Atlas UP Terms of Use

Effective Date: January 1, 2025 (Updated)

Thank you for choosing Atlas UP! Before you dive in and let our AI platform start answering your questions, please take a moment to read these Terms of Use (“Terms”). We’ve tried to make them as painless as possible (a little light reading with your coffee). By using Atlas UP, you’re agreeing to these Terms, so it’s important to understand them.

1. Introduction

Who We Are: Atlas UP, Inc. (“Atlas UP,” “we,” “us,” or “our”) is a Delaware corporation that provides an AI-powered enterprise assistant platform for your business. We harness advanced language models from third-party providers, such as OpenAI, Anthropic, and Google, to deliver real-time answers to your business questions. Our services are accessible through our mobile and web applications, our website at
atlasup.com, and our support site (collectively, the “Sites” or “Products”).

Why These Terms Matter: These Terms govern your use of our Sites and Products. By accessing or using Atlas UP (including any content or information provided through our platform), you agree to be bound by these Terms. If you do not agree with any of these Terms, you should not use our Products (we’ll be sad to see you go, but it’s your call).

Related Policies: We have a separate Privacy Policy that explains how we collect and handle your data. By agreeing to these Terms, you’re also agreeing to our Privacy Policy. We encourage you to read it – we wrote it with the same commitment to clarity as these Terms.

Tip: We’ve organized these Terms into sections with headings to make them easier to navigate. Feel free to jump to the section you need, but don’t skip the rest – each section is important.

2. License to Use Atlas UP

We grant you (and your authorized users) a license to use Atlas UP, not ownership. Here’s the deal:

License Grant: Subject to your compliance with these Terms, Atlas UP grants each user under your account a non-exclusive, non-transferable, limited license to access and use our Products for your internal business purposes. In other words, you can use Atlas UP, but you can’t sell it or transfer it to someone else.
Per-User Basis: Our Products are licensed on a per-user basis. Every individual who uses Atlas UP needs their own account (one person = one license). You can assign licenses to Authorized Users through your enterprise account portal. No sharing of accounts – if 5 people need to use Atlas UP, you’ll need 5 user accounts. (Sharing might be caring, but not when it comes to login credentials!)
Age Requirement: Atlas UP is intended for adult professional users. You must be at least 13 years old (in some jurisdictions, 18) to use our Products. If you’re younger, sorry – come back when you’re older.
Feedback Welcome: We love feedback. Using Atlas UP may feel like magic at times, but it’s a work in progress. If you have suggestions or run into issues, let us know. By the way, if you do provide feedback or ideas, we might use them to improve Atlas UP, and we won’t owe you anything for those ideas except a thank you and a better product.

3. Who Can Use Our Products?

We want as many happy users as possible, but there are a few cases where we have to say “no.” You may NOT use our Products if you are:

A Minor: (As noted above) if you’re under 13 (or the minimum legal age in your country to form a binding contract), you can’t use Atlas UP. Our Products are for business use by adults.
Barred by Law: If laws applicable to you prohibit you from using AI services like ours (perhaps due to sanctions, or other legal restrictions), you can’t use Atlas UP. Please follow the law; we do.
A Competitor or Related to One: We have to protect our secret sauce. Competitors of Atlas UP, or folks working on behalf of a competitor, are not allowed to access our Products without prior written permission from us. (Looking at you, rival AI startups – no sneaking in to peek at our tech, please.)
An Automated Bot or Scraper: You may not use any robot, script, crawler, or automated means to access our Products, except for legitimate public search engines. (We do allow search engine bots to index public info on our site for the sake of Google results – that’s our one exception.) Any other automated access is prohibited. So, no building an army of bots to hit our API or scrape data. Atlas UP is meant for real human users interacting in real time.
Malicious User: If you intend to use Atlas UP to do harm – whether it’s cyber attacks, harassment, spreading malware, or any nefarious activity – just don’t. We’ll ban such use and possibly report you to the authorities if warranted.

If you fall into any of the above categories, you should not use (or continue to use) Atlas UP. We reserve the right to refuse service, suspend accounts, or take other appropriate action if we discover prohibited use.

4. Account Registration and Security

Using Atlas UP will require you to create an account (or be given one by your organization). Here’s how to manage that account responsibly:

Keep Your Password Secure: You’ll need a password for your Atlas UP account. Please choose a strong one (mix of letters, numbers, symbols – not your dog’s name). You are responsible for keeping your login credentials confidential. Do not share your password or account with others. If you suspect someone else has your credentials or there’s been unauthorized access, notify us immediately at support@atlasup.com. Also, remember to log out at the end of each session, especially on shared devices. (We know this sounds like common sense, but it’s important – even the smartest AI can’t protect you from a weak password.)
Provide Accurate Information: When registering, you must provide truthful and up-to-date information about yourself (or your company, if applicable). This includes your name, email, and any other contact or billing info we request (“Registration Data”). If your info changes, update it promptly. If we discover that your Registration Data is false, outdated, or incomplete, we may suspend or terminate your account. (No fake identities or pretending to be Elon Musk – unless you actually are Elon Musk, in which case, welcome!)
Use of Accounts: Accounts are meant for the specific individual or entity that registered. You agree not to let anyone else use your account. If you have multiple team members who need access, each should have their own account (see “Per-User Basis” above). We reserve the right to monitor accounts for sharing or multiple logins that violate this rule.
Email Communications: By creating an account, you may receive certain emails from us (for example, account notices or product updates). We promise not to spam. If you want to unsubscribe from non-critical emails, you can use the unsubscribe link in the email or contact us at support@atlasup.com with “Unsubscribe” in the subject. Keep in mind, we may still send essential notices about your account or service (like important security or billing info).

5. Subscription Plans, Fees, and Cancellations

Money talk – here’s how billing works if you’re on a paid plan.

Enterprise Agreements: If your organization signed a separate Master Services Agreement (MSA) or enterprise contract with Atlas UP, that agreement’s payment and refund terms apply instead of the ones here. In case of any conflict between these Terms and an MSA, the MSA terms will control for your use of Atlas UP.
Subscription Plans: For customers without a custom agreement, Atlas UP is offered on subscription plans (annual or monthly). The details of available plans and pricing are provided during sign-up or on our website (or you can email us at support@atlasup.com for current pricing). By subscribing, you agree to pay the fees specified for your chosen plan.
Billing Cycle & Auto-Renewal:
- If you choose a monthly subscription, your credit card (or other payment method) will be charged on the first day of each month for that month’s service.
- If you choose an annual subscription, we’ll charge you upfront for the year. On each anniversary of your sign-up, we will charge you for the next year’s subscription, unless you cancel in advance.
Yes, this means subscriptions renew automatically. We do this to ensure uninterrupted service. It’s your responsibility to cancel if you don’t want to renew.
Cancellation: You can cancel your subscription by sending an email to support@atlasup.com at least 30 days before the next renewal date. For monthly plans, if you cancel 30 days prior to the next month, we won’t renew it. For annual plans, please let us know 30 days before the year is up. We’ll confirm your cancellation and the subscription will terminate at the end of the current billing period. (We’re not trying to trap you – it’s just that we plan resources based on active subscriptions.)
No Refunds (Standard Plans): Unless stated otherwise in a separate agreement or required by law, our subscriptions are non-refundable. For monthly subscribers, if you cancel mid-month, you’ll still have access until the end of the paid period, but we won’t prorate or refund the unused days. The same goes for annual: you retain access until your term ends, but we don’t issue refunds for unused months. Example: If you paid for a year and cancel after 9 months, you can continue to use Atlas UP for the remaining 3 months, but you won’t get a refund for those 3 months. We know prepaid unused services can sting, so if you’re unsure, you may want to start with a monthly plan.
Taxes: Our prices do not include taxes or duties. You’re responsible for any sales, use, value-added, or similar taxes due on the services (unless you provide a valid tax-exemption certificate). If we have to collect taxes, we’ll add them to your bill. You agree to pay any such taxes and authorize us to charge your payment method for them. If you’re tax-exempt, please send us your exemption documentation.
Late Payments: If a payment fails or is past due, we may attempt to retry the charge. If we still cannot collect payment, we reserve the right to suspend or terminate your access to Atlas UP (we’ll try to contact you first). You may also be responsible for any reasonable fees and charges we incur for failed payments (like bank fees).
Changes to Fees: We may adjust subscription fees with advance notice. If fees change for your plan, we’ll notify you in writing (e.g., by email) at least 30 days before the new rates apply. If you do not agree to the new fees, you can cancel your subscription before the change takes effect. If you continue to use Atlas UP after the fee change, that constitutes acceptance of the new rates.

6. Your Content and Data

Using Atlas UP may involve providing us with data – for example, uploading company documents, asking questions that include details about your business, or integrating your databases. We call all of that “Content” (it includes text, files, data, images, or any materials you submit to Atlas UP). This section outlines the rules and rights around your Content:

Ownership: You retain ownership of all Content you submit. If you upload your company policy document or employee data, it’s still yours. We don’t own your data just because you use it with our platform.
Your License to Atlas UP (What we can do with your Content): In order to provide our services, we need certain permissions from you to use your Content. You grant Atlas UP a worldwide, non-exclusive, royalty-free license to host, use, process, display, and transmit your Content solely for the purpose of providing and improving our Products and services to you, and as otherwise permitted by our Privacy Policy. This means:
- We can feed your data into our AI to give you answers and insights—this may involve secure requests to trusted AI model providers (e.g., OpenAI, Anthropic, Google) under strict contractual terms.
- We might internally use your data (in an aggregated or anonymized form) to improve our algorithms, to troubleshoot, or to enhance features.
- We will NOT use your Content for marketing or publicity or share it with third parties except (a) as needed to run the service (for example, using cloud hosting providers under strict security controls), (b) as directed by you, or (c) as required by law. We won’t be plastering your private data on our website or selling it to advertisers. That’s a promise.
Why this license: If you didn’t give us these rights, we technically wouldn’t be allowed to even process your queries or back up your data, because those involve copying and using your Content. This license is just to let us do our job running the service. It ends when you delete the Content or terminate your account, except for any residual copies in backups (which we’ll handle per our retention policies and Privacy Policy).
Privacy and Data Handling: We understand that your Content may include sensitive information (personal data about your employees, financial figures, etc.). You trust us with this information, and we take that seriously. Atlas UP’s use of your Content is subject to our Privacy Policy and these Terms. In short:
- We will treat personal data in your Content in compliance with applicable privacy laws (such as GDPR for EU data, CCPA for California data, and HIPAA for health data, when applicable).
- We have implemented safeguards to secure your Content (see Data Security below for details).
- If you are providing personal information of others (e.g., your employees or customers), you represent that you have the necessary permissions or legal basis to do so. (For example, if you upload employee records, you have the authority to use those records with Atlas UP.)
Your Responsibilities for Content: You are solely responsible for the Content you submit and the consequences of using it with Atlas UP. By uploading or submitting Content, you represent and warrant that:
- You have all necessary rights, permissions, or consents to provide that Content to Atlas UP and to grant us the license above. This includes complying with any privacy laws or employment laws regarding the data. If the Content contains personal data, you warrant that you have obtained any required consents from the individuals, or otherwise have the right to use and share that data.
- Your uploading or use of the Content with Atlas UP will not violate any law or anyone’s rights. For example, you’re not uploading something you stole or something confidential that you’re not allowed to share. And if the Content includes copyrighted material (say, a training manual you didn’t write), you either own it or have permission to use it.
Prohibited Content: While we don’t generally pre-screen what you upload, you agree not to submit Content that:
- Violates Laws: Illegal content is a no-go. This includes anything that breaches local, state, national, or international law or regulations. (E.g., no secret government documents, please.)
- Infringes Rights: Do not upload content that infringes someone else’s intellectual property or privacy rights. If it’s not yours, make sure you have permission. Don’t make Atlas UP part of any copyright drama.
- Is Offensive or Harmful: We’re not your mom or dad, but we have to say: no content that is threatening, defamatory, obscene, pornographic, harassing, or extremely inappropriate. Use common sense – if you’d be embarrassed to show it on a projector in a meeting, it probably doesn’t belong on Atlas UP (unless it’s really work-critical and you have no choice, in which case maybe warn us!). We reserve the right to remove or delete content that we find objectionable or that violates this clause, and we don’t have to notify you before doing so.
No Responsibility for User Content: Atlas UP is a platform; we generally do not review Content you or other users submit and we are not responsible for it. We don’t endorse any user-provided Content or opinions. If you, for example, upload an outdated policy and Atlas UP gives advice based on it, that’s on you. We simply process what is given. That said, if we are alerted to Content that might violate these Terms or the law, we may investigate and take appropriate action (including removal of the content or suspension of accounts).

Remember, you own your data. We’re here to keep it safe and help you make sense of it, but not to take it. If you delete your data from Atlas UP and terminate your account, our license to use it ends (except for archival copies and as needed for legal compliance or internal purposes like audit/logging). Check our Privacy Policy for details on deletion and retention.

7. Data Security and Compliance

Your data’s security is central to everything we do at Atlas UP. We like to say security is in our DNA (mostly because it makes us sound cool, but also because it’s true). Here’s how we handle the safety of your information:

Security Measures: Atlas UP employs industry-standard security measures to protect Content and personal data. This includes:
- Encryption: All customer data is encrypted at rest in our databases and in transit over public networks. We use TLS 1.2+ for data transmission, so when your data travels between you and us, it’s in an encrypted tunnel. (Translation: it’s wrapped up like a secret message so no eavesdroppers can read it.)
- Access Controls: We limit who at Atlas UP can access user data, following the principle of least privilege. Only employees with a legitimate need (like a support engineer investigating an issue) will access your data, and even then, it’s strictly controlled and logged. We require strong authentication internally (yes, we even use our own 2FA and security tools).
- Security Audits and Certifications: Atlas UP maintains compliance with SOC 2 Type II and adheres to the HIPAA Security Rule for relevant data. We undergo regular third-party audits to test and verify our controls. In short, we don’t just ask you to trust us – we verify.
- Vulnerability Management: We run regular security scans and have a process to quickly address any vulnerabilities. We also keep our software and dependencies up to date to guard against known security issues. (Nerd alert: we employ static code analysis, penetration testing, the whole nine yards, as described in our security documentation.)
No Guarantee of Perfect Security: While we are pretty paranoid (in a good way) about security, we have to state this: no system can be 100% secure. Despite all measures, breaches can happen. By using Atlas UP, you acknowledge that risk. We believe our safeguards greatly minimize it, but we cannot guarantee absolute security. (If someone ever promises you 100% security, they probably also have a bridge to sell you.)
Breach Notification: In the unlikely event that we discover a security breach that compromises the privacy or integrity of your Content, we will notify you without undue delay, as required by applicable law. We’ll also inform you of steps we’re taking to address the breach. For example, if a third-party hacker manages to access our system and potentially your data, we’ll come clean about it and help you with next steps (and you’ll likely hear our CEO apologizing profusely – but let’s hope this never happens).
Your Security Responsibilities: Security is a team sport. We do our part, and you must do yours:
- Account Credentials: Keep your username, password, API keys, or any other credentials confidential (see Account Security above). If you suspect any unauthorized access, let us know immediately.
- Approved Use: Only use Atlas UP through our official apps and Sites. Don’t try to circumvent security measures or use unauthorized tools to access the service.
- No Sensitive Data via Unencrypted Channels: Our app and website are encrypted. If you choose to, say, email us sensitive info or use an unsupported channel, understand the security might not be as strong. Whenever possible, stick to our platform for transmitting data to us.
HIPAA Compliance: We want to highlight this separately because it’s important for some users. If you are subject to HIPAA and will use Atlas UP to handle Protected Health Information (PHI), please contact us to sign a Business Associate Agreement (BAA). We are willing to be a Business Associate and handle PHI in accordance with HIPAA rules. Until a BAA is in place, you should not upload PHI to Atlas UP. Atlas UP will implement all safeguards required by HIPAA for any PHI we receive. If you’re not sure whether your data counts as PHI, err on the side of caution and discuss with us.
Compliance with Laws: Atlas UP will comply with all applicable data protection and privacy laws in our provision of the service. This includes GDPR (for EU personal data), CCPA (for California consumers), and other regional laws, to the extent they apply. We expect you to comply with laws relevant to your data as well. If your industry has specific data regulations (finance, healthcare, etc.), please inform us so we can support your compliance needs, but ultimately you need to ensure that using a service like Atlas UP meets your regulatory obligations.

In summary, we treat your data like something very precious (because it is). We invest in security so you can focus on using the insights, not worrying about leaks. If you have any questions about our security measures, check out our Security & Privacy documentation or reach out to our security team.

8. Acceptable Use Policy (What You Can and Can’t Do)

We’ve covered what you shouldn’t upload as Content. Now let’s talk about how you should (and shouldn’t) use Atlas UP itself. By using our Products, you agree to the following:

Permitted Use: You may use Atlas UP for lawful, business-related purposes within the scope of what it’s designed for (answering questions, getting insights from your data). Use common sense and courtesy in your interactions (with both the AI and any community features, if applicable).
Prohibited Acts: You agree NOT to:
1. Resell or Sublicense our service. You can’t turn around and sell Atlas UP access to others or exploit it commercially outside your organization without our consent. (Running Atlas UP as a service bureau or including it in a product of your own is not allowed without a separate agreement.)
2. Reverse Engineer or Tamper: Don’t try to hack into our code, decompile our software, or otherwise derive our source code or algorithms. Similarly, do not attempt to bypass any security or access controls. (The AI might be clever, but our engineers are too – they will notice!)
3. Misuse Resources: Don’t use Atlas UP in a way that overloads or disrupts our infrastructure. This includes launching denial-of-service attacks, distributing viruses or malware via our system, or using automated means to scrape data in a way that harms performance. Basically, don’t mess with our servers.
4. Impersonate or Phish: Do not pretend to be another person or entity when using Atlas UP. And don’t use our platform to phish or scam others (we do not have public forums, but if we ever did, the same rules apply).
5. Violate Laws: This is a catch-all – you may not use Atlas UP to facilitate or engage in any activity that violates any law (local, state, federal, or international). For instance, don’t use Atlas to help you do something fraudulent or to aid in any unlawful conduct.
6. Abuse the AI: We know Atlas UP is fun to talk to, but please don’t use it to generate or spread abuse, spam, or to harass people. The AI will refuse certain content by design (it has filters), but if you find a way around them to produce disallowed content, that’s a violation of these Terms on your part. (In short: treat the AI like you would treat a helpful employee – no abuse, please.)

This list isn’t exhaustive. If you’re doing something destructive or clearly beyond the scope of intended use, it’s likely prohibited. If we (in our sole discretion) determine that you have violated this Acceptable Use Policy, we reserve the right to suspend or terminate your access immediately

In serious cases, we may also report you to law enforcement. Let’s not get to that point, okay?

9. Third-Party Services and Content

Atlas UP might integrate with or provide links to third-party services. For instance, we may use external AI model providers such as OpenAI, Anthropic, and Google to process certain user queries and generate answers. We have contractual safeguards in place so that these providers cannot use your data beyond fulfilling our requested services. Atlas UP might also integrate with connectors to your cloud storage, or a link to an external knowledge source. It’s important to understand how third-party content works:

External Links: Our Products or answers might contain links to third-party websites or resources that we do not own or control. For instance, if Atlas UP provides a regulatory citation or a Wikipedia reference in an answer, it may link out. We provide these for your convenience or information. We are not responsible for the content on those external sites, nor do we endorse or assume any liability for them. If you click a third-party link, you do so at your own risk, and you should read the terms and privacy policies of those sites.
Third-Party Integrations: If you choose to enable an integration (say, connecting Atlas UP to your Google Drive or HR system), you might be using third-party services in conjunction with Atlas UP. Those third-party services have their own agreements you must abide by. We aren’t liable for any issues arising from third-party services – for example, if a data connector provided by a third party corrupts data, that’s between you and them. However, we’ll certainly work with you to resolve any integration issues to the extent we can.
Content from Other Sources: Atlas UP’s answers might combine your data with public information or content from third-party knowledge bases. You acknowledge that when using our Product, you might be exposed to content from a variety of sources (including content that could be inaccurate or outdated). While we try to ensure quality, Atlas UP does not guarantee the accuracy or appropriateness of third-party content. By using Atlas UP, you waive any legal claims against us for any harm caused by encountering third-party content through our service. (In legal terms: you won’t sue us because Atlas UP quoted a wrong fact from Wikipedia or an offensive sentence from a public dataset – but do let us know, so we can improve the AI!)

In summary, we’re responsible for Atlas UP itself, but not for the rest of the internet or other companies’ services. Please use third-party resources judiciously and at your own discretion.

10. Intellectual Property Rights

This section covers who owns what intellectual property (IP) in and around Atlas UP, and how we handle IP issues like copyright infringement claims.

Our IP (Atlas UP’s IP): Atlas UP – the platform, the software, the code, the models, the design, the logos, the content we provide (excluding your Content) – is protected by intellectual property laws. Atlas UP (the company) and its licensors retain all rights, title, and interest in our Products. By using Atlas UP, you are not gaining any ownership of our IP. You are just getting the license to use the service per these Terms. You agree not to copy, distribute, modify, or create derivative works of our proprietary content or software without our explicit permission.
- Trademarks: “Atlas UP” and our logos are our trademarks. You aren’t allowed to use them without permission, except as allowed by law. (For example, you can say “We use Atlas UP at our company” – nominative fair use is okay, but don’t misrepresent yourself as us.)
Your IP: These Terms don’t give us ownership of your trademarks, logos, or any of your IP either, except for the license you grant to Content as described in Your Content section. If you list your company name or upload a logo into Atlas UP, we might, for instance, display it back to you in the interface or use it as allowed under the Content license. We might also mention you as a customer (as part of marketing) unless you tell us not to. But we’re not claiming to own your brand or data. All of your rights that aren’t explicitly granted to us remain with you.
Feedback IP: If you send us suggestions or feedback about Atlas UP (like “Hey, you should add a feature that does X”), that’s completely voluntary. We appreciate it, and we may use the feedback without any obligation to you. Consider it a contribution to the cause. We won’t treat feedback as your confidential information, and we won’t owe you royalties or compensation for using it. (Imagine you suggest a feature that we then implement – you don’t later own that feature or get a cut of revenue; you’re just helping make the product better for everyone, yourself included.)
Copyright Infringement (DMCA) Policy: If you believe that content on Atlas UP infringes your copyright, please notify us. We comply with the Digital Millennium Copyright Act (DMCA) for takedown requests. You can send a DMCA Notice to our designated Copyright Agent at copyrightagent@atlasup.com. Your notice should include all the required info (your contact, the work infringed, the URL or ID of the content on our site, a statement under perjury that you own it or are authorized, etc. – standard DMCA requirements). Similarly, if we remove something of yours due to a DMCA notice and you believe it was wrong, you can send us a Counter-Notice asserting your rights. Our Copyright Agent will respond as the law requires. We may remove or disable content that is alleged to be infringing, and for repeat infringers we may terminate accounts.
Other IP Claims: For non-copyright IP issues (trademark, patent, etc.), you can contact us at support@atlasup.com or legal@atlasup.com. We take IP rights seriously. If, for example, someone is using Atlas UP to violate your trademark, let us know and we’ll address it.
No IP Warranty: We do not explicitly warrant that our Product will be free from intellectual property claims.

11. Changes to the Service

Atlas UP is always evolving (AI tech moves fast, and we intend to stay on the cutting edge). Thus:

Product Updates: We may add, modify, or remove features from our Products at any time, often to improve the service or address issues. We strive to avoid disruptions, but we do not guarantee that any particular feature or functionality will always be available. For example, we might introduce a cool new dashboard, or retire an old feature that isn’t working well. If a change is material (significantly alters your experience) and if practicable, we’ll try to notify you in advance. However, some updates might be pushed without notice, especially if security or legal compliance is involved.
Maintenance and Downtime: We reserve the right to temporarily suspend access for maintenance or upgrades. We know downtime is inconvenient, so we aim to schedule maintenance during off-peak hours and to keep it short. When possible, we’ll inform you (e.g., via an email or a banner) ahead of a scheduled maintenance window. But if it’s an emergency fix, we might not have time to warn you. By using Atlas UP, you acknowledge there may be occasional interruptions. (We’ll try not to break anything, promise!)
Beta Features: Atlas UP may release beta features or pilot programs from time to time. These will be clearly labeled (e.g., “Beta” or “Preview”). Such features are provided “as is” and might be less stable. We may limit or disable beta features at our discretion. Use them voluntarily.
Changes to Terms: We may update these Terms from time to time (for example, if laws change or we introduce new features that affect our terms). If we do, we’ll post the updated Terms on our website and update the “Effective Date” at the top. For significant changes, we will make reasonable efforts to notify you (such as by email or a notification in the app). Once new Terms are effective, by continuing to use Atlas UP you’re agreeing to them. If you don’t agree to the new Terms, you should stop using Atlas UP and cancel your account before they take effect. We know legal updates aren’t fun, so we won’t do it without good reason.

12. Cancellation and Termination (By You or Us)

Your Right to Cancel: You can stop using Atlas UP at any time. If you decide to cancel your account or subscription, see the Subscription section above for how to do that and what refunds (if any) you may be entitled to. After cancellation, we may deactivate or delete your account and your Content (unless retention is required for legal reasons or as outlined in our Privacy Policy). We recommend exporting any data you need prior to cancellation.
Account Inactivity: Atlas UP reserves the right to terminate free accounts or trial accounts that are inactive for an extended period. If there’s no activity in your account for 12 months (no login, no API calls, etc.), and you’re not on an active paid plan, we may deactivate your account and delete your Content for storage management. We will attempt to warn you at the email on file before deletion, but we can’t guarantee receipt. So, if you intend to step away for a while but don’t want data deleted, just let us know.
Misuse or Breach by You: If you violate these Terms or misuse Atlas UP, we may suspend or terminate your access at our sole discretion. For example, if we catch you attempting to hack the service, or uploading illicit material, we can disable your account immediately. We’ll usually send a notice of what we found and possibly give you a chance to remedy (if it’s something fixable like removing violating content), but we’re not obligated to do so. In serious cases, termination will be immediate and without prior notice. You will not be entitled to any refunds if termination is due to your breach of the Terms.
Other Grounds for Termination: Atlas UP also reserves the right to terminate your access for reasons including:
- Legal Requirement: If we are required by law enforcement or court order to suspend/terminate service to you, we will comply.
- Security Threats: If we detect unexpected technical or security issues (for example, your account is compromised and is being used in attacks), we may suspend to protect the system.
- Fraud/Abuse: If we find that the account is involved in fraudulent or illegal activities.
- Our Discretion: A catch-all: if we decide (hopefully rarely) that it’s in our best interest to end your use of Atlas UP, we can do so. (We would only exercise this for significant reasons – it’s not our habit to drop customers without cause.)
Effect of Termination: Upon termination by either party:
- We will stop providing the services to you, and you must stop accessing them. Your license to use our software and Products ends.
- Any fees accrued up to termination remain due. We may immediately charge any unpaid amounts to your payment method.
- We will handle your Content per our data retention policy. Typically, we’ll deactivate and eventually delete data after a grace period. If you need a copy of your data, and it’s a permitted scenario, contact us promptly. We can’t guarantee data retrieval once it’s deleted.
- The following sections of these Terms will survive termination: any clauses relating to intellectual property ownership, warranty disclaimers, limitation of liability, indemnification, dispute resolution, and any other clauses which by their nature should survive (e.g., the Content license survives only to the extent needed for us to maintain backups, etc., but generally ends when data is deleted).

We hope to never see you go, but if you do leave, we wish you the best (and maybe you’ll be back someday!).

13. Disclaimers and Limitations

This Section includes important disclaimers and limitations on Atlas UP’s liability.

This section is extremely important. Please read it carefully.

As is. To the maximum extent permitted by law, our Products are provided entirely “as is,” without any warranty whatsoever, and all warranties of any kind, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, are hereby expressly disclaimed. You hereby waive all such warranties.
No warranty creation. No advice or information, whether oral or written, obtained by you from Atlas UP or through or from Atlas UP applications shall create any warranty not expressly stated in these Terms.
Limitation of liability. Except as expressly provided by law, in no event shall Atlas UP, our officers, directors, employees, contractors, subcontractors, suppliers, agents, affiliates, subsidiaries, successors or assigns be liable to you or any party for any direct, consequential, incidental, special or other indirect damages (including without limitation the cost of procuring substitute goods or services, “cost of cover”), losses or injuries arising out of or in connection with these Terms, our Products or any services, content or other materials provided or made available hereunder, or your use of any other links or linked websites. This limitation applies even if we are expressly advised of the possibility of such damages and regardless of whether such damages arise in contract, tort (including, without limitation, negligence), strict liability or under any other legal theory.
Definition of damages. As used in this Section, the term “damages” includes, without limitation, attorneys’ fees, lost profits, physical and/or personal injury, business interruption, and loss of programs or other data on your information handling system. You agree and acknowledge that the economic terms of these Terms fairly and equitably reflect the foregoing allocation of risk, and that such allocation of risk is a material inducement for us to make our Products and Sites available to you.

14. Governing Law and Dispute Resolution

Nobody likes disputes, but if they happen, here’s how we’ll handle them:

Governing Law: These Terms are governed by the laws of the Commonwealth of Virginia, USA, without regard to its conflict of laws principles. This means that if we ever need a court to interpret or enforce these Terms, Virginia law will apply. (We picked Virginia because our headquarters are in Arlington, VA, and we know those courts well.)
Arbitration Agreement: If a dispute arises between you and Atlas UP relating to these Terms or your use of the service, we both agree to resolve it through binding arbitration, not in court (with the exception of certain small claims and injunctive relief noted below). Arbitration is less formal than a lawsuit in court and tends to be faster and cheaper for everyone.
- Any “Claim” (meaning any dispute, controversy or claim arising out of or relating to these Terms or the Products) will be finally resolved by arbitration administered by a neutral arbitrator. The arbitration will be conducted in English and, unless we agree otherwise, take place in Fairfax, Virginia (or another location we both agree on).
- No Class Actions: You and Atlas UP each agree that claims will be brought only in an individual capacity, and not on behalf of any class of people. This means no class actions, no class arbitrations, and no representative collective actions. Each dispute is unique to the party, and must be resolved one-on-one. This is an important waiver: if for some reason this class action waiver is found unenforceable, then the entirety of the arbitration agreement in this section would be nullified for that case, and the dispute would proceed in court (but still on an individual basis).
- No Jury Trial: If for whatever reason a claim proceeds in court rather than arbitration, both you and we waive any right to a jury trial. (Jury trials are lengthy and unpredictable; a judge would hear the case in a bench trial).
- Arbitration Procedure: The arbitration shall be conducted by a single arbitrator, mutually agreed upon if possible. If we cannot agree, the arbitrator will be selected according to the rules of the chosen arbitration service (e.g., AAA or JAMS). Each side is responsible for their own attorneys’ fees, unless the arbitrator awards fees to the prevailing party (consistent with applicable law or in the interests of justice). The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court with jurisdiction.
- Exceptions: Either party may seek injunctive relief or equitable relief in court for intellectual property infringement or misuse (for example, if you violate our IP rights, we can go to court to seek an injunction to stop you, and vice versa). Also, if you are an individual using the service for personal (non-business) reasons, you retain the option to go to small claims court for disputes within the scope of small claims.
Jurisdiction and Venue: In the event any litigation is permitted or required by these Terms (for example, to enforce an arbitration award or a narrow category of disputes not subject to arbitration), you and Atlas UP agree to the exclusive jurisdiction of the state and federal courts located in **Fairfax County, Virginia, or the Eastern District of Virginia (Alexandria Division)**. Both parties consent to personal jurisdiction in those courts. (Basically, if we end up in court, it’ll be on our home turf in Virginia.)
Governing Law (International use): We design Atlas UP to be compliant with U.S. laws. If you use it from outside the U.S., you’re responsible for following the local laws where you are. But the contract between us (these Terms) is still governed by Virginia, USA law.

Arbitration and choice of law clauses can be dense, but we want to ensure any issues are handled fairly and efficiently. By agreeing to these Terms, you are also agreeing to this arbitration agreement and the jury trial waiver. It’s important, so if you want, have it reviewed by legal counsel. We believe arbitration is beneficial to both parties, but if you feel otherwise, you must refrain from using the service (or contact us to discuss if an alternative arrangement is possible).

15. Special Terms for California Residents

(We include this because California law requires certain consumer notices, even though Atlas UP is typically a B2B service.)

If you are a California resident, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 400 R Street, Suite 1080, Sacramento, CA 95814, or by phone at (916) 445-1254 or (800) 952-5210, to resolve a complaint or to receive further information regarding use of our service

California Civil Code Section 1789.3 requires this disclosure. Also, under California law, California users have certain rights to receive information about our data practices (see Privacy Policy for CCPA disclosures) and to not be subject to certain contract terms as consumers. However, if you are using Atlas UP on behalf of a company, these consumer-specific provisions may not apply.

(That’s the end of the California notice. Basically, if you have complaints and you’re in CA, you can reach out to that government office. We of course encourage you to contact us first so we can try to resolve any issue directly.)

16. Miscellaneous

Finally, a few standard (but important) legal housekeeping points:

Entire Agreement: These Terms (together with our Privacy Policy and any applicable Master Services Agreement or BAA) constitute the entire agreement between you and Atlas UP regarding the use of our Products, and supersede any prior agreements on the subject matter. Any prior conversations or materials are not binding. Everyone is on the same page now (literally, this one).
Language: We wrote these Terms in English, and English will be the controlling language in interpreting them. Any translations are for convenience. If there’s a conflict between English and a translated version, the English version prevails.
Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by law, and the remaining provisions will continue in full force. (In short, the rest of the contract stands, even if one clause is struck down.)
No Waiver: If we don’t enforce a provision of these Terms right away, it doesn’t mean we’re waiving our right to enforce it later. For example, if you breach the Terms and we don’t immediately act, we can still act on that breach or a subsequent breach. No silence or delay on our part shall constitute a waiver of any of our rights.
Assignment: You may not assign or transfer these Terms (or your account or rights to the service) to anyone without our prior written consent. Any attempt to do so without consent is void. Atlas UP may assign these Terms or delegate any obligations at our discretion. These Terms bind and benefit any permitted successors or assigns (for example, if we ever merge or are acquired, the new company will honor these Terms).
Indemnification: You agree to indemnify and defend Atlas UP and our subsidiaries, affiliates, officers, agents, employees, partners, licensors and licensees from any claim or demand, including attorney’s fees and costs, made by any third party due to or arising out of your use of our Products.
Relationship of Parties: You and we are independent contractors. These Terms do not create any partnership, joint venture, employment, franchise, or agency relationship between us. You are not our agent, and cannot make commitments on our behalf.
Force Majeure: We are not liable for any delays or failure in performance of the service caused by events outside our reasonable control, such as strikes, blockades, war, terrorism, riots, natural disasters, pandemics, governmental actions, or failure of the Internet or utility services. (If there’s an apocalypse, our service might be down – and we won’t breach the contract for that.)
Notices: We may send you notices under these Terms (including legal, technical, or payment-related notices) by email to the address associated with your account, by postal mail if you’ve given us a mailing address, or by postings within the Atlas UP application. You are responsible for keeping your contact information current. Official legal notices to us should be sent to our mailing address provided below, with a copy to our email if possible.

17. How to Contact Us

We’re here to help and answer any questions about these Terms or Atlas UP in general. You can reach us through any of the following channels, and we will respond as promptly as we can (within 30 days at most, per our promise):

Email: support@atlasup.com
Phone: (703) 224-8090
Mail: Atlas UP, 1100 North Glebe Road, Suite 1010, Arlington, VA 22201, USA

Prefer to talk to a human? Give us a call. Prefer writing? Shoot us an email. Either way, include as much detail as possible so we can assist you effectively.

The Atlas UP Team