Legal · terms
Terms of Service
Last updated: August 1, 2026
These Terms of Service (the “Terms”) are a legally binding agreement between you and the operator of the AtlasAI service (“Operator,” “we,” “us,” or “our”), governing your access to and use of the AtlasAI applications, websites (including weareatlas.ai), waitlist, APIs, and related services (collectively, the “Service”). AtlasAI is a product name only and is not a separate contracting party. By downloading, installing, accessing, or using the Service, creating an account, joining the waitlist, clicking to accept, or otherwise indicating acceptance, you agree to be bound by these Terms, our Privacy Policy, and (for mobile installs) our End-User License Agreement. If you do not agree, do not use the Service.
1. Acceptance; operator; related documents
These Terms form a contract between you and the Operator. “Operator,” “we,” “us,” and “our” mean the natural person or legal entity that operates the AtlasAI service, publishes the mobile application, is listed as the developer or seller on the applicable app marketplace (for example the Apple App Store), and is contactable at hello@weareatlas.ai. AtlasAI is a product name only and is not a separate legal entity. The Operator may update its registered business name or transfer the Service to a successor; continued use after notice constitutes acceptance to the maximum extent permitted by law.
References to “AtlasAI,” “Atlas,” or the Service describe the product and features, not a separate legal entity. All rights, obligations, licenses, limitations, and liabilities under these Terms run to and from the Operator (as defined above).
Related documents (incorporated by reference): Privacy Policy (https://weareatlas.ai/privacy); End-User License Agreement for the mobile App (https://weareatlas.ai/eula); and any additional feature-specific terms we present in-product. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” includes that organization.
English is the sole controlling language of these Terms and related legal documents. Any translation is for convenience only and has no legal effect if it conflicts with the English version.
2. Eligibility and accounts
You must be at least 16 years old (or the age of digital consent in your jurisdiction, if higher) to use the Service. If you are under the age of majority where you live, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf and is jointly and severally responsible for your use.
You must provide accurate information and keep it updated. Magic-link and email-based authentication depend on your control of the email address you use. You are solely responsible for all activity under your account and for securing your devices, email inbox, and recovery methods. Notify us promptly of any unauthorized access. We may treat actions taken through your account or email as authorized by you.
We may refuse registration, reclaim usernames, limit invitations, require re-authentication, freeze accounts, or reclaim accounts that appear abandoned, abusive, compromised, or obtained through automated or fraudulent means—with or without notice, to the maximum extent permitted by law.
One person may not maintain multiple accounts to evade enforcement, rate limits, bans, or fees. We may merge, suspend, or delete duplicate or abusive accounts.
3. The Service (what AtlasAI is — and is not)
AtlasAI is a group travel coordination and information product. Features may include trip planning, voting and commitment tools, shared itineraries, maps, in-trip chat, an AI copilot (“Atlas”), expense tracking and settlement suggestions, and related collaboration tools. Features may change, be gated to beta cohorts, rate-limited, or discontinued at any time, with or without notice, and without liability to you to the maximum extent permitted by law.
Without limiting the generality of the foregoing, you acknowledge and agree that:
- AtlasAI is not a travel agency, tour operator, airline, hotel, ground carrier, insurer, emergency service, licensed money transmitter, bank, escrow agent, payment institution, or professional advisor (legal, medical, tax, immigration, or financial), unless we expressly state otherwise in a separate signed written agreement.
- We do not sell, resell, book, underwrite, or guarantee flights, lodging, activities, visas, entry requirements, insurance, or other third-party travel products merely because they appear in an itinerary, chat, map, or AI suggestion.
- Expense ledgers, balances, IOUs, deposits, and settlement suggestions are informational tools for your group only. Unless we expressly offer regulated payments processing, we do not hold user funds in escrow, execute bank transfers between members, guarantee collection, or act as a payment intermediary for peer-to-peer settlements.
- Maps, ETAs, routes, opening hours, prices, accessibility data, weather, and place metadata may be incomplete, delayed, or wrong. They are not a substitute for local judgment, official sources, or professional advice.
- Atlas AI outputs are probabilistic, may hallucinate, and may be inaccurate, biased, or unsafe if followed. You must independently verify safety-critical, legal, medical, immigration, financial, accessibility, and booking decisions.
- The Service may be offered in private beta, waitlist, or early access. Pre-release software is provided solely for evaluation, may be unstable, may delete or corrupt data, and may be withdrawn at any time.
- We have no obligation to provide any particular feature, uptime percentage, data export format, or continued compatibility with any device, OS, or third-party service.
4. Assumption of risk; no safety or insurance duty
TRAVEL AND GROUP ACTIVITIES INVOLVE INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, ILLNESS, INJURY, DISABILITY, AND DEATH, AS WELL AS FINANCIAL LOSS, THEFT, SCAMS, CIVIL UNREST, NATURAL DISASTERS, TRANSPORT FAILURES, AND OTHER HAZARDS. YOU VOLUNTARILY ASSUME ALL SUCH RISKS ARISING FROM YOUR TRAVEL, TRIP PLANNING, AND USE OF THE SERVICE.
To the maximum extent permitted by law, you release and forever discharge the Operator and its affiliates, officers, directors, employees, agents, suppliers, and licensors from any and all claims, demands, and damages of every kind, known or unknown, arising out of or related to: (a) your travel or activities planned or coordinated using the Service; (b) interactions, meetings, or disputes with other users or third parties; (c) reliance on itineraries, maps, chat, expense balances, or AI outputs; (d) acts or omissions of third-party providers; and (e) loss of data, bookings, or money among trip members.
We do not provide travel insurance, medical insurance, evacuation, or emergency response. We have no duty to warn you about conditions at any destination, to monitor your safety, or to contact emergency services on your behalf. You are solely responsible for appropriate insurance, travel documents, vaccinations, health precautions, and compliance with local law.
If applicable law limits the scope of this release (for example, for gross negligence or willful misconduct where such releases are prohibited), this section applies to the maximum extent permitted, and the remainder remains in force.
5. Group trips, organizers, and user-to-user dealings
Trip organizers and members—not us—control invitations, roles, shared content, and offline arrangements. You are solely responsible for whom you invite, what you share, and any commitments, deposits, or payments you make to or request from other users.
Any agreement between users (including cost-sharing, deposits, RSVP commitments, room assignments, or cancellation rules) is solely between those users. the Operator is not a party to those agreements, is not an escrow or collection agent, and has no obligation to enforce them, mediate disputes, recover funds, or provide evidence beyond what we choose to provide under our Privacy Policy and legal process.
You release us from claims arising out of other users’ acts or omissions, including unpaid balances, misrepresentations, no-shows, harassment, negligence, or criminal conduct. If you have a dispute with another user, you release us (and our officers, directors, employees, and agents) from claims, demands, and damages of every kind arising out of that dispute, to the maximum extent permitted by law.
You will not represent that you are employed by, partnered with, or speaking for us when dealing with other users or third parties.
6. License to use the Service
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal or internal group-travel coordination purposes. We and our licensors reserve all rights not expressly granted. The Service is licensed, not sold. No implied licenses are granted.
You may not (and may not permit others to):
- Copy, modify, distribute, sell, lease, or reverse engineer the Service except to the limited extent allowed by mandatory law that cannot be waived.
- Bypass, disable, or interfere with security, rate limits, access controls, authentication, billing, or usage quotas.
- Use scrapers, bots, spiders, or automated means to access the Service without our prior written consent.
- Probe, scan, or test the vulnerability of any system or network, or breach security or authentication measures, without authorization.
- Use the Service to build a competing product, to benchmark for competitive purposes in a public way that harms us, or to train models using our non-public content, prompts, or outputs at scale without permission.
- Misrepresent your identity or affiliation, or impersonate any person or entity.
- Use the Service for unlawful, harmful, fraudulent, defamatory, or infringing purposes.
- Resell, white-label, or provide the Service as a bureau service to third parties without a separate written agreement.
- Interfere with or disrupt the integrity or performance of the Service or data contained therein.
7. User content; license grant; no duty to monitor
“User Content” means any content you submit, post, upload, transmit, or otherwise make available through the Service, including messages, itineraries, notes, photos, votes, expense entries, profiles, and prompts to Atlas.
You retain ownership of your User Content. You grant the Operator a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, modify (including for formatting, transcription, translation, compression, and display), distribute, publicly perform, publicly display, transmit, and create derivative works of User Content as needed to operate, secure, improve, promote, and provide the Service (including generating AI responses in context, showing trip content to trip members, and creating de-identified or aggregated insights). This license lasts for as long as the relevant User Content remains on our systems, is irrevocable during that period, and survives termination as to residual, backup, and legal-retention copies and shared trip records that other trip members still need.
You represent and warrant that: (a) you have all rights, licenses, and consents necessary to grant the above license; (b) your User Content does not violate law or third-party rights; (c) your User Content is not malware and does not contain undisclosed tracking code; and (d) if you include personal data about others, you have a lawful basis to do so and have provided any required notices.
We may remove, restrict, refuse, or take down User Content that we reasonably believe violates these Terms, law, platform rules, or the rights or safety of others, or that creates risk, liability, or reputational harm for us—without prior notice and without liability to you. Removal or non-removal of content is not an admission of any fact and creates no duty to take similar action in the future.
WE HAVE NO OBLIGATION TO MONITOR, REVIEW, OR MODERATE USER CONTENT OR USER CONDUCT, BUT WE MAY DO SO AT OUR SOLE DISCRETION. WE DO NOT ENDORSE USER CONTENT AND ARE NOT RESPONSIBLE FOR IT.
8. Acceptable use and prohibited conduct
You agree not to use the Service to:
- Harass, threaten, defame, stalk, blackmail, or exploit any person; post hate speech, extremism, or content that promotes violence or self-harm.
- Share illegal content, child sexual abuse material, non-consensual intimate imagery, or content that facilitates trafficking, exploitation, or terrorism.
- Spam, phish, social-engineer, or distribute malware, ransomware, or spyware.
- Infringe intellectual property, privacy, publicity, or other rights.
- Attempt to obtain money, credentials, or personal data from others through deception.
- Misuse expense, deposit, or commitment features to defraud trip members.
- Use AI outputs as if they were licensed professional advice, or to generate content that violates these Terms or law.
- Interfere with other users’ enjoyment of the Service or with our operations, employees, or partners.
- Use the Service in any manner that could damage, disable, overburden, or impair our infrastructure.
Report abuse to hello@weareatlas.ai. We may investigate (or decline to investigate) and take any action we deem appropriate, including content removal, feature limits, account suspension, termination, device or IP blocks, and referral to law enforcement. Our failure to enforce any provision is not a waiver. We may preserve and disclose information as described in the Privacy Policy.
9. AI features — additional terms
- Atlas may use third-party models, tools, and data sources. Outputs are generated automatically and may not reflect our views.
- You are solely responsible for decisions you make based on AI outputs, including travel plans, routes, bookings, safety choices, and expense splits.
- You will not represent AI output as human-authored professional advice or as a guarantee by us.
- We may rate-limit, log, filter, refuse, or permanently disable AI requests to protect safety, security, cost, IP, or legal compliance, without liability.
- You will not use AI features to attempt to extract system prompts, circumvent safety filters, or generate prohibited content.
- To the maximum extent permitted by law, AI features are provided “as is” without warranty of accuracy, completeness, reliability, or fitness for a particular purpose, and without any warranty that outputs will be unique or non-infringing.
- If model providers impose acceptable-use rules, you must comply with them when using Atlas.
10. Third-party services and bookings
The Service may link to or integrate third-party maps, places data, booking sites, payment platforms, app stores, identity providers, AI providers, or other services. Those services are governed solely by their own terms and privacy policies. We do not control and are not responsible for third-party services, including changes in price, availability, cancellation policies, safety, accessibility, or legality of third-party experiences.
Any contract for travel products or other goods/services is solely between you and the third-party provider. the Operator is not a party to those contracts and has no liability for performance, refunds, delays, overbooking, injury, loss, discrimination, or other issues arising from third-party products or services—even if you discovered them through the Service.
Deep links, affiliate links, or “book” affordances (if any) do not make us an agent of the third party or of you.
11. Fees, subscriptions, taxes, and refunds
Parts of the Service may be free, freemium, waitlist-gated, or paid. Free or beta access is a privilege, not a right, and does not reduce the force of these Terms (including limitations of liability).
If paid subscriptions or in-app purchases are offered via Apple App Store, Google Play, or another platform, billing, renewal, cancellation, trials, and refunds are handled by that platform under its terms and policies, except where mandatory consumer law says otherwise. We do not control platform refund decisions and are not liable for platform billing errors beyond coordinating entitlement status on our side when reasonably possible.
Prices and plan features may change prospectively with notice as required by law or platform rules. You are responsible for all applicable taxes. Failure to pay may result in suspension or termination of paid features without liability for resulting data or access loss beyond what mandatory law requires.
EXCEPT WHERE REQUIRED BY MANDATORY LAW OR BY APPLE/GOOGLE/PLATFORM POLICIES, ALL FEES ARE NON-REFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIAL PERIODS, UNUSED FEATURES, OR DISSATISFACTION.
12. Intellectual property; feedback
The Service, including software, models (to the extent owned or licensed by us), design, branding, UI, documentation, and compilation of content, is owned by the Operator and its licensors and is protected by intellectual property laws. “AtlasAI,” “Atlas,” and related marks, logos, and trade dress are trademarks of the Operator or its affiliates. You may not use our marks without prior written permission.
If you provide feedback, ideas, proposals, or suggestions, you grant the Operator a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable license to use, copy, modify, and exploit them for any purpose without restriction, attribution, or compensation, and you waive any moral rights to the extent permitted by law.
13. Copyright complaints
If you believe content on the Service infringes your copyright, send a notice to hello@weareatlas.ai with: (a) your contact information; (b) identification of the work claimed infringed; (c) identification of the allegedly infringing material and its location in the Service; (d) a statement of good-faith belief that use is not authorized; (e) a statement under penalty of perjury that your notice is accurate and that you are the owner or authorized agent; and (f) your physical or electronic signature. We may remove content and terminate repeat infringers in appropriate circumstances. We may also accept counter-notices where applicable law provides for them.
14. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; (B) DEFECTS WILL BE CORRECTED; (C) CONTENT (INCLUDING AI OUTPUTS, MAPS, EXPENSE BALANCES, USER CONTENT, OR THIRD-PARTY DATA) WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (D) THE SERVICE WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR RESULT; OR (E) ANY DATA YOU STORE WILL NOT BE LOST OR CORRUPTED. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP YOUR DATA.
YOU USE THE SERVICE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY, TRAVEL DOCUMENTS, INSURANCE, COMPLIANCE WITH LOCAL LAW, AND INTERACTIONS WITH OTHER USERS AND THIRD PARTIES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS. IN THOSE JURISDICTIONS, DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED, AND THE DURATION OF ANY IMPLIED WARRANTY THAT CANNOT BE DISCLAIMED IS LIMITED TO THE SHORTER OF THIRTY (30) DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED BY LAW.
15. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OPERATOR AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION; OR COST OF SUBSTITUTE SERVICES; OR LOSS OF BOOKINGS, DEPOSITS, OR PAYMENTS BETWEEN USERS; OR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM TRAVEL OR THIRD-PARTY SERVICES; ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, USER CONTENT, AI OUTPUTS, TRIP DISPUTES, THIRD-PARTY SERVICES, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID DIRECTLY TO US (NOT TO APPLE, GOOGLE, OR OTHER PLATFORMS, EXCEPT WHERE MANDATORY LAW REQUIRES OTHERWISE) FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR (B) FIFTY U.S. DOLLARS (US $50). IF YOU HAVE PAID NOTHING TO US, OUR TOTAL LIABILITY WILL NOT EXCEED US $50.
THE LIMITATIONS IN THIS SECTION ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US, AND WE WOULD NOT PROVIDE THE SERVICE WITHOUT THEM. MULTIPLE CLAIMS WILL NOT EXPAND THE CAP.
NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER MANDATORY LAW (FOR EXAMPLE, LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE WHERE SUCH LIMITATION IS PROHIBITED, OR FRAUD OR WILLFUL MISCONDUCT WHERE SUCH LIMITATION IS PROHIBITED). IN SUCH CASES, LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED.
16. Indemnification
You will defend, indemnify, and hold harmless the Operator and its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to: (a) your User Content; (b) your use or misuse of the Service; (c) your violation of these Terms or law; (d) your interactions or disputes with other users or third parties (including unpaid trip balances, deposits, and commitments); (e) your bookings or reliance on AI, map, itinerary, or expense information; (f) your infringement or misappropriation of third-party rights; or (g) your negligence or willful misconduct.
We may assume exclusive defense and control of any matter subject to indemnification (at your expense). You will cooperate fully and will not settle any claim without our prior written consent if the settlement imposes any obligation on us or admits any wrongdoing by us.
17. Suspension and termination
You may stop using the Service at any time and may request account deletion as described in the Privacy Policy. Deletion does not entitle you to refunds except where mandatory law or platform rules require them.
We may suspend or terminate your access immediately, with or without notice and without liability, if we reasonably believe you violated these Terms, create risk or legal exposure for us or others, fail to pay fees, abuse the Service, or if we discontinue the Service in whole or part. We may also modify, throttle, or discontinue any feature at any time.
Upon termination, your license ends and you must cease use. We may delete or disable access to your account and User Content, subject to the Privacy Policy and legal retention. Sections that by their nature should survive (including ownership, licenses granted to us, disclaimers, limitations of liability, indemnity, assumption of risk and releases, dispute resolution, claim periods, and miscellaneous) will survive termination.
18. Limitation of claims
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUED; OTHERWISE IT IS PERMANENTLY BARRED. IF APPLICABLE LAW PROHIBITS SHORTENING THE LIMITATIONS PERIOD, THE SHORTEST PERIOD PERMITTED BY LAW APPLIES.
19. Governing law; disputes; arbitration; class waiver
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Delaware, United States of America, without regard to conflict-of-law principles, except that the Federal Arbitration Act (and related federal arbitration law) governs the interpretation and enforcement of the arbitration agreement below to the fullest extent applicable.
Informal resolution (required). Before filing a claim, you agree to try to resolve the dispute informally by emailing hello@weareatlas.ai with your name, the email on your account, a detailed description of the dispute, and the relief sought. If not resolved within thirty (30) days after we receive a complete notice, either party may proceed as below. This informal process is a condition precedent to arbitration or litigation to the maximum extent permitted by law.
Binding individual arbitration. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE (INCLUDING FORMATION, INTERPRETABILITY, VALIDITY, PERFORMANCE, OR TERMINATION) WILL BE RESOLVED EXCLUSIVELY BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES (OR COMMERCIAL RULES IF CONSUMER RULES DO NOT APPLY), AS MODIFIED BY THESE TERMS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. THE SEAT OF ARBITRATION WILL BE IN THE STATE OF DELAWARE, U.S.A., UNLESS THE AAA RULES OR MANDATORY LAW REQUIRE OTHERWISE; HEARINGS MAY BE REMOTE WHERE RULES ALLOW. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. THE ARBITRATOR HAS EXCLUSIVE AUTHORITY TO RESOLVE DISPUTES RELATING TO THE INTERPRETATION, APPLICABILITY, OR ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, EXCEPT THAT A COURT MUST DECIDE THE ENFORCEABILITY OF THE CLASS-ACTION WAIVER.
Class action and mass arbitration waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. YOU AND WE ALSO AGREE NOT TO SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ARBITRATION, COORDINATED ARBITRATION, OR MASS ARBITRATION. IF THIS WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REMEDY, THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST PROCEED IN COURT AND BE SEVERED FROM ARBITRATION.
Exceptions. Either party may seek temporary, preliminary, or permanent injunctive or other equitable relief in court for actual or threatened infringement, misappropriation, or violation of intellectual property or proprietary rights, or for unauthorized access or abuse of the Service, without posting a bond where permitted. Either party may bring an individual action in small claims court if it qualifies. If arbitration is not permitted for you under mandatory law, exclusive venue for court actions will be the state or federal courts located in the State of Delaware, United States of America, and you consent to personal jurisdiction there, subject only to any non-waivable consumer venue rights.
Jury trial waiver. TO THE EXTENT A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Fees. Each party bears its own arbitration costs except as AAA rules or mandatory law require otherwise. If we prevail in any action to enforce these Terms, we may recover reasonable attorneys’ fees and costs to the maximum extent permitted by law. If you prevail on a non-frivolous claim, applicable law or AAA rules may entitle you to fees.
Severability of dispute terms. If any part of this Section 19 is found unenforceable, the remainder remains in effect. If the class waiver is found unenforceable and a class proceeding is allowed to proceed, this arbitration agreement is null and void in its entirety as to that proceeding only.
20. Export, sanctions, and anti-corruption
You may not use or access the Service if you are located in a jurisdiction subject to comprehensive U.S. (or other applicable) sanctions, or if you are on any U.S. or other applicable restricted-party list. You agree to comply with export control, sanctions, and anti-corruption laws. You will not use the Service to facilitate prohibited transactions or to benefit sanctioned parties.
21. Apple-specific terms
If you access the Service via an application from the Apple App Store, you acknowledge and agree that: (a) these Terms are between you and the Operator only, not Apple Inc. (“Apple”); (b) Apple has no obligation to furnish maintenance or support for the app; (c) to the extent any warranty applies and is not effectively disclaimed, and you paid Apple for the app, Apple’s sole warranty obligation upon notice of failure to conform is refund of the app purchase price (if any), and to the maximum extent permitted by law Apple has no other warranty obligation; (d) Apple is not responsible for addressing claims relating to the app or your possession/use of it, including product liability, legal/regulatory failure to conform, and consumer protection claims; (e) in the event of a third-party claim that the app infringes intellectual property rights, the Operator (not Apple) will be solely responsible for investigation, defense, settlement, and discharge as required by these Terms; (f) Apple and its subsidiaries are third-party beneficiaries of this section and, upon your acceptance, may enforce it against you; and (g) you represent you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting,” and you are not listed on any U.S. Government list of prohibited or restricted parties.
You must also comply with applicable third-party terms when using the app (for example, wireless data agreements).
22. Google Play and other stores
If you obtained an application from Google Play or another app marketplace, you acknowledge that the marketplace provider is not responsible for support, warranties (beyond any non-excludable obligations), or claims relating to the app, to the maximum extent permitted by that provider’s terms and applicable law. These Terms are between you and us, not the marketplace provider, except for any third-party beneficiary rights required by that provider.
23. Changes to the Terms
We may modify these Terms from time to time. We will post the updated Terms with a new “Last updated” date and, where required by law, provide additional notice (for example in-app or by email). Except where mandatory law requires otherwise, changes become effective when posted. If you continue to use the Service after the effective date, you accept the revised Terms. If you do not agree, stop using the Service and delete your account before the effective date. No modification by you is valid unless we agree in a signed writing.
24. Miscellaneous
- Entire agreement. These Terms, the Privacy Policy, the EULA (for app installs), and any additional terms we present for specific features constitute the entire agreement between you and the Operator regarding the Service and supersede all prior or contemporaneous agreements, proposals, and communications on the subject (including any purchase order or vendor terms you propose, which are rejected).
- Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed, and the remaining provisions will remain in full force.
- Assignment. You may not assign or transfer these Terms or any rights hereunder without our prior written consent; any attempted assignment is void. We may assign these Terms freely without restriction, including in connection with a merger, acquisition, corporate reorganization, financing, or sale of assets, or by operation of law. These Terms bind and benefit permitted successors and assigns.
- No waiver. Failure to enforce a provision is not a waiver of the right to do so later. Any waiver must be in writing to be effective and applies only to the specific instance.
- Force majeure. We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages, network or utility failures, epidemics, pandemics, government actions, or failures of third-party providers.
- No third-party beneficiaries. Except as expressly stated (including Apple and other marketplace providers as beneficiaries of the relevant sections, and indemnified parties under the indemnity), these Terms do not create third-party beneficiary rights.
- Relationship. Nothing in these Terms creates a partnership, joint venture, employment, fiduciary, or agency relationship between you and us.
- Equitable relief. You acknowledge that breach of license restrictions, IP provisions, or security-related obligations may cause irreparable harm for which monetary damages are inadequate, and we are entitled to seek injunctive or other equitable relief without posting a bond to the extent permitted by law.
- Headings. Headings are for convenience only and do not affect interpretation.
- Interpretation. “Including” means “including without limitation.” References to “sections” are to these Terms. No rule of construction against the drafter applies.
- Notices. We may provide notices via the Service, email to your account email, or by posting to https://weareatlas.ai. Notices to us must be sent to hello@weareatlas.ai (and are deemed received when we confirm receipt, except for legal process which must also comply with applicable law).
- Electronic communications. You consent to receive electronic communications from us and agree that electronic agreements, notices, and records satisfy any legal writing requirement.
- Controlling language. These Terms are drafted in English. English controls over any translation.
- Government users. If you are a U.S. government end user, the Service is a “commercial item” provided with only those rights set forth in these Terms.
25. Contact
Questions about these Terms: hello@weareatlas.ai
Support: hello@weareatlas.ai
Website: https://weareatlas.ai
