1. Agreement to these Terms
These Terms of Service ("Terms") govern your access to and use of Net Paladin's services, including our website, telecommunications services, APIs, software, account tools, billing features, documentation, and support offerings (collectively, the "Services").
By creating an account, accessing our systems, submitting traffic, using an API key, paying an invoice, or otherwise using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms.
If you do not agree to these Terms, you may not access or use the Services.
2. Accounts and security
You may need an account to use certain Services. You agree to provide accurate, complete, and current information and to keep that information updated.
You are responsible for safeguarding your account credentials, API keys, network access, authorized users, and systems that connect to Net Paladin. You are responsible for all activity under your account, whether or not you authorized it.
You must notify us promptly if you suspect unauthorized access, credential compromise, abuse, fraud, or any other security incident involving your account or use of the Services.
3. Acceptable use
The Services are intended for lawful business telecommunications use. You agree not to use the Services, directly or indirectly, to:
We may investigate suspected violations and may suspend or terminate access where we believe doing so is necessary to protect the Services, comply with legal obligations, or prevent harm.
4. Service management
We work to provide reliable, secure, and scalable Services, but telecommunications services can depend on third-party networks, carriers, vendors, internet connectivity, regulatory requirements, and other factors outside our control.
We may modify, update, limit, suspend, discontinue, or replace any part of the Services at any time. We may also take action to protect service integrity, including traffic filtering, rate limiting, blocking suspicious requests, or requiring additional verification.
You are responsible for your systems, configurations, integrations, data, traffic, call flows, security controls, and compliance with all applicable laws and industry requirements.
5. Fees and payment
You agree to pay all fees, charges, usage amounts, taxes, and other amounts associated with your use of the Services. Fees may include recurring charges, usage-based charges, pass-through charges, carrier charges, regulatory fees, taxes, and other applicable amounts.
We may change fees by posting updated pricing, updating your account, issuing a notice, or otherwise communicating the change. Your continued use of the Services after a fee change becomes effective constitutes your agreement to pay the updated fees.
You authorize us and our payment processors to charge your payment method for amounts due. If payment is late, incomplete, disputed, reversed, or cannot be processed, we may suspend or terminate your access to the Services and pursue collection of unpaid amounts.
Unless otherwise stated in writing, all fees are non-refundable and exclusive of taxes, levies, duties, or similar governmental assessments, which are your responsibility.
6. Intellectual property
The Services, including software, APIs, interfaces, documentation, designs, text, graphics, logos, service names, workflows, and related materials, are owned by Net Paladin or its licensors and are protected by copyright, trademark, trade secret, and other intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes.
These Terms do not grant you any right to use Net Paladin's names, logos, trademarks, service marks, branding, or other proprietary materials without our prior written consent.
7. Customer data and privacy
You retain ownership of data you submit to the Services. You grant Net Paladin the rights necessary to process, transmit, store, analyze, secure, and use that data to provide the Services, operate our business, prevent abuse, comply with legal obligations, and enforce these Terms.
Our collection and use of personal information is described in our Privacy Policy. You are responsible for obtaining all required notices, consents, permissions, and authorizations from your users, customers, employees, contractors, and other relevant parties.
You are responsible for the legality, accuracy, quality, and integrity of data, content, instructions, and traffic you provide through the Services. You must not submit protected, sensitive, or regulated data unless you have confirmed that your use of the Services is appropriate for that data and permitted by applicable law.
8. Termination and suspension
You may stop using the Services at any time. You may also contact us to request account closure, subject to any outstanding payment obligations, retention requirements, or legal obligations.
We may suspend or terminate your account or access to the Services immediately if we believe you have violated these Terms, created security or legal risk, failed to pay amounts due, submitted abusive or unlawful traffic, or used the Services in a way that may harm Net Paladin, our partners, or others.
Upon termination, your right to use the Services will cease immediately. Provisions that by their nature should survive termination will survive, including payment obligations, intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute provisions.
9. Disclaimers and limitation of liability
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Net Paladin DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, AND RELIABILITY.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Net Paladin, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, USE, OR ANTICIPATED SAVINGS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO Net Paladin FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
10. Indemnification
You agree to defend, indemnify, and hold harmless Net Paladin, its affiliates, licensors, service providers, officers, directors, employees, contractors, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees, including reasonable attorneys' fees, arising out of or relating to your use of the Services, your violation of these Terms, your violation of any rights of a third party, or your violation of applicable law.
11. Disputes
These Terms and any dispute arising out of or relating to them or the Services will be governed by the laws of the State of Delaware, without regard to its conflict of law principles.
Any claim, dispute, or controversy arising out of or relating to these Terms or the Services must be resolved exclusively in the state or federal courts located in Wilmington, Delaware, and you and Net Paladin consent to personal jurisdiction in those courts.
Before filing a formal legal action, you agree to first contact us and attempt to resolve the dispute informally. If we are unable to resolve the dispute within sixty (60) days, either party may proceed with a formal claim.
To the fullest extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
12. Changes to these Terms
We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. When we make material changes, we will provide notice by posting the updated Terms on our website, updating the "Last updated" date, and, where appropriate, notifying you through the Services or by email.
Your continued use of the Services after the updated Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services and close your account.
13. Contact
If you have questions about these Terms, the Services, or your account, please contact us:
- Email: legal@atariasystems.com
- Mail: Net Paladin, Attn: Legal, 123 Tech Plaza, San Francisco, CA 94105
We aim to respond to all inquiries within a reasonable timeframe.