Description of Service
Atto is a web and mobile time and location tracking application from Specta Labs (the "Service"). Your use of the Service is at your sole risk. The service is provided on an AS IS and AS AVAILABLE basis.
You must provide your current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service, including a valid email address. Accounts registered by automated methods are not permitted. Each login may only be used by one person. You can warrant other people access to your company account by inviting them, but they still need to create their own Atto account. Each user is responsible and liable for maintaining the security of their login credentials and password. Specta Labs will not be liable for any loss or damage from failure to comply with this security obligation. Specta Labs reserves the right to refuse service to anyone at any time without notice for any reason.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You are responsible and liable for all content posted to the Service and any activity that occurs under your account. Even when content is posted by - or activities being deployed by - others who have accounts under your account. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Specta Labs customer, employee, member, or officer will result in immediate account termination.
You are not allowed to modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Specta Labs service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Specta Labs.
Specta Labs can, but has no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
If your bandwidth usage exceeds 100 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Specta Labs) of other Atto customers, we reserve the right to immediately disable your account or reduce the Service or its availability to you until you can reduce your bandwidth consumption.
Intellectual Property Rights and Copyright
All the information and/or documents and/or software/programs contained in the Service, as well as all the elements created for the Service are the property of Specta Labs. This information, these documents, software/programs or elements are subject to laws, which protect copyright when they are placed at the disposal of the public on the Service. No license or right other than that to consult the Service is conferred on anyone with regard to intellectual property rights. Unless expressed to the contrary, the social denominations, logos and brands mentioned in this application are the property of Specta Labs. They cannot be used without the prior written authorization of Specta Labs. All the copyright of protected works, which are reproduced and communicated on the Service, is reserved. Except in the case of authorization, any use of works other than individual and private consultation is prohibited.
The nature of the Service may result or require us to have access to the materials, information, and content you upload to the service. Specta Labs acknowledges that some or all of this information may be confidential in nature. By uploading this information to the Service, you agree that Specta Labs may have such access when necessary and appropriate.
Specta Labs will undertake reasonable and lawful measures to ensure that the information remains confidential. In particular, unless compelled by law, Specta Labs shall not directly or indirectly use, disclose, reveal, publish or cause to be disclosed any such confidential information to third parties.
However, please note that confidential information does not include information that at the time of disclosure was generally known to the public; after disclosure becomes generally known to the public through no fault of Specta Labs; or is already in the possession of the receiving party at the time of disclosure through some other source.
You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
For Customers that purchase our Services, fees are specified at the Services interface “check-out” and in the Order Form(s) — and must be paid in advance. Payment obligations are non-cancelable and fees paid are non-refundable.
Unless an Order Form says something different, (a) all subscriptions automatically renew (without the need to go through the Services-interface “check-out” or execute a renewal Order Form) for additional periods equal to one (1) year or the preceding term, whichever is shorter; and (b) the per-unit pricing during any automatic renewal term will remain the same as it was during the immediately prior term. Either party can give the other notice of non-renewal at least one (1) day before the end of a subscription term to stop the subscriptions from automatically renewing.
Service fees are calculated on a per user per month basis and charged monthly or yearly -- depending on the Service Plan and other particulars of the subscription.
Unless otherwise specifically agreed, the billing cycle for any chargeable Service Plan commences on the date when the subscription to that plan takes effect, or, if the subscription includes a free trial period, on the first day following the trial.
All payments for the Service are handled by a third-party payment gateway. Supplier is not responsible for the processing of Customer's payments and shall not be liable for any matter in connection therewith.
Payment for the Service is due in advance by the first day of each billing period, and must be effected by credit card. Customer shall ensure that sufficient funds are available on the relevant account and acknowledges that late payment may result in the suspension of Service or termination of the Agreement.
Supplier may change the fees, rates and the billing cycle applicable to Customer's Service Plan upon a month's notice. If Customer does not agree with the respective change(s), its sole and exclusive remedy shall be to unsubscribe from the Service Plan in question. The fact of Customer remaining subscribed to the Service Plan after any such change(s) shall be deemed to constitute its consent to the respective change(s).
Customer acknowledges that Service fees are non-refundable. For instance: (a) if Customer unsubscribes from a Service Plan or its Service Plan or subscription is modified or the Agreement is terminated or modified in the middle of a billing period, no refund will be given to Customer for any payment relating to that billing period; (b) payments attributable to future billing periods will not be refunded, unless otherwise explicitly agreed.
Supplier's fees and rates are exclusive of value added tax, sales tax and other public burdens, save where Supplier has otherwise explicitly stated. Customer shall be solely responsible for all taxes, duties and burdens that may be levied on its purchase, import, or use of the Service.
Cancellation and Termination
You are solely responsible and liable for fully canceling your subscription. Atto development or support team will never cancel an account on behalf of a user. A support request, forum post, email, telephone call, fax or written request to cancel your account is not considered cancellation. You can cancel your subscription at any time, instructions for which can be found in the Atto web application under Billing. Feedback for canceling of an account is displayed in the user interface and before a user sees that notice it must be presumed that an account is not yet canceled. Specta Labs shall not be liable if a user has failed to follow the instructions precisely.
Your cancellation will take effect immediately and you will not be charged again. However, no refunds will be issued for any previous charges, in whole or in part. In case there was a pre-payment to your Atto account this credit is not refunded, but you are able to continue to use Atto until the credit runs out. You will not be charged thereafter. There is no cancellation fee.
Leaving an account does not always automatically cancel payments for the subscription, it is the user's responsibility to check that this has been done.
Specta Labs shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Specta Labs, in its sole discretion, has the right to suspend or terminate any account and refuse any and all current or future use of the Service, or any other Specta Labs service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account and content or your access to your account and content, and the forfeiture and relinquishment of all content in your account.
Canceling your account and/or running out of credit will suspend your account. In case of a suspended account you have no access to any data, historic or otherwise. Suspended accounts are kept for 12 months and can be re-activated during that time by making a successful payment. If an account remains inactive for 12 months, it will be deleted from the Service and it is not possible to recover any data. You understand and agree to this condition.
Specta Labs reserves the right to refuse service to anyone for any reason at any time. Specta Labs reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Violation of any of the terms in this document called 'Terms of Service' will result in the termination of your account. While Specta Labs prohibits such conduct and content on the Service, you understand and agree that Specta Labs cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials.
Warranties and Liability
Specta Labs does not warrant:
- the Service will meet any specific requirements including but not limited to yours;
- the Service will be uninterrupted, timely, secure, or error-free;
- the results that are obtained from the use of the Service will be accurate or reliable;
- the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations;
- any errors in the Service will be corrected.
You expressly understand and agree that Specta Labs can and shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Specta Labs has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the service;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on the service;
- or any other matter relating to the service.
The failure of Specta Labs to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision or any other right or provision or term described in the terms of Service. The Terms of Service constitutes the entire agreement between you and Specta Labs and govern your use of the Service, superseding any prior agreements between you and Specta Labs (including, but not limited to, any prior versions of the Terms of Service).