Terms of Service

By accessing, browsing, registering for, subscribing to, receiving, testing, using, or otherwise interacting with any part of the Services, Customer agrees to be bound by these Terms, together with any applicable Order Form, statement of work, pilot agreement, trial terms, beta terms, data processing terms, privacy policy, acceptable use policy, or other written agreement referencing these Terms.

If Customer does not agree to these Terms, Customer must not access or use the Services.

These Terms form a legally binding agreement between Atlensa and Customer. Customer’s access to or use of the Services constitutes acceptance of these Terms whether such access or use occurs through a website, application, account, API, integration, trial, pilot, beta program, paid subscription, professional services engagement, or other Atlensa-approved method.

These Terms apply broadly to all products, services, tools, websites, software, systems, interfaces, APIs, integrations, documentation, data, reports, outputs, analyses, features, modules, workflows, support services, professional services, trials, pilots, beta products, early-access products, and other offerings made available by or on behalf of Atlensa, whether currently existing or later developed.

References to the “Services” include all current and future Atlensa offerings unless a separate written agreement expressly states otherwise.

These Terms apply regardless of whether the Services are used for environmental reporting, permitting, regulatory review, document drafting, document analysis, QA/QC, inconsistency detection, compliance review, workflow automation, agency-response support, developer-side project assessment, or any other use case made available by Atlensa.

If a person accepts these Terms or uses the Services on behalf of a company, partnership, agency, firm, organization, client, employer, or other legal entity, that person represents and warrants that they have authority to bind that entity to these Terms.

In that case, “Customer” means the entity on whose behalf the Services are accessed or used, and such entity is responsible for all activity by its Users.

If the person accepting these Terms does not have such authority, that person must not access or use the Services on behalf of the entity and may be personally responsible for any unauthorized access or use.

Atlensa may modify these Terms from time to time. Atlensa may provide notice of material changes by posting the updated Terms on its website, through the Services, by email, through an account notice, or by other reasonable means.

Unless otherwise stated, updated Terms become effective when posted or otherwise made available. Customer’s continued access to or use of the Services after the effective date of updated Terms constitutes acceptance of the updated Terms.

If Customer does not agree to updated Terms, Customer must stop using the Services. Atlensa may condition continued access to the Services on Customer’s acceptance of the updated Terms.

These Terms apply unless Atlensa and Customer have entered into a separate written agreement signed by authorized representatives of both parties that expressly supersedes these Terms.

Any Order Form, pilot agreement, trial agreement, beta agreement, letter of intent, statement of work, enterprise agreement, data processing addendum, security addendum, or other written agreement may contain additional terms. Unless expressly stated otherwise, these Terms supplement such documents.

If there is a conflict between these Terms and a fully executed written agreement signed by authorized representatives of both parties, the signed written agreement will control only to the extent of the conflict. If there is a conflict between these Terms and a non-binding LOI, proposal, marketing material, website description, product description, demo, sales presentation, pilot description, or informal communication, these Terms will control unless Atlensa expressly agrees otherwise in a signed writing.

No pilot, trial, beta, demo, early-access period, complimentary access period, LOI, pricing proposal, roadmap statement, or product description creates any obligation for Atlensa to provide, maintain, release, support, or continue any specific product, feature, output, service level, or functionality unless expressly stated in a binding written agreement signed by Atlensa.

“Atlensa” means Atlensa, Inc., together with its affiliates, subsidiaries, officers, directors, employees, contractors, agents, representatives, licensors, service providers, successors, and assigns, as applicable.

“Services” means all websites, software, platforms, products, tools, modules, APIs, integrations, documentation, outputs, reports, templates, databases, workflows, support services, professional services, trials, pilots, beta services, early-access offerings, and other services made available by or on behalf of Atlensa, whether now existing or later developed.

“Customer” means the person, company, firm, agency, organization, or legal entity that accesses, uses, tests, purchases, subscribes to, receives, or otherwise benefits from the Services, including any entity on whose behalf a User accesses or uses the Services.

“User” means any individual who accesses or uses the Services directly or indirectly, including Customer’s employees, contractors, consultants, representatives, agents, administrators, clients, invitees, or other persons authorized or permitted by Customer to use the Services.

“Authorized User” means a User who is authorized by Customer to access or use the Services under Customer’s account, subscription, Order Form, or other Atlensa-approved access method.

“Customer Data” means data, documents, files, text, images, forms, records, reports, notes, instructions, prompts, materials, or other information submitted, uploaded, transmitted, imported, entered, provided, made available, or otherwise supplied to the Services by or on behalf of Customer or any User.

Customer Data includes Inputs, uploaded files, project information, client information, field notes, source documents, agency correspondence, regulatory materials supplied by Customer, and other materials provided by or for Customer.

“Inputs” means prompts, instructions, files, documents, data, text, images, tables, notes, field observations, survey data, regulatory materials, project facts, user selections, configurations, and other information submitted to or used with the Services to generate, modify, analyze, review, or support Outputs.

“Outputs” means responses, drafts, reports, summaries, analyses, comments, flags, recommendations, annotations, comparisons, generated text, compliance checks, QA/QC findings, inconsistency detections, exported files, or other materials generated, displayed, produced, suggested, or otherwise made available through the Services.

Outputs may include AI-generated, AI-assisted, automated, template-based, rules-based, or human-assisted materials.

“Platform Content” means all content, materials, software, workflows, databases, templates, documentation, interfaces, models, prompts, methods, designs, know-how, features, functionality, rulesets, regulatory structures, processes, systems, and other materials made available by Atlensa through or in connection with the Services, excluding Customer Data.

“Third-Party Services” means products, services, platforms, data sources, hosting providers, cloud services, AI model providers, APIs, integrations, websites, public databases, regulatory sources, agency portals, analytics tools, payment processors, communication tools, and other third-party technologies or services used by, integrated with, linked from, or otherwise involved in the Services.

“Confidential Information” means nonpublic information disclosed by one party to the other that is identified as confidential or that reasonably should be understood to be confidential given the nature of the information or circumstances of disclosure.

Atlensa Confidential Information includes the Services, Platform Content, pricing, product plans, roadmaps, technical information, software, workflows, prompts, models, methods, security information, business information, and nonpublic documentation.

Customer Confidential Information may include nonpublic Customer Data, project information, client information, and business information submitted to Atlensa, subject to the licenses, rights, exceptions, and limitations stated in these Terms.

Atlensa provides software and related services that may assist with drafting, reviewing, analyzing, comparing, organizing, checking, automating, managing, or supporting documents, data, reports, workflows, regulatory materials, and related business processes.

The Services may include tools for environmental report automation, permitting workflows, document QA/QC, inconsistency detection, compliance review, regulatory tracking, agency-comment tracking, workflow management, and other adjacent or future use cases.

Customer acknowledges that the Services are tools to support Customer’s work and are not a substitute for Customer’s own professional judgment, independent review, or legal, regulatory, scientific, environmental, engineering, or other professional obligations.

The Services may include AI-assisted or automated tools that generate, review, summarize, classify, compare, analyze, flag, suggest, or otherwise process Inputs and other materials.

Such tools may assist with drafts, comments, issue spotting, cross-document review, compliance-related checks, workflow support, or other decision-support tasks. All such tools are provided to assist Customer and do not make final determinations on Customer’s behalf.

Customer is solely responsible for deciding whether and how to use any Output.

The Services may include tools related to environmental reports, Environmental Assessments, Biological Assessments, Phase I ESAs, wetland delineation materials, permitting documents, regulatory requirements, agency guidance, QA/QC review, inconsistency review, source-document comparison, report drafting, compliance workflows, agency-comment workflows, and related use cases.

Atlensa may also provide tools for adjacent or future workflows, including but not limited to environmental due diligence, permit applications, NEPA-related documents, agency review support, developer-side project analysis, regulatory tracking, project-document automation, and other professional or business workflows.

Atlensa does not guarantee that any tool will identify every issue, error, inconsistency, missing item, regulatory requirement, or risk.

Atlensa may add, remove, modify, combine, rebrand, limit, suspend, discontinue, or replace features, products, modules, integrations, workflows, or functionality at any time.

Descriptions of current, planned, beta, pilot, future, or potential features are for general informational purposes only and do not create a binding obligation to release, maintain, support, or continue any feature unless expressly stated in a signed written agreement.

Atlensa may change the Services from time to time, including by modifying functionality, imposing usage limits, changing supported file types, changing supported workflows, changing user interfaces, updating models, modifying data sources, changing integrations, limiting access, or discontinuing features.

Atlensa may implement such changes with or without notice where Atlensa determines that the change is necessary or appropriate for security, legal, regulatory, operational, technical, business, product, vendor, or user-experience reasons.

Atlensa will not be liable for any modification, limitation, suspension, discontinuation, or unavailability of any part of the Services except to the extent expressly required by a separate written agreement.

Atlensa is not obligated to release, maintain, support, or continue any feature, product, integration, module, output type, workflow, template, model, data source, roadmap item, beta feature, pilot feature, or future offering.

Customer agrees that it is not relying on the future availability of any feature, functionality, integration, product, commercial release, roadmap item, or planned capability unless expressly set forth in a binding written agreement signed by Atlensa.

Customer and Users may be required to create an account to access certain Services. Customer and Users must provide accurate, current, and complete account information and keep such information updated.

Atlensa may reject, suspend, or terminate any account registration in its discretion, including where Atlensa believes that account information is inaccurate, misleading, unauthorized, unlawful, or creates risk to Atlensa, the Services, Customer, other customers, or third parties.

Customer may permit only Authorized Users to access the Services. Customer is responsible for ensuring that each Authorized User complies with these Terms and any applicable policies, instructions, or restrictions provided by Atlensa.

Customer may not share accounts, credentials, seats, or access rights except as expressly permitted by Atlensa. Atlensa may impose limits on the number, type, or scope of Authorized Users.

Customer is responsible for all acts and omissions of its Users and any person who accesses the Services through Customer’s account, credentials, systems, invitations, integrations, or permissions.

Any breach of these Terms by a User will be deemed a breach by Customer.

Customer is responsible for managing User access, permissions, offboarding, internal approvals, and compliance with Customer’s own policies and obligations.

Customer and Users are responsible for maintaining the confidentiality and security of all usernames, passwords, API keys, tokens, credentials, and access methods.

Customer must promptly notify Atlensa of any suspected or actual unauthorized access, credential compromise, security incident, or misuse involving the Services.

Atlensa is not responsible for losses arising from Customer’s failure to secure accounts, systems, devices, credentials, integrations, or User access.

Atlensa may suspend, restrict, limit, or terminate access to the Services, in whole or in part, if Atlensa reasonably believes that:

1. Customer or a User has violated these Terms;
2. access creates a security, legal, regulatory, operational, financial, reputational, or technical risk;
3. Customer has failed to pay amounts due;
4. Customer’s use may harm Atlensa, the Services, other customers, vendors, users, or third parties;
5. Customer’s use may violate applicable law or third-party rights;
6. suspension is necessary to comply with law, court order, government request, vendor requirement, or platform rule; or
7. suspension is otherwise necessary or appropriate to protect the Services.

Atlensa will have no liability for suspension or restriction of access taken in good faith.

Customer is solely responsible for all Inputs, files, instructions, prompts, configurations, source materials, data, and other information submitted to or used with the Services.

Customer is responsible for ensuring that all Inputs are accurate, complete, lawful, authorized, appropriate, and suitable for Customer’s intended use.

Atlensa is not responsible for errors, omissions, defects, inaccuracies, or limitations in Outputs caused by inaccurate, incomplete, outdated, misleading, unlawful, unauthorized, or otherwise deficient Inputs.

Customer is solely responsible for reviewing, verifying, validating, editing, approving, rejecting, modifying, supplementing, or disregarding Outputs before using, relying on, submitting, publishing, certifying, sharing, or otherwise acting upon them.

Customer must independently verify all Outputs using qualified personnel, applicable source materials, governing requirements, professional standards, agency guidance, and Customer’s own judgment.

Customer must not treat any Output as final, complete, accurate, compliant, approved, or suitable for reliance without independent review.

Customer is solely responsible for all final reports, deliverables, submissions, certifications, representations, conclusions, decisions, communications, filings, applications, agency responses, project actions, business decisions, and other actions taken based on or involving the Services.

Atlensa does not control Customer’s final use of Outputs and is not responsible for any report, application, submission, filing, permit request, agency communication, client deliverable, professional certification, project decision, or other action taken by Customer or any third party.

Customer is solely responsible for identifying, understanding, and complying with all legal, regulatory, contractual, professional, ethical, client, employer, agency, and third-party obligations applicable to Customer’s use of the Services and Customer’s work.

Customer’s obligations may include obligations relating to environmental consulting, permitting, professional licensing, confidentiality, client approvals, landowner permissions, agency rules, document retention, data privacy, intellectual property, and professional standards.

Atlensa does not assume Customer’s obligations and does not become responsible for Customer’s professional services, regulated activities, client relationships, agency submissions, or project outcomes.

Customer represents and warrants that it has obtained and will maintain all rights, licenses, permissions, consents, approvals, and authorizations necessary to submit Inputs to the Services and to use the Services as Customer uses them.

This includes rights and permissions relating to client files, landowner information, project documents, third-party reports, agency materials, confidential information, personal information, copyrighted materials, proprietary materials, and regulated information.

Customer must not upload, submit, process, or use any materials through the Services unless Customer has the legal right to do so.

Customer is responsible for maintaining backups of Customer Data, Inputs, Outputs, final reports, source materials, records, and other information.

Customer is responsible for maintaining appropriate internal controls, review procedures, approval workflows, access controls, document retention policies, and professional oversight relating to its use of the Services.

Atlensa does not guarantee that Customer Data or Outputs will be available, preserved, recoverable, complete, or suitable for Customer’s recordkeeping obligations.

The Services are software tools. Atlensa does not provide legal, environmental, engineering, scientific, surveying, regulatory, permitting, consulting, accounting, financial, tax, or other professional advice through the Services unless expressly agreed in a separate written professional services agreement.

No Output, feature, comment, flag, suggestion, draft, analysis, compliance check, summary, comparison, or other material generated by or through the Services constitutes professional advice.

Customer should consult qualified professionals before using or relying on Outputs for any professional, legal, regulatory, scientific, environmental, engineering, permitting, business, or project-related purpose.

The Services are not a substitute for qualified professionals, including environmental consultants, wetland scientists, engineers, attorneys, surveyors, planners, permitting professionals, agency specialists, or other experts.

Customer is solely responsible for ensuring that qualified professionals review and approve any Output before it is used, relied on, submitted, certified, or shared.

Atlensa does not certify, seal, approve, validate, or professionally endorse Customer’s work product.

Outputs are provided solely as informational, draft, analytical, automated, or decision-support materials.

Outputs are not final reports, final professional opinions, final compliance determinations, final agency submissions, legal conclusions, permitting determinations, environmental determinations, engineering determinations, or guarantees of any result.

Customer is responsible for transforming any Output into a final work product through independent review, professional judgment, editing, supplementation, and approval.

Customer must independently verify all Outputs before using or relying on them. Verification may require review of source documents, site conditions, field data, agency requirements, applicable law, professional standards, current guidance, client instructions, and other relevant materials.

Customer must not rely solely on Atlensa or the Services to identify applicable requirements, determine compliance, detect inconsistencies, confirm completeness, or evaluate project risk.

Any reliance on Outputs without independent verification is at Customer’s sole risk.

Atlensa does not guarantee that any Output or Service will be accurate, complete, current, compliant, error-free, accepted by any agency, approved by any reviewer, sufficient for any purpose, suitable for any project, or fit for any particular use.

Atlensa does not guarantee that the Services will identify all errors, omissions, conflicts, inconsistencies, missing information, regulatory issues, compliance issues, or project risks.

Customer assumes all risk associated with using Outputs.

Atlensa does not guarantee any permit approval, agency acceptance, project approval, project feasibility, entitlement, regulatory clearance, reduced timeline, reduced cost, reduced rework, reduced review comments, increased revenue, increased productivity, business outcome, client outcome, or project outcome.

Any examples, estimates, savings projections, performance claims, customer statements, marketing materials, demos, case studies, or product descriptions are illustrative only and do not create any warranty, representation, guarantee, or binding commitment.

The Services may use artificial intelligence, machine learning, language models, retrieval systems, automated workflows, rules-based systems, or other technologies to generate or assist with Outputs.

AI-generated or AI-assisted Outputs may be based on patterns, probabilities, source materials, prompts, settings, retrieved information, third-party models, and other inputs. Such Outputs may appear authoritative even when inaccurate, incomplete, outdated, misleading, or unsuitable.

Customer is solely responsible for evaluating the quality, accuracy, suitability, and lawful use of all AI-generated or AI-assisted Outputs.

Customer acknowledges that AI-generated or AI-assisted Outputs may contain errors, omissions, inconsistencies, unsupported statements, incorrect citations, incomplete reasoning, inaccurate summaries, outdated information, formatting issues, or other defects.

Customer further acknowledges that Outputs generated for different customers or users may be the same, similar, overlapping, or nonexclusive.

Atlensa does not guarantee originality, uniqueness, exclusivity, or non-repetition of Outputs.

Outputs may vary based on Inputs, prompts, settings, system changes, model changes, third-party provider changes, data-source changes, product updates, retrieval results, user behavior, and other factors.

The same or similar Inputs may not always produce the same Outputs. Atlensa does not guarantee consistency, reproducibility, stability, or predictability of Outputs.

Customer must ensure that qualified human reviewers evaluate all Outputs before use or reliance.

Human review must be meaningful and appropriate for the intended use of the Output. Customer is responsible for determining the level of review required based on the nature of the project, applicable requirements, professional standards, client expectations, and potential consequences of error.

Customer may not represent that Atlensa has reviewed, approved, certified, or guaranteed any Output unless Atlensa expressly states so in writing.

Customer must not use the Services as the sole basis for any final decision, professional determination, regulatory submission, legal conclusion, agency response, permit application, client deliverable, certification, or other material action.

Customer must not use the Services in a manner that allows Outputs to be automatically submitted, certified, relied upon, or acted upon without appropriate human review.

Atlensa may restrict or suspend uses that Atlensa determines create unacceptable legal, regulatory, safety, professional, reputational, or operational risk.

Atlensa may use Third-Party Services, including third-party AI models, APIs, infrastructure, data providers, hosting providers, and related technologies, to provide the Services.

Atlensa may change, replace, add, remove, update, or modify AI models, providers, retrieval methods, workflows, prompts, and related systems at any time.

Atlensa is not responsible for any change in Outputs, availability, latency, cost, functionality, or performance resulting from changes to AI models, providers, infrastructure, data sources, or related systems.

To the maximum extent permitted by law, Atlensa will not be liable for any loss, claim, damage, cost, delay, rework, rejection, dispute, penalty, or other consequence arising from or relating to AI-generated or AI-assisted Outputs, including errors, omissions, inaccuracies, hallucinations, inconsistencies, noncompliance, outdated information, or Customer’s use of or reliance on Outputs.

Any liability that cannot be excluded by law is limited to the maximum extent permitted by law and subject to the limitations of liability in these Terms.

Customer may use the Services only for lawful purposes and in accordance with these Terms.

Customer is responsible for ensuring that its use of the Services complies with all applicable laws, regulations, agency rules, professional obligations, contractual obligations, and third-party rights.

Customer must not, and must not permit any User or third party to:

1. access or use the Services in an unauthorized manner;
2. interfere with, disrupt, overload, damage, or impair the Services;
3. attempt to gain unauthorized access to the Services or related systems;
4. bypass, disable, or circumvent security, usage, access, or technical controls;
5. upload malware, harmful code, or malicious content;
6. use the Services to harm Atlensa, other users, third parties, or the integrity of the Services;
7. misrepresent identity, affiliation, authorization, or source of materials;
8. use the Services in a fraudulent, deceptive, abusive, or unlawful manner.

Customer must not, and must not permit any User or third party to:

1. reverse engineer, decompile, disassemble, copy, modify, or create derivative works of the Services;
2. extract, infer, copy, or reconstruct Atlensa’s models, prompts, workflows, methods, templates, rulesets, databases, source code, object code, architecture, or systems;
3. use the Services to train, improve, benchmark, evaluate, or develop a competing product or service;
4. scrape, harvest, crawl, or bulk extract Platform Content or Outputs except as expressly permitted;
5. circumvent usage limits, access restrictions, billing systems, seat limits, or technical controls;
6. remove or obscure proprietary notices;
7. use automated tools to access the Services without Atlensa’s written consent.

Customer must not upload, submit, transmit, process, or use any materials through the Services unless Customer has all necessary rights, permissions, consents, and authority to do so.

Customer must not submit materials that infringe, misappropriate, or violate intellectual property rights, privacy rights, confidentiality obligations, contractual restrictions, professional obligations, agency restrictions, or other rights of any person or entity.

Customer is solely responsible for any third-party claims arising from Customer Data, Inputs, uploaded files, or Customer’s use of the Services.

Customer must not use the Services for high-risk, safety-critical, emergency, life-safety, medical, hazardous, fully automated legal, fully automated regulatory, or other uses where failure of the Services could reasonably be expected to cause death, personal injury, environmental harm, unlawful action, material property damage, loss of rights, or significant public harm, unless Atlensa has expressly authorized such use in a signed written agreement.

Customer must not use the Services as the sole basis for final regulatory, permitting, legal, professional, scientific, engineering, environmental, or agency-facing determinations.

Customer must not sell, resell, lease, rent, sublicense, distribute, provide, commercialize, or otherwise make the Services available to third parties except as expressly permitted by Atlensa in writing.

Customer must not use the Services as a service bureau, outsourced processing platform, white-labeled service, embedded product, or managed service for third parties unless authorized by Atlensa in writing.

This restriction does not prevent Customer from using Outputs as part of Customer’s ordinary professional services for its own clients, provided Customer remains fully responsible for such use and does not provide third parties with unauthorized access to the Services.

Atlensa may investigate suspected violations of these Terms. Atlensa may suspend, restrict, limit, or terminate access to the Services if Atlensa believes that Customer or any User has violated these Terms or that continued access creates legal, regulatory, security, operational, reputational, financial, or technical risk.

Atlensa may cooperate with law enforcement, regulators, agencies, rights holders, vendors, and third parties in connection with suspected violations.

Atlensa will not be liable for any action taken in good faith to enforce these Terms or protect the Services.

As between Customer and Atlensa, Customer retains ownership of Customer Data, subject to the rights and licenses granted to Atlensa under these Terms.

Customer acknowledges that ownership of Customer Data does not limit Atlensa’s rights in Platform Content, Services, software, models, methods, workflows, templates, know-how, aggregated data, de-identified data, diagnostic data, usage data, or improvements.

Customer grants Atlensa a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, copy, transmit, process, analyze, display, modify, format, reproduce, create derivative works from, and otherwise use Customer Data as necessary or useful to:

1. provide, operate, maintain, and support the Services;
2. generate, analyze, improve, and deliver Outputs;
3. troubleshoot, debug, secure, and monitor the Services;
4. prevent fraud, abuse, security incidents, and misuse;
5. enforce these Terms;
6. comply with law and legal process;
7. improve, develop, test, validate, evaluate, secure, debug, maintain, and enhance the Services, including through internal quality assurance, product testing, model evaluation, workflow improvement, prompt and ruleset improvement, error analysis, feature development, and performance review, provided that Atlensa treats nonpublic Customer Data used for such purposes as Customer Confidential Information and protects it in accordance with these Terms.

Customer represents and warrants that:

1. Customer has all rights, licenses, permissions, consents, and authority necessary to provide Customer Data to Atlensa;
2. Customer Data does not violate applicable law, third-party rights, contractual obligations, confidentiality obligations, privacy obligations, or professional obligations;
3. Customer Data is not false, misleading, unlawful, or unauthorized;
4. Customer’s use of the Services will not cause Atlensa to violate any law or third-party right;
5. Customer is responsible for the accuracy, completeness, legality, and suitability of Customer Data.

Atlensa has no obligation to review Customer Data for accuracy, legality, completeness, or appropriateness.

Customer is responsible for determining whether Customer Data contains sensitive, confidential, personal, regulated, export-controlled, legally privileged, client-confidential, agency-restricted, or otherwise protected information.

Customer must not submit such information unless Customer has the right to do so and unless such submission is appropriate for the Services.

Atlensa may impose restrictions on certain categories of data. Customer is responsible for complying with any such restrictions.

Customer must not submit protected health information regulated by HIPAA, payment card numbers or other cardholder data, classified government information, Controlled Unclassified Information (CUI), export-controlled or ITAR-regulated information, biometric identifiers, or Social Security numbers. These categories are prohibited from the Services.

Atlensa may retain Customer Data for as long as reasonably necessary to provide the Services, comply with legal obligations, resolve disputes, enforce agreements, maintain backups, improve services, and operate its business, subject to Atlensa’s Privacy Policy and any applicable written agreement.

Customer may have the ability to export or delete certain Customer Data through the Services. Deletion may not immediately remove all copies from backups, logs, archives, legal records, security systems, or systems where continued retention is permitted or required.

Customer is solely responsible for maintaining independent backups and records of Customer Data and Outputs.

Atlensa may collect, generate, use, retain, disclose, and commercialize aggregated, de-identified, anonymized, statistical, diagnostic, technical, usage, performance, and analytical data derived from or relating to the Services, Customer Data, Inputs, Outputs, and user interactions, provided such data does not identify Customer as the source where required by applicable law or written agreement.

Such data may be used for analytics, benchmarking, product improvement, security, operations, research, development, marketing, reporting, and other lawful business purposes.

Atlensa owns all rights in such aggregated, de-identified, diagnostic, usage, and performance data.

Notwithstanding Sections 9.2, 9.5, 9.6, 11.7, 16.2, 16.3, or any other provision of these Terms, Atlensa may process raw or identifiable Customer Data only as reasonably necessary to provide, operate, maintain, secure, support, and troubleshoot the Services; generate, analyze, improve, and deliver Outputs; investigate security incidents; prevent fraud, abuse, and misuse; comply with law and legal process; and enforce these Terms.

Atlensa personnel do not read client documents as a matter of course. Access to production Customer Data is limited to personnel who require it to operate the Services and is used for support and incident investigation. If a support case requires Atlensa personnel to access a specific document, Atlensa will notify Customer.

Atlensa may derive and use de-identified or aggregated learnings from Customer use to improve prompts, product workflows, and the Services, provided that those learnings do not identify Customer, any User, client, project, property, or individual.

Atlensa does not use raw or identifiable Customer Data to train or fine-tune AI models and does not permit third-party AI providers to do so.

Nothing in this Section limits Atlensa’s rights to use feedback or aggregated, de-identified, anonymized, diagnostic, usage, performance, or analytical data as permitted under these Terms, provided that such data does not identify Customer, any User, client, project, property, or individual. This Section controls over any inconsistent grant of rights elsewhere in these Terms.

Subject to Customer’s compliance with these Terms and payment of all applicable fees, Customer may use Outputs for Customer’s internal business purposes and ordinary professional workflows.

As between Customer and Atlensa, Atlensa does not claim ownership of Customer-specific final reports created by Customer using the Services, except that Atlensa retains all rights in the Services, Platform Content, underlying technology, models, methods, workflows, templates, know-how, and other Atlensa materials used to generate or support such Outputs.

Customer acknowledges that Outputs may not be unique, exclusive, protectable, or free from third-party claims. Similar or identical Outputs may be generated for other users.

Atlensa does not guarantee that Customer will obtain intellectual property rights in any Output or that any Output will be original, non-infringing, confidential, exclusive, or suitable for Customer’s intended use.

Customer is responsible for determining whether Outputs may be used, protected, submitted, disclosed, or relied on.

Due to the nature of software, automation, templates, AI systems, common source materials, common regulatory language, and common professional workflows, the Services may produce similar or repeated Outputs for different customers or users.

Customer has no claim against Atlensa arising from similar, repeated, overlapping, or nonexclusive Outputs.

Customer is solely responsible for all final use of Outputs, including editing, approving, certifying, submitting, filing, publishing, sharing, or relying on Outputs.

Customer must ensure that Outputs are reviewed by qualified professionals and modified as necessary before use.

Customer assumes all risks associated with final reports, deliverables, submissions, decisions, and actions involving Outputs.

Atlensa is not responsible for any edits, modifications, additions, deletions, interpretations, submissions, certifications, signatures, seals, approvals, representations, warranties, or reliance by Customer or any third party.

Atlensa is not responsible for the consequences of Customer’s use of Outputs in reports, permit applications, agency submissions, client deliverables, contracts, professional opinions, or project decisions.

Atlensa is not responsible for how any agency, regulator, client, landowner, contractor, developer, reviewer, consultant, professional, court, tribunal, or third party responds to any Output, report, submission, or deliverable.

Atlensa does not guarantee acceptance, approval, reduced comments, reduced rework, faster review, favorable treatment, project feasibility, or any other response or outcome.

Atlensa’s collection, use, storage, and disclosure of personal information is governed by Atlensa’s Privacy Policy, which is incorporated into these Terms by reference.

Customer is responsible for reviewing the Privacy Policy and ensuring that Customer’s use of the Services complies with applicable privacy laws and Customer’s obligations to Users, clients, employees, contractors, and third parties.

Atlensa will use commercially reasonable administrative, technical, and organizational measures designed to protect the Services and Customer Data in Atlensa’s possession or control, including access controls designed to restrict access to nonpublic Customer Data on a least-privilege and need-to-know basis.

Security measures may vary based on the nature of the Services, the type of account, the subscription plan, the maturity of the product, whether the Services are beta or production, and applicable written agreements.

Customer acknowledges that no system, network, software, transmission, storage method, or security measure is completely secure.

Atlensa does not guarantee that the Services or Customer Data will be uninterrupted, error-free, immune from unauthorized access, or free from security incidents.

Customer uses the Services at its own risk and is responsible for maintaining appropriate safeguards on Customer’s own systems, accounts, devices, networks, and workflows.

Atlensa may use subprocessors, vendors, contractors, cloud providers, AI providers, infrastructure providers, analytics providers, support providers, security providers, and other service providers to provide, secure, support, improve, and operate the Services.

Customer authorizes Atlensa to use such providers, subject to Atlensa’s Privacy Policy and any applicable data processing agreement.

Atlensa may add, remove, or change providers from time to time.

If Atlensa becomes aware of a security incident affecting Customer Data and determines that notice is required by applicable law or a binding written agreement, Atlensa will provide notice as required.

Customer is responsible for promptly notifying Atlensa of any suspected unauthorized access, account compromise, credential exposure, or misuse involving the Services.

Customer must cooperate with Atlensa in investigating and mitigating security incidents.

Customer is responsible for:

1. securing its accounts, credentials, devices, networks, integrations, and systems;
2. managing User access and permissions;
3. promptly removing access for former employees, contractors, or unauthorized users;
4. maintaining backups;
5. using appropriate administrative, technical, and physical safeguards;
6. complying with Customer’s own security policies and legal obligations;
7. promptly notifying Atlensa of suspected security issues.

Atlensa is not responsible for security issues caused by Customer’s systems, Users, credentials, integrations, configurations, instructions, or failure to follow reasonable security practices.

To the extent Atlensa processes personal information contained in Customer Data on behalf of Customer, Customer is the controller or business responsible for determining the purposes and means of such processing, and Atlensa acts as a processor, service provider, or comparable role under applicable privacy laws. Customer instructs Atlensa to process such personal information only as necessary or reasonably useful to provide, operate, secure, support, improve, test, validate, debug, maintain, and develop the Services; generate, analyze, and deliver Outputs; comply with law; enforce these Terms; prevent fraud, abuse, security incidents, and misuse; and perform the other processing activities permitted by these Terms and Atlensa’s Privacy Policy. The nature and purpose of the processing are the provision, operation, security, support, improvement, testing, validation, maintenance, and development of the Services; the types of personal information processed are the personal information included in Customer Data, Inputs, Outputs, user interactions, account information, usage information, and related service data submitted to or generated through the Services; and the duration of processing is for the term of Customer’s use of the Services and thereafter as permitted by these Terms, the Privacy Policy, applicable law, backup, security, audit, legal, and retention requirements, or any written agreement between the parties. Atlensa will require persons authorized to process such personal information to be subject to confidentiality obligations or professional duties, will use commercially reasonable administrative, technical, and organizational safeguards designed to protect such personal information, may use subprocessors and service providers as permitted by these Terms, and will remain responsible for using such subprocessors in a manner consistent with these Terms. Upon Customer’s written request and subject to applicable law, technical feasibility, backup systems, legal retention obligations, and Atlensa’s rights under these Terms, Atlensa will reasonably assist Customer with requests to access, correct, delete, export, or restrict personal information contained in Customer Data, and will delete, return, anonymize, or retain such personal information after termination in accordance with these Terms, the Privacy Policy, applicable law, and Atlensa’s standard retention practices.

The Services may use, depend on, integrate with, link to, or make available Third-Party Services, including AI models, APIs, hosting providers, cloud platforms, analytics tools, data sources, agency websites, public databases, regulatory materials, payment processors, communication tools, GIS tools, and other third-party systems.

Atlensa does not control Third-Party Services and may change, replace, suspend, or discontinue use of any Third-Party Service at any time.

Customer’s use of Third-Party Services may be subject to third-party terms, policies, restrictions, fees, or limitations.

The Services may reference, retrieve, summarize, process, or analyze public, regulatory, agency, legal, technical, environmental, or third-party materials.

Such materials may be incomplete, outdated, inaccurate, delayed, unavailable, inconsistent, or subject to interpretation. Atlensa does not guarantee the accuracy, completeness, timeliness, authority, or applicability of any external information.

Customer is solely responsible for verifying external information against official sources, applicable law, agency guidance, project-specific facts, and qualified professional judgment.

Customer agrees to comply with all terms, policies, and requirements applicable to Third-Party Services used in connection with the Services.

Atlensa is not responsible for Customer’s violation of third-party terms or for any action taken by a third party in connection with Customer’s use of Third-Party Services.

If a Third-Party Service becomes unavailable, restricted, modified, or discontinued, Atlensa may modify, suspend, or discontinue affected features without liability.

To the maximum extent permitted by law, Atlensa is not liable for any loss, damage, cost, delay, error, omission, claim, interruption, unavailability, change, restriction, or failure arising from or relating to Third-Party Services or external materials.

This includes third-party AI model behavior, hosting outages, API changes, vendor restrictions, public-data errors, agency-website changes, regulatory-source limitations, inaccurate third-party information, or changes in third-party terms.

Customer’s use of Third-Party Services and external materials is at Customer’s own risk.

Customer will pay all fees, charges, and other amounts owed for the Services as stated in the applicable Order Form, subscription page, invoice, statement of work, pricing page, written agreement, or other Atlensa-approved ordering document.

Unless Atlensa expressly agrees otherwise in writing, all fees are due in advance, are payable in U.S. dollars, and are non-cancelable once the applicable subscription, order, pilot, trial conversion, professional services engagement, or other paid access period begins.

Customer authorizes Atlensa and its payment processors to charge all applicable fees, taxes, overages, usage-based fees, renewal fees, and other amounts owed using Customer’s selected payment method. Customer must keep accurate billing, payment, and contact information on file.

Atlensa may invoice Customer directly or process payments through third-party payment processors. Customer’s use of a third-party payment processor may be subject to that processor’s separate terms and policies.

Access to the Services may be offered through subscription plans, seat-based plans, usage-based plans, enterprise plans, pilot plans, trial plans, beta programs, API plans, custom pricing arrangements, or other commercial structures determined by Atlensa.

Atlensa may impose limits on usage, seats, users, projects, files, storage, processing volume, API calls, document pages, output generation, model usage, data retention, support access, integrations, features, or other aspects of the Services.

Atlensa may monitor Customer’s usage to verify compliance with applicable limits. If Customer exceeds applicable limits, Atlensa may charge additional fees, require Customer to upgrade, limit usage, suspend access, or take other reasonable action.

Unused usage, credits, seats, processing capacity, complimentary access, or promotional benefits do not roll over unless Atlensa expressly states otherwise in writing.

Atlensa may offer trials, pilots, beta access, early access, proof-of-concept access, complimentary access, discounted access, promotional pricing, or other limited-use access on terms determined by Atlensa.

Such access may be subject to separate written terms, usage limits, time limits, product limits, support limits, confidentiality restrictions, feedback obligations, or conversion requirements.

Atlensa may modify, limit, suspend, or terminate trial, pilot, beta, early-access, complimentary, or promotional access at any time, with or without notice, unless expressly stated otherwise in a signed written agreement.

Unless Atlensa expressly agrees otherwise in writing, trials, pilots, beta access, early access, complimentary access, and promotional access do not create any obligation for Atlensa to continue providing the Services, release any product, maintain any feature, provide support, or offer future pricing.

Subscriptions may renew automatically for successive renewal terms unless Customer cancels in accordance with the applicable Order Form, subscription settings, written agreement, or Atlensa’s then-current cancellation process.

Customer must cancel before the renewal date to avoid renewal charges. Cancellation will generally take effect at the end of the then-current subscription term unless Atlensa states otherwise in writing.

Atlensa may change pricing, plan structures, features, limits, renewal terms, or billing methods for future subscription periods by providing notice through the Services, by email, by invoice, through an account page, or by other reasonable means.

Customer’s continued use of the Services after a renewal, pricing change, plan change, or billing change constitutes acceptance of the applicable updated terms.

Fees are exclusive of taxes unless expressly stated otherwise. Customer is responsible for all taxes, duties, levies, assessments, withholding taxes, sales taxes, use taxes, value-added taxes, goods and services taxes, and similar governmental charges arising from or relating to the Services, excluding taxes based on Atlensa’s net income.

If Atlensa is required to collect or remit taxes, Atlensa may add such taxes to Customer’s invoice or charge them to Customer’s payment method.

Customer must provide valid tax exemption documentation before the applicable transaction if Customer claims exemption from any tax.

If Customer fails to pay any amount when due, Atlensa may charge late fees or interest at the lesser of 1.5% per month or the maximum rate permitted by law.

Customer will reimburse Atlensa for reasonable costs of collection, including attorneys’ fees, collection agency fees, court costs, and internal collection expenses.

Atlensa may suspend, restrict, downgrade, or terminate access to the Services for nonpayment, failed payment authorization, chargebacks, billing disputes not made in good faith, or other payment issues.

Suspension for nonpayment does not relieve Customer of its obligation to pay amounts due.

Except as expressly required by law or expressly stated in a signed written agreement by Atlensa, all fees are non-refundable.

Atlensa does not provide refunds, credits, or offsets for partial subscription periods, unused seats, unused usage, unused credits, unused features, cancelled subscriptions, downgraded plans, service interruptions, Customer dissatisfaction, changes in Customer’s needs, or Customer’s failure to use the Services.

Beta, trial, pilot, proof-of-concept, early-access, preview, experimental, limited-release, complimentary, or pre-release Services are provided for evaluation, testing, feedback, validation, and internal assessment only.

Customer acknowledges that such Services may be incomplete, unstable, untested, inaccurate, unavailable, unsupported, or subject to material changes.

Customer must not rely on beta, trial, pilot, or early-access Services for production, final, regulated, professional, agency-facing, client-facing, or mission-critical use unless Atlensa expressly permits such use in writing.

Atlensa may change, limit, suspend, discontinue, reset, restrict, or terminate beta, trial, pilot, or early-access Services at any time, with or without notice.

Atlensa may delete or reset data, limit features, alter workflows, change models, impose usage caps, remove access, or stop development of such Services without liability.

Customer has no right to continued access to any beta, trial, pilot, or early-access Service unless expressly stated in a signed written agreement.

Beta, trial, pilot, and early-access Services are provided “as is,” “as available,” and “with all faults.”

Unless expressly stated in a signed written agreement, Atlensa makes no warranties, service-level commitments, uptime commitments, support commitments, security commitments, performance commitments, retention commitments, or availability commitments for such Services.

Atlensa is not responsible for losses arising from Customer’s use of or inability to use beta, trial, pilot, or early-access Services.

Customer may provide feedback, comments, suggestions, requests, ideas, bug reports, evaluation notes, performance information, product observations, workflow comments, or other information relating to beta, trial, pilot, or early-access Services.

Customer grants Atlensa a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, transferable license to use, copy, modify, distribute, disclose, commercialize, and otherwise exploit such feedback for any purpose without restriction, attribution, payment, or obligation to Customer.

Atlensa may use feedback to improve, modify, develop, market, price, support, or discontinue current or future products and services.

Atlensa has no obligation to release, commercialize, maintain, support, or continue any beta, trial, pilot, early-access, experimental, planned, discussed, demonstrated, or previewed feature.

Customer acknowledges that any roadmap, demo, prototype, pilot, preview, proposal, product description, or discussion of future functionality is not a promise, warranty, or binding commitment.

Atlensa owns and retains all right, title, and interest in and to the Services, Platform, software, source code, object code, APIs, workflows, templates, systems, models, prompts, methods, databases, algorithms, rulesets, regulatory structures, user interfaces, designs, documentation, know-how, inventions, processes, improvements, modifications, derivative works, usage data, aggregated data, de-identified data, and all related intellectual property rights.

No rights are granted to Customer except the limited rights expressly stated in these Terms or a signed written agreement.

Customer must not copy, modify, adapt, translate, reproduce, distribute, sell, sublicense, reverse engineer, decompile, disassemble, reconstruct, extract, or create derivative works from any Atlensa intellectual property except as expressly permitted in writing.

As between Customer and Atlensa, Customer retains ownership of Customer Data, subject to the licenses and rights granted to Atlensa under these Terms.

Customer’s ownership of Customer Data does not give Customer ownership of the Services, Platform Content, Atlensa technology, Atlensa workflows, Atlensa templates, Atlensa models, Atlensa prompts, Atlensa methods, Atlensa databases, Atlensa systems, or any Atlensa improvements.

Subject to Customer’s compliance with these Terms and payment of all applicable fees, Atlensa grants Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the applicable term solely for Customer’s internal business purposes and ordinary permitted professional workflows.

Customer may use Outputs as permitted by these Terms, but Customer may not provide third parties with access to the Services, resell the Services, embed the Services into third-party offerings, or use the Services for unauthorized commercial purposes without Atlensa’s written consent.

If Customer or any User provides feedback, ideas, requests, suggestions, comments, improvements, error reports, product observations, or similar information relating to the Services, Atlensa may use such feedback without restriction or obligation.

Customer grants Atlensa a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, transferable license to use, copy, modify, distribute, disclose, commercialize, and otherwise exploit such feedback for any purpose.

Atlensa will own all improvements, modifications, derivative works, products, services, features, workflows, templates, methods, systems, and other developments created from or relating to such feedback.

Atlensa’s names, logos, product names, service names, trademarks, trade dress, branding, and related marks are owned by Atlensa or its licensors.

Customer may not use Atlensa’s names, logos, trademarks, branding, or marks without Atlensa’s prior written consent.

Atlensa may identify Customer as a customer or user of the Services, including by using Customer’s name and logo in customer lists, websites, pitch materials, and marketing materials, unless Customer prohibits such use in writing or a signed agreement states otherwise.

All rights not expressly granted to Customer are reserved by Atlensa.

No license, right, title, or interest is granted by implication, estoppel, course of dealing, course of performance, or otherwise.

Each party may receive Confidential Information from the other party in connection with the Services.

Confidential Information includes nonpublic business, technical, financial, product, customer, project, pricing, security, operational, strategic, and other information that is marked confidential or reasonably should be understood to be confidential.

Atlensa Confidential Information includes the Services, Platform Content, software, workflows, prompts, models, methods, templates, documentation, pricing, roadmaps, security information, product plans, technical information, and nonpublic business information.

Customer Confidential Information may include nonpublic Customer Data and Customer business information, subject to Atlensa’s rights under these Terms.

Each party will use reasonable care to protect the other party’s Confidential Information from unauthorized use or disclosure.

The receiving party may use Confidential Information only for purposes related to these Terms, the Services, or the applicable business relationship. Atlensa may use Customer Confidential Information, including nonpublic Customer Data, for product improvement, testing, validation, evaluation, security, debugging, maintenance, support, and service development only as permitted under Section 9 and subject to Atlensa’s confidentiality, security, and access-control obligations under these Terms.

The receiving party must not disclose Confidential Information to any third party except as permitted by these Terms or with the disclosing party’s written consent.

The receiving party may disclose Confidential Information to its employees, contractors, advisors, attorneys, accountants, affiliates, service providers, investors, potential investors, financing sources, acquirers, potential acquirers, and representatives who need to know the information and are subject to confidentiality obligations or professional duties.

Notwithstanding the foregoing, Atlensa will not disclose nonpublic Customer Data to investors, potential investors, financing sources, acquirers, potential acquirers, or other corporate transaction parties except in aggregated, de-identified, or anonymized form, unless disclosure of limited Customer Data is reasonably necessary for legal, security, compliance, audit, diligence, or transaction purposes and the recipient is subject to confidentiality obligations reasonably protective of the Customer Data.

Atlensa may disclose Customer Confidential Information to service providers, subprocessors, vendors, contractors, and other parties as necessary or useful to provide, secure, support, improve, operate, or enforce the Services, subject to these Terms and applicable privacy obligations.

Confidential Information does not include information that the receiving party can show:

1. is or becomes publicly available without breach of these Terms;
2. was known by the receiving party before disclosure without confidentiality restriction;
3. is received from a third party without breach of a confidentiality obligation; or
4. is independently developed without use of the disclosing party’s Confidential Information.

The receiving party may disclose Confidential Information if required by law, court order, subpoena, regulator, agency request, or other legal process.

Where legally permitted and reasonably practicable, the receiving party will provide notice to the disclosing party before disclosure so that the disclosing party may seek protective treatment.

The receiving party will disclose only the portion of Confidential Information legally required to be disclosed.

Upon termination of the applicable relationship or upon written request, the receiving party will return or destroy the disclosing party’s Confidential Information, subject to ordinary-course backups, legal retention requirements, security records, dispute records, audit records, and copies retained under these Terms.

Atlensa is not required to delete aggregated, de-identified, diagnostic, usage, performance, or derivative information that Atlensa is permitted to retain under these Terms.

Confidentiality obligations survive termination for five years, except that trade secrets remain protected for so long as they remain trade secrets under applicable law, and nonpublic Customer Data remains protected for so long as Atlensa retains such Customer Data.

Atlensa may provide support through email, in-product tools, documentation, chat, scheduled calls, customer success personnel, or other methods determined by Atlensa.

Unless expressly stated in a signed written agreement, Atlensa does not guarantee any support channel, response time, resolution time, support availability, or support outcome.

Support may vary based on Customer’s plan, subscription level, product type, access type, account status, payment status, and Atlensa’s internal policies.

Atlensa may perform scheduled or unscheduled maintenance, updates, repairs, modifications, upgrades, or other work affecting the Services.

Maintenance may result in temporary unavailability, reduced performance, feature changes, data-processing delays, or other limitations.

Atlensa may conduct maintenance with or without prior notice where Atlensa determines that doing so is necessary or appropriate.

The Services may be interrupted, delayed, unavailable, degraded, or impaired due to maintenance, security events, vendor issues, internet issues, cloud-provider issues, third-party service issues, software errors, model-provider issues, data-source issues, force majeure events, legal requirements, or other causes.

Atlensa is not liable for any interruption, delay, unavailability, degradation, or failure of the Services except to the extent expressly required by a signed written agreement.

Atlensa may modify, add, remove, restrict, replace, suspend, discontinue, or reconfigure any feature, workflow, output type, template, data source, integration, model, UI element, API, or other part of the Services.

Atlensa may make such changes for product, technical, business, legal, regulatory, security, vendor, operational, cost, or user-experience reasons.

Customer is not entitled to compensation, refunds, credits, or damages because of feature changes unless expressly stated in a signed written agreement.

Atlensa may impose or change usage limits and technical restrictions, including limits on file size, file type, storage, processing, prompts, outputs, users, seats, projects, API calls, integrations, geographic access, model usage, report generation, and feature access.

Atlensa may throttle, delay, reject, suspend, or block usage that exceeds applicable limits or creates risk to the Services.

Unless Atlensa expressly agrees in a signed written agreement, Atlensa does not guarantee that the Services will be available, uninterrupted, secure, error-free, or timely.

No service-level agreement, uptime guarantee, service credit, support commitment, or availability commitment applies unless expressly stated in a signed written agreement.

Customer represents and warrants that:

1. Customer has full power and authority to enter into and perform under these Terms;
2. Customer and its Users will comply with these Terms and applicable law;
3. Customer has all rights and permissions needed to provide Customer Data and Inputs to Atlensa;
4. Customer Data and Inputs do not infringe, misappropriate, or violate any third-party rights;
5. Customer will not use the Services for unlawful, unauthorized, prohibited, or unsafe purposes;
6. Customer will independently review and verify Outputs before use or reliance;
7. Customer will not represent that Atlensa has approved, certified, guaranteed, or professionally endorsed any Output unless Atlensa expressly states so in writing.

To the maximum extent permitted by law, the Services are provided “as is,” “as available,” and “with all faults.”

Customer uses the Services at its own risk.

Atlensa does not warrant that the Services will meet Customer’s requirements, achieve Customer’s intended results, operate without interruption, be error-free, be secure, or be compatible with Customer’s systems, workflows, clients, projects, or obligations.

To the maximum extent permitted by law, Atlensa disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, availability, and course of performance.

No advice, statement, demo, communication, marketing material, output, support response, or information provided by Atlensa creates any warranty unless expressly stated in a signed written agreement.

Atlensa does not warrant that any Output, report, analysis, review, compliance check, QA/QC flag, inconsistency detection, draft, summary, citation, regulatory reference, or other material generated by or through the Services will be accurate, complete, reliable, current, compliant, accepted, approved, suitable, or fit for any purpose.

Atlensa does not warrant that the Services will detect all errors, omissions, inconsistencies, conflicts, missing information, legal issues, regulatory issues, compliance issues, professional issues, data issues, or project risks.

Atlensa does not warrant any permit approval, agency acceptance, client acceptance, project approval, timeline reduction, cost reduction, revenue increase, business result, or professional outcome.

Atlensa disclaims all warranties relating to AI-generated or AI-assisted Outputs, beta services, trial services, pilot services, early-access services, public data, regulatory data, agency materials, external materials, and Third-Party Services.

Customer acknowledges that such materials and services may be inaccurate, incomplete, delayed, unavailable, outdated, unsupported, experimental, or subject to change.

Customer is solely responsible for verifying all such materials before use or reliance.

To the maximum extent permitted by law, Atlensa will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, enhanced, or similar damages, whether based on contract, tort, negligence, strict liability, statute, warranty, or any other legal theory.

This exclusion applies even if Atlensa has been advised of the possibility of such damages and even if any remedy fails of its essential purpose.

To the maximum extent permitted by law, Atlensa will not be liable for lost profits, lost revenue, lost savings, lost business, lost opportunities, lost goodwill, lost data, data restoration costs, project delays, permitting delays, agency delays, agency rejections, rework costs, resubmission costs, professional fees, client claims, regulatory issues, business interruption, substitute services, or similar losses.

This exclusion applies whether such losses are direct, indirect, incidental, special, consequential, or otherwise characterized.

To the maximum extent permitted by law, Atlensa’s total aggregate liability arising out of or relating to these Terms, the Services, Customer Data, Inputs, Outputs, reports, subscriptions, trials, pilots, beta access, support, or any related matter will not exceed the amounts actually paid by Customer to Atlensa for the Services giving rise to the claim during the three months immediately preceding the event giving rise to liability.

If Customer has not paid Atlensa for the applicable Services, Atlensa’s total aggregate liability will not exceed one hundred dollars ($100).

For free, trial, beta, pilot, proof-of-concept, early-access, complimentary, promotional, experimental, or pre-release Services, Atlensa’s total aggregate liability will not exceed one hundred dollars ($100), to the maximum extent permitted by law.

Multiple claims, events, users, orders, subscriptions, projects, outputs, reports, or theories of liability will not expand the applicable liability cap.

The liability limitations apply collectively to Atlensa and its affiliates, officers, directors, employees, contractors, agents, licensors, vendors, and service providers.

Customer acknowledges that the fees charged for the Services reflect the allocation of risk in these Terms.

The limitations of liability, disclaimers, exclusions, and indemnities are essential elements of the agreement between Customer and Atlensa.

Customer will defend, indemnify, and hold harmless Atlensa and its affiliates, officers, directors, employees, contractors, agents, licensors, vendors, and service providers from and against all claims, demands, actions, proceedings, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to Customer’s or any User’s use of the Services.

Customer will defend, indemnify, and hold harmless Atlensa from and against all claims, damages, liabilities, losses, costs, and expenses arising out of or relating to:

1. Customer Data;
2. Inputs;
3. Customer’s use of Outputs;
4. final reports, deliverables, submissions, filings, applications, certifications, or communications;
5. Customer’s professional, regulatory, legal, business, or project decisions;
6. Customer’s edits, modifications, interpretations, approvals, or reliance;
7. any allegation that Customer Data, Inputs, or Customer’s use of Outputs infringes, misappropriates, or violates third-party rights.

Customer will defend, indemnify, and hold harmless Atlensa from and against claims brought by Customer’s clients, landowners, developers, contractors, agencies, regulators, consultants, employees, users, partners, vendors, or other third parties arising out of or relating to Customer’s use of the Services or Outputs.

This includes claims relating to reports, permits, applications, agency submissions, project delays, rejected materials, professional errors, alleged noncompliance, confidentiality breaches caused by Customer, unauthorized uploads, or Customer’s business activities.

Customer will defend, indemnify, and hold harmless Atlensa from and against claims, damages, liabilities, losses, costs, and expenses arising out of or relating to Customer’s or any User’s violation of applicable law, third-party rights, contractual obligations, professional obligations, confidentiality obligations, privacy obligations, or these Terms.

Atlensa has no indemnification obligation except to the extent expressly stated in a signed written agreement.

No Atlensa indemnity will be implied from these Terms, course of dealing, order documents, marketing materials, support communications, or product descriptions.

Any Atlensa indemnity that is expressly agreed in writing will be subject to all limitations, exclusions, procedures, and liability caps stated in the applicable agreement.

The indemnified party will provide reasonably prompt notice of the claim, reasonably cooperate in the defense, and allow the indemnifying party to control the defense and settlement, provided that the indemnifying party may not settle any claim in a manner that admits fault by the indemnified party or imposes non-monetary obligations on the indemnified party without prior written consent.

Failure to give prompt notice will relieve the indemnifying party of its obligations only to the extent the delay materially prejudices the defense.

These Terms begin when Customer first accesses, uses, registers for, subscribes to, receives, or otherwise interacts with the Services and continue until terminated in accordance with these Terms.

Each subscription, order, pilot, trial, beta access period, early-access period, or professional services engagement will continue for the applicable term stated in the relevant ordering document or access terms.

Customer may stop using the Services at any time.

Termination or cancellation by Customer does not relieve Customer of any obligation to pay fees incurred before termination or any non-cancelable fees for the applicable term.

Unless Atlensa expressly agrees otherwise in writing, cancellation takes effect at the end of the then-current subscription term.

Atlensa may suspend, restrict, or terminate Customer’s access to the Services at any time if Atlensa believes that:

1. Customer or any User violated these Terms;
2. Customer failed to pay amounts due;
3. Customer’s use creates legal, regulatory, security, technical, operational, financial, reputational, or business risk;
4. continued access may harm Atlensa, the Services, other customers, vendors, users, or third parties;
5. Customer provided inaccurate, false, or misleading information;
6. suspension or termination is required by law, legal process, vendor requirements, or third-party platform rules;
7. Atlensa discontinues the applicable Services.

Atlensa may also terminate free, trial, beta, pilot, early-access, promotional, or complimentary access at any time, with or without cause.

Upon termination or expiration, Customer’s right to access and use the Services will end immediately unless Atlensa states otherwise in writing.

Customer must stop using the Services and must not attempt to access the Services after termination.

Termination does not affect Customer’s obligation to pay amounts owed, Atlensa’s rights to enforce these Terms, or any rights or obligations that accrued before termination.

After termination, Atlensa may retain, delete, restrict, anonymize, aggregate, or otherwise process Customer Data in accordance with these Terms, the Privacy Policy, applicable law, and Atlensa’s data-retention practices.

Atlensa may provide Customer with a limited period to export certain Customer Data where commercially reasonable and technically available, but Atlensa has no obligation to preserve Customer Data after termination unless expressly agreed in writing.

Customer is responsible for exporting and backing up Customer Data before termination.

Any provisions that by their nature should survive termination will survive, including provisions concerning fees, payment, Customer responsibilities, disclaimers, AI terms, use restrictions, Customer Data rights, product improvement and testing rights, Outputs, privacy, security, third-party services, intellectual property, confidentiality, warranties, limitations of liability, indemnification, dispute resolution, governing law, and general terms.

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Services, Customer Data, Inputs, Outputs, reports, subscriptions, trials, pilots, beta access, or any related matter will be governed by the laws of the State of Delaware, without regard to conflict-of-law principles.

Subject to any arbitration provision or other dispute-resolution process expressly agreed in writing, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware for any dispute arising out of or relating to these Terms or the Services.

Each party waives any objection to jurisdiction, venue, or inconvenient forum in such courts.

Before filing any lawsuit or other formal proceeding, the parties will attempt in good faith to resolve the dispute through informal discussion.

Either party may begin informal resolution by providing written notice describing the dispute and requested relief.

This informal-resolution requirement does not apply where immediate legal action is reasonably necessary to prevent or address misuse of Confidential Information, intellectual property infringement, data misuse, security harm, unauthorized access, nonpayment, or irreparable injury.

Customer acknowledges that breach of provisions relating to intellectual property, confidentiality, data misuse, security, use restrictions, reverse engineering, competitive use, or unauthorized access may cause irreparable harm for which monetary damages may be inadequate.

Atlensa may seek temporary, preliminary, or permanent injunctive relief in any court of competent jurisdiction without posting bond or proving actual damages, to the extent permitted by law.

To the maximum extent permitted by law, each party knowingly and voluntarily waives any right to a trial by jury in any dispute arising out of or relating to these Terms or the Services.

To the maximum extent permitted by law, Customer and Atlensa agree that any dispute will be brought only on an individual basis and not as a class, collective, consolidated, representative, private attorney general, or similar action.

Customer may not participate as a class representative, class member, or otherwise in any class, collective, consolidated, or representative proceeding against Atlensa.

To the maximum extent permitted by law, any claim by Customer arising out of or relating to these Terms or the Services must be brought within one year after the event giving rise to the claim.

Any claim not brought within that period is permanently barred.

The prevailing party in any action to enforce these Terms may recover reasonable attorneys’ fees, court costs, and other costs of enforcement where permitted by law.

Atlensa may recover collection costs, attorneys’ fees, and related expenses incurred to collect unpaid amounts.

Customer may not assign, transfer, delegate, or sublicense these Terms or any rights or obligations under these Terms without Atlensa’s prior written consent.

Any attempted assignment without consent is void.

Atlensa may assign or transfer these Terms, in whole or in part, without Customer’s consent, including in connection with a merger, acquisition, reorganization, financing, sale of assets, change of control, corporate transaction, or by operation of law.

Atlensa may use affiliates, contractors, vendors, service providers, subprocessors, consultants, and other third parties to provide, secure, support, improve, and operate the Services.

Atlensa remains responsible for its obligations under these Terms, subject to all limitations and exclusions stated in these Terms.

Atlensa will not be liable for any delay, failure, interruption, or nonperformance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, epidemics, pandemics, government action, court orders, regulatory action, power failures, internet failures, cloud-provider failures, vendor failures, model-provider failures, cyberattacks, denial-of-service attacks, supply shortages, or other similar events.

Atlensa may provide notices by email, through the Services, through Customer’s account, by posting on Atlensa’s website, by invoice, or by other reasonable means.

Customer notices to Atlensa must be sent to the contact information stated in these Terms or another address designated by Atlensa in writing.

Notices are deemed given when sent, posted, or made available, unless applicable law requires otherwise.

These Terms, together with any applicable Order Form, signed written agreement, Privacy Policy, data processing terms, acceptable use policy, and incorporated terms, constitute the entire agreement between Customer and Atlensa regarding the Services.

These Terms supersede all prior or contemporaneous proposals, discussions, understandings, marketing materials, demos, presentations, emails, messages, and other communications regarding the Services, except to the extent expressly stated in a signed written agreement.

If there is a conflict among documents, the following order controls unless a signed written agreement expressly states otherwise:

1. signed enterprise agreement or master services agreement;
2. data processing addendum or security addendum for its subject matter;
3. applicable Order Form or statement of work;
4. these Terms;
5. policies, documentation, website materials, and product descriptions.

Non-binding LOIs, proposals, demos, pitch materials, marketing pages, and informal communications do not override these Terms unless expressly incorporated into a signed written agreement.

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, severed.

The remaining provisions will remain in full force and effect.

Atlensa’s failure or delay in enforcing any provision of these Terms does not waive its right to enforce that provision or any other provision later.

A waiver is effective only if in writing and signed by Atlensa.

These Terms are for the benefit of Customer and Atlensa only.

No other person or entity has any rights under these Terms unless expressly stated in a signed written agreement.

The parties are independent contractors.

These Terms do not create a partnership, joint venture, agency, fiduciary relationship, employment relationship, franchise, or exclusive relationship between Customer and Atlensa.

Customer has no authority to bind Atlensa or make representations on Atlensa’s behalf.

Customer must comply with all applicable export control, sanctions, anti-boycott, and trade compliance laws.

Customer must not access or use the Services in any jurisdiction or by any person where such access or use is prohibited by law.

Customer represents that it is not located in, organized under the laws of, or ordinarily resident in any embargoed or restricted jurisdiction, and is not listed on any restricted-party list.

Questions, notices, and legal communications relating to these Terms may be sent to:

Atlensa may update its contact information by posting updated information through the Services or on its website.

Environmental report automation features are intended to assist with drafting, organizing, reviewing, and preparing environmental report materials.

Customer is solely responsible for ensuring that any environmental report, draft, deliverable, or related material is reviewed by qualified professionals and complies with applicable law, guidance, client requirements, agency requirements, and professional standards before use.

Atlensa does not prepare final environmental reports on Customer’s behalf unless expressly agreed in a signed written agreement.

QA/QC and inconsistency review features may identify potential issues, discrepancies, conflicts, missing information, or inconsistencies across documents, data, report sections, or other materials.

Such features are not exhaustive and may fail to identify some issues. They may also identify issues that are not material, relevant, or correct.

Customer is solely responsible for evaluating, confirming, resolving, or disregarding QA/QC findings.

Compliance and regulatory review features are intended to assist with identifying, organizing, summarizing, or checking potentially relevant requirements.

Atlensa does not guarantee that any compliance or regulatory review is accurate, complete, current, jurisdictionally correct, or sufficient for any project.

Customer must verify all requirements against official sources, applicable law, agency guidance, site-specific facts, and qualified professional judgment.

Permitting and agency workflow features may assist with document preparation, application support, agency comment tracking, response drafting, workflow organization, and related tasks.

Atlensa does not control agencies, regulators, reviewers, timelines, comments, requirements, review standards, or outcomes.

Customer is solely responsible for all agency submissions, communications, responses, certifications, representations, and project decisions.

API, integration, and enterprise features may be subject to separate limits, documentation, authentication requirements, security requirements, rate limits, usage restrictions, audit rights, implementation requirements, and fees.

Customer is responsible for all activity using its API keys, tokens, credentials, integrations, and connected systems.

Atlensa may modify, limit, suspend, or revoke API or integration access where Atlensa determines that such action is necessary or appropriate for security, legal, operational, technical, vendor, or business reasons.

Atlensa may release additional products, modules, features, workflows, integrations, services, or tools in the future.

Such future products may be governed by these Terms, product-specific terms, separate ordering documents, or other terms provided by Atlensa.

Atlensa may require Customer to accept additional terms before accessing future products or features.