Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Atlas Data ("Company," "we," "us," or "our") concerning your access to and use of the atlasdata.us website (the "Site") and all related services, including data consolidation, dashboard creation, analytics, and consulting services (collectively, the "Services").

By accessing or using our Site or Services, you agree to be bound by these Terms. If you disagree with any part of these terms, then you do not have permission to access the Site or use the Services.

2. Description of Services

Atlas Data provides:

2.1 Core Services

• Data Consolidation: Integration of multiple data endpoints into unified views
• Dashboard Creation: Custom analytics dashboards using n8n automation
• Business Analytics: Data analysis and insights generation
• Consulting Services: Strategic recommendations for process, program, and pricing optimization
• Technology Implementation: Software development and system integration

2.2 Service Tiers

Services are offered through various packages as outlined on our Site, including:

• Project-based engagements
• Monthly retainer services
• Enterprise solutions
• Optional add-on services

3. Account Registration and Use

3.1 Account Creation

To access certain Services, you must:

• Register for an account providing accurate, current, and complete information
• Maintain and promptly update account information
• Be at least 18 years old and capable of forming a binding contract
• Not have been previously suspended or removed from the Services

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Ensuring authorized users comply with these Terms

3.3 Company Accounts

If you register on behalf of a company:

• You represent that you have authority to bind the company to these Terms
• The company accepts these Terms
• "You" and "your" refer to both the individual and the company

4. Payment Terms

4.1 Fees and Billing

• Pricing: Fees are as specified in our service agreements or published rates
• Payment Schedule:
  • Project-based: 50% deposit upon agreement, 50% upon completion
  • Retainer services: Monthly in advance
  • Enterprise services: As specified in custom agreements
• Late Payments: Subject to 1.5% monthly interest or maximum permitted by law
• Taxes: You are responsible for all applicable taxes
• Contract Agreements: For custom service agreements, the specific terms outlined in the individual contract signed by both parties will supersede and override the general terms stated in this document

4.2 Refunds and Cancellations

• Project Cancellations: Deposits are non-refundable; work completed is billable
• Retainer Cancellations: 30-day notice required; no refund for current month
• Satisfaction Guarantee: As specified in individual service agreements

4.3 Price Changes

We reserve the right to modify prices with 30 days' notice for ongoing services.

5. Intellectual Property Rights

5.1 Our Intellectual Property

All Site content, features, and functionality, including but not limited to:

• The Atlas Data name, logo, and branding
• Text, graphics, logos, images, and software
• Dashboard templates and frameworks
• Methodologies and processes

Are owned by Atlas Data and protected by intellectual property laws.

5.2 Client Data and Content

• You retain ownership of your data and content
• You grant us a license to use your data solely to provide the Services
• We may use aggregated, anonymized data for improvement and analysis

5.3 Deliverables

• Custom Work: You own custom dashboards and reports created specifically for you
• Standard Components: We retain rights to standard templates and methodologies
• Improvements: We may use insights gained to improve our Services generally

5.4 Feedback

Any feedback, suggestions, or ideas you provide become our property and may be used without compensation or attribution.

6. User Responsibilities and Prohibited Uses

6.1 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms.

6.2 Prohibited Activities

You may not:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit malicious code or interfere with the Services
• Attempt unauthorized access to systems or data
• Misrepresent your identity or affiliation
• Use the Services to compete with us or create a derivative service
• Resell or redistribute the Services without authorization
• Scrape, harvest, or collect data through automated means
• Engage in any activity that could damage our reputation

6.3 Data Accuracy

You are responsible for ensuring the accuracy and legality of data you provide for processing.

7. Confidentiality

7.1 Confidential Information

Each party agrees to:

• Maintain the confidentiality of the other party's confidential information
• Use confidential information solely for the purposes of these Terms
• Protect confidential information with reasonable care

7.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no breach
• Was rightfully known before disclosure
• Is independently developed without use of confidential information
• Must be disclosed by law

8. Service Level and Support

8.1 Availability

• We strive for high availability but do not guarantee uninterrupted service
• Scheduled maintenance will be communicated in advance when possible
• Support response times vary by service tier

8.2 Support Services

• Email support included with all service tiers
• Response times: 24-48 hours (Starter), 24 hours (Professional), 4 hours (Enterprise)
• Phone support available for Professional and Enterprise tiers

8.3 Service Modifications

We reserve the right to modify or discontinue Services with reasonable notice.

9. Third-Party Services

9.1 Integrations

Our Services may integrate with third-party platforms (e.g., QuickBooks, n8n). You are responsible for:

• Compliance with third-party terms of service
• Providing necessary credentials and permissions
• Any fees charged by third parties

9.2 Third-Party Content

We are not responsible for third-party content, services, or products accessed through our Services.

10. Warranties and Disclaimers

10.1 Our Warranties

We warrant that:

• Services will be performed in a professional and workmanlike manner
• We have the right to provide the Services
• Services will materially conform to specifications

10.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR COMPLETENESS OF DATA

WE DO NOT WARRANT THAT:

• SERVICES WILL MEET ALL YOUR REQUIREMENTS
• SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• RESULTS WILL BE ACCURATE OR RELIABLE
• DEFECTS WILL BE CORRECTED

11. Indemnification

11.1 Your Indemnification

You agree to indemnify, defend, and hold harmless Atlas Data, its founders (Bailey Strasser and Ali Shahrokhi), employees, and affiliates from any claims, damages, losses, liabilities, and expenses arising from:

• Your use of the Services
• Violation of these Terms
• Violation of any rights of another party
• Your data or content

11.2 Our Indemnification

We will indemnify you against third-party claims that our Services infringe intellectual property rights, except for claims arising from:

• Your modifications or misuse
• Your data or content
• Third-party products or services

12. Limitation of Liability

12.1 Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ATLAS DATA BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, DATA, USE, OR GOODWILL
• BUSINESS INTERRUPTION

WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, OR OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Cap on Liability

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF:

• THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM
• $1,000

12.3 Exceptions

Some jurisdictions do not allow limitation of liability, so some limitations may not apply to you.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating formal proceedings, parties agree to attempt good-faith resolution through direct communication.

13.2 Arbitration

Any disputes not resolved informally shall be resolved through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association.

13.3 Exceptions

The following are not subject to arbitration:

• Small claims court actions
• Injunctive relief for intellectual property violations
• Breaches of confidentiality

13.4 Class Action Waiver

You agree to bring claims only in your individual capacity and not as part of any class or representative action.

14. Term and Termination

14.1 Term

These Terms remain in effect until terminated by either party.

14.2 Termination

• By You: You may terminate by discontinuing use and closing your account
• By Us: We may terminate or suspend immediately for cause, including:
  • Violation of Terms
  • Non-payment
  • Illegal or harmful activities
  • Upon request by law enforcement

14.3 Effect of Termination

Upon termination:

• Access to Services ceases immediately
• Unpaid fees become due
• You must return or destroy our confidential information
• We will provide your data for 30 days upon request
• Sections that by nature should survive will remain in effect

15. General Provisions

15.1 Governing Law

These Terms are governed by the laws of Minnesota, without regard to conflict of law principles.

15.2 Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Atlas Data. Individual service contracts or custom agreements signed by both parties may contain specific terms that supersede or modify these general Terms of Service. In case of any conflict, the terms in the signed contract agreement shall prevail.

15.3 Severability

If any provision is found unenforceable, the remaining provisions will continue in full force.

15.4 Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

15.5 Assignment

You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15.6 Force Majeure

Neither party is liable for delays or failures due to causes beyond their reasonable control.

15.7 Notices

Notices to us should be sent to legal@atlasdata.us. We will send notices to your registered email address.

15.8 Relationship

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting on our Site
• Email notification
• Requiring acceptance for continued use

Your continued use after changes constitutes acceptance of modified Terms.

17. Contact Information

For questions about these Terms, please contact us: