We will post any changes to these terms of service in a notice of the change at the bottom of our web page with a hyperlink thereto. We will also send you an email describing such changes. Please regularly review these terms of service. Notwithstanding if you continue to use our services, you are bound by any changes that we make to these terms of service.
If you are unsure as to the terms of this Agreement, please do not proceed further and contact us at firstname.lastname@example.org.
Please read the terms contained in this agreement carefully to ensure that you understand each provision. Please note that these terms contain a binding and mandatory arbitration provision and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions and limits remedies available to you in the event of certain disputes.
Employee success is key to unlocking business success. Atomicwork is in the business of building software for employees, vendors, partners and internal teams like Human Resources, IT, Finance and Legal to work with each other and streamline their operations. Atomicwork is building an employee success platform that enables businesses to drive growth across the organization.
To be eligible to use our Website or Platform, you must meet the following criteria and represent and warrant that you: (a) are 18 years of age or older; (b) are not currently restricted from accessing our Website or Platform, or not otherwise prohibited from having an account, (c) are not our competitor, or are not using our Website or Platform for reasons that are in competition with us; (d) will only maintain one registered account at any given time; (e) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (f) will not violate any of our rights, including intellectual property rights such as patent, copyright, and trademark rights; and (g) agree to provide at your cost all equipment, browser software, and internet access necessary to use our Website or Platform.
Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable license to access and use our Website or Platform to: (a) download, install, and use our App for your use in accordance with this Agreement on any mobile device owned or otherwise controlled by you strictly in accordance with this Agreement, and (b) access, stream, download, and use on your mobile device our Website or Platform and content made available in or otherwise accessible through our Website or Platform, strictly in accordance with this Agreement.
You will not use, copy, adapt, modify, prepare derivative works based upon our Website or Platform, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website or Platform, except as expressly permitted in this Agreement. When using and accessing our Website or Platform, you need to make sure that your internet connection is adequate. You are solely responsible for your internet connection including and not limited to the applicable charges, rates, tariffs, and other fees that might apply.
You agree that we are not liable for any damages or injury resulting from your access or use of our website or platform. We provide no warranty of fitness for a particular purpose or warranty of merchantability. There is no warranty which will extend beyond the description on the face hereof. Any damage alleged for a loss or injury is limited to the fee, if any, paid to atomicwork for the ability to access or use our website or platform.
You agree that our Platform, including but not limited to the Website, graphics, trademarks, and editorial content, contains proprietary content, information, and material, which are owned by Atomicwork and/or our licensors, including our customers, brands and agencies, and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for your permitted use of our Platform or in any manner that is inconsistent with the terms contained in this Agreement.
You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Website or Platform, in any manner, and you will not exploit our Website or Platform in any unauthorized way whatsoever, including but not limited to, using our Website or Platform to transmit any computer viruses, worms, Trojan horses or other malware, or by trespassing or burdening network capacity. You further agree not to use our Website or Platform in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using our Website or Platform.
You acknowledge and agree that our Website and Platform are provided for your use. Except to the extent necessary to access and use our Website or Platform, nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to our Website or Platform, whether expressly, by implication, estoppel, or otherwise. Atomicwork and its licensors and service providers reserve and will retain their entire right, title, and interest in and to our Website and Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
As a condition to access our Website or Platform, you agree to this Agreement and to strictly observe the following:
You understand and agree that you may receive information and push notifications from Atomicwork via email, our App, text message on your mobile device, or calls to your mobile number. You hereby consent to receive communications via email, our App, text message on your mobile device, or calls to your mobile number. You acknowledge that you may incur additional charges or fees from your wireless provider for these communications, including text message charges and data usage fees, and you acknowledge and agree that you are solely responsible for any such charges and fees and not Atomicwork.
There is a subscription fee for accessing and using our Website, App, and Platform. In the event that we modify the subscription fee in the future, we will communicate such modification to you as per the procedure detailed under Section 18 or as otherwise specified in another agreement between Atomicwork and you.
You agree to indemnify, defend, and hold Atomicwork and our officers, employees, managers, directors, customers, and agents (the “Indemnitees”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against Atomicwork and our Indemnitees arising from any of the following: (i) a breach of this Agreement; (ii) the negligence, fraud, or willful misconduct of you or your employees, agents, or contractors; (iii) incorrect information provided by you in your account or elsewhere; or (iv) a failure by you or your employees, agents, contractors or invitees to comply with applicable laws and regulations.
Your access to and use of our Website and Platform or any content are at your own risk. You understand and agree that our Website and Platform are provided to you on an “as is” and “as available” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, We disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of our Website and Platform or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of our Website and Platform or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by our Website and Platform; and (iv) whether our Website and Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through our Website and Platform, will create any warranty or representation not expressly made herein.
Atomicwork does not review, verify, revise, endorse, or otherwise approve any content created or posted by our users, and communicated to other users or third parties via our website or platform, but Atomicwork will remove content that violates any laws or this agreement. Under no circumstances will Atomicwork be liable in any way for any content created or posted by our users for, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of such content. The content is solely created by our users, and Atomicwork specifically disclaims any and all role whatsoever with respect to the creation or posting of such content.
You acknowledge and agree that, in no event will Atomicwork be liable to you or any third party for any indirect, punitive, exemplary, incidental, special, or consequential damages whether in contract, tort (including negligence), or otherwise arising out of this Agreement, or the use of, or the inability to use, our Website and Platform, including, without limitation, any information made available through our Website and Platform pursuant to this Agreement. In the event the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, then the maximum liability for all claims of every kind will not exceed one times (1x) the aggregate of payments received under this Agreement. The foregoing limitation of liability will cover, without limitation, any technical malfunction, computer error or loss of data, and any other injury arising from the use of our Website and Platform. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that Atomicwork may not disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Atomicwork’s liability will be the minimum permitted under applicable law.
You may terminate this binding legal Agreement with Atomicwork by providing thirty (30) days prior written notice, with a possible termination charge.
All sections, which by their nature and context are intended to survive the termination of this Agreement, will survive.
If you believe that any content on our Website and Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.
Atomicwork’s Copyright Agent to receive DMCA Takedown Notices is Atomicwork Support Team, email@example.com, at Atomicwork Inc., Attn: DMCA Notice, 355 Bryant Street; Suite 403; San FrNancisco, CA 94107. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Atomicwork in connection with the written notification and allegation of copyright infringement.
This Agreement is only for your benefit. You shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.
You agree not to promote, approach, use, distribute, transfer, provide, sub-license, share with, or otherwise offer our Website and Platform in violation of any laws or this Agreement, including, without limitation, the United States Foreign Corrupt Practices Act, the UK Bribery Act and similar anti-corruption statutes in all jurisdictions. Without limiting the foregoing, you will not knowingly directly or indirectly export, re-export, transfer, make available or release (collectively, “Export”) our Website and Platform to any destination, person, entity or end-use prohibited or restricted under the US law without prior US government authorization to the extent required by the applicable export control regulations, including without limitation, to any parties listed on any of the denied parties lists or specially designated nationals lists maintained under the Export Administration Regulations or the Security, and the Foreign Asset Control Regulations (31 CFR 500 et seq.) administered by the US Department of Treasury, Office of Foreign Assets Control without appropriate US government authorization to the extent required by the applicable regulations.
We will post any changes to these Terms of Service in a notice of the change at the bottom of our web page with a hyperlink thereto. We will also send you an email describing such changes. Please regularly review these terms of service. Notwithstanding if you continue to use our services, you are bound by any changes that we make to these Terms of Service.
The parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint ventures, shareholders, employer/employee, or agent/servant. The User has no power or authority to bind Atomicwork to any obligation, agreement, debt or liability. The User shall not hold itself out as an agent or representative of Atomicwork.
This Agreement shall be governed by the law of the State of Delaware, without respect to its conflicts of laws principles. Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County, California for any actions not subject to Dispute Resolution and Arbitration provisions as set forth in Section 22.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Atomicwork and limits the manner in which you can seek relief from us.