Terms of Use
Effective date: 11 March, 2024
These Terms of Use (the “Agreement”) apply to all websites, products, services, activities, and/or applications referencing and/or linking to this Agreement (the “Site” or “Sites,” collectively). The Sites are maintained by ATAI, Inc., its affiliates, and/or its partners (collectively, “ATAI,” “we,” “our,” and “us”). The terms of our Privacy Policy are incorporated by reference into this Agreement.
Acceptance of Agreement and Access
By accessing, using, viewing, or downloading any content (the "Content") from our Site, whether as a guest or a registered user, you agree to be bound by these Terms of Use and our Privacy Policy. By using the Site, you affirm that you have read, understood and agreed to these terms.
We may update this Agreement at any time at our sole discretion. All changes are effective immediately upon posting. We encourage you to review these terms regularly to stay informed of any updates. Your continued use of the Site after changes are made constitutes your acceptance of those changes.
By using our Site and sending emails to us, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
We reserve the right to withdraw, amend, or restrict access to parts or all of our Site at any time without notice, at our sole discretion.
Privacy Commitment
ATAI is committed to protecting your privacy. We do not intentionally collect, request, or allow the saving or sharing of any personally identifiable information, except as necessary to provide our services (e.g., account creation or support services). For more details on the types of information we collect and how we process them, please refer to our Privacy Policy.
Please do not submit confidential or proprietary information to our Sites. While we strive to protect the information provided, any non-sensitive information or materials you submit through the Sites, excluding passwords and associated login credentials, will be considered non-confidential. By providing such information, you grant ATAI the right to use, reproduce, display, modify, and distribute the information to the extent necessary to provide our services.
We take the security of your information seriously and implement industry-standard measures to protect any information you provide from unauthorized access or use. However, please be aware that no security measures are foolproof, and we cannot guarantee the absolute security of your data.
Prohibitions, Terminations
You must not engage in unlawful or harmful activities on our Sites. Specifically, you are prohibited from:
· Impersonation: Impersonating another person's identity, or disseminating any message under a false name without authorization.
· Harassment and Abuse: Defaming, harassing, threatening, stalking, or abusing others, or violating others' privacy and publicity rights.
· Inappropriate Content: Posting, transmitting, or disseminating obscene, pornographic, profane, or otherwise objectionable or unlawful information.
· Intellectual Property Violations: Using the Site to disseminate any material that infringes on intellectual property rights unless you own the rights or have explicit permission from the rightful owner.
· Distribution of Harmful Material: Spreading corrupted files, viruses, or any software that might damage or alter another party's computer or data.
· Illegal Activities: Engaging in activities that are criminal or otherwise violate applicable laws and regulations.
If we believe that you have violated any provision of this Agreement, including our Copyright Infringement Policy, we may, at our sole discretion, restrict your access to the Site or terminate your account without prior notice. We reserve the right to take legal action against any user who breaches these Terms.
Copyright Ownership
The content accessible on this Site, including texts, graphics, logos, and software, is owned by ATAI, its licensors, or other third parties and is protected under copyright laws. You are not permitted to copy, modify, republish, upload, or distribute any part of this content unless you have obtained explicit written permission from ATAI or as explicitly agreed under separate terms.
If you believe that your copyright has been infringed upon on our Site, please contact us immediately at legal@atai.ai. Your notice must include the following:
· A detailed description of the copyrighted work you believe has been infringed.
· The URL or other specific location on the Site where the alleged infringing material is located.
· Your contact information, including address, telephone number, and email address.
· A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
· A declaration, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
· Your physical or electronic signature.
Trademark Ownership
The trademarks, logos, and service marks (collectively, “Trademarks”) displayed on this Site are the property of ATAI and various third parties, where applicable. These include both registered and unregistered Trademarks.
No content on this Site grants, whether by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the express written permission of ATAI or the third-party owner of the Trademark. Unauthorized use of these Trademarks is strictly prohibited and may violate copyright and trademark laws. If you wish to use any of the Trademarks, or have any questions about the use of our Trademarks, please contact us directly at legal@atai.ai for permission.
Information and Press Releases
Our website is a dynamic resource that provides the latest information about our services, developments, and achievements through various formats including press releases. While we strive to provide accurate and up-to-date information, we do not undertake an obligation to update any information after it is posted or to reflect the occurrence of future events. We disclaim any responsibility to update this information.
Information presented on this site should not be relied upon as the sole basis for making important decisions. Any reliance on the material on this site is at your own risk. Information about companies other than ours that may appear in press releases or similar publications is provided for informational purposes only and should not be construed as being endorsed by or affiliated with our company.
We may include or offer third-party content on our website and include third-party links. We do not control, endorse, or adopt any third-party content and can make no guarantee as to its accuracy or completeness. You acknowledge that we are not responsible for any third-party content accessible through our site. Any dealings between you and any third party found on or through our site are solely between you and the third party and we are not responsible for any loss or claims that may arise from these dealings.
Applicable Law.
This Agreement shall be treated as though it was executed and performed in Delaware, California, and shall be governed and construed in accordance with the laws of the State of California(without regard to conflict of law principles). The language in this Agreement shall be interpreted in a neutral manner and in accordance with their fair meaning. Any rule of law or legal decision that would require interpretation of any ambiguities in this Agreement against the party that has drafted them is not applicable and is waived. All legal proceedings arising out of, or in connection with, this Agreement shall be brought solely in Delaware, California. You expressly submit to the jurisdiction of the federal and state courts located in Delaware, California, and you consent to extra-territorial service of process. ATAI makes no warranties or representations that materials on this site are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Disclaimer of Liability
The information and services on our Sites are provided on an “as is” and “as available” basis. ATAI does not guarantee the accuracy, completeness, or timeliness of the content available on our Sites. We disclaim all liability for any errors or omissions in the content or functionality of our Sites. We are not liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of, or inability to use, our Sites. While we strive to keep the content up-to-date and accurate, we do not warrant that the sites will operate error-free or that the Sites and their servers are free of computer viruses or other harmful mechanisms. If your use of the Sites results in the need for servicing or replacing equipment or data, ATAI is not responsible for those costs.
Your use of our Sites and any content, services, or materials provided through the Sites is entirely at your own risk. Our Sites may contain links to sites operated by parties other than ATAI. These links are provided for your convenience only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Furthermore, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from our Sites or other websites) is free of such items as viruses, worms, Trojan horses, defects, and other items of a destructive nature. Links to third-party sites do not imply any endorsement of the material on such websites or any association with their operators.
Indemnification
You agree to protect, defend, and hold harmless ATAI and its affiliates, directors, officers, employees, agents, and vendors from any liabilities, losses, damages, and expenses (including attorneys' fees and court costs) arising from or related to your use of the Sites. This includes claims resulting from libel, defamation, infringement of privacy or publicity rights, property damage, or infringement of intellectual property or other rights. Should any such claim arise, ATAI will promptly inform you, and you may participate in the defense of such claim as long as your participation does not harm ATAI’s interests, as determined by ATAI.
Limitation on Liability
ATAI’s total liability for any claims arising from or related to the Sites is limited to the greater of $500 or the amount you paid to ATAI for services or content within the last twelve months. This limitation applies to all claims, regardless of their nature (contract, tort, otherwise), except in cases of gross negligence or intentional misconduct by ATAI, or where such limitations are not allowed by applicable law.
Miscellaneous
Supremacy of Agreement: If there is any conflict between the terms in this Agreement and information elsewhere on this Site, the terms of this Agreement will prevail.
Reservation of Rights: All rights not explicitly granted in this Agreement are reserved by ATAI. This Agreement does not grant any rights or remedies to any person other than the parties to this Agreement.
Severability: If any part of this Agreement is found to be invalid or unenforceable, the remaining terms will still be effective.
Non-Waiver: A party's failure to enforce any provision of this Agreement does not waive the provision or the right to enforce it in the future.
