We'll keep this as human as legal text allows. Last updated June 2026.
Last updated: June 20, 2026
These Terms of Service are entered into by and between you and Spectrum Shift LLC, doing business as Alora ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms"), govern your access to and use of the aloraplanner.com website (the "Website") and any affiliated software and mobile applications, including the Alora daily planning application and any content, functionality, products, and services offered on or through the Website (the "Services"), whether as a guest, registered user, or authorized user.
Please read these Terms carefully before you start to use the Services. By clicking to accept or agree to these Terms when this option is made available to you, or by accessing or using the Services in any manner, you accept and agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Services.
By accessing or using the Services, you agree to our use of cookies placed on your device pursuant to the terms of our Privacy Policy. We use cookies to collect information and improve our Services. If you choose to use the Services without blocking or disabling cookies, you indicate your consent to our use of these cookies and to our use, in accordance with the Privacy Policy, of any personal information we collect using these cookies. For more information about how we use cookies, please see our Privacy Policy.
We may revise and update these Terms from time to time in our sole discretion. We will give you at least 30 days' notice of material changes by email or in-app notice before they take effect. Minor changes, such as corrections required by changes in law, may be effective immediately when posted. All changes apply to all access to and use of the Services after the effective date.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Alora is a productivity and planning tool, not a medical device or clinical service.
The Services do not diagnose, treat, cure, prevent, or manage attention deficit hyperactivity disorder (ADHD), autism spectrum disorder (AuDHD), or any other medical or mental health condition. Nothing in the Services constitutes medical advice, mental health therapy, clinical guidance, or a substitute for the advice of a qualified physician, psychiatrist, psychologist, therapist, or other licensed healthcare professional.
Do not use the Services as a replacement for professional mental health care. If you are experiencing a mental health crisis, emergency, or symptoms that concern you, contact a qualified healthcare provider or emergency services immediately.
Do not enter protected health information into the Services. Alora is not a HIPAA-covered entity and does not operate as a healthcare provider or business associate. You should not enter clinical diagnoses, medication names and dosages, therapy session notes, or other protected health information into the Services. If you choose to enter any health-related information, you do so at your own risk and acknowledge that the Company is not responsible for the safeguarding of such information beyond the standard security measures described in our Privacy Policy.
AI-generated planning suggestions and content produced by the Services are for productivity support only and are not a form of therapy, clinical intervention, or emotional counseling. You should not rely on AI-generated content for any mental health decision.
We reserve the right to withdraw or amend the Services, and any content or material we provide through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access, including registered user access, to some parts or all of the Services.
You are responsible for:
To access the Services or certain resources they offer, you may be asked to provide registration details or other information. It is a condition of your use of the Services that all information you provide is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including through any interactive features, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.
If you are provided with, or choose, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any other person or entity. Your account is personal to you; you agree not to provide any other person with access to the Services using your username, password, or other security information. You are responsible for any activity occurring under your account, whether or not you authorized that activity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security at support@aloraplanner.com. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
By using the Services or providing us with your email address, you consent to receive all communications, notices, and disclosures from us electronically, in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act). Electronic communications may be delivered via email or by posting notices on the Website or within the application. You agree that all electronic communications we provide satisfy any legal requirement that such communications be in writing.
Scope. This consent applies to all account-related notices, subscription notices, Terms changes, privacy policy updates, security alerts, and other communications relating to the Services.
Hardware and software requirements. To receive and access electronic communications, you need: a device (computer, tablet, or smartphone) capable of accessing the internet; a current web browser (Chrome, Safari, Firefox, Edge, or equivalent); and a valid email address and email client capable of receiving HTML email. We will notify you in advance if we add any new hardware or software requirements.
Right to paper copies. You have the right to receive any communication in paper form. To request a paper copy, contact us at support@aloraplanner.com. We may charge a reasonable fee for paper copies.
Withdrawal of consent. You may withdraw consent to receive electronic communications at any time by contacting us at support@aloraplanner.com with the subject line "Withdraw Electronic Communications Consent." However, withdrawal of consent may affect your ability to use the Services, as some notices are necessary for the operation of your account. Withdrawal of consent does not apply retroactively to communications already sent. You may opt out of marketing emails separately at any time using the unsubscribe link in any marketing email, without affecting transactional and account-related communications.
The Services may contain links to third-party websites or resources. The Company does not endorse and is not responsible or liable for their availability, accuracy, content, products, or services. You are solely responsible for your use of any such websites or resources. Your use of any third-party integration is also subject to the terms and privacy policies of that third party. The Company is not responsible for any errors, outages, data handling practices, or other failures attributable to third-party services, including payment processors and AI model providers.
We make available features and functionality that utilize generative artificial intelligence models ("Alora AI"). Your use of Alora AI is subject to these Terms.
Third-party AI providers. Alora AI is powered in part by third-party AI services, including OpenAI, Inc. (models including GPT-5.5 for Blueprint generation and Whisper-1 for voice transcription) and Anthropic PBC (Claude Sonnet 4-6 for brain dump processing). Your use of Alora AI features is also subject to the applicable terms of service of these providers. We will update this section when we add or change AI providers.
Your data and AI training. Your personal content is never used to train AI models, not ours and not those of our third-party providers. Your data is sent to AI providers solely to process your individual request and generate your response. See our Privacy Policy for full details.
AI output ownership. AI-generated suggestions and content produced through your use of the Services are made available to you for your personal use. You may use, adapt, and incorporate AI-generated content into your own work. The Company does not claim ownership of AI-generated content produced for your account.
AI accuracy disclaimer. AI-generated outputs may be inaccurate, incomplete, outdated, misleading, or otherwise unsuitable for your needs.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR FITNESS FOR ANY PARTICULAR PURPOSE OF AI-GENERATED CONTENT. YOU SHOULD INDEPENDENTLY VERIFY ANY AI-GENERATED SUGGESTIONS, ESPECIALLY WHERE THEY RELATE TO PLANNING, HEALTH, FINANCES, OR DECISIONS WITH MATERIAL CONSEQUENCES. THE COMPANY IS NOT LIABLE FOR ANY HARM ARISING FROM YOUR RELIANCE ON AI-GENERATED OUTPUTS.
LIMITATION OF LIABILITY FOR AI. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY IS NOT LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM: (i) INACCURATE OR HARMFUL AI-GENERATED CONTENT; (ii) THIRD-PARTY AI PROVIDER OUTAGES, ERRORS, OR CHANGES IN THEIR MODELS OR POLICIES; OR (iii) YOUR RELIANCE ON AI-GENERATED CONTENT IN VIOLATION OF THE DISCLAIMER ABOVE.
Opt-out. You may opt out of AI features at any time through your account settings. Opting out will not affect your access to non-AI features of the Services.
Except for User Contributions (defined below), the Services and their entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material through our Services, except as follows:
You must not:
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Company name, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
Additionally, you agree not to:
Additionally, you will not, and will not attempt to, misuse the Services. You must not, and must not attempt to, use the Services to do any of the following:
You are prohibited from using the Services to transmit or store any sensitive personally identifiable information, which may include, but is not limited to, information about yourself or any other person that may relate to health or medical conditions, social security numbers or taxpayer identification numbers, driver's license numbers, or cardholder data ("Sensitive Personal Information"). The Company is not responsible for any Sensitive Personal Information uploaded to the Services and is under no obligation to ensure that Sensitive Personal Information is not uploaded to the Services.
The Services are not intended for use by persons under the age of 13. If you are under 18, you represent that you have your parent or guardian's permission to use the Services and that you agree to these Terms.
The Services are provided with LIMITED or RESTRICTED RIGHTS. Any access or use of the Services by the United States government is subject to restrictions as set forth in FAR 12.212 or DFARS 227.7202-1(a), 227.7202-3(a) and 227.7202-4 (1995) and, to the extent required under U.S. federal law, the minimum restricted rights as set out in FAR 52.227-19 (DEC 2007) or FAR 52.227-14 (DEC 2007). To the extent any technical data is provided pursuant to these Terms, such data is protected per FAR 12.211 and DFARS 227.7102-2 and to the extent explicitly required by the U.S. government, is subject to limited rights as set out in DFARS 252.227.7015 (NOV 1995) and DFARS 252.227-7037 (SEPT 1999). In the event that any of the above referenced agency regulations are modified or superseded, the subsequent equivalent regulation shall apply. In case of conflict between any of the FAR and DFARS provisions listed herein and these Terms, the construction that provides greater limitations on the government's rights shall control. The name of the provider is Spectrum Shift LLC, 1209 Mountain Road Pl NE, Suite R, Albuquerque, NM 87110. For purposes of any public disclosure provision under any federal, state, or local law, it is agreed that the Services are trade secrets and a proprietary commercial product and not subject to disclosure. If you are an agency, department, or other entity of any state government, the United States government, or any other public entity or funded in whole or in part by the United States government, then you hereby agree to protect the Services from public disclosure and to consider the Services exempt from any statute, law, regulation, or code, including any Sunshine Act, Public Records Act, Freedom of Information Act, or equivalent, which permits public access and/or use of the Services.
The Services allow you to post, submit, publish, display, or transmit content or materials (collectively, "User Contributions"), including your tasks, brain dumps, blueprints, vision board items, morning briefs, and evening reflections. All User Contributions must comply with the Content Standards set out in these Terms.
You represent and warrant that:
Your User Contributions are your property, and you retain all ownership rights. We do not claim any ownership interest in your User Contributions. However, by posting, submitting, or otherwise providing User Contributions through the Services, you grant the Company and its affiliates and subsidiaries a non-exclusive, royalty-free right and license to use, store, display, reproduce, and transmit your User Contributions: (a) solely as necessary to provide and operate the Services for your benefit; and (b) to generate aggregated or de-identified data that cannot reasonably be linked to you, which we may use to improve, analyze, and develop our Services. We never use your identifiable User Contributions to train AI models.
Your User Contributions are your sole responsibility. You, and not the Company, are responsible for maintaining and protecting your User Contributions. The Company will not be liable to you or any third party for any loss or corruption of your User Contributions, or for any costs or expenses associated with backing up or restoring any User Contributions. You are solely responsible for maintaining copies of and replacing any User Contributions you post or store on the Services. If you authorize third parties to access your User Contributions through the Services, you agree that we are permitted to provide them your User Contributions, and you agree that we have no responsibility or liability for their use of such User Contributions.
If you provide information about someone else, you must ensure that you are authorized to disclose such information and that the individual is aware of and consents to the disclosure pursuant to these Terms and our Privacy Policy.
How we collect and use your information is also explained in our Privacy Policy.
If you choose to submit ideas, suggestions, feature requests, or other feedback to us, whether through the Services, by email, or in any other manner (collectively, "Feedback"), you acknowledge that such Feedback is non-confidential and that the Company is free to use it without any restriction, obligation of compensation, attribution, or confidentiality to you. By submitting Feedback, you grant the Company a worldwide, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, distribute, publicly display, and publicly perform your Feedback in any manner and for any purpose, including to develop and improve the Services. You acknowledge that the Company may already be considering or may independently develop similar ideas, and you agree that you have no expectation of review, compensation, or other consideration in connection with your Feedback. Do not submit Feedback that you consider confidential or proprietary; any Feedback you submit will be treated as non-confidential regardless of any marking to the contrary. This section does not apply to User Contributions, which are governed by the User Contributions section above.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all material before it is submitted to the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
In the event of a security incident that may affect user data, we will notify affected users as described in our Privacy Policy. See the Privacy Policy's Security Incidents and Breach Notification section for our notification procedures and timelines.
During active subscription. You may request an export of your User Contributions at any time while your subscription is active by contacting us at support@aloraplanner.com. We will provide a machine-readable JSON export of your content within a reasonable time.
On cancellation or termination. Whether your account is cancelled by you or terminated by the Company for any reason, including termination for cause, you may request an export of your User Contributions within 30 days of the cancellation or termination date. This right is symmetric: it applies to user-initiated cancellations and company-initiated terminations alike. To request a data export, contact us at support@aloraplanner.com prior to or promptly after account deletion. We will notify you by email to your registered address when the deletion process begins so you have adequate opportunity to request an export.
After 30 days from the cancellation or termination date, we will begin the deletion process for your personal information as described in our Privacy Policy. Some information may be retained for legal or compliance purposes as stated in our Privacy Policy.
You retain access to the Services through the end of your current billing period upon cancellation. We do not provide refunds for unused periods of a subscription.
These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
We respect intellectual property rights and ask that you do the same. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. We reserve the right to delete or disable content alleged to be infringing and to terminate the accounts of repeat infringers.
If you believe that content available through the Services infringes one or more of your copyrights, please provide our designated copyright agent with the following information: (1) a description of the copyrighted work you believe to be infringed; (2) identification of the material you believe to be infringing and information reasonably sufficient to permit us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Copyright Agent:
The information presented on or through the Services is made available solely for general information and productivity support purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. See also the "No Medical or Professional Advice" section above.
All purchases through the Services or other transactions for the Services are governed by the following terms.
Trial and payment. Alora's annual subscription includes a 14-day trial. A credit card or other valid payment method is required to begin the trial, and you will not be charged until it ends. The monthly subscription is charged when it begins.
Auto-renewal and cancellation. Monthly subscriptions renew automatically at the then-current rate. Annual subscriptions begin after the trial and renew automatically at the then-current rate unless you cancel before the applicable renewal date.
IF YOUR ACCOUNT IS SET TO AUTO-RENEWAL, OR IS IN A TRIAL PERIOD, THE COMPANY MAY AUTOMATICALLY CHARGE YOUR PAYMENT METHOD AT THE END OF THE TRIAL OR FOR THE RENEWAL UNLESS YOU NOTIFY THE COMPANY THAT YOU WANT TO CANCEL OR DISABLE AUTO-RENEWAL. YOU MAY CANCEL AT ANY TIME THROUGH YOUR ACCOUNT SETTINGS. TO CANCEL, GO TO: ACCOUNT SETTINGS > SUBSCRIPTION > CANCEL SUBSCRIPTION.
Cancellation takes effect at the end of the current billing period. You retain access through the end of the paid period.
State-specific auto-renewal disclosures. We comply with all applicable state auto-renewal and automatic subscription renewal laws, including those of California, New York, Illinois, Colorado, Connecticut, Virginia, Oregon, and any other state with similar requirements. Where required by applicable law, we will provide clear and conspicuous disclosure of the auto-renewal terms before you complete your purchase, and we will provide advance notice of renewal before each billing cycle for annual subscriptions. You may cancel at any time using the cancellation method described above.
Price changes. We will give you at least 30 days' notice before changing subscription pricing. Your continued use of the Services after a price change takes effect means you accept the new rate. If you do not accept a price change, you must cancel before it takes effect.
Failed payments. If your payment fails, we will notify you and attempt to retry payment. If payment is not resolved within 7 days of the failed charge, we may downgrade your account to limited access or suspend access to paid features until payment is resolved.
Refunds. All subscription fees are non-refundable except where required by applicable law. All purchases are final and no refunds will be provided unless required by law. Nothing in these Terms prevents you from exercising any applicable statutory refund rights in your jurisdiction.
Billing responsibility. You are responsible for providing complete and accurate billing and contact information. The Company may suspend or terminate the Services if fees remain unpaid.
Payment processors. We use third-party payment processing companies to collect and process payments. For web subscriptions, we use Stripe, Inc. For subscriptions through the Apple App Store, payment is processed by Apple, Inc. under Apple's terms, and must be managed and cancelled through the Apple App Store or your device's subscription settings. For subscriptions through Google Play, payment is processed by Google LLC under Google's terms, and must be managed and cancelled through the Google Play Store. The Company has no ability to issue refunds for purchases made through Apple or Google; refund requests for Apple or Google purchases must be directed to those platforms directly. To the extent any provision of these Terms conflicts with Apple's or Google's applicable terms for in-app purchases, Apple's and Google's terms will control solely with respect to in-app purchases made through those platforms.
Taxes. Subscription fees quoted on the Website are exclusive of applicable taxes, unless otherwise stated. You are responsible for all applicable taxes, levies, or duties (including sales tax, value-added tax, and goods and services tax) imposed by any taxing authority. Where required by law, the Company will collect and remit applicable taxes on your behalf. Tax treatment may vary by jurisdiction; consult a tax advisor if you have questions.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SERVICES FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES OR ON ANY WEBSITE LINKED TO THE SERVICES.
YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE LAST 12 MONTHS FOR THE APPLICABLE PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER-CLAIM OR PER-INCIDENT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Contributions, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services. The foregoing indemnification obligation does not apply to the extent any claim arises from the Company's own gross negligence or willful misconduct, or from intellectual property infringement claims based solely on AI-generated content that you did not create, direct, or modify.
The Services rely on third-party service providers for certain functions, including payment processing (Stripe, Apple, Google), push notifications (Google Firebase), and AI language model services (OpenAI, Anthropic). The Company is not responsible for any errors, service outages, data handling practices, pricing changes, or other actions or failures attributable to these third-party providers. If a third-party service is unavailable, certain features of the Services may not function. We will make reasonable efforts to provide notice of planned third-party service changes but cannot guarantee continuity of any third-party functionality.
All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Mexico without giving effect to any choice or conflict of law provision or rule.
Subject to the arbitration provision below, any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Mexico. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
This arbitration provision applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (i) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (ii) access to or use of the Services, including receipt of any advertising, marketing, or other communications from us; (iii) any transactions through, by, or using the Services; or (iv) any other aspect of your relationship or transactions with us, directly or indirectly, as a user or consumer (each of the foregoing, a "Claim"), whether such Claim arose or was asserted before or after your consent to these Terms.
Informal resolution. For any Claim, you agree to first contact us at support@aloraplanner.com and attempt to resolve the dispute with us informally. We will try to resolve the Claim within thirty (30) days of receiving written notice. You must provide your name, account email address, and a description of the Claim.
Binding arbitration. In the unlikely event that we have not been able to resolve a Claim after the 30-day informal resolution period, we each agree to resolve any Claim through binding arbitration by the American Arbitration Association ("AAA") under the AAA Consumer Arbitration Rules then in effect, except as provided herein. In the event of any conflict between the AAA rules and these Terms, these Terms shall control. The arbitration may be conducted remotely by document submission, videoconference, or telephone, or in person in New Mexico, as the parties may agree or as the arbitrator may direct. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA Consumer Arbitration Rules, and the award rendered by the arbitrator may include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses.
Small claims carve-out. Notwithstanding the foregoing, you or the Company may bring an individual action in small claims court for disputes or claims within the scope of that court's jurisdiction, without first complying with the informal resolution requirement. Nothing in this arbitration provision waives either party's right to bring an individual small claims court action.
Mass arbitration. If 25 or more similar arbitration demands are filed against the Company within a 90-day period by claimants represented by the same law firm, coordination group, or acting in coordination, the Company may elect to apply AAA's mass filing supplementary rules. In such an event, the Company may also propose a bellwether procedure to resolve a representative subset of the claims before proceeding to the remainder. The parties agree to cooperate in good faith with any such procedures.
Authority of arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and we agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration provision, including any claim that all or any part of this arbitration provision is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms, or any provision of these Terms, is unconscionable or illusory, or any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
NOTHING IN THIS ARBITRATION PROVISION WILL BE DEEMED AS PREVENTING US FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, INTELLECTUAL PROPERTY, OR OTHER PROPRIETARY RIGHTS.
IF THIS ARBITRATION PROVISION IS FOUND TO BE VOID, UNENFORCEABLE, OR UNLAWFUL, IN WHOLE OR IN PART, THE VOID, UNENFORCEABLE, OR UNLAWFUL PROVISION SHALL BE SEVERED. SEVERANCE OF THE VOID, UNENFORCEABLE, OR UNLAWFUL PROVISION SHALL HAVE NO IMPACT ON THE REMAINING PROVISIONS OF THESE TERMS, WHICH SHALL REMAIN IN FORCE, OR THE PARTIES' ABILITY TO COMPEL ARBITRATION OF ANY REMAINING CLAIMS ON AN INDIVIDUAL BASIS PURSUANT TO THESE TERMS. NOTWITHSTANDING THE FOREGOING, IF THE CLASS ACTION/JURY TRIAL WAIVER IS FOUND TO BE VOID, UNENFORCEABLE, OR UNLAWFUL, IN WHOLE OR IN PART, BECAUSE IT WOULD PREVENT YOU FROM SEEKING PUBLIC INJUNCTIVE RELIEF, THEN ANY DISPUTE REGARDING THE ENTITLEMENT TO SUCH RELIEF (AND ONLY THAT RELIEF) MUST BE SEVERED FROM ARBITRATION AND MAY BE LITIGATED IN A CIVIL COURT OF COMPETENT JURISDICTION. ALL OTHER CLAIMS FOR RELIEF SUBJECT TO ARBITRATION UNDER THESE TERMS SHALL BE ARBITRATED UNDER ITS TERMS.
Opt-out. You may opt out of this agreement to arbitrate. To opt out, you must notify the Company in writing within thirty (30) days of the date that you first agreed to these Terms. You must provide notice via email to support@aloraplanner.com with the subject line "Arbitration Opt-Out," and you must include your name, email address associated with your account, and a clear statement that you want to opt out of this arbitration agreement.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AND WE AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. YOU AND WE AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
The following provisions survive the termination or expiration of these Terms for any reason: No Medical or Professional Advice; Intellectual Property Rights; Trademarks; User Contributions (with respect to content submitted prior to termination); Feedback and Suggestions; Monitoring, Enforcement, and Termination; Data Export and Deletion on Termination; Content Standards; Copyright Policy; Disclaimer of Warranties; Limitation on Liability; Indemnification; Third-Party Integrations; Third-Party Services Disclaimer; Subscriptions, Fees, and Billing (with respect to amounts accrued prior to termination and any outstanding billing disputes); Governing Law and Jurisdiction; Arbitration; Class Action / Jury Trial Waiver; Limitation on Time to File Claims; Survival; Waiver and Severability; and Entire Agreement.
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
These Terms, the Privacy Policy, and any other agreements expressly incorporated herein by reference constitute the sole and entire agreement between you and Spectrum Shift LLC regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
THE COMPANY WILL NOT BE LIABLE FOR FAILURE OR DELAY IN PERFORMANCE TO THE EXTENT CAUSED BY CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, NATURAL DISASTERS, EPIDEMIC OR PANDEMIC, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, STRIKES, SHORTAGE OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOR, OR MATERIALS, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF OUR SERVICES.
You may not assign any of your rights or obligations under these Terms, and any such attempt is void. The Company may assign its rights and obligations under these Terms, with or without notice to you, to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
All notices of copyright infringement claims should be sent to the copyright agent designated in these Terms in the manner set out herein.
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: