Terms and Conditions

TERMS AND CONDITIONS

Last updated November 9, 2023

This website www.abetterlambda.com (the “Website”) and all services available on the Website (the “Service”) is owned and operated by Blue Marketing (the “Company,” “ABetterLambda,” “we,” “us”). You must read and agree to this Terms and Conditions Agreement (“Agreement”) if you are a User of ABetterLambda’s website at www.ABetterLambda.com.

Access to the Service is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (collectively as “Terms and Conditions”).

This Terms apply to all visitors, users and other who access or use the Website or Services (“you,” “user”).

ACCEPTANCE

Your use of and/or access to the Service constitutes your agreement to the Terms and Conditions. By selecting to use the Service, you express your agreement to these Terms as well as to future changes which can be made to these Terms in the process of your further usage of our services offered.

By using our Website, you represent and warrant that you: (a) are of legal age or legal capacity in your jurisdiction; (b) agree to all of the terms and conditions stated herein and; (c) have the right, power, and authority to bind your represented entity or the agency to these terms and conditions.

You hereby acknowledge and covenant to abide by and comply with any applicable federal, state and local laws and regulations applicable to your use of our services. If you do not consent to any of these Terms, you are thereby prohibited from using or accessing this Website.

The Website’s accessibility to the user is solely provided for the user’s individual benefit. If you are using our Website in representation of a corporate third party, you hereby represent and warrant that you have the necessary power and authority in order to execute this agreement.

By registering with us, you agree that all information provided to us is true and accurate and you will keep it current. During the registration process, you will be asked to select a password. The password and your account are for your individual use only, and are not to be shared with coworkers, friends or family. You agree to keep your password confidential at all times and notify ABetterLambda immediately if you learn of an unauthorized use of your password. You are fully responsible for activities or transactions that relate to your account or your password.

OUR SERVICE

We provide our users with a cloud service intended to keep lambda instances warm. This improves the response times of the lambdas and avoids any cold starts. When creating an account on ABetterLambda, you will gain access to a dashboard in which you can insert URL links and set the concurrency. In turn, ABetterLambda will automatically start warming that specified URL and with the set concurrency.

As ABetterLambda is an automated service, requiring no intervention of a sales or tech employee, we expect users to not misuse our service and only use our service in an ethical and fair manner. We reserve the right to take down any link, at any time, for any reason in our sole and absolute discretion. We reserve the right to discontinue the warming of any URL that we believe violate our terms and conditions in any fashion.

REGISTRATION AND ACCOUNT

During the process of registration, the user will be requested to submit their contact details and information such as first and last name, email address, and will be asked to select a unique password for the account created. Your email address will be used as your username if and when requested to sign in or using the Service. We email all of our newly registered users a welcome email. This is done in order to verify their password and username. It is very important to make sure that when you submit your email address, that it is active and working. This will be the email address you receive email notifications from us, containing important notifications.

You agree to provide true, accurate, current and complete information about yourself as prompted by any online (registration) contained on the Website. If any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your account and refuse all current or future use of the Service at our sole discretion. When you register with us, you accept responsibility for all activities that occur under your account or password and you agree you will not sell, transfer or assign your membership or any membership rights.

You may update your account information. The Company may, at its sole discretion, terminate your account at any time without notice if it believes, in its sole and absolute discretion, that you have violated these Terms and Conditions.

PRIVACY

Privacy is important to us. We have a separate privacy policy that should be read. We use cookies on the Website to collect data about visitors. For information about how the Company and its affiliates collect, use and share your personal data and cookies, please read our Privacy Policy. By using the Service, you agree that we may use your personal data in accordance with our Privacy Policy.

By using the Service, you consent to the Company processing and transferring the user data as necessary for us to provide you with this service and enable you to use the Service. Such user’s information is used to execute an agreement with you as described in these Terms.

By providing any personal data for us you guarantee that it has been obtained legally and you have the right to use it, as described in our Privacy Policy.

FEES AND CHARGES

The Website is free of access to visitors. For registered users, we may charge a “Service Fee” for the Services that available on the Website. The Service Fee which is set individually depending on the volume of the Services provided to you.

At our sole discretion, we may provide you with a trial (free of charge) period of use of our Service, after which time continuation of the Service will require you to pay the Service Fee. If, for any reason, your payment is not received, your paid account will revert to a Free account until payment is received by us.

You can pay for our Service Fee by credit/debit card or using payment options provided on the Website. We use third-party payment platforms on the Website, and we do not store your credit card or payment services providers account data.

You are responsible for paying all fees and applicable taxes associated with our Services.

We rely on authorized third-party payment processors in order to bill you through a payment account linked to you, and henceforth you hereby authorize us to charge the pertinent fees through your indicated payment processing account. Sensitive financial details are stored only by our payment providers. We store only the card name, expiration, and last 4 digits only.

We will not be held responsible for any errors, fees or currency conversion fees by our payment processors, and you should review the applicable terms and policies from time to time, which will govern the provision of services to you.

Applicable Service Fees may change, but we will give you advance notice of any changes via email to the address associated with your account.

You are responsible for all applicable taxes, and we will charge taxes when required. Please note we provide commercial business services, and consumer protection laws will not apply in most instances.

Some jurisdictions have mandatory laws regarding your cancellation rights. Applicable provisions of the Terms do not supersede these laws.

Refunds are only issued if required by law. Once you begin to start warming your lambda function, you represent, acknowledge and agree to its performance, nature, quality, quantity, scope and merit, and thus you thereby waive any rights to withdraw once warming has started.

Upon the case where you paid for a content piece and said piece has been finished, but you failed to access the Website or your account for the next 14 days, for any reason, no statutory guarantee will apply after the 14-day cooling-off period.

To request a refund from us (if required by law), contact us via email info@abetterlambda.com with the following information:

  • Your full name;
  • Residency;
  • Reason for requesting a refund;
  • An email address which you specified during authorization;
  • The last four (4) digits of the credit card or payment services provider account used to make payment.

Any processed refunds will be credited to the card used for the original payment. This is to protect your security and prevent theft, loss, or fraud. Should you dishonestly apply to your bank, card issuer or payment services provider for a chargeback without first following our refund procedure, we may bring legal action against you to recover any resulting losses. We reserve the right to seek civil and criminal action for chargeback fraud, and any other fraudulent claim lodged with or against ABetterLambda.

PAYMENT DISPUTES & CHARGE-BACKS

You are responsible for all data submitted. It is your responsibility to see that data is correct and submitted in the proper format. Under no circumstances will a refund or credit be given where incorrect data was submitted.

You must provide us with valid and current billing information. If we detect any chargeback or if any payment is not received by us or our payment processors for any reason, your total balance will immediately be due and shall be paid to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.

A chargeback is typically caused when a customer disputes a charge that appears on their bank or payment processing statement. A charge-back may result in the reversal of a transaction, with the amount charged back to you. You can be assessed charge-backs for: (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with payment processor network rules or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by our payment processor or the institutions handling the transaction.

When a chargeback is issued, you are immediately liable to ABetterLambda for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment processor or the financial institutions handling the transaction). Accordingly, you hereby represent and warrant that you expressly appoint ABetterLambda as your agent, with full power to recover these amounts by debiting your account or setting off any amounts owed to you by us.

If we are unable to recover funds related to a charge-back for which you are liable, you will pay us the full amount of the chargeback immediately upon demand; thus you agree to pay all costs and expenses, including without limitation, costs assessed by our payment processor, legal fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid charge-backs from you.

INTELLECTUAL PROPERTY

ABetterLambda is the owner and retains all proprietary rights to the Site, the services provided by the Site, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. Copying, distributing, modifying, or creating derivative works of ABetterLambda’s Services without ABetterLambda’s written permission is strictly prohibited.

All content included on the Website and Service, such as text, graphics, logos, button icons, images, audio, video, digital downloads, data compilations, and software, is the property of ABetterLambda or its content providers and protected by local and international copyright and trademark laws.

The compilation of all content on the Website and Service is the exclusive property of the ABetterLambda and content suppliers and protected by the laws that apply in the countries we operate in and international copyright laws.

This Website and Service or any its parts may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ABetterLambda.

ABetterLambda’s trademarks and/or service marks may not be used in connection with any product or service that is not provided by ABetterLambda, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits ABetterLambda.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, audio, video, digital downloads, databases, or other media content, page layout) of ABetterLambda without express written consent.

You warrant that all Content uploaded by you, either from your own computer or another Site/server, is either created and owned by you, or you have the necessary licenses, rights and permissions to use the Content as you intend to use them and as contemplated by the Site and grant ABetterLambda the rights described herein.

All software used on the Website and Service is the property of ABetterLambda, its affiliates or its software suppliers and is protected by local and international copyright laws.

Nothing in these Terms grants you a right to use any ABetterLambda marks or other our intellectual property. Any unauthorised use terminates the permission or license granted by ABetterLambda.

FEEDBACK

From time to time, ABetterLambda may solicit from user or user may make, in its sole discretion, suggestions for changes, modifications or improvements to the Website and/or Service (“Feedback”). All Feedback shall be solely owned by the ABetterLambda (including all intellectual property rights therein and thereto) and shall also be ABetterLambda confidential information. The User shall and hereby makes all assignments necessary to achieve such ownership. The User hereby grants to ABetterLambda a non-exclusive and royalty free right and license to access, copy, process and use all information, data and other content provided by the User in connection with its authorised use of the Website and Service, including all data regarding users that is processed by the Website and Service, solely for the purpose of providing the Service, or as otherwise provided herein.

THIRD-PARTY WEBSITES AND CONTENT

From time to time, our Website and Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third-party websites (or their products and services). Please review the applicable terms and policies of such websites, including their privacy and data collection practices.

We may place ads and promotions from third-party sources in the Website. Accordingly, your participation or undertakings in promotions of third-parties other than ABetterLambda, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third-party. ABetterLambda is not responsible or liable for any loss or damages incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Website.

THIRD-PARTY LINKS

Our website and services can contain hyperlinks to other websites or services that are not in any of our control and therefore, will not be covered by any term of our Privacy Policy. Should you be accessing other websites using any links from the Website or Service, these websites can collect private information from your device which may be used in accordance with their privacy policy and privacy practice, which is different from ours.

USE RESTRICTIONS

Use of the Website and our services for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited.

Without limitations, you will not:

  • copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any rights in, or access to the Website and our services, or any other content available on Website
  • scrape, access, monitor, index, frame, link, or copy any content or information on the Website in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly-available portions of the Website and our services through any approved API
  • violate the restrictions in any robot exclusion headers of the Website, if any, or bypass or circumvent other measures employed to prevent or limit access to the Website
  • attempt to gain unauthorized access to the Website, other accounts, computer systems, or networks connected to the Website through hacking, password mining, phishing or any other means, obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or use any materials or information obtained through any means not internationally made available through the Website
  • modify our software, or any part thereof, in any form or manner, nor to use any modified versions of the Website, for any reason whatsoever, without the express written consent of ABetterLambda
  • circumvent or manipulate any applicable fee structure, billing process, or fees owed either to us or to our third-party providers
  • use the Website and/or Service for illegal purposes or for promotion of dangerous activities
  • violate any local, state, national or international law impersonate any person or entity, or otherwise mispresent your affiliation with a person or entity
  • interfere with or disrupt the Website, our services, or servers, or networks connected to either, or disobey any requirements, procedures, policies, or regulations of the Website
  • upload, post, email, transmit, distribute or otherwise make available any material that may harm us or the interests, information or property of users or limit the functionality of any software, hardware, or other equipment
  • circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copyright of any content or enforce limitations on use of the Website
  • use the Website and/or Service in any manner other than as permitted by these Terms or other legal agreements and terms.

ABetterLambda reserves the right, in its sole and absolute discretion, to remove any content, block access to the Website, and/or cancel the account of any user.

DISCLAIMER AND WARRANTIES

THE WEBSITE AND SERVICE IS MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT ABETTERLAMBDA HAVE NO OBLIGATION TO MONITOR, CONTROL, OR VET THE CONTENT OR DATA APPEARING ON THE WEBSITE. AS SUCH, YOUR USE OF THE WEBSITE AND/OR SERVICE IS AT YOUR OWN RISK. ABETTERLAMBDA MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITE AND SERVICE AND EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRIGEMENT.

In no event shall ABetterLambda, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of the Site or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not ABetterLambda, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.

No information, advice, or instructions obtained by you from the Website and/or Service shall create any warranty not directly stated in these Terms. Any dilemma arising as a result of following such advice or instructions suggested or offered on the Website and/or Service does not give you the right to hold ABetterLambda accountable. If this rule contradicts your perception of further use of the Service, you may cease using it any time.

The information available on the Website and/or Service is not meant to be a substitute for any financial, legal, medical, health, or business advice. The rights of ABetterLambda under these Terms may not be alerted unless ABetterLambda agrees to such change in writing, which only then shall be a binding format of change.

We are not responsible for the legality of the origin of the personal data you have provided with us. You agree to indemnify the Company for all losses incurred by the Company in connection with claims, suits and fines imposed by the competent personal data protection authorities, including expenses for consultants and attorneys.

INDEMNIFICATION

You agree to indemnify and hold ABetterLambda, and each of its respective parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Site or Services, (b) the viewing of your content or video, (c) the violation of laws, rules, regulations or terms of this Agreement, (d) your failure to comply with ABetterLambda’s Terms and Conditions or other terms of any open source licenses, if applicable,(e) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity, (f) inability to access the Site or Services. ABetterLambda reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ABetterLambda in asserting any available defenses.

LIMITATION OF LIABILITY

YOUR EXCLUSIVE REMEDY AND ABTTERLAMBDA’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THE SERVICES, SHALL BE LIMITED TO THE AMOUNT YOU PAID ABETTERLAMBDA, IF ANY, DURING THE SIX-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY (OR, IF NO SUCH AMOUNT WAS PAID, $1.00 USD).

IN NO EVENT SHALL ABETTERLAMBDA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

GOVERNING LAW AND DISPUTES

These Terms shall be governed by and constructed in accordance with the laws of the Kingdom of Belgium, without regard to its conflicts of law provisions. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any implementation of the Uniform Computer Information Transactions Act in any jurisdiction shall apply to these Terms. In any action or proceeding arising out of or relating to these Terms, the prevailing party will be entitled to receive in addition to all other damages to which it may be entitled, its costs and expenses (including reasonable attorney’s fees) incurred by such party in connection with such action or proceeding.

You agree that (i) no arbitration proceeding hereunder whether a CONSUMER DISPUTE or a BUSINESS DISPUTE shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or Persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. YOU AGREE TO ARBITRATE A CONSUMER DISPUTE OR BUSINESS DISPUTE ON AN INDIVIDUAL BASIS AND WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

We and you irrevocably and unconditionally waive any right it may have to trial by jury in respect of any legal action arising out of or relating to these Terms or the transactions contemplated hereby.

GENERAL TERMS

Assignment. These Terms will inure to the benefit of any successors of the parties. We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest. Any rights not expressly granted herein are thereby reserved. These terms will inure to the benefit of any successors of the parties. We reserve the right, at any time, to transfer some or all of ABetterLambda’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Force Majeure. ABetterLambda shall not be liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond our reasonable control, including but not limiting to, electrical, mechanical, or Internet failure.

No Embargo. You hereby represent and warrant that: (i) you are not located in a country that is subject to an international government’s embargo, or that has been designated by any nation’s government as a “terrorist supporting” country; and (ii) you are not listed on any government’s list of prohibited or restricted parties or activities.

Taxes. You are responsible for complying with all tax obligations associated with your account. It is important that you keep complete and accurate contact details in order for us to remit invoices, especially VAT payment processing account details.

Severability. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Entire Agreement. These Terms, together with our Privacy Policy and any other notices or policies we have published on the Website (and additional terms for specific features or areas, as applicable), constitute the entire agreement between you and us.

Waiver. No waiver of any term of these Terms will be binding unless in writing, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of ABetterLambda to exercise or enforce any right or remedy in these Terms does not waive that right or remedy.

Notices. All communications and notices made or given pursuant to these Terms must be in English.

No Relationship. The parties shall be independent contractors under these Terms, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint ventures or partners for any purpose.

Amendments. ABetterLambda reserves the right to modify, alter or otherwise update these Terms by posting such change to the Website at least thirty days prior to the effective date. The User is encouraged to review these Terms from time to time. Your continued use of the Website and/or Services following the posting of changes will constitute your acceptance of any and all posted changes.

CONTACT US

If you have any questions regarding to these Terms, please contact us by email at info@abetterlambda.com or send us a mail at Blue Marketing, Frodervenn 28, 4780 Sankt-Vith, Belgium.