Atlas Terms Of Service

EFFECTIVE DATE: July 18, 2024
THESE TERMS GOVERN SUBSCRIPTION TO AND USE OF ATLAS’S SERVICES. BY ACCESSING OR USING ATLAS’S WEBSITES AND SERVICES, YOU ACCEPT THESE TERMS.

1. 1. Agreement
      These Terms of Service (“Terms”) are between the party accepting them (“Subscriber”) and Atlas, effective upon acceptance. “Atlas” means either (i) Atlas, Inc. if Subscriber is outside Europe, or (ii) Atlas SAS if Subscriber is in Europe. This Agreement grants Subscriber a limited subscription to use Atlas’s hosted search, support or other services (“Services”).
   2. Free Services
      Atlas may offer free or trial versions of the Services. FREE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY AND MAY BE SUSPENDED OR DISCONTINUED AT ANY TIME.
   3. Atlas’s Obligations
      3.1 Services: Atlas will provide Services according to ordering documents (“Service Orders”).3.2 Compliance: Atlas will comply with applicable laws and regulations.3.3 Personnel: Atlas is responsible for its personnel’s performance and compliance.

      3.4 Documentation: Atlas will provide online documentation describing the Services.

      3.5 Security: Atlas will maintain administrative, physical, and technical safeguards for security and integrity of the Services.

      3.6 Data Protection: For personal data processing, the Data Processing Addendum terms will apply.

   4. Subscriber’s Obligations
      4.1 Subscriber Data: Subscriber is responsible for data provided to the Services.4.2 Personnel: Subscriber is responsible for its personnel’s compliance.4.3 Non-Atlas Services: If Subscriber uses third-party services with the Services, Atlas is not responsible for those services.

      4.4 Third Party Reports: Atlas may forward notices from third parties regarding Subscriber Data. Subscriber will address these promptly.

      4.5 Responsibilities: Subscriber shall:

      • Comply with the Acceptable Use Policy
      • Use Services according to documentation
      • Prevent unauthorized access
      • Report unauthorized use
      • Not use Services for fraudulent purposes
      • Not make Services available to unauthorized users
      • Not transmit malicious code
      • Not interfere with Services integrity
      • Not attempt unauthorized access to Atlas systems
      • Not circumvent usage limits
      • Not resell the Services
      • Not copy or create derivative works
      • Not develop competing products
      • Not reverse engineer the Services
      • Not remove copyright notices
      • Maintain necessary equipment
      • Obtain required consents
   5. Term and Termination
      5.1 Term: Terms are effective during any Service Order incorporating the Agreement. Service Orders renew automatically unless either party gives 30 days’ notice.
      5.2 Termination for Cause: Either party may terminate upon 30 days’ written notice of a material breach if uncured, or if the other party becomes insolvent.
      5.3 Survival: Certain provisions survive termination.
   6. Beta Services
      Beta Services are provided for evaluation only and may be discontinued at any time. BETA SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY.
   7. Fees and Payment
      7.1 Fees: Subscriber will pay all fees specified in Service Orders. Minimum commitments are non-cancelable and fees paid are non-refundable.7.2 Invoicing: Atlas will invoice monthly or as stated in Service Orders. Invoices paid by credit card are due immediately; others are due in 30 days.7.3 Suspension: If payment is 30+ days overdue, Atlas may accelerate unpaid fees and block Services after 10 days’ notice.

      7.4 Disputes: Atlas will not block Services or impose late charges while Subscriber disputes charges in good faith.

      7.5 Refund or Payment upon Termination: For termination with cause by Subscriber, Atlas will refund prepaid fees. For termination by Atlas with cause, Subscriber will pay remaining fees.

      7.6 Taxes: Fees do not include taxes. Subscriber is responsible for all applicable taxes.

   8. Confidentiality
      8.1 Confidential Information: Includes Subscriber Data, the Services, and business information designated as confidential.8.2 Protection: Receiving Party shall not disclose Confidential Information except to those who need to know and have agreed to confidentiality obligations.8.3 Compelled Disclosure: If legally compelled to disclose, Receiving Party shall provide notice and assistance to Disclosing Party.
   9. Licenses and Proprietary Rights
      9.1 Subscriber Data: Subscriber grants Atlas a limited license to store and process Subscriber Data to provide the Services.9.2 Atlas Software: Atlas grants Subscriber a limited license to use Atlas Software with the Services.9.3 Feedback: Subscriber grants Atlas permission to use feedback to improve Services.

      9.4 Support Code: Atlas grants Subscriber a license to use custom code delivered for support purposes.

      9.5 Proprietary Rights: The Services are Atlas’s proprietary information. No rights granted except as expressly stated.

   10. – 12. Compliance Provisions
       Includes Government Rights, Export Compliance, and Anti-corruption provisions.