Atlas UP Terms of Use

Thank you for your interest in Atlas UP. Atlas UP is a Delaware corporation.

We provide consulting and human resources AI for your business through our AI technology accessed via our apps, microsites and website atlasup.com and https://support.atlasup.com which we refer to in this Policy as “Sites” or “Products.” Right now, we are in “Beta” mode perfecting our Products for you. We welcome your feedback.

Please read these Terms of Use carefully. These Terms govern your use of the Sites and our Products. By accessing our Products or any information, content or materials available through the Sites, you agree to be subject to these Terms. If you do not agree to any of these Terms, you may not use our Products and you must discontinue your use of our Sites.

These Terms of Use are presented in a layered format. Click through to jump to a specific section.

License

Our products are licensed per user. Every user must have one license. You can assign a license to an “Authorized User” through your enterprise account login. Subject to these Terms, each Authorized User is granted a non-exclusive, non-transferable, limited license to access and use our Products.

Privacy Policies

When you agree to these Terms, you are also agreeing to our Privacy which can be found here.

Who Can Use Our Products?

You may not use our Products if you are:

- A minor. None of our Products is intended for use by minors. If you are a minor or under age thirteen (13), you may not use our Products.
- Barred by law. You may only use our Products if you are not prohibited by any applicable laws from doing so.
- A competitor. You may not use our Products, without our prior written consent, if you are a competitor of Atlas UP or affiliated with a competitor of ours, as determined by us, at our sole discretion.
- A robot or program. All access to and use of our Products via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of our Products is strictly prohibited. Notwithstanding the foregoing, and solely with respect to a single sign on exception, Atlas UP grants the operators of public search engines permission to use spiders to index materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Atlas UP reserves the right to revoke these exceptions either generally or in specific cases. You may not collect or harvest any personally identifiable information, including account names, from our Products, nor use the communication systems provided by our Products (e.g., comments, email) for any commercial purposes.

Subscription, Rates, Fees, Payments, Cancellation and Refund Policy

If you have an enterprise agreement with us, your payment terms and our refund policy are governed by the “Master Services Agreement” you entered into with us and those terms are incorporated into these Terms. Otherwise, our Products are offered through annual or monthly subscription plans. For information about our subscription rates, email us at support@atlasup.com.
If you purchased a monthly subscription, your subscription will renew the first day of each month (“Renewal Date”). If you do not want to renew your subscription, you must notify us, in writing, at support@atlasup.com thirty (30) days prior to your Renewal Date (“Notification Date”). Your cancellation will be effective on the first of the month following thirty (30) days from the Notification Date (“Termination Date”). You are responsible for the charges from the Notification Date until the Termination Date. We will not prorate monthly fees. For example, if you provide notice to us on March 15, we will stop renewing your subscription on May 1.
If you purchase an annual subscription, you agree to pay for the full year at purchase. Annual subscriptions will not be refunded or prorated. You may cancel your annual subscription at any time, however, you are still liable for the remaining subscription term. Annual subscriptions will not automatically renew.
We use Stripe to process your payment. If you have purchased a monthly subscription, you authorize us to charge your credit card on the date of the purchase and thereafter on the first of the month, every month, until the Termination Date, in the amount shown on your purchase confirmation email. If you have purchased an annual subscription, you authorize us to charge you the annual subscription amount shown on your purchase confirmation email on the date of your purchase.

Beta Mode Users

Beta Mode Users may have access to our Products free of charge. However, we reserve the right to terminate Beta Mode Users free access to our Products at any time.

Number of Users

You may provide access to our Products only to the number of persons authorized in and identified as “Authorized Users” in your Account. Access Codes and passwords may not be shared with persons who are not listed as Authorized Users.

Taxes

Unless otherwise stated, you are responsible for any sales or use taxes or duties associated with the sale of our Products (collectively, “Taxes”) and must pay Atlas UP without any reduction for Taxes. If Atlas UP is obliged to collect or pay Taxes, any such Taxes will be payable by you and charged to your credit card on file with us, unless you provide Atlas UP with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. You authorize Atlas UP to charge your credit card on file for any such Taxes. If you are required by law to withhold any Taxes from your payments to Atlas UP, you must provide Atlas UP with an official tax receipt or other appropriate documentation to support such payments. You may email your certificate of tax-exempt status, VAT number or other tax information to us at support@atlasup.com.

Your Content

Any “Content” (defined below) you submit to Atlas UP (including organizational information and the personal data of others, such as employees), to be used with our Products is subject to these Terms and the following conditions:

Privacy. We know that by providing us your Content, you trust us to treat it appropriately. Atlas UP’s Privacy Policy describes how we will treat Content and personal data. You in turn agree that Atlas UP may use and share your Content in accordance with our Privacy Policy and these Terms.
Authority. You shall be solely responsible for your Content and the consequences of uploading and submitting your Content with respect to our Products. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to share your Content, including employee personally identifiable and sensitive information.
License. You retain the ownership rights in your Content. However, by submitting such Content to Atlas UP, you hereby grant Atlas UP a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, and display, the Content, including any logo, in connection with our Products and Atlas UP’s (and its successors’ and affiliates’) business, including without limitation for promoting, marketing and redistributing part or all of our Products (and derivative works thereof) in any media formats and through any media channels.

Prohibited content. Atlas UP reserves the right to remove Content without prior notice for any reason whatsoever. You may not submit any Content or other material, or encourage others to act in a manner, that is:
1. Illegal. Violates applicable local, national, or international laws or regulations.
2. Infringe. Infringes upon another person or entity’s copyright or intellectual property or privacy rights. You must have permission from the rightful owner of the material, or be otherwise legally entitled, to submit the material and grant Atlas UP all of the license rights granted herein.

1. Offensive, libelous, harmful. Offensive, threatening, libelous, defamatory, pornographic, obscene, harmful, abusive, harassing, tortuous, defamatory, vulgar, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Atlas UP, in Atlas UP’s sole discretion
No endorsement. Atlas UP does not endorse any Content submitted by any user, third party, or any opinion, recommendation, or advice expressed therein, and Atlas UP expressly disclaims any and all liability in connection with such Content.
No pre-screening. Atlas UP does not review or pre-screen the contents of data uploaded or posted to our Products by Users.

Third-Party Content

Our Products may contain links to third party websites that are not owned or controlled by Atlas UP. We have no control over, and assume no responsibility for the Content, privacy policies, or practices of any third-party websites. In addition, Atlas UP will not and cannot censor or edit the Content of any third-party site. You understand that when using our Products, you may be exposed to Content from a variety of sources, and that Atlas UP is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you waive, any legal or equitable rights or remedies you have or may have against Atlas UP with respect thereto, and, to the extent permitted by applicable law, indemnify and hold harmless Atlas UP, its owners, operators, affiliates, licensors, and licensees to the fullest extent permitted by law regarding all matters related to your use of our Products.

Prohibited Acts

You may not:

Reproduce or resell. Reproduce, duplicate, copy, sell, resell or exploit access to our Products, including, but not limited to the HTML or any visual design elements without the express written consent of Atlas UP.
Tamper, Interfere. Modify, reverse engineer, decompile, adapt or otherwise tamper with our Products or modify another website so as to falsely imply that it is associated with our Products, Atlas UP, or any other product, software or service provided by Atlas UP. Interfere with, disrupt or attempt to interfere or disrupt our Products, our domains, websites, servers, networks, services or other equipment connected to our Products.
Infringe. Use our Products in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of these Terms.
Install malware. Use our Products to upload, post, host, or transmit viruses, self-replicating computer programs “worms” or any code of a destructive or malicious nature.
Harm minors. Harm minors in any way.
Impersonate. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
Violate the law. Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to international human rights or privacy laws.
Promote terrorism. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act.
Store certain data. Collect or store personal data about other users in a manner that is prohibited hereunder; or is in connection with the prohibited conduct and activities set forth hereunder.
No disabling security features. You may not circumvent, disable or otherwise interfere with security-related features of our Products or features that prevent or restrict use or copying of any Content or enforce limitations on use of our Products or the Content therein.
Violation of your customer and client agreements. You agree not to use our Sites or Products to violate any agreements to which you may be a party.

Our Copyright and Intellectual Property Rights

Our Products are protected by the copyright laws of the United States and international copyright laws and treaties, as well as other laws and treaties. Except for the non-exclusive license granted pursuant to these Terms, all ownership, license, intellectual property and other rights and interests in and to our Products shall remain solely with Atlas UP.

Trademarks. The Products and Content, trademarks, service marks and logos (“Marks”) on our Products, are owned by or licensed to Atlas UP and are subject to trademark and other intellectual property rights under the law.
Intended use only. You may access our Sites solely as intended through the provided functionality of our Products and as permitted under these Terms. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any part of our Sites, their Content, or our Products for any other purposes without the prior written consent of Atlas UP or the respective licensors of the Content. Atlas UP and its licensors reserve all rights not expressly granted in and to our Products.

Account Management

1. Keep your password secure. You must access your account using a password. We strongly recommend that you do NOT use the same password you use on other websites. We also encourage you to use a complex password consisting of numbers, letters, and special characters. We give you the flexibility to set and change your password at your discretion, however, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Atlas UP, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you must notify Atlas UP immediately. You must exit your account at the end of each session.
1. No password or account sharing. Accounts and passwords may not be shared. User accounts are solely for the use of the registered User.
2. Keep your details accurate. When you register for an account, you must provide data about yourself, including but not limited to, your email address, and, where applicable, your contact details and payment details (“Registration Data”). You must keep your Registration Data current, complete and accurate. If you provide Registration Data that is untrue, inaccurate, not current or incomplete, or if Atlas UP has reason to believe that your Registration Data is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and access to our Products.
3. Unsubscribe to Emails. To stop receiving emails from us click the Unsubscribe button in the email or send us an email at support@atlasup.com with “unsubscribe” in the subject line.

Cancellation and Termination by Us

1. Account inactivity. Atlas UP may terminate your account and delete any Content contained in it if there is no account activity (such as a log in event or payment) for a period of 12 months.
1. Misuse. If you misuse our Products or otherwise do not comply with these Terms, Atlas UP, in its sole discretion, has the right to cancel, or terminate your access to our Products or your account at any time, without prior notice to you, and pursue any other remedy legally available to it. Atlas UP reserves the sole and exclusive right to decide whether or not you are in compliance with these Terms.
2. Other reasons. Additionally, Atlas UP reserves the right to cancel or terminate your access to or use of Products or your account for the following additional reasons:
  1. If requested by law enforcement, court order or other judicial process;
  2. If an unexpected technical or security issue arises;
  3. If you engage in fraudulent or illegal activities, whether or not those activities are related to your use of Atlas UP; or
  4. For any reason, if Atlas UP, in our sole discretion, believes it to be in Atlas UP’s best interest to do so.

Disclaimers and Limitations

This Section includes important disclaimers and limitations on Atlas UP’s liability.

THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY.

As is. To the maximum extent permitted by law, our Products are provided entirely "as is," without any warranty whatsoever, and all warranties of any kind, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, are hereby expressly disclaimed, and you hereby waive all such warranties.
No warranty. No advice or information, whether oral or written, obtained by you from Atlas UP or through or from Atlas UP applications shall create any warranty not expressly stated in these Terms.
Limitation of liability. Except as expressly provided by law, in no event shall Atlas UP, our officers, directors, employees, contractors, subcontractors, suppliers, agents, affiliates, subsidiaries, successors or assigns be liable to you or any party for any direct, consequential, incidental, special or other indirect (including without limitation, cost of cover) damages, loss or injury arising out of or in connection with these Terms, our Products or any services, content or other materials provided or available hereunder, or use of any other links or linked websites, even if we are expressly advised of the possibility of such damages, and regardless of whether such damages arise in contract, tort (including without limitation negligence), strict liability or other legal basis.
Damages. The term "damages" includes, without limitation, attorneys’ fees, lost profits, physical and/or personal injury, business interruption, and loss of programs or other data on your information handling system. You agree and acknowledge the economic terms of these Terms fairly and equitably reflect the foregoing allocation of risk and such allocation of risk is a material inducement for us to make our Products and Sites available to you.

Intellectual Property and Copyright Infringement

Atlas UP does not permit infringement of intellectual property rights on our Products, and Atlas UP will remove all Content if it infringes on another’s intellectual property rights. Atlas UP reserves the right to remove Content without prior notice for any reason whatsoever.

1. Copyright Infringement. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act.
1. Counter-notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice to the Copyright Agent.
2. Copyright Agent. Notices to our copyright agent should be sent to our Copyright Agent at copyrightagent@atlasup.com or Copyright Agent, Atlas UP, 1100 North Glebe Road, Suite 1010, Arlington, VA 22201.

1. Other Infringement. For non-copyright infringement issues, notify Atlas UP at support@atlasUP.com.

Changes and Updates

1. Changes to Products. We regularly update our Products. Atlas UP may add, alter, or remove functionality or features from our Products at any time without prior notice. Atlas UP may also limit, suspend, or discontinue our Products at our discretion. Atlas UP may remove Content from our Products at any time in its sole discretion, although Atlas UP will endeavor to notify you before it does so if it materially impacts you and if practicable under the circumstances.
1. Changes to Terms. Atlas UP may change these Terms at any time and for any reason, such as to reflect changes in applicable law or updates to Products, and to account for new Products or functionality. Changes will be effective the day they are posted here. If you do not want to agree to any changes made to these Terms, you must immediately discontinue using our Products, because by continuing to use our Products you indicate your agreement to be bound by the updated terms.

Maintenance

Atlas UP reserves the right to temporarily suspend access to our Products for any reason it deems necessary, including, but not limited to, maintenance, repairs or installation of upgrades, and we will, if practicable, provide notice prior to any such suspension.

Master Services Agreement

If you have entered into a Master Services Agreement with us, those terms are incorporated into these Terms. If there is a conflict between these Terms and the terms of the Master Services Agreement, the terms of the Master Services Agreement will govern, including any changes therein affecting your rights and our obligations with respect to your personally identifiable information.

Dispute Resolution

1. Arbitration. You submit to binding arbitration in the event of a dispute, controversy or claim ("Claim") arising out of or in connection with our Products, these Terms and Atlas UP’s Privacy Policy. The arbitration will be held in Fairfax, Virginia before one arbitrator on an individual basis and not as a class action. You and Atlas UP shall agree on one arbitrator to conduct the arbitration and the arbitrator shall be selected pursuant to the applicable rules. Each party shall be responsible for its own attorney, expert and other fees, unless the arbitrator awards such fees to the prevailing party.
1. No Class Action. If a claim is arbitrated, you give up your right to participate as a class representative or member for any claim you may have against Atlas UP, including any right to class arbitration or any consolidation of individual arbitrations or to bring or participate in a class action as set forth in any state statute.
2. No Jury Trial. You expressly waive your right to a jury trial.
3. Arbitrator’s Decision Final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act (9 U.S.C. §1 et seq.), and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, the provisions of Section 18 of these Terms shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.
4. Injunctive Relief. Notwithstanding the terms of this Section 17, if you violate or threaten to violate Atlas UP’s intellectual property rights, Atlas UP may seek injunctive or other appropriate relief in any court, and you consent to exclusive jurisdiction and venue in such court.

Choice of Law, Forum, and Venue

The laws of the Commonwealth of Virginia, without giving effect to its conflict of laws principles, govern all matters arising out of or related to these terms and the transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement. If Section 18 is found not to have legal effect by any court with jurisdiction over these Terms, jurisdiction over actions arising out of or related to these Terms, and jurisdiction over Atlas UP, then if you bring a legal action or proceeding against Atlas UP arising out of or related to these Terms, you may only bring such action or proceeding in the Alexandria Division of the United States District Court for the Eastern District of Virginia, or in Circuit or District Court of Fairfax County, Virginia.

California Users

California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer

Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210. Complaints or requests for further information can be sent to the address listed in the Contact Us section of this Agreement

Miscellaneous

1. Language. These terms were prepared and are written in English. To the extent any translated version conflicts with the English version, the English version controls, except to the extent prohibited by any applicable law.
1. Content. As used herein, the term “Content” shall include employee and organization data and personally identifiable information, including, but not limited to, contact information, employment history, job descriptions, work attendance and history, and other text, software, scripts, graphics, logos, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials. This Content may be created by us, you or a third-party.
2. Transmission of Data. Atlas UP may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run our Products. The technical processing and transmission of data associated with our Products, including Content, may be transmitted unencrypted and involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices.
3. Severability and Waiver. Atlas UP’s failure to exercise or enforce any of these Terms shall not constitute a waiver of the Terms. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, such court should endeavor to give full effect to the parties’ intentions as reflected in these Terms, and the remainder of these Terms remain in full effect. The failure of Atlas UP to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
4. Entire Agreement. These Terms constitute the entire agreement between you and Atlas UP and govern your use of our Products, superseding any prior agreements between you and Atlas UP (including, but not limited to, any prior versions of the Terms).
5. No Assignment. You may not assign your rights or delegate your duties under this license to access our Products without the prior written consent of Atlas UP.
6. Indemnification. You agree to indemnify and defend Atlas UP and our subsidiaries, affiliates, officers, agents, employees, partners, licensors and licensees from any claim or demand, including attorney’s fees and costs, made by any third party due to or arising out of your use of our Products.
7. Persons other than individuals. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation and that you have duly authorized your agent to bind you to these Terms.

How to Contact Us

You can contact us by email, text message, phone, or regular mail and we will respond to your query within 30 days.

email: support@atlasup.com

phone: (703) 224-8090

mail: Atlas UP

1100 North Glebe Road, Suite 1010

Arlington, VA 22201