Terms of Service

These Terms of Service (the "Terms") are a legal agreement between you and ATLAS NETWORKS INC ("Atlas Networks", "we", "us" or "our"), a company located at 25 First Ave SW STE A, Watertown, SD 57201, United States. They govern your access to and use of our website at www.x-atlas.com (the "Website"), our cloud services, IP translation services, VPN applications and related products (collectively, the "Services").

By creating an account, downloading or using our applications, or otherwise using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

1. Eligibility

You must be at least 18 years old, or the age of legal majority where you live, to use the Services. If you use the Services on behalf of a company or other organization, you confirm that you have authority to bind that organization to these Terms.

2. The Services

Atlas Networks provides:

• Cloud Services: cloud servers, compute, storage and related hosting services;
• IP Translation Services: network address translation (NAT), tunneling, IP transit and dedicated IP address services;
• VPN Services: VPN client applications and encrypted connectivity services.

We may change, add or remove features of the Services at any time. Where a change materially reduces a paid Service you have purchased, we will give you reasonable notice.

3. Your Account

You are responsible for providing accurate information, keeping your login credentials confidential and all activity that occurs under your account. Notify us right away at admin@x-atlas.com if you suspect any unauthorized use of your account.

4. Restricted Countries and Regions

You also may not use the Services if you are listed on, or owned or controlled by anyone listed on, any U.S. government restricted-party list, including the OFAC Specially Designated Nationals (SDN) List and the U.S. Department of Commerce Entity List.

You are responsible for making sure that your use of the Services complies with the laws of the place where you are located. We may block access from restricted locations and may suspend or terminate any account that we reasonably believe is being used in violation of this Section, without refund.

5. Acceptable Use

You agree not to use the Services to:

• Violate any applicable law or regulation, or the rights of others;
• Send spam, unsolicited bulk messages or phishing content;
• Distribute malware, or carry out hacking, port scanning, denial-of-service attacks or other unauthorized access to any system or network;
• Infringe copyrights, trademarks or other intellectual property rights;
• Host, transmit or access child sexual abuse material, or content that promotes terrorism or violence;
• Commit fraud, including payment fraud, identity theft or account takeover;
• Resell, sublicense or share the Services without our written permission;
• Interfere with or disrupt the Services, our network or other users.

We may investigate suspected violations and may suspend or terminate the Services for any violation of this Section. We cooperate with law enforcement when required by law.

6. Fees, Subscriptions and Refunds

Some Services require payment. Prices and billing terms are shown at the time of purchase.

• Subscriptions purchased in our apps through the Apple App Store or Google Play are billed by Apple or Google to the account you use with them. They renew automatically at the end of each billing period unless you turn off auto-renewal at least 24 hours before the current period ends. You can manage or cancel subscriptions in your App Store or Google Play account settings. Refunds for these purchases are handled by Apple or Google under their policies.
• Services purchased directly from Atlas Networks are billed in advance for each billing period. Unless the law requires otherwise or we agree in writing, fees already paid are not refundable.

We may change our prices with at least 30 days' notice. Price changes take effect at the start of your next billing period.

7. Service Availability

We work to keep the Services available and reliable, but we do not guarantee that they will be uninterrupted, error-free or available in every location. We may carry out planned maintenance, and we will try to give notice of it in advance where practical.

8. Software License

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable and revocable license to install and use our applications on devices that you own or control, only to access the Services. You may not copy, modify, reverse engineer, decompile or create derivative works of our software, except where the law expressly permits it.

9. Apple App Store Additional Terms

If you download our applications from the Apple App Store, you also agree to the following:

• These Terms are between you and Atlas Networks only, not with Apple Inc. ("Apple"). Atlas Networks, not Apple, is solely responsible for the application and its content.
• Your license to use the application is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Apple has no obligation to provide any maintenance or support for the application.
• If the application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the application to you. To the maximum extent permitted by law, Apple has no other warranty obligation for the application.
• Apple is not responsible for addressing any claims by you or any third party relating to the application, including product liability claims, claims that the application fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy or similar laws.
• Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the application infringes that third party's intellectual property rights.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

10. Intellectual Property

The Services, the Website, our applications and all related software, trademarks, logos and content are owned by Atlas Networks or its licensors and are protected by intellectual property laws. Apart from the limited license in Section 8, these Terms do not grant you any rights to them.

11. Suspension and Termination

You may stop using the Services and close your account at any time. We may suspend or terminate your access to the Services, with or without notice, if you breach these Terms, if required by law, or if your use creates a security or legal risk for us or others. Sections that by their nature should survive termination, including Sections 10 and 12 to 15, will survive.

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO VPN OR NETWORK SERVICE CAN GUARANTEE COMPLETE ANONYMITY OR SECURITY.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATLAS NETWORKS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

14. Indemnification

You agree to defend, indemnify and hold harmless Atlas Networks and its officers, employees and agents from any claims, damages, losses and expenses, including reasonable attorneys' fees, arising out of your use of the Services or your breach of these Terms.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of South Dakota, United States, without regard to its conflict-of-law rules. Any dispute arising out of or relating to these Terms or the Services will be resolved exclusively in the state or federal courts located in South Dakota, and you consent to the personal jurisdiction of those courts. Nothing in this Section limits any mandatory consumer protection rights you have under the law of your country of residence.

16. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms on this page and change the effective date above. If a change is material, we will give notice through the Website, the application or by email. Continuing to use the Services after the changes take effect means you accept the updated Terms.

17. Contact Us

If you have any questions about these Terms, please contact us: