Terms of Service

Updated 1 week ago by Peter Li

THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

THESE TERMS OF USE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

These Terms of Use (the "Terms") govern your use of Atlas Wearables, Inc., and its affiliates and subsidiaries, (collectively, "Atlas") service available through Atlas’s software applications, including, but not limited to, the application entitled ["Atlas"] (each, an "App" and collectively, the "Apps") that, together with Atlas’s wearable device (collectively the activity tracker are the "Atlas Wristband") keeps track of certain [biometric information during your work outs and everyday life] (collectively, the functionality provided by the App and Atlas Wristband are the "Service"). By downloading and installing the App or registering for or using the Service, you acknowledge that you have read and understood these Terms and you agree to be bound by these Terms. If you do not understand these Terms or you do not agree to be bound by these Terms then you are not permitted to download the Apps or use all or any portion of the Service in any way.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING THE SERVICE, OR ANY PORTION THEREOF, CLICKING ON THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, OR DOWNLOADING THE APP, YOU REPRESENT THAT (1) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH ATLAS, AND (2) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU REPRESENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU DO NOT HAVE PERMISSION AND YOU YOU MAY NOT DOWNLOAD THE APP OR USE THE SERVICE.

  1. Registration
    1. You must register and create an account ("Account") to use certain features of the Service. When you set up your Account, you will be required to create log-in credentials by providing certain types of personal information ("Login Credentials"). For more information on the types of personal information we will collect in order to create your Login Credentials, please review our Privacy Policy. You are responsible for maintaining the confidentiality of your Login Credentials, and are solely responsible for all activities that occur using your Login Credentials. You agree not to allow a third party to use your Login Credentials at any time. Atlas reserves the right to terminate any username and password, which Atlas reasonably determines may have been used by an unauthorized third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND YOU WILL BE RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
    2. Social Networking Accounts. You may also link your Account with certain third party social networking services, including Facebook, (a "SNS Account") by either (1) providing your SNS Account login information to Atlas; or (2) allowing Atlas to access your SNS Account, if either or both methods of access are permitted under the applicable terms and conditions that govern your use of each SNS Account. You represent that you are entitled to disclose your SNS Account login information to Atlas and grant Atlas access to your SNS Account without breach by you of any of the terms and conditions that govern your use of the applicable SNS Account and without obligating Atlas to pay any fees or making Atlas subject to any usage limitations imposed by such third party service providers. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SOCIAL NETWORKING SERVICE PROVIDERS ASSOCIATED WITH YOUR SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENTS WITH SUCH SOCIAL NETWORKING SERVICE PROVIDERS.
  2. Licenses and Restrictions
    1. Application License. Subject to the terms and conditions herein and in consideration of the rights to use the Service granted by Atlas to You, Atlas grants you a personal, revocable, limited, non-transferable, non-sublicensable license to use the App on either (1) any iPhone, iPad, or iPod Touch that you own or control, or (2) any Android-enabled mobile device that you own or control. With respect to any App accessed through or downloaded from the Apple App Store, Google Chrome Web Store, Google Play marketplace, or any similar store or marketplace (each, an "App Store" and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g. Apple App Store’s "Usage Rules") (the "Usage Rules").
    2. Firmware License. Subject to the terms and conditions herein, Atlas grants you a personal, revocable, perpetual, limited, non-sublicensable license to use the software embedded in the Atlas Wristband ("Firmware") in object code form only, solely for and as necessary to use the Atlas Wristband for your personal, non-commercial use.
    3. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (1) you shall not license, sell, rent, lease, transfer, assign, reproduce, communicate to the public, distribute, host, or otherwise commercially exploit the Apps, Firmware, or Services (collectively, the "Atlas Properties") or any portion of the Atlas Properties; (2) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Atlas Properties (including images, text, page layout, or form) of Atlas; (3) you shall not use any metatags or other "hidden text" using Atlas’s name or trademarks; (4) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Atlas Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (5) you shall not access the Atlas Properties in order to build a similar or competitive application or service; (6) except as expressly stated herein, no part of the Atlas Properties may be copied, reproduced, communicated to the public, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; and (7) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Atlas Properties. Any unauthorized use of the Atlas Properties terminates the licenses granted by Atlas pursuant to these Terms.
    4. Updates. All updates and upgrades to the App and Firmware will be governed by the version of these Terms published by Atlas as of the date you install such update or upgrade. You agree, however, that we are not obligated to create or provide any support, corrections, updates, upgrades, bug fixes, or enhancements of the App, Firmware, or for the Service. Any rights not expressly granted herein are reserved.
  3. Ownership Rights and License. As between you and Atlas, the Atlas Properties, including any design, layout, logo, text, code, and graphics contained within the App and Firmware (the "Atlas Content") is, and shall remain the sole property of Atlas, and is subject to protection under U.S. and foreign copyright laws. Other trademarks, logos, and images that are available in connection with the Service are the property of their respective owner (each an "Owner"), which may or may not be affiliated with, connected to, or sponsored by Atlas.
  4. Unauthorized Applications. You understand that the Services, including, but not limited to, the Atlas Wristband and App, are not designed, intended, authorized, or warranted to be suitable for use in the following "Unauthorized Applications": primary health monitoring, life support applications, devices or systems; direct life support machines; military or space equipment requiring radiation hardened components; and Enhanced 911 or the E911 emergency calling systems. You warrant that you will not use the Services for or with any Unauthorized Applications, and you further agree to, without limitation, defend, indemnify, and hold harmless Atlas from and against any and all claims, suits, actions, proceedings, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or in connection with your breach of this Section 4 (Unauthorized Applications) of these Terms. You further acknowledge and agree that Atlas has no obligation to monitor your use of the Services or any vital signs, or biometric information, or any other information uploaded by or through the Services to Atlas’s servers, and that the Atlas has no obligation to take any action in response to such information.
  5. Product Warranties and Returns. Atlas provides certain limited warranties for the Atlas Wristband as set forth on the Atlas Warranty Page, which is incorporated herein by reference. In the event the Atlas Wristband does not conform to the limited warranties set forth therein, Atlas will provide you the remedy set forth on the Warranty Page.
  6. No Warranty. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE ATLAS PROPERTIES IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ATLAS PROPERTIES, AND ANY ATLAS CONTENT, ARE PROVIDED TO YOU "AS IS," "WHERE IS," "AS AVAILABLE," AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ATLAS HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE ATLAS PROPERTIES, AND ANY ATLAS CONTENT, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE AND ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, ACCURACY, AND QUIET ENJOYMENT. ATLAS DOES NOT WARRANT THAT THE ATLAS PROPERTIES, AND ANY ATLAS CONTENT OR USER CONTENT, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE ATLAS PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ATLAS PROPERTIES WILL BE CORRECTED, OR THAT THE SERVICE WILL BE AVAILABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ATLAS OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS, OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU. WHERE LEGISLATION IN A JURISDICTION IMPLIES IN THE TERMS ANY CONDITION OR WARRANTY THAT CANNOT BE EXCLUDED, ATLAS’S LIABILITY FOR BREACH THEREOF SHALL BE LIMITED AT ATLAS’S OPTION TO ONE OR MORE OF THE FOLLOWING: (1) WHERE THE BREACH OF THE CONDITION OR WARRANTY RELATES TO GOODS, THE REPLACEMENT OR REPAIR OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS, OR PAYMENT OF THE COST OF DOING SO; AND (2) WHERE THE BREACH OF THE CONDITION OR WARRANTY RELATES TO SERVICES, THE SUPPLY OF SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING THEM SUPPLIED AGAIN.
  7. No Medical Advice. ATLAS DOES NOT OFFER MEDICAL ADVICE. ANY CONTENT ACCESSED THROUGH THE ATLAS PROPERTIES ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, DRUG INTERACTIONS, OR ADVERSE EFFECTS. THE CONTENT SHOULD NOT BE USED DURING A MEDICAL EMERGENCY OR FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. PLEASE CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION, OR BEFORE TAKING ANY DRUG, CHANGING YOUR DIET, OR COMMENCING OR DISCONTINUING ANY COURSE OF TREATMENT. DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION ACCESSED THROUGH THE ATLAS PROPERTIES. CALL 911 OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCIES.
  8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ATLAS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE ATLAS PROPERTIES, ANY ATLAS CONTENT OR ANY INFORMATION AVAILABLE ON OR THROUGH THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ATLAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Atlas’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the greater of: (1) the amounts paid by you to Atlas during the twelve (12) months immediately preceding the events or omissions giving risk to such damages, or (B) the amount of one hundred U.S. dollars ($100.00). The foregoing limitations will apply even if the above stated remedy or any other remedy set forth in these Terms fails of its essential purpose.
  9. Release. You hereby release Atlas, its affiliates, an subsidiaries, and each of their successors, from claims, demands, any and all losses, damages, rights, and actions of any kind, including, but not limited to, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Atlas Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
  10. 10.Feedback. You agree that submission of any ideas, suggestions, documents, or proposals to Atlas through its suggestion, feedback, wiki, forum, or similar pages ("Feedback"), which exist now or which may exist in the future, is at your own risk and that Atlas has no obligations (including, without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. In consideration of the rights to use the Service granted herein, You hereby grant to Atlas a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Atlas Properties.
  11. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Arbitration Agreement carefully. It is part of your contract with Atlas and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
    1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms and any applicable supplemental terms or the use of the Service that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this arbitration agreement. This arbitration agreement applies to you and Atlas, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized and unauthorized users or beneficiaries of the Services provided pursuant to these Terms.
    2. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written notice of dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Atlas should be sent to: 2110 White Horse Trail, G Unit, Austin, TX 78757. After the Notice is received, you and Atlas may attempt to resolve the claim or dispute informally. If you and Atlas do not resolve the claim or dispute within 30 calendar days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
    3. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including, but not limited to, the method of initiating and demanding arbitration, except to the extent such rules are in conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (USD $10,000.00 ) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (USD $10,000.00) or more, the right to a hearing will be determined by the arbitration rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Atlas made to you prior to the initiation of arbitration, Atlas will pay you the greater of the award or $2,500. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.
    4. Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online, or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
    5. Time Limits. If you or Atlas pursue arbitration, the arbitration action must be initiated and demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
    6. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Atlas, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Atlas.
    7. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under these Terms. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Atlas in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ATLAS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
    8. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
    9. Confidentiality. All aspects of the arbitration proceeding, including, but not limited to, the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This section shall not prevent a party from submitting to a court of law any information necessary to enforce these Terms, to enforce an arbitration award, or to seek injunctive or equitable relief.
    10. Severability. If any part or parts of this arbitration agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this arbitration agreement and these Terms shall continue in full force and effect.
    11. Right to Waive. Any or all of the rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this arbitration agreement or these Terms.
    12. Survival of Agreement. This arbitration agreement will survive the termination of your relationship with Atlas.
    13. Small Claims Court. Notwithstanding the foregoing, either you or Atlas may bring an individual action in small claims court.
    14. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek and obtain emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this arbitration agreement.
    15. Claims Not Subject To Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.
    16. Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within the Province of Quebec, in the judicial district of Montreal, for such purpose. Your access to and use of the Services are governed and interpreted by the laws of the [State of Texas], other than such laws, rules, regulations, and case law that would result in the application of laws of a different jurisdiction other than the laws of the [State of Texas].
  12. 12.Application Store Additional Terms and Conditions. The following additional terms and conditions apply to you if you are using an App from an App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 11 (Application Store Additional Terms and Conditions) of these Terms, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to Apps from the App Store.
    1. Acknowledgement. Atlas and you acknowledge that these Terms are concluded between Atlas and you only, and not with any App Store. Atlas, not the App Store, is solely responsible for the App and the content thereof. To the extent these Terms provide for usage rules for the App that are less restrictive than the Usage Rules as defined in these Terms, or otherwise are in conflict with the application store terms of service, the more restrictive or conflicting App Store terms of service or Usage Terms shall apply, as applicable.
    2. Scope of License. As further described in these Terms, the license granted to you for the App is limited to a non-transferable license to use App on either an iOS or Android device that you own or control and as permitted by the Usage Rules.
    3. Maintenance and Support. Atlas is solely responsible for providing any maintenance and support services (if any) with respect to the App, as specified in these Terms, or as required under applicable law. Atlas and you acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
    4. Warranty. Atlas, and not the App Store, is responsible for product warranties, whether express or implied by law, as described in these Terms. If the App fails to conform to any applicable warranty, you may notify the App Store, and the App Store may refund the purchase price of the App to you; and to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Atlas’s responsibility.
    5. Product Claims. Atlas and you acknowledge that the App Store is not responsible for addressing any of your or any third party’s claims relating to the App or your possession or use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. These Terms limit Atlas’s liability to you beyond what is required under applicable law.
    6. Intellectual Property Rights. Atlas and you acknowledge that, in the event of any third party claim that the App or your possession and use of App infringes that third party’s intellectual property rights, the App Store will not be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
    7. Legal Compliance. You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
    8. Developer Name and Address. Atlas’s contact information for any questions, complaints, or claims with respect to App is set forth below.
    9. Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using App, if any.
    10. Third Party Beneficiary. You agree that the App Store (and its subsidiaries) is a third party beneficiary of these Terms and will have the right to enforce these Terms.
  13. 13.Atlas Name and Address. Atlas’s contact information for any questions, complaints, or claims with respect to Atlas Properties is 2110 White Horse Trail, G Unit, Austin, TX 78757.
  14. 14.Indemnification. You agree to indemnify, defend, release, and hold harmless Atlas, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents from and against all damages, losses, and expenses arising directly or indirectly from (1) any negligent acts, omissions, or willful misconduct by you, (2) your use of the Atlas Properties, (3) any breach of these Terms by you, and (4) your violation of any law or of any rights of any third party.
  15. 15.Equitable Remedies. You hereby agree that if the terms of these Terms are not specifically enforced, Atlas will be irreparably damaged. Therefore, you agree that Atlas shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any of these Terms, in addition to any other available remedies.
  16. 16.Change to these Terms. These Terms are subject to change by Atlas in its sole discretion at any time and from time-to-time. When changes are made, Atlas will make a new copy of the Terms available at Atlas’s website at www.AtlasWearables.com (the "Website") and within the App. We will also update the "Last Updated" date at the bottom of these Terms. If we make any material changes to these Terms and you have an Account, we will send an email to you at the last e-mail address you provided to us pursuant to these Terms. Any changes to these Terms will be effective immediately for new users of the Atlas Properties and will be effective 30 calendar days after posting notice of such changes on the Website or App for existing users. Atlas may require you to provide consent to the updated Terms in a specified manner before further use of the App or the Services is permitted. If you do not agree to any changes after receiving a notice of such changes, you must stop using the Atlas Properties immediately and you are no longer authorized to use the Atlas Properties. Otherwise, your continued use of the Atlas Properties constitutes your acceptance of such changes. PLEASE REGULARLY CHECK THE WEBSITE AND APP TO VIEW THE THEN-CURRENT TERMS.
  17. 17.Termination. Atlas may cancel, suspend, or block your use of the Service without notice at any time and from time-to-time for any legitimate reason including, but not limited to, if there has been a violation of these Terms. Your right to use the Service will end once your Account is terminated, and any data you have stored within the Service may be unavailable later, unless Atlas is required to retain it by law. You may terminate your Account at any time. Atlas is not responsible or liable for any records or information that are made unavailable to you as a result of your termination of your Account. YOU AGREE THAT ATLAS WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICE. Any limitations on liability that favor Atlas will survive the expiration or termination of these Terms for any reason.
  18. 18.Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
  19. 19.Miscellaneous. Atlas’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.


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