Atlas Client Terms of Service

These terms of service (“Terms of Service”) outline the terms and conditions for the use of the services described herein and offered by Atlas Development (“Service Provider” or “us”) via its website atlasclient.net, any of its sub-domains and related applications.

Please read these Terms of Service carefully before using the service. By using the service, you are regarded to be bound by the Terms of Service, and you further state that you have read, understood and fully agree to the Terms of Service. If you object to any of the provisions in the Terms of Service, you may not use the service. These Terms of Service form a binding legal agreement between Service Provider and each user of the service (“User”).

1. ACCESS TO THE CLIENT, TERMS OF LICENSE

   1. Subject to payment of a fee stated in Section 3, the Service Provider shall grant the User access to the Service Provider’s software “Atlas Client Premium” (the “Client”). The Client is the paid version of Atlas Client, https://atlasclient.net/. Upon payment, access is granted to use the Client and any updates, patches, or upgrades.

   2. The Service Provider grants to the User a personal, non-exclusive, non-assignable and non-transferable license to download and use the Client for its intended purpose on one single device, of which the User is a primary or authorized user. For the sake of clarity, no transfer of any intellectual property takes place under these Terms of Service, i.e. in offering access and licenses to the Client, the Service Provide maintains and retains full rights to any of its intellectual property regarding the Client or otherwise.

   3. Any use of the Client contravening its intended purpose is strictly prohibited. Without any limitations to the aforementioned, the unauthorized copying, transferring, “mirroring” or publication of the Client, including, without limitation, software that has been modified, merged or included with the Client, or the materials associated therewith, is expressly forbidden. The User may not sublicense, assign, or transfer this license nor the Client. The User agrees not to copy or duplicate or permit anyone else to copy or duplicate any part of the Client, or create or attempt to create, or permit others to create or attempt to create, by reverse engineering, decompiling or otherwise, the source program or any part thereof from the object programs or from other information available to the User. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license is void. Any breach of this section or the Terms of Service in general may result in the Service Provider terminating the license without prior notification to the Client and demanding compensation for any damages caused to the Service Provider due to the breach of these Terms of Service.

   1. The User acknowledges and agrees that the Service Provider has the right to implement safeguards to verify the use of Client in accordance with the Terms of Service. Such safeguards may, inter alia, include the use of hardware ID verification systems. Any attempts to circumvent or spoof such safeguards may result in the Service Provider terminating the license without prior notification to the Client and demanding compensation for any damages caused to the Service Provider due to such circumvention or spoofing attempt.

2. PRICING AND PAYMENT

   1. For receiving access to the Client, the User shall pay to the Service Provider a monthly recurring fee in the amount displayed in the Stripe payment page. Access to the Client will be granted upon receipt of the entire fee. Payments can be made via Stripe.

   2. We may revoke access to the Client and suspend licenses temporarily if we have not received a recent monthly fee.

3. REFUNDS

   1. Except as expressly provided herein, all fees are non-refundable.

   2. The User is entitled to a refund in case the licensed Client is fully unusable, and the User has notified the Service Provider within 5 business days of payment and the licensed Client cannot be restored during a reasonable time, which in any case shall be at least 5 business days. To avoid confusion, no refunds will be made in case the circumstances described in Section 6 arise.

4. DISCLAIMER

   1. The Client is provided on an “as is” and “as available” basis, with no further warranties regarding the availability, accuracy or functionality of the Client. While we seek to deliver a quality product and release versions of the Client have been extensively tested, we cannot guarantee that the Client always has full or anticipated functionality due to the diversity of hardware and software environments.

5. LINKS

   1. The Service may provide links or reference to other websites (collectively, "Linked Sites"). While the Service Provider endeavors to provide links only to those websites that are reputable and safe, to the fullest extent permitted by law, the Service Provider shall not be responsible for the information, products or services obtained from Linked Sites and shall not be liable for any damages arising from the Customer’s or Users’ access to or use of Linked Sites. Linked Sites are provided as a convenience and any inclusion of links or frames in the Services does not imply an endorsement of the Linked Sites or their content. From some parts of the Service it may be possible to order services or products from third parties. To the fullest extent permitted by law, the Service Provider is not responsible for information or activities when such features are used.

6. TERMINATION OF SERVICES

   1. The Service Provider has at all times the right to discontinue the provision of any services in connection with the Client at any time by publishing a respective notice on its website. In such case, the Users do not have a right for a partial nor full refund.

   2. The Service Provider has the right to in part or in full terminate the license and any provision of services regarding the Client and otherwise (this includes limiting or denying access to the Client) with respect to a User without any prior notice nor the obligation to make any refunds nor pay any compensation (unless otherwise expressly stated below) in case the User:

      1. has shared its user account or access to the Client with any third person;

      2. has accessed or attempted to access the Client in multiple hardware devices under one license;

      3. has violated or attempted to violate the restrictions and prohibitions set out in Section 1.3;

      4. has attempted to circumvent or spoof the safeguards put in place under Section 1.4;

      5. has paid a fee for the Client without the permission of the account holder, and such payment is subject to a chargeback, refund or other similar;

      6. without the foregoing having any limiting effect, has in any other way breached or violated these Terms of Service.

7. LIABILITY

   1. The liability of the Service Provider is limited to the fullest extent permitted by applicable law. Unless otherwise specified in these Terms of Service, the Service Provider shall not be liable for any loss or damage suffered by the User or any third party, unless it results from the Service Provider’s negligence. The Service Provider shall only be liable only for direct damages (i.e. any liability for any lost profit, lost revenue or other similar consequential damage is excluded) and the aggregate liability of the Service Provider shall be limited to the total amount of any fees paid by the User for the services offered by us. The limitations on liability set out herein do not apply in case the Service Provider’s breach is due to gross negligence or of a willful nature.

   2. The Service Provider is not liable for any breach, including delays, failure in performance or interruption of services regarding the Client and otherwise, where such arise directly or indirectly from abnormal and unforeseeable circumstances beyond the control of the Service Provider, the consequences of which would have been unavoidable despite all efforts, or where the breach is due to the application of imperative legal rules or any restrictions arising from the terms of use of third party software.

   3. To the extent allowed under the applicable law, the User shall indemnify, defend, and hold the Service Provider harmless from and against all claims and damages filed or incurred by any third party arising out of a breach by such User of any warranty, representation, or obligation under these Terms of Service.

8. PERSONAL DATA

   1. The User acknowledges that the Service Provider may process personal data in relation to the performance of the service. Processing and protection of personal data is regulated under the Privacy Policy and is hereby incorporated by this reference into these Terms of Service. In accordance, the User represents and warrants that they have read and understood the Privacy Policy.

9. SEVERABILITY

   1. Invalidity, nullity or unenforceability of any single provision of the Terms of Service does not affect the validity or enforceability of any other provisions. In case the parties detect an invalid provision, the parties will substitute it with an enforceable provision that approximates the intent and economic effect of the affected provision.

10. CHANGES TO THESE TERMS OF SERVICE

    1. We have the discretion to update these Terms of Service at any time. When we do, we will revise the updated date at the bottom of this page. We encourage you to check this page frequently for any changes to these Terms of Service. You acknowledge and agree that it is your responsibility to review these Terms of Service periodically and become aware of modifications.