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Terms of Service

Last Updated: March 13, 2025

1. Agreement to Terms

Welcome to Atria. These Terms of Service ("Terms") govern your access to and use of the Atria website, apps, APIs, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you are using our Services on behalf of an organization, you are agreeing to these Terms for that organization and represent that you have the authority to bind that organization to these Terms.

Please read these Terms carefully. If you do not agree with these Terms, you may not access or use our Services.

2. Changes to Terms

We may modify these Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms, you are indicating to us that you agree to be bound by the modified Terms.

If you don't agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services at any time, with or without notice, at our sole discretion.

3. Account Registration

To use certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials. You are fully responsible for all activities that occur under your account. You agree to immediately notify Atria of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. Atria cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

4. Subscription Terms

Your access to the Services may require payment of fees ("Subscription Fees") according to the pricing plans available on our website. You agree to pay all applicable Subscription Fees plus any applicable taxes. All payments are non-refundable except as expressly set forth in these Terms.

4.1. Billing Cycle

Subscription Fees are billed in advance on a monthly or annual basis depending on the type of subscription plan you select.

4.2. Automatic Renewal

Unless you notify Atria before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew, and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any payment method we have on record for you.

4.3. Free Trials

We may offer free trials to new subscribers. At the end of the free trial period, you will be automatically charged the applicable subscription fee unless you cancel your subscription prior to the end of the free trial period.

5. Service Usage Rules

You agree not to engage in any of the following prohibited activities:

  • Using the Services for any illegal purpose or in violation of any laws or regulations;
  • Copying, distributing, or disclosing any part of the Services in any medium;
  • Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services;
  • Using the Services to send unsolicited communications, promotions, or advertisements, or to spam;
  • Submitting to the Services any false or misleading information;
  • Impersonating another person or otherwise misrepresenting your affiliation with a person or entity;
  • Accessing the Services for purposes of monitoring its availability, performance, or functionality, or for any competitive purposes;
  • Reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services;
  • Removing any notices of copyright, trademark, or other proprietary rights from any part of the Services;
  • Using the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services.

6. Acceptable Use of Employee Monitoring

Our Services include employee monitoring capabilities. You agree to use these monitoring features in compliance with all applicable laws, including employment laws, privacy laws, and regulations governing workplace surveillance.

You are responsible for:

  • Providing clear notice to employees about monitoring activities;
  • Obtaining necessary consent where required by applicable law;
  • Using monitoring capabilities for legitimate business purposes only;
  • Respecting employee privacy rights;
  • Implementing appropriate data protection measures;
  • Not using the Services to discriminate against employees;
  • Not using the Services to monitor personal, private employee information unless permitted by law and disclosed to employees.

Atria reserves the right to suspend or terminate your access to the Services if we become aware of any unlawful or prohibited use of our employee monitoring features.

7. Intellectual Property Rights

7.1. Atria's Intellectual Property

The Services and its original content, features, and functionality are and will remain the exclusive property of Atria and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Atria.

7.2. Your Data

You retain all rights to your data that you upload, submit, or otherwise make available to the Services ("User Data"). By providing User Data to us, you grant Atria a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, process, store, and transmit User Data solely for the purposes of providing the Services to you.

7.3. Feedback

If you provide Atria with any feedback or suggestions regarding the Services ("Feedback"), you assign to Atria all rights in such Feedback and agree that Atria shall have the right to use and fully exploit such Feedback in any manner it deems appropriate.

8. Data Security and Privacy

We have implemented reasonable security measures to protect against unauthorized access to and unlawful interception or processing of your information. However, no Internet or email transmission is ever fully secure or error-free.

Our privacy practices are described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you acknowledge that you have read and understand our Privacy Policy.

9. Communications

By creating an Account, you agree to receive communications from us, including via e-mail, text, calls, and push notifications. Communications will include messages related to the functioning of the Services, account verification, technical and security notices, updates, and marketing messages.

You may opt out of marketing communications, but you cannot opt out of administrative emails related to your account, such as password reset emails, billing receipts, service announcements, and security notifications.

Messages sent through our platform, including customer support communications, may be logged and stored for quality assurance, training, compliance, and service improvement purposes.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ATRIA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

ATRIA MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ATRIA MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATRIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT WILL ATRIA'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO ATRIA FOR THE SERVICES, IF ANY, DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to defend, indemnify, and hold harmless Atria, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any claim that your User Data caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

13. Termination

We may terminate or suspend your access to all or part of the Services, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms or is harmful to other users of the Services, third parties, or the business interests of Atria.

Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us at support@atria.ink.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in accordance with the rules of the American Arbitration Association by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

The arbitration shall be conducted in English, and the award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The prevailing party in any action or proceeding to enforce these Terms shall be entitled to costs and attorneys' fees.

Notwithstanding the foregoing, Atria may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

15. General

15.1. Entire Agreement

These Terms constitute the entire agreement between you and Atria regarding our Services and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning the subject matter of these Terms.

15.2. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Atria's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15.3. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

15.4. Assignment

You may not assign these Terms without Atria's prior written consent. Atria may assign these Terms without your consent to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

15.5. Force Majeure

Atria shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Atria Inc.
Attn: Legal Department
1250 Techno Boulevard, Suite 500
San Francisco, CA 94107
Email: legal@atria.ink
Phone: +1 (888) 555-7890