Terms of Use

3.1 License Grant

Subject to the Terms, Atato grants you a personal, limited, non-transferable, non-assignable, non-sublicensable, non-exclusive license during the term of the Agreement to use the Service for the duration of the Agreement.

3.2 License Restrictions

Except to the extent expressly permitted in the Agreement (or otherwise mandated under any law applicable to User ), User shall not, and shall not permit or encourage any third party to, do any of the following: (1) copy or reproduce the Service; (2) sell, assign, lease, lend, rent, distribute, or sublicense the Service ; (3) modify, alter, adapt, arrange, translate, decompile, disassemble, reverse engineer, or otherwise attempt to reconstruct, extract or discover the source code or non-literal aspects (such as, but not limited to, the underlying structure, sequence, organization, ideas, routines, facilities, and formats) of, the Service or any part; (4) remove, alter, or conceal, in whole or in part, any copyright, trademark, patent, or other proprietary legend, notice or designation displayed or contained on/in the Service; (5) circumvent, disable or otherwise interfere with security-related features of the Solution, or with features that prevent or restrict use of the Solution; (6) make a derivative work of the Service, or use the Service to develop any service or product that is the same as, substantially similar to, or competes directly or indirectly with the Service; (7) disclose to the public the results of any internal performance testing or benchmarking studies of/about the Service; (8) publish, transmit, or link to any robot, spider, crawler, virus, malware, Trojan horse, spyware, or similar malicious code or item intended (or that has the potential) to damage, disrupt, compromise, or exploit the Service; or (9) use the Service in any manner that violates law. 
No title to or ownership of any proprietary rights related to the Services is transferred to you pursuant to these Terms.

3.3 Intellectual Property

As between the parties, Atato is, and shall remain, the sole and exclusive owner of all Intellectual Property Rights in, to, and under the Services, as well as any upgrades to the foregoing and any deliverables provided pursuant to the performance of the Services. Any rights not expressly granted to the User under this Terms, are hereby reserved by Atato.
Content on the Services is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent.

3.4 Trademark

Atato grants you the right to use or display Atato’s trademark, logo, slogan, or service marks, provided that the User will take no action which is intended, or could reasonably be expected, to harm Atato or its reputation or which could reasonably be expected to lead to unwanted or unfavorable publicity to Atato. Atato reserves the right to revoke the said right at any time and at its sole discretion.

3.5 Indemnification

The User understands and agrees to hold and indemnify Atato and its subsidiaries, officers, agents, employees, service providers, and licensors harmless from any claim, action, or demand (including reasonable attorneys’ fees) arising out of or relating to the Account, the use of the Services or the breach of these Terms or any other third party right.
Atato will do its best effort to notify the User of any such claim, action, investigation, or demand that is subject to the User indemnification obligation.

3.6 Limitation of Liability

Atato is not liable for any unauthorized use of your Account or any third-party account which you use in connection with the Services provided.
Notwithstanding the terms of this Terms, in no event shall Atato, its subsidiaries, officers, agents, employees, representatives, partners, service providers or licensors be liable for any losses and damages resulting in but not limited to from the interruption or failure of the operation, lost profits, lost savings, loss of reputation, loss of goodwill, loss of Digital Asset, incidental, special, indirect, consequential, or punitive damages or claims arising out of or in connection with the Terms and Agreement. 
In no event will the aggregate and maximum liability of Atato its subsidiaries, officers, agents, employees, representatives, partners, service providers or licensors liability arising from or relating to these Terms or Agreement exceed the greater of: (a) SDG 100; or (b) the total amount paid by the User within 12 months before your claims arose. All liability shall end upon expiration of the applicable Agreement period, provided that the User may continue to enforce a claim for which it has given notice prior to that date by commencing an action or arbitration.
In some jurisdictions, the limitation or exclusion of incidental or consequential damages is not permitted. Should the User be part of these said jurisdictions, the clause 3.6 will not apply.

3.7 Publicity

User grants us the right to use User’s company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to User’s standard trademark usage guidelines as provided to us from time-to-time. We don’t want to list customers who don’t want to be listed, so the User may send us an email to [email protected] stating that it does not wish to be used as a reference.

3.8 Feedback

If User provides Atato or its affiliates with any feedback, comments, ideas, or suggestions regarding the Services (including modifications, enhancements, improvements or suggested changes to the Services, or any feature or function of the Services) (collectively, “Feedback”), The User hereby grants Atato a worldwide, exclusive, sub-licensable, assignable, transferable, perpetual, irrevocable, royalty-free, and fully-paid license to use, edit, distribute, create derivative works of, and otherwise fully exploit (without restriction) such Feedback for any use and purpose whatsoever.

3.9 Force Majeure

Neither us nor User will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, floods, acts of God, war, terrorism, and governmental action.

3.10 Taxes

Atato fees do not include any taxes, levies, duties, or similar charges imposed with respect to the performance of the Services (including but not limited to GST, VAT, or withholding taxes) (“Taxes”). You are responsible for paying all Taxes associated with your purchases.
In the case, Atato is responsible for paying or collecting your Taxes, Atato will invoice you and you shall pay Atato within seven (7) calendar days except if you provide a valid tax exemption. In the event where the law provided that you have to withhold Atato Taxes, you will provide reasonable assistance to Atato for submitting to us valid tax receipts and documentation evidencing your payment and in filing applications.

3.11 Updates

Unscheduled deployments of changes, updates, or enhancements to the Services may occur at any time and the sole discretion of Atato.
Functionalities or features may be added or removed by Atato provided that Atato notify the User.

3.12 Privacy Policy

Please refer to Atato Privacy Policy at www.atato.com/legal-privacy/ describing our commitments in maintaining the privacy of your personal data.

3.13 Confidentiality

Each party (“Recipient”) may have access to certain non-public or proprietary information and materials of the other party (“Discloser”), whether in tangible or intangible form (“Confidential Information”) during the performance of these Terms. Without derogating from any other obligation or restriction in these Terms, you shall treat the Services as Atato’s Confidential Information. Confidential Information shall not include information and material which: 
  (a) at the time of disclosure by Discloser to Recipient hereunder, is in the public domain; 
  (b) after disclosure by Discloser to Recipient hereunder, becomes part of the public domain through no fault of the Recipient; 
  (c) was rightfully in the Recipient’s possession at the time of disclosure by the Discloser hereunder, and which is not subject to a prior continuing obligation of confidentiality; 
  (d) is rightfully disclosed to the Recipient by a third party having the lawful right to do so; 
  (e) independently developed by the Recipient without the use of, or reliance upon, Confidential Information received from the Discloser as evidenced by internal documentation; or 
  (f) whose disclosure is required by law.

The Recipient shall use the Discloser’s Confidential Information solely for the purposes of Recipient exercising its rights and performing its obligations under these Terms. Recipient shall not disclose the Discloser’s Confidential Information to any third party, except to its employees, legal advisers, and other personnel who have a need to know such Confidential Information in order for Recipient to exercise its rights or perform its obligations under these Terms; provided, however, that such personnel is subject to substantially similar confidentiality undertakings as contained herein. The Recipient shall be primarily responsible for the acts and omissions of such personnel.

The Recipient shall take commercially reasonable measures, at a level at least as protective as those taken to protect its own Confidential Information of like nature (but in no event less than a reasonable level), to protect the Discloser’s Confidential Information from unauthorized use and disclosure.
In the event Recipient is required to disclose Discloser’s Confidential Information pursuant to any law, regulation, or governmental or judicial order, Recipient will: 
  (a) subject to compliance with legal requirements, promptly notify Discloser in writing of such law, regulation or order, 
  (b) reasonably cooperate with Discloser in opposing such disclosure, at the Discloser’s expense, and 
  (c) only disclose to the extent required by such law, regulation or order (as the case may be) as advised by Recipient’s legal counsel.
Each party acknowledges that in the event of a breach or threatened breach of this clause 3.13 by the Recipient, the Discloser may suffer irreparable harm or damage for which monetary damages will be inadequate, and the Discloser will, therefore, be entitled to seek injunctive relief and specific performance to enforce the obligations under this clause (without the need to post a bond).

3.14 Interruption

In case of technical (e.g. software update), technological factors, and any factor under or beyond our control, Atato may temporarily interrupt the Services. It is agreed that Atato is not liable for any loss and damage arising from such interruption. 
You agree to release Atato from any liability against such interruption or inability to access the Services.

3.15 Update Atato Terms

Atato may change these Terms from time to time. If Atato does, Atato will let you know by revising the date at the top of the document. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your account (if you have chosen to provide an email address) or by otherwise providing notice through our Services. We encourage you to review the Terms whenever you access or use our Services or otherwise interact with us. By continuing to use our Services after changes go into effect, you agree to be bound by the revision.

3.16 Suspension and Termination

Atato is entitled to suspend, restrict or cancel your Account and Services at any time and at its sole discretion, with or without cause, without incurring liability of any kind. 
The cause may be but is not limited to:
(a) breach of these Terms or the Agreement; (b) the misuse of the Services; (c) late payment exceeding fifteen (15) calendar days; (d) required by law or any court or other authority; or (e) any security issues.
Should the Agreement be terminated or expired, the User’s Account will be automatically closed provided that all Digital Asset has been transferred to your account. Any detail for termination or expiration will be described in the Agreement.

3.17 Disclaimers

ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ATATO ENTITIES DO NOT WARRANT AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR (a) UNINTERRUPTED, ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURITY OR ERROR FREE OF THE SERVICES OR ANY CONTENT (b). ATATO DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER WHILE ATATO ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, (c) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE OR ANY CONTENT; (d) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICE. ATATO DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.