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Terms of Use

Effective: February 17, 2023

Effective date and agreement

These Terms of Use ("User Terms") govern your access to and use of Atma's workplace productivity tools and platform ("Services"). Effective date: February 17, 2023. Please read them carefully. They apply to you as a user of the Services even when you are joining an existing workspace. We're glad you're here.

These User Terms form a legally binding contract between you and Atma. Our current Acceptable Use Policy is part of these User Terms by reference. If you access or use the Services, or keep doing so after we notify you of a change to these User Terms or the Acceptable Use Policy, you confirm that you have read, understand, and agree to be bound by them. "We," "our," and "us" mean the Atma entity identified in "Contact" below.

Who the Customer is and your role

You are an authorized user of a workspace that is controlled by a "Customer"—the organization or person that invited you (e.g. your employer, or someone who created a workspace and added you). The Customer has agreed to our Customer Terms of Service or another written agreement ("Contract") that allows the Customer to create and run a workspace. We provide the Services to the Customer under that Contract; the Customer may then invite users like you ("Authorized Users") to its workspace(s).

Customer Data and who controls it

When you or other Authorized Users submit content to the Services—e.g. messages or files ("Customer Data")—that Customer Data is owned by the Customer. The Contract gives the Customer choices and control over it. For example, the Customer may add or remove access, turn integrations on or off, set permissions, retention, and export, move or assign workspaces or channels, merge workspaces or channels, and similar. Those choices can affect how Customer Data is accessed, used, disclosed, modified, or deleted. For more on plans and options, see our help or documentation.

Your relationship with the Customer and with Atma

As between Atma and the Customer, you agree that it is the Customer's responsibility to: (a) tell you and other Authorized Users about any relevant Customer policies, practices, and settings that affect how Customer Data is processed; (b) get any rights, permissions, or consents from you and other Authorized Users that are needed for the lawful use of Customer Data and the operation of the Services; (c) make sure that the transfer and processing of Customer Data under the Contract is lawful; and (d) respond to and resolve any dispute with you or other Authorized Users about Customer Data, the Services, or the Customer's failure to meet these obligations. Atma makes no representations or warranties of any kind, express or implied, to you about the Services. The Services are provided to you "as is" and "as available."

Eligibility

To the extent prohibited by applicable law, the Services are not for use by anyone under 16 or anyone under the age of majority in your jurisdiction. You represent that you are over the legal age and are the intended recipient of the Customer's invitation. You may not access or use the Services if that is not true. You must also be of legal working age.

Rules you must follow

To help keep the Services safe and productive, you must comply with our Acceptable Use Policy and any policies the Customer applies. If you see inappropriate behavior or content, report it to the workspace owner or your employer (as applicable).

When your access ends

These User Terms stay in effect until the Customer's subscription for you ends or is terminated, or your access is terminated by the Customer or by us. If you want to close your account for any reason—including if you disagree with changes to these User Terms or the Acceptable Use Policy—contact the Customer.

Our right to take action

If we believe the Contract, these User Terms, the Acceptable Use Policy, or our other policies have been violated in a way that the Customer can fix (e.g. by removing certain Customer Data or taking other steps), we will usually ask the Customer to do so first. We may step in and take what we consider appropriate action (including disabling your account) if the Customer does not take that action or we believe there is a credible risk of harm to us, the Services, Authorized Users, or third parties.

Limitation of liability

To the fullest extent permitted by law, neither you nor we will have liability to the other for any lost profits or revenues or for any indirect, special, incidental, consequential, cover, or punitive damages, however caused, whether in contract, tort, or under any other theory of liability, and whether or not the party was advised of the possibility of such damages. Unless you are also a Customer (and without limiting our rights under the Contract), you will have no financial liability to us for a breach of these User Terms. Our total aggregate liability to you for any breach of these User Terms is one hundred dollars ($100). These limitations do not apply where prohibited by law and do not limit either party's right to seek equitable relief.

Consumer law

Atma is a workplace tool for businesses and organizations, not for personal or consumer use. To the maximum extent permitted by law, you agree that consumer protection laws do not apply. If any consumer laws (e.g. in Australia, the Competition and Consumer Act 2010 (Cth)) do apply and cannot be excluded, nothing in these User Terms limits your statutory warranties, guarantees, rights, or remedies, and our liability is limited (at our option) to replacing, repairing, or resupplying the Services or giving the Customer a pro-rata refund of pre-paid fees for your subscription for the rest of the term.

What survives

The sections "Your relationship with the Customer and with Atma," "Limitation of liability," and "What survives," plus all provisions under "General" below, survive any termination or expiration of these User Terms.

Notices

Unless these User Terms say otherwise, we will give notice under them by email or through the Services (e.g. in-product). Notices to Atma may be sent to feedback@atma.so; legal notices must be sent to legal@atma.so. A notice is deemed given (a) the day after sending, if by email, and (b) the same day, if through the Services. Notices under the Contract are delivered only to the Customer as that agreement specifies.

Privacy

Our Privacy Policy describes how we collect and use data in connection with the use and performance of our products. Please review it.

Changes to these terms

We may change these User Terms or the Acceptable Use Policy. If we make a material change, we will give you reasonable notice before it takes effect (e.g. by email to the address on your account or by a message in the Services). You can see the current User Terms on this page and the current Acceptable Use Policy and Privacy Policy at the links we provide. Material changes take effect on the date we state in the notice; other changes take effect when we publish them. If you use the Services after the effective date, that use means you accept the updated terms.

Waiver

A party's failure or delay in exercising a right under these User Terms (including the Acceptable Use Policy) does not waive that right. Any waiver must be in writing and signed by an authorized representative of the party giving it.

Severability

We intend these User Terms (including the Acceptable Use Policy) to be enforced to the fullest extent allowed by law. If a court of competent jurisdiction holds that any part is invalid or unenforceable, that part will be modified to the minimum extent needed to achieve its purpose under the law, and the rest of these User Terms will stay in effect.

Assignment

You may not assign your rights or delegate your obligations under these User Terms (including the Acceptable Use Policy), whether by operation of law or otherwise, without our prior written consent (not to be unreasonably withheld). We may assign these User Terms in full, without your consent, to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

Governing law and disputes

These User Terms (including the Acceptable Use Policy) and any dispute arising out of or related to them are governed by the same governing law as the Contract, without regard to conflict of laws principles or the UN Convention on the International Sale of Goods. The courts in the same venue as the Contract have exclusive jurisdiction over any dispute arising out of or relating to these User Terms or their formation, interpretation, or enforcement. You consent to the exclusive jurisdiction of those courts. In any action to enforce these User Terms, the prevailing party may recover its reasonable costs and attorney's fees.

Entire agreement

These User Terms, together with any terms incorporated by reference, are the entire agreement between you and us about their subject matter and replace all prior and contemporaneous agreements, proposals, or representations, written or oral. If there is a conflict between these User Terms and any referenced page, these User Terms control first; but if there is a conflict between the Contract and these User Terms, the Contract controls first, then these User Terms, then the referenced pages (e.g. the Privacy Policy). The Customer is responsible for telling Authorized Users about any such conflicts; until then, the terms here are binding.

Contact

Questions about these User Terms? Contact us at feedback@atma.so or at:

Atma Technologies, Inc. 225 Northern Ave Boston, MA 02210 USA

Legal notices must be sent to legal@atma.so or the address above.