ATS Terms of Use, Website Terms of Use, Privacy Policies, Disclaimers and Warranties

Introduction

Thank you for using the ATS products and services. You are agreeing to the following terms when you use ATSGeoSuite Application, the www.ATSGeosuite.net website or the www.atsps.net server.

Please read this "Agreement" carefully before using our “services” as defined in the definitions section below. This Agreement sets forth the legally binding terms and conditions for your use of our Services as defined in the definitions section below.

By accessing or using any of our services, as defined in the definitions section below, in any manner you agree to be bound by these Terms of Use.

Capitalized terms are defined in this “Agreement” (as defined in the definitions section below).

If you do not agree to any of the terms stipulated in this “Agreement” (as defined in the definitions section below) or any changes to this “Agreement”, you are required to immediately cease using our “services” (as defined in the definitions section below).

This Agreement was last modified on June 22, 2016.

Definitions

The ‘ATS No1 LLC’ Terms of Use, Privacy Policies, Disclaimers and Warranties is referred to as the ("Agreement") in this document.

The terms (“Application”, “app”, “ATSGeoSuite application” “ATSGeoSuite app”) refers to the ATSGeoSuite application which is owned, operated, maintained and commercialised by ‘ATS No1 LLC’.

The term (“website”) refers to the website at www.atsgeosuite.net, which is owned, operated, maintained and commercialised by ‘ATS No1 LLC’.

The term (“server”) refers to the data processing server at www.atsps.net, which is owned, operated, maintained and commercialised by ‘ATS No1 LLC’.

The terms ("us", "we", “ATS”, “Aquatronic Solutions”, “Indemnified Parties” , “Indemnified Party”, or "our") refers to ‘ATS No1 LLC’, its parents, subsidiaries, employees, agents, affiliates, directors, investors, suppliers, contractors, subcontractors, licensors and their officers, trustees or distributors.

The terms (“service”,” services”) represents the collective functionality, features, software, applications, products, data, support and consultation as offered through our Website, Server, Application and direct consultation or support service.

The terms (“user”, “user’s”) or the terms (“you”, “your”, “their”, “them” or “theirs”) is to be considered to be you the “client”, “company”, “corporation”, “government”, “member”, “guest”, “visitor”, “user” or “operator” of our services, including but not limited to your parents, subsidiaries, employees, agents, affiliates, directors, investors, suppliers, contractors, subcontractors, licensors and their officers, trustees or distributors.

The terms (“mobile device”, “smart device”, “mobile smart device”, “telephone”, “tablet”, “devices” or “device”) is a mobile smart device in the form of a telephone, notebook or tablet device running on android which has a GPS sensor, a compass or magnetometer sensor, an accelerometer sensor, a gyroscopic sensor, wireless data 3G or LTE communication capability, WI-Fi connectivity and an external audio output and recording plug.

The term “cable” is an ATS cable used to connect a “device” to the ground in order to record geophysical data.

The term “account” refers to a user ATS held account in which all user related data is stored on the server. The account data controls all aspects of the service provided to the user.

The terms “loss”, “losses”, “damage” or “damages” refers to any and all lost profits, lost savings, lost revenue, business interruption, any personal injury, lost software and data on your computer or device, liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees) or any other financial losses as well as, incidental, indirect, special, consequential, exemplary, or punitive damages, arising from or in connection with your use (or anyone using your account’s) , or inability to use, our application, site, server, your data, service provided data, our services, the use of or content generated by third party software using  our services or data relating to our services, or the breach of this agreement, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if we have been advised of the possibility of such damages. This includes, but is not limited to, any breach or violation of this Agreement by you or anyone utilizing your account.

The term "Free Services" refers to the inclusive renewed zero credit processing credits replenished every day at 12:00 + 2 am GMT on all ATS accounts which are operating within the account licence time limits purchased by the user.

Mobile Device Requirements

The ATSGeoSuite Application has been designed to be used on the following devices only:

The ATSGeoSuite Application is designed to run on the following operating systems

If you choose to install the ATSGeoSuite App on any other device with a make, model or type other than what is specified here, you do so at your own risk.

Should you choose to install the ATSGeoSuite Application on any other device other than the ones listed here, the ATSGeoSuite Application requires the following absolute minimum mobile device hardware and sensor specifications to operate.

Even if the target device has met all of these requirements, the ATSGeoSuite cannot be guaranteed to install or run correctly on the target device.

As the Application must make use of the built in hardware components and sensors within the device, we will not be held liable to you, in any way, for any faulty data collected using your device or the incorrect processing or result of the data resulting from the use of faulty data produced by your device hardware and sensors.

Intellectual Property

Our services and their original content, features, scripts, code, algorithms and functionality are owned by ATS and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Your use of our services do not give you ownership of our intellectual property, nor a right to use our branding and logos.

Limited License

ATS grants you a personal, area restricted, time limited, non-assignable, non-transferable, revocable and non-exclusive license to use, in a manner permitted by this agreement, the services provided to you by ATS. You may not copy, modify, distribute, loan, republish, transfer, transmit, sell, or lease any part of our services, nor may you decompile, reverse engineer, reverse assemble, decipher, decrypt or otherwise attempt to discover any programming code or any source code used in or with our Application, Site or Server, unless New Zealand law prohibit those restrictions.

Taxes

You herby agree to accept full responsibility for all taxes and fees of any nature associated with your use of our services, including any sales tax related to the purchase or sale of your commercial products or services relating to our provided services.  

Termination

We may, at any time and at our own discretion, terminate, modify, refuse or suspend your access or use, partially or entirely, of our services, without notice, which may result in the forfeiture and destruction of all information associated with you. This would only occur in very rare instances, for example, if a user were to misuse our services in violation of this agreement. All provisions of this agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

We may add, change and modify prices for all or part of our services for you or for all our users at any time and at our sole discretion.  All of these changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted.  We further reserve the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by us to be contrary to this agreement.

For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or other users provide when using our services.

Indemnification

You agree to indemnify, hold harmless,  ATS against any damages incurred by you or made against us by you in connection with or related to, your use (or anyone using your account) of the Services, the Site, Server, Application, Service data or the Materials, your Data, or any Commercial Services you offer on or through the use of our Site, Server, Application or using our Services.  This includes, but is not limited to, any breach or violation of this Agreement by you or anyone utilizing your account.  You agree to fully cooperate at your expense as reasonably required by an Indemnified Party.  Each Indemnified Party may, at its election, assume the defence and control of any matter for which it is indemnified hereunder.  You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

Links to Other Sites

Our Site and Application may contain links to third-party sites that are not owned or controlled by us.

ATS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Comments and Feedback

Any questions, comments, suggestions, ideas, feedback, or other information provided by you to us (“Comments”) are not confidential and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as we deem appropriate, for any and all commercial and/or non-commercial purposes, in our sole discretion.

Governing Law

This agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of New Zealand, without giving effect to any principles of conflicts of law.

Limitation of Liability

IN NO EVENT WILL ATS, NOR ITS PARENTS, SUBSIDIARIES, EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, INVESTORS, SUPPLIERS, CONTRACTORS, SUBCONTRACTORS, LICENSORS AND THEIR OFFICERS, TRUSTEES, DISTRIBUTORS OR OTHER ATS CLIENTS OR USERS, BE HELD LIABLE TO YOU, OR ANY OTHER PERSON, FOR ANY LOST PROFITS, LOST SAVINGS, LOST REVENUE, BUSINESS INTERRUPTION, ANY PERSONAL INJURY, LOST SOFTWARE AND DATA ON YOUR COMPUTER OR DEVICE OR ANY OTHER FINANCIAL LOSSES AS WELL AS, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, ARISING FROM OR IN CONNECTION WITH THE USE, OR INABILITY TO USE, OUR APPLICATION, SITE, SERVER, YOUR DATA, OUR SERVICES, THE USE OF OR CONTENT GENERATED BY THIRD PARTY SOFTWARE USING  OUR SERVICES OR DATA RELATING TO OUR SERVICES, OR THE BREACH OF THIS AGREEMENT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF ATS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

Some countries and/or states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. If you intend to operate or use our services within one of these countries or states, you are instructed to immediately cease using the Application, Site and Server and remove the Application from your mobile device. Failure to do so will be a breach of this agreement.

Warranty Disclaimer

The Site, Server, Application and Services and functions are provided “as is”, “as available”, “with all faults” and “with all errors”, without any warranty of any kind.

Neither ATS, nor its employees, trustees, agents, affiliates, directors, investors, suppliers, contractors, subcontractors, licensors and their officers or distributors, make any specific promises about the Site, Server or Application functionality or services, other than what is set out in these terms. We do not make any commitments to the specific function of the Site, Server, Application or Services, their reliability, availability, currency, quality, completeness, usefulness, performance, security, legality, suitability or ability to meet your needs. You expressly agree that your use of the Site, Server or Application and your reliance upon our services and/or the data provide by or produced by the Site, Server or Application is at your sole risk. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose, and non-infringement to the extent permitted by law, we exclude all warranties.

Support

Although ATS endeavours to provide assistance and support for our products to all of our clients, neither ATS, nor its employees, agents, affiliates, directors, investors, suppliers, contractors, licensors, distributors or other ATS clients, are required to provide any support to you regarding the use or misuse of the Site, the Server or the Application. You irrevocably relinquish any and all rights, or perceived entitlement, to request or demand technical, managerial, consultation, financial administrative or legal support from ATS with regards to any of our products, Application, Site, Services or Server.

Renewal of Licenses

ATS reserves the right, at its sole discretion and at any time, to refuse the extension or renewal of any user’s license or account term or duration.

Free Services

ATS provide any and all "Free Services" relating to our Application, Servers, Site and Services at our sole discretion. ATS reserves the right to remove, modify, discontinue, invalidate, amend or change any, and all, of the "Free Services" relating to our Application, Server, Site or Services at our sole discretion, without notification or explanation to any of our users, at any time we choose.

Transfer of Technology Rights

ATS reserves the right, at its sole discretion, at any time and without cause or notice, to transfer our ownership rights of the Site, Server, Services or Application to any company, person or organization we choose, including but not limited to all currently registered users and user accounts active on the ATS Site, Server, Application, Services and Databases (‘stored on the Server’), without penalties. This may happen if ATS is sold, incorporated or transferred to another legal business entity.

Data Usage

The ATS Application, Site, Services, consultations and Server consumes data and bandwidth in order transmit information between the, user, consultant application, server and site. The user is solely responsible to provide and maintain such data communication channels and is required to pay for any and all data and bandwidth consumed by the Services, Consultations, Application, Site and Server in order to, consult with ATS, collect, process, validate geophysical and geographical data on the part of the user and to create, manage, control, modify or validate the user account on the part of the user.

Under no circumstance will ATS be liable to you for or be required to provide or pay for any data communication channel or data or bandwidth to be consumed, or data or bandwidth that has been consumed, by the Consultations with ATS, Services, Application, Site or Server on the part of the user.

Changes to This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site and within updates of the Application. Your continued use of the Services, Site or the Application after any such changes constitutes your acceptance of the new Terms and Conditions.

You and we both understand that sometimes there are issues with email communication.  We are not responsible if any email notice gets caught by your SPAM filter and you do not see it, if you have given us the wrong email address (or failed to update your address) or if there are other communications issues that prevent email from reaching you.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or the Application or discontinue any use of the Site or the Application immediately.

We may also, in the future, offer new services and/or features through Site (including the release of Application and Server Updates). For the avoidance of doubt, such new features and/or services shall be subject to the terms and conditions of this Agreement.

For the sake of clarity, the agreement stipulated on the Site is the most up to date and valid version of the agreement between the user and ATS. At all times the agreement on the site supersedes the agreement on the Application and is to be considered by you the user and ATS to be the legally binding agreement between both parties according to New Zealand law.

Application Specific Terms of Use

It is the sole responsibility of the user to ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date.

The user, accepts and understands that the ATS Application is a geophysical technology that does not, in any way, absolutely define the geological, geophysical and or geo-hydrological parameters for any locations surveyed using the Services, Application or Server.

The user, accepts and understands that ATS does not guarantee, in any way, the quality, accuracy, repeatability, validity, reliability or acceptability of any of the data collected by the user using the Application or the resultant data processed by the Services or Server, and will not accept, or be liable for, any claim of damages on the part of the user and their associates, subsidiaries, contractors, consultants, employees or investors.

The user, accepts and understands that ATS does not guarantee, in any way, the quality, accuracy, validity, reliability, repeatability or acceptability of any of the interpretations of the data produced by or presented in the Consultation reports, Services, Application or server by, ATS, its employees, agents, affiliates, directors, investors, suppliers, contractors, licensors or distributors.

The user, accepts and understands that ATS is not responsible or liable for illegitimate use of the ATS Application and that it is the sole responsibility of the user to protect and secure the users personal information, passwords and account details from persons which may abuse the user ATS account.

The user, accepts and understands that ATS is not responsible for and will not be held liable for any loss of data or information not related to the Application on the user mobile device through the use of the Application or hardware.

The user, accepts and understands that ATS is not responsible for and will not be held liable for any financial or physical losses, damages, injuries or claims incurred or made by any persons, companies, organizations or institutions who uses the information produced by the Application.

The user, agrees and accepts that the ATS GeoSuite Application has been designed and tested on specific smartphone devices as discussed on the Site and that the ATS GeoSuite Application should not be used on devises not approved by Aquatronic Solutions.

The user, agrees and accepts that the ATS GeoSuite Application relies on third party hardware found on the user mobile devise the Application is installed on. As such, the user agrees and accepts that the accuracy, functionality or correctness of any data generated by such third party hardware is not the responsibility of ATS and that ATS will not be held liable for, any claim of damages due to inaccurate data provided by said third party hardware, or otherwise, on the part of the client and their associates, subsidiaries, contractors, consultants, employees or investors.

The user, accepts and understands that ATS is not responsible for and will not be held liable for any claim of financial losses due to damage to the user mobile devise, or any other hardware or software, through the use or operation of the Application, or otherwise, on the part of the client and their associates, subsidiaries, contractors, consultants, employees or investors.

The user, accepts and understands that ATS is not responsible for the protection or security of the clients Data stored on the user mobile device and that ATS will not be held liable for any claim of financial losses due to the loss of any user, on device, point or project data or user personal information through whatever means, or otherwise, on the part of the client and their associates, subsidiaries, contractors, consultants, employees or investors.

The user, accepts and agrees that they will fully comply to the operational health and safety laws of the country or state that they are using or operating the Application in when using the Application to collect geophysical data in such country or state.

The user, accepts and agrees that ATS will not be held liable for any claim of financial losses or criminal charges due to injuries or death of the user, its employees, contractors, associates or any other parties involved in the use of the ATS Application, or otherwise, on the part of the client and their associates, subsidiaries, contractors, consultants, employees or investors.

The user, accept and agree that any purchases made on the ATS Application are non-refundable under any circumstance.

The user, accept and agree that ATS can at any time, and without notice, immediately delete the user account if it is found that I the user is not strictly adhering to the operational health and safety laws, of the country within which the application is being used, relating to the use of the Application or the collection of geophysical data using the Application.

Installing the Application

ATS provides the Application Installation files to the user via the Site or via an email embedded link to the application install file which is sent to the user by an ATS represented. No other form of application install link is authorized by ATS.

The ATS Application is installed via “side loading” of the “ATS.apk” installation file only, and cannot be installed via the Google play Store.

Side loading of the installation file requires that the android device on which the application is being installed security be set to allow installation of applications from unknown sources. This security change to the user device, required to load the ATS application, is done at the users own risk.

Should the user choose to install the application on any given user mobile device, the user is required to ensure the user mobile device on which the Application is to be installed is supported by the Application, before installing the application, by visiting and reviewing the Site information regarding device compatibility or by contacting ATS at info@aquatronic.net.

ATS does not guaranty, under any circumstances, that the application will correctly function during or after installation of the application on the user device or during operation of the application or server on the user device.

The installation and operation of the ATS application is, completely and entirely, at the user’s own risk. In no event will ATS, nor its parents, subsidiaries, employees, agents, affiliates, directors, investors, suppliers, contractors, subcontractors, licensors and their officers, trustees, distributors or other ATS clients or users, be held liable to you, or any other person, for any lost profits, lost savings, lost revenue, business interruption, any personal injury, lost software and data on your computer or device or any other financial losses as well as, incidental, indirect, special, consequential, exemplary, or punitive damages, arising from or in connection with, the installation, failed installation or erroneous operation of the Application, Server or Services of any kind.

Creating an Account and Registering a Device

When the user chooses to create a new ATS account, the user must install the Application onto an approved user mobile device then use the User Login functions to create the account.

A new ATS account will allow the user to register one device to the account and will contain no credits and zero days on the account license. This will have to be purchased by the user at a later stage.

A user is explicitly required to use and operate the Application within the country that the ATS account is registered in. Any violation of this term of use will result in immediate cancellation of the user account, regardless of the credits or account license time left on the account. ATS will not refund the violating user for the credits purchased on the account and may pursue legal action against the user at our discretion.

Once the user has created a new ATS account and has successfully registered the user mobile device to that account, the user may use all the functions on the Application with the exception of processing data on the user mobile device. To enable the data processing functions in the Application the user must make at least one credit purchase transaction purchase per 365-day cycle. A single credit purchase transaction requires a minimum purchase of 20 credits or more. When a credit purchase transaction is made, the user account will be credited by the number of credits purchased and the current license term will be extended to a maximum of 365 days regardless of the number of license days currently on the account.

The time left on the user account license will be decrease by one day at 12:00 + 2 am GMT regardless of the country or time the account was created.

If the time on a user account license expires, the user will no longer be able to process data until another credit purchase is made, at which point the user account term will be extended to 365 days. The credits currently on the ATS user account will not expire if the account license term expires, they will simply become inaccessible until the use makes another credit purchase.

An ATS account is free to create, however, there are limitations in certain situation where an ATS account cannot be created. These include but are not limited to, a situation where another user has already purchased the exclusive rights to operate the ATS technology and Application within a given country. In this case, ATS will not be able to create a user account in the given country until the exclusive rights have expired.

If you already have an ATS account in a country where exclusive right has been purchased, ATS will allow the user to use the credits available on the user account, however, the user will not be able to purchase any additional credits or extend the term of the current account license. The user account will expire after the user current license term has expired.

ATS will not under any circumstances, refund a user for credits purchased by the user, should the user not be satisfied with the Application for whatever reason.

Collecting Data

If the user has created an active account and has activated the user mobile device to operate on that account, then data can be freely collected by the user on the device using the Application at any time.

Data can only be collected by the user in the country in which the user account is registered for use.

ATS provides detailed information on the Site to construct the cable necessary to collect data using the Application.

ATS is in no way required or obligated to supply the user with a cable or any other hardware in order to collect data.

User collected data is stored on the mobile device that it is collected on by the user. ATS does not store or backup user data on the server. As such, ATS, nor its employees, agents, affiliates, directors, investors, suppliers, contractors, licensors, distributors or other ATS clients be liable to you for any lost profits, lost savings, lost revenue, lost data, any other financial losses or incidental, indirect, special, consequential, exemplary, or punitive damages, arising out of the loss, modification, corruption or missuses, or otherwise, of the user data stored on the user device.

The mobile device that the user operated the Application on is no the property or responsibility of ATS. As such, ATS, nor its employees, agents, affiliates, directors, investors, suppliers, contractors, licensors, distributors or other ATS clients be liable to you for any lost profits, lost savings, lost revenue, lost data, any other financial losses or incidental, indirect, special, consequential, exemplary, or punitive damages, arising out of the loss, damage, repair, modification, corruption or missuses, or otherwise, of the user mobile device or user cable.

ATS, nor its employees, agents, affiliates, directors, investors, suppliers, contractors, licensors, distributors or other ATS clients be liable to you for any replacement, reimbursement, repair of the user mobile device on which the Application is installed or operated or user cable, under any circumstances.

The user, it’s contractors, affiliates, operators, clients and other are legally obliged to use full personal protection equipment at all times when using the Application to collect geophysical data. This includes, but is not limited to, hard hats, protective eye wear, ear protection, gloves, safety boots, and protective high visibility clothing.

The user, it’s contractors, affiliates, operators, clients and other are legally obliged to be fully qualified and certified to operate any equipment involved in the collection of geophysical data using the Application.

The user, it’s contractors, affiliates, operators, clients and other are legally obliged to visibly demarcate and maintain a hazardous working area around the survey area in which data is being collected using the Application and to explicitly keep any un-authorized or untrained personal outside of this area at all times.

The user, it’s contractors, affiliates, operators, clients and other are legally obliged to be of an age of 18 years or older to collect geophysical data using the Application.

The user, it’s contractors, affiliates, operators, clients and other are legally obliged to have any and all necessary medical supplies and first aid trained personal on site, at all times, when collecting geophysical data using the Application.

The user, it’s contractors, affiliates, operators, clients and other are legally obliged to fully abide by the operational health and safety laws enforced in the country or state where geophysical data is collected using the Application, at all times.

ATS does not guaranty the validity, accuracy, usefulness, correctness, applicability or other of the data collected by the Application under any circumstances. As such, ATS, nor its employees, agents, affiliates, directors, investors, suppliers, contractors, licensors, distributors or other ATS clients be liable to you for any lost profits, lost savings, lost revenue, lost data, any other financial losses or incidental, indirect, special, consequential, exemplary, or punitive damages, arising out of the use of the geophysical and geographical data collected by the user it’s contractors, affiliates, operators, clients and other using the Application.

Processing of Data

Processing of the data is not mandatory and it is entirely at the user discretion which data sets collected using the Application should be processed.

Data can only be processed, if that data was collected within the country the user is registered to operate.

Processed and unprocessed data sets can exist within a user project in the Application at the same time.

The user may process the data collected by the Application at any time provided the user account is active, the user mobile device has been activated for use on the user account and the account has available time and enough credits available to process the data.

If the user account has no available time left on the operational license, not data can be processed by the user until the user account has been credited with time.

The application provides the user with five tiers of processing levels.

The first processing tier will allow the user to process data collected on the device to a time of ten milliseconds. This tier is free of charge and no paid for credits will be deducted from the users account to process the data at a given location. Instead, when using this tier, a free services credit will be deducted from the user account. A maximum of 10 free services credits can be used per day that an active licence is held by the client on the server. If the user account is active, or within its purchased licence operational time limit, these free service credits will be renewed to 10 points per account at 12:00 + 2 am GMT regardless of in which country the account was created or the service is used.

The second processing tier will allow the user to process data collected on the device to a time of 25 milliseconds. This tier is charged at one paid for credit per data location and one credit will be deducted from the users account to process the data at the given location.

The third processing tier will allow the user to process data collected on the device to a time of 50 milliseconds. This tier is charged at two paid for credits per data location and two credits will be deducted from the users account to process the data at the given location.

The fourth processing tier will allow the user to process data collected on the device to a time of 75 milliseconds. This tier is charged at three paid for credits per data location and three credits will be deducted from the users account to process the data at the given location.

The fifth processing tier will allow the user to process data collected on the device to a time of 100 milliseconds. This tier is charged at four paid for credits per data location and four credits will be deducted from the users account to process the data at the given location.

If ATS determines that the user is abusing the use of the first tier processing option provided by ATS, free of charge, that user account may be restricted by ATS to limit the user to a maximum number of free tier one processes, within a given time, determined at our discretion.

If the user chooses to re-process the data of any given project or point the exists on the Application or user mobile device, the user account will be credited again according to the processing tier used.

Any previously processed data will be overwritten by the reprocessed data and lost forever. If the user wishes to avoid this, the user may backup the mobile device Application data or project data before re-processing the data. This is solely the user’s responsibility and is done at the user’s discretion.

Project data on one user mobile device may be transferred to another user mobile device through the use of the Application project save and open functions. This data may processed on the second user mobile device if and only if the data collected and transferred from the originating device was collected within the country that the second device user account is registered in.

ATS does not guaranty the validity, accuracy, usefulness, correctness, applicability or other of the data processed by the Server through the Application or other under any circumstances. As such, ATS, nor its employees, agents, affiliates, directors, investors, suppliers, contractors, licensors, distributors or other ATS clients will be held liable to you for any damages to you incurred through your use of our services.

In-app purchase

The application makes use of a third party in-app purchase portal to provide the user with the function to purchase ATS credits within the Application. This in-app purchase portal is provided by PayPal, and its use is subject to PayPal terms of use. As such, ATS, nor its employees, agents, affiliates, directors, investors, suppliers, contractors, licensors, distributors or other ATS clients be liable to you for any lost profits, lost savings, lost revenue, lost data, any other financial losses or incidental, indirect, special, consequential, exemplary, or punitive damages, arising out of your use of the PayPal in-app purchase portal accessible within the ATS Application when using it to purchase ATS credits, or otherwise.

ATS, nor its employees, agents, affiliates, directors, investors, suppliers, contractors, licensors, distributors or other ATS clients be liable to you for any lost profits, lost savings, lost revenue, lost data, any other financial losses or incidental, indirect, special, consequential, exemplary, or punitive damages, arising out of the loss of your PayPal personal information, PayPal  usernames, PayPal passwords, PayPal account details or PayPal payment details, due to user mobile device security breaches, misuse, negligence, or otherwise, on the part of the client and their associates, subsidiaries, contractors, consultants, employees or investors through your use of the PayPal in-app purchase portal accessible within the ATS Application when using it to purchase ATS credits, or otherwise.

Credits purchased by the user from ATS are non-refundable under any circumstances.

ATS cannot guarantee the availability, reliability, effectiveness or usability of the PayPal in-app purchase portal provided within the Application, as ATS is not responsible for the PayPal in-app purchase portal and is not permitted or capable of making changes to it.

Any successful or unsuccessful transaction made through the PayPal in-app purchase portal made within the ATS Application is not, under any circumstances, confirmed, reported, managed, consulted on or disputed by ATS. Any PayPal transaction inquires related to the ATS application in-app purchase portal by the user must be directed to the PayPal customer service centre.

Under no circumstances may ATS, nor its employees, agents, affiliates, directors, investors, suppliers, contractors, licensors or distributors discuss the user transactions involving PayPal with the user, other than whether the transaction was successfully received by ATS and loaded into the ATS Server.

ATS, nor its employees, agents, affiliates, directors, investors, suppliers, contractors, licensors or distributors will not, under any circumstance, ask the user for their personal PayPal information or PayPal account login details. This term is in place to protect the user security. If an ATS, employee, agent, affiliate, director, investor, supplier, contractor, licensor or distributor does ask the user for PayPal personal, account or login details at any time, the user is instructed to immediately terminate the discussion and contact ATS at info@aquatronic.net detailing the persons involved in the discussion and the details of the discussion itself. This will allow ATS to deal with the problem in an expedient manner.

If the user chooses to supply the ATS, employee, agent, affiliate, director, investor, supplier, contractor, licensor or distributor with PayPal personal information, PayPal account or PayPal login details, then ATS, nor its employees, agents, affiliates, directors, investors, suppliers, contractors, licensors, distributors or other ATS clients be liable to you for any lost profits, lost savings, lost revenue, lost data, any other financial losses or incidental, indirect, special, consequential, exemplary, or punitive damages, arising out of the user choice to share this PayPal information as this act will be considered, by ATS, to be a breach in security on the part of the user.

An absolute minimum of 20 credits per transaction can be purchased from ATS using the PayPal in-app purchase portal.

Tokens

ATS can produce tokens that may be loaded onto the user account through the Application Token load function to credit the user account with credits, time and rights amongst others.

Tokens can only be purchase directly from ATS and cannot be purchased through the in-app purchase portal with the Application.

If the user purchases an ATS account token, the user will receive that token directly from an ATS represented via the user ATS account email address.

The token provided does not expire until the user loads the token onto the user account via the Application Token Load function.

If the user losses, misplaces, incorrectly loads the token or loads the token onto the incorrect account. ATS will not refund, reset or re-issue the user token or be required to correct, modify, or change the account to which the token has been loaded.

Once issued to the user via email, the security of the token is the responsibility of the user the token was issued to. If the user token is stolen, lost or used in a manner that the token was not intended for, ATS, nor its employees, agents, affiliates, directors, investors, suppliers, contractors, subcontractors, licensors and their officers, distributors or other ATS clients or users be liable to you for any lost profits, lost savings, lost revenue, lost data, any other financial losses or incidental, indirect, special, consequential, exemplary, or punitive damages, arising out of the theft, misplacement or missuses of the token supplied by ATS to the user.

Once used, the token can never be used again by any user.

Consultation

By using the ATS Services, Application, Site or Server, the client is at no point entitled to, nor is ATS its employees, agents, affiliates, directors, investors, suppliers, contractors, licensors, distributors or other ATS clients, required to provide the user with consultation services regarding the Application, the data collected by the Application or the data processed by the Server unless previously agreed in writing by ATS.

Any user consultation service, relating to user inquiries about the ATS Application or the user collected data or the user processed data, provided by ATS will be done at an pre-agreed and pre-defined cost on a consultation by consultation basis.

Application Updates

ATS is not required to provide any user with any Application updates at any time or under any circumstances. If ATS chooses to release an Application update, all users will be contacted directly via the ATS account email address of each user to inform them of the access link to the Application Update.

IF the user installs ATS application updates originating from locations other than the access link provided to the user by email, they do so at their own risk.

If the user chooses to install the update onto the user mobile device, then the user does so at their own risk. ATS, nor its employees, agents, affiliates, directors, investors, suppliers, contractors, licensors, distributors or other ATS clients or users be liable to you for any lost profits, lost savings, lost revenue, lost data, any other financial losses or incidental, indirect, special, consequential, exemplary, or punitive damages, arising out of loss of data, user account details, personal information or existing geophysical or geographical data on the device as well as any and all damage to the users mobile device or loss of functionality of the Application or user account access, caused by installing the Application update.

If the user chooses not to install the update onto the user mobile device, then the user does so at their own risk. ATS, nor its employees, agents, affiliates, directors, investors, suppliers, contractors, licensors, distributors or other ATS clients or users be liable to you for any lost profits, lost savings, lost revenue, lost data, any other financial losses or incidental, indirect, special, consequential, exemplary, or punitive damages, arising out of loss of data, user account details, personal information or existing geophysical or geographical data on the device as well as any and all damage to the users mobile device or loss of functionality of the Application or user account access, caused by not installing the Application update.

Should an application update be made available, the user is required to ensure the user mobile device on which the Application is to be installed is supported by the Application before installing the application by visiting and reviewing the Site information regarding device compatibility.

Server Updates and Servicing

ATS may periodically choose to update or service the processing server. If such an update or service is required, ATS will inform all users via email notification within, no less than, 7 days that such an update or service will occur. The users will be informed as to the nature and expected duration of the server update or service.

ATS reserves the right to extend the time the server is offline in order to complete the server update or service, as required or deemed necessary by ATS technical staff, without user notification.

Server Up-time

As the ATS Application to Server connectivity is controlled by internet service providers that we have no control over and communication channels we cannot control, ATS does not, under any circumstances guaranty server up time or Application to server connectivity. As such ATS, nor its employees, agents, affiliates, directors, investors, suppliers, contractors, licensors, distributors or other ATS clients will be liable to you for any lost profits, lost savings, lost revenue, lost data, any other financial losses or incidental, indirect, special, consequential, exemplary, or punitive damages, arising out of loss of connectivity between the Application and the server.

Website Terms of Use

This web page represents a legal document that serves as our Terms of Use and it governs the legal terms of our website, http://www.ATSGeoSuite.net/ and sub-domains (collectively. “Website”), http://www.atsps.net/ and sub-domains (collectively. “Server”) and our associated mobile application, ATS GeoSuite (the Application), as owned and operated by ATS.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website and Application, collectively "Legal Terms", constitute the entire and only agreement between you and ATS, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website and within our Application, and you should review all Legal Terms prior to using our Website or using our Application. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website or Application and do not accept our Legal Terms, you should immediately discontinue use of our Website, Server and Application.

The last update to our Terms of Use was posted on 22 June 2016.

Definitions

The terms "us" or “ATS” or "we" or "our" refers to ATS, the owner of the Website and Application.

A "Visitor" is someone who merely browses our Website, but has not registered as Member.

A "Member" is an individual that has registered with us to use our Service.

Our "Service" represents the collective functionality and features as offered through our Website, Server and Application to our Members.

A "User" is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. ATS reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to cancelling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Misuse

Do not misuse our Services, by spamming users, creating false accounts, trying to access our services using a method other than the site or Application programming interface, or otherwise interfering with our Services.

Safety

Do not use our Website, Server or Application to create content that is hate speech, threatening, pornographic, inciting violence, or containing nudity or graphic violence.

Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website, Server or Application does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website, Server and Application are also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website, Server or Application does not grant you ownership rights of any kind in our Website, Server or Application.

Links to Other Websites

Our Website, Server or Application may contain links to third-party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third-party websites. The inclusion of links within our Website or Application does not constitute any endorsement, guarantee, warranty, or recommendation of such third-party websites. ATS has no control over the legal documents and privacy practices of third-party websites; as such, you access any such third-party websites at your own risk.

General Terms

Our Legal Terms shall be treated as though it were executed and performed in New Zealand, and shall be governed by and construed in accordance with the laws of New Zealand, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, Server or Application, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website, Server or Application conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of ATS under our Legal Terms shall survive the termination of our Legal Terms.

ATS Privacy Policy

This Privacy Policy was last modified on June 22, 2016.

ATS ("us", "we", or "our") operates http://www.ATSGeoSuite.net/ (the "Site"),  http://www.atsps.net/ (the "Server") and the ATS GeoSuite Application (the "Application"). This page informs you of our policies regarding the collection, use, and disclosure of Personal Information we receive from users of the Site and Application.

We use your Personal Information only for providing Application, Site and Server services to the user and improving the Site, Server or Application services. By using the Site, Server or Application, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at http://www.ATSGeoSuite.net/.

Information Collection and Use

While using our Site, Server or Application, 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, your name, company name, country of Application registration, location and email address ("Personal Information"). This data will never be sold to third-party vendors. We may send you service announcements, administrative messages, and other information in connection with your use of our Services. These communications will only be sent to users who have not opted out of these updates, unless the information that needs to be communicated is considered by ATS to be of vital importance to the correct and continued functioning of the user installed Application, Server or provided Services. When a user invites a participant to a project or assignment, ATS will only use that email address as directed by the user (i.e., to invite a participant to join a project); however, invitees may choose to register with ATS themselves. All personal information is stored on servers located in South Africa.

Log Data

Like many site operators, we collect information that your browser sends whenever you visit our Site, Server or Application ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics. We use this information to provide, monitor, and improve our services.

Device Data

ATS may collect data from the device you use to access and provide our Services through the Site, Server or Application, including IP address, GPS location and browser type. Based on IP addresses and GPS co-ordinates, we will collect geographic location of users, when and only for the purpose of providing the user with services through the Application and Server when the user chooses to process collected Application data or register or login to user accounts. We use this information to provide, monitor, and improve our services and to monitor and enforce the terms of use relating to the area of operation within which the user is licenced to operate our application, site or server.

Referral Data

ATS records information on how you arrived at our Site, if you linked to it from an external source, such as an email or website. We use this information to provide, monitor, and improve our marketing.

Cookies

Cookies are files with small amounts of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your computer's hard drive.

Like many sites, we use "cookies" to collect information. 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 portions of our Site.

Data Collection by User

When you or your respondents upload data to ATS, you give ATS GeoSuite and the companies we work with, a worldwide license to host, store, and process your data. All geographical, geophysical, personal and time of collection data that you collect using the Application, Server or Websites “Paid for” Services is owned by you. All data that you process using the “paid for” ATS services is stored securely by ATS in the Cloud and will not be used, modified, or sold to third parties. ATS will not, under any circumstance, use any of the data, you the user have “paid for” to process, using the Application or Server, for our own purposes. All personal information and user data collected using the Application is stored on servers located in South Africa.

If and when the User makes use of any of the “free”, that is “not paid for” or specifically the “Tier one” data processing Services provided on our Application or Server, to process data collected at any given location at any given time, ATS reserves the right to use, copy, sell and distribute the geographical location of the collected data, all geophysical data collected and time of collection data, collected by the user at the given location, at our discretion. This term explicitly excludes any Personal Information regarding the user who collected the data, which will remain subject to the privacy terms of this agreement at all times. This term is only subject to the use of our free services, provided by the Application or Server, and does not apply to any data collected and processed when the user has paid for the collection and processing of the data.

Effectively this means that any user data processed by the user for free using our services belongs to us.

Re marketing with Google Analytics

The ATS website, Server and Application is advertised by third-party vendors, including Google, on websites across the Internet. These vendors use cookies to serve ads based on a user’s past visits to our website. ATS uses Re marketing with Google Analytics to advertise on third party sites to individuals who have previously visited our Site and similar audiences. Users can opt out of Google’s use of cookies by visiting Google’s Ad Settings at http://www.google.net/settings/ads

Security

The security of your Personal Information is important to us, but the user accepts 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 Information, we cannot guarantee its absolute security. You may open an ATS account in order to use the Application and Server, however, it is the users responsibility to keep the password to this account confidential and not to use it on third party accounts.

ATS makes use of secure SSL TLS_ECDHE_RSA_WITH_AES_128_GCM_SHA256 encryption certificates using 128 bit keys and TLS1.2, provided by GeoTrust Inc. to encrypt all communication between the Application and Server.

The user personal data is also stored on the user personal mobile phone device within encrypted files. It is the responsibility of the user to ensure and maintain the security of the personal information and data stored on the user mobile device on which our Application is installed or operated.

In no event will ATS, nor its employees, agents, affiliates, directors, investors, suppliers, contractors, licensors, distributors or other ATS clients be liable to you for any lost profits, lost savings, lost revenue, lost data, any other financial losses or incidental, indirect, special, consequential, exemplary, or punitive damages, arising from loss of personal information due to security breaches, on or relating to, the user mobile device on which our Application is installed or operated, even if advised of the possibility of such damages.

Links To Other Sites

Our Site, Server or Application may contain links to other sites 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.

ATS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services.

Compliance with Laws

ATS will disclose your Personal Information where required to do so by law. ATS reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to cancelling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Changes To This Privacy Policy

ATS GeoSuite may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on the Site. You are advised to review this Privacy Policy periodically for any changes.

Contact Us

If you have any questions about this Privacy Policy, please contact us at info@aquatronic.net.