Legal Terms of Service
The Terms of Service (“Terms”) applies to all access to or use of the Aratis Solutions LLC websites, offerings, products and services (collectively, “Services”). Aratis Solutions LLC (“we”, “us”, “our”,”ARATIS” unless the context otherwise requires), provides You for use of the Service. “You” (“You”, “your”, “user” unless the context otherwise requires) refers to any individual who creates an account on the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then “You” refers to such entity. with these Services subject to your acceptance, without any modifications, of the Terms, as well as any other operating rules and policies that Aratis Solutions LLC publishes on its website, such as our privacy policies (collectively, the “Agreement”).
By accessing one of our Services, you represent that you have reached the age of majority for where you live or that you have had a parent or legal guardian consent to be bound by these Terms.
PLEASE REVIEW THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING ONE OF ARATIS’S SERVICES, YOU ACCEPT THE TERMS OF THIS AGREEMENT AND IT BECOMES A LEGALLY BINDING COMMITMENT BETWEEN YOU AND ARATIS SOLUTIONS LLC. IF YOU DO NOT AGREE WITH ANY PORTION OF THE AGREEMENT OR IF YOU DO NOT INTEND TO USE THE SERVICES IN ACCORDANCE WITH THESE TERMS, YOU MAY NOT ACCESS OR USE ANY ARATIS SERVICE; YOU SHOULD LEAVE THIS WEBSITE IMMEDIATELY BY CLOSING YOUR INTERNET BROWSER WINDOW.
ARATIS reserves the right to modify the Terms of Service at any time and without notice or acceptance by You. By using the Services, You signify your irrevocable acceptance of these Terms of Service. Accordingly, if at any time you will not agree with these Terms of Service, You will no longer have right to use the Service.
Service and your data
ARATIS provides You with the services, tools and features to integrate and automate various third party applications, websites, services together.
By using the Service, You may give us access to your information, customer data, project data, files, and folders (collectively, “your data”) available from third party applications. You retain ownership of your data. You are also solely responsible for the content of your data, we are not responsible for the content of your data transferred through the Service. We do our best to prevent (please see our Privacy Policy) misuse of your data by third party, but we are not responsible for misuse of your data by any third party. We sometimes need your permission to do what you ask us to do with your data. By allowing our Service to manage your data, You grant us worldwide, non-exclusive, royalty-free rights to use, copy, distribute, and prepare derivative works in order to enable us to technically operate the Service. You must ensure you have the rights you need to grant us that permission.
Our Service includes a combination of content that we create, that third parties create, and that our users create. Some materials published, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos are protected by our intellectual property (copyright) or industrial property rights (such as trademarks) or those of third parties or You. As a condition of your right to use the Service, you agree to respect the intellectual property rights of others. Also You agree not to upload or post to the Service any copyrighted materials, trademarks or other proprietary information belonging to any third party without the prior written consent of the applicable third party.
Terms of Usage
The Services term (“Term”) will commence your acceptance of these Terms of Service and will remain in effect until terminated by you or ARATIS. You may terminate these Terms of Service for any reason or no reason at all. We may suspend your right and license to use any or all Services or terminate these Terms of Service in its entirety for any reason or for no reason, at our discretion by providing thirty (30) days advance notice. If ARATIS determines that providing advance notice would negatively impact ARATIS’s ability to provide Services, ARATIS may suspend your right and license to use any or all Services or terminate these Terms of Service without notice.
You agree that You will not upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt our Service or networks connected to our website or through the use of our Service, or disobey any requirements, procedures, opt-in and opt-out policies or regulations of networks connected to our website or through the use of our Service, or otherwise interfere with our Service in any way, including through the use of JavaScript, ActiveX or other coding; take any action that imposes an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, alter, modify, or publicly display any information displayed on the Service (except for Your User Content), or create derivative works from our website (other than from Your User Content), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of ARATIS or any other third party, except with the prior written consent of ARATIS or the appropriate third party.
You and any Apps that you may build, distribute, or otherwise create may make network calls, send text messages or requests to the ARATIS API, or may receive phone calls and text messages via the ARATIS API, at any time that the ARATIS API is available provided that those requests do not violate these Terms of Service.
10DLC Application-to-Person (A2P) text messaging Opt-in will be in writing at time you sign up for service and before Aratis can provide you your API key. Additional Opt-in, Opt-out and Help keywords are used to conform with all 10DLC requirements such as; STOP, stop all, unsubscribe, cancel, end, quit, Help.
“You have successfully been unsubscribed, you will not receive any more messages from this number. Reply START to re-subscribe.”
“You have successfully been re-subscribed to this number. Reply STOP to unsubscribe. Msg&Data Rates May Apply.”
You may use the ARATIS API to execute Apps owned or lawfully obtained by you, and you are solely responsible for such Apps, including any data, text, language, images or content contained therein. You are responsible for all traffic originating from your Apps or using your account credentials to the ARATIS API. Therefore, you should protect your authentication keys and security credentials. Any action taken with your credentials are deemed to be actions taken by you, with all consequences including payments, service termination, civil and criminal penalties.
For the avoidance of doubt, your use of the Website and the ARATIS API is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through use of our Website, these Terms of Service or otherwise. All Marks, including domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the ARATIS API remain the property of ARATIS or its affiliates or licensors.
You agree not to reproduce, duplicate or copy any portion of the Service, without the express permission by ARATIS.
You understand and agree that the Service is provided “as is” and ARATIS, its partners, suppliers and Resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on ARATIS’s servers. ARATIS, its partners, suppliers and Resellers make no warranty or representation regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any user’s requirements. Use of the Service is at Your sole risk. You will be solely responsible for any damage to You resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with You. No oral or written information or advice given by ARATIS or its authorized representatives shall create a warranty or in any way increase the scope of ARATIS’s obligations. Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, ARATIS, its partners, suppliers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.
ARATIS may suspend your right and license to use the Service or terminate these Terms of Service for cause effective as set forth below:
Immediately upon our notice to you if (i) you violate any provision of these Terms of Service or we have reason to believe that you have violated these Terms of Service, (ii) there is an unusual spike or increase in your use of the Services for which there is reason to believe such traffic or activity is fraudulent, abusive, harmful, threatening, defamatory, offensive and/or negatively impacting the operating capability of the Service; (iii) we determine, in our sole discretion, that our provision of any of the Services to you is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason; or (iv) you become the subject of a voluntary or involuntary bankruptcy or similar proceeding, or make an assignment for the benefit of creditors; and immediately and without notice if you are in default of any payment obligation with respect to any of the Services or if any payment mechanism you have provided to us is invalid or charges are refused for such payment mechanism. If the account remains suspended for more than 30 days, all phone numbers associated with the account will be unrented. Unrented phone numbers will not be recoverable.
Upon our suspension of your use of any Services, in whole or in part, for any reason: (i) fees will continue to accrue for any Services that are still in use by you; (ii) you remain liable for all fees, charges and any other obligations you have incurred for usage/activity through the date of suspension with respect to the Services; and (iii) all of your rights with respect to the Services shall be terminated during the period of the suspension.
Upon termination of these Terms of Service for any reason: (i) you remain liable for all fees, charges and any other obligations you have incurred through the date of termination with respect to the Services; (ii) you remain liable for all penalties, charges, fines that may have been incurred by ARATIS due to activity from your account even if such charges are incurred subsequent to your account termination (iii) all of your rights under these Terms of Service shall immediately terminate; and (iv) ARATIS reserves the right to charge your card on file for any outstanding balance as well as any penalties, fines, charges due on your ARATIS account.
Notwithstanding such termination or suspension, you will continue to be subject to the “Intellectual Property”, “Fees”, “Content”, “Representations and Warranties”, “Disclaimers and Limitations of Liability”, “Indemnification”, “Applicable Law and Jurisdiction”, and “Use of the ARATIS API” sections of these Terms of Service.
Except as otherwise expressly stated in these Terms of Service, you agree that ARATIS shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Website or the ARATIS API.
Downtime; Security
Your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and we shall also be entitled, without any liability to you, to suspend access to or shut down all of the Services at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any of the Services; (b) in the event of a denial of service attack or other attack on the Services or other event that we determine, in our sole discretion, may create a risk to the Services, to you or to any of our other customers if the Services were not suspended; (c) in the event of a violation by you of the ARATIS Authorized Use Policy; or (d) in the event that we determine that any of the Services is prohibited by applicable law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Suspensions”) including and not limited to attempting additional calls per second than allowed or spamming end users in a prohibited manner. ARATIS shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Suspension. To the extent we are able, we will endeavor to provide you notice of any Service Suspension and to post updates regarding resumption of Services following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so. We strive to keep information you provide to us secure, but cannot guarantee that we will be successful at doing so. You acknowledge that you bear sole responsibility for adequate security, protection and backup of your content including all audio recordings associated with your account. Subject to any terms as documented in a written addendum hereto, ARATIS will have no liability to you for any unauthorized access or use, corruption, deletion, destruction or loss of any of your content. Fees. Free Services are limited to one per person, and if we find that you have created multiple free trial accounts, we reserve the right to suspend those accounts and take actions to prevent additional violations. Free Services come with the amount of services set forth here. We may provide notice to you of reaching 60% and 80% of the amount of services offered under our free plan, but may shut off your account without notice upon reaching the maximum amount of services under the free plan
Any ARATIS account usage that occurred due to fraudulent attack(s) on your website or application will be your own responsibility. ARATIS has no liability or responsibility towards any such attacks or traffic. Further, all costs related to usage of services in such a scenario will need to be paid for in full by you. ARATIS will provide reasonable assistance that you may require for any legal verification, that is within its responsibility and ability to do so. In such a scenario, this can affect the credit rating of your Company and any special privileges that ARATIS may be offering to your Company. Some of the ARATIS services will require a verified address prior to service activation. In the event of any information request from a law enforcement authority or the end Carrier, You will need to provide such information within a 24 hour period. You will be responsible to ensure that the end-user information is compliant with service restrictions applicable. ARATIS is not under contractual obligation to provide any subpoena or legal documentation while requesting for additional information.
Registration
In order to use the Service, You must have a valid Account. To acquire an Account for the Service, You must provide us with an email address and other informations (“Registration Data”) as well as opting in to receive calls and text messages. You are responsible for maintaining the confidentiality of the access data for Your Account, and are fully responsible for all activities that occur under Your Account. You agree to immediately notify ARATIS of any unauthorized use of Your Account or any other breach of security, and ensure that You exit from Your Account at the end of each session. ARATIS cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. In consideration of use of the Service, You agree to provide true, accurate, current and complete information about Yourself as prompted by the Service’s registration form, and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. ARATIS assumes no duty to verify such information. If You provide any information that is untrue, inaccurate, not current or incomplete, or ARATIS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ARATIS has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service. By using the Service (and registering an Account on the Service), You represent and warrant that You are at least 18 years of age or have parent or guardian consent. No one under the age of 18 may use the Service. ARATIS may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale or provision of the Service conflicts with any applicable law, rule or regulation.
Upon using ARATIS services, you hereby grant us permission to use your trade names, trademarks, service marks, logos, domain names and the like, for the purpose of promoting and / or advertising your use of ARATIS services. In addition, ARATIS may request testimonials and create case studies, for the purpose of joint marketing and public relations efforts that will be published on our website and shared with current and potential customers.
Billing and Fees Terms
Access to ARATIS features requires Paid Subscription (“Paid Subscription”). If You choose a Paid Subscription, You shall pay fees to ARATIS. More information about pricing can be found in the current price list. Upon selection of a Paid Subscription, You will provide ARATIS with the necessary billing information (“Billing Data”). Paid Subscriptions can be paid only by credit card as either a monthly subscription Fee or a yearly subscription Fee. In certain cases, we can invoice for yearly subscription fee, overages and for configuration assistance which are due upon receipt, with net 30 terms. If you are interested in this option, please contact us.
If you select a Paid Subscription, You must provide us with current, complete and accurate Billing Data. You must promptly update all Billing Data to keep Your Account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date) and You must promptly notify ARATIS if Your Payment Method is changed (for example, for loss or theft) or if You become aware of a potential breach of security, such as the unauthorized disclosure or use of Your name or password. If You fail to provide any of the foregoing information, You agree that ARATIS may continue charging You for any use of the Paid Subscription under your Billing Data unless You have terminated Your Paid Subscription as set forth herein.
If You select the Monthly Fee, the credit card that You provide as part of the Billing Data will be automatically and immediately billed each Month. You agree that ARATIS may charge to Your credit card all amounts due and owing for Services including overages and hands-on configuration assistance for Your Account on that monthly basis or upon cancellation. If You select the Yearly Fee, the credit card that You provide as part of the Billing Data will be automatically and immediately billed each year on the day you subscribed. Yearly plans may qualify under special circumstances for invoicing plan, as part of the Billing Data will automatically and immediately invoice sent each month for Services including overages and hands-on configuration assistance, or year on day you subscribed, due upon receipt with net 30 terms and 12% late free accrued for each 30 days overdue. You agree that ARATIS may charge to Your credit card all amounts due and owing for Your Account on that yearly basis unless you cancel the account. You agree that ARATIS may charge by invoice all amounts due and owing for Your Account on that yearly basis unless you cancel the account.
You may at any time decide to cancel your Paid subscription or switch to another Paid Subcription listed in the current pricelist. If you cancel a Paid Subscription, we will not charge you a further subscription Fee at the end of your current subscription period (month or year) and your account will be suspended. If you change your Paid Subscription type, we will transfer any unused operations and data you have already paid for to your new type of account. At the time of this change, we will charge you the fee applicable for the Paid Subcription you have chosen.
ARATIS may change prices at any time without prior notice, but will endeavor to provide reasonable advance notice via the ARATIS website and/or electronic mail. You agree that in the event ARATIS is unable to collect the fees owed to ARATIS for Your Account through Your subscription Fee, ARATIS may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by ARATIS in connection with such collection activity, including collection fees, court costs and attorneys’ fees.
If Your Subscription Fee payment is overdue, ARATIS will disable Your access to the features provided by the Paid Subscription and will switch Your Account back to free one. ARATIS may, at its sole discretion, at any time and for any reason, terminate the Service, or suspend or terminate Your Account. In the event of suspension or termination, Your account will be disabled and You may not be granted access to Your Account or any files or other content contained in Your Account, and ARATIS may delete Your User Content. In the event of termination, ARATIS may also withdraw and at its discretion reallocate the public web address of Your Account.
If You terminate/cancel Your Account and You request that ARATIS delete all content and files contained in Your Account, ARATIS will make all reasonable efforts to do so.
Fees are non-refundable in all cases except as required by law. However, if you think you deserve a refund, please, get in touch with us.
Hands-on configuration assistance
Hands-on configuration assistance is available upon request when You request ARATIS to configure Your application directly to complete an agree upon workflow. A statement of work must be signed and remote access provided along with any necessary credentials required to configure Your application before work can begin.
Coupons
A coupon is a form of bonus you may receive from us during promotions or other events. Each coupon states what you can get using the coupon and contains a unique coupon code and information on the validity period. Each coupon can only be used once during its validity period.
Custom Apps Development Platform
Custom Apps created in our Development platform are subject to all parts of these Terms of Service. If you choose to use Development platform to create and connect 3rd party services or applications (“Apps”), you are granting us the full rights to distribute, modify or work in any way with this content. We reserve the right to refuse, modify or moderate this content.
General provisions
Use of the Services is further conditioned upon adherence to ARATIS’s Acceptable Use Policy https://www.aratissolutions/aup/, which is hereby incorporated by reference. ARATIS reserves the right to suspend or otherwise terminate the Services upon any violation by you, your agents or your customers of the Acceptable Use Policy.
You agree that ARATIS has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service. You acknowledge that ARATIS may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. ARATIS retains the right to create limits on use of the Service at our sole discretion at any time with or without notice. You acknowledge that we reserve the right to log off or delete users who are inactive for an extended period of time.
ARATIS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that ARATIS shall not be liable to You or to any third party for any modification, suspension, termination or discontinuance of the Service.
In no event will ARATIS or its partners, suppliers or Resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Service, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if ARATIS, its partners, suppliers or Resellers have been advised of the possibility of such damages. In any case, ARATIS’s, its partners’, suppliers’ and Resellers’ maximum cumulative liability and Your exclusive remedy for any claims arising out of or related to this Agreement will be limited to the amount actually paid by You for the Service (if any) in the previous twelve (12) months.
Final Provisions
This Agreement, which includes our Privacy Policy, and our terms and conditions, constitutes the entire agreement of the parties with respect to the subject matter hereto and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter, hereof, oral or written.
If any provisions of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
ARATIS’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of ARATIS’s right to subsequently enforce such provisions or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing.
Any rights not expressly granted herein are reserved.
All notices or other correspondence to ARATIS under this Agreement must be sent to the following electronic mail address for such purpose: help@AratisSolutions.com
End of the Agreement. Last revision: Aug 10, 2019.