Atlas
TERMS OF SERVICES
Last revised June 17th, 2024
This Agreement is a contract between the Atlas user (“You”) and Fictiv (“Fictiv”) (each a “Party”, and collectively the “Parties”). You acknowledge that you are agreeing to this Agreement on behalf of yourself or an organization, and you represent and warrant that you have the authority to bind the organization to this Agreement. If you do not agree to this Agreement, do not access, or use the chatbot feature. In addition to the below, the Atlas terms are also governed by the Fictiv terms of use located at http://fictiv.com/terms, which is fully incorporated herein.
ATLAS USE. You assume all responsibilities and obligations with respect to the use of Atlas to achieve your intended results. As between FICTIV and You, You assume all responsibilities and obligations with respect to any decisions or advice made or given as a result of the use or application of the Atlas feedback or any materials retrieved therefrom, including those to any third party, for the content, accuracy, and review of such results. Neither FICTIV, its affiliates, or licensors are engaged in rendering legal, medical, accounting, tax, product design, safety, or other professional advice or services. If legal, accounting, medical, accounting, tax, product design, safety, or other expert assistance is required, the services of a competent professional should be sought.
WARRANTY. Any feedback provided from the Atlas tool is for information purposes only, and ALL INFORMATION AND CONTENT THEREIN, IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, express or implied (including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, merchantability of computer programs, and data accuracy) regarding the accuracy, adequacy, validity, reliability, availability, or completeness of such information. Any decision to incorporate feedback generated from the Atlas tool into your product design is solely your decision, and you agree that you will retain all liability therefrom.
LIMITATION OF LIABILITY. The maximum aggregate liability of FICTIV, its directors, officers, employees and agents to user for damages for any and all causes whatsoever, regardless of the form of action, whether in contract, tort or otherwise, shall not exceed five hundred dollars ($500). In no event shall FICTIV, its directors, officers, employees and agents be liable for any lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the use of Atlas under this agreement, even if FICTIV has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
PRIVACY. You are hereby placed on notice that the chatbot runs on OpenAI, and all terms and policies of such product are fully incorporated here by reference (https://openai.com/policies ; https://openai.com/policies/terms-of-use ; https://openai.com/policies/privacy-policy).
CONFIDENTIALITY. You are solely responsible for maintaining the confidentiality of any access links generated when uploading parts for feedback through the Site. The Atlas feature is powered by OpenAI, and as such, Fictiv disclaims any and all liability, express, implied, or otherwise, associated with Your decision to process Confidential Information through Atlas.
EXPORT COMPLIAINCE. You are hereby on notice that the Export Administration Regulations (“EAR”) (15 CFR. § 730 et seq.) and the International Traffic in Arms Regulations (“ITAR”) (22 CFR § 120-130) impose restrictions on the export of certain technology or technical data listed on the Commerce Control List (“CCL”) or U.S. Munitions List (“USML”). Any data uploaded to Atlas may be accessed by certain non-U.S. parties. You agree not to upload to Atlas any technology or technical data that is listed or otherwise controlled on the CCL or USML. By uploading technology or technical data to Atlas you represent and warrant that the uploaded data is not listed or otherwise controlled on the CCL or USML. You agree to indemnify and hold Fictiv harmless for all liabilities or losses in connection with your failure to comply with this Section.