Terms of Service

1.1 Acceptance of Terms

Welcome to the services operated by Lyalpha GmbH ("Company," "we," "us," or "our"). By accessing or using any of our websites and services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms").

If you are using our Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

1.2 Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our Sites. Your continued use of the Services after any changes constitutes acceptance of the new Terms.

If you do not agree with modified Terms, you may terminate your account within 7 days of the changes taking effect.

To use our Services, you must:

• Be at least 18 years old or of legal age in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using our Services under applicable laws
• Provide accurate and truthful information during registration

By using our Services, you represent and warrant that you meet all eligibility requirements.

3.1 Registration

Some Services may require account registration. When registering, you must:

• Provide true, accurate, and complete information
• Use a valid email address that you control
• Keep your account information up to date

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or use

We are not liable for any losses arising from unauthorized account access due to your failure to protect your credentials.

3.3 Account Termination

• You may request account termination at any time by contacting us
• We may suspend or terminate accounts that violate these Terms
• We reserve the right to refuse service to anyone at our sole discretion

4.1 Services Offered

Our platforms provide various domain-related tools and services, including but not limited to:

• Domain Intelligence: TLD reports, market analytics, and trend data
• Newly Registered Domains: Daily lists of newly registered domains
• Domain Tools: WHOIS lookup, DNS analysis, and related utilities
• Website Analysis: AI-powered website intelligence and analysis
• Domain Monitoring: Alerts for domain status changes

4.2 Free and Premium Services

Some Services are available free of charge, while others require a paid subscription. Specific pricing, features, and terms for premium services are listed on each Site's membership or pricing page.

4.3 Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. We may:

• Modify, suspend, or discontinue any Service at any time
• Perform maintenance that may temporarily affect availability
• Change data formats, APIs, or feature sets

5.1 Payment Terms

For Sites offering paid services:

• Payments are processed in USD or EUR via secure third-party processors (e.g., PayPal)
• Subscriptions automatically renew unless canceled before the renewal date
• Prices may change with reasonable prior notice
• You are responsible for all applicable taxes

5.2 Subscription Management

• You may cancel your subscription at any time
• Cancellation takes effect at the end of the current billing period
• No partial refunds for unused subscription time

5.3 Refund Policy

• Digital services are generally non-refundable once access has been provided
• Refunds may be provided in accordance with EU consumer protection laws
• No refunds for accounts terminated due to Terms violations

For refund requests, please contact us at info@abtdomain.com.

6.1 Permitted Use

Our Services are intended for legitimate and lawful purposes, including:

• Domain research, analysis, and investment
• Cybersecurity and web intelligence
• Trademark monitoring and intellectual property protection
• Market research and competitive analysis

6.2 Prohibited Activities

You agree NOT to:

• Use our Services for phishing, spam, or unsolicited communications
• Engage in illegal marketing, malware distribution, or fraudulent schemes
• Share, redistribute, or resell downloaded content without authorization
• Scrape, crawl, or use automated tools to bulk download data
• Circumvent technical restrictions, access controls, or download limits
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use data in violation of ICANN policies or applicable laws
• Impersonate others or provide false information

6.3 Download Limits

Premium services include specific download limits as described on the membership page. Exceeding limits or attempting to circumvent restrictions will result in account suspension.

7.1 Our Content

All content on our Sites, including but not limited to text, graphics, logos, software, and data compilations, is the property of Lyalpha GmbH or its licensors and is protected by intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal or internal business purposes, subject to these Terms.

You may NOT:

• Copy, modify, or create derivative works of our content
• Distribute, sell, rent, or sublicense any part of our Services
• Remove or alter any proprietary notices or labels
• Use our trademarks without prior written consent

7.3 Domain Data

Domain registration data we provide is sourced from publicly available records. While we compile and present this data, we do not claim ownership of underlying registry data. Our value-added analysis, formatting, and tools remain our intellectual property.

7.4 User Feedback

Any feedback, suggestions, or ideas you provide may be used by us without obligation to compensate you.

8.1 Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data in compliance with GDPR and other applicable laws.

8.2 Data Processing

• Data analysis is performed in the European Economic Area (EEA)
• Some data may be stored on US-based servers with appropriate safeguards
• Cross-border transfers comply with GDPR using Standard Contractual Clauses (SCCs) and the EU-US Data Privacy Framework

8.3 Security Measures

We implement encryption, access controls, and regular security audits to protect your data. However, no system is completely secure, and we cannot guarantee absolute security.

8.4 Your Rights

Under GDPR, you have rights to access, correct, delete, and port your data. See our Privacy Policy for details on exercising these rights.

9.1 Service Disclaimer

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability or fitness for a particular purpose
• Accuracy, completeness, or reliability of data
• Uninterrupted or error-free operation
• Security or freedom from viruses or harmful components

9.2 Data Accuracy

Domain data is sourced from third-party registries and may contain errors, be outdated, or incomplete. We do not guarantee the accuracy of any data and recommend independent verification for important decisions.

9.3 Third-Party Links

Our Sites may contain links to third-party websites. We are not responsible for their content, privacy practices, or terms of service.

9.4 Investment Decisions

Information provided through our Services is for informational purposes only and does not constitute financial, legal, or investment advice. Domain investments carry risk, and you should conduct your own due diligence.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• We shall not be liable for any loss of profits, data, business opportunities, or goodwill
• Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim

These limitations apply regardless of the legal theory (contract, tort, or otherwise) and even if we have been advised of the possibility of such damages.

You agree to indemnify, defend, and hold harmless Lyalpha GmbH and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit or transmit through our Services

12.1 Termination by You

You may stop using our Services and request account deletion at any time by contacting us.

12.2 Termination by Us

We may suspend or terminate your access immediately, without notice, for:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Extended inactivity
• Any reason at our sole discretion

12.3 Effect of Termination

• Your right to use the Services will cease immediately
• No refunds will be provided for termination due to Terms violations
• Provisions that should survive termination (e.g., intellectual property, limitation of liability) will remain in effect

13.1 Governing Law

These Terms are governed by the laws of Germany, without regard to conflict of law principles.

13.2 Arbitration

Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the London Court of International Arbitration (LCIA), unless you are a consumer in the EU with mandatory local protections.

• Arbitration shall take place in the European Union
• Proceedings shall be conducted in English
• The arbitrator's decision shall be final and binding

13.3 Class Action Waiver

To the extent permitted by law, you waive any right to participate in class actions or class arbitrations. All disputes must be resolved on an individual basis.

13.4 Exceptions

Either party may seek injunctive relief in court for intellectual property violations or data privacy breaches.

13.5 EU Consumer Rights

If you are a consumer in the European Union, you retain all mandatory protections under your local consumer protection laws. You may also use the EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

14.1 Force Majeure

We are not liable for failures or delays caused by events beyond our reasonable control, including natural disasters, pandemics, wars, government actions, or third-party service disruptions.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

14.4 Assignment

We may assign our rights and obligations under these Terms without your consent. You may not assign your rights without our prior written consent.

14.5 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Lyalpha GmbH regarding the use of our Services, superseding all prior agreements.

14.6 Language

The English version of these Terms is the authoritative version. Any translations are provided for convenience only.

If you have questions or concerns about these Terms, please contact us:

We aim to respond to all inquiries within 3 business days.

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.