These Terms of Service ("Terms") form a binding legal agreement between you and Atlas Operating Systems, governing your access to and use of the Atlas Systems website, waitlist, pre-order program, and software application (collectively, the "Service"). By creating an account, joining the waitlist, submitting a pre-order, or otherwise accessing or using the Service in any way, you accept these Terms in full. If you do not agree to these Terms, do not access or use the Service.
If you are accessing or using the Service on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.
You must be at least 18 years old and capable of forming a binding contract to use the Service. The Service is intended for business use by adults and is not directed at, marketed to, or intended for use by anyone under 18. By using the Service, you represent that you meet these requirements and that your use of the Service does not violate any law applicable to you.
Atlas Systems is currently in a pre-release phase. Features, functionality, and the product itself may change materially before general availability, and general availability is not guaranteed to occur on any particular date. Two pricing tiers are offered: Founding Pricing, available to customers who complete a pre-order before the Launch Date at a reduced rate intended to remain locked in for as long as the subscription remains active and uninterrupted under the conditions in Section 6; and Standard Pricing, available to any customer at any time, including automatically after the Launch Date. Both are real, currently billable commitments, not previews of a future price, and each is subject to the specific mechanics described below.
Founding pre-orders do not require creating an application account at the time of purchase — see Section 6. Where an account is required (for Standard Pricing, or once the application itself is available to Founding customers), you must provide accurate, current, and complete information, keep that information up to date, and are responsible for all activity that occurs under your account and for maintaining the confidentiality of your login credentials. You must notify us promptly of any unauthorized use of your account. We are not liable for any loss arising from your failure to safeguard your account credentials.
The Founding pre-order program lets you lock in Founding Pricing before the Service is generally available. The following terms govern that program specifically, and control over any conflicting general statement elsewhere in these Terms:
Standard Pricing is available to any customer at any time and is billed as a conventional recurring subscription: charged at the time of purchase for the first billing period, and automatically renewed at the same rate for each subsequent period (monthly, quarterly, or annually, depending on the plan selected) until canceled. Standard subscriptions do not carry the delayed-billing mechanics described in Section 6, which apply only to Founding pre-orders.
We may change Standard Pricing at any time; changes will apply prospectively to new purchases and, for existing Standard subscribers, will not take effect until your next renewal following at least 30 days' notice by email. Founding Pricing, once locked in under Section 6, is not subject to unilateral price increases by us for as long as the rate-lock conditions in Section 6 continue to be met.
You may cancel your subscription, including a Founding pre-order's underlying recurring subscription, at any time as described in our Refund & Cancellation Policy, which is incorporated into these Terms by reference. Cancellation stops future billing but does not, except as described in that policy, entitle you to a refund of amounts already charged, including the initial Founding pre-order charge.
All charges, including the one-time Founding pre-order charge and all recurring subscription charges, are non-refundable except as expressly set out in our Refund & Cancellation Policy or as required by applicable law. That policy is incorporated into these Terms by reference and controls in the event of any conflict on refund matters specifically.
You agree not to, and not to permit any third party to:
We reserve the right to investigate and take appropriate action against anyone who violates this Section, including suspending or terminating access, removing content, and reporting conduct to law enforcement where warranted.
You retain all ownership rights in the Content you input into the Service, including your business's inventory, sourcing, sales, and financial data. You are solely responsible for the accuracy, legality, and appropriateness of your Content. You grant us a limited, worldwide, non-exclusive license to host, store, process, transmit, and display your Content solely as necessary to provide, maintain, secure, and improve the Service, including for backups and technical support. This license ends when you delete the relevant Content or close your account, except that we may retain copies as required for legal, accounting, security, or backup purposes for a reasonable period thereafter, consistent with our Privacy Policy.
We are not obligated to monitor Content but may do so, and may remove or disable access to any Content that we reasonably believe violates these Terms or applicable law.
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes. All rights not expressly granted to you are reserved by us and our licensors.
If you provide us with feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify, and incorporate that feedback into the Service or any other product or service, without compensation, attribution, or any obligation to you.
The Service integrates with or links to third-party services, including Stripe for payment processing. We are not responsible for the content, accuracy, availability, or practices of any third-party service, and your use of any third-party service is governed by that provider's own terms and policies. Inclusion of a third-party service or link does not constitute an endorsement by us.
The Service, including its design, "look and feel," graphics, software, underlying technology, and all associated trademarks, service marks, trade names, and logos (including "Atlas Systems" and any related branding), are owned by Atlas Operating Systems or our licensors and are protected by intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or branding without our prior written consent.
Any non-public features, functionality, pricing, or product information you access before general availability is confidential and provided to you solely to evaluate and use the Service. You agree not to disclose such information to third parties or use it for any purpose other than your own use of the Service, except with our prior written consent or as required by law.
If you believe Content available through the Service infringes your copyright, you may send a notice to team@atlasossolutions.com including: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the allegedly infringing material and its location within the Service; (c) your contact information; (d) a statement that you have a good-faith belief the use is not authorized; (e) a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act on behalf of the copyright owner; and (f) your physical or electronic signature. We will respond to properly submitted notices in accordance with applicable law, including the Digital Millennium Copyright Act where applicable.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THIS DISCLAIMER APPLIES WITH PARTICULAR FORCE DURING THE PRE-RELEASE PERIOD DESCRIBED IN SECTION 4. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU USE THE SERVICE AT YOUR OWN RISK.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you to the extent prohibited by applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ATLAS OPERATING SYSTEMS, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you to the extent prohibited by applicable law. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
You agree to defend, indemnify, and hold harmless Atlas Operating Systems and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your Content; (c) your violation of these Terms; (d) your violation of any applicable law or the rights of any third party; or (e) any dispute between you and another user or third party arising from your use of the Service. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.
You acknowledge and agree that the Service is in active pre-release development, that features and functionality may be added, changed, or removed without notice, and that reliance on the Service for business-critical operations during this period is at your own risk. We recommend maintaining independent backups of any business-critical data you input into the Service.
These Terms remain in effect for as long as you use the Service. We may suspend or terminate your access to the Service, with or without notice, for actual or suspected violation of these Terms, non-payment, suspected fraud, legal or regulatory reasons, or if we discontinue the Service. You may stop using the Service and cancel your subscription at any time in accordance with Section 10. Sections 12–24 and 26–31 survive any termination or expiration of these Terms, along with any other provision that by its nature should survive.
You may not access or use the Service if you are located in, or a national or resident of, any country subject to a comprehensive U.S. embargo, or if you are listed on any U.S. government list of prohibited or restricted parties, including the U.S. Treasury Department's Specially Designated Nationals list or the U.S. Commerce Department's Denied Persons List or Entity List. You represent and warrant that you are not so located, organized, or resident, and are not so listed. The Service may not be used for any purpose prohibited by applicable export control or sanctions laws.
We will not be liable for any failure or delay in performance to the extent caused by circumstances beyond our reasonable control, including acts of God, natural disaster, war, terrorism, riot, labor dispute, governmental action, epidemic or pandemic, internet or telecommunications failure, or failure of a third-party service provider (including our payment processor or hosting infrastructure).
Please read this Section carefully. It affects your legal rights, including your right to file a lawsuit in court and your right to a jury trial.
Before filing a claim against us, you agree to first contact us at team@atlasossolutions.com and attempt in good faith to resolve the dispute informally for at least 30 days. Notice must include your name, a description of the dispute, and the relief sought.
If a dispute is not resolved informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, rather than in court, except as set out below. The arbitration will be conducted by a single arbitrator, and, unless you and we agree otherwise, will take place in the state of New York or be conducted remotely or based on written submissions, at the election of the party initiating arbitration. Judgment on the arbitration award may be entered in any court having jurisdiction.
YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT ANY ARBITRATION OR PERMITTED COURT PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, INCLUDING ANY PRIVATE ATTORNEY GENERAL ACTION, TO THE FULLEST EXTENT PERMITTED BY LAW. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS SPECIFIC WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUESTED REMEDY, THEN THAT CLAIM OR REQUESTED REMEDY (AND ONLY THAT CLAIM OR REMEDY) WILL BE SEVERED FROM THE ARBITRATION AND MAY BE BROUGHT IN COURT, WITH THE REMAINDER OF THIS ARBITRATION AGREEMENT REMAINING IN FULL FORCE.
Notwithstanding the foregoing, either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property or confidentiality obligations.
You may opt out of this arbitration agreement by sending written notice to team@atlasossolutions.com within 30 days of the date you first agreed to these Terms, stating your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor we are bound by the arbitration provisions in this Section for any dispute, and Section 28 governs where any such dispute may be brought instead. Opting out of arbitration does not affect any other provision of these Terms, including the class action waiver in Section 27.3 to the extent independently enforceable.
These Terms, and any dispute not subject to arbitration under Section 27, are governed by the laws of the State of New York, without regard to its conflict-of-law principles. Subject to Section 27, you and we agree that any action not subject to arbitration will be brought exclusively in the state or federal courts located in New York, and you consent to the personal jurisdiction of those courts.
We may update these Terms as the product and business evolve. If we make a material change, we will provide notice to active subscribers by email at least 14 days before the change takes effect, or as otherwise required by applicable law. Your continued use of the Service after a change takes effect constitutes acceptance of the revised Terms. If you do not agree to a change, your remedy is to cancel your subscription before the change takes effect.
Questions about these Terms can be sent to team@atlasossolutions.com.