Terms of Service

1.1 Agreement to Terms

By accessing or using the website, applications, and services (collectively, the "Services") provided by Atolia ("we," "our," "us," or "Company"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

1.2 Eligibility

You must be at least 18 years old and have the authority to bind your business to these Terms. By using our Services, you represent and warrant that you meet these requirements.

1.3 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Sending an email to the address associated with your account
• Displaying a prominent notice within our Services

2.1 Service Offerings

Our Services include but are not limited to:

• Digital marketing solutions
• Guest engagement and experience management
• Revenue and analytics tools
• Direct booking systems
• Related consulting and support services

2.2 Service Evolution

We continuously evolve our Services and may:

• Add or remove features
• Modify functionality
• Update technology requirements
• Change service levels
• Discontinue Services with reasonable notice

2.3 Beta Services

We may offer beta, preview, or pilot features that are:

• Subject to additional terms
• Provided "as-is" without warranty
• Subject to change or discontinuation without notice

3.1 Account Creation

To access our Services, you must:

• Create an account with accurate information
• Maintain current contact and billing details
• Protect account credentials
• Notify us of unauthorized access

3.2 Account Types

We offer different account types with varying:

• Features and capabilities
• Usage limits
• Support levels
• Pricing structures

3.3 Account Security

You are responsible for:

• Maintaining password confidentiality
• Restricting access to authorized users
• All activities under your account
• Implementing appropriate security measures

4.1 Acceptable Use

You agree to use our Services:

• In compliance with laws and regulations
• According to documentation and guidelines
• Respecting third-party rights
• Following industry best practices

4.2 Prohibited Activities

You may not:

• Reverse engineer our Services
• Circumvent security measures
• Introduce malicious code
• Exceed usage limits
• Resell Services without authorization
• Share account credentials
• Violate acceptable use policies

5.1 Pricing and Plans

• Fees are based on selected service plans
• Prices may vary by region
• Enterprise pricing requires custom quotes
• Additional services incur separate fees

5.2 Payment Terms

• Payments are due according to plan terms
• Valid payment method required
• Taxes are additional
• Currency specified in agreement
• Late payments incur fees

12.1 Your Indemnification

You agree to indemnify us against claims arising from:

• Your use of the Services in violation of these Terms
• Content you submit, post, or transmit
• Your violation of applicable laws or regulations
• Unauthorized use of your account
• Breach of representations and warranties

12.2 Our Indemnification

We agree to indemnify you against claims arising from:

• Our Services infringing third-party intellectual property rights
• Our gross negligence or willful misconduct
• Our violation of applicable laws

12.3 Indemnification Procedures

• Prompt notification of claims
• Reasonable cooperation in defense
• Right to assume exclusive defense
• No settlement without consent

13.1 Confidential Information

Confidential Information includes:

• Technical specifications and documentation
• Business and marketing plans
• Pricing and financial information
• Customer data and lists
• Product roadmaps and strategies
• Source code and technology

13.2 Protection Requirements

Each party agrees to:

• Maintain strict confidentiality
• Use information only for intended purpose
• Implement appropriate security measures
• Limit access to authorized personnel
• Return or destroy confidential information upon request

13.3 Exclusions

Confidentiality obligations do not apply to information that:

• Is publicly available through no fault of the receiving party
• Was known prior to disclosure
• Is independently developed
• Is required to be disclosed by law

14.1 Initial Resolution

Dispute resolution process:

• Good faith negotiations between parties
• Escalation to senior management
• Mandatory 30-day negotiation period
• Written notice of disputes required

14.2 Mediation

• Mediation through mutually agreed mediator
• Costs shared equally
• Confidential proceedings
• Non-binding unless agreement reached

14.3 Arbitration

• Binding arbitration if mediation fails
• Single arbitrator selection process
• Conducted in [Jurisdiction]
• Costs allocated by arbitrator
• Limited discovery rights

15.1 Assignment

• No assignment without written consent
• Assignment to affiliates permitted
• Assignment in merger or acquisition allowed
• Rights and obligations bind successors

15.2 Force Majeure

No liability for delays or failures due to:

• Natural disasters
• War or terrorism
• Government actions
• Network or power failures
• Labor disputes

15.3 Severability

If any provision is found invalid or unenforceable, remaining provisions remain in full force. Invalid provisions will be modified to achieve intended purpose.

15.4 Entire Agreement

These Terms constitute the entire agreement between parties, superseding all prior agreements and understandings, written or oral.

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