Terms of Service

1. Description of Service

AttoPhase provides a cloud-based software platform for requirements management, risk assessment, and traceability documentation. The Service is provided as a tool to assist users in organizing and managing their compliance-related information.

Important: The Service is a documentation and management tool only. It does not provide legal, regulatory, medical, engineering, or professional advice of any kind. Users are solely responsible for ensuring their compliance with all applicable laws, regulations, and standards. The use of this Service does not guarantee regulatory compliance or approval.

2. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. User Accounts

To access the Service, you must create an account with accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or use

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

4. Subscription and Payment

The Service is offered on a subscription basis. By subscribing, you agree to pay all applicable fees as described on our pricing page. Unless otherwise stated:

• Fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by applicable law
• We may change pricing with 30 days notice
• Failure to pay may result in suspension or termination of access

5. Your Data and Content

You retain all ownership rights to the data, content, and materials you upload to the Service ("Your Content"). By using the Service, you grant us a limited, non-exclusive license to store, process, and display Your Content solely for the purpose of providing the Service to you.

You are solely responsible for:

• The accuracy, quality, and legality of Your Content
• Ensuring you have all necessary rights to upload Your Content
• Maintaining appropriate backups of Your Content
• Any decisions made based on Your Content or the Service output

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Upload content that infringes intellectual property rights or is unlawful
• Attempt to gain unauthorized access to the Service or its systems
• Interfere with or disrupt the Service or servers
• Upload malicious code, viruses, or harmful content
• Resell, sublicense, or redistribute the Service without authorization
• Use the Service to store or transmit sensitive personal data beyond what is necessary
• Reverse engineer, decompile, or attempt to extract source code

7. Intellectual Property

The Service, including its original content, features, functionality, software, and branding (excluding Your Content), is and will remain the exclusive property of AttoPhase and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or branding.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT
• WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
• WARRANTIES THAT DEFECTS WILL BE CORRECTED
• WARRANTIES THAT THE SERVICE IS FREE OF VIRUSES OR HARMFUL COMPONENTS

THE SERVICE IS NOT INTENDED TO PROVIDE AND DOES NOT CONSTITUTE LEGAL, REGULATORY, MEDICAL, ENGINEERING, OR OTHER PROFESSIONAL ADVICE. Any reliance on the Service or its output is at your own risk. You should consult qualified professionals for advice specific to your situation.

WE DO NOT WARRANT THAT USE OF THE SERVICE WILL RESULT IN REGULATORY COMPLIANCE OR APPROVAL. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS IS YOUR SOLE RESPONSIBILITY.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL ATTOPHASE, ITS OWNERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business
• Loss of data or data breach
• Loss of goodwill or reputation
• Cost of procurement of substitute services
• Business interruption
• Any other intangible losses

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED EUROS (€100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless AttoPhase and its owners, directors, employees, agents, partners, suppliers, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Service
• Your Content or data
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights
• Any regulatory action, audit, or investigation related to your use of the Service

11. Service Availability and Modifications

We strive to maintain Service availability but do not guarantee uninterrupted access. We reserve the right to:

• Modify, suspend, or discontinue the Service (or any part) at any time
• Perform maintenance that may temporarily affect availability
• Change features, functionality, or pricing with reasonable notice

We shall not be liable for any modification, suspension, or discontinuation of the Service.

12. Data Processing and Security

We implement reasonable technical and organizational measures to protect Your Content. However, no method of electronic storage or transmission is 100% secure. You acknowledge that:

• You use the Service at your own risk
• We cannot guarantee absolute security of your data
• You are responsible for maintaining your own backups
• You should not store highly sensitive data (e.g., patient data, classified information) unless you have verified the Service meets your security requirements

For information on how we process personal data, please see our Privacy Policy.

13. Third-Party Services

The Service may integrate with or contain links to third-party services. We are not responsible for the content, privacy practices, or terms of any third-party services. Your use of third-party services is at your own risk and subject to their respective terms.

14. Termination

Either party may terminate this Agreement at any time. We may terminate or suspend your access immediately if you breach these Terms. For other reasons, we will provide 30 days' notice.

Upon termination:

• Your right to use the Service ceases immediately
• You may request export of Your Content within 30 days (subject to payment of outstanding fees)
• We may delete Your Content after 30 days
• Sections that by their nature should survive (including disclaimers, limitations of liability, and indemnification) shall survive termination

15. Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to: natural disasters, war, terrorism, riots, embargoes, acts of government, internet or infrastructure failures, pandemics, or labor disputes.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of the Netherlands. However, we retain the right to bring proceedings in any other jurisdiction where you may have assets or where a breach may have occurred.

If you are a consumer in the European Union, you may also have rights under the laws of your country of residence, and nothing in these Terms affects your statutory rights as a consumer.

17. Dispute Resolution

Before initiating any legal proceedings, you agree to first contact us at hello@attophase.com to attempt to resolve any dispute informally. We will attempt to resolve disputes within 30 days.

For EU consumers: You may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and AttoPhase regarding the Service and supersede all prior agreements and understandings.

20. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us.

21. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

22. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page and updating the "Last updated" date. For significant changes, we may also notify you by email.

Your continued use of the Service after any changes constitutes acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service.

23. Contact Information

For questions about these Terms, please contact us at:

Email: hello@attophase.com