Terms and conditions

These Terms and Conditions refer to the general conditions of contracting and use (hereinafter, “General Conditions”, “Conditions” or the “Terms and Conditions”) of the service provided by Fragua American, LLC and their affiliated companies or entities with registered address at 175 SW 7th Street, Suite 1503, Latitude One Building, 33130, Miami, Florida (hereinafter “FSA” or “We”), through the real estate, economic and social data analysis software application called “Fragua” (hereinafter, the “Service(s)”, the “Software” or “Fragua”), and regulate the commercial relationship between FSA and the clients who decide to contract the Fragua Service, as well as the conditions of use of the Services applicable to both them and the authorized users that they determine as established herein.

It is important that You (hereinafter, “Client”, “You”, “Your” or “User”) carefully read these Terms and Conditions before using the Service, since You will be legally bound by the conditions set forth herein if You contract and/or use the “Fragua” Service in any of its modalities.

Your Subscription (defined below), access and/or use of the Service necessarily implies acceptance and compliance with these Conditions, which will apply to You and all authorized users to whom You allow access to the Service, as provided in these General Conditions, all of whom assume the legal consequences and other responsibilities that this entails.

If You do not agree with these Terms and Conditions or any modifications thereof, You must immediately cease using the Service and/or unsubscribe by the means provided by FSA for these purposes in the Service on the platform, if applicable, or via email at ab@atlas-reanalytics.com. If You have any questions about the Terms and Conditions set forth herein and/or the Service, please send us an email to ab@atlas-reanalytics.com. You shall not contract and/or use the Service until Your questions have been satisfactorily answered and You agree to strictly abide by each and every one of the points of these Terms and Conditions.

In the event that You access or use the Services and/or continue to access or use the Services after having been notified of a change in these Conditions, You confirm that You have read, understood and agree to be bound by the new General Conditions without reservation and assume compliance with them, unless You have communicated Your wish to cancel Your Subscription to the Service as provided in these Terms and Conditions below.

• SERVICE DESCRIPTION

The “Fragua” software application consists of a web-based platform for analyzing real estate, economic, and social data from various public and private sources. This software, which includes the web-based platform, the analysis algorithms used, the data representation, the database, and the data collection algorithms, among other elements, has been developed and/or licensed by FSA and is its property.

The Software is offered in different Subscription options, the prices and features available to Customers of each of which vary. You can consult the different Subscription options here. All Subscription types will be governed by these General Conditions, without prejudice to the fact that each Subscription type includes the features detailed in the specific conditions applicable to each of them, which will be communicated at the time of contracting and will remain accessible and updated in this section. Please note that these features may be subject to modifications due to the evolution of the service, as specified in these Terms and Conditions.

• SUBSCRIPTION CONDITIONS

By registering on the Service website, making the corresponding payment and accepting these Terms and Conditions, You are contracting with FSA, and FSA grants You a subscription to the Fragua service, in the subscription mode chosen by You during the registration process (the “Subscription”), as provided in these Conditions.

This Subscription will include, for the period of time that this Subscription remains in force, a license to use the “Fragua” Service in the Subscription mode chosen by You, support service and technical support for the use of Fragua, at the times and by the means indicated on the service’s own website in the Support section and, eventually, may include training for updates implemented in the Service, during the duration of Your Subscription, in those cases that FSA organizes and offers to its Clients and authorized users expressly.

The user license granted with Your Subscription allows simultaneous access for up to a maximum of three (3) users (the Client, plus a maximum of two users authorized by the Client), each with one (1) different email account. These email accounts will be provided by the Client to FSA during the Subscription process, after completing all the registration steps required on the Service’s Website, once FSA has confirmed payment for the Subscription to the Service and has accepted these Terms and Conditions and the Privacy Policy.

• SUBSCRIPTION DURATION

The Subscription contracting option consists of making the Services available to the Client for the period communicated during the registration and contracting process. The default Subscription will be established for the period communicated at the time of Subscription, without prejudice to any applicable Promotions. It will be automatically extended for successive periods equivalent to the one initially established, consecutively and without prior notice from FSA to the Client before each renewal, unless the Client requests non-renewal of the Subscription prior to the renewal fee being charged, according to the billing cycles detailed later in these Terms.

• OFFERS, PROMOTIONS AND TRIAL PERIODS

FSA may offer specific offers, promotions and/or trial periods (hereinafter the “Promotion(s)”) to Clients or potential clients when it so decides, for the Subscription and/or access to the Service.

In cases where the Service is marketed through Promotions, use of the Service will be governed by these General Conditions in their entirety, except for the economic conditions, which will be replaced by the specific conditions established for each case, during the period and under the conditions defined in each “Promotion.”

• PAYMENT OF YOUR SUBSCRIPTION

FSA will charge the price corresponding to Your Subscription modality, in advance, on a recurring and periodic basis, according to the terms corresponding to Your contract modality (“Billing Cycle”).

At the end of each Billing Cycle, Your Subscription will automatically renew under the same conditions as the previous Billing Cycle, with the exception of any applicable Promotions, unless You or the Company decide to cancel Your Subscription in advance as provided in these Terms and Conditions, or in the event of a price update according to the process reflected in these Terms and Conditions. You may cancel the renewal of Your Subscription at any time by sending an email to welcome@atlas-reanalytics.com , duly proving Your identity and requesting cancellation, or through the corresponding section of Your user panel once this feature is enabled. FSA may request the necessary information to verify that such request is indeed Yours. If Your request has been submitted correctly, the cancellation will become effective at the end of the last Billing Cycle for which You have paid.

You must make payments for Your Subscription through the FSA-authorized third-party payment platform (“Payment Platform”), and You agree to provide a valid payment method, according to the options provided by such Payment Platform, that allows for the processing of payment for Your Subscription on a recurring basis throughout Your Subscription term. You must provide the Payment Platform with accurate and complete billing information, including any information requested by the Payment Platform.

By doing this, You authorize the Payment Platform to charge successive Subscription fees for the duration of Your Subscription, using the payment methods You have selected. Subscription charges will be charged on the last day of the previous Subscription period for renewals. Payments made will be non-refundable if You have received access to the Service, subject to applicable legal provisions.

You agree to be responsible for and pay all taxes associated with Your use of the Service, including any applicable withholding tax, and any transaction and/or currency conversion fees imposed by Your financial institution and/or other intermediaries, if applicable. All Subscription amounts are expressed in US dollars. 

You will be responsible for any fees and taxes associated with third-party internet access required for Your use of the Service. Please check with Your internet service provider to determine if any additional data usage charges apply.

• AUTHORIZED USERS

Once You have formalized Your Subscription to the Service, You will have the option to add up to a maximum of two (2) authorized user profiles to Your account (the “Authorized Users”).

FSA reserves the right to limit the maximum number of Authorized Users that You may add and/or that may use the Platform at the same time.

For Clients who are legal entities, Authorized Users may only be employees of the same company. Individual Clients may only add family members as Authorized Users.

Your Service Subscription account will serve as the primary account for Your Subscription (“Primary Account”), while the access rights of Your Authorized Users will depend on the existence and renewal of Your Subscription. Upon termination of Your Subscription and/or cancellation for any reason, the Authorized User accounts will automatically become inactive, and their access rights will be revoked.

You will be jointly and severally liable to FSA for the use of the Service by Authorized Users linked to Your Primary Account. Authorized Users will also be responsible for their own acts or omissions related to their use of the Service, with the exception of payment of the Subscription fee.

You may revoke the access permission to the Service of Your Authorized Users at any time, by sending an email to the address welcome@atlas-reanalytics.com duly proving Your identity and requesting the revocation of the permissions of Your Authorized Users, or through the corresponding section in Your user panel as soon as this functionality is enabled, and assign a new user, if You wish by these same means, up to a maximum of a total of (2) two Authorized Users.

Authorized Users must have previously authorized the Client to provide their email to FSA, with the Client being solely responsible for ensuring this to FSA and assuming full liability in the event of non-compliance with this obligation, holding FSA harmless.

Authorized Users will receive an email informing them that the Client has designated them as Authorized Users of its Subscription and, by accepting and activating their account following the process indicated in that email, they agree to comply with each and every one of the Terms and Conditions included herein, with the exception of the payment of the Subscription fee, which will be the responsibility of the Client, as the holder of the “Primary Account.” Authorized Users acknowledge and agree that the Client will have the right at all times to revoke their access permissions and/or cancel their account at its discretion, without prior notice.

FSA reserves the right to cancel any Authorized User’s access account and/or the Primary Account associated with them, in the event of non-compliance with these Terms and Conditions by either Customers or Authorized Users.

• MODIFICATION OF TERMS AND CONDITIONS

FSA reserves the right to modify these Fragua Terms and Conditions. If such modification is deemed material, FSA will notify Clients via email fourteen (14) days prior to implementing it . Each modification (substantial or not) will be published at least through the Service website by updating these Terms and Conditions, while prior notification will only be made if said modification is substantial and has a material effect on Clients’ use of the Service. All such modifications apply to all use of the Service website thereafter. Use of the Service by Clients after such modifications have been notified by email or published through the Platform, depending on the relevance of the modifications, and failure to object to the new Terms and Conditions within fourteen (14) days of the aforementioned modification will imply recognition and full acceptance of the modified Terms and Conditions, and You will be bound by such Terms and Conditions. Please review them regularly.

• MODIFICATION OF SUBSCRIPTION CONDITIONS

Due to the constant development and evolution of the Service, FSA reserves the right to modify the conditions and/or functionalities of each of the Service Subscription modalities at any time, which will be notified to You via email at least thirty (30) days in advance of the effective date on which such modifications are planned to be applied.

FSA reserves the right to change the prices of its various Subscriptions. In the event of a rate change, such change will be notified thirty (30) days in advance of the price change affecting Your Subscription, by email to the email address registered in Your account and will be applied to the next Billing Cycle for which You are due to pay. If You do not wish to accept the price change for Your Subscription, You may cancel Your Subscription in accordance with the instructions included in these Terms and Conditions, which may be recalled in such email. Cancellation will take effect at the end of the current Billing Cycle, or the promotional period agreed to in the terms of Your Promotion, if applicable.

If You do not cancel Your Subscription once the price change takes effect or and before Your new Billing Cycle begins, You authorize FSA to renew Your Subscription in the next Billing Cycle at the price in effect at the time of each new Billing Cycle.

• RIGHT OF WITHDRAWAL AND CANCELLATION OF SERVICES

If provided for under applicable law, the Customer shall have fourteen days (14) after the initial purchase of the software (“Initial Cycle”) to withdraw from the Subscription of Services or specific Special Promotions. This right shall not apply to subsequent renewals of their Subscription; it shall only apply to their Initial Cycle.

Notwithstanding the foregoing, You will lose this right of withdrawal if You begin using the Service. In such event, You acknowledge and accept that with such use, You lose Your right of withdrawal.

Such withdrawal must be requested by You by sending an unequivocal statement to the postal address 175 SW 7th Street, Suite 1503, Latitude One Building, 33130, Miami, Florida or by email to welcome@atlas-reanalytics.com . In this communication, Client must clearly identify themselves and state Client’s decision to withdraw from the contracted Services within the indicated period.

If You exercise this right of withdrawal within the timeframe and in the manner provided herein, the refund of the amount paid for Your Subscription will be made using the same payment method with which the Service Subscription was purchased, less any applicable return costs imposed by the Payment Platform, which will be borne by You.

The refund of the amount corresponding to the withdrawal will be made within fourteen (14) calendar days or, if longer, within the maximum period permitted by applicable regulations from the date on which the decision to withdraw from the contract has been effectively and unequivocally communicated by You and received by FSA.

For clarification purposes, please note that the right of withdrawal cannot be exercised in the following cases:

1. When the Service has been provided, that is, once the Client has used the Service in whole or in part.
2. When the exercise of this right is not carried out by the Client who contracted the Service, his or her successors in the event of death and/or legal guardians.

In addition to the foregoing, You may cancel Your Subscription at any time. Once You have notified us of Your intention to cancel, Your Subscription will be deemed canceled at the end of the current Billing Cycle, depending on the Subscription You have contracted. Amounts already paid to FSA will not be refunded, nor will we provide credit to Customers in the event of early cancellation for any partially used billed periods related to the current Billing Cycle. The cancellation of Your Subscription will be effective, for all purposes, at the end of the Billing Cycle during which You cancelled Your Subscription.

• INTELLECTUAL PROPERTY AND USE OF TRADEMARKS

The intellectual property of the Software and all elements comprising it and/or related to it, including but not limited to: technological developments, technical documentation and manual thereof, source code, design of analyses and reports, preparatory materials, other manuals, diagrams, content, any other designs, interfaces, algorithms used and any other elements protected by intellectual property rights related to Fragua’s computer programs, their modifications and/or future versions, as well as trademarks and distinctive signs, are the sole and exclusive property of FSA. Such intellectual property elements, in addition to any other elements comprising, owned by or licensed by FSA from third parties, or relating to the Service that generate intellectual property rights, including the software (both source code and object code), and the structure of its database described in this paragraph, shall be collectively referred to as “Intellectual Property Elements” or “Intellectual Property”.

FSA shall be the sole and exclusive owner of all rights relating to the Intellectual Property Elements, which shall in no event be deemed transferred and/or assigned to the Client and may be used by Client solely in connection with the Service as detailed below.

Through the Subscription contracted by the Clients, FSA only grants the Client a non-exclusive, non-transferable license, without the right to license to third parties, for the sole purpose of allowing the Client, and the Authorized Users as provided herein, to use the Software through the platform made available by FSA for these purposes and for the purposes for which it has been designed as expressly set forth herein, and no others.

Client shall not and shall not enable its affiliates or Authorized Users to modify and/or create other software and/or derivative works of the Software, analyze, decompile or reverse engineer thereof, as well as sell, rent, distribute, loan, license or allow access to the Software to anyone other  than Client and, where applicable, the Authorized Users..

All other content on the Service website, including, but not limited to, texts, photographs, graphics, images, icons, technology, links and other audiovisual and/or sound content, as well as its graphic design and layout of elements, are the property of FSA or of third parties that have granted licenses to FSA, including the exploitation rights relating to these elements that are recognized by current regulations in intellectual property, and these  shall in no instance be transferred in any way to the Client, Client’s affiliates or the Authorized Users of their Affiliates.

Without prejudice to the foregoing, the Client authorizes FSA to use its trademark and/or logo, whether its own or that of the company on whose behalf it is contracting the Service, for FSA to include and/or display it among the Clients who use Fragua and/or in informative and/or commercial communications for the Service. This trademark use authorization shall be granted free of charge, that is, the Client shall not be entitled to any remuneration and/or compensation for the use of its trademark by Fragua and/or third parties in connection with the Service.

• SERVICE AVAILABILITY AND INTERRUPTIONS

FSA will make every effort to provide the Service to You 24 hours a day, 365 days a year. However, FSA cannot be held liable for any damages that may be caused to Customers due to errors or omissions in the content or information provided, the unavailability of the Service, whether due to its own or third-party causes, its temporary suspension for reasons related to its improvement, maintenance, or review, or for any other reason, including unforeseeable circumstances, force majeure, intervention by a third party, or Your own intervention.

In the event of a scheduled interruption lasting more than six (6) hours, FSA will notify You at least by incorporating a notice into the service itself by means of a Pop-Up, if  technically reasonable and a reasonable period of time is available, informing You of the dates of the maintenance operations. FSA undertakes to ensure that these improvement and maintenance works are carried out within a commercially reasonable time.

FSA will only be liable for lack of availability of the service in the event that the provision of the service is interrupted for reasons directly attributable to and under the control of FSA for a period exceeding seventy-two (72) hours, continuously or intermittently, within the same calendar month, in which case FSA will refund the portion of the monthly fee corresponding to the time exceeding those seventy-two (72) hours of service interruption from the receipt of the notice of failure from You, or will apply the corresponding discount to the fee corresponding to the following Billing Cycle.

For these purposes, the following shall not be considered unavailability: i) interruption of the service as a result of improvement, maintenance, or review work on the content and/or service; or ii) abnormal operation of the service due to causes attributable to the Client or third parties, unforeseen events, force majeure, or any other causes not attributable to or beyond the control of FSA.

• EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

THE SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON THE PART OF FSA, ALL WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR ARISING BY LAW, ARE EXPRESSLY EXCLUDED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, SATISFACTORY QUALITY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND/OR THEIR EQUIVALENTS, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

FSA does not warrant that the content or information provided by the Service is free from errors, viruses, or other harmful or inaccurate components. FSA makes no warranties regarding the information received by You, the analysis, and/or the conclusions drawn by the Client from the use of the Service and, in particular, does not guarantee that it is accurate, free from errors, interruptions, or failures, and/or that it meets the realities of the markets and/or the needs of the Clients.

FSA has worked and continues to work on the constant development of the Service in order to make its best efforts to obtain the most accurate analyses, calculations and estimates possible, without prejudice to the fact that they are based in part on information from sources external to FSA and databases prepared by third parties, which are not the responsibility of FSA and, therefore, FSA cannot be held responsible for any inaccuracy and/or errors arising from the use of this information to provide the Service.

EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, FSA SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS AND/OR PROPERTY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF YOUR USE OF THE SERVICE, REGARDLESS OF THE CAUSE. FSA SHALL ALSO NOT BE LIABLE FOR DELAY OR FAILURE TO PERFORM DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY (INCLUDING BUT NOT LIMITED TO TORT, BREACH OF WARRANTY, STRICT LIABILITY, OR OTHERWISE), EVEN IF FSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In light of the foregoing, the information, analysis, recommendations and/or conclusions provided by the Service are to be treated as informational only, and FSA shall not be liable for any use made of this information by the Client and/or any decisions made based thereon. In connection with the foregoing and to the maximum extent permitted by law, FSA disclaims all liability and excludes all warranties, whether express or implied, regarding the Client’s use of the Service and the information provided therein, including, but not limited to, suitability for a particular purpose, transactions performed and/or decisions made by the Client based on use of the Service.

In any case, FSA guarantees that to its knowledge the Service does not infringe any intellectual or industrial property rights, trade or business secrets, or, in general, any third-party rights.

For the purpose of clarification, and to the fullest extent permitted by law, the Parties exclude all liability and responsibility arising from:

1. Use of the service other than that permitted;
2. Failures due to not having the appropriate technical equipment to receive the Service;
3. Termination or restriction of the Service, in whole or in part, in accordance with these Terms;
4. Acts or omissions of suppliers and/or licensees that are beyond the control of FSA;
5. Errors or viruses that may be present or occur during the use of the Service;
6. Any delay, act, omission or failure related to the provision of the service and any content;
7. Any use of the Service contrary to the law or these Terms and Conditions; or
8. Decision-making by the Client based on information obtained from the Service.

Notwithstanding the foregoing, to the extent that FSA is held legally liable to Client for any reason, FSA’s total liability to Client for any claims brought by Client or third parties under this Agreement shall not exceed in the aggregate an amount equal to two (2) times the total amount of the fee for the current Billing Cycle.

• SERVICE SUSPENSION 

In case of lack of payment in relation to the Service, FSA retains the right, without previous warning, to suspend he Customer Service immediately. If payment is not made within five (5) business days after notice made by FSA to Client of failure to pay, FSA may, at its sole discretion, automatically terminate the Contract; all of this without prejudice to FSA’s right to claim outstanding amounts and any damages incurred. 

FSA reserves the right to modify, cancel, and/or suspend the availability of the Service at any time, temporarily or permanently, at its sole discretion and for any reason. In this regard, prior to cancellation, FSA undertakes to notify Clients of the future cancellation of the Services at least thirty (30) days before the cancellation takes place. This notice must be sent by email and, if reasonably feasible, published on the Service itself and/or on its website. Once this notification period has expired, Clients will no longer be able to use the Services contracted up to that point and will not be charged any additional costs. Authorized Users will have no claim against FSA in this event, except for the refund of the proportional part of their unused Billing Cycle, provided that FSA has complied with the prior notification period established above.

If FSA believes that You, Your Authorized Users, or any third party to whom You have provided access are using or have used the Service in violation of these Terms and Conditions, applicable laws and regulations, or in a manner other than its intended purpose in accordance with all other applicable guidelines and requirements, You agree that FSA may restrict, suspend, or terminate Your access to part or all of the Service. In such event, FSA will notify You by sending an email to the email address listed in Your account. Notwithstanding the foregoing, FSA may restrict or suspend Your access to the Service for cause and upon reasonable advance notice, including electronic notice, for any reason including, but not limited to, (a) requests from law enforcement or other government agencies, (b) unforeseen technical issues or problems, or (c) if FSA reasonably believes that Your Service account has been fraudulently created, or Your Service account has been fraudulently accessed, or if any person uses Your account or user to commit fraud or for any purpose other than its intended purpose, contrary to these Terms and Conditions or contrary to any applicable laws and regulations.

FSA assumes no liability to You, Your Authorized Users, or any third party for any restriction, modification, suspension, or termination of Your access to the Service, except in cases of gross negligence or willful misconduct on the part of FSA.

Upon cancellation of Your Service Subscription for any of the reasons listed in this Section 13, You will immediately lose Your right to access the Service, without any compensation or refund.

• CONFIDENTIALITY

From time to time during the term of this Agreement, either Party (the “Discloser”) may disclose or make available to the other Party (the “Recipient) information about the Discloser’s business affairs, confidential intellectual property, trade secrets, third-party information, the terms and fees payable under this Agreement, email accounts, and other sensitive or proprietary information, whether or not marked as confidential (collectively, “Confidential Information)., but only for the purposes of its performance hereunder. The Recipient shall: (A) protect and safeguard the confidentiality of the Discloser’s Confidential Information with at least the same degree of care as the Recipient would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (B) not use the Discloser’s Confidential Information, or permit to be accessed or used, for any purpose other than to perform its obligations under this Agreement; and (C) not disclose any such Confidential Information to any person or entity, other than to its affiliates and its or their employees, officers, attorneys, accountants, and financial advisors (collectively, “Representatives”) who: (a) need access to such Confidential Information for the purpose of this Agreement; (b) are informed of its confidential nature; and (c) are bound by confidentiality obligations no less protective of the Confidential Information than the terms contained herein. Confidential Information shall not include information that, at the time of disclosure: (i) is or becomes generally available to the public other than as a result of any breach of this Section 14 by the Recipient or any of its Representatives; (ii) is obtained by the Recipient or its Representatives on a non-confidential basis from a third-party that was not legally or contractually restricted from disclosing such information; (iii) it was in the Recipient’s or its Representatives possession prior to disclosure by the Discloser; (iv) was or is independently developed by the Recipient without using any of the Discloser’s Confidential Information; or (v) is required to be disclosed under applicable federal, state, or local law, regulation, or a valid order issued by a court or governmental agency of competent jurisdiction. 

Each party undertakes to take all necessary measures to ensure that the confidential information is not disclosed or distributed by its employees or agents in violation of the provisions of this Agreement. In any event, the parties undertake that any third parties to whom they provide confidential information pursuant to this Agreement will sign confidentiality agreements containing clauses providing for a level of protection of the confidential information that is identical to or greater than that contained in this clause.

• PRIVACY AND DATA PROTECTION POLICY

When You purchase a license to use the Service, You will be asked for certain personal data strictly necessary for the provision, contracting, and billing of the service. FSA will process this data in strict compliance with applicable regulations, as set forth in the Privacy Policy. 

• APPLICABLE REGULATIONS AND JURISDICTION

The Parties expressly agree that the provisions of these Terms and Conditions constitute the Contract between both Parties, arising from their acceptance and mutual consideration, and that this Contract shall be governed by and construed, in all its terms and conditions, in accordance with the internal, substantive laws of the State of Florida.

To file complaints related to the use of the Services and/or compliance with these General Conditions, You may contact us by email at ab@atlas-reanalytics.com or by sending postal mail to the physical address indicated in the header. FSA undertakes to seek an amicable solution to Your complaint at all times. 

The Parties expressly submit, for any questions or differences that may arise due to the interpretation, compliance and execution of these Conditions, to the jurisdiction and competence of Federal Courts of Miami, Florida.

• OTHER PROVISIONS

In the event that any provision or provisions of these Terms and Conditions are deemed invalid and/or unenforceable, in whole or in part, by any competent court or governing law, such invalidity or unenforceability shall not affect the remaining provisions. In such cases, the affected clause or clauses shall be replaced by another or others that retain the validity or essence of the replaced clauses or conditions, and this shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.

These Terms and Conditions have been communicated to the Client in advance, in accordance with applicable law. By accepting this Agreement and using the Services, the Client confirms they have seen and read these Terms and Conditions and agree to be bound by them. FSA also makes these Terms and Conditions available on its website so that You can review them at Your convenience, thereby fulfilling its legal obligation to provide prior information.

The provisions of this Agreement that by their nature must remain in effect after the termination and/or suspension of Your Subscription will continue to be in effect after termination of this Agreement.

FSA may assign its rights and obligations under this Agreement and/or with respect to the Service to any company, business, or person without Your consent.The agreement arising from and accepted in these Terms and Conditions and the provisions referenced herein constitute the entire agreement between You and FSA relating to its subject matter and supersede all prior provisions, understandings, negotiations, and discussions between the parties, whether oral or written, without prejudice to the specific terms and conditions of Your Subscription. The waiver of any provision of this Agreement shall not be deemed to constitute a waiver of any other provision (whether similar or not) nor shall it constitute a continuing waiver, unless expressly stated by FSA or otherwise agreed between the parties.Last updated: May 13th, 2025