Terms of Service

Effective: February 22, 2024
Welcome, and thank you for your interest in ATeam Technologies Inc. ("ATeam Technologies", "Viasonata," "we," or "us") and the Viasonata Service, which can be found at www.viasonata.com (the "Service"). These Terms of Use ("Terms") are a legally binding contract between you and Viasonata regarding your use of the Service including without limitation all content and/or materials available on or through the Service. Please note that these Terms only apply to the Service, and other services owned by ATeam Technologies Inc. may have separate terms governing their use.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY ACCESSING, BROWSING, AND/OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AND ALL OTHER OPERATING POLICIES (INCLUDING, WITHOUT LIMITATION, Viasonata’S PRIVACY POLICY) THAT MAY BE PUBLISHED ON THE SERVICE OR OTHERWISE MADE AVAILABLE TO YOU ON OR THROUGH THE SERVICE (COLLECTIVELY, THESE "TERMS"). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE SERVICE.

1. Eligibility

You must be at least thirteen (13) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least thirteen (13) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization. Furthermore, each party may include the other's name and logos in its customer or vendor lists and other materials.

2. Accounts and Registration

When you register for an account, you may be required to provide us with some information about yourself (such as your mobile number, e-mail address, or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.

3. Prohibited Conduct

BY USING THE SERVICE YOU AGREE NOT TO:
  • Use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
  • Interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;
  • Interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
  • Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Content (as defined below) or the Service;
  • Sell or otherwise transfer the access granted herein or any Content or Materials (as defined below) or any right or ability to view, access, or use any Content or Materials; or
  • Attempt to do any of the foregoing in this Section 2, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section 2.

4. Third-Party Services and Linked Web Services

The Service may include links to other web services ("Linked Services") solely as a convenience to you. Viasonata does not endorse any such Linked Services or the information, material, products, or services contained on or accessible through Linked Services. Furthermore, Viasonata makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Services. ACCESS AND USE OF LINKED SERVICES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SERVICES OR AVAILABLE THROUGH LINKED SERVICES, IS SOLELY AT YOUR OWN RISK.

5. Termination of Use; Discontinuation and Modification of the Service

If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, Viasonata, in its sole discretion, may suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. You agree that any termination of these Terms or termination or suspension of your access to or use of the Service may be effected without prior notice, and you agree that Viasonata will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.

6. Privacy Policy; Additional Terms

Privacy Policy. Viasonata respects and values the privacy of its Users. Viasonata’s Privacy Policy, which can be found at www.viasonata.com/privacy, is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to Viasonata’s collection, use, and disclosure of your personal information.

Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may, from time to time, post on or link to on the Service (the "Additional Terms"), such as terms of use or end-user license agreements for any downloadable applications or services that we may offer, or rules applicable to particular features or content on the Service, subject to Section 7 below. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.

7. Changes to the Terms

We reserve the right, at our discretion, to change these Terms at any time by posting such changes from time to time on the Service or otherwise making them available to you on or through the Service. Please check these Terms periodically for changes. Your continued use of the Service after such changes have been published on or through the Service constitutes your binding acceptance of such changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms in effect at the time such dispute arose.

8. Ownership; Proprietary Rights.

Ownership of the Service. The Service is owned and operated by Viasonata. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (collectively, the "Materials") provided by Viasonata are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of Viasonata or our third-party licensors. Furthermore, all trademarks, service marks, and trade names contained in the Materials are proprietary to Viasonata or our third-party licensors. Your use of the Service does not grant to you ownership of any content, code, data or any part of the Materials you may access on or through the Service. Except as expressly authorized by Viasonata, you may not make use of the Materials. Any commercial or promotional distribution, publishing or exploitation of the Materials is strictly prohibited unless you have received the express prior written permission from Viasonata or the otherwise applicable rights holder. Viasonata reserves all rights to the Materials not granted expressly in these Terms.

Ownership of Content. When you use The Service, you create imaginative stories ("journeys") using your imagination, guided by visual prompts. These stories are not based on any information from your personal life. Once we create an audio track with your story, your connection to the story becomes anonymous, ensuring that it cannot be traced back to you. We may use these anonymized stories to share insights about the human experience and our interconnected journeys through life. You grant us, our affiliates, and trusted third parties we work with rights to use these stories in any capacity that fulfills our mission.

Feedback. If you provide us with any comments, bug reports, feedback, or modifications proposed or suggested by you for the Service ("Feedback"), we shall have the right to use such Feedback at our discretion, including, but not limited to the incorporation of such suggested changes into the Service. You hereby grant Viasonata a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.

9. Indemnity

You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Viasonata and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Viasonata Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party in any way relating to your use of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

10. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. Viasonata SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. Viasonata DOES NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT WILL CREATE ANY WARRANTY REGARDING Viasonata OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE AND ANY MATERIALS OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SERVICES (INCLUDING, WITHOUT LIMITATION, THE LINKED SERVICES) AT YOUR OWN DISCRETION AND RISK. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF CERTAIN WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

11. Limitation of Liability

IN NO EVENT WILL THE Viasonata ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE Viasonata ENTITIES OR AN AUTHORIZED REPRESENTATIVE OF Viasonata HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU AGREE THAT THE AGGREGATE LIABILITY OF THE Viasonata ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 11 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12. Governing Law

These Terms shall be governed by the laws of the State of Delaware without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Viasonata agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Delaware for the purpose of litigating all such disputes.

13. General

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Viasonata regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, Sections 4, and 8 through 15.

14. Notice; Consent to Electronic Communications

Legal notices may be served, with respect to Viasonata and the Service, to legal@viasonata.com, and, with respect to you, either (i) to any email address you have provided to Viasonata, or (ii) through a pop-up or other similar means on the Service. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid, or in the case of updates to the Service, upon your next use of the Service. By using the Service, you agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

15. Contact Information

The services hereunder are offered by ATeam Technologies Inc. You may contact us by sending correspondence to the foregoing address or by emailing us at legal@viasonata.com. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.

© 2024 ATeam Technologies Inc.