ATLYST Terms and Conditions
Thanks for using ATLYST!
Our mission is to improve the way you collect and analyse traffic data by providing an intuitive, unified platform to keep your team in sync and your data safe, coherent and accessible.
These terms of service (“Terms”) cover your use and access to the ATLYST web application (“System”) and subscription services (“Services”). By using our System and Services, you are agreeing to be bound by these Terms.
By uploading data into ATLYST, you implicitly assert that you are the owner of the uploaded file (e.g. corporate logo, site image) or traffic dataset (“File’) or that the owner has given you explicit permission to upload their File. Please do not copy, upload, download, or share Files unless you have the right to do so. You are solely responsible for the collection, accuracy, legality and completeness of the Files you upload to the System.
While we may review your conduct and content for compliance with these Terms, you retain ownership of your Files. These Terms do not give us any power over your Files except for the limited rights that enables us to offer you technical support and to compile aggregated, unidentifiable statistics for public interest.
Your organisation’s subscription level will affect the number of active Services users, number of survey sites allowed by the Systems and the availability of features. However, there is no limit to the number of Files that can be associated to a survey site.
We encourage you to make the most of the features available to you and, once your organisation’s subscription has reached its limits, upgrade to the next level. Under no circumstances should you artificially increase your subscription’s limits by sharing your username and password with any other person.
You will be notified at least 30 days before your subscription is due for renewal. If you fail to pay or provide a purchase order in time, your organisation’s account will be suspended. All your data will be stored for 12 months. If you decide to start using our Services again, we will re-activate your account and you will be able to continue where you left from. Otherwise, your data will be deleted at the end of those 12 months, or if requested in writing to email@example.com.
You are solely responsible to ensure your use of our System and Services are limited to the rights outlined by these Terms. You will not engage in any action of reverse engineering, de-compiling, disassemble or otherwise attempt to discover the source code and underlying algorithms of the System. You will not modify, translate, or create derivate works based on the ATLYST System. You will not license, sublicense, resell or otherwise commercially exploit our System and Services. You will not publish or disclose any evaluation of our System and Services without our prior written consent. You will not access data or log into a server or account without authorisation.
We may prescribe API usage limits, including limits on the number of calls, number of records per call, bandwidth usage and frequency of calls. You are required to adhere to the usage limits prescribed by us to avail uninterrupted service. You understand that we may restrict an activity if you reach the usage limit corresponding to such activity and that an API call may either fail or be partially executed if the usage limits are reached before or during an API call.
We collect and use various information you provide to enable you to successfully use our Services. In accordance with the Terms below, your permission to host, back-up and share your data is implied.
When creating an account, you will be required to provide information such as your name, email address, the name of the organisation you work for and its address. We will occasionally use this information to deliver and promote our Services to you, such as sending you transactional or marketing emails. We will not share this information with anyone else without seeking your approval and explicitly being granted permission to do so.
Both raw and processed traffic data that have been uploaded to the System will be securely stored. We will share your data only when and with the users you have explicitly selected when using our Services. We reserve the right to use your data for generating aggregated, unidentifiable statistics that can be made public and shared with third parties.
We collect information related to how you use the Services, including actions you take in your account (like uploading, sharing, editing, viewing, creating and downloading data), your IP address, the type of browser and device you use, the web page you visited before coming to our sites, and identifiers associated with your devices. We use this information to identify bugs and to provide support, or to improve and protect your usage.
Cookies and pixel tags
Like most other websites and web apps, we use technologies such as cookies and pixel tags to provide, improve and protect our Services. These tools enable your browser to remember your login details for consecutive logins, improve the speed and security of the System and provide you with the best experience when using our Services. To learn more about how we use first and third-party cookies and tags, or to opt-out, please contact us.
Limitation of liability
Our System and Services
We have implemented reasonable security measures, including commercially reasonable technical, physical and procedural controls to protect your data against destruction, loss, alteration, unauthorized access or disclosure to third parties, whether by accident or otherwise. You do, however, accept and agree that despite our efforts, the Internet provides opportunities for unauthorised third parties to gain illegal access to our System and Services. Accordingly, we are not liable for the security, privacy and authenticity of any information that is stored by our System and provided by our Services.
We advise you to use the services of technically skilled persons for the integration of our Systems with Third Party Applications using the APIs we provide. You acknowledge that errors or defects in the integration may cause loss and corruption of data, for which we are not liable.
You must not try to access any functionality that is not exposed in the API documentation. We will not be liable for the consequences of accessing or using any unexposed functionality of the API.
Your user role
If your account has an administration level (“Admin”), you create other Admin accounts, or create and manage end user account (“Viewers”). The overall number of users you can create is limited by your organisation’s subscription level. As an Admin, you also have the right to configure the settings of the Services to suit your organisational needs and you have access to all functionalities included with your subscription level.
If you have a Viewer account, your access is limited to visualising your organisation’s traffic data map and summary reports.
You acknowledge that data quality is directly affected by installation practices. We are not liable for any errors arising during the recording and processing of your Files, including losses and inaccuracies when displaying data summaries, graphical reports, geolocations, or any other computation performed upon your File. You are solely responsible for the conclusions you draw and the decisions you make while and after interpreting your traffic data.
We sometimes release products and features that we’re still testing and evaluating (“Beta Services”). Beta Services will be labelled as such and may not be as reliable as the other Services. Beta Services are made available so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback.
Beta Services are confidential until the official launch. If you use any Beta Services, you agree not to disclose any information about those Services to anyone else without our permission.
We respect the intellectual property of others and we request that you do too. For any breaches of these Terms that affects others, we reserve the right to suspend all involving accounts until an agreement is achieved between the involved parties. We will not act as a judge of the dispute; however, we reserve the right to permanently terminate accounts for repeat infringers.
Any concerns you might have about our System and Services, we encourage you to first get in touch and inform us by sending a complaint to firstname.lastname@example.org. We will try to resolve the dispute informally, but if not settled 15 days from submission, both parties can begin a formal proceeding.
You are free to stop using our Services at any time. By default, all your data will be stored for 12 months. If you decide to start using our Services again during this time, we will re-activate your account and you will be able to continue where you left from. If you wish for your data to be deleted immediately after cancellation, please send a request to email@example.com.
We reserve the right to suspend or terminate your access to the Services. You will be notified of our intention if the reason for this action is your breach of these Terms or your inadequate use of our Services which can harm others. Your account will be terminated immediately, without any notification if you are in material breach of these Terms, informing you would cause us legal liability or harm others, or we are prohibited to inform you by law.
Our Services are provided on a subscription basis and neither your voluntary cancellation, nor our decision to suspend or terminate your account will entitle you to receive a refund for the remaining duration of your subscription, unless your request for cancellation is received within any applicable local cooling-off period, or your account cancellation request comes as a response to new System or Services updates and is received before these changes become effective.
Discontinuation of Services
We may decide to discontinue the Services in response to unforeseen circumstances beyond our control or to comply with a legal requirement. If we do so, we will give you reasonable prior notice to allow you to move your data from our System. If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven’t received Services for.
We may revise these Terms from time to time to better reflect changes to the law, new regulatory requirements, improvements, or enhancements made to our Services.
If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.
If you do not agree to the updates we make, please cancel your account before they become effective. Where applicable, we will offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.