Last updated: 15 April 2024
Anunta DesktopReady™ is a cloud-based virtual desktop infrastructure and desktop-as-a-service technology platform. Our products allow users to access virtual desktops to help get work done from anywhere with an internet connection and a laptop, desktop, or mobile device.
This document, the Anunta DesktopReady Terms of Service (these “Terms”), outlines the terms regarding your use of our products. These Terms are a legally binding contract between you and Anunta Tech Inc., a Delaware, USA corporation (“ATI,” “we,” or “us”) so please read carefully. If you do not agree with these Terms, do not register or use any of the Services.
By using, accessing or browsing the Service, platform and products including applications, mobile, software, websites or other properties owned or operated by ATI or by registering for an ATI account (collectively, the “Service” or “Services”) you are agreeing to be bound by these Terms for the Service provided by ATI. Each virtual desktop provided through the Service is a “Licensed Desktop.”
If you are using the Service on behalf of an organization, you are agreeing to these Terms on behalf of that organization and representing and warranting to ATI that you have the authority to commit that organization to these Terms (in which event, “you” and “your” will refer to that organization). If your organization has a separate written contract in effect with us, the terms of that contract will govern your use of the Service.
To use the Service, you must be legally permitted to accept these Terms.
To use the Service, you must obtain an account by completing a registration form and choosing a user ID and password. When registering with ATI you must: (a) provide true, accurate, current and complete information on the registration form, and (b) maintain such information so it continues to be true, accurate, current and complete.
Only you may use your ATI account and you are responsible for all aspects of your account. Each individual user must have a separate account that is either an administrative user account or one for use by an individual user associated with a specified Licensed Desktop. You may not share, loan or transfer your ID or password or that of any individual user. Each individual user must have their own separate account to use the Service.
As an organization, you: (a) will only have access to the features and functionality that are included in the specific subscription plan that you have purchased, (b) are responsible for setting configurations of the Service, and (c) are responsible for managing your individual users’ activity and any of your devices or any systems that you use to access the Service.
ATI considers the following categories of individual users as your organization’s users: (a) users whose accounts are controlled by your organization’s administrator, (b) users who are employed by your organization; (c) users whose accounts are associated with an email address controlled by your organization, and (d) users who are subcontractors or freelancers to whom you have made available a Licensed Desktop.
Proper registration of your account, and subscription to the Service according to these Terms, permits you to use the Service for your internal business purposes only. If you become aware of any unauthorized use of the Service or your account, or have any questions about your account, please contact ATI Support – see Section 26, below.
If you are an individual user and an organization like your employer or school provided you with your account, or if you agree to have your account managed by an organization, that organization has rights to your account and may: (a) manage your account (including suspending or canceling), (b) reset your password, (c) view your usage and profile data, including how and when your account is used, and (d) manage the Content in your account.
By registering with ATI or signing up for the Service, you consent to us sending you emails relating to the Service, including: (a) notices about your use of the Service, including notices of violations of use, (b) updates to the Service and new features or products, (c) administrative messages and other information, and (d) advertising, marketing, and other materials regarding ATI products and services. Please review your settings in your account to control the messages you receive from us. You may choose to opt-out of receiving advertising and marketing materials by unsubscribing from such communications by following the instructions in the message.
Notices emailed to you will be considered given and received when the email is sent. If you do not consent to receive notices (other than advertising and marketing materials) electronically, you must stop using the Service.
Any electronic documents or data that you upload, create, or store on your account is your “Content.” As between ATI and you, all Content uploaded by you into your account is yours. We do not control, verify, or endorse the Content that you or others put on or access through the Service. You are responsible for: (a) all Content in your ATI account and that you share through the Service, and (b) making sure that you have all the rights you need in relation to the Content. In addition, by storing, using or transmitting Content you confirm that you will not violate any law or these Terms. When you share your Content, you may be allowing other people to access and use your Content in any way without further restriction or compensation to you.
By using the Service, you give ATI (as well as agents or service providers acting on ATI’s behalf to provide the Service) the right to transmit, process, use and disclose Content and other information which we may obtain as part of your use of the Service but only: (i) as necessary for us to provide the Service, (ii) as otherwise permitted by these Terms, (iii) as required by law, regulation or order, or (iv) to respond to an emergency.
The Service is provided from the United States and intended only for use if you are located in the United States. By using and accessing the Service, you agree to the storage of Content and any other personal information in the United States. However, you understand that you (or other people that you collaborate with) may be able access the Service (including Content) from outside of the United States and that nothing prohibits the processing of other information outside of the United States.
Upon termination of the Service, entirely or with respect to particular Licensed Desktops, the associated Content will be permanently deleted and inaccessible to you period. It is your responsibility to back up your Content and to migrate any Content off the Service that you may want after termination.
During your use of the Service, ATI may share with you information that is confidential, sensitive or should be kept secret. For example, if we tell you about our product roadmaps, product designs and architecture, technology and technical information, provide you with security audit reviews, business and marketing plans, or share with you our business processes, these should always be considered confidential to ATI (ATI’s “Confidential Information”).
Similarly, we agree that your Content, credit card or banking information and information provided in connection with your account is confidential to you (your “Confidential Information”).
Also, if either of us provide any documents to the other that are labeled “confidential” (or something similar), or provide information (either in writing or verbal) that is of a type that a reasonable person should understand to be confidential, such information is to be treated as Confidential Information.
However, if you tell us information that: (a) we already know at the time you tell us, (b) was told to us by a third party who had the right to tell us, (c) is generally available to the public, or (d) was independently developed by us without using any of your Confidential Information, then that information will not be considered your Confidential Information. The same goes for information that we tell you that falls into any of these categories.
We both agree that we will: (i) treat each other’s Confidential Information with the same degree of care that we treat our own Confidential Information, (ii) use each other’s Confidential Information only in connection with these Terms and the Service, (iii) only share the Confidential Information with others who have a need to know and who have agreed in writing to treat it as confidential (as we’ve outlined in this section), and (iv) not share the other’s Confidential Information with any third party, except as allowed in these Terms. Of course, Confidential Information will always remain the property of its owner.
Our obligations to one another with respect to Confidential Information will survive any termination or expiration of these Terms.
You may not, nor will you encourage or assist others to, harm the Service or use the Service to harm others or to do anything against the law. For example, you may not use the Service to harm, threaten, or harass another person, organization or ATI or to build a similar service or website. Without limiting the foregoing principles, you may not: (a) damage, disable, overburden, or impair the Service (or any network connected to the Service), (b) resell or redistribute the Service or any part of the Service, (c) use any unauthorized means to attempt to or to modify, reroute, or gain access to the Service, (d) use any automated process or service (such as a bot, a spider, or periodic caching of information stored by ATI) to access or use the Service, (e) use the Service beyond the features allocation and amounts provided in that Service or in violation of these Terms, (f) use the Service to, or to cause ATI to, violate any law or distribute any malware or malicious content, (g) if you are a competitor of ATI with respect to the Service, use the Service for competitive benchmarking or other competitive analysis, unless permitted under applicable law, or (h) distribute, post, share information or Content illegally or without permission.
As part of our efforts to protect the Service, protect our customers, or to stop you from breaching these Terms, we retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Service.
We also reserve the right to deactivate, change or require you to change your ATI user ID or other public identities you may obtain through the Service.
If you learn of any unauthorized or unacceptable use of any account, Content or the Service, you must promptly contact ATI Technical Support and take all reasonable steps to cooperate with ATI and assist in the termination of such use.
We reserve the right to suspend or terminate your access to the Service at any time in our sole discretion if: (a) you are in breach of these Terms, (b) your use of the Service could cause a risk of harm or loss to ATI or our other users, or (c) ATI declines to renew your subscription to access the Service. When reasonable and as permitted by law, ATI will provide you reasonable advance notice of this change as well as an opportunity to correct any actions that led to ATI’s decision. We will not be able to provide this advance notice if you are in material breach of these Terms, or if such notice would lead to civil or criminal liability for ATI, or if providing notice would compromise our ability to provide the Service to our other users. For the avoidance of doubt, ATI may still make a determination that it does not want to continue offering you access to the Service at any time for any or no reason.
At any time before termination – whether by us or you – you may request access to your Content, which we will make available. You must make such request before termination; otherwise, any Content you have stored with the Service will not be retrievable and we will have no obligation to maintain Content stored in your account.
If your account is suspended or terminated, or if you cancel certain Licensed Desktops, you may no longer have access to the Content that is stored with the Service or the applicable Licensed Desktops.
We can make necessary deployments of changes, updates or enhancements to the Service at any time. We may also add or remove functionalities or features, or we may suspend or stop the Service altogether.
The Service is delivered with certain third-party applications, services or products, as specified in your order form (“Third-Party Products”). In addition, ATI may make available additional, optional third-party applications, services or products for your use in connection with the Service, and those are Third-Party Products as well. Your use of the Third-Party Products (and any exchange of any information, license, payments etc.) is between you and the applicable provider of the Third-Party Products. ATI makes no warranties of any kind and assumes no liability of any kind for your use of such Third-Party Products.
Your use of any Third-Party Products may be subject to additional terms and conditions (the “Third-Party Terms”), and you may be required to agree to the applicable Third-Party Terms before you are permitted to use the Third-Party Products. To the extent that no separate Third-Party Terms apply, your use of the Third-Party Products, as applicable, is subject to the terms of Sections 6 (Acceptable Use Policy), 7 (Suspension and Termination of the Service), 11 (Warranties), 13 (Limitation of Liability), and 14 (Dispute Resolution and Governing Law) of these Terms.
If you have any questions or concerns regarding the Third-Party Products, then please contact the applicable provider of the Third-Party Products.
All contents of the Site and Service including but not limited to logo, design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement, along with all ATI Confidential Information, belong to ATI, or its suppliers, affiliates, or licensors.
ATI or its licensors own and reserve all rights, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights we expressly grant to you to use the Service and ATI Confidential Information. No title to or ownership of any proprietary rights related to the Service or ATI Confidential Information is transferred to you pursuant to these Terms.
If you provide comments, suggestions or recommendations to ATI about the Service (for example, proposed modifications, enhancements, improvements) (collectively, “Feedback”), you are automatically assigning this Feedback to ATI, and ATI may use the Feedback in any way it chooses, without obligation to account to you in connection with the Feedback.
Other than as expressly stated, we do not make any commitments about the specific functionality available through the Service, or the Service’s reliability, availability, or ability to meet your needs.
TO THE EXTENT NOT PROHIBITED BY LAW, ATI AND ITS AFFILIATES (AND ASSOCIATED SERVICE PROVIDERS): (A) PROVIDE THE SERVICE “AS IS” AND “AS AVAILABLE,” (B) MAKE NO REPRESENTATIONS OR WARRANTIES WHETHER EXPRESS OR IMPLIED (FOR EXAMPLE, WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AND (C) DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.
OF COURSE, ATI DOES NOT CONTROL, AND IS NOT RESPONSIBLE FOR, THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES IT DOES NOT CONTROL, INCLUDING THE INTERNET, AND THE LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT MAY RESULT FROM THE USE OF SUCH COMMUNICATIONS FACILITIES.
THE SERVICE IS NOT DESIGNED OR INTENDED FOR HIGH RISK USE SCENARIOS WHERE FAILURE OR FAULT OF ANY KIND OF THE SERVICE COULD REASONABLY LEAD TO DEATH OR SERIOUS BODILY INJURY, OR TO SEVERE DAMAGE TO TANGIBLE OR INTANGIBLE PROPERTY OR THE ENVIRONMENT.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
By You. To the extent not prohibited by law, you will defend ATI against any cost, loss, damage, or other liability arising from any third-party demand or claim that any Content or information provided by you, or your use of the Service: (a) infringes a registered patent, trademark, copyright, or other intellectual property right of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of ATI’s actions), or (b) violates applicable law or these Terms. ATI will reasonably notify you of any such claim or demand that is subject to your indemnification obligation of which it becomes aware.
By ATI. If any portion of the Service becomes, or in ATI’s opinion is likely to become, the subject of a claim of infringement of any third party intellectual property rights recognized in the United States of America, then ATI, at its option and expense, will do one of the following: (i) procure for You the right to continue using such portion of the Service; (ii) replace or modify such portion of the Service so that it becomes non-infringing; or (iii) terminate these Terms and refund You a pro-rated portion of any unused Service Fees actually paid. The obligation of ATI set forth in the preceding sentence does not apply (A) with respect to portions or components of the Service (1) that are not supplied directly by ATI, (2) that are made or modified in whole or in part in accordance with your specifications, (3) that are modified by You to the extent the alleged infringement relates to such modification, or (4) that are combined with other products, processes or materials other than by ATI to the extent the infringement relates to such combination; or (B) where your use of the Service is not strictly in accordance with these Terms and any documentation provided by ATI, whether electronically or otherwise. This paragraph sets forth the entire liability of ATI and the exclusive remedy of You with respect to any alleged infringement of any third party rights.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL YOU OR ATI AND ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, BUSINESS INTERRUPTION, LOSS OF OPPORTUNITY, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF ATI HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF YOU OR ATI AND ITS AFFILIATES, OFFICERS, RESELLERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICE, EXCEPT IN CASE OF LIABILITY ARISING UNDER SECTION 12 (INDEMNIFICATION) OF THESE TERMS, WILL BE LIMITED TO THE GREATER OF: (A) 3 TIMES THE MOST RECENT MONTHLY FEE THAT YOU ACTUALLY PAID FOR THE SERVICE; OR (B) $100 US. THE LIMITATIONS AND EXCLUSIONS SET OUT ABOVE IN THIS SECTION 13 ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
THE LIMITATIONS OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
NOTHING IN THESE TERMS AFFECTS CONSUMER RIGHTS THAT CANNOT BY LAW BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
Nothing in these Terms will exclude or limit the liability of you or ATI and its affiliates, officers, employees, agents, licensors, resellers, suppliers and distributors for death or personal injury, fraud, fraudulent misrepresentation, or any liability that cannot be excluded or limited by law.
The provisions of this Section 13 allocate the risks under these Terms between you and ATI, and you and ATI have relied on these limitations in determining whether to enter into these Terms and the pricing for the Service.
We may audit your use of the Service. Any such audit may be conducted remotely or on your premises and will not unreasonably interfere with your business activities. We may perform the audit or use a third-party agent, such as an independent certified public accounting firm. We will not audit you more than once per calendar year absent suspicions of Agreement violations. You must reasonably cooperate, and, without prejudice to other rights of ours, address any non-compliance identified by the audit, including, but not limited to, promptly paying any Fees owed. If the audit reveals an underpayment of 10% or more of Fees owed for the review period, or any other material breach of this Agreement, you agree to also reimburse us for our reasonable audit expenses.
You must comply with all domestic and international export laws and regulations that apply to your use of the Service, such as software. These laws include restrictions on destinations, end users, and end use.
The Terms, and your relationship with ATI, will be governed by the laws of the State of Delaware, USA regardless of conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods, the Uniform Commercial Code, the Uniform Computer Information Transactions Act, and any law effectuating these conventions do not apply to these Terms. Any claims relating to the Service or these Terms can only be litigated in the federal or state courts the State of Delaware, USA and we each agree to personal jurisdiction in those courts. However, you agree that ATI can apply for injunctive remedies in any jurisdiction.
To the extent that the following provision is not in conflict with applicable law, you may only resolve disputes with us on an individual basis and may not bring a claim or proceed in a group arbitration proceeding as a plaintiff or a class member in a class, consolidated, or representative action.
ATI respects the rights of all copyright, trademark and intellectual property owners.
If you believe that your work has been copied in a manner that constitutes a copyright infringement, please notify us by contacting our designated agent for notification of claimed infringement at the addresses indicated in Section 26 (Contact ATI) below.
For any notice of claimed infringement, be sure to include the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512:
We reserve the right to delete or disable Content alleged to violate copyright laws or these Terms and reserve the right to terminate the account of violators.
We may offer trial usage for some portion of the Service. If you sign up for such use, your trial period starts on the day you create the trial account and lasts for up to the number of days specified when you sign up. If you are on a trial, you may cancel at any time until the last day of your trial. At the conclusion of your trial, you will have no access to the Service and all of your Content will be permanently deleted. Trial usage is for testing and evaluation only, and not for production purposes. If you want to continue to use the Service after the trial, you must contact us before the end of the trial period (contact ATI Support – see Section 26, below) and establish a paid account.
If you subscribe to the Service, you agree to pay the fees (“Fees”) as quoted to you when you purchase that Service. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for If you subscribe to the Service, you agree to pay the fees (“Fees”) as quoted to you when you purchase that Service. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Service (for example, taxes, data charges and currency exchange settlements). You will pay the Fees in the currency ATI quoted at the time of purchase. ATI reserves the right to change the eligible currencies at any time, except where not permitted by applicable law. All charges related to using the purchased Service (for example, taxes, data charges and currency exchange settlements). You will pay the Fees in the currency Anunta quoted at the time of purchase. Anunta reserves the right to change the eligible currencies at any time, except where not permitted by applicable law.
ATI reserves the right to change its prices at any time; however, if we have offered a specific duration and Fee for your use of the Service, the offered Fee will remain in force for that duration. After the offer period ends, your use of the Service will be charged at the then-current Fees. If you don’t agree to these changes, you must stop using the Service and cancel by contacting ATI Customer Support – billing (see Section 26, below). If you cancel, your Service ends at the end of your current Service period or payment period, and no refunds for previously paid Fees or previously provided Service will be issued.
In addition to the Fees for the Service, Anunta will charge you, and you must pay, for Third-Party Products purchased in addition to the Fees for the Service, ATI will charge you, and you must pay, for Third-Party Products purchased through the Service and for which ATI is authorized to charge you.sed through the Service and for which Anunta is authorized to charge you.
If you do not cancel in accordance with these Terms, the subscription for the Service will automatically renew at the then-current price and term length for the next subscription period. We will charge your credit card on file with us on the first day of the renewal of the subscription period.
When you select a paid Service, you must provide us with current, complete, accurate and authorized payment method information. You authorize us to charge your provided payment method for the type of Service you have selected and for any paid features – including Third-Party Products – that you choose. We may bill: (a) in advance, (b) at the time of purchase, (c) shortly after purchase, or (d) if you have elected a subscription service, on a recurring basis. To the extent ATI has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. If you do not cancel your account, we may automatically renew your Service and charge you for any renewal term. Failure to pay any charges or Fees may result in the suspension or cancellation of your Service. In addition, we may impose charges for declined payments and for subscription revival, if applicable.
You may elect one of the following subscription plans and billing options (please note that there might be only one of these options available depending on the Service purchased):
Monthly. A monthly subscription plan (“Monthly Subscription Plan”). The subscription period for the Monthly Subscription Plan will be for one month and will automatically renew (without the need to go through the Service-interface “check-out” or execute a renewal order form) unless you cancel your Monthly Subscription Plan at least three business days prior to the renewal date. You will be billed on or about the same day each month until such time that you cancel. If you want to cancel, reduce the number of Licensed Desktops, or downgrade the Service you have selected, you can do so at any time, but the change will not be effective, and there will be no refund or reduction in the Fees, until the beginning of the next subscription term.
Annual. An annual subscription plan (“Annual Subscription Plan”). The subscription period for the Annual Subscription Plan will be for one year and will automatically renew (without the need to go through the Service-interface “check-out” or execute a renewal order form) for additional one-year period(s) each year on the anniversary unless you cancel at least three business days prior to your renewal date. While this is an annual commitment, we will bill you monthly in equal installments based on the annual agreed amount for the Service selected. You will be billed monthly on or about the same day each month until you cancel. Under the Annual Subscription Plan you will not be permitted to cancel, reduce the number of Licensed Desktops, or downgrade the Service you have selected until the anniversary date except as described below. You may terminate your Annual Subscription Plan at any time, effective on the next monthly billing anniversary, by payment of an early termination fee. The early termination fee is 20% of the remaining committed monthly amounts for the remainder of the current Annual Subscription Plan term. (For example, if you terminate effective at the end of month nine, you must pay a termination fee of 20% of the monthly amount times three months.)
If you add to your Service at any time, you will be billed based on the order form you entered into in connection with that change in the Service.
Where required by law, you may have a legal right to cancel your subscription, pursuant to Section 18 (Fees), during the prescribed timeframe of your initial subscription period. If you are entitled to this right by law, your cancellation request will be processed within three business days, and you will receive a prorated refund of any unused prepaid Fees.
To cancel your subscription, contact ATI Customer Support – billing (see Section 26, below).
Your use of the Service may include use of optional downloadable user software (“Software”). This Software may update automatically on your device once a new version or feature is available. ATI gives you a personal, worldwide (subject to applicable law), royalty-free, non-assignable and non-exclusive license to use the Software provided to you by ATI as part of Service, for the sole purpose of enabling you to use and enjoy the Service.
In the event you order any professional, educational, operational or technical services (collectively, “Consulting Services”), the nature, details and duration of the Consulting Services will further be described in the datasheet or statement of work which is referenced in such order.
ATI owns all rights, title and interest in and to the documentation, templates, training materials, recordings and other items (collectively the “ATI Materials”) ATI may provide to you as part of a Consulting Services engagement (including any intellectual property rights therein, but excluding any of your Confidential Information and your logos and trademarks that may be included in the ATI Materials, collectively, “Customer Property”). ATI will have the right to use any such Customer Property solely for the purpose of providing the Consulting Services to you. During the applicable subscription term for the Service, ATI hereby provides you with a royalty free, limited, non-exclusive, non-sublicensable, non-transferable and terminable license to use such ATI Materials solely for your internal operations in connection with its authorized use of the Service. Nothing herein will be construed to assign or transfer any intellectual property rights in the proprietary tools, libraries, know-how, techniques and expertise (collectively, “ATI Tools”) used by ATI to develop the ATI Materials. To the extent such ATI Tools are delivered with or as part of the ATI Materials, they are licensed, not assigned, to you on the same terms as the ATI Materials.
In regard to Consulting Services only, ATI warrants that: (a) it and each of its employees, consultants and subcontractors, if any, have the necessary knowledge, skills, experience, qualifications, and resources to provide and perform the Consulting Services in accordance with the applicable datasheet or statement of work, and (b) the Consulting Services will be performed in a professional and workmanlike manner in accordance with industry standards and in accordance with the scope of services outlined in the applicable datasheet or statement of work. You acknowledge that ATI’s ability to successfully perform the Consulting Services is dependent upon your provision of timely information, access to resources, and participation as outlined in the applicable Consulting Services. If through no fault or delay of yours the Consulting Services do not conform to the foregoing warranty, and you notify ATI within seven calendar days of ATI’s delivery of the Consulting Services, ATI will re-perform the non-conforming portions of the Consulting Services at no additional cost to you.
We collect certain information about you in connection with the Service. We use and protect that information as described in our Privacy Statement at https://www.anuntatech.com/privacy-policy/ You acknowledge your use of the Service is subject to our Privacy Statement and understand that it identifies how ATI collects, stores, and uses certain information.
We reserve the right to modify these Terms. We will post the most current version of these Terms at https://www.anuntatech.com/platforms/desktopready/terms-of-service
25.1 Severability; Entire Agreement
These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Service. The following provisions will survive any termination or expiration of these Terms, as applicable: Sections 5 (Confidential Information), 9 (Third-Party Products), 10 (ATI Proprietary Rights), 11 (Warranties), 12 (Indemnification), 13 (Limitation of Liability), 14 (Dispute Resolution and Governing Law), and 25 (General Terms).
25.2 Force Majeure
Neither party will be responsible or have any liability for any delay or failure to perform its non-monetary obligations under this Agreement to the extent due to unforeseen circumstances or causes beyond its reasonable control, including acts of nature, earthquake, fire, flood, sanctions, embargoes, strikes, lockouts or other labor disturbances, cyberattacks, civil unrest, failure, unavailability or delay of suppliers or licensors, riots, terrorist or other malicious or criminal acts, war, failure or interruption of the internet or third party internet connections or infrastructure, power failures, acts of civil and military authorities and severe weather (“Force Majeure”). The affected party will give the other party prompt written notice (when possible) of the failure to perform due to Force Majeure and use its reasonable efforts to limit the resulting delay in its performance.
25.3 Assignment and Transfer
We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service unless we provide written consent for you to do so.
25.4 Independent Contractors; No Third-Party Beneficiaries
ATI and you are not legal partners or agents; instead, our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.
25.5 Publicity
ATI may identify you as a customer on the Site and in other marketing materials by use of your organization name and public logo, provided that ATI does not reveal any details about the specific Service provided to you or your Confidential Information.
25.6 Waiver
The failure of either of us to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect, unless expressly waived in writing.
25.7 Government Terms
If you are a U.S. government entity or if this Agreement otherwise becomes subject to the Federal Acquisition Regulations (FAR), you acknowledge that elements of the Service constitute software and documentation and are provided as “Commercial Items” as defined at 48 C.F.R. 2.101, and are being licensed to U.S. government User as commercial computer software subject to the restricted rights described in 48 C.F.R. 2.101 and 12.212.
25.8 Mobile Restrictions
The Service is available on mobile devices. Do not use the Service in a way that distracts you and prevents you from obeying traffic or safety laws, or that may put the physical safety of others in danger.
Anunta Tech Inc.
Attn.: Legal
9201 Corporate Boulevard #440, Rockville MD 20850
