Align Business Terms of Use

1. Agreement

These Align Business Terms of Use (“Terms”) are an agreement between HorizonMade Technology, LLC, doing business as HorizonMade (“HorizonMade”), and the organization obtaining or using Align (“Customer”).

By signing an order, accepting a proposal, purchasing a license, accessing a hosted environment, or permitting users to access Align, Customer agrees to these Terms and the Align Privacy Policy.

2. Order of precedence

A signed order form, proposal, statement of work, license agreement, hosting agreement, or data-processing agreement is an “Order.” If an Order conflicts with these Terms, the Order controls for that Customer and transaction, but only to the extent of the stated conflict.

3. Align license and access

Subject to payment and compliance with the applicable Order and these Terms, HorizonMade grants Customer a limited, non-exclusive, non-transferable right to use Align for Customer’s internal business operations during the applicable license or subscription term.

Customer may allow authorized employees, contractors, managers, directors, HR personnel, and other approved users to use Align solely on Customer’s behalf. Customer is responsible for their compliance.

A one-time license does not transfer ownership of Align or guarantee unlimited future upgrades, hosting, support, or compatibility unless an Order expressly states otherwise.

4. Restrictions

Customer may not, and may not permit another person to:

• Sell, resell, rent, lease, sublicense, distribute, publish, or provide Align as a service to another organization;
• Provide public or third-party access except for authorized users acting for Customer;
• Copy or create derivative products from Align except as expressly authorized;
• Reverse engineer, decompile, or attempt to obtain source code except where applicable law expressly permits it;
• Remove ownership, copyright, trademark, or attribution notices;
• Bypass license, access, authentication, usage, or security restrictions;
• Use Align to violate employment, labor, privacy, discrimination, recordkeeping, or other laws; or
• Use Align to develop or support a competing product.

5. Ownership

HorizonMade retains all rights, title, and interest in Align, including its source code, object code, architecture, user interface, workflows, documentation, updates, improvements, templates, reports, branding, and intellectual property.

Customer receives only the usage rights expressly stated in an Order and these Terms. Source code, development repositories, build systems, and internal development materials are not included unless HorizonMade expressly agrees otherwise in a signed writing.

6. Customer data

As between HorizonMade and Customer, Customer retains ownership of the data Customer or its users enter into Align (“Customer Data”). Customer authorizes HorizonMade to host, process, transmit, back up, and otherwise use Customer Data only as reasonably necessary to provide, secure, maintain, and support Align and fulfill legal obligations.

Customer represents that it has all rights, notices, permissions, and lawful grounds necessary to provide Customer Data and permit its use under these Terms.

7. Workforce and HR responsibilities

Customer is solely responsible for employment, staffing, scheduling, compensation, attendance, PTO, discipline, performance, training, and other workforce decisions.

Align is a recordkeeping and operational-support tool. It does not provide legal, employment, payroll, accounting, tax, or human-resources advice and does not replace review by qualified Customer personnel.

Customer must review schedules, recommendations, reports, calculations, exports, staffing gaps, and other outputs before relying on them.

8. Accounts and security

Customer is responsible for designating administrators, assigning appropriate roles, maintaining accurate user access, protecting credentials, promptly removing former users, and notifying HorizonMade of suspected unauthorized access.

Customer may not share individual credentials or allow access beyond the number or types of users authorized by the applicable Order.

9. Hosting

Customer-managed hosting

When Customer hosts Align, Customer is responsible for its infrastructure, server, database, network, backups, operating system, security, remote access, certificates, availability, disaster recovery, and regulatory requirements.

HorizonMade-managed hosting

When HorizonMade provides hosting, hosting is subject to the applicable Order, fees, usage limits, and technical requirements. HorizonMade may perform maintenance, security updates, backups, and infrastructure changes reasonably necessary to operate the hosted service.

Unless an Order includes a specific service level, HorizonMade does not guarantee uninterrupted availability, a particular uptime percentage, or recovery of every record. Scheduled and emergency maintenance may temporarily affect access.

10. Implementation, support, and product boundaries

Implementation and support include only the services expressly identified in the applicable Order. Align is offered as a HorizonMade product and not as staff augmentation, general business consulting, or an open-ended customer-directed development arrangement.

Suggestions and feature requests do not create an obligation to implement a change. HorizonMade controls product design, development methods, roadmaps, release timing, and whether requested functionality becomes part of the standard product or a separately priced upgrade.

11. Updates and upgrades

HorizonMade may release maintenance updates, security fixes, new versions, modules, or upgrades. Entitlement to them is determined by the applicable Order, license tier, hosting plan, upgrade policy, or separate purchase.

Customer-requested customizations, data migrations, integrations, additional modules, or major upgrades may require a separate Order and fee.

12. Fees, taxes, and payment

Customer will pay all fees stated in the applicable Order. Except where an Order states otherwise, fees are noncancelable and nonrefundable once the applicable license, implementation work, or hosting period begins.

Customer is responsible for applicable sales, use, excise, and similar taxes, excluding taxes based on HorizonMade’s net income. Overdue amounts may result in suspended hosted access after reasonable notice, subject to the applicable Order and law.

13. Confidentiality

Each party may receive nonpublic business, technical, security, financial, or operational information from the other party. The receiving party will use reasonable care to protect confidential information and will use it only to perform or exercise rights under the parties’ agreement.

Confidential information does not include information that becomes public without breach, was already lawfully known, is received lawfully without a confidentiality duty, or is independently developed without use of the other party’s confidential information.

14. Third-party products and integrations

Align may interoperate with third-party infrastructure, browsers, email systems, file formats, hosting providers, or other services. Third-party products are governed by their own terms and may change or become unavailable.

HorizonMade is not responsible for a third-party product or for Customer’s configuration, licensing, security, or use of that product.

15. Suspension

HorizonMade may suspend access when reasonably necessary to address a security threat, unlawful use, material breach, overdue hosted-service payment, or activity that risks harm to Align, HorizonMade, Customer, or another party. When practical, HorizonMade will provide notice and work with Customer to restore access.

16. Term and termination

These Terms remain in effect while Customer holds an active license, subscription, hosted environment, or outstanding Order.

Either party may terminate for a material breach that remains uncured after any notice and cure period stated in the Order. HorizonMade-managed hosting may also end according to the notice and termination provisions in the applicable Order.

Upon termination, Customer must stop unauthorized use of Align and pay outstanding amounts. Hosted Customer Data will be handled according to the applicable Order, agreed export process, backup schedule, privacy policy, and legal requirements.

17. Warranty disclaimer

Except for warranties expressly stated in an Order, Align is provided “as is” and “as available.” To the maximum extent permitted by law, HorizonMade disclaims implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted or error-free operation.

HorizonMade does not warrant that Align will identify every staffing gap, scheduling conflict, legal requirement, payroll issue, security incident, or incorrect Customer entry.

18. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profit, revenue, goodwill, business opportunity, or anticipated savings arising from Align.

To the maximum extent permitted by law, HorizonMade’s total aggregate liability arising from an applicable Order or Customer’s use of Align will not exceed the fees paid or payable to HorizonMade under that Order during the twelve months preceding the event giving rise to the claim.

These limitations do not apply where liability cannot legally be limited or excluded.

19. Customer indemnification

To the extent permitted by law, Customer will defend and indemnify HorizonMade against third-party claims arising from Customer Data, Customer’s unlawful employment or workforce practices, Customer-managed infrastructure, unauthorized use, or Customer’s material violation of these Terms.

20. Governing law and venue

These Terms and Orders are governed by the laws of the State of North Carolina, without regard to conflict-of-law rules. Unless an Order states otherwise, the parties consent to the state and federal courts serving Wake County, North Carolina.

21. General terms

Neither party may assign an Order without the other party’s consent, except in connection with a merger, reorganization, or sale of substantially all relevant assets. Customer may not assign an Align license to another organization without HorizonMade’s written consent.

Neither party is liable for delay caused by circumstances beyond its reasonable control. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be limited to the minimum extent necessary, and the remaining provisions will continue.

The applicable Order, these Terms, and referenced policies form the entire agreement concerning the covered transaction and replace prior statements about that transaction.

22. Contact HorizonMade

HorizonMade Technology, LLC
Doing business as HorizonMade
4030 Wake Forest Road, Suite 349
Raleigh, North Carolina 27609
United States

Email: Guy@horizonmade.net
Phone: (980) 333-4383