Last updated: Feb 1, 2025
These Atlasnova AI Terms of Service (these “Terms of Service”) apply to businesses’ access to and use of the Atlasnova AI SaaS Services. These Terms of Service, together with the order or online registration and subscription selection form referencing these Terms of Service (the “Order Form”) (collectively, the “Agreement”), form a binding legal agreement between the corporate entity you represent in agreeing to the Agreement (“Customer”) and Atlasnova AI. Any terms not defined in these Terms of Service have the definition assigned to them in the Order Form.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING “I ACCEPT,” “SIGN UP FOR FREE,” (OR OTHER SIMILAR LANGUAGE) OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE ATLASNOVA AI SAAS SERVICES, CUSTOMER AGREES THAT CUSTOMER HAS READ AND UNDERSTOOD, AND, AS A CONDITION TO CUSTOMER’S USE OF AND ACCESS TO THE ATLASNOVA AI SAAS SERVICES, IS BOUND BY, THE AGREEMENT, INCLUDING ATLASNOVA AI’S PRIVACY POLICY https://www.atlasnova.ai/data-privacy AS AMENDED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 15(p). If Customer is not eligible, or does not agree to the Terms, then Customer does not have our permission to access or use the Atlasnova AI SaaS Services. CUSTOMER’S USE OF THE ATLASNOVA AI SAAS SERVICES, AND ATLASNOVA AI’S PROVISION OF THE ATLASNOVA AI SAAS SERVICES TO CUSTOMER, CONSTITUTES AN AGREEMENT BY ATLASNOVA AI AND BY CUSTOMER TO BE BOUND BY THE AGREEMENT.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 15, Customer agrees that disputes arising under the Agreement will be resolved by binding, individual arbitration, and BY ACCEPTING THE AGREEMENT, CUSTOMER AND ATLASNOVA AI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Capitalized terms used but not defined in these Terms of Service have the meanings set forth elsewhere in the Agreement.
a. “Atlasnova AI SaaS Services” means the services through which AtlasNova AI hosts and makes available the AtlasNova AI solution for employee scheduling, communications, and management to the extent set forth on the applicable Order Form. The term “Atlasnova AI SaaS Services” includes, to the extent set forth on the applicable Order Form, the AtlasNova AI Software and Support Services.
b. “Atlasnova AI Software” means AtlasNova AI’s application products made available under the names AtlasNova AI, and any updates provided as part of the AtlasNova AI SaaS Services.
c. “Customer Data” means any data, information, content, records, and files that Customer load, transmit to, or enter into the AtlasNova AI SaaS Services, including Personal Data. “Customer Data” includes any data, information, content, records, or files that AtlasNova AI is provided access to through an integration with a third party authorized by Users.
d. “Modifications” means modifications, improvements, customizations, patches, bug fixes, updates, enhancements, aggregations, compilations, derivative works, translations, and adaptations, and “Modify” has a corresponding meaning.
e. “Parties” refer to AtlasNova AI and Customer and “Party” refers to each of AtlasNova AI and Customer.
f. “Personal Data” means information about an identifiable individual.
g. “Website” means any websites used by AtlasNova AI to provide the AtlasNova AI SaaS Services, including the websites located at www.atlasnova.ai and app.atlasnova.ai.
a. General. The Agreement sets forth the terms and conditions under which Atlasnova AI makes available the Atlasnova AI SaaS Services. These Terms of Service do not, absent the execution of an Order Form, create any business relationship or impose any obligation on Atlasnova AI to provide any license, access, product, or service.
b. Provisioning of the Atlasnova AI SaaS Services. Subject to Customer’s compliance with the terms and conditions of the Agreement, Atlasnova AI will make the Atlasnova AI SaaS Services available to Customer on the terms and conditions set out in the Agreement during the Term (defined below). Customer is responsible for identifying and authenticating all Organizational Users, for ensuring only Organizational Users access and use the Atlasnova AI SaaS Services, and for Organizational Users’ compliance with the Agreement.
c. License to the Atlasnova AI Software. Subject to Customer’s and its Organizational Users’ compliance with the terms and conditions of the Agreement, Atlasnova AI grants to Customer a non-exclusive, non-transferable, and limited license to install, operate and use the Atlasnova AI Software in accordance with the Agreement during the Term. Customer’s use of the Atlasnova AI Software will be subject to any limitations described in the Agreement, in the documentation accompanying the Atlasnova AI Software, or as otherwise agreed in writing by the Parties.
d. Limits. Atlasnova AI reserves the right to impose reasonable limits on bandwidth usage as part of the Atlasnova AI SaaS Services. Atlasnova AI will determine these limits based on usage volumes for normal use of the Atlasnova AI SaaS Services for their intended purposes. If Customer exceeds such limits, Atlasnova AI may charge Customer reasonable additional fees, suspend access to the Atlasnova AI SaaS Services, and throttle Customer’s account until bandwidth consumption is reduced to the reasonable limits.
e. Restrictions of Use. Customer is responsible for the compliance by all Organizational Users with the Agreement, any guidelines and policies published by Atlasnova AI from time to time, and the activities of all Organizational Users on the Atlasnova AI SaaS Services. Without limiting the generality of any of the foregoing, Customer will not itself, and will not permit others to:
f. Suspension of Access; Scheduled Downtime; Modifications. Atlasnova AI may from time to time, in its discretion, suspend Customer’s access to or use of the Atlasnova AI SaaS Services:
Atlasnova AI reserves the right to make any Modifications or discontinue all or any portion of the Atlasnova AI SaaS Services at any time (including by limiting or discontinuing certain features of the Atlasnova AI SaaS Service), temporarily or permanently, without notice to Customer. Atlasnova AI will have no liability for any change to the Atlasnova AI SaaS Services, including any paid-for functionalities of the Atlasnova AI SaaS Services, or any suspension or termination of Customer’s access to or use of the Atlasnova AI SaaS Services.
g. Subcontracting. Atlasnova AI may engage third parties to provide the Atlasnova AI SaaS Services.
a. Except as expressly set forth in the Agreement, nothing in the Agreement assigns or grants to Atlasnova AI or any third party any right, title or interest including any intellectual property rights in or to Customer Data. Customer grants to Atlasnova AI a nonexclusive, worldwide, royalty-free, irrevocable, fully paid-up right to access, use, process, store, collect, disclose, and transmit Customer Data during the Term to: (i) provide the Atlasnova AI SaaS Services, including sharing Customer Data with its third-party sub-contractors in connection with such third-party subcontractors providing the Atlasnova AI SaaS Services or other services to Atlasnova AI; (ii) improve and enhance the Atlasnova AI SaaS Services and for other Atlasnova AI offerings; and (iii) produce data, information or other materials that are not identified as relating to a particular individual or Customer (such data, information and materials, the “Aggregated Data”). Atlasnova AI and/or its third party service providers may use Aggregated Data for any purpose and without restriction or obligation to Customer or any third party.
b. Atlasnova AI may facilitate and Organizational Users may create and maintain individual accounts to use the Atlasnova AI SaaS Services apart from Customer User Accounts (defined below) (each an “Individual Account”). Customer hereby grants Atlasnova AI a nonexclusive, worldwide, royalty-free, sublicensable (to Organizational Users), irrevocable, fully paid-up right to access, use, process, store, collect, disclose, and transmit Customer Data that constitutes Employment Information to maintain such Individual Accounts.
c. Atlasnova AI or its licensors retain all ownership and intellectual property rights in and to: (i) the Atlasnova AI SaaS Services; (ii) anything developed or delivered by or on behalf of Atlasnova AI under the Agreement; and (iii) any Modifications to the foregoing (i) and (ii).
d. All rights not expressly granted by Atlasnova AI to Customer under the Agreement are reserved.
Subject to the terms and conditions of the Agreement, each Party hereby grants to the other Party a non-exclusive, royalty-free, fully paid-up, non-transferable, non-sublicensable, and revocable license to use and display its trademarks, service marks, tradenames, or logos, in accordance with such Party’s branding guidelines, in the other Party’s advertising, marketing, and promotional materials solely to identify the other Party as a client or vendor.
Atlasnova AI may use any suggestions, comments or other feedback relating to any aspect of the Websites, Atlasnova AI SaaS Services, or the Atlasnova AI Software (“Feedback”), in or to improve the Website, the Atlasnova AI SaaS Services or in any other Atlasnova AI products or services (collectively, “Atlasnova AI Offerings”). Accordingly, Customer agrees that:
Customer understands that Personal Data, including the Personal Data of Organizational Users, will be treated in accordance with AtlasNova AI’s privacy policy located at https://www.atlasnova.ai/data-privacy. If Customer Data includes personal data of individuals located outside the United States in the future, Customer agrees to notify AtlasNova AI, and additional data protection agreements may apply to ensure compliance with applicable international privacy laws.
a. Accounts. Upon Customer’s request, Atlasnova AI will issue one or more accounts (each, a “Customer User Account”) to Customer for use by one or more Organizational Users and designate one or more Customer User Accounts as administrator accounts that provides Customer with the capability to administer, maintain, and manage certain features of the Atlasnova AI SaaS Services (such account, an “Administrator Account”). Customer must provide Atlasnova AI with the identity of the individual who will act as the administrator of the Customer User Account. Customer will ensure that Organizational Users only use the Atlasnova AI SaaS Services through a Customer User Account. Customer will not allow any Organizational Users to share a Customer User Account with any other person.
b. Authentication. Customer is responsible for identifying and authenticating all Organizational Users and for Organizational Users’ use of the Atlasnova AI SaaS Services in compliance with the Agreement.
c. Unauthorized Use. Customer will promptly notify Atlasnova AI of any actual or suspected unauthorized use of the Atlasnova AI SaaS Services. Atlasnova AI reserves the right to suspend, deactivate, or replace a Customer User Account if it determines that such Customer User Account may have been used for an unauthorized purpose. Customer will ensure that all individual users of the Atlasnova AI SaaS Services, including Organizational Users, are contractually bound to Atlasnova AI’s end user Terms of Use.
d. User Content Generally. Certain features of the Atlasnova AI SaaS Services may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Atlasnova AI SaaS Services, including messages, reviews, photos, video, or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, folders, data, text, “User Content” may hold in the User Content that Customer Posts to the Atlasnova AI SaaS Services, subject to the licenses granted in these Terms of Service.
e. Limited License Grant to Atlasnova AI. By Posting User Content to or via the Atlasnova AI SaaS Services, Customer hereby grants Atlasnova AI a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms of Service, and distribute User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed.
f. Customer Must Have Rights to the Content Customer Posts; User Content Representations and Warranties. Customer must not Post User Content if Customer is not the owner of or not fully authorized to grant rights in all of the elements of that User Content. Atlasnova AI disclaims any and all liability in connection with User Content. Customer is solely responsible for User Content and the consequences of providing User Content via the Atlasnova AI SaaS Services. By providing User Content via the Atlasnova AI SaaS Services, Customer affirm, represent, and warrant to us that:
g. User Content Disclaimer. We are under no obligation to edit or control User Content that Customer or other users Post and will not be in any way responsible or liable for User Content. Atlasnova AI may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms of Service, is alleged to violate the rights of third parties, or is otherwise objectionable. If notified by a user or content owner that User Content allegedly does not conform to these Terms of Service, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Atlasnova AI does not permit infringing activities on the Atlasnova AI SaaS Services.
h. Monitoring Content. Atlasnova AI reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Atlasnova AI SaaS Services for operational and other purposes. If at any time Atlasnova AI chooses to monitor the content, then Atlasnova AI still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. Atlasnova AI may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Atlasnova AI SaaS Services without any liability to the user who Posted such User Content to the Atlasnova AI SaaS Services or to any other users of the Atlasnova AI SaaS Services.
Customer will generally have access to Atlasnova AI’s technical support services (“Support Services”) from 9:00 AM PT to 5:00 PM PT on Monday – Saturday through email: info@atlasnova.ai. Atlasnova AI reserves the right to modify the availability of Support Services from time-to-time in the regular course of business.
a. General Updates to Atlasnova AI Software. Atlasnova AI may, in its sole discretion, include the provision of updates, upgrades, bug fixes, patches, and other error corrections as Atlasnova AI makes generally available to other licensees of the Atlasnova AI Software (collectively, the “Updates”). All Updates will be deemed to be “Atlasnova AI Software” and subject to the terms and conditions of the Agreement. Customer is required to accept all Updates made by or on behalf of Atlasnova AI to the Atlasnova AI Software. If Customer does not wish to install the Updates, it should not license the Atlasnova AI Software. Atlasnova AI may require that Customer accept and install Updates to the Atlasnova AI Software as a condition to the licenses granted in the Agreement. Except for any automatic Updates provided by Atlasnova AI pursuant to Section 9(c) below, Atlasnova AI will provide Customer with prior notice of such Updates. Upon such notice, Customer will, through its Administrator Accounts, install such Updates promptly following receipt of such Update from Atlasnova AI.
b. Automatic Updates to Atlasnova AI Software. The Atlasnova AI Software may automatically communicate with Atlasnova AI’s servers or the Atlasnova AI SaaS Services to permit the Atlasnova AI Software to perform in accordance with its specifications, to record and collect Customer Data and to receive Updates. The Updates may be automatically installed without providing any additional notice or receiving any additional consent. Customer consents to these automatic Updates.
c. Third-Party Material. The Atlasnova AI Software may provide links or access to third-party content, websites, services, or systems, which may be relevant to Customer’s use of the Atlasnova AI SaaS Services. Atlasnova AI does not endorse any third-party content, websites, services, or systems, or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third-party content, websites, services, or systems are not under the control of Atlasnova AI, and if Customer chooses to access any such content, websites, services, or systems, Customer does so entirely at its own risk. Customer acknowledges that it may be required to accept terms and conditions applicable to third-party content, websites, services, or systems. Such terms may supplement or, to the extent permitted by applicable law, supersede the terms in the Agreement with respect to the use of such third-party content, websites, services, or systems, and Customer agrees to review and comply with any such terms and conditions as applicable.
a. Fees. Customer will pay to Atlasnova AI the applicable fees described in the applicable Order Form (the “Fees”) during the Term in accordance with the payment terms set out herein and in the applicable Order Form.
b. Change Fees. Atlasnova AI reserves the right to change the Fees and institute new charges upon providing not less than 30 days prior notice to Customer. Such notice may be provided at any time by posting the changes to www.atlasnova.ai or through the Atlasnova AI SaaS Services. Without limiting the foregoing, Atlasnova AI may increase the Fees annually, without notice, for inflation based on changes to the CPI Index as compared to CPI Index for immediately preceding calendar year. The term “CPI Index” means the Consumer Price Index for the United States as published in the U.S. Bureau of Labor Statistics’ CPI Inflation Calculator or a similar replacement price index should that Inflation Calculator be discontinued in its present form.
c. Invoicing. All Fees are due and payable in advance. Atlasnova AI will prepare and send to Customer, at the then-current contact information on file with Atlasnova AI, an invoice for any Fees that are due. Unless otherwise expressly stipulated in an invoice, Customer will pay all invoiced amounts in advance on either a monthly or annual basis and Fees are non-refundable. For greater certainty, if Customer has subscribed to an ongoing subscription, then such subscription will automatically renew at its expiry for the same period of time, at the then-current subscription rate described on the Website, and Atlasnova AI will invoice or charge Customer on a recurring basis.
d. Disputed Invoices or Charges. If Customer believes Atlasnova AI has charged or invoiced Customer incorrectly, Customer must contact Atlasnova AI no later than 45 days after having been charged by Atlasnova AI or receiving such invoice in which the error or problem appeared in order to request an adjustment or credit. In the event of a dispute, Customer will pay any undisputed amounts in accordance with the payment terms herein, and the parties will discuss the disputed amounts in good faith in order to resolve the dispute.
e. Late Payment. Customer may not withhold or setoff any amounts due under the Agreement. Atlasnova AI reserves the right to suspend Customer’s access to the Atlasnova AI SaaS Services until all due and undisputed amounts are paid in full. Any late payment will be increased by the costs of collection (if any) and will incur interest at the rate of 1.5% compounded monthly (19.56% annually), or the maximum legal rate (if less), plus all expenses of collection, until fully paid.
f. Taxes. The Fees do not include applicable sales, use, gross receipts, value-added, personal property, or other taxes, duties, tariffs, assessments, export and import fees, or similar charges (including interest and penalties imposed thereon) applicable to Customer’s jurisdiction. Customer will be responsible for and pay all such applicable taxes and charges on the transactions contemplated in connection with the Agreement, other than taxes based on the net income or profits of Atlasnova AI. If Atlasnova AI has the legal obligation to pay or collect taxes for which Customer is responsible, Atlasnova AI will invoice Customer, and Customer will pay that amount unless Customer provides Atlasnova AI with a valid tax exemption certificate authorized by the appropriate taxing authority.
g. Suspension. Any suspension of the Atlasnova AI SaaS Services by Atlasnova AI pursuant to the terms of the Agreement will not excuse Customer from its obligation to make payments under the Agreement.
h. Third-party Marketplaces. Customer agrees and acknowledges that in the event Customer pays for Atlasnova AI SaaS Services through third-party marketplaces (e.g., Clover or ADP), (i) Customer shall also be subject to the terms and conditions set forth by those parties; (ii) Atlasnova AI will not provide refunds or credits in any circumstances; and (iii) Customer is solely responsible for managing its payments to Atlasnova AI through the third-party marketplace and Atlasnova AI will not be liable for Customer’s use of those marketplaces or the enforcement of such third parties’ policies.
a. Definitions. For the purposes of the Agreement, a Party receiving Confidential Information (as defined below) will be the “Recipient”, the Party disclosing such information will be the “Discloser.” “Confidential Information” of Discloser means any and all information of Discloser or any of its licensors that has or will come into the possession or knowledge of the Recipient in connection with or as a result of entering into the Agreement, including information concerning the Discloser’s past, present or future customers, suppliers, technology or business, and where Discloser is Customer includes Customer Data; provided that Discloser’s Confidential Information does not include, except with respect to Personal Data: (i) information already known or independently developed by Recipient without access to Discloser’s Confidential Information; (ii) information that is publicly available through no wrongful act of Recipient; or (iii) information received by Recipient from a third party who was free to disclose it without confidentiality obligations.
b. Confidentiality Covenants. Recipient hereby agrees that during the Term and at all times thereafter it will not, except to exercise its license rights or perform its obligations under the Agreement: (i) disclose Confidential Information of the Discloser to any person, except to its own personnel or affiliates having a “need to know” and that have entered into written agreements no less protective of such Confidential Information than the Agreement, and to such other Recipients as the Discloser may approve in writing; (ii) use Confidential Information of the Discloser; or (iii) alter or remove from any Confidential Information of the Discloser any proprietary legend. Each Party will take industry standard precautions to safeguard the other Party’s Confidential Information, which will in any event be at least as stringent as the precautions that the Recipient takes to protect its own Confidential Information of a similar type.
c. Exceptions to Confidentiality. Notwithstanding Section 11(b), Recipient may disclose Discloser’s Confidential Information: (i) to the extent that such disclosure is required by applicable law or by the order of a court or similar judicial or administrative body, provided that, except to the extent prohibited by law, the Recipient promptly notifies the Discloser in writing of such required disclosure and cooperates with the Discloser to seek an appropriate protective order; (ii) to its legal counsel and other professional advisors if and to the extent such persons need to know such Confidential Information in order to provide applicable professional advisory services in connection with the Party’s business; or (iii) in the case of Atlasnova AI as Recipient, to potential assignees, acquirers or successors of Atlasnova AI if and to the extent such persons need to know such Confidential Information in connection with a potential sale, merger, amalgamation or other corporate transaction involving the business or assets of Atlasnova AI.
a. Customer Warranty. Customer represents and warrants to, and covenants with Atlasnova AI that, Customer Data will only contain Personal Data in respect of which Customer has provided all notices and disclosures, obtained all applicable third-party consents and permissions, and otherwise has all authority, in each case as required by the laws applicable to Customer’s jurisdiction, to enable Atlasnova AI to provide the Atlasnova AI SaaS Services, including with respect to the collection, storage, access, use, disclosure, processing, and transmission of Personal Data, including by or to Atlasnova AI and to or from all applicable third parties.
b. No Advice. As part of the Atlasnova AI SaaS Services, Atlasnova AI may offer notifications to Organizational Users related to compliance with labor laws applicable to Customer’s jurisdiction (for example, calculations of overtime or shift scheduling). These notifications are for informational purposes only and do not constitute legal or professional advice. Customer expressly agrees that Customer is solely responsible for compliance with all labor laws and regulations applicable to its operations.
c. GENERAL DISCLAIMER. ATLASNOVA AI DOES NOT WARRANT THAT THE ATLASNOVA AI SAAS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ALL ERRORS CAN OR WILL BE CORRECTED NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ATLASNOVA AI SAAS SERVICES. EXCEPT AS SPECIFICALLY PROVIDED IN THE AGREEMENT, THE ATLASNOVA AI SAAS SERVICES (OR ANY PART THEREOF), AND ANY OTHER PRODUCTS AND SERVICES PROVIDED BY ATLASNOVA AI TO CUSTOMER ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM THE ATLASNOVA AI SAAS SERVICES OR ATLASNOVA AI OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE ATLASNOVA AI SAAS SERVICES WILL CREATE ANY WARRANTY REGARDING ATLASNOVA AI OR THE ATLASNOVA AI SAAS SERVICES THAT IS NOT EXPRESSLY STATED IN THE AGREEMENT. ATLASNOVA AI IS NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE ATLASNOVA AI SAAS SERVICES AND CUSTOMER DEALING WITH ANY OTHER USER OF ANY ATLASNOVA AI SAAS SERVICES. CUSTOMER USES ANY PORTION OF THE SERVICE AT CUSTOMER’S OWN DISCRETION AND RISK AND ATLASNOVA AI IS NOT RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S PROPERTY (INCLUDING CUSTOMER’S COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE ATLASNOVA AI SAAS SERVICE) OR ANY LOSS OF DATA. ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY LICENSED THIRD-PARTY TECHNOLOGY IS STRICTLY BETWEEN CUSTOMER AND THE THIRD PARTY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ATLASNOVA AI HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, COLLATERAL OR STATUTORY WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, NON-INFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, ATLASNOVA AI EXPRESSLY DISCLAIMS ANY REPRESENTATION, CONDITION OR WARRANTY THAT ANY DATA OR INFORMATION PROVIDED TO CUSTOMER IN CONNECTION WITH CUSTOMER’S USE OF THE ATLASNOVA AI SAAS SERVICES (OR ANY PART THEREOF) IS ACCURATE, OR CAN OR SHOULD BE RELIED UPON BY CUSTOMER FOR ANY PURPOSE WHATSOEVER.
d. Indemnity. Customer will defend, indemnify and hold harmless Atlasnova AI, its employees, officers, directors, affiliates, agents, contractors, successors, and assigns against any and all third-party (including Organizational Users) claims (including damages, recoveries, deficiencies, interest, penalties, and legal fees), directly or indirectly arising from or in connection with: (i) Customer Data; (ii) Customer’s breach of any of Customer’s obligations, representations, warranties or covenants under the Agreement; (iii) use of the Atlasnova AI SaaS Services (or any part thereof) by Customer or any Organizational User in combination with any third-party software, application or service; or (iv) use of the Atlasnova AI SaaS Services in relation to compliance with applicable labour laws. Customer will fully cooperate with Atlasnova AI in the defense of any claim defended by Customer pursuant to its indemnification obligations under the Agreement and will not settle any such claim without the prior written consent of Atlasnova AI.
The parties acknowledge that the following provisions have been negotiated by them and reflect a fair allocation of risk and form an essential basis of the bargain and will survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy:
a. AMOUNT. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF ATLASNOVA AI IN CONNECTION WITH OR UNDER THE AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER FOR THE ATLASNOVA AI SERVICES IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THE AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT. IN NO EVENT WILL ATLASNOVA AI’S THIRD-PARTY SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THE AGREEMENT.
b. TYPE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ATLASNOVA AI BE LIABLE TO CUSTOMER OR ANY USER FOR ANY: (i) SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (ii) LOST OR LOSS OF (A) SAVINGS, (B) PROFIT, (C) DATA, (D) USE, OR (E) GOODWILL; (iii) BUSINESS INTERRUPTION; (iv) COSTS FOR THE PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (v) PERSONAL INJURY OR DEATH; OR (vi) PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED TO THE AGREEMENT, REGARDLESS OF CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, AND EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITIES OF SUCH DAMAGES.
c. EACH PROVISION OF THE AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THE AGREEMENT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF SERVICE. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
a. Term. Unless terminated earlier in accordance with the Agreement, the Agreement is effective as of the effective date specified in the Order Form and will remain in effect for the Initial Term and any Renewal Terms specified in the Order Form (collectively, the “Term”).
b. Termination for Cause. Either Party may, in addition to other relief, terminate the Agreement if the other Party commits a material breach of the Agreement and fails within 15 calendar days after receipt of notice of such breach to correct such material breach. In addition, Atlasnova AI may terminate the Agreement immediately upon notice to Customer in the event Customer is in violation of Section 2 of the Agreement.
c. Effect of Termination. Upon termination of the Agreement, Customer will immediately cease accessing or using the Atlasnova AI SaaS Services.
d. Survival. The following Sections, together with any other provision of the Agreement which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of the Agreement, will survive expiration or termination of the Agreement for any reason: Section 3 (Data; Intellectual Property), Section 4 (Trademark License), Section 6 (Privacy), Section 10 (Fees and Payment), Section 11 (Confidential Information), Section 12 (Warranty; Disclaimer; Indemnity), Section 13 (Limitation of Liabilities), Section 14(d) (Survival), and Section 15 (General Provisions).
a. Notices. Notices must be sent to: info@atlasnova.ai
Atlasnova AI may change its contact information by posting the new contact information on the Website or by giving notice thereof to Customer. Customer is solely responsible for keeping its contact information on file with Atlasnova AI current at all times during the Term.
b. Assignment. Customer will not assign the Agreement to any third party without Atlasnova AI’s prior written consent. Atlasnova AI may assign the Agreement or any rights under the Agreement to any third party without Customer’s consent. The Agreement will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
c. Governing Law. The Agreement and any action related thereto will be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles. The U.N. Convention on Contracts for the International Sale of Goods will not apply to the Agreement. Customer and Atlasnova AI submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California for resolution of any lawsuit or court proceeding permitted under the Agreement.
d. Dispute Resolution.
e. Export Restrictions. Customer will comply with all applicable U.S. export laws and regulations, as well as any other applicable export laws, that may apply to its access to or use of the Atlasnova AI SaaS Services.
f. Consent to Electronic Communications. By using the Atlasnova AI SaaS Services, Customer consents to receiving certain electronic communications from Atlasnova AI as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. Customer agrees that any notices, agreements, disclosures, or other communications that Atlasnova AI sends to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
g. No Support. Atlasnova AI is under no obligation to provide support for the Atlasnova AI SaaS Services. In instances where we may offer support, the support will be subject to published policies.
h. Construction. Except as otherwise provided in the Agreement, the parties’ rights and remedies under the Agreement are cumulative and are in addition to, and not in substitution for, any other rights and remedies available at law or in equity or otherwise. The terms “include” and “including” mean, respectively, “include without limitation” and “including without limitation.” The headings of sections of the Agreement are for reference purposes only and have no substantive effect. The terms “consent” or “discretion” mean the right of a Party to withhold such consent or exercise such discretion, as applicable, arbitrarily and without any implied obligation to act reasonably or explain its decision to the other Party.
i. Force Majeure. Neither Party will be liable for delays caused by any event or circumstances beyond that Party’s reasonable control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving that Party’s employees), Internet service failures or delays, or the unavailability or Modification by third parties of telecommunications or hosting infrastructure or third-party websites (“Force Majeure”).
j. Severability. Any provision of the Agreement found by a tribunal or court of competent jurisdiction to be invalid, illegal, or unenforceable will be severed from the Agreement and all other provisions of the Agreement will remain in full force and effect.
k. Waiver. A waiver of any provision of the Agreement must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
l. Additional Terms. Customer’s use of the Atlasnova AI SaaS Services is subject to all additional terms, policies, rules, or guidelines applicable to the Atlasnova AI SaaS Services or certain features of the Atlasnova AI SaaS Services that Atlasnova AI may post on or link to from the Atlasnova AI SaaS Services (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, the Agreement.
m. Independent Contractors. Atlasnova AI’s relationship to Customer is that of an independent contractor, and neither Party is an agent or partner of the other. Neither Party will have, and neither Party will represent to any third party that it has, any authority to act on behalf of the other Party.
n. Entire Agreement. The Agreement constitutes the entire agreement between the parties with respect to the subject matter of the Agreement and supersedes all prior or contemporaneous agreements, representations, or other communications, whether oral or written. If there is a conflict or inconsistency between any of the terms of the Agreement, including the Order Form and the Terms of Service, then the conflict or inconsistency will be resolved by giving those terms the following order of descending precedence: (a) the Order Form; and (b) the Terms of Service.
o. Amendments. Subject to the following sentence, no amendment, supplement, modification, waiver, or termination of the Agreement and, unless otherwise expressly specified in the Agreement, no consent or approval by any Party, will be binding unless executed in writing by the Party or parties to be bound thereby. NOTWITHSTANDING THE PRECEDING SENTENCE, ATLASNOVA AI MAY UNILATERALLY AMEND THESE TERMS OF SERVICE, IN WHOLE OR IN PART (EACH, AN “AMENDMENT”), BY: (i) GIVING CUSTOMER NOTICE OF SUCH AMENDMENT; OR (ii) POSTING NOTICE OF SUCH AMENDMENT ON THE WEBSITE. UNLESS OTHERWISE INDICATED BY ATLASNOVA AI, ANY SUCH AMENDMENT WILL BECOME EFFECTIVE AS OF THE DATE THE NOTICE OF SUCH AMENDMENT IS PROVIDED TO CUSTOMER OR IS POSTED ON THE WEBSITE (WHICHEVER IS THE EARLIER).
p. English Language. The Agreement and all related documents are drawn up in English.
q. International Use. The Atlasnova AI SaaS Services are intended for customers worldwide, subject to compliance with all applicable laws. Atlasnova AI makes no representation that the Atlasnova AI SaaS Services are appropriate or available for use in every country or territory. Access to the Atlasnova AI SaaS Services from countries or territories where such access is illegal is prohibited. Customers are responsible for ensuring their use of the Atlasnova AI SaaS Services complies with all applicable local laws and regulations.
r. Notice Regarding Apple. This Section only applies to the extent Customer is using our mobile application on an iOS device. Customer acknowledges that these Terms of Service are between Customer and Atlasnova AI only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Atlasnova AI SaaS Services or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Atlasnova AI SaaS Services. If the Atlasnova AI SaaS Services fails to conform to any applicable warranty, Customer may notify Apple, and Apple will refund any applicable purchase price for the mobile application to Customer. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Atlasnova AI SaaS Services. Apple is not responsible for addressing any claims by Customer or any third party relating to the Atlasnova AI SaaS Services or Customer’s possession and/or use of the Atlasnova AI SaaS Services, including: (i) product liability claims; (ii) any claim that the Atlasnova AI SaaS Services fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Atlasnova AI SaaS Services and/or Customer’s possession and use of the Atlasnova AI SaaS Services infringe a third party’s intellectual property rights. Customer agrees to comply with any applicable third-party terms when using the Atlasnova AI SaaS Services. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service, and upon Customer’s acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against Customer as a third-party beneficiary of these Terms of Service. Customer hereby represents and warrants that: (i) Customer is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) Customer is not listed on any U.S. Government list of prohibited or restricted parties.
Last updated: Feb 1, 2025
The following terms of use (the “Terms of Use”) govern your access to and use of the software and services we make available that reference these terms including our mobile applications and our websites at www.atlasnova.ai along with our related websites, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively, the “Services”). These Terms of Use form an agreement between you and Atlasnova AI. The term “you” refers to the person browsing, installing, downloading, accessing, or otherwise using the Services (“use” or “using” in these Terms of Use will mean any of the foregoing).
You may be an individual user of the Services or may be using the services on behalf of an organization or other third party that we refer to in these Terms of Use as “Customer”. In the event you are using the Services on behalf of a Customer, you acknowledge that such Customer has separately agreed to Terms of Service or has entered into an agreement (each, the “Contract”) that permits Customer to access, and provide its personnel with access, to the Services (each individual granted access to the Services, including you, is an “Organizational User”). The Contract contains our commitment to deliver the Services to Customer, who may then obtain user accounts for each individual Organizational User.
BY USING THE SERVICES, YOU: (A) REPRESENT AND WARRANT THAT (I) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS OR IF YOU ARE UNDER THE AGE OF MAJORITY HAVE THE AGREEMENT FROM YOUR LEGAL GUARDIAN TO ENTER INTO THIS AGREEMENT AND (II) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH THE SERVICES IS TRUE, ACCURATE, CURRENT, AND COMPLETE AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 1.
a. Except where prohibited by applicable law, we reserve the right to change these Terms of Use at any time by posting a new version in the Services. It is your obligation to monitor the Services for any such changes. Your continued access to or use of the Services after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly.
b. We reserve the right to change the Services at any time, without notice. We may, at our discretion, suspend your access to or use of the Services or any component thereof: (i) for scheduled maintenance; (ii) if you violate any provision of these Terms of Use; (iii) to prevent interference with the availability of the Services; or (iv) to address any emergency security concerns. We reserve the right to remove, edit, limit, or block access to any data, information, records, and files that you load, transmit to, or enter into, or that we collect from, the Services (collectively, “User Data”) at any time, and we have no obligation to display or review your User Data.
These Terms of Use do not alter in any way the terms or conditions of any other agreement that may apply to your use of the Services, including the Contract (the “Other Atlasnova AI Agreements”). If there is a conflict or inconsistency between the Other Atlasnova AI Agreements and these Terms of Use, then the provisions of the Other Atlasnova AI Agreements will govern to the extent of such conflict or inconsistency.
a. Please review our current Privacy Policy, available at https://www.atlasnova.ai/data-privacy, which contains important information about our practices in collecting, storing, using, and disclosing information about identifiable individuals (“Personal Information”), and which is hereby incorporated into and forms a part of these Terms of Use.
b. You represent and warrant to us that any data, information, records, and files that you load, transmit to, or enter into the Services will only contain Personal Information in respect of which you have provided all necessary notices and disclosures, obtained all applicable third-party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to make available the Services.
When you submit content or information to the Services on behalf of a Customer (“Customer Data”), you acknowledge and agree that Customer retains all of its rights, title, and interest, including all intellectual property rights, in and to Customer Data, and the Contract provides Customer with many choices and control over that Customer Data. You also acknowledge, agree and consent to us using Customer Data in order to provide the Services, including sharing Customer Data with our third-party sub-contractors.
Atlasnova AI may use any suggestions, comments or other feedback relating to any aspect of the Services (“Feedback”), in or to improve Atlasnova AI Offerings. Accordingly, you agree that:
All rights, title, and interest, including intellectual property rights, in the Services and all other materials provided by us hereunder, and any update, adaptation, translation, customization or derivative work thereof, will remain with us (or our third-party suppliers, if applicable). The Services and all materials provided by us hereunder are made available or licensed and not “sold” to you. All rights not expressly granted to you in these Terms of Use are reserved.
To access certain features of the Services, you may be required to successfully sign up for a user account using the available interfaces of the Services or third-party single sign on services (the “User ID”). You will keep your User ID secure and will not share or grant access to your User ID with anyone else. We reserve the right to disable any User ID issued to you at any time in our sole discretion. If we disable access to a User ID issued to you, you may be prevented from accessing the Services. Certain information will be shared with Customer and Customer may be able to change and update your user account settings.
You agree to:
You will not use the Services in violation of these Terms of Use or of any applicable law. You will not, without our prior written permission, use the Services for any purpose other than to access and use the software and services we make available through the Services. Without limiting the generality of the foregoing, you will not (and will not attempt to) directly or indirectly:
The Services may provide links or access to third party content, websites, or services. Likewise, we may allow you to access the Services from third party systems. Atlasnova AI does not endorse any third-party content, websites, services, or systems, or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third party content, websites, services, or systems are not under Atlasnova AI’s control, and if you choose to access any such content, websites, or services, or to access the Services from such systems, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third party content, websites, services, or systems and agree to accept and comply with any such terms of use. You further acknowledge that by providing access to third party systems that Atlasnova AI may import data from those systems into Atlasnova AI and such data will be considered to be part of Customer Data and third-party systems may have access and copy Customer Data and the use of such data is outside the control of Atlasnova AI.
The downloading and viewing of content are done at your own risk. We do not guarantee or warrant that the Services is compatible with your computer system or that the Services, or any links from the Services, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs, or connections of and to your computer system that may be necessary as a result of your use of the Services.
You are prohibited from attempting to circumvent and from violating the security of the Services including without limitation: (a) accessing content that is not intended for you; (b) attempting to breach or breaching the Services security or authentication measures; (c) restricting, disrupting or disabling service to the Services users, hosts, servers or networks by any means, or (d) otherwise attempting to interfere with the proper working of the Services, including but not limited to by introducing any material that is malicious or technologically harmful.
We do not guarantee the confidentiality of any communications made by you through the Services. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Services.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF USE (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE SERVICES IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE SERVICES OR THESE TERMS OF USE.
FOR ANY OTHER DAMAGES, OR TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SERVICES EXCEED $100 USD. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.
ANY REMEDIES AVAILABLE WITH REGARD TO THE SERVICES ARE AS SET OUT IN THE CONTRACT WITH CUSTOMER.
You will defend, indemnify, and hold harmless us, our affiliates and service providers, and each of their and our respective officers, directors, employees, agents, and any licensees, successors and assigns from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with:
AtlasNova AI makes no representation that the Services are available or appropriate for use in all jurisdictions. The Services are designed to be accessible globally, subject to compliance with applicable local laws. If you access the Services from outside the United States, you do so at your own risk and are responsible for ensuring compliance with the laws of your jurisdiction.
a. Notices. Notices must be sent to: info@atlasnova.ai
Atlasnova AI may change its contact information by posting the new contact information on the Website or by giving notice thereof to you. You are solely responsible for keeping your contact information on file with Atlasnova AI current at all times during the Term.
b. Choice of Law:
These Terms of Use are governed by the laws of the State of California, without regard to conflict of law principles, except as restricted by applicable law. You and AtlasNova AI submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California, for resolution of any lawsuit or court proceeding permitted under these Terms of Use. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
c. Dispute Resolution:
d. No Support. Atlasnova AI is under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
e. Force Majeure. Neither party will be liable for delays caused by any event or circumstances beyond that party’s reasonable control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving that party’s employees), Internet service failures or delays, or the unavailability or modification by third parties of telecommunications or hosting infrastructure or third-party websites (“Force Majeure”).
f. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that Atlasnova AI may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms of Use.
g. Entire Agreement. These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Services. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
h. Waiver. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms of Use must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
i. Severable. If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.
j. Assignment. You will not assign these Terms of Use to any third party without our prior written consent. We may assign these Terms of Use or any rights under these Terms of Use to any third party without your consent. Any assignment in violation of this Section will be void. The terms of these Terms of Use will be binding upon permitted assignees. These Terms of Use will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees. Atlasnova AI may engage third parties to provide the Services.
k. English Language. The Agreement and all related documents are drawn up in English.
l. The AtlasNova AI SaaS Services are designed for customers globally, subject to compliance with applicable laws. AtlasNova AI makes no representation that the Services are appropriate or available in all jurisdictions. Access to the Services from countries or territories where such access is illegal is prohibited. If you access the Services from outside the United States, you are responsible for compliance with local laws.
m. Notice Regarding Apple. This Section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms of Use are between you and Atlasnova AI only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Atlasnova AI SaaS Services or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Atlasnova AI SaaS Services. If the Atlasnova AI SaaS Services fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Atlasnova AI SaaS Services. Apple is not responsible for addressing any claims by you or any third party relating to the Atlasnova AI SaaS Services or your possession and/or use of the Atlasnova AI SaaS Services, including: (i) product liability claims; (ii) any claim that the Atlasnova AI SaaS Services fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Atlasnova AI SaaS Services and/or your possession and use of the Atlasnova AI SaaS Services infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Atlasnova AI SaaS Services. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary of these Terms of Use. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions or comments regarding these Terms of Use, please contact us through email: info@atlasnova.ai.