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Updated July 26, 2024
THESE TERMS OF SERVICE (the “Terms”) apply to the products and services of Dotwise Software Incorporated (“Dotwise”), including its products and services made available on websites, software applications, and other online or hosted services (collectively, the “Services”).
Please read these Terms carefully. By subscribing to, accessing or using the Services, you acknowledge that you have read these Terms and the Dotwise Privacy Policy, that these Terms govern your use of the Services, and that you accept and agree to be bound by these Terms. If you do not agree to be bound by these Terms, please do not subscribe to, access or use the Services.
(a) You must be eighteen (18) years or older to use the Services. If you are under the age of majority where you live, you may not use the Services.
(b) To use the Services, you must register for an account. You must provide accurate account information, keep this information updated, and maintain the security of your account. Notify Dotwise immediately by email at support@dotwisesoftware.com of any unauthorized use of your account or any other breach of security. You are responsible for all activities that occur in connection with your account.
The Services are made available by a recurring paid subscription (a “Recurring Subscription”). If you purchase a Recurring Subscription to use the Services, the subscription will be continuous for the subscription period you select and, immediately prior to the conclusion of such subscription period, will automatically renew for another subscription period of equal duration until canceled in accordance with this Section 3. You authorize Dotwise to automatically charge your designated payment method at the beginning of each subscription period for the then-current price of your Recurring Subscription, along with any applicable taxes and fees specified, unless your Recurring Subscription is canceled in accordance with this Section 3. If Dotwise is not able to charge your payment method for your Recurring Subscription, you remain responsible for any uncollected amounts. You must cancel your Recurring Subscription at least 24 hours before the end of your current subscription period to avoid being charged for the next subscription period. You can cancel your Recurring Subscription by signing into your account at www.labatlas.com. If you cancel your Recurring Subscription, you are not entitled to a refund for the fees you already paid; however, subject to these Terms, you will continue to receive access to the Services until the end of your current subscription period. Dotwise may make changes to your Recurring Subscription, including price changes and will communicate material changes to your Recurring Subscription, including any material increase to the price, in advance to the email address associated with your account. If you do not agree to those changes, you can cancel your subscription as described in this Section 3.
(a) If you purchase a Recurring Subscription, you must provide an accurate and up-to-date payment method acceptable by Dotwise and you authorize Dotwise to charge any purchase to your designated payment method, including the then-current price plus any applicable taxes and fees specified. No transaction is binding on Dotwise unless and until accepted and confirmed by Dotwise.
(b) Your purchase of a Recurring Subscription is not contingent on Dotwise’s delivery of any current or future functionality, content, or features, or dependent on any oral or written public comments made by Dotwise regarding such functionality or features. If you have any concerns regarding the Services, you must raise them with Dotwise first and not cancel or reverse charges through your payment method provider unless you have made a reasonable attempt to resolve the matter directly with Dotwise or otherwise as provided by applicable law. Dotwise reserves the right to verify your identity or request more information in connection with your Recurring Subscription purchases, and not to process or to cancel purchase requests, including if Dotwise may suspect fraud or if your payment method has been declined.
(c) You will not have the right to receive a refund for any amounts paid to Dotwise unless otherwise required by applicable law.
(a) Subject to the limited license rights granted under these Terms, Dotwise and its licensors exclusively own all right, title, and interest in and to the Services, including all text, graphics, images, audio, video, or other materials made available by Dotwise via the Services, and all associated intellectual property rights. You acknowledge that the Services are protected by intellectual property rights and other laws of the United States and foreign countries. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any part of the Services. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Services, except as necessary for your permitted use of the Services.
(b) Subject to your compliance with these Terms, Dotwise grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your personal, non-commercial purposes. Any use of the Services other than as specifically authorized herein, without Dotwise’s prior written permission, is strictly prohibited, will terminate the license granted herein, and may infringe or violate Dotwise’s intellectual property rights.
(c) Except for the license you grant below, Dotwise does not claim any ownership rights in any messages, images, text, or other content that users may post through or by using the Services (collectively, “User Content”). User Content does not include any portion of the Services included in your User Content. Nothing in these Terms will be deemed to restrict any mandatory rights that you may have to use and exploit your User Content.
(d) By posting User Content to the Services or otherwise making any User Content available to Dotwise, you hereby grant to Dotwise a non-exclusive, transferable, sublicensable, worldwide, royalty-free, license to use, store, publish, translate, reproduce, adapt, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute such User Content in all media formats and channels now known or later developed in connection with the operation and provision of the Services on your and/or your organization’s behalf and without compensation to you, and to the extent permitted by applicable laws, you hereby waive all moral or special rights in this regard. When you post or otherwise share User Content on or through the Services, you understand that your User Content and any associated information may be visible to other users of the Services that are within your organization or that you may otherwise invite to use the Services under your Recurring Subscription. You represent and warrant that your User Content, and Dotwise’s use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity.
The Services may link, interface, and integrate with third party software applications, services, and/or websites that are not operated or controlled by Dotwise (collectively, “Third-Party Sites”). All such Third-Party Sites shall remain the property of their third-party providers. Dotwise is not responsible or liable for the content or practices of the Third-Party Sites. Any links to or content from Third-Party Sites in the Services are provided for your convenience only.
You are solely responsible for your User Content and conduct while using the Services, and will not do any of the following:
(a) Post, upload, create, publish, store, submit, transmit, or otherwise share any User Content that: (i) you do not have all necessary rights to disclose or to grant Dotwise the license described in Section 5(d) above; (ii) may or does infringe, misappropriate, or violate a third-party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (iii) violates, or encourages any conduct that would violate, these Terms, the rights of any party, or otherwise create liability or violate any applicable local, state, national, or international law or regulation or would give rise to civil or criminal liability; (iv) is fraudulent, false, misleading, or deceptive; (v) impersonates or misrepresents your affiliation with, any person or entity or contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences; (vi) is defamatory, obscene, pornographic, vulgar, offensive, unlawful, libelous, indecent, lewd, suggestive, abusive, or inflammatory; (vii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (viii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (ix) promotes illegal or harmful activities or substances; (x) contains any unsolicited or unauthorized promotions, political campaigning, advertising, or solicitations; (xi) contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or (xii) in Dotwise’s sole judgment, is objectionable, restricts, or inhibits any other person from using or enjoying the Services, or may expose Dotwise or others to any harm or liability of any type;
(b) Copy, reproduce, distribute, use, publicly perform, or publicly display, mirror, or frame the Services, or any individual element within the Services, Dotwise’s name, any Dotwise trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without express written consent from Dotwise or its licensors;
(c) Modify the Services, remove any proprietary rights notices, or markings, or otherwise make any derivative works based upon the Services;
(d) Use the Services for commercial time-sharing, rental, outsource or service bureau use, or use the Services other than for their intended purpose and in any manner not permitted by these Terms, that violates these Terms or any applicable law, regulation, contract, intellectual property right, or other third-party right, or that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
(e) Develop or use any applications that interact with the Services without Dotwise’s prior written consent;
(f) Avoid, bypass, ignore, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Dotwise or any of Dotwise’s providers or any other third-party (including another user) to protect the Services;
(g) Attempt to access or search the Services, scrape, or extract data or other content from the Services;
(h) Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services, or do anything that might discover source code;
(i) Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(j) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(k) Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
(l) Use or attempt to use another user’s account without authorization from that user and Dotwise; or
(m) Encourage or enable any other individual to do any of the foregoing.
Dotwise retains the right to monitor your access to or use of the Services or to review any User Content. To the extent permitted by applicable law, Dotwise reserves the right, but is not obligated, to enforce this section by removing or disabling access to any User Content, at any time and without notice, including, but not limited to, if Dotwise, at its sole discretion, considers any User Content to be in violation of these Terms.
Dotwise’s trademarks, logos, product and service names, slogans, and the look and feel of the Services may not be copied, imitated or used, in whole or in part, without Dotwise’s prior written permission. All third-party trademarks mentioned on the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Dotwise.
Dotwise may terminate your access to and use of the Services or your account if you violate these Terms, in Dotwise’s sole discretion without notice to you and to the extent permitted by applicable law. You may cancel your account at any time by signing into your account at www.labatlas.com and navigating to the Account section, although you will still have to cancel any active Recurring Subscriptions in accordance with Section 4. Upon any termination, discontinuation, or cancellation of the Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN WRITING BY DOTWISE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DOTWISE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE EXCLUSION AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. DOTWISE MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED OR ERROR-FREE BASIS. DOTWISE MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY OF THE SERVICES. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES TO THE EXTENT PERMITTED BY APPLICABLE LAW.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Dotwise and its officers, directors, partners, employees, and agents (individually and collectively, the “Dotwise Parties”), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees (“Claims”), arising out of or in any way connected with: (a) your access to or use of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights). You will cooperate with the Dotwise Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Dotwise Parties will have control of the defense or settlement, at Dotwise’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Dotwise or the other Dotwise Parties.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER DOTWISE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DOTWISE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. UNLESS SUCH LIMITS ARE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL DOTWISE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO DOTWISE FOR USE OF THE SERVICES IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THE EXCLUSION AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DOTWISE AND YOU.
These Terms will be governed by and construed under the laws of the Commonwealth of Massachusetts, without reference to principles of conflict of laws. Any dispute arising between you and Dotwise will be exclusively settled in an action commenced and maintained in any state or federal court sitting in Suffolk County, Massachusetts. You irrevocably consent and submit to the exclusive personal jurisdiction of such courts if there is any dispute between you and Dotwise and you agree not to challenge or assert any defense to the jurisdiction of such courts.
You agree to attempt to resolve any dispute arising under or relating to these Terms through the informal means described in this Section 14. Each party will appoint a representative to resolve such dispute and such representatives will furnish to each other all non-privileged information with respect to the dispute that the parties believe to be appropriate and germane. The representatives will negotiate in an effort to resolve the dispute without the necessity of any formal proceeding. Formal proceedings for the resolution of the dispute may not be commenced until the earlier of: (a) the designated representatives conclude that resolution through continued negotiation does not appear likely; or (b) thirty (30) calendar days have passed since the initial request to negotiate the dispute was made; provided, however, that a party may file earlier to avoid the expiration of any applicable limitations period, to preserve a superior position with respect to other creditors, or to apply for interim or equitable relief. Nothing herein shall prevent or delay a party from or in seeking injunctive relief.
The parties waive all right to a jury trial with respect to any and all issues in any action or proceeding arising out of or related to these Terms.
No proceeding, regardless of form, arising out of or related to these Terms may be brought by you more than two (2) years after the accrual of the cause of action.
Dotwise may change or discontinue any or all parts of the Services at any time and without notice, at Dotwise’s sole discretion, for any purpose, including to make improvements, address technical needs, and help prevent damage to users or the Services. To the extent permitted by applicable laws, Dotwise is not responsible for any loss or harm related to your inability to access or use the Services.
Dotwise may make changes to these Terms by notifying you of the changes, including by posting the revised Terms on the applicable Services or providing additional notice by email. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Unless Dotwise indicates otherwise in its notice, your continuing use of the Services following the effective date of any changes to these Terms will constitute your acceptance of such changes. If you do not agree to the updated Terms, you should terminate your account and stop using the Services.
(a) These Terms constitute the entire and exclusive understanding and agreement between Dotwise and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Dotwise and you regarding the Services.
(b) If any provision of these Terms is held unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permissible and is deemed severable from these Terms, and the other provisions of these Terms will remain in full force and effect.
(c) These Terms and all additional terms and related documents, including notices and other communications are in the English language.
(d) You may not assign or transfer any of your rights or obligations under these Terms, by operation of law or otherwise, without Dotwise’s prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms, without such consent, will be null and of no effect. Dotwise may freely assign or transfer its rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
(e) Dotwise’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Dotwise. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
(f) The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
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