LEGAL

Privacy Policy

Last updated: November 07, 2024

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. This Privacy Policy has been created with the help of the Privacy Policy Generator.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

Account means a unique account created for You to access our Service or parts of our Service.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to ATEK, 5490 Boulevard Thimens #240, Saint-Laurent, Quebec H4R 2K9.

Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

Country refers to: Quebec, Canada

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Personal Data is any information that relates to an identified or identifiable individual.

Service refers to the Website.

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Website refers to ATEK, accessible from atek.io

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

Email address
First name and last name
Phone number
Address, State, Province, ZIP/Postal code, City
Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

• Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
• Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. You can learn more about cookies on TermsFeed website article.

We use both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
• With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Our Service may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.
Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

Disclosure of Your Personal Data

Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

By email: info@atek.io

Terms of Use

ATEK TERMS OF USE

Welcome to the ATEK Platform. The ATEK Content and the Services to the customer specified on the Order Form (“you”) subject to the following terms of use (these “Terms of Use”). By clicking the “I Accept,” “I Agree” or similar button or check box presented with these Terms of Use (or a link hereto) or, if earlier, when you use the ATEK Platform or any of the Services, you accept these Terms of Use. Capitalized terms used herein shall have the definition provided when such term is first used herein or at the end of these Terms of Use.

1. USE OF THE ATEK Platform SITE, THE ATEK CONTENT AND THE SERVICES

1.1 Access. During the Term, and subject in all respects to these Terms and Conditions (including, without limitation, terms regarding suspension of the Services), you may access and use the ATEK Platform, the ATEK Content and the Services in accordance with these Terms of Use.
1.2 Your Account. To access the Services, you must create an account associated with at least one valid e-mail address. You may only create one account per email address. You are responsible for all activities that occur under your account, regardless of whether the activities are undertaken with your consent or authorization. Accordingly, you must take appropriate precautions to maintain the confidentiality of your user name, password and any other credentials that may be used to access your account. You will contact us immediately if you believe an unauthorized third party may be using your account or if your account credentials are lost or stolen.
1.3 Connectivity. You are responsible for planning, directing, supervising, obtaining and maintaining, at your sole expense, the system design, programming, and implementation, including all hardware, software, equipment, devices and services (including, without limitation, telecommunication services) that you require to access and use the ATEK Platform, the ATEK Content and the Services. We are not responsible for and have no liability with respect to design or implementation of the system or selection of appropriate computer hardware or software, including for the selection, purchase, maintenance or proper functioning of any such hardware, software, equipment, devices and services; provided that nothing herein limits our responsibilities regarding any Product arising under the purchase agreement relating thereto. You are responsible for your own configurations, programming, and costs. We are not responsible for any lack of connectivity between your company network and the Internet, wherever the user is located.
1.4 Monitoring Systems. You acknowledge and agree that the Services may fail from time to time, and that you use the ATEK Platform, the ATEK Content, and the Services at your sole risk. Accordingly, we strongly recommend that you obtain and implement robust environmental monitoring systems of which the Services and any related Products are merely a part and which are designed to ensure that no Inventory is lost, damaged or otherwise harmed or compromised in any way as a result of any failure of the Services or any such Product. We shall have no liability or obligation whatsoever for any loss or compromise of or damage or harm to, or that otherwise relates in any way to, any Inventory.
1.4.1 Notification Service Substitution. We may sever from the Services your SMS and voice alerts (a “Notification Service Substitution”). This is ordinarily due to prohibitive SMS and voice alert expense levels in affected regions, but this is not the only reason and we reserve the Notification Service Substitution right based in our sole discretion. In the event of a Notification Service Substitution, you will need to (i) acquire and successfully configure an equivalent SMS and voice alert account and services at your sole cost and (ii) we will no longer be responsible for the cost of your SMS and voice alert services or the services in providing SMS and voice alerts to you.
1.4.2 Notification of Change. We may institute a Notification Service Substitution at any time upon 30 days’ notice to you. In doing so, we will be exercising a contract right and this exercise does not require a modification of these Terms of Use or your acceptance thereof.
1.5 Support. We will make reasonable efforts to provide you basic technical and usage support for ATEK products via telephone and email. (We will determine, in our sole discretion, what constitutes basic support.) Any additional advanced support, including customized account setup and configuration and any other support that we deem in our sole discretion to be outside the scope of the basic support, may be provided, at our sole discretion, for an additional fee. We may access your ATEK Platform account at any time and from time to time to provide requested support and assistance and for any other purpose as contemplated hereunder. We do not provide support for services provided by the substitute notification provider.
Third Party Materials. We may provide access to or information regarding third-party websites, products, services, or resources. We shall not be responsible in any way for or in connection with, and we do not endorse or recommend, any such website or any related content or Product.
1.7 Acceptable Use. You may not use, or encourage, promote, facilitate or instruct others to use, the Services, the ATEK Content or the ATEK Platform for any illegal, harmful or offensive purpose or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, deceptive, or offensive or that violates the intellectual property or other rights of any person. We reserve the right to remove, disable access to or modify any materials or content that, in our sole discretion, may be illegal, may subject us to liability, may violate these Terms of Use or are, in our sole discretion, inconsistent with the purpose of the ATEK Platform. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators or other appropriate third parties. We may also cooperate with law enforcement agencies, regulators or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing customer, network, and systems information.

2. CHANGES TO THE SERVICES

We may change, modify, or discontinue any part or all of the Services, the ATEK Content or the ATEK Platform, or change or remove features or functionality of any of the foregoing, at any time and from time to time. We may set limitations on the amount of notifications sent from your system. YOU WILL UNDER NO CIRCUMSTANCES RECEIVE ANY REFUND OF FEES PAID HEREUNDER AS A RESULT OF OR IN CONNECTION WITH ANY SUCH CHANGE, MODIFICATION, DISCONTINUATION, REMOVAL OR ADDITION.

3. SECURITY AND DATA PRIVACY
3.1 Privacy Policy. Please review our Privacy Policy https://www.atek.io/privacy (the “Privacy Policy”), which describes our data collection and use.
3.2 Security. The ATEK Platform has, what we believe to be, reasonable security measures to protect the loss, misuse and alteration of the information, data and other Content uploaded to or stored or otherwise available on the ATEK Platform. However, we cannot guarantee that our security measures will prevent the loss, misuse or alteration of such information, data or Content or that our security measures will prevent third-party “hackers” from illegally obtaining such information, data or Content. You are responsible for properly configuring and using the Services and taking your own steps to maintain appropriate security, protection and backup of the data you upload to or store on the ATEK Platform, which may include routine archiving of Your Content.

4. FEES AND PAYMENT TERMS
4.1 Fees. The Fees are specified on the ATEK invoice. You will pay the Fees in accordance with these Terms of use.
4.2 Subscription. 
4.2.1 You may elect to purchase a subscription to the Services on a monthly, annual, three-year or five-year term.
4.2.2 We will invoice you for the amount of the applicable Fee when you purchase (or renew) your subscription, and you will pay such invoice within thirty (30) days. At or before the end of your annual subscription (including, without limitation, any renewal thereof), we will notify you of the terms (including, without limitation, the then-current Fees) under which you may renew your annual subscription for another year (or we will notify you that we elect not to offer any such renewal).
4.2.3 In the event of a Notification Service Substitution, there will be no reduction in your Fees.
4.3.1 Monthly Device Charge. You will be charged a fee of
4.3.1.1 $16/month for each of the first ten (10) devices,
4.3.1.2 $11/month for each device above ten (10) and below hundred 100 devices
4.3.1.3 $6/month for each device above hundred (100) devices
4.4 Terms. All payments due under these Terms of Use will be made without setoff or counterclaim, and without any deduction or withholding. Late fees will accrue at the rate of 1.5% per month (or the highest rate permitted by applicable law, if less) on all payments that are past due. You will promptly pay (or, at our option, reimburse us for) any sales, use, excise or other tax, assessment or governmental fee relating in any way to the Services, the ATEK Content or the ATEK Platform, other than taxes based on our net income.
4.5 Early Termination Fee. Should you not complete the term of your agreement (3 years or 5 years), you will be responsible to repay the amount of the discount received on the initial device purchase. This fee will be charged to the credit card used for the monthly device charge or invoiced upon notice of termination by the customer.

5. SUSPENSION
We may suspend your access to or use of any portion or all of the ATEK Platform, the ATEK Content or the Services immediately upon notice to you if we believe: (a) your use of or registration for the ATEK Platform, the ATEK Content or the Services (i) poses a security risk to the ATEK Platform, the ATEK Content or the Services or any third party, (ii) may adversely impact the ATEK Platform or the Services or the systems or content of any other ATEK customer, (iii) may subject us, our affiliates, or any third party to liability, or (iv) may be fraudulent; or (b) you are in breach of these Terms of Use, including if you are delinquent on your payment obligations. Suspension hereunder in no way limits or otherwise affects your payment obligations. Our right to suspend your use of the Services, the ATEK Platform or the ATEK Content is in addition to (and in no way limits or conditions) our right to terminate your right to access or use any of the foregoing as provided in these Terms of Use.

6. TERMINATION
6.1 Right to Terminate. Upon notice to you, we may terminate (or elect not to renew) your subscription to the Services, effective as of the end of your then-current monthly or annual subscription. Additionally, we may terminate your subscription immediately upon notice to you at any time upon any occurrence or event, or the satisfaction of any condition, that would authorize us to suspend the Services. You may terminate your subscription at any time upon notice to us. Termination will not entitle you to any refund of Fees paid hereunder. Upon termination of your subscription, we may prevent your access to or use of the ATEK Platform, the ATEK Content and the Services. We may, but will not be obligated to, retain Your Content. If we retain Your Content, we will make it reasonably available to you upon request (provided that you are not in breach hereof).
6.2 Obligations Upon Termination. Upon any termination as described above: (a) you will remain responsible for all Fees you have incurred through the date of termination; and (b) you will immediately return or, if instructed by us, destroy all ATEK Confidential Information in your possession or under your control or in the possession or under the control of any of your affiliates. Any provision of these Terms of Use that by their nature extend beyond the termination of your account or access or use of the Services or the ATEK Platform (including, without limitation, provisions regarding proprietary rights, indemnification, limits of liability, disclaimers of warranties, confidentiality, and Product Terms) shall survive such termination and shall remain in effect and enforceable.

7. PROPRIETARY RIGHTS
7.1 ATEK Content.
7.1.1 Subject to the license granted to you below, as between ATEK and you, ATEK retains all right, title and interest in and to all ATEK Content, all copies thereof and all intellectual property or other rights therein or relating thereto, including, without limitation, any such rights arising under any province of Canada, foreign or other laws relating to copyrights, patents, trade secrets or trademarks. You may not remove, alter or block any copyright or other proprietary notice on the ATEK Platform or any ATEK Content. ATEK reserves all rights not expressly granted herein.
7.1.2 ATEK grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to do the following during the Term: (i) access and use the Services solely in accordance with these Terms of Use; and (ii) use the ATEK Content and the ATEK Platform solely in accordance with these Terms of Use in connection with your permitted use of the Services.
7.1.3 You may not use the Services, the ATEK Content or the ATEK Platform in any manner or for any purpose other than as expressly permitted by these Terms of Use. You may not and may not attempt to, (a) modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the Services, the ATEK Content or the ATEK Platform, (b) reverse engineer, disassemble, decompile or otherwise derive the source code (or any information relating to the source code) of any such software, (c) access or use the Services in a way intended to avoid incurring Fees or exceeding usage limits or quotas, (d) resell or sublicense the Services or (e) reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose the Services, the ATEK Content or the ATEK Platform. All licenses granted to you in these Terms of Use are conditional on your continued compliance with these Terms of Use, and will immediately and automatically terminate if you do not comply with any term or condition hereof. During and after termination of your account or access to the Services, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Services you have used.
7.2 Your Content.
7.2.1 As between you and us, you own all right, title, and interest in and to Your Content. You grant us the irrevocable, worldwide, nonexclusive, assignable, sublicensable right to use, copy, distribute, display, perform and disclose Your Content (i) to provide the Services to you, (ii) to comply with any request of a governmental or regulatory body (including subpoenas or court orders), and (iii) to run statistical analyses or for any other internal research, development and other purposes.
7.2.2 You represent and warrant to us that: (a) you own all right, title, and interest in and to Your Content; and (b) you have the power and authority necessary to grant the rights in Your Content contemplated by these Terms of Use and our Privacy Policy.
7.3 Suggestions and Feedback. If you provide any suggested improvements or modifications to the Services, the ATEK Content or the ATEK Platform or other feedback regarding the foregoing to us or our affiliates, you hereby grant us a nonexclusive, irrevocable, perpetual, worldwide, royalty-free, fully-paid-up license to use, commercialize and otherwise exploit such suggestions in any way and for any purpose. Such license may be assigned, sublicensed or hypothecated in any way or by any means, without restriction of any type or nature.
7.4 Reviews. You may post reviews of the Services, so long as such reviews are not illegal, obscene, threatening, defamatory, injurious to third parties or otherwise objectionable and do not contain software viruses or other types of malware, political campaigning, commercial solicitations, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of a review. ATEK reserves the right, but does not have an obligation, to remove or edit any reviews or other content that do not comply with this paragraph.

8. INDEMNIFICATION
8.1 By ATEK. ATEK shall defend you against any claim by any third party that alleges that the Service infringes any patent or other intellectual property right (other than any claim of infringement based on (i) the combination, operation or use of the Service with any other product, system, equipment, software or device not purchased from ATEK or any affiliate thereof or (ii) the use of the Service for any purpose or in any manner not specifically recommended by ATEK) and shall pay any settlement of such claim or any damages awarded in any final judgment entered with respect to such claim, provided that you comply with the requirements of paragraph 8(c) that relate to such claim.
8.2 By You. You shall defend ATEK against any claim by any third party (including, without limitation, any purchaser or user of any Inventory and any regulator or other governmental agency) (i) that relates in any way to any Inventory or any damage or harm thereto or loss or compromise thereof, including, without limitation, any claim based on harm, damage or loss suffered by any person or entity as a result of any loss or compromise of or damage or harm to Inventory, (ii) any claim that use of any Services violated any law or regulation and (iii) any claim based on allegations that, if established, would indicate that you breached these Terms of Use. You shall pay any settlement of such claim or any damages awarded in any final judgment entered with respect to such claim, provided that ATEK complies with the requirements of paragraph 8.3 that relate to such claim.
8.3 Process. If a party hereto (the “Indemnified Party”) receives a third-party claim that the other party hereto (the “Indemnifying Party”) is obligated under paragraph 8.1 or paragraph 8.2 to defend, the Indemnified Party shall promptly notify the Indemnifying Party of such claim in writing (provided that such notice shall be deemed to be timely provided so long as any delay thereof does not prejudice the Indemnifying Party) and shall tender sole control of the defense and settlement of such claim to the Indemnifying Party. The Indemnifying Party shall promptly assume such defense, at its sole expense, using counsel reasonably satisfactory to the Indemnified Party. The Indemnified Party shall reasonably cooperate with the Indemnifying Party, at the Indemnifying Party’s sole expense, in such defense. The Indemnifying Party shall not settle any claim without the Indemnified Party’s written consent, not to be unreasonably withheld, delayed or conditioned. The Indemnified Party may, but shall have no obligation to, participate in the defense of any claim at its expense; provided that the Indemnifying Party shall promptly reimburse the Indemnified Party for any defense costs or expenses incurred if the Indemnifying Party fails to vigorously defend the claim at all times until such claim is fully resolved.

9. NO WARRANTIES
9.1 Disclaimer.
9.1.1 You acknowledge and agree that use of the Services, the ATEK Content and the ATEK Platform is at your sole risk. The Services, the ATEK Content and the ATEK Platform and all maintenance, support or other services that relate in any way thereto are provided "AS IS," without warranty of any kind, and ATEK, its affiliates and their respective licensors, suppliers and service providers expressly disclaim all warranties, express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
9.1.2 Without limiting the disclaimer provided in paragraph 9.1.1 above:
9.1.2.1 ATEK does not warrant that the functions contained in the Services, the ATEK Content or the ATEK Platform will meet your requirements, that the operation thereof will be uninterrupted or error-free or that errors or specification non-conformities therein will be corrected.
9.1.2.2 ATEK does not warrant or make any representations regarding the use or the results of the use of the Services, the ATEK Content or the ATEK Platform.
9.1.2.3 You are solely responsible for all settings and information relating to alarms or alerts issued in connection with the Services, including, without limitation, (i) setting the environmental thresholds that trigger alarms or alerts and (ii) ensuring that all telephone numbers, email addresses and other information used to transmit any remote alerts are at all times current.
9.2 No Other Warranties. No oral or written information or advice given before or after the date of these Terms of Use by ATEK, any authorized representative thereof or any other person will create or be deemed to be any warranty with respect to the Services, the ATEK Content or the ATEK Platform or any maintenance, support or other services that relate in any way thereto.

10. LIMITATIONS OF LIABILITY
10.1 Exclusion of Damages. ATEK WILL UNDER NO CIRCUMSTANCES BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL, OR INCREASED COSTS, DIMINUTION IN VALUE OF YOUR BUSINESS OR LOST BUSINESS, LOST PRODUCTION, REVENUES OR PROFITS, LOSS OF GOODWILL OR REPUTATION, CONSEQUENTIAL, INDIRECT OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, THE ATEK CONTENT, THE ATEK PLATFORM, YOUR CONTENT, THE ORDER FORM, A NOTIFICATION SERVICE SUBSTITUTION OR THESE TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS; FOR HARM OR DAMAGE TO, OR LOSS OR COMPROMISE OF, INVENTORY; FOR ANY UNAUTHORIZED ACCESS TO, FAILURE TO STORE, OR ALTERATION, CORRUPTION, DELETION OR LOSS OF USE OF YOUR CONTENT OR OTHER DATA; COST OF RECOVERY OF DATA, BREACH OF DATA OR SYSTEM SECURITY, OR FOR LOSS OF BUSINESS OR OTHER OPPORTUNITY OF ANY KIND.
You agree that the limitations of liability set forth in this section 10 shall be effective despite any failure of consideration or of an exclusive remedy. You acknowledge that the Services fees have been set and these Terms are accepted by the parties in reliance upon these limitations of liability and that these limitations form an essential basis of the consideration received by the parties.
10.2 Liability Cap. IN NO EVENT WILL ATEK’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THESE TERMS OR OTHERWISE RELATING TO THE SERVICES, THE ATEK CONTENT, THE ATEK PLATFORM, YOUR CONTENT, THE ORDER FORM, OR THESE TERMS OF USE EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, THE AMOUNTS ACTUALLY PAID BY YOU AND RECEIVED BY ATEK FOR SERVICES DURING THE ONE (1) YEAR PERIOD BEFORE SUCH LIABILITY FIRST ACCRUES.
10.3 You have one year to bring any claim to us or file a lawsuit for any claimed failure of our Services, the ATEK Platform, or the ATEK Content. You waive any and all claims against us for any claim not brought within the stated time.

11. MODIFICATIONS TO THESE TERMS OF USE
We may modify these Terms of Use at any time by providing you email notice of such modification. Such modification will take effect three (3) business days after we send such notice, unless, during such three (3) business day period, you object to such modification by notice to us in writing. If you do so object, such modification will in any event take effect at such time, if any, as your monthly or annual subscription is renewed. Notwithstanding the foregoing, if you object to a modification that we propose in an effort to comply with applicable law or regulation, we may terminate your subscription immediately upon notice to you. IN SUCH EVENT, YOU WILL NOT RECEIVE ANY REFUND OF FEES PAID HEREUNDER.

12. PRODUCT TERMS OF SALE
You acknowledge that, in connection with your purchase or lease of Products, ATEK, an affiliate thereof, or any reseller, distributor or other person in ATEK’s or such affiliate’s chain of sale or distribution provided you with (or with access to) terms of sale (“Product Terms”). The purchase or lease of such Products (including, without limitation, all rights, remedies, duties, liabilities and obligations of the buyer and seller of the Product, respectively) shall be governed in all respects solely by the (i) Product Terms and (ii) the designation or identification of the Product(s) (by ATEK product number or other means acceptable to ATEK), the quantity thereof ordered, the price thereof, and the target delivery date in any purchase order submitted by Customer and accepted by ATEK, such affiliate thereof or such reseller, distributor or other person in ATEK’s or such affiliate’s chain of sale or distribution. ANY TERMS THAT YOU OR ANY OF YOUR AFFILIATES PROVIDE TO ATEK, ANY AFFILIATE THEREOF, OR ANY RESELLER, DISTRIBUTOR OR OTHER PERSON IN ATEK’S OR SUCH AFFILIATE’S CHAIN OF SALE OR DISTRIBUTION, INCLUDING, WITHOUT LIMITATION, ANY TERMS INCORPORATED INTO, ATTACHED TO OR REFERENCED IN ANY PURCHASE ORDER, ACKNOWLEDGEMENT OR COMMUNICATION, SHALL BE OF NO FORCE OR EFFECT WHATSOEVER.

13. MISCELLANEOUS
13.1 Confidentiality. You will keep ATEK Confidential Information in the strictest of confidence and may use ATEK Confidential information only in connection with your use of the Services as permitted under these Terms of Use. You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of ATEK Confidential Information, including, at a minimum, those measures you take to protect your own confidential information.
13.2 Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under these Terms of Use where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
13.3 Independent Contractors. We and you are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.
13.4 Notice.
13.4.1 We may provide any notice to you under these Terms of Use by: (i) posting a notice on the ATEK Platform; or (ii) sending a message to any email address then associated with your account. Notices we provide by posting on the ATEK Platform will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.
13.4.2 To give us notice under these Terms of Use, you must contact ATEK as follows: (i) by email to support@atek.io; or (ii) by personal delivery, overnight courier or registered or certified mail to 240-5490 thimens blvd. St-Laurent, Quebec, Canada H4R2K9. We may update the facsimile number or address for notices to us by notice to you in accordance with these Terms of Use. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided registered or certified mail will be effective three business days after they are sent.
13.4.3 All communications and notices to be made or given pursuant to these Terms of Use must be in the English language.
13.5 Assignment. You will not assign these Terms of Use, or delegate or sublicense any of your duties, obligations or rights under these Terms of Use, without our prior written consent. Any assignment, delegation or sublicense in violation of this paragraph will be deemed null and void and of no force or effect. Subject to the foregoing, these Terms of Use will be binding upon and inure to the benefit of the parties and their respective successors and assigns.
13.6 Severability. If any portion of these Terms of Use is held to be invalid or unenforceable, such portion shall be severed from these Terms of Use, and the remaining portions of these Terms of Use will remain in full force and effect.
13.7 Governing Law; Venue. These Terms of Use shall be construed and enforced in accordance with the internal laws of the province of Québec applicable to contracts entered into and fully performed in Quebec by residents thereof. The venue for any action or proceeding brought by you or us against the other related to these Terms of Use shall be exclusively brought in a court located in the province of Québec, and you irrevocably submit to the personal jurisdiction of and irrevocably consent to venue in such courts for purposes of any such action or proceeding. Notwithstanding the foregoing, we may seek injunctive or other relief in any state, federal, or foreign court or agency of competent jurisdiction for any actual or alleged infringement of our, our affiliates’, or any third party’s intellectual property or other proprietary rights.
13.8 Entire Agreement. These Terms of Use, together with the Order Form and our Privacy Policy, is the entire agreement between you and us regarding the subject matter hereof. These Terms of Use supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of hereof. We will not be bound by, and specifically object to, any term, condition or other provision which is different from or in addition to the provisions of these Terms of Use (whether or not it would materially alter these Terms of Use) and which is submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document.

14. DEFINITIONS
14.1 “Content” means software, data, text, audio, video, images or other content.
14.2 “ATEK Confidential Information” means all nonpublic information disclosed by us, our affiliates, business partners or our or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. ATEK Confidential Information includes: (a) nonpublic information relating to our or our affiliates or business partners’ technology, customers, business plans, promotional and marketing activities, finances and other business affairs; (b) third-party information that we are obligated to keep confidential; and (c) the nature, content and existence of any discussions or negotiations between you and us or our affiliates. ATEK Confidential Information does not include any information that: (i) is or becomes generally publicly known without breach of these Terms of Use; (ii) you rightfully receive from a third party who (x) did not acquire or disclose the same by a wrongful or tortious act and (y) in no way restricted your use or disclosure of such information; or (iv) can be shown by documentation to have been independently developed by you without reference to any ATEK Content.
14.3 “ATEK Content” means Content we or any of our affiliates use, disclose or make available in connection with the Services, on the ATEK Platform or otherwise, including documentation, software and data, or to which you receive access as a result of your relationship with us.
14.4 “ATEK Platform” means app.atek.io, www.atek.io, and any successor or related site designated by us.
14.5 “Fees” means, as of any time, the then-current fees for the Services.
14.6 “Inventory” means any materials or inventory of any type stored by or for you or any other person or entity that uses the Services.
14.7 “Notification Service Substitution” means when your ATEK SMS and Voice notifications are replaced by a third-party voice and SMS alerts notification provider (“Provider”).
14.8 “Order Form” means the sales, order or other form that the customer hereunder uses to purchase Services.
14.9 “Product” means any product that you or any of your affiliates purchase or otherwise obtain directly or indirectly (through any channels of sale or distribution) from ATEK or any affiliate thereof to which the Services relate, including, without limitation, any Product that generates environmental data that is monitored, stored or analyzed as part of the Services, or that may be controlled (including, without limitation, by entering settings) using the Services.
14.10 “Services” means any services made available by us or our affiliates on the ATEK Platform that you purchase.
14.12 “Term” means the period during which you maintain an active subscription to the Services.
14.13 “Your Content” means environmental data uploaded by any of your Products for storage or processing using the Service.