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Atra Blockchain Services Terms of Service

These Terms of Service were updated February 2nd, 2022 and remain in effect until explicitly stated otherwise.

The Terms of Service

Welcome to the Dark Matter Digital dba Atra Blockchain Services Terms of Services. Please read the following and make sure you agree and accept before using our services.

The following Terms of Service (the “Terms”) will outline and govern how you (the “Customer, “user,” or “you”) will interact with us (“Atra,” “Atra Blockchain,” “Atra Blockchain Services,” “Company,” “Dark Matter Digital,” “Dark Matter,” “We,” “Us,” “Our”) and our applications, tools, softwares, products and services (the “Services”) and websites (the “Sites) located on or under the atra.io domain or console.atra.io domain. These Terms constitute a legally binding contract between you and Atra Blockchain Services upon any use by you of our Services and/or Sites. These terms also apply to the applications (the “Applications”) that are built using the Sites and Services by you, the user. Terms of payment also apply to the Payment for and paid Sites and Services offered by the Company.

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITES AND SERVICES. BY ACCESSING OR USING THE SITES OR SERVICES, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE OTHERWISE LEGALLY PERMITTED TO USE THE SERVICES IN YOUR JURISDICTION AND THAT THE COMPANY IS NOT LIABLE FOR YOUR COMPLIANCE WITH SUCH APPLICABLE LAWS. YOU MAY NOT ACCESS OR USE THE SITES OR SERVICES OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD, OR HAVE PERMISSION FROM A GUARDIAN TO ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITES. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Universal Terms

These Terms apply to any and all Sites and Services owned, operated, and provided by Atra Blockchain Services.

These are our high-level terms, plain and simple. Don’t break them.

  1. You cannot copy our stuff
    1. You, the Customer, may not transfer, rewrite, reverse engineer, or copy any piece of software, user experience, graphic, logic, visual, or piece of code owned, created or facilitated by the Company.
    2. Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trademark laws.
    3. Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
    4. You shall not (a) try to gain unauthorized access to the Site or Services or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptations, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
  2. You cannot resell, lease, or transfer our stuff
    1. You, the Customer, do not have the right to lease or re-sell any of the software provided by the Company.
    2. The Customer may access our services via the Sites and Services UI or API, but may not access the Sites and Services through any medium not explicitly offered to the Customer.
    3. The Customer may not pass the SItes and Services off as their own.
  3. You cannot use Atra to build any application or site that illicites illegal activity
    1. You may not use the Sites or Services for facilitating illegal behavior of any sort, even if through your own implementation. Your use and output of any of the Company’s Sites and Services must be compliant with local, federal, and international laws.
  4. You cannot use Atra to build any application or site that illicites inappropriate behavior
    1. Your use and implementation may not support, promote, or create any inappropriate behavior including but not limited to harassment, hate crimes, bullying, bribing.
  5. If you don’t comply with number 3 or 4, you are responsible.
    1. You are solely responsible for both the functional behavior and the users of your Applications that are built using the Sites and Services offered by the Company.
  6. When subscribed to a paid plan, you must pay
    1. Your payments must be on time when subscribed to a paid plan offered by the Company. Failure to pay will result in a termination of access to any paid Sites and Services. The Company reserves the right to terminate access with no notice in the event the payment method fails or the payment is not completed.
    2. The Company charges in US Dollar (USD). The Customer is responsible for paying in the accepted currency, and solely responsible for any transaction fees that may apply to their payment.
    3. The Company reserves the right to change the prices, pricing structure, or accepted form of Payment of the Sites and Services at any time, without notice. In the event that any of the aforementioned are changed, the Customer resumes the responsibility to pay for the Sites and Services, otherwise risk the termination and usage of their paid Sites and Services.
  7. You must provide accurate information about yourself and your payments
    1. You must provide accurate information as it relates to your account, billing details, and payment methods.
  8. You must hold sole responsibility for your own technology that leverages the Sites and Services of Atra
    1. You maintain all responsibility regarding your technology that leverages the Sites and Services of the Company, whether paid or unpaid. Any technical or financial faults of your own software or company remains your sole responsibility regardless of the use of the Sites and Services.
  9. Respect other users, their dApps, and fellow members of the Atra Community
    1. You must respect other users of the Sites and Services when interacting on the Sites and Services, and their outputs and implementations.
  10. We agree to maintain, host and support the software
    1. The Company agrees to maintain the Software, Sites and Services so that it is useful for the Customer. At this time the Company holds the right to not reimburse in any way (financially or non-financially) for downtime caused by error or maintenance on the Company’s end.
    2. We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party.

Subscription Terms

  1. When subscribed to a paid plan, you must pay (Repeated from above)
    1. Your payments must be on time when subscribed to a paid plan offered by the Company. Failure to pay will result in a termination of access to any paid Sites and Services. The Company reserves the right to terminate access with no notice in the event the payment method fails or the payment is not completed.
    2. The Company charges in US Dollar (USD). The Customer is responsible for paying in the accepted currency, and solely responsible for any transaction fees that may apply to their payment.
    3. The Company reserves the right to change the prices, pricing structure, or accepted form of Payment of the Sites and Services at any time, without notice. In the event that any of the aforementioned are changed, the Customer resumes the responsibility to pay for the Sites and Services, otherwise risk the termination and usage of their paid Sites and Services.
  2. You must provide accurate information about yourself and your payments
    1. You must provide accurate information as it relates to your account, billing details, and payment methods.
  3. You have the right to cancel your paid subscription at any time
    1. When you cancel or downgrade your paid subscription to either a cheaper plan or the free plan, your access to the current plan which you are on will remain active until the next billing cycle. You will not be refunded retroactively for days in the month of the plan you have already paid for that month.
    2. Plans are paid month to month, and may be canceled at any time during the month. Changes will not take effect until the following month.
    3. To avoid paying for the next month of services, cancel or downgrade your plan at least 24 hours before the renewal billing date. For example, if your plan is set to renew on May 3rd, cancel or downgrade your plan by May 1st to avoid being charged the next payment.
  4. We are not responsible for the outcome of your 1-hour free consultation
    1. This applies to paid subscribers who receive 1-hour-free project consultation
    2. Atra is not responsible for how the consultation is interpreted or implemented. We provide free advice and guidance as a part of your paid plan, but we hold no responsibility to the success of your project or outcomes.

Other Terms

The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

Arbitration Agreement

Applicability of Arbitration Agreement. In this Section (the "Arbitration Agreement"), You and the Company agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and the Company are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: the phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms. In addition, all disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

Waiver of Jury Trial. YOU AND THE COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and the Company over whether to vacate or enforce an arbitration award, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

We reserve the right to update these Terms at any time, without notice.

If any of the above terms are broken, violated, or breached by the Customer, the Company reserves the right to terminate access to the Sites and Services without notice, temporarily or permanently.

Legal handlings regarding these Terms of Service will be handled by the Court of Washington State Law.