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OUR TERM OF USE

Read about our Terms of Use, and how it
affects your business

Terms of Service

INTRODUCTION, INTERPRETATION AND DEFINITIONS

1.0 Introduction

These Terms of Service ("Terms") govern your use of our mobile application ("All Talentz Restoration App (ATRA)) and other services provided by All Talentz ("Company", "we", "our", or "us"). These Terms of Service set out the rights and obligations of all users regarding the use of the App and other services. By accessing or using our App, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the App and other services.

1.0 Interpretation

The words in bold have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

1.3 Definitions

For the purposes of these Terms of Service:

  • "Account" means a unique account created for You to access our Service or parts of our Service.
  • "Application" means the All Talentz Restoration Application (ATRA).
  • "Artificial Intelligence" means a set of technologies that enable computers to perform a variety of advanced functions.
  • "Company" (referred to as either "All Talentz LLC", "We", "Us" or "Our" in this Agreement) refers to ALL TALENTZ, a company duly incorporated, carrying on the business of restoration of properties damaged by flood, water or fire.
  • "Country" refers to the United States of America and Canada.
  • "Content" refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • "Device" means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
  • "Feedback" means feedback, innovations, or suggestions sent by You regarding the attributes, performance or features of our Service.
  • "Restoration" means the return of damaged properties to their formal, original, normal and unimpaired condition.
  • "Service" refers to the Website, Mobile Application and other services made available to you by the Company.
  • "Terms of Service" (also referred to as "Terms") mean these Terms of Service that form the entire agreement between You and All Talentz regarding the use of the Service.
  • "Third-party Payment Processor" means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service regarding payment.
  • "Website" refers to ATRA Website, accessible from www.getatra.com
  • "You" means the individual accessing or using the Service, or All Talentz, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. ACKNOWLEDGMENT

2.1 Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service.

2.2 To use the App, you must be 18 years or older and have the legal capacity to enter into a binding contract. By using our app, you represent and warrant that you meet these requirements.

2.3 Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Cookie Policy and Privacy Policy of All Talentz. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

1.4 SCOPE OF SERVICES

The All Talentz Restoration App (ATRA) provides data gathering during field inspection, measurements and dimension capturing, photo and video documentation, floor plan generation, content organization, automated report generation, electronic document signing, customized digital forms, preliminary estimate generation, integration into other insurance industry app and predictive/generative artificial intelligence.

The features of the App include:

  • Motion Tracking: which enables devices to understand and track their position and orientation in the real world.
  • Environmental Understanding: which detects and maps surfaces, allowing virtual objects to interact realistically with the environment.
  • Light Estimation: which estimates lighting conditions to enhance the realism of virtual objects.
  • Augmented Images: which recognizes and tracks images in the environment, thereby triggering augmented reality experiences.

2.0 USER ACCOUNT

2.1 User Information

  • To access certain features of the app, you will be required to create an account and sign up.
  • When You create an account with Us, You must provide Us information (including but not limited to your name, email address, home address, mobile device number, company information and such other information as we may request from time to time (collectively referred to as "User Information") that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
  • You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Payment Processor.
  • You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
  • You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
  • You may only use the Services for your personal or commercial use and on behalf of any third party. Your use of the Services must comply with all applicable laws. If your use of the Services is prohibited by applicable law, then you are not authorized to use the Services. We shall not be responsible if you use the Services in any manner that violates any applicable laws. ATRA reserves the right to immediately terminate your account if found to violate any laws.

2.2 User Data

ATRA collects and uses your data in accordance with our Privacy Policy. By using the App, you consent to the collection and use of your data as described in the Privacy Policy.

2.3 User Conduct

You agree to use Our App only for lawful purposes and in accordance with these Terms. You must not:

  • Use the App in contravention of any applicable law and regulation.
  • Use the App for any illegal or unauthorized purpose.
  • Interfere with or disrupt the operation of the App or servers.
  • Attempt to gain unauthorized access to any portion of the App or any other systems or networks connected to the app.
  • Use the App to harm, threaten, or harass others.
  • Provide false or misleading information.
  • Violate any intellectual property rights of All Talentz Limited or others.

2.4 Service Communications

By creating an account with Us, you automatically sign up for various types of alerts via e-mail and mobile notifications. To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all Services provided to you under these Terms and in connection with your relationship with us (collectively referred to as "Communications"). Anyone with access to your e-mail or mobile device will be able to view these alerts. By accepting and agreeing to these Terms electronically, you represent that: (a) you have read and understand this consent to use electronic signatures and to receive Communications electronically; and (b) your consent will remain in effect until you withdraw your consent as specified below.

Your consent to receive electronic communications will remain in effect until you withdraw it. You may withdraw your consent to receive further communications at any time by contacting us at info@getatra.com. If you withdraw your consent to receive communications electronically, we will close your Account and you will no longer be able to use your Account or the Services, except as expressly provided in these Terms. Any withdrawal of your consent to receive communications electronically will be effective only after we have a reasonable period of time to process your withdrawal from your Account. Please note that withdrawal of your consent to receive communications electronically will not apply to communications electronically provided by us to you before the withdrawal of your consent becomes effective.

In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number by updating your Account on the App.

3.0 CONTENT

3.1 Intellectual Property

Some contents provided through the app, including text, images, and other media, is the property of ATRA or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works based on the content without our explicit permission.

3.2 Your Right to Post Content

Our Service may allow You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

3.3 Content Restrictions

ATRA is not responsible for the content of the App's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including ATRA and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

ATRA reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. ATRA further reserves the right to make formatting and edits and change the manner of any Content. All Talentz can also limit or revoke the use of the App and or the Website if You post such objectionable Content. As ATRA cannot control all content posted by users and/or third parties on the Service, You agree to use the App and other services at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will ATRA be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.

3.4 Content Backups

Although regular backups of Content are performed, ATRA does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

ATRA will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that ATRA has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

4.0 RESTORATION SERVICES

If you submit materials for restoration, you retain ownership of those materials, but you grant us a non-exclusive, royalty-free, worldwide license to use, modify, and display the materials as necessary to provide the services. We will handle all materials with the highest care, but we are not liable for any loss or damage to the materials.

5.0 AI INSPECTION SERVICE

The App utilizes artificial intelligence (AI) technology to make data gathering seamless during the inspection of properties making it intelligent and prescriptive for users. The AI's analysis is based on the information provided by you and is for informational purposes only.

6.0 FEES AND PAYMENTS

Certain features of the app may require payment. All fees are non-refundable unless otherwise stated.

The App will integrate with third-party services for payment processing. Your use of this third-party service is subject to their terms and conditions.

7.0 INTELLECTUAL PROPERTY

ATRA owns all intellectual property rights in the App and other services, including its software, design, and content. You are granted a limited, non-exclusive, non-transferable license to use the App for your personal or business purposes. You may not reproduce, modify, distribute, or create derivative works of the App.

8.0 YOUR FEEDBACK TO US

You assign all rights, title and interest in any Feedback You provide ATRA. If for any reason such assignment is ineffective, You agree to grant ATRA a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

9.0 LIMITATION OF LIABILITY

You hereby indemnify, defend, and hold harmless ATRA and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors, and assigns ("ATRA Indemnified Parties") from and against any and all liability, expenses, costs, or other losses ("Losses") incurred by ATRA and/or All Talentz Indemnified Parties in connection to any claims arising out of your use of the Services and/or any breach by you of these Terms, including the representations, warranties and covenants you made, if any, by agreeing to these Terms. ATRA reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you.

Notwithstanding any damages that You might incur, the entire liability of ATRA and any of its Partners under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable laws, in no event shall All Talentz or its Partners be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if All Talentz or any affiliate has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

10.0 "AS IS" AND "AS AVAILABLE" DISCLAIMER

THE CONTENT AND FUNCTIONALITY ON THE APP AND WEB IS PROVIDED WITH THE UNDERSTANDING THAT ATRA IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE OR SERVICES TO YOU, NO SERVICE CONTENT IS INTENDED TO SERVE AS OR SHALL BE DEEMED REGULATED ADVICE, AND THAT YOU SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR USE OF ALL SERVICE CONTENT AND ACKNOWLEDGE THAT ANY RELIANCE UPON THE SERVICE CONTENT SHALL BE ENTIRELY AT YOUR SOLE OPTION AND RISK. ALL CONTENT AND FUNCTIONALITY ON THE APP IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ATRA AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE APP CONTENTS. ATRA SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON INTEGRATED APPS, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE APP, OR PROVIDED BY THIRD PARTIES. NEITHER ATRA NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

Without limiting the foregoing, neither ATRA nor any of All Talentz's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of All Talentz are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

11.0 CONFIDENTIALITY

All Talentz shall treat as secret and confidential and not at any time or for any reason during or after the expiration or termination of this Agreement disclose or permit to be disclosed to any person, or to otherwise make use of or permit use to be made of any Information whether such confidential information was received during the term of this Agreement or otherwise.

Whilst All Talentz maintains strict confidentiality in all matters relating to your account(s) and business, you hereby authorize and consent to ATRA and its Partners, including its officers, employees, agents and advisers/attorneys to disclose your information to the following parties for any of the following purposes and as where necessary:

  • any member of ATRA and its Partners, including any officer, employee, agent or director; professional advisers, agents or independent contractors providing services to support All Talentz;
  • any person to whom disclosure is allowed or required by local or foreign law, regulation or any other applicable instrument;
  • any court, tribunal, regulator, enforcement agency, exchange body, tax authority, or any other authority (including any authority investigating an offence) or their agents with jurisdiction over ATRA or its Partners;
  • upon a user's death or mental incapacity, your legal representative and their legal advisers, and a member of the user's immediate family for the purpose of allowing him/her to make payment on any of the account(s);
  • any authorized person or any security provider;
  • anyone All Talentz considers necessary in order to provide you with services in connection with a product;

ATRA shall comply with the data protection laws of the United States of America and Canada, and shall take all reasonable measures to comply with global standards and best practices on data protection and policies.

12.0 TERMINATION

All Talentz may terminate your use of the App and other services at any time, for any reason whatsoever, without prior notice or liability, including without limitation if you breach these Terms of Service.

You may terminate your use of the App by deleting it from your device.

13.0 ENTIRE AGREEMENT

These Terms of Service, together with our Privacy Policy and Cookie Policy constitute the entire agreement between you and All Talentz with respect to the Application and other services and supersedes all prior understandings, arrangements, or agreements, whether written or oral, regarding the Services.

14.0 GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the United States of America and Canada.

15.0 CHANGES TO THESE TERMS OF SERVICE

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the App.

16.0 CONTACT US

If you have any questions about these Terms of Service, You can contact us:

By visiting this page on our website: www.getatra.com
By sending us an email: info@getatra.com