Terms & Conditions

Last updated: 1/12/2019

Terms of website use

Our legals

These terms of use (together with the documents referred to in it) tell you the terms of use on which you may make use of our atellio platform (platform), whether as a guest or a registered user. Use of our platform includes accessing, browsing, or registering to use our platform.

Please read these terms of use carefully before you start to use our platform, as these will apply to your use of our platform. We recommend that you print a copy of this for future reference.

By using our platform, you confirm that you accept these terms and that you agree to comply with them and that these terms as modified from time to time form the basis of a contract between you and us.

If you do not agree to these terms of use, you must not use our platform.

Other applicable terms

These terms of use refer to and are deemed to incorporate the following additional terms, which also apply to your use of our platform:

Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our platform. When using our platform, you must comply with this Acceptable Use Policy;

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our platform, you consent to such processing and you warrant that all data provided by you is accurate; and

Our Cookie Policy, which sets out information about the cookies on our platform.

Information about us

Atellio, Inc. is a corporation incorporated and registered in Delaware whose registered office is at Corporation Trust Center, 1209 Orange Street, Wilmington, New Castle County, Delaware, 19801 and a wholly owned subsidiary of Easle Limited (Easle) a limited company registered in England and Wales under company number 09482126 and with its registered office at 3 Bunhill Row, London EC1Y 8YZ. Atellio, Inc is we/us.

Changes to these terms

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our platform

We may update our platform from time to time, and may change the content at any time. However, please note that any of the content on our platform may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our platform, or any content on it, will be free from errors or omissions.

How our platform works

Atellio is a software as service (Service) operation which provides online tools whereby businesses (each a Client) who have registered to be a business user of Atellio via our platform manage their relationships with the talent they work with or propose to work with. Each Client agrees to take and pay for our Service on the basis of these terms of service under which that Client obtains a non-exclusive, non-transferable right, without the right to grant sublicences, to permit named and identified individuals (Authorised Users) to use the Service and the documentation available via our platform (Documentation) during each period for which that Client shall have paid subscriptions solely for the purposes of the Client’s business operations.

To register as a Client with Atellio you have to register on our platform and set up an account by clicking here and provide us with your telephone number and email address and other information which we believe to be necessary for our use. From time to time we may require you to provide other and/or further information in order to continue to use our platform as a Client. By registering as a Client, you confirm that you are operating as a business and that you understand these terms and conditions.

We set out subscription information on our platform or otherwise agree directly with you. Subscriptions are based on number of Authorised Users and your likely usage of our platform.

Sales Tax. All subscription fees are exclusive of taxes which we will charge in addition where applicable. You agree to pay any taxes applicable to your use of our platform or services including VAT and GST.

When creating your account, you must provide accurate and complete information.

We do not guarantee that our platform, or any content on it, will always be available or be uninterrupted. Access to our platform is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our platform without notice. We will not be liable to you if for any reason our platform is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our platform.

You are also responsible for ensuring that all of your authorised users who access our platform through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.

You will not enable access to our platform by any individual who is not an Authorised User.

Our platform is run from the United Kingdom and from the State of California. We do not represent that content available on or through our platform is appropriate or available in other locations. We may limit the availability of our platform or any service or product described on our platform to any person or geographic area at any time. If you choose to access our platform from any place other than the United Kingdom and the State of California, you do so at your own risk.

Authorised Users

In relation to each Authorised User, you agree that:

  • the maximum number of Authorised Users that you authorise to access and use the Service and the Documentation shall not exceed the number of User subscriptions you have purchased from time to time;
  • you will not allow any User subscription to be used by more than one individual Authorised User unless that subscription has been reassigned in its entirety to another individual Authorised User, in which case the prior Authorised User shall no longer have any right to access or use the Service and/or Documentation;
  • you will ensure that each Authorised User shall keep a secure password for his use of the Services and Documentation, that such password shall be changed no less frequently than THREE MONTHLY and that each Authorised User shall keep his password confidential;
  • you will maintain a written, up to date list of current Authorised Users and provide such list to us within 5 Business Days of our written request at any time or times; and
  • in the event that more Authorised Users are accessing our platform at any time than the number of User Subscriptions then in force you will pay for additional User Subscriptions to make up such difference.

Security

If you or any of your Authorised Users choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you and they must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or one of your registered users or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@atellio.com.

You agree that you will be solely responsible (to us, and to others) for all activity that occurs under your Atellio account with us.

Intellectual property rights - Atellio

We are the owner or the licensee of all intellectual property rights in our platform and the software you access via our platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Our status as the authors of content on our platform must always be acknowledged.

If you print off, copy or download any part of our platform in breach of these terms of use, your right to use our platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

The rights which you licence to us are specified under the heading “Rights you Licence” below.

Your use of our platform

You agree that you will not except as may be allowed by any applicable law which is incapable of exclusion by agreement between us:

  • (i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the software used in or in connection with the platform (Software) and/or Documentation (as applicable) in any form or media or by any means; or
  • (ii) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
  • (iii) access all or any part of the Service and Documentation in order to build a product or service which competes with the Service and/or the Documentation; or
  • (iv) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Service and/or Documentation available to any third party except the Authorised Users, or
  • (v) attempt to obtain, or assist third parties in obtaining, access to the Services and/or Documentation.

No reliance on information

The content on our platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our platform.

Although we make reasonable efforts to update the information on our platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our platform is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the law of the State of California.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our platform or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our platform; or
  • use of or reliance on any content displayed on our platform; or
  • downloading or copying or other use of any material uploaded onto our platform; or
  • any act or omission or failure on the part of any payment provider we use (Stripe).

Please note that in particular but without limitation, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our platform or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Our liability to you as our Client is in any event to the maximum extent permitted by law limited to the amount of your annual subscriptions paid to us in respect of your access to the Atellio Service.

Uploading content to our site

Whenever you make use of the feature that allows you to upload content to our site, or to make contact with us and/or other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to any open part of our platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the platform a limited licence to use, store and copy that content. The rights you license to us are described in the next paragraph (Rights you licence).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our platform constitutes a violation of their intellectual property rights, or of their right to privacy or is otherwise illegal for any reason.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.

We have the right to remove any posting you make on our platform if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on our platform do not represent our views or values.

You are solely responsible for securing and backing up your content.

Rights you license

When you upload or post content to any open part of our site, you grant the following licences:

  • to us, a worldwide, non-exclusive, royalty-free, transferable, indefinite licence (with right to sub-license) to use, reproduce, distribute, prepare derivative works of and display in connection with the provision of the content via the platform and otherwise in connection with the our business, including without limitation for promoting our platform in any media formats and through any media channels; and

to each user of the site, a worldwide, non-exclusive, royalty-free licence to access your content through the site, and to use such content to the extent permitted by the functionality of the platform and under these terms.

The above licences granted by you are perpetual and irrevocable.

Viruses

We do not guarantee that our platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software. You must not misuse our platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our platform is stored or any server, computer or database connected to our site. You must not attack our platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our platform will cease immediately.

Client data

You will own all right, title and interest in and to all of your data that is not personal data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of all such data.

We will follow our normal archiving procedures for data. In the event of any loss or damage to your data, your sole and exclusive remedy against us shall be for us to use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up maintained by us in accordance with our archiving procedure. We shall not be responsible for any loss, destruction, alteration or disclosure of data caused by any third party.

We shall, in providing the Service, comply with our Privacy Policy available on our platform as such document may be amended from time to time by us in our sole discretion.

We and you will comply with all applicable requirements of the Data Protection Legislation.

You acknowledge that:

if we process any personal data on your behalf you are the data controller and we are the data processor for the purposes of the Data Protection Legislation; and you will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of that personal data to us so that we may lawfully use, process and transfer that personal data on your behalf.

Linking to our platform

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our platform in any website that is not owned by you. Our platform must not be framed on any other site, nor may you create a link to any part of our platform other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. If you wish to make any use of content on our platform other than that set out above, please contact partnerships@atellio.com.

Third party links and resources in our site

Where our platform contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

Applicable law

These terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by the laws of the State of California. We both agree to the exclusive jurisdiction of the courts of the State of California.

Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

How we will use your personal information.

Please also see our privacy policy here.

We will use the personal information you provide to us:

  • for the purposes of your use of the site;
  • to process any payment from you;
  • for any purpose as referred to in these terms of business or in our privacy policy, acceptable use policy or cookie policy;

if you agreed to this during the account opening process or otherwise, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.

By registering as a Client you consent to us identifying your organisation as a client of Easle and Atellio whether on our website or otherwise.

We will only give your personal information to other third parties where the law either requires or allows us to do so or in circumstances permitted under these terms of use, our privacy policy, our acceptable use policy or our cookie policy.

Ending your relationship with Easle or Atellio

These terms will continue to apply until terminated by either you or us as set out below.

If you want to terminate your legal agreement with us, you may do so by (a) notifying us at any time and (b) closing your account with us. Your notice should be sent, in writing, to 3 Bunhill Row, London EC1Y 8YZ.

We may at any time terminate our legal agreement with you if:

  • we give you thirty days’ notice by email that you have registered to your account; or
  • you have breached any provision of the terms including but not limited to failing to pay applicable subscriptions or to provide us with an effective method for payment satisfactory to us (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or
  • we are required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
  • we are no longer providing access to the platform to users in the country in which you are resident or from which you access the site; or
  • the provision of the platform is, in our opinion, no longer commercially viable.

When these terms come to an end, all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time whilst the terms have been in force) or which are expressed to continue indefinitely (including without limitation licences which you provide), shall be unaffected by this cessation.