Terms and conditions
READ THESE TERMS AND OUR CONFIDENTIALITY POLICY CAREFULLY BEFORE USING THE ATLAS PLATFORM (ATLASHELP.NET) BECAUSE THEY CONTAIN INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS.
PARTICULARLY, OUR SPECIALISTS MUST BE AWARE THAT THEY ARE THE ONLY ONES RESPONSIBLE FOR THEIR ACTIVITY ON OUR PLATFORM TO BE ACCORDING TO THE LAWS OF THEIR COUNTRY OF ORIGIN.
SOME COUNTRIES HAVE LAWS THAT DESCRIBE IN DETAIL AND LIMIT THE ACTIVITIES PROVIDED BY THE SPECIALISTS, REQUIRING THEM TO BE LEGALLY REGISTERED, TO HAVE A WORKING LICENSE OR OBTAIN ONE, BEFORE THEY CAN PROVIDE LEGALLY A SPECIFIC ACTIVITY.
IF YOU DO NOT CONSENT TO RESPECT THESE TERMS, DO NOT USE THIS PLATFORM.
Last updated on: January 28th 2018
1. Terms / Glossary
AtlasTech SRL makes available an online platform that connects/facilitates the interaction between Specialists, that can provide an activity online legally and/or in a physical location (headquarters, cabinet, office, etc), with their Clients, that are seeking or are in need of the services practiced by them (further on named “Services”), Services which can be accessed at www.atlashelp.net and/or www.atlashelp.ro and/or app.atlashelp.net (further on named “Website”, “Platform”, “Online platform”, “Atlas”, “Atlashelp”, “Atlashelp.ro”, “Atlashelp.net”) and/or apps for smart phones, tablets, other smart devices and even APIs (Application Program Interfaces) (further on named “Apps”).
“Atlas Beta” or “Beta” - The Atlas platform is still in a phase of development and testing (beta) and it is because of this that it may yet contain defects/bugs/issues that can affect the activity provided on the platform. Furthermore performance problems may exist on the platform which is why you should submit your feedback/opinion on any malfunction, suspect activity or inconsistency.
In case you decide to use the Atlas platform, these Terms and Conditions of use apply to you and describe the relations between yourself and AtlasTech SRL, company that is registered in Romania, The European Union.
A “User” represents any person or entity that has gone through the process of registering on the Atlas Platform, thus including but not limited to Clients and Specialists.
A “Specialist” represents a User, previously registered, who creates / lists Sessions / Appointments via the Atlas platform.
“Specialist Service” represents any activity and/or service which can be provided in a legal and legitimate manner in the online environment and/or in a physical location (headquarters, cabinet, office, etc) or which is not explicitly forbidden by the law of the country / state / territory where the Specialist performs their activity, by a performing Specialist, through direct interaction (audio and/or video and/or in person, in a physical location) with one or more clients, independently or concurrently.
A “Client” represents a User who requests from a Specialist the booking of a Session / Appointment via the Atlas Platform, or a User who participates in an online meeting, that takes place on Atlas, or in a meeting in person/in a cabinet/at the headquarters that takes place in a physical location, and who is not the Specialist listed for said Session / Appointment.
A “Meeting”, “Appointment” or “Session” represents Specialized Service which is listed by a Specialist with the purpose of consumption and/or purchase by a Client, via the Atlas Platform.
An Online Meeting represents any meeting / appointment / session, free or paid for, booked on the Atlas platform, which is to take place online, through video and audio interaction directly on Atlas, between a Specialist and his Client or Clients.
An Instant Online Meeting represents any type of meeting characterized by the fact that the Specialist is offering it to his Client for free and no prior booking needs to be done.
An Offline meeting is any meeting / appointment / session, free or paid for, booked on the Atlas platform, which is to take place in a physical location indicated by the Specialist, through physical interaction between them and their Client or Clients.
Instant Offline Meetings represent meetings that the Specialist can add to Atlas concurrently with the creation of a Bill in their Cabinet, which allow him to bill services that had been consumed in their cabinet/in a physical location, for which the Client had not made a prior appointment on the Atlas platform and for which the Client had pain in cash or card.
“Content” represents any material, text, graphic, images, sounds, software, audio, video product, information and other materials.
“Atlas Content” represents the entire content which AtlasTech make available through the Atlas Platform or that is related to promotional / advertising campaigns or to official social media channels, including even content licensed by a third party.
“User Content” means the entire content that a User drafts, uploads, displays, makes public, transmits or includes in their User Profile, in their written/audio/video massages that their send to other Atlas users and in their listed appointments and/or other appointments they might participate on the Atlas platform.
“The Entire Content” represents the Atlas Content and the User Content.
“Taxes” represent any commission, taxes regarding sales, Value-added taxes (VAT), taxes for goods and services etc.
AtlasTech SRL is a legal entity registered in Romania, with the number J40/1230/2015, with the tax registration certificate number 34066094 and the social headquarters on Dornei street, number 121, Sector 1, Bucharest.
AtlasTech is a technology developer not a service provider, and the liability for the services taking place on the platform on via the platform is established directly between the Client and the Specialist.
The purpose of the platform is to facilitate the access of the Users to the Services listed on the platform.
AtlasTech SRL offers its services both to the Clients and to the Specialists. The services offered are an online/virtual environment and technical solutions that allow the interaction between the Specialist and the Client.
AtlasTech guarantees that it uses the newest technology in order to offer a good experience to its Users, in conditions of maximum security and confidentiality. Because of this:
- All communications are secured using SSL standards.
- In the development of the platform the security standard HIPAA was taken into regard.
- All communications between the Users of the platform are encrypted, only being visible to the participants.
- The online meetings between users are consumed in real-time, through a secured link, neither AtlasTech and nor any other party having access or being about to record these meetings.
These Terms and Conditions of Use refer to the Entire Content of Atlas, as it was defined above, available on the platform. Read all information carefully and, if you do not agree to it, do not use the platform.
3. Conditions of use
By using the Atlas platform you agree to comply and be legally responsible of the terms and conditions presented (further on “Conditions of Use”, “Terms and Conditions” or derivatives), regardless whether you are or will become a User on the Atlas Platform.
These conditions of use stipulate and govern the access and use by you of the Atlas platform and represent a legal agreement between yourself and AtlasTech SRL.
Furthermore, these Conditions of Use represent a legal agreement also between the users of the platform (Clients and Specialists) which decide to interact, online or in a physical location, following their activity on the Atlas Platform. Interacting is understood as, but not limited to, visiting/viewing the profiles of the users, the exchange or written text messages, sending of files, the booking of an appointment be it free or paid for, taking part in a meeting online or in a physical location, etc.
Besides what has been mentioned, other areas of the Atlas platform, may have specific rules mentioned in different Terms and Conditions, Standards, Policy, Guidance that you must evaluate and/or agree to separately and punctually. In case of a conflict between the Conditions of Use and the Conditions of other areas, the latter will be prioritized regarding the use or access in and to that specific area of the Platform.
In case you do not agree with the Terms and Conditions of Use, you have no right to use the Atlas platform or any information available on it.
Failure to respect the use of the platform in conformity with the Terms and Conditions of Use can become the object of some civil and criminal sanctions.
THE WEBSITE, THE APP AND THE SERVICES REPRESENT AN ONLINE PLATFORM THROUGH THE MEANS OF WHICH THE SPECIALISTS CAN CREATE/LIST MEETINGS/APPOINTMENTS/SESSIONS FOR THEIR PROVIDED SERVICES AND THE CLIENTS CAN VIEW, BOOK, PAY AND/OR CONSUME THEM DIRECTLY, THROUGH ONLINE INTERACTION OR IN A PHYSICAL LOCATION WITH THE SPECIALISTS.
THUS YOU UNDERSTAND AND agree to the fact that ATLASTECH SRL:
- IS NOT AND DOES NOT HAVE A PART IN THE AGREEMENT MADE DIRECTLY BETWEEN THE SPECIALIST AND THEIR CLIENT / CLIENTS;
- DOES NOT PROVIDE SERVICES IN THE NAME OF THE SPECIALIST;
- HAS NO CONTROL OVER THE SERVICES PROVIDED BY THE SPECIALIST DIRECTLY TO OTHER USERS, CLIENTS OF THEIRS;
- HAS NO CONTROL OVER THE BEHAVIOUR OF THE SPECIALISTS, CLIENTS OR OTHER USERS WHEN USING THE ATLAS PLATFORM.
THUS ATLASTECH DOES NOT TAKE RESPONSIBILITY OF THESE MATTERS, UP TO THE LEGAL LIMIT.
IN CASE YOU CHOOSE TO CREATE/LIST APPOINTMENTS ON THE ATLAS PLATFORM, YOU MUST UNDERSTAND AND AGREE TO THE FACT THAT that THE RELATION WITH ATLASTECH IS LIMITED TO THE FACT THAT YOU ARE A USER AND A THIRD PARTY PROFESSIONAL, INDEPENDENT, AND NOT AN EMPLOYEE, AGENT, PARTNER, ASSOCIATE OF ATLASTECH SRL, WHICH TAKES ACTION EXCLUSIVELY IN THEIR OWN NAME AND FOR THEIR OWN BENEFIT AND NOT IN THE NAME OR OF ATLASTECH.
ATLAS DOES NOT CONTROL AND DOES NOT HAVE THE RIGHT TO CONTROL YOUR APPOINTMENTS, THE ACTIVITIES PERFORMED DURING THE ONLINE MEETINGS OR THE ACTIVITIES PERFORMED REGARDING YOUR APPOINTMENTS OR ANY OTHER ACTIVITIES REGARDING THESE.
AS A USER OF THE ATLAS PLATFORM YOU HAVE THE RESPONSIBILITY AND HAVE TO AGREE TO NOT UNDERGO ACTIVITIES THAT WOULD CREATE A FALSE IMPRESSION REGARDING THE FACT THAT YOU COULD BE CERTIFIED, IN ASSOCIATION, OR EVEN TAKE ACTION IN THE NAME OF OR IN THE BENEFIT OF ATLASTECH SRL, THROUGH THE WRONG USAGE OF THE INTELLECTUAL PROPERTY OF ATLASTECH SRL.
ATLASTECH CAN DISPLAY ON THE PLATFORM THE FACT THAT YOU ARE A VERIFIED SPECIALIST, ONLY IF YOU SPECIFICALLY REQUEST THIS, IN WHICH CASE ATLASTECH CAN CHECK IF YOU ARE ACCREDITED BY THE LOCAL AUTHORITIES IN YOUR COUNTRY/STATE/TERRITORY TO LEGALLY PROVIDE YOUR SERVICE
THE ATLAS PLATFORM IS STILL IN A STATE OF DEVELOPMENT AND TESTING(BETA) AND IT IS BECAUSE OF THIS THAT THERE MAY BE A POSSIBILITY OF IT YET CONTAINING DEFECTS/BUGS/ISSUES WHICH CAN AFFECT THE ACTIVITY PERFORMED ON THE PLATFORM. FURTHERMORE, THERE MAY BE PERFORMANCE PROBLEMS AND, BECAUSE OF THIS, IT IS VERY IMPORTANT TO SEND FEEDBACK/YOUR OPINION REGARDING ANY MALFUNCTION, SUSPECT OR NONCONFORMING FACTIONING. THUS, YOU MUST UNDERSTAND AND AGREE TO PROTECT/INSURE YOUR PERSONAL DATA ON THE PLATFORM, TO USE THE ATLAS PLATFORM CAREFULLY AND TO NOT RELY ON ITS CORRECT FUNCTIONALITY.
YOU MUST UNDERSTAND AND AGREE TO THE FACT THAT, THROUGH THE USE AND ACCESSING OF THE ATLAS PLATFORM, DOWNLOADING, DISPLAYING OR CONSUMING ANY CONTENT ON THE PLATFORM, YOU CERTIFY THE FACT THAT YOU HAVE READ UNDERSTOOD AND AGREED THAT THESE TERMS AND CONDITIONS OF USE ARE OPPOSABLE TO YOU AND ONLY SO CAN YOU BENEFIT OF THE ATLAS SERVICES, WHETHER YOU HAVE REGISTERED ON THE WEBSITE OR APP, OR NOT.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, THEN YOU WILL HAVE NO RIGHT TO ACCESS OR USE THE ATLAS PLATFORM AND ITS ENTIRE CONTENT.
IN CASE YOU AGREE TO THESE TERMS AND CONDITIONS IN THE NAME OF A COMPANY OR OF ANOTHER LEGAL ENTITY, YOU MUST DECLARE, CERTIFY AND GUARANTEE THE FACT THAT YOU HAVE THE LEGAL AUTHORITY TO REPRESENT THE CERTAIN COMPANY OR LEGAL ENTITY FOR THE AGREEMENT TO SUCH TERMS AND CONDITIONS AND, BY DOING THIS, THE CERTAIN COMPANY OR LEGAL ENTITY HAS ITSELF LEGAL RESPONSIBILITY.
4. Modifications and changes
AtlasTech SRL reserves the right, to our free choice, to modify and change the ATLAS Platform or to modify these Terms and Conditions of Use, including even Commissions of Use, in any moment and without any prior notice.
In case the Terms and Conditions of Use will change, we will publish the modifications on the Atlas Platform and/or we will notify you regarding said changes.
The date of the last update will always be available in the upper section of these Terms and Conditions of Use and we will update it with every modification and/or change.
The continuation of using the Atlas services after we have published the modification on the Platform or after you have been notified about it, implies your agreement that you have been made aware of these changes.
In case you do not agree with the modifications to the Terms and Conditions of Use or these are not acceptable anymore to you, your only option is to cease using the Atlas Platform.
5. Eligibility conditions
The Atlas Platform and the Entire Content are addressed only to people who have already reached the age of 18.
Any access or use of the Atlas Platform by a person below the age of 18 is completely forbidden.
By using the Atlas Platform, you acknowledge and warrant that you are of at least 18 years of age at the time of that visit.
AtlasTech SRL can obtain, verify and use at any time, within the limits imposed by the legislation enforced in each country / state / territory, given from public sources regarding the criminal record, criminal convictions, criminal recordings (generic, sexual nature, etc.), of the Users of the Atlas Platform.
You agree and approve that Atlas will use your personal information, such as your name, surname and date of birth, to obtain such data directly from AtlasTech SRL or its suppliers.
6. What is Atlas
AtlasTech is a technology provider that provides a secure online platform for listing Specialist Services for the facilitation, access, purchase, and consumption of these Services by Users.
Viewing a Specialist’s profile, services, and meetings/ sessions / appointments can be made by unregistered users of the platform.
In the eventuality of you wanting to access these services (booking, payment, consumption, etc), or if you want to list yourself as a Specialist and expose your services and appointments / sessions within the Platform, you must first register and create an Atlas account.
If you decide to interact with another Platform User or purchase / consume online or in a physical location any service listed by Specialists on the Atlas Platform, you understand that the interaction is done directly with that user. AtlasTech is not a service provider for any of the listed services on the platform, nor can it be a substitute for a Specialist, so the relationship between the Specialist and the Client is a direct one between the two parties.
As described above, AtlasTech provides an online platform / marketplace and all the utilities / functionalities necessary for Clients and Specialists to meet and interact both online or in a physical locations directly, with AtlasTech's responsibility being limited to facilitating access to Platform itself.
Thus, you understand and agree to the fact that AtlasTech:
- Cannot and does not control any User Content information (information available in the User Profile, Schedule / Session data, etc.)
- Has no control over the services the Specialist practices;
- It is not responsible for the technical quality of online service provision (video quality, sound quality, etc.);
- It is not responsible and does not certify the existence, in reality, of the physical location that the Specialist indicates as the venue for offline meetings in that certain location;
- It is not responsible for the quality and efficiency of the professional services provided by the Specialist.
All interactions between the Specialist and the Client (messages, file exchange, reservations, online meetings or in a physical location etc.) will be made and accepted at the risk of each User.
7. User Account
In order to benefit from the services provided by the Atlas platform, to list services on the Platform and to buy and consume them, it is necessary to have a User account.
You can create a user account on the Atlas Platform
Furthermore, you can create a user account with the help of other online platforms (social media platforms) including, but not limited to: Facebook and LinkedIn.
Your User account and Profile will be created based on personal information wish you have decided to fill in and provide for us or had been obtained by us following the registration using other online platforms.
You may only have one active account on the Atlas platform. Any User account has associated the role of a Client. Based on the role of the Client, they can interact with the Specialists listed on the Atlas platform.
Any Specialist which provides services and lists Sessions on the Atlas Platform has a User account. Furthermore, any Specialist, also has the role of a Client, based on which they may book, pay and consume services listed by other Specialists.
You must agree to having your provided information during the process of registration and creation of the account to be correct, up to date and complete. You must also agree to update this information as many times as it is necessary in order for it to remain correct, up to date and complete.
AtlasTech reserves the right to suspend and even close down your User account and, thus, to limit / end the access to the online Platform in case you create more than one User account or in case any information provided during the registration process, or even subsequent to it, is proven to be inexact, incomplete, outdated or in contradiction to these Terms and Conditions.
Regarding the password associated with your Atlas User account, you are the only one responsible for its safekeeping. You thus agree to not communicate this password to a third party and have the full responsibility of your actions on the Atlas Platform, whether you have authorized those activities or not.
In case you notice or are suspicious of fraudulent use of your account, you have the responsibility to notify AtlasTech urgently.
8. The Specialist Profile and Verified Specialists
Any user that has successfully created a User Account and, implicitly, has obtained the role of a Client can choose to create a Specialist profile.
By taking the steps of registration as a Specialist you must agree to the fact that the information provided during the process is correct, up to date and complete. Furthermore, you must agree to update this information as many times as necessary so that it remains correct, up to date and complete.
At the end of the process of creating a Specialist profile, your Specialist account will appear in the Inactive state, AtlasTech having to subsequently verify and decide the approval of the creation of the account or the decline of it.
Only the accepted Specialists Profiles will appear in the search list of the Clients.
The verifications made by Atlas can refer to but are not limited to:
- The Specialist Service selected by the Specialist during the process of registrations not forbidden by the law of the country / state / territory where the Specialist is performing his activity;
- The correctness of the information used in the filling of the Specialist profile;
- The Profile picture must represent the Specialist's person and be in the style of a portrait. Lower are some examples of picture that are not to be used:
- Words or phrases;
- Logos of other companies, brands etc;
- The information not to be fake;
- The information not to be given in the name of another Specialist;
In case AtlasTech considers that one or more recommendations mentioned above have not been fulfilled, it can decide at any moment and without any further explanation that a certain Specialist Profile will not be accepted/validated or can withdraw the validation previously given.
You can always view the status/state of you Specialist profile on the Atlas Platform.
In case the Specialist wishes for Atlas to certify the fact that their activity is being performed legally and according to the law of the country they are performing it, said Specialist may phrase such a request using the Atlas Platform.
Remember that not all services the Specialists can list and provide illicitly on the Atlas Platform must be regulated by the states / countries / territories where they provide their activity from. In such cases, the requests for validation of the Specialists will be meaningless.
9. The listing of Appointments / Sessions
As a User of the Atlas Platform, in case that your Specialist Profile has been validated, you can create Meetings / Appointments / Sessions for your services.
In order to list such an appointment, you will have to provide the following information, but not limited to: the date and time of the beginning, the duration, the type of the meeting (Online, on Atlas or Offline, in a location), the total price that the Client will be paying and the currency in the case of the sessions that are not free of charge, etc.
Regarding the type of the meeting, you must understand and agree to the fact that, the total costs that the Client has/will pay effectively in the case of online meetings, on Atlas, are considerably smaller than in the case of Offline meetings, undergone in a physical location (in the case of the latter costs of transportation and the time effectively spent traveling to said location etc are also added)
Regarding the total Price and Currency applied / associated to all listed meetings on the Atlas platform, you must understand and agree to the fact that:
- You have the responsibility for them NOT TO BE DIFFERENT than the ones you have settled on/use currently, at your cabinet or in any other circumstances, in similar conditions (including type of client, day of the week, time of the day etc.);
- Atlas can make verifications, under the conditions of these Terms and Conditions, regarding the prices you perform your services for currently (in your Cabinet but also in other circumstances) and can decide, by its free choice and discretion, if the prices listed on the platform are in accordance with the norms of the present document;
- Atlas can encourage the Users of the platform to report any rule violation regarding the prices and the currency requested by you, on Atlas;
- Atlas can decide, at its free choice and discretion, to shut down / delete / deactivate your account without any prior notification because of this.
All these Meetings/ Sessions / Appointments will be made public on the Atlas Platform. You must understand and agree to the fact that the displaying, positioning and order of the sessions/ appointments and your profile, within the searches made by Clients, can depend on a series of factors including, but not limited to, the Client's preferences, evaluations / ratings, online presence of the Specialists at the moment of the search made by the Client, the history and frequency of your online presence, the number of sessions listed and/or purchased on the platform, details of the Sessions / Appointments, etc.
Other Users can book and buy sessions listed by you on the Atlas platform, based on the information and details of every Session and of the specific Terms and Conditions displayed during the process of the booking and payment. You must understand that once a Client has booked and purchased a Session that was listed by you, you do not have the right to request or modify the price and/or currency of the payment.
You must understand and agree to the fact that you are the only one responsible for any Session listed and any User Content you decide to display on the Atlas Platform.
Furthermore, you have to guarantee the fact that any session listed and/or purchased and also the meeting itself, online or in a physical location, between you and your Client’s respects is in accordance to the legislation in force at the time (the legal undergoing of the activity provided, practice license, taxes, Intellectual Property, etc.).
Atlas reserves the right to, at any moment and without prior notice, delete or restrain access to your Services or Sessions for any reason, including those services or sessions which Atlas considers, at its own free choice, as unacceptable for whatever reason, through the violation of these Terms and Conditions or in any other way that may be damaging to the Atlas Platform.
As a Specialist, you must understand and accept the fact that Atlas does not take action as an insurer or a contract agent. If a Client books an appointment and/or buys a service provided by you on the Atlas Platform, said service is directly consumed, between you and the Client, so that any agreement/accord is made between you and the Client, Atlas not being part of it.
Atlas makes available to its Users a series of functionalities of the Platform with the purpose of helping you take the most appropriate decisions regarding the way you interact with other Users. You must understand and agree to the fact that, as a User, you are responsible for your actions, decisions and omissions.
10. The booking of the Sessions, Financial and Payment Conditions
The Full Price or Total Sum represents the value that the specialist introduces when listing a new Session on Atlas, a sum which the Client pays at the moment of the definization of the booking process and which is the basis of the calculation of the Total Value of the bill of the Specialist and the Total Value of the Atlas bill.
The Specialist Tariff represents the commission which Atlas perceives from the specialist for his access to the Atlas services. The quantum of this commission may differ from case to case, according to multiple factors, including but not limited to: professional criteria, professional quality of the Specialist, the volume of the listed sessions and sold/purchased session of their, the data when they create their profile as a Specialist, etc., but it cannot surpass 15% of the Full Price.
This Specialist Tariff applies to all meetings listed by the Specialists on Atlas and also all services they commercialize through the platform.
Even so, cases may exist, in which according to the field of the Specialist, their country/state/territory where the Specialist is registered and is performing their activity legally, but other factors as well, Atlas can perceive even a Specialist Tariff of 100% from the First Meeting which a new Client (compared with said Specialist) books and pays for on the platform.
You must understand and agree to the fact that AtlasTech can modify at any time, at its own free choice, and without any prior notice or approval, the quantum of the commission requested by the Specialist, regarding their access to the services of the Platform. These modifications are determined by but not limited to:
- Promotional and advertising campaigns by AtlasTech and its partners;
- Stimulation and/or growth of the Specialist base;
- The volume of sales done by the Specialist.
The Client Tariff represents the commission that Atlas perceives from the Client for the access to the services on the Atlas Platform. The quantum of this commission can differ from case to case, according to multiple factors, including but not limited to: the country/state/territory of the Clients home address, the quantum of the Sessions listed as purchased by the Client in a specific time span, the Client's membership in a legal entity with which Atlas had negotiated specific commissions, etc., but cannot surpass 10% of the Total Sum.
You must understand and agree to the fact that AtlasTech can modify at any time, at its free choice and without prior notice or approval, the quantum of the commission perceived from the Client, regarding their access to the Services of the Platform. These modifications can be determined by, but not limited to:
- Promotional and advertising campaigns by AtlasTech and its partners;
- The stimulation and/or growth of the Client base.
Total Specialist Invoice Value represents the sum the Client own the Specialist for their services, which appears on the tax invoice, issued automatically on the Platforms, by the Specialist to the Client, when the Clients books and pays via Atlas for a service listed by the Specialist (Online session, Offline session, Subscription for chat/messaging services, etc.). This is made of: the Total Price from which the Client Tariff is subtracted. This invoice will contain Taxes too in case, according to the law in force, taxes are perceived, including the Value-Added Tax – the taxes will be determined automatically based on the identification data of the Specialist, Client is AtlasTech, including, but not limited to: the country / state / territory where the activity takes place or they live, the quality of VAT payer, the type of entity (legal or individual), etc.
The Audit represents the succession of all action that have taken place regarding a certain Meeting / Session / Appointment by the agency of the Users, Atlas or partners. It can be viewed both in the section Appointments and in Analytics, by selecting the right option regarding every Session/Appointment.
The Grace Period represents the span of time used on Atlas to determine:
- The time span before the Beginning Date of an online session, when the Users can enter the online meeting and, thus, can begin the session;
- The time span a session / appointment / meeting can be prolonged in case it reaches the End Date of the Session;
- The time span taken into account when determining if the Specialist has participated for enough time in the Session / Appointment that is taking place online, on Atlas, and thus if the Session / Appointment becomes eligible to be settled by AtlasTech to the Specialist or if, on the contrary, to return to the Client the Total Value Specialist Invoice.
Validation Code is an unique code associated with every offline / physical, free or paid for, that is generated and sent via e-mail and/or SMS to the Client when they have booked such a meeting / appointment / session. This verification code must be communicated by the Client to the Specialist after their offline meeting, in a physical location by the latter, has taken place. The Validation Code will be used by the Specialist to confirm that the offline meeting, in a physical location has taken place.
The Time of Validation of Offline Meetings represents the time span of 24 hours since the End Date of the Session which the Specialist has available to submit, on the Atlas platform, the code generated by the platform and communicated by the Client.
In case the Validation Code is submitted successfully on the platform in the Time Span of Validation, the specific Meeting is eligible to be settled/paid to the Specialist.
In case the Validation Code is not successfully submitted on the Atlas platform within the Validation Time Span, the specific meeting will be considered to not have taken place and, thus, the sum of money paid by the Client, associated with the Total Value of the Specialist Invoice, will be refunded automatically.
The Validation Code can be generated again by the Client at any time, once it was first generated and until the moment it has been successfully submitted to the platform by the Specialist or the Validation Time has ended.
The Beginning Date of the Session represents the date and exact time selected by the Specialist when listing a Session / Appointment on the Platform. This date should not be mistaken to the Date when the Session begins.
The Duration of the Session represents the time span in minutes, established by the Specialist when listing the Session on the Atlas Platform.
The Date of the Start of the Session represent the exact time when a listed session has started/was initiated by one of the Users involved in it. The date of the start of the session must always be between the Beginning Date of the Session minus the Grace Period.
The Ending Date of the Session represents the exact time the Listed Session should be finalized and calculated with the Date of the Beginning of the Session to which the Duration of the Session is added.
WARNING! ALL DATES BY THE FORMAT DATE AND TIME, ARE SAVED ON THE ATLAS PLATFORM ACCORDING TO THE GMT TIME ZONE AND ARE DISPLAYED TO THE USERS IN THE TIME ZONE THEY SELECT IN THE SECTION OF MY PROFILE. IF THE TIME MENTIONED ANYWHERE DOESN'T RESPECT THE RULES ABOVE THE USED TIME ZONE WILL BE EXPLICITLY MENTIONED.
THE ATLAS PLATFORM WILL NOTIFY THE USERS IN CASE THE TIME ZONE DEFINED IN THE MYPROFILE SECTION IS DIFFERENT THAN THE TIME ZONE OF THE WORK STATION USED FOR ACCESSING AND NAVIGATING ON THE ATLAS PLATFORM.
THUS, YOU MUST UNDERSTAND AND AGREE TO THE FACT THAT YOU ARE THE ONLY ONE RESPONSIBLE REGARDING THE SETTINGS YOU CHOOSE ON THE ATLAS PLATFORM, AND ESPECIALLY REGARDING THE TIME ZONE AND TIME SPAN YOU CHOOSE TO HAVE DISPLAYED ON THE PLATFORM. REMEMBER THAT, IN CASE OF NONCONFORMING/WRONG SETTINGS, THESE IS A POSSIBILITY TO NOT BE ABLE TO PARTICIPATE TO THE ONLINE SESSIONS OR TO THE ONES THAT WILL TAKE PLACE IN PHYSICAL LOCATIONS AND THUS TO BE RESPONSIBLE FOR THE EFFECTS THIS FACT MAY HAVE.
b. For the Specialists
Once created, Meetings / Appointments / Sessions afferent, the provided services become eligible to be booked and purchased by Clients. In case no Client buys a Session until the date of its beginning, the Appointment automatically expires
Once a Session is booked and successfully purchased by the Client, Atlas will notify you about this via an e-mail containing all details regarding the purchased Session, the Client who has purchased it, the unique identification of the payment transaction, the type of meeting (online or offline), etc.
Furthermore, you have this information available:
- The audit of the Session / Appointment represents the place where you can view all actions made by Users regarding the specific Session at the time they have been made;
- The bill or bills associated with the specific Session / Appointment, available in the Analytics section on your Dashboard.
When the payment is being made by the Client, Atlas, through its partner that manages electronic payment, will collect the entire sum paid by them, meaning the Full Price / Total Sum.
The entity authorized to provide online payment services and card data is Netopia SRL, RO15565496, J40/9170/2003, Pierre de Coubertin Boulevard 3-5, office building, 4th floor, Bucharest, Sector 2, 021901.
Atlas will initiate / settle the payment to the Specialist for the provided services only of said service has been consumed successfully between the Specialist and Client.
Atlas will initiate / settle to the Specialist the payment for the services provided and consumed successfully in one of the following intervals, according to the type of Specialist (Premium or non-Premium) and their options:
- During the following day of the consumption of the specific service;
- Weekly, on the Mondays following the week when the service has been consumed successfully – this interval is known as the Implicit Interval of Settlement Initiation.
- Twice monthly:
- On the 15th day of the month for the services consumed in the interval between the 1st of the month inclusively and the 15th of the month exclusively;
- On the 1st of the next month, for services consumed in the interval between the 15th inclusively and the end of the month.
- Once a month, on the 1st day of the month following the service successfully consumed.
The premium Specialist is able to choose their interval, from the 4 named above, when Atlas is about to initiate the settlement of the provided and successfully consumed services.
For all the non-Premium Specialists, Atlas will use the Implicit Interval of the Settlement Initiation, which means that the settlement will happen weekly, on the Monday of the week following the provided service successfully consumed.
When a Premium Specialist chooses another interval than the implicit one and their Premium quality expires, at the certain date, the expiration of the respective interval will be switched automatically to the implicit interval.
The rules that certify the fact that an online Meeting, undergone through interaction via audio and/or video directly on the Atlas platform and, thus, the service has been consumed successfully, are:
- The online Meeting/Session has been started and both Users have confirmed its ending. This happens when one of the User has requested of the other the ending of the session, using the functions of the Atlas platform especially created for this purpose, and the latter has confirmed, by selecting the respective option, that they agree to the ending of the session;
- The online Meeting/Session has been started, the Client had entered the meeting at least once, and the Specialist has participated to it at least the number of minutes equal to the Duration of the Session/Appointment from which the Grace Period is subtracted;
- The online Meeting/Session has been started, the Specialist has participated in the Meeting for at least the Grace Period, calculated from the Date of the start of the Session, and has left the meeting before the Client has entered for the first time.
The rule that certifies the fact that an offline meeting, that was to take place in a physical location by the Specialist and known to the Client at the moment of finalization of the booking and/or payment process and, thus, the provided service was successfully consumed is:
- The Validation Code being submitted successfully by the Specialist on the Atlas Platform during the Validation Period.
In case none of the above rules have been met, Atlas will automatically refund the Total value of the Specialist Invoice to the Client. In this case, both the Client and the Specialist can view and generate the Storno Bill for the respective sum in the Analytics section available on their Dashboard.
Remember the fact that the effective collection of the sums in the Specialist's account, or the Client's, in case of refunds, can be influenced by the following factors, including but not limited to:
- The correctness of the information regarding the bank and bank account that the User submitted on the Atlas Platform;
- The day of the week when the payment to Atlas is initialized;
- The working days of the banks specific to the country / state / territory and/or the bank where Atlas or the User have opened accounts deciding to not make banking transactions;
- The bank where the User has their opened account and the banking/professional relations they may have with the bank where Atlas has its banking account.
c. For the Clients
The Specialists, and not Atlas, are the only ones responsible for honoring the Sessions you have booked and purchased on the Atlas Platform. In case you, as a Client, wish to make a transaction which implies the booking and payment of a Session listed by a Specialist, you must understand and accept that this specific action is part of the accord between yourself and the Specialist.
Furthermore, you must understand and agree that you, and not Atlas, have to take responsibility for your taken or non-taken actions regarding the Specialist on the online Platform, during the meeting in the physical location indicated by the Specialist during the booking process or anywhere else you may decide to interact with the Specialist. Thus, you certify and understand that AtlasTech declines any responsibility that may result from or regarding the accord between you and the Specialist.
The total sum you will be paying in case you decide to buy a Session listed by a Specialist will be displayed accordingly on the website.
Furthermore, you may view at any moment, both in the list of Sessions listed by the Specialist and in the Payment Process steps (booking wizard), what said sum is composed and also the detailed values of the sums it is composed of.
The values that compose the Total Sum can be influenced by:
- The fact that you are registered or not on the Atlas Platform;
- The country / state / territory you submitted on you Profile (regarding the VAT associated with the service you are about to purchase, etc.)
- The type of entity (legal or individual, registered or not as having to pay the VAT, etc.) that you decide to utilize/select when doing the payment.
The Total Sum is composed of the Total Value of the Specialist Invoice to which the Total Value of the Atlas Invoice is added.
The User's payment card Data will not be available to AtlasTech SRL nor will it be stored by AtlasTech SRL, but only by the institution of authority of the transaction or another entity that is authorized to provide data storing services of card identification, about the identity of which the User will be informed, during the payment process, before the submission of the data.
The entity that is authorized to provide online payment and card data storage services is Netopia SRL, RO15565496, J40/9170/2003, Pierre de Coubertin Boulevard 3-5, Office building, 4th floor, Bucharest, Sector 2, 021901.
When a Session has been booked and purchased successfully by you, Atlas will notify you of this via an e-mail which will contain all details regarding the purchased Session, the specific Specialist, the unique identification of the payment transaction, etc.
Furthermore, you are made available the following information:
- The Audit of the Session / appointment - where you can view all actions taken by the participating users regarding the respective session and the time when they happened;
- The bills associated to the respective Session / Appointment, available in the Analytics section.
In case that, for various reasons, according to the Terms and Conditions, the afferent payment of a Session must be refunded, Atlas will refund the Client automatically the Total value of the Specialist Invoice.
In order to complete that which is mentioned above, in case a payment is refunded, in the Analytics section you can view the details of the storno bill associated to the specific payment.
d. Commissions and Taxes
As a consequence of using the online platform, the system of booking, the online and/or offline interactions, in physical locations, between the Users, AtlasTech perceives from them commissions for its services. Furthermore, where this can be applied, AtlasTech may collect Taxes (like VAT) regarding the available services on the Atlas Platform.
Information Regarding commissions, discounts and prices perceived by Atlas will always be available on the online platform, being displayed both during the booking / payment process and subsequent to it, in the invoice/invoices associated with the Sessions / Appointments purchased.
e. Discounts / Sales / Benefits
Atlas may sign contracts / conventions with its partners, by means of which the employees or contributors of the respective partner can benefit of sales / discounts / benefits to the Total Price added by the Specialist when listing a specific meeting on the platform.
These sales / discounts / benefits apply only in the case of the Total Price associated with a meeting / session / appointment listed, booked, purchased and consumed via the Atlas Platform and only those meetings for which the bills are issued on the Atlas platform. Thus, you must understand and agree to the fact that:
- The discounts do not apply to meetings that took place directly between the Specialist and his Clients, that had not been listed, booked, purchased and consumed via the Atlas Platform;
- The discounts do not apply for other products and/or services that the Specialist may commercialize to their Clients dependently or independently of the objective of the service listed, booked, purchased and consumed via the Atlas Platform (for example but not limited to: touristic packages that the Specialist may issue bills for independent of the Atlas platform; prices/taxes for the issuing / redaction of any documents; interest rates or banking credits, etc);
- The discounts do not apply to the products and/or services that the Specialist may offer the Clients on the Atlas Store (for example but not limited to: books, articles, videos, courses, etc).
The quantum of these sales / discounts / benefits is negotiated and agreed to by Atlas together with each partner, individually and directly, and is not the object of any prior consultation with the Specialists listed on the Atlas Platform. The respective sales / discounts / benefits may have a value between 0.1% and 100% of the Total Price which the specialist submitted for a meeting listed on Atlas.
However, there will be a maximum limit to the quantum of the sales / discounts / benefits which the specialists will specify directly to their Clients, employees or contributors of Atlas.
This maximum limit of the sales / discounts / benefits added by the Specialists will by of a maximum of 15% of the Total Price.
In case the quantum of discounts negotiated by Atlas with its partners is higher than 15%, the difference between the respective percentage and the maximum limit will be granted by Atlas.
Since the Atlas Platform is destined for all Specialists, the ones that do not wish to offer sales / discounts / benefits to the Atlas partners may choose to leave the program at any time.
f. Free Sessions
The Free Sessions represent those Appointments which a Specialist lists as being free of charge and which a Client can book directly, without effectively taking the Payment steps of the booking process (booking wizard) or paying for these.
The number of such sessions is limited and a Specialist can view at any time the number of these, available in the My Profile section. The Specialist may purchase from the Atlas Store Free Sessions.
1 free session is 30 minutes long. In case a Specialist creates a Meeting / Appointment / Session of a duration longer than 30 minutes, the number of free sessions associated is the entire number, obtained directly by rounding up if the resulted time is in decimal form, calculated by dividing the duration by 30. For example: if a Specialist chooses a duration of 75 minutes for a meeting, the number of free session associated to the respective session is: 75/30 = 2.5, which rounded up is 3.
The Free Session Successfully booked cannot be rescheduled or canceled.
g. The First Session Discounted
"First Session Discounted" is the system implemented within the Atlas Platform through which Specialists can offer, at a reduced cost, the first session they have with a Customer with whom they have not had sessions until that time.
Thus, when creating a Specialist Profile, and at any time, within the My Profile section, a Specialist can determine if they offer such an option to customers they have not had sessions before.
Also, the Specialist can determine at any time what is the actual amount of this discount, choosing one of the options available within the Platform.
The manner in which such a meeting is listed remains the same as that in which a non-free meeting is created, the Specialist isn't required to do anything special / different.
As long as the option is active, only the Customer who has not had a session with that Specialist will see, instead of the total fee set by the Specialist for that Session, its discounted price. However, the same Session will be viewed with the Total Price by an existing Customer of that Specialist or by an unauthenticated user still on the Platform.
From the moment the Customer initiates the booking process of a "First Session Discounted" session, the Booking Wizard steps will be the same as those of the Free Meeting Reservation process.
Successfully booked sessions of the "First Session Discounted" session type can not be rescheduled or canceled.
Regardless of how a session called "First Reduced Session" will end (successfully concluded, the Client does not attend the meeting, the Specialist did not participate in the meeting, etc.), the next Meeting between the Specialist and the Client will no longer be possible to be of this type.
h. Money back guaranteed
Some Specialists may select the option "money back guaranteed" so that their Clients may request, at the end of a Meeting without any reason for justification, the refunding of the afferent some of the Total Specialist Invoice Value.
The Client may exert this right at any time during the interval between ending date of the Meeting, if the refund has not been done automatically, and the date when Atlas will initiate the settlement of the respective sum to the Specialist. The date when the settlement can be initialized depends on the Implicit Interval of Settlement or another option in the case of a Premium Specialist if they have selected so.
11. The Canceling and Rescheduling of Sessions and the Refunding of the Sums
a. by a Specialist
In the case that, for various reasons, the Specialist can no longer participate to a Session / Appointment purchased by a Client, they have two options available:
- They can cancel the Session with up to one hour before its scheduled starting time. In this case Atlas will automatically refund the Total Value of the Specialist Invoice to the client;
- They may request the rescheduling of the respective session for another date, with up to one hour before the scheduled starting time, in case there is no other term set by a premium Specialist. If a reschedule is not confirmed by the Client, Atlas will automatically perform a refund of the Total Value of the Specialist Invoice to the Client.
The client will be notified regarding the cancellation of their Session and will be able to view on the Atlas Platform the details regarding this and also the details of the storno bill automatically generated.
b. By the Client
In case that, for various reasons, the Client can no longer participate to a Session / Appointment purchased by said client, they can request a rescheduling of the respective session of another date.
The time interval that they can do this in is always displayed in the payment process steps (booking wizard) and in case there is no limit mentioned by the specialist, the rescheduling can be requested with up to one hour before the start date of the Session.
If a reschedule is not confirmed by the Specialist, Atlas will automatically perform a refunding of the Total Value of the Specialist Invoice.
c. Other Stipulations
The Premium Specialists may establish an interval after which their Sessions cannot be rescheduled.
Even so, any listed Session on the Atlas Platform can’t be canceled or rescheduled with minimum of one hour before the Starting Date of the Session.
Thus you must understand and agree to the fact that the client will be refunded the Total Value of the Specialist Invoice in the case in which at the starting date of the session:
- A cancellation request had been initiated but not finalized;
- A rescheduling request had been initiated but not finalized (accepted by the other party or for which, at their turn they made a new rescheduling proposal, that was not finalized).
You must also understand and agree to the fact that:
- The free booked Sessions cannot be cancelled or rescheduled;
- Sessions of the type "First Free Session" that have been booked cannot be cancelled or rescheduled.
12. About how the Sessions should be carried out
a. Before the Meeting
Direct Sessions online or offline between the Specialist and the Client, constitute the main objective of Atlas and because of this they have to be prepared ahead of time and carefully.
It is important that before the session you make sure that everything will carry out normally and there won’t be any:
- In the case of online sessions, problems regarding:
- Your equipment (webcam, microphone, browser used, etc.);
- Your internet connection;
- The location where you participate to the online Meeting from.
- In the case of offline sessions, problems regarding:
- The existence of the physical location indicated by the Specialist and made known to the client at the date of the booking
- The arrangement of the physical location so that it can satisfy / meet the minimum conditions required by the law of the state / country / territory where it is located, by the practices unknown in the field or the common sense regarding the carrying out / provision in good conditions of the specific service;
- The time it takes to arrive to the respective physical location.
Thus you understand and agree to the fact that, in the case of online Sessions:
- You have an installed and configured and will always use a webcam and a microphone and they both function accordingly;
- You have installed and configured and will always use a web browser that is compatible;
- You have a stable internet connection of high speed that allows traffic of content both video and audio. Discuss with your ISP if your network's compatible and if it guarantees video and audio traffic;
- In case you decide to use a mobile connection, you have a stable network connection and of high speed (4G) which functions without lagging. Make sure that the upload and download speed and the compatibility / limits of the internet access provided by your ISP are appropriate.
- You will participate in an Atlas session from a singular and stable location and there is no movement (vehicle, train, plane, boat/ship or any other means of transportation or recreation);
- It is your direct responsibility to make sure all equipment necessary for carrying out a Meeting on the Atlas platform is correctly functioning;
- In case something is not correctly functioning and you find yourself in the impossibility to initiate, participate to and/or continue a Session on Atlas, it is your direct responsibility, AtlasTech having no responsibility or obligation;
- There is a possibility, in the case of an nonconforming functionality:
- For the payment to the Specialist to not be Settled;
- For the refunding of the Total Value of the Specialist Invoice to not be automatically initiated;
- For the Client to send a review / feedback / opinion regarding the Specialist.
In the case of offline sessions, you must understand admit and agree to the fact that:
- It is the Specialist's direct responsibility to arrange properly the physical location they have indicated on the Atlas Platform as the venue for the physical meeting with the Client, so that it can satisfy / meet the minimum of the requirements for the activity required by:
- Law of the State / country / territory where it takes place;
- The known practices in the field;
- Usages and/or good practice.
- In case that, for various reasons, the effective meeting should take place in another location that the one initially agreed to and known to the Client at the end of the booking process, it is the responsibility of both parties to communicate and agree to these changes ahead of time;
- It is the responsibility of the Users (Client or Specialist) to try to arrive at the physical location;
- At the end of the meeting, the Client has the obligation to communicate to the Specialist the Validation Code generated automatically at the end of the booking process or subsequently in case you generate it again manually;
- In case the Validation Code is not communicated to the Specialist or is not submitted by the specialist in the span of 24 hours since the Ending Date of the Session, the Total Value of the Specialist Invoice will be refunded to the Client;
- Atlastech has no responsibility regarding the way the Users decide to interact in offline meetings or regarding the physical location where the meeting is to be taken place.
Any booked and/or purchased online Session on the Atlas platform becomes eligible to be initiated in the time interval between the Starting Date of the Session from which the Grace Period is subtracted and the End Date of the Session to which the Grace Period is added. For example, let us assume that the start date is 01.01.2022 and the time 16:00 and the Grace Period on the Atlas Platform is 10 minutes, the online Session becomes eligible and can start in the time interval between 01.01.2022 at 15:50 - 01.01.2022 at 16:10.
As a consequence you must understand admit and agree to that fact that:
- The date of the initiation date of the Session is between the Starting date of the 'Session minus the Grace Period and only after that certain date can you initiate and have access to the online Session;
- In case the Session is initiated between the Starting Date minus the Grace period, the respective period is considered as part of the actual Session, so that All the rights and obligations of the parties, and all the functions provided by Atlas will apply during this period;
- In case the respective session is not initialized by any of the Users, the refunding process of the Total Value of the Specialist Invoice will automatically start;
- AtllasTech will not differentiate in any way or reason for which a session was not initiated, regarding the rules of settling the sums with the Specialists;
- Only the parties involved have the right to visualize and initiate the certain Session;
- For security reasons and in order to limit the access to the Sessions to only the people involved, AtlasTech has implemented a two factor authentication system that is available to Atlas Clients;
- All events that took place regarding the initiation and starting of the online Session and marked accordingly and can be viewed/consulted at any time in the Audit of the respective Session.
Any Session booked and/or purchased on the Atlas Platform, will be displayed on Atlas as being eligible to begin at the Starting Date of a Session from which the Grace period is subtracted.
Given that this type of meeting will take place between the Client and the Specialist in a physical location, independent of the Atlas Platform, the exact date and time of its effective initiation, the participants to the meeting and any other events that may regard this Session cannot be known by AtlasTech and will not appear on the Platform.
c. The way the Session is carried out
Once, in an online Session that started already, regardless whether online or offline, there are two participants (or at least two participants, in the case of Multiple Sessions), the respective Session it is considered as being carried out.
You must understand admit and agree to the fact that:
- During the entire duration of a Session you are in a singular and stable location, that is not moving (vehicle, train plane, ship or other means of transportation or recreation). In case of an offline Session, you will physically participate in the communicated location that has been made known to you during the booking process or any other location agreed upon beforehand by the Users;
- Once the online Session has started, only the ones connected in it can view the images and receive the sounds (the audio and video signal) and no other party can;
- You have the obligation, both as a Specialist and as a Client, make all diligences and efforts and take all measures and actions in order to fulfill during the Session the goal for which it was listed, booked, purchased, initialized and being carried out;
- In the case of online sessions, the video and audio signal is not recorded by AtlasTech or any of its partners, the communication is being done directly between the equipment of the Users. Thus you must understand and agree to the fact that the video and audio signal is not generated by AtlasTech, is not produced by Equipment belonging to the platform, but only facilitate the connection in a Session, the functions available in it, the management of the session generally, the Audit of the events carried out during the session, etc. you are the only ones responsible for the quality of the video and audio content, and AtlasTech has no responsibility in this regard.
- Thus, you must understand and agree to the fact that the equipment you are using (workstation, computer, the equipment used for accessing the Atlas Platform, the webcam, the microphone, etc.) used for the session may be the ones that influence the quality of the video and audio content;
- You will not abuse the usage of functions that turn off the webcam or the microphone during the Online sessions. You must understand and agree to the fact that only a Session with uninterrupted video and audio content can reach the goal it was listed, booked and purchased for. It is your main obligation the necessary minimum to have the Meeting carried out without audio and/or video interruptions;
- Do not have a disturbing, abusive or harassing behavior when using the Atlas Platform or during the Sessions carried out online or offline;
- Throughout the entire session you are obligated to not upload, publish, transmit audio and/or video content that:
- Violates touches on invention patents, copyright issues, commercial brands, commercial secrets, moral rights or any other rights to intellectual property, or right to advertisement if third parties;
- That violate or encourage any behavior which may lead to the violation of the law, legislation, rules, etc;
- Is fake, fraudulent, deceiving (directly or by omission)
- Is defamatory, obscene, pornographic, vulgar or offensive;
- Promotes discrimination, racism, hate, harassment or harming of individuals or groups of individuals;
- Is violent, threatening or which promotes illegal substances or activities;
- You have no right to record / store / share, via any means, the video and/or audio content of an online Session
- You have no right to record / store / share it, by any means.
d. The Ending
A Session being carried out can only end if the goal that has been listed, booked, purchased and/or initiated for was reached, and because of this, the practices guarantee that they will participate in the session for as long as possible, within the limits of the duration of the session.
Furthermore an online Session may end when it reaches the time limit for which it was initiated.
AtlasTech understands that, in certain cases, may be prolonged beyond the Duration for which it was registered and because of this any session being carried out will be automatically prolonged with the Grace Period.
Thus you must understand, admit and agree to the fact that, in the case of offline Sessions, by case:
- You have the obligation, both as a Specialist and as a Client, make all diligences and efforts and take all measures and actions in order to fulfill during the Session the goal for which it was listed, booked, purchased, initialized and being carried out;
- A meeting ended through common agreement, as a consequence of an initiation/sending of a request to end by one party and the acceptance of the other of the respective request, it is considered that the goal that it was listed, booked, purchased and initiated for was reached;
- Furthermore, in an online Session it is considered that the goal has been reached when:
- The online Meeting/Session has been started, the Client had entered the meeting at least once, and the Specialist has participated to it at least the number of minutes equal to the Duration of the Session/Appointment from which the Grace Period is subtracted;
- The online Meeting/Session has been started, the Specialist has participated in the Meeting for at least the Grace Period, calculated from the Date of the start of the Session, and has left the meeting before the Client has entered for the first time.
- The Grace Period is considered as part of the Session that it prolongs automatically, so that all rights and obligation of the parties, and the functions of the Atlas platform will remain active for this period;
- In case that, of negligence, by mistake or omission or intentionally you will close the window/tab of the web browser, this respective event will be registered as it happened and will be available in the Audit. Thus the time when you leave an online session, the time spent outside the session is kept track of separately from the time spent in the session. You must understand and agree to the fact that: the time outside of the session, whatever the cause, determines directly whether it can be settled or not according to the rules;
- In case the online session will be closed because of external causes independent of your will (from electricity, the shutdown of the internet services, natural calamities etc.) this cannot be individualized or treated differently than the cases when you decide to or mistakenly close the session. Thus you must understand and agree to the fact that AtlasTech:
- Is not responsible in any way for such cases, external events, natural calamities, exceptional states of mind, major causes, etc.
- Will treat all sessions ended the same regarding whether a session has reached the goal is was listed, booked, purchased, initialized and carried out for, regardless how or why it has ended;
- Will not offer compensation to neither of the parties, in reference to the mentioned session. In case both parties decide to somehow compensate for that specific session, the way in which this will happen cannot in any way by opposable to AtlasTech.
- All events carried out during an online Session are marked accordingly and can be viewed/consulted at any time in the Audit of the respective Session.
In order to improve the services provided on the Atlas platform, at the end of the online meetings / sessions, on some cases, the Client will have the opportunity to rate the way they have interacted with the Specialist during the Session.
Since Users have the obligation to try to reach the goal of the listed, booked, purchased sessions that have been initiated and are being carried out, you must understand, admit, guarantee and agree to the fact that in case of being disconnected from an online session:
- To use all diligence and effort and take all measures and actions possible to reconnect as fast as possible to the online Session
- To identify the cause that determined the disconnection and use off diligence and effort and take all measures and actions to resolve and prevent such situations, so that the following sessions carried out on the Atlas Platform not to be affected by these.
All events carried out regarding the disconnection and reconnection during an online session are marked accordingly and can be viewed/consulted at any time in the audit of the respective session.
f. Guaranteed money refund
The Atlas Platform offers Specialists a tool to loyalize Clients by which, at a Customer's request, the Total Invoice Specialist Value can be guaranteed refunded if the Session has been successfully completed.
The specialist has full control over this tool being able to activate or deactivate the respective option at any time in the My Profile section.
If a Client which has booked, purchased and carried out a session Successfully with a Specialist that at the time was offered the option of "money refund guaranteed" wishes, for various reasons, for a refund of the Total Value of the Specialist Invoice, they may request this directly since the moment the respective Session has ended successfully and until the moment Atlas initiates the procedures of settlement of the respective Session to the Specialist.
13. Written messaging and Subscriptions to chat/messaging services
Atlas users, in the Client-Specialist relationship, can communicate between each other with written messages on the platform, at any time and for free.
With this being said, some Specialists can consider that the professional services listed on Atlas and legally practiced by them can transfer in an efficient way to the Clients, through written messages, in which case they can set a price for this type of communication/service.
In such cases, the respective Specialist will be able to set a maximum number of free messages that can be sent by the Client in a 24h interval, but also Subscriptions that will permit an unlimited exchange of messages in a certain interval of time, as specified in the following:
- 1 week Subscription
- 2 week Subscription
- 1 month Subscription
The price that the Specialist will introduce to the Atlas platform for each type of subscription is similar to the Total Price of Atlas Sessions, previously described, this price following to be paid by the Client.
The Total Price or The Total Sum, as in the case of the Sessions listed on Atlas, are at the base of calculating the Total value of the Specialist invoice and of the Total value of the Atlas invoice which are given out when this service is purchased.
Furthermore, the whole mechanism of calculating the price and commissions is identical with the one for the Sessions listed on Atlas, for the 2 partners (Client and Specialist), it being described in previous sections.
Each of the different subscriptions, once purchased, will permit the Client to communicate in an unlimited way with the respective Specialist for a period of 1 week (7 days) or 2 weeks (14 days) or 1 month (30 days) from the moment when it was purchased.
With that being said, if the Client purchases such a subscription even though he is already in an interval in which he can communicate unlimitedly, as consequence of a previous purchase, the period of 1 week (7 days), 2 weeks (14 days) or 1 month (30 days), determined by the type of new subscription that was purchased, will start to be counted from the previous expiry date, as such prolonging it accordingly.
Even if the Client purchases a subscription that permits him to send an unlimited number of messages to the Specialist in the respective interval, this does not change in any way the manner in which the Specialist decides to answer the respective messages.
As such, you understand and agree that, in the case of subscriptions:
- The Client can send, in the respective interval, an unlimited number of messages to the Specialist without the limit imposed to those that have not purchased this sort of service;
- The specialist can answer these messages in the same manner that he decides to answer the messages sent for free;
- Although the Specialist will make all efforts to respond to messages sent on the platform by other Atlas Users, the Atlas platform, the Client or anyone else can’t impose an obligation to him to answer in a certain time interval or to effectively answer all messages sent by the client;
- Both the client, and the Specialist, from the moment that such a subscription has been purchased, can’t decide unilaterally or bilaterally the cancellation of the respective subscription and the restitution of any corresponding sum/value written on one or both of the invoices emitted automatically.
14. Unique Recommendation Code for Atlas services, Atlas Voucher and Atlas Credit
All Atlas users can recommend the services listed on the Platform.
This section describes the means through which a current user can receive Atlas Credit when inviting other people (friends, family, members of the community in which they are active, acquaintances, etc.), create an Atlas account and use the services available on the Platform.
Each Atlas user has a Unique Recommendation Code that they can distribute either directly from the platform, or through other means they deem useful (spoken word, classic mail, email, etc.)
When someone creates an Atlas account and uses, upon creation, a valid Unique Recommendation Code from another Atlas user:
- The new user, the one that used the valid Unique Recommendation Code, will receive Atlas Credit in their account. This credit instantly becomes Available Atlas Credit, and can be used to purchase any of the services listed on the Atlas platform and only when the payment is made online;
- The user whose Unique Recommendation Code was used upon creating a new user account will also receive Atlas Credit in their account. This credit is considered, for the moment, Inactive Atlas Credit. Inactive Atlas Credit, or part of it, becomes Available Atlas Credit when the user that created their account using the Unique Recommendation Code purchases any service from the ones listed on the Atlas platform.
To charge/fill the account associated with the Atlas Credit, the platform users can also use vouchers.
The vouchers can be issued by the Atlas platform or by authorized partners and have the following characteristics:
- Value - they are placeholders for the Atlas Credit that the user will receive in their account upon successfully activating the voucher
- Validity - period after the creation of the voucher in which the user that activates the voucher can use the associated Atlas Credit
- Activation code - unique number through which the voucher is identified and activated on the platform
When an active voucher is entered, its value is immediately converted to Available Atlas Credit.
Thus, you understand and agree that:
- Available Atlas Credit may be used for purchasing any service listed on the Atlas platform as follows:
- Online or offline Sessions (in the Specialist’s office), by the Client;
- Subscriptions to chat services (Message/Chat Therapy, etc.) by the Client;
- Other products and/or services listed by Specialists, by the Client;
- Premium Atlas Subscriptions, by the Specialist;
- Free Sessions packets, by the Specialists;
- Cashouts/Discounts applied to your personal account, by the Specialist.
- Available Atlas Credit may be used, on the Atlas Platform, only when purchasing a service that is listed on the Atlas platform, such as they were defined above, for which payment is made online (by card or any method implemented and accepted by the Atlas Platform)
- Available Atlas Credit may be used by the Specialist and with the purpose of applying Discounts/Cashouts and only under certain conditions.
The process and general provisions for the use of Available Atlas Credit by Specialists may be, but are not limited to:
- The Specialist may request a Discount/Cashout only after attaining a minimum threshold of Available Atlas Credit. This is solely defined by Atlas and may be changed at any moment, without prior or subsequent notice;
- For every Discount/Cashout request, Atlas will charge a fee out of the discounted sum. This fee is solely established by Atlas and may be changed at any moment, without prior or subsequent notice and will always be displayed on the Specialist’s profile.
- With every Discount/Cashout request an Invoice will be issued automatically, by the Specialist for Atlas, which will contain the details on the effective and individual value of the Atlas Credit for which the Discount will be applied + the value of the fee charged by Atlas for the discount.
You must understand and agree that you are solely responsible for upholding all laws, rules and regulations and tax obligations that will apply to you while using the Atlas Platform. Thus, you do not have the right and agree to:
- Not break any rule, local, state, provincial, national or otherwise, or any decision of any court regarding the activity performed by you, or any policies regulating the tax regimen;
- Not use manual or automated software, devices, scripts, “robots”, “backdoors” or any other means in order to access (for example, but not limited to, “scrape”, “crawl”, “spider”, etc.) any page of the Atlas Platform.
- Not access the Atlas Platform or the Atlas API in order to use, display or give the right to use or to display any content belonging to the Platform that:
- Is not publicly displayed by AtlasTech on its search and result pages or the pages listed before a Session is booked/bought;
- Differs in any way from the Atlas Terms and Conditions or any other Atlas Policies, Regulations, Terms and Conditions;
- Is not in agreement with the rules regarding the privacy or any rights of the Users and/or any Third Party.
- Not use the Atlas Platform commercially or otherwise if not explicitly permitted by the Terms and Conditions, or in any manner which would give the false impression that you are recommended or are acting in partnership with Atlas, or in any way which would, falsely, lead to the conclusion that you are affiliated with Atlas;
- Do not prejudice, in any way, the identity and brand of Atlas, including by:
- Unauthorized use of the Atlas Content;
- Registering and/or using Atlas or of names that are similar, derived, etc. for domain names, commercial names, trademarks, etc.;
- Registering and/or using names that imitate or that could, by virtue of their similarity to Atlas, cause confusion.
- Not copy, store, access or use any information belonging to Atlas with any purpose other than the ones explicitly stated by these Terms and Conditions.
- Not violate the rights of Atlas or the rights of any other person or entity regarding, but not limited to: property, privacy, advertising, contractual rights;
- Not modify, deteriorate, destroy Atlas by methods which can include, but are not limited to, viruses, “cancel bots”, “Trojan horses”, malicious code, ‘flood pings”, ‘denial-of-service” attacks, “backdoors”, “spoofing”, “forged routing” or other such methods/technologies;
- Not use Atlas to transmit, distribute or send information related to any entity, including, but not limited to:
- Photos of other people without their express permission;
- Information related to personal contact details;
- Information related to bank accounts, credit/debit cards, etc.
- Not use Atlas to send/distribute unsolicited email messages (SPAM);
- Not stalk/harass any User of the Atlas Platform. Moreover, do not collect or store personal information related to other Atlas Users with any purpose other than transactions as a Specialist or Client.
- Not offer or list sessions for services which you do not provide directly or for which provision and usage via virtual medium is forbidden or limited.
- Not register or create more than 1 (one) Atlas account. Moreover, do not register/create an Atlas account/Atlas Accounts on behalf of someone else;
- Not book and/or pay for Sessions where someone else will participate, but not you yourself, unless Atlas explicitly permits this;
- Not contact another Atlas member/user with any purpose other than one related to the listed Services and Session, effective appointments, requests for rescheduling, etc.
- Not recruit or ask, in anyway, any other User of the Atlas Platform to join any third party website/platform/service that is a competitor of Atlas, without the previous written agreement of AtlasTech;
- Not use the Atlas Platform on behalf of another person or entity, not use forgery or deceive any other Users of Atlas regarding your identity within the Platform;
- Not use scripts or any other means to collect information available within the Atlas Platform;
- Not use the Atlas Platform to find a Specialist or Client and end the booking process, pay for and/or consume the Session without Atlas (either using other websites or offline/physically), with the purpose of circumventing obligations related to paying Atlas commissions and taxes associated with its services.
- As a Specialist, not list Sessions that contain false or deceiving information, including related to the provided services or their prices.
- Not post, upload, publish or send content which:
- Violates or prejudices patents, copyrights, trademarks, trade secrets, moral rights or any other intellectual property rights, publishing rights or the private life of Third Parties.
- Violates or encourages behavior that would lead to the breaking of laws, regulations, rules, etc.
- Is false, fraudulent, deceiving (directly or by omission);
- Is slanderous, obscene, pornographic, vulgar or offensive;
- Promotes discrimination, racism, hate, harassing or harm of individuals or of groups of individuals;
- Is violent, threatening or promotes illegal activities or substances;
- Not take, sporadically/systematically content from the Atlas Platform.
- Not use, display, expose the informational content of the Atlas Platform.
- Not access or use non-public areas of the Atlas Platform.
- Not probe, scan or test the vulnerability of any system of the AtlasTech network, not break the rules related to security or authentication;
- Not avoid, circumvent, eliminate, deactivate, modify, descramble or.
- Not try to avoid, circumvent, eliminate, deactivate, modify or descramble any means implemented with the purpose to protect the Atlas Platform by AtlasTech or its partners;
- Not use any methods to falsify the traffic and/or TCP/IP packets in order to send modified, false or deceiving messages regarding the identity of the source of the message;
- Not try to decipher or disassemble the source code, or reverse engineer any software solution used by the Atlas Platform;
- Not encourage, advise, determine or assist any person or entity in doing any of the above;
As a Client, do not accept or make any payments for services provided outside of the Platform by the Specialists listed by Atlas. If you do, you agree that:
- You are in violation of these Terms and Conditions;
- You accept full responsibility for such a payment;
- You understand that Atlas is not a part of and will not be held responsible for such a payment.
As a Specialist, do not ask or try to determine other Atlas users to:
- View your profile on other websites or platforms;
- Contact you by phone or in any other way (text message or any other services or applications that use a phone number);
- Contact you by email;
- Contact you on social media platforms and/or web or mobile apps, etc.;
- Make a payment outside of the Atlas platform (directly to your account or to someone else’s account);
Considering this, you understand and agree that it is completely prohibited for you, in relation to the users, to:
- Distribute/communicate any existing profile or profiles on other websites or platforms to which you or other people on your behalf have access;
- Distribute/Communicate your personal or professional phone number, or the personal or professional numbers of other persons;
- Distribute/Communicate your personal or professional email address, or the personal or professional email address of other persons;
- Establish that booking/buying, etc. of your services be done on other platforms, external to Atlas.
If any, but not only, the above points are violated, you understand, admit and agree that:
- You are in violation of these Terms and Conditions;
- You accept full responsibility associated to these violations, such as:
- Unilateral deactivation or deletion of your account by Atlas, without prior or subsequent notice
- The notification of all (existing and/or future) clients by Atlas regarding the fact that you have violated the Atlas Terms and Conditions;
Atlas has the right to investigate and prosecute violations of any of the above rules to the full extent of the law. Furthermore, as provisioned by these Terms and Conditions, Atlas may take a series of steps and actions against those that do not uphold these rules, which could mean, but are not limited to, deactivating/cancelling/deleting your account, cancelling listed Sessions on the Platform, etc.
Atlas will be able to access, keep, reveal and/or provide your information, if this is required as a consequence of regulations or laws in effect, or if the information is used to:
- Answer a complaint against Atlas
- Answer subpoenas, warrants, etc., as part of a legal process;
- Apply or administer Atlas agreements with Users
- Prevent fraud, risk evaluation, inquiries, provide support to Atlas Users, develop the Platform, etc;
- Protect rights, properties or the safety of Atlas and the users of the Platform.
You agree and recognize that Atlas has no obligation to monitor your access or use of the online Platform and/or to check, change or edit the content that you post, but has the right to do so in order to:
- Operate the Platform in good condition
- To constantly enrich it (by, but not limited to, fraud prevention, risk evaluation, investigations/inquiries, support provided to its clients, etc.);
- Ensure the upholding of these Terms and Conditions;
- Comply with current legislation or court final decisions.
Atlas may, at any moment and without prior notice, freely delete or deactivate the access to any Content on the Platform, if it is deemed in any way an unacceptable breach of these Terms and Conditions, or otherwise harmful in any way to the Atlas Platform or its Users.
If, during your interaction with the Atlas Platform, you come across and observe that someone, a User, is acting or has acted inappropriately (through, but not limited to, offensive, violent or sexually inappropriate behavior, etc.), you should report it immediately to the competent authorities and, afterwards, contact Atlas.
17. Intellectual Property
Atlas Platform and the Entire Content are protected by copyrighted, trademarked, and any other laws of international law in these respective matters.
You understand, acknowledge and agree that the Atlas Platform and all associated intellectual property rights are the exclusive property of AtlasTech. You may not remove, modify or hide the copyright, trademark or other proprietary annotations embedded in the Atlas Platform or other accompanying documents / materials.
All trademarks, logos, trade names and any other proprietary rights of AtlasTech used by or related to the Atlas Platform are trademarks protected by international law.
18. Specific conditions
Since the Atlas Platform contains a variety of functionalities (products, services, add-ons, plugins, etc.), some of these may be governed by Specific Terms and Conditions, which may define conditions of use or specific requirements applicable individually. In all cases, the Specific Terms will become an integral part of this document.
Subject to this Terms and Conditions document, and subject to all of the terms and conditions set forth herein, AtlasTech offers a limited, non-exclusive and non-transferable license to access and view Platform Content (Atlas Content as well as User Content), exclusively for personal and non-commercial purposes only.
Thus, you understand and agree that:
- You have no right to sublicense the licensing rights as defined herein;
- You will not use, copy, modify, distribute, license, sell, transfer, display or publicly communicate, transmit, broadcast or exploit in any way the Atlas Platform, except as expressly permitted in these Terms and Conditions.
b. User Content
As a User of the Atlas Platform, you have the right, within the imposed limits and at our sole discretion, to post, publish, upload, distribute and transmit content to the Platform. By providing this content, through the Atlas Platform or through any other initiatives, actions, campaigns, etc. of Atlas, you grant AtlasTech a worldwide, irrevocable, perpetual, non-exclusive, transferable, free of charge, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, display or publicly communicate, transmit, disseminate, access, regarding the exploiting of the entire User Content.
AtlasTech recognizes your ownership of the User Content and, by these Terms and Conditions, does not claim any such personal right on it. Therefore, no condition and / or regulation of these Terms and Conditions should be construed as limiting your rights to use and exploit this Content.
You agree and acknowledge that you are solely responsible for all User Content you make public in the Atlas Platform. Thus, you guarantee that:
- You are the sole and exclusive owner of the Content, or have all the rights, licenses and approvals required to grant Atlas Tech the rights to the Content as described in these Terms and Conditions;
- No patent, copyright, trademark, trade secret, moral rights, property rights or intellectual property rights, publicity or privacy rights, or that may lead to the breaking of any law or any enforced regulation will be violated , overturned or infringed.
c. Links to other resources, sites, etc.
The Atlas Platform may contain links (hyperlinks) to sites, resources, and external Platform content.
You understand and agree that:
- AtlasTech is not responsible for the availability of those resources, sites, content, etc .;
- AtlasTech is not responsible for the Content, Products or Services contained in external resources;
- Links to external content do not involve AtlasTech's endorsement of those resources or their content, products or services
- You understand and agree that you have sole responsibility and you assume all risks arising from the use of such external resources or content, products or services contained therein.
d. Feedback, Suggestions and Opinions
You can send us your thoughts, suggestions, opinions and feedback either by email or using the Contact section of the public site or at any time using the Atlas Platform Feedback / Support option.
We always welcome and encourage such initiatives, as they will help us permanently improve our products and services to Atlas Users.
You understand and agree:
- That the entire Feedback you transmit to us becomes AtlasTech's property;
- You irrevocably transfer to Atlas all rights, titles and interests relating to this Feedback, including but not limited to: certificate / patent / right of universal applicability, copyright, trade secret, moral or other type of property rights, intellectual property rights, etc .;
- That you waive any moral rights you may have regarding the Feedback sent.
Atlas respects copyright and expects all Platform Users to do the same.
In the event that Users breach or are suspected of infringing copyright, Atlas will terminate or delete user accounts of the individuals / entities concerned.
You understand and agree that you have the right to download and print the contents of the Atlas Platform for your own use under the following conditions:
- No document or graphical element will be modified;
- No graphics in the Atlas Platform will be used separately from the accompanying text;
- All materials will contain copyright and trademark references.
Unless otherwise specified, copyrights and other intellectual property rights in all materials on this Platform are owned by AtlasTech.
No part of this platform may be reproduced, stored or included in any other public or private electronic system without the prior consent of AtlasTech.
Any rights not expressly expressed in this list are reserved by AtlasTech.
21. End of Agreement
This Agreement will produce effects for a period of 30 days from the date of its acceptance, following the creation of a User Account within the Atlas Platform. At the end of its respective 30-day period, the Agreement will be automatically and continuously renewed further for a period of 30 days, and until such time either Party decides to terminate this Agreement under the following terms and conditions described below.
a. Mutually agreed unilateral termination
You may unilaterally terminate this Agreement at any time by sending an email to AtlasTech.
If your User Account has solely the role of a Client, all sessions paid by you and not executed at the date of account closure will be void and those amounts paid to Specialists will be returned to you.
If your User Account also acts as a Specialist, all Sessions paid by your Customers and not executed until the closing date will be automatically canceled and the respective sums will be returned to those Customers.
AtlasTech may terminate this Agreement unilaterally, without prejudice to the rights set forth below, at any time by sending an email to you.
b. Cessation in case of violation, suspension or other measures
AtlasTech may terminate this Agreement at any time, without notice, if:
- You have significantly violated these Terms and Conditions;
- You provided incorrect, fraudulent, non-actual or incomplete data during the creation of the Atlas Account or during the Session Listing process;
- You have violated applicable law, regulations in force or third parties' rights;
- Atlas believes, in good faith, that such a measure is necessary to protect the safety, property rights or interests of other Users, Atlas or third parties, to prevent fraud, risk assessment, conduct of law investigations, etc.
Atlas reserves the right to:
- Disable / delete your listed sessions, service evaluations, or any other User Content;
- Cancel any Session that is being booked or reserved;
- Limit your use and / or access to your Account and the Atlas Platform;
- Permanently or temporarily withholds access to sections, rights, special conditions of Users associated with their Accounts;
- Suspend your Atlas account permanently or temporarily;
Under the circumstances:
- You have violated the provisions of this Agreement;
- You received poor evaluations / reviews / recommendations related to your work and services within the Online Platform;
- Atlas believes in good faith that such a measure is necessary to protect the safety, property rights or interests of other Users, Atlas or third parties, to prevent fraud, risk assessment, conduct of law investigations, etc .;
If AtlasTech will take one of the measures described above:
- We will have the right to communicate to Customers or Specialists, your partners, that a common Session, reserved or paid, has been canceled;
- We will have the right to refund the amounts paid by Customers to Specialists for the Sessions that have been canceled;
- You will not be entitled to any compensation for reserved and / or paid Sessions that have been canceled.
If this Agreement is terminated at your own initiative or AtlasTech’s under the conditions set out above, we have no obligation to delete or return the User Content as well as any evaluation / feedback / reviews made and / or transmitted by to you. Upon completion of this Agreement, you are not entitled to have your Account or Content returned to you.
If access or use of the AtlasTech Platform has been restricted, in case your account has been suspended or the Agreement has been terminated by AtlasTech, you may not create or register a new User Account or access the Atlas Platform Services by using other user accounts.
In the event of termination, all clauses of this Agreement, which are reasonable and remain in force, will remain active and will thus further produce effects.
22. Declining responsibility
In case you decide to use the Atlas Platform, this will be at your own risk. Furthermore, you understand and agree that AtlasTech has no obligation to perform checks, verifications, investigations on the Users of the platform regarding their personal or group conduct, violation of social rules, criminal offences that may have been committed by them (of administrative civil or criminal law), etc, but may perform such initiatives at its own free choice.
In case we decide to perform such checks, within the limits mentioned in the law in force, we do not guarantee in any way, explicitly or implicitly, that the result is these will also identify the existence of such violations from the past of Users or that the specific Users will not engage in such violations in the future.
The services of the Atlas Platform and its Entire Content are made available as they are, without any guarantee, of any kind, explicit or implicit. Thus, AtlasTech does not offer any guarantee on the online Platform (the website, content, apps, services, etc.) including but not limited to, the listed Sessions on Atlas will fulfill/satisfy your requests or will be always available, uninterrupted, secure and without errors. AtlasTech doesn't offer any guarantee regarding the quality of the services available on the Platform, of the Atlas Users, or the accuracy, topicality, correctness, completeness or viability of the Entire Content or the services on the Atlas Platform.
Any information, advice, opinion, response, clarification offered by AtlasTech, written or oral, obtained directly or via the online Platform, does not automatically determine a guarantee offered by AtlasTech, the only case of that being specifically stipulated in these Terms and Conditions.
With respect to the communication and interactions between you and other Users of the Platform, you are the only one responsible, the same applies when you interact and/or communicate with other people as a consequence to using Atlas. Understand also that, Atlas will never try to verify the content available to the Users or to verify directly or indirectly the services listed on the platform.
AtlasTech does not offer any guarantee regarding the behavior of the Users on the Platform or their compatibility with other Users.
You agree to carefully take action and responsibility for all communications and interactions with the other Atlas Users and also in the case of interactions and communications with other people as a consequence to using the Platform, especially if you decide to meet, in person, in a physical environment, offline, even when such meetings are organized by AtlasTech.
AtlasTech declines explicitly any responsibility for the actions or omissions of its users or third parties.
23. The Limits of Responsibility
You understand, recognize and agree that, until the upper limit of the law, all of the risk that comes from using the Atlas Platform, of the sessions listed on the Platform and though any contact or communication between You and another Atlas user, regardless if it happens online, on the Platform, or in a physical environment, offline, are Your responsibility.
Both AtlasTech as well as any other part implied in the creation, development or delivery of the online Platform are not responsible for any direct, indirect, related, characteristic, specific damages and or which could be determined by the use of Atlas, like the loss of earnings(money, profituri, etc.); loss of data; interruptions of services; damage to computer systems(computers, printers, routers, switches, etc.); physical injury or emotional stress that are a consequence of, or related to these Terms and Conditions; use or impossibility of use of the Online Platform; communication, interaction or meetings with other people as a consequence of the use of the Platform; sessions listed, reserved, paid for on the Platform.
With the exception of the cases in which AtlasTech has the obligation to honor payments towards Specialists in accordance with the Agreement, the maximum and total limit of AtlasTech that results from these Terms and Conditions are as follows:
- Towards the Clients, it will not surpass the total value of the payments that You have made on the Atlas Platform during the last 12 months, determined from the date when the event that started/determined AtlasTech’s responsibility occurred;
- Towards the Specialists, it will not surpass the total value of the payments that AtlasTech has made to You, as a consequence of the services provided on the Atlas Platform, during the last 12 months, determined from the date of the appearance of the event that started AtlasTech’s responsibility;
- In the case in which there are no such payments made in the last 12 months, determined from the date of the appearance of the event that started AtlasTech’s responsibility, the maximum and total limit will be of 100 Euros.
You understand and agree that the limits present above constitute main and essential elements of eventual disputes between You and AtlasTech.
Also, you understand the fact that some jurisdictions do not permit the exclusion or limitation of responsibility for indirect or related damages, and as such the regulations presented above will not apply.
24. Final mentions
These Terms and Conditions represent the exclusive and total accord and understanding between AtlasTech and you, regarding the use of the Atlas Platform, with the exception of the cases when extra policies of AtlasTech can be completed (guides, orientations, standards, terms and conditions for products and/or specified services, etc) in which case the respective documents will be integrated in this accord.
Furthermore, this accord eliminates and replaces all previous deals, written or oral, between you and AtlasTech regarding the listed, booked, purchased sessions; the use of the Atlas Platform and of the available services on the platform, etc.
All notifications and/or any communication, including those regarding the modification of these terms and conditions, will be made by AtlasTech in writing:
- Via E-mail (electronic mail), to the address you provided at Atlas' request;
- Via messages posted on the Atlas Platform.
For the notifications received via e-mail, the receive date of these will be considered the date the specific notification was transmitted.
26. Jurisdiction and the settlement of disputes
These terms will be governed and interpreted according to the Romanian legislation and that of the European Union. Any divergence between the parties will be solved on good terms. If solving it on good terms isn't possible, the parties will address the competent courts of law in Bucharest, with the exception of the situation where the law specifically mentions imperatively the competence of another court. Furthermore, the User is informed and has the possibility to address the National Direction of Consumer Affairs (Aviatorilor Boulevard nr. 72, sector 1, Bucharest, firstname.lastname@example.org) or request mediation according to the stipulation of the law nr. 192/2006, regarding the mediator profession, with the subsequent completions and modifications.
In case of queries, difficulty in understanding or any questions regarding the Terms and Conditions of Use, please contact us at email@example.com.