SAIL ATLAS - TERMS OF USE

Last updated August 06, 2024

1. AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and HeyAtlas.ai LLC, doing business as Sail Atlas ("Sail Atlas", "we", "us", or "our"), concerning your access to and use of the http://www.sailatlas.app website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").

We are registered in New Jersey, United States and have our registered office at 2307 Lemoine Ave, Suite 330, Fort Lee, NJ 07024. Our EIN is 83-3205576.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions from time to time.

Age Restriction: The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us.

The Content and the Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

Limited License: Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that:

1. All registration information you submit will be true, accurate, current, and complete
2. You will maintain the accuracy of such information and promptly update such registration information as necessary
3. You have the legal capacity and you agree to comply with these Terms and Conditions
4. You are not a minor in the jurisdiction in which you reside
5. You will not access the Site through automated or non-human means, whether through a bot, script or otherwise
6. You will not use the Site for any illegal or unauthorized purpose
7. Your use of the Site will not violate any applicable law or regulation

4. USER REGISTRATION

You are required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password.

5. FEES AND PAYMENT

We accept the following forms of payment:

• Visa
• Mastercard
• PayPal
• Bank Transfer

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site.

Important: All payments shall be in Euros. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

6. FREE TRIAL

We offer a 60-day free trial to new users who register with the Site or otherwise determined in our Purchase Offer provided to you. We reserve the right to change the Free Trial policy at our discretion. The account will be charged according to the user's chosen subscription at the end of the free trial.

7. CANCELLATION

All purchases are non-refundable. You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our services, please email us at info@sailatlas.app.

8. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
• Circumvent, disable, or otherwise interfere with security-related features of the Site
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
• Use any information obtained from the Site in order to harass, abuse, or harm another person
• Make improper use of our support services or submit false reports of abuse or misconduct
• Use the Site in a manner inconsistent with any applicable laws or regulations
• Engage in unauthorized framing of or linking to the Site
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Site
• Engage in any automated use of the system, such as using scripts to send comments or messages
• Delete the copyright or other proprietary rights notice from any Content
• Attempt to impersonate another user or person or use the username of another user
• Upload or transmit any material that acts as a passive or active information collection or transmission mechanism
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site
• Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
• Use a buying agent or purchasing agent to make purchases on the Site
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means
• Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise
• Sell or otherwise transfer your profile

9. USER GENERATED CONTRIBUTIONS

We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").

When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use your Contributions
• Your Contributions are not false, inaccurate, or misleading
• Your Contributions do not violate any applicable law, regulation, or rule
• Your Contributions do not violate the privacy or publicity rights of any third party
• Your Contributions do not violate any applicable law concerning child pornography
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions

10. CONTRIBUTION LICENSE

You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

11. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property.

We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

12. THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Important: Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site.

13. SITE MANAGEMENT

We reserve the right, but not the obligation, to:

1. Monitor the Site for violations of these Terms and Conditions
2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions
3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions
4. In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems
5. Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site

14. PRIVACY POLICY

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms and Conditions.

Please be advised the Site is hosted in Germany. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Germany, then through your continued use of the Site, you are transferring your data to Germany, and you agree to have your data transferred to and processed in Germany.

15. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below.

Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

16. TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Site.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

17. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

18. GOVERNING LAW

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of New Jersey applicable to agreements made and to be entirely performed within the State of New Jersey, without regard to its conflict of law principles.

19. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions, the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:

• No arbitration shall be joined with any other proceeding
• There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures
• There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons

20. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

21. DISCLAIMER

22. LIMITATIONS OF LIABILITY

23. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

1. Use of the Site
2. Breach of these Terms and Conditions
3. Any breach of your representations and warranties set forth in these Terms and Conditions
4. Your violation of the rights of a third party, including but not limited to intellectual property rights
5. Any overt harmful act toward any other user of the Site with whom you connected via the Site

24. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

26. MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

27. CONTACT US