Terms of service

Version September 12th, 2024

Atoen B.V., Aton portfolio, Atoen  (“Aton,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.aton.nl

(the “Site”) and through our mobile applications and related technologies (“Mobile Apps”, and collectively, such Mobile Apps and the Site, including any updated or new features, functionality, or technology, the “AtonPlatform”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. We will also notify you, either through the Aton Platform user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Aton Platform or changes made for legal reasons will be effective immediately. Your continued use of the Aton Platform after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ATON ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A COURT OF LAW.

Your use of the Aton Platform, or certain services that are offered through the Aton Platform, may be subject to certain eligibility requirements. In addition, some services offered through the Aton Platform may be subject to additional terms, conditions, agreements, policies, guidelines, rules, or schedules, which are posted on our website or made available separately from these Terms of Service (“Additional Terms”). Additional Terms are incorporated into and form a part of these Terms of Service. If there is a conflict between these Terms of Service and Additional Terms, the Additional Terms will control. Any violation of Additional Terms will constitute a violation of these Terms of Service.

Access and Use of the Aton Platform

Aton Platform: The Aton Platform is designed to enable registered users (“Users”) to store, digitize, share, transfer, insure and otherwise manage their Alternative assets(“Assets”). 

Scope of Aton Services: 

Aton provides a software platform that facilitates the digitization and documentation of objects. Users can upload documentation and add pictures of their assets and create a portfolio collection of their assets. Aton does not offer a marketplace or any opportunity for users to communicate and transact directly with other users on the platform regarding Assets. All transactions occur between parties who know each other personally, outside of the Aton platform.

As the provider of the Aton Platform, Aton does not own, create, sell, resell, provide, manage, offer, or supply any Assets, except for certain Assets that Aton itself owns, sells, resells, provides, manages, offers, or supplies to the Aton Platform (“Aton Assets”). For clarity. Aton’s Assets are not Assets under these Terms of Service, but if you purchase an Aton’s Asset from Aton, the Aton’s Asset becomes your Asset. When Users buy or sell Assets on the Aton Platform, they are entering into a contract directly with each other. You should always exercise due diligence and care when deciding whether to purchase, sell, or share an Asset. Aton is not and does not become a party to or other participant in any contractual relationship between Users for Assets. Aton is not acting as an agent in any capacity for any Users, nor is Aton responsible for the actions or omissions of any Users, or your interactions with other users through the Aton Platform. Aton will have no liability or responsibility with respect to Assets and objects. 

Sellers are fully responsible for the delivery of products in accordance with their own terms of sale. Aton is not accountable for any transaction details, including but not limited to product delivery, quality, or compliance with any agreements made between the buyer and the seller.

Buyers must ensure they are dealing with sellers they know personally. Aton does not verify the identities or qualifications of any users.

Aton provides the option for sellers and buyers to use our Stripe implementation for transactions. This is a convenience feature only and Aton does not act as a middle person in these transactions. A fee, paid by the seller, will be charged for using this service.

Aton charges a fee for the use of our Stripe implementation. This fee is payable by the buyer. The exact amount of the fee will be communicated to the seller at the time of the transaction.9

Disclaimer

Aton provides its Service on an “as is” basis without warranties of any kind. We do not guarantee the accuracy, completeness, or reliability of any data transferred through our platform.

Limitation of Liability

To the maximum extent permitted by law, Aton shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Service; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from our Service.

Escrow Services: You may engage Aton to provide escrow services to facilitate a transaction between you and another Aton customer. Aton does not guarantee the authenticity of any Asset or the reliability of any representation made by either counter party to such transactions. Aton’s fee for providing escrow services is final and not subject to reimbursement, even if the transaction is reversed or canceled. You agree to provide the information and be bound by the procedures Aton uses to facilitate such transactions, as may be updated from time to time.

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Your Registration Obligations: You may be required to register with Aton in order to access and use certain features of the Aton Platform. If you choose to register for the Aton Platform, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by our registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 21 years of age, you are not authorized to use the Aton Platform, with or without registering.

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IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an Aton account, we will / Might ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.

Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your account and password, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Aton of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Aton Platform. Aton will not be liable for any loss or damage arising from your failure to comply with this Section.

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Modifications to Aton Platform: Aton reserves the right to modify or discontinue, temporarily or permanently, the Aton Platform (or any part thereof) with or without notice. You agree that Aton will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Aton Platform.

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General Practices Regarding Use and Storage: You acknowledge that Aton may establish general practices and limits concerning use of the Aton Platform without limitation the maximum period of time that Assets will be retained by the Aton Platform on its servers and the maximum storage space for data or other content that will be allotted on Aton servers on your behalf. You agree that Aton has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Aton Platform on its servers. You acknowledge that Aton reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Aton reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

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Third-Party Providers: Products and services may be provided by us to you directly or by third parties, including links or other access to other sites and resources on the Internet. By authorizing us to perform an action, or process a transaction, you acknowledge and authorize us and our service provider to perform such activity or transaction.  If you enter into a transaction with a third-party provider, you are contracting directly with that third party and not with us. We do not guarantee or ensure the availability or terms of any product or service offered by a third-party provider. We are not responsible in any way for any product or service you obtain from a third-party provider. We do not personally endorse any third-party provider, and we make no guarantee that any information provided through our services or the Aton Platform by any third party is accurate or complete. We have no control over the conduct of, or over any pricing or other information provided by, a third party (including their compliance with applicable law), and we disclaim all liability in this regard.

We use third parties to gather and verify information about your financial accounts, including obtaining your authority and right to access these accounts, as well as manage and initiate transactions involving your accounts. You agree to provide true, accurate, complete, and current information about yourself and your accounts. You authorize us and these third parties to access the websites and sources of your financial accounts, on your behalf, and to gather information about you. You agree to the transfer, storage, and processing of your information by these third parties in accordance with their respective privacy policies. You give us and these third parties a limited power of attorney and appoint us and these third parties as your true and lawful attorney-in-fact, and agent, with full power of substitution and re-substitution, for you and in your name and place, in any capacity, to access third-party websites and sources, servers, or documents, retrieve information, and use this information, with full power and authority, to do anything with the information in connection with our Services. You license to us and these third parties any information, data, passwords, materials, or other content gathered. You agree that we and these third parties may use, modify, display, and distribute this content, create new material with it, and do the same with any new material. We may receive compensation from third-party product and service providers. You understand and agree that the Aton Platform is not endorsed or sponsored by these third parties and that these third parties are third-party beneficiaries of these Terms of Service with respect to the products or services provided by these third parties.

Certain features of your Aton Payment procedure and other payment functionality of the Aton Platform are provided by third parties, including, but not limited to, Stripe, Inc. (“Stripe”). You are required to open an account or accept the terms and conditions of the third party in order to use all or some of these features, including Stripe’s terms and privacy notice and Persona’s privacy notice. Any funds held may be held by a third party or their financial institution partners. You authorize Aton to collect and share with Stripe and Aton’s other third party service providers your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data, as further set forth in our Privacy Policy. You understand that you will access and manage your payments through the Aton Platform, and account notifications will be sent by Aton, and may also be sent by Stripe. Aton provides customer support, and can be reached at support@Aton.nl.

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Affiliate Marketing Programs: When you click on links to various merchants on this site and make a purchase, this can result in this site earning a commission. Affiliate programs and affiliations include, but are not limited to, the eBay Partner Network, auction houses, and Aton partners. 

Identity Verification: You agree to provide such information as we or our third-party providers, including Stripe, may request for purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crimes and permit us or our third-party providers to keep a record of such information. Your access to and use of the Aton Platform, and the limits that apply to the Aton Platform, may be Altered as a result of information collected about you on an ongoing basis. Information requested from you may include your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification, and information regarding external bank accounts, like the name of the bank, account type, routing number, and account number. In some cases, as permitted by law, requested information may include special categories of personal data, such as your biometric information. In providing this or any other information we require, you confirm that the information is accurate and authentic. You agree to update us if any of the information you provide changes. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies, and these agencies may respond to our inquiries in full. Further, you authorize your wireless operator to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to us with your wireless operator account profile information for the duration of our relationship with you. See our Privacy Policy for how we treat your data and the privacy notices of Stripe.

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Consent to Doing Business Electronically: Because our platform operates on the Internet, you consent to transact business with us electronically. You agree that we may provide notices to you by electronic means, for example, by posting it on our website, emailing it to any email address that you have provided us, or sending it as a text message to any mobile phone number that you have provided us. We may also send notices to you by postal mail to any postal address that you have provided us. All notices by any of these methods will be deemed received by you no later than the earlier of when received or posted or 24 hours after sent, except for notice by postal mail, which will be deemed received by you no later than the earlier of when received or 3 business days after it is mailed.

The Aton Platform includes certain services that are available via a mobile device, including (i) the ability to upload content to the Aton Platform or your personal portfolio via a mobile device, (ii) the ability to browse the Aton Platform from a mobile device, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”).  Downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Aton account information to ensure that your messages are not sent to the person that acquires your old number.

You consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including short message service (“SMS”) messages (including text messages), multimedia messaging service (“MMS”), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing systems or automatic texting systems. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one by text.

You consent to receive SMS messages, calls, and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates, or anyone calling on our behalf at the specific numbers you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture, or other means), with information or questions relating to you, your account, or our Services. You acknowledge and agree that standard call, message, data rates, and other fees may apply. Consent to receive SMS messages is not required as a condition of purchase.

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Authorizations: You hereby authorize us and our employees and agents, in relation to your use of the Aton Platform, to, among other things:

  • transactions on the Aton Platform;
  • Instruct Stripe to effect credit and debit in relation to transactions which have been executed and authorized on the Aton Platform or for fees and charges arising from transactions conducted through the Aton Platform, or in relation to transactions which have been reversed;
  • Freeze (or coordinate with Stripe to freeze) further credit or debit due to reasonable suspicion of your breach of these Terms of Service or breach of applicable law; and
  • Use any of your data or information obtained through Stripe for purposes of effecting transactions on the Aton Platform or otherwise and/or share any of your data or information with Stripe. 

You may only withdraw or revoke these authorizations upon closure of your Aton account in accordance with these Terms of Service, except for your right to stop payments or revoke payment authorizations under applicable law. If you instruct Stripe to revoke any of these authorizations prior to the closure of your Aton account, then you will not be entitled to continue using the Aton Platform, and we may immediately terminate and/or cancel your Aton account.

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Payment Methods: We support Ideal payments as well as credit and debit cards, and Apple and Google Pay. There are fees associated with certain payment methods that you agree to pay. We may change or add payment and withdrawal methods from time to time in our sole discretion. These limits are subject to change. Review our FAQs for more details, at support.aton.nl/financial 

Taxes

You are responsible to determine what, if any, taxes apply to the transactions you make or receive through the Aton Platform, and to report and remit those taxes to the appropriate tax authority.

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Fees

Registering for the Aton Platform is free, but we charge certain fees based on various transactions and services made available on the Aton Platform. These fees are outlined on the Aton Platform during their onboarding experience and are available at www.aton.nl/Feepolicy and are incorporated by reference into these Terms of Service (“Fee Policy”). You agree to pay Aton the amount that is specified on the Aton Platform. We reserve the right to change, or discontinue, temporarily or permanently, some or all of such fees (including for promotional events), and such changes are effective when we post information about the changes through the Service. We may also change our Fee Policy at any time and in our sole discretion, and any changes to the Fee Policy are effective upon the posting of such changes to the Site or upon written notice to any user. If you continue using the Aton Platform after notice of any fee change, you agree to the change.

Asset or Aton’s Asset Transactions

For transactions of Assets or Aton’s Assets on the Aton Platform, the seller and buyer are responsible for closing the deal. Aton only supports the payment of the object. For the use of this service, we add a 5% commission fee on top of the amount, which is paid by the buyer. This fee is irrevocable. In addition to these fees, the buyer will also be responsible for any additional payment costs, such as the cost of credit card use or other payment provider fees.

Terms Specific for Sellers

When creating the sale of an Asset on the Aton Platform, you must:

  • provide complete and accurate information about your Asset

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Terms Specific for Buyers

When purchasing Assets or Aton’s Assets on the Aton Platform, you must:

  • read the full asset details before committing to buy,
  • enter into a legally binding contract to purchase an Asset or Aton’s Asset with the seller when you commit to buy an Asset or Aton’s Asset or your offer for an Asset or Aton’s Asset is accepted, and
  • Immediately pay for your purchase. If you don’t have sufficient funds, you must initiate a payment within (3) days of the purchase (“Timely Payment”). If you do not make a Timely Payment, your account may suffer penalties, including possible be suspension. A reinstatement fee may be applied and due upon account reinstatement.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Aton Platform and Aton will have no liability or responsibility with respect thereto. While we may help facilitate the resolution of disputes, Aton does not take ownership of and does not guarantee (i) the quality, suitability, or legality of any Asset, (ii) the truth or accuracy of any Listing descriptions or other User Content, or (iii) the performance or conduct of any User or third party. Aton does not endorse any User, Listing, or Asset. Aton reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Aton Platform.

Conditions of Use

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, documentation, contracts or other materials (“content”) that you upload, post, publish, display (hereinafter, “upload”), email, or otherwise use via the Aton Platform, and represent that you have all necessary rights to such content. The following are examples of the kind of content and/or use that is illegal or prohibited by Aton. Aton reserves the right to investigate and take appropriate legal action against anyone who, in Aton’s sole discretion, violates this provision, including without limitation, removing the offending content from the Aton Platform, suspending or terminating the account of such violators, and reporting you to law enforcement authorities. 

You agree not to use the Aton Platform to:

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a. email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically, or otherwise objectionable; or (vii) in the sole judgment of Aton, is objectionable or which restricts or inhibits any other person from using or enjoying the Aton Platform, or which may expose Aton or its users to any harm or liability of any type;

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b. interfere with or disrupt the Aton Platform or servers or networks connected to the Aton Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Aton Platform;

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c. violate any applicable local, state, national or international law, or other similar requirements having the force of law;

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d. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

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e. solicit personal information from anyone under the age of 18;

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f. harvest or collect email addresses or other contact information of other users from the Aton Platform by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

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g. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

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h. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

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i. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Aton Platform.

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Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Aton Platform and the transmission of applicable data, if any, is subject to United States and European export controls. No Software may be downloaded from the Aton Platform or otherwise exported or re-exported in violation of U.S. & European export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Aton Platform, including as it concerns online conduct and acceptable content.

Mobile Services and Software

Mobile Services: The Aton Platform includes certain services that are available via a mobile device, including (i) the ability to upload content to the Aton Platform via a mobile device, (ii) the ability to browse the Aton Platform and Site from a mobile device, and (iii) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”). To the extent you access the Aton Platform through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Aton and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Aton account information to ensure that your messages are not sent to the person that acquires your old number.

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Mobile App License: Subject to these Terms of Service, Aton hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App on another device on which you also agreed to these Terms of Service. Each instance of these Terms of Service that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device.

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Ownership; Restrictions: The technology and software underlying the Aton Platform or distributed in connection therewith are the property of Aton, its affiliates, and its licensors (including the Mobile Apps, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Aton.

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Special Notice for International Use; Export Controls: Aton is headquartered in the Netherlands. If you access or use the Aton Platform from outside of the Netherlands, you do so at your own risk. Whether inside or outside of the Netherlands, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Aton Platform and the transmission of applicable data, if any, is subject to European export controls. No Software may be downloaded from the Aton Platform or otherwise exported or re-exported in violation of European export laws. Downloading or using the Software is at your sole risk.

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Third-Party Distribution Channels: Aton offers Software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Aton Platform, you agree to comply with all applicable terms of any agreement for such third-party products and services.

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Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

  • Aton and you acknowledge that these Terms of Service are concluded between Aton and you only, and not with Apple Inc. (“Apple”), and that as between Aton and Apple, Aton, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
  • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
  • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.
  • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
  • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Aton’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
  • Aton and you acknowledge that Aton, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
  • In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Aton and Apple, Aton, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
  • You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government or European embargo, or that has been designated by the U.S. or European Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. or European Government list of prohibited or restricted parties.
  • If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to Aton as follows: support@Aton.nl
    Atoen bv, a Dutch company located and registered at Gronausestraat 710, 7534 AM Enschede the Netherlands.
  • You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.
  • Aton and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

Google-Sourced Software: The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms of Service are between you and Aton only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Aton, and not Google, is solely responsible for Aton’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to Aton’s Google-Sourced Software.

Open Source Software: The Software may contain or be provided together with open source software. Each item of open source software is subject to its own license terms, which can be found at: https://support.Aton.nl/licenseterms If required by any license for particular open source software, Aton makes such open source software, and Aton’s modifications to that open source software (if any), available by written request to support@Aton.nl Copyrights to the open source software are held by the respective copyright holders indicated therein.

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Aton Platform may contain content or features, including the Asset Images (“Platform Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Aton, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Aton Platform or the Platform Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Aton Platform. In connection with your use of the Aton Platform you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Aton from accessing the Aton Platform (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Aton Platform or the Platform Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Aton Platform or distributed in connection therewith are the property of Aton, our affiliates, and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Aton.

The Aton name and logos are trademarks and service marks of Aton (collectively the “Aton Trademarks”). Other company, product, and service names and logos used and displayed via the Aton Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Aton. Nothing in these Terms of Service or the Aton Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Aton Trademarks displayed on the Aton Platform, without our prior written permission in each instance. All goodwill generated from the use of Aton Trademarks will inure to our exclusive benefit.

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Third Party Material: Under no circumstances will Aton be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Aton does not pre-screen content, but that Aton and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Aton Platform. Without limiting the foregoing, Aton and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Aton, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

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User Content Transmitted Through The Aton Platform: With respect to the content or other materials you upload through the Aton Platform or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title, and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content, you hereby grant and will grant Aton and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Aton Platform or the promotion, advertising, or marketing thereof, in any form, medium or technology now-known or later developed. You acknowledge that the Asset Images are not your User Content, but you have the right to use and share Asset Images in connection with your Listings.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Aton Platform (“Submissions”), provided by you to Aton are non-confidential and Aton will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Aton may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Aton, its users and the public. You understand that the technical processing and transmission of the Aton Platform, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

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Copyright Complaints: Aton respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Aton of your infringement claim in accordance with the procedure set forth below.

Aton will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and The EU copyright legislation

& other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Aton’s Copyright Agent at legal@Aton.nl (Subject line:Takedown Request”). You may also contact us by mail or facsimile at:

Atoen BV, Gronausestraat 710, 7534 AM Enschede the Netherlands, front office.

To be effective, the notification must be in writing and contain the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Aton Platform, with enough detail that we may find it on the Aton Platform;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • a statement by you, made under penAtony of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

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Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

  • your physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Aton will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other European applicable law, Aton has adopted a policy of terminating, in appropriate circumstances and at Aton’s sole discretion, users who are deemed to be repeat infringers. Aton may also, at its sole discretion, limit access to the Aton Platform and/or terminate any User who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

Indemnity and Release

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To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Aton, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Aton Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or un-matured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, User Information or Assets, (b) any feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of a third party, including another user. You agree to promptly notify Aton of any third party Claims and cooperate with the Aton Parties in defending such Claims. You further agree that the Aton Parties shall have control of the defence or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND ATON.

Disclaimer of Warranties

YOUR USE OF THE ATON PLATFORM IS AT YOUR SOLE RISK. THE ATON PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ATON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

ATON MAKES NO WARRANTY THAT (I) THE ATON PLATFORM WILL MEET YOUR REQUIREMENTS, (II) THE VALUE OF ANY ASSET OR ATON’S ASSET ON THE ATON PLATFORM IS A FAIR MARKET VALUE, (III) THE PROJECTED “ATON VALUE” OF AN ASSET WILL BE SUPPORTED BY A BID OR PURCHASE ON OR OFF THE ATON PLATFORM, (IV) THE ATON PLATFORM OR ANY OF ITS COMPONENTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (V) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ATON PLATFORM WILL BE ACCURATE OR RELIABLE, OR (VI) THE QUALITY OF ANY ASSETS, Aton’S ASSETS, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Aton PLATFORM WILL MEET YOUR EXPECTATIONS.

Limitation of Liability:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ATON WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Aton HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE ATON PLATFORM; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ATON PLATFORM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Aton PLATFORM; OR (V) ANY OTHER MATTER RELATING TO THE Aton PLATFORM. IN NO EVENT WILL ATON’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID ATON IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED EUROS (Є100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ATON PLATFORM OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE ATON PLATFORM.

Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

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a. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Aton, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Aton Platform, any advertising, any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, province, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Aton are each waiving the right to a trial or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Arbitration Act of the Netherlands governs the interpretation and enforcement of this Arbitration Agreement.

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b. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND ATON AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND Aton AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

c. Pre-Arbitration Dispute Resolution

Aton is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@Aton.nl If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Aton should be sent to ATOEN BV, Gronausestraat 710, 7534 AM Enschede, The Netherlands (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Aton and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Aton may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Aton or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Aton is entitled.

f. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

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g. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection

(b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.

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h. Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Service to the contrary, Aton agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Aton Platform, you may reject any such change by sending Aton written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination

You agree that Aton, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Aton Platform and remove and discard any content within the Aton Platform, for any reason, including, without limitation, for lack of use or if Aton believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Aton Platform may be referred to appropriate law enforcement authorities. Aton may also in its sole discretion and at any time discontinue providing the Aton Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Aton Platform under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Aton may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Aton Platform. Further, you agree that Aton will not be liable to you or any third party for any termination of your access to the Aton Platform.

Security Interest

You hereby grant Atoen B.V., as of the date you enter into these Terms of Service, Assets, and all other funds and personal property you store on the Aton Platform, now or in the future, whether existing or hereinafter acquired, and the proceeds thereof (the “Collateral”), to secure your performance of any obligations you have to us, our bank partner, service providers, or any of our respective affiliates (either now or in the future), under these Terms of Service or any other agreement you have with us, including your duty to pay us for all obligations you owe us under these Terms of Service, including all future advances, present or hereinafter occurring, when payments are due. You also grant us a right of setoff to the Collateral to secure all amounts you owe us under these Terms of Service, except as prohibited by law. You irrevocably and unconditionally relinquish possession and control over the Collateral, and you pledge and assign as security to us all of your right, title, and interest in it. We do not have to give you any prior notice to apply the Collateral or proceeds derived therefrom to satisfy your obligations. This could cause you to lose all of your Assets and funds in your Aton Wallet and Aton account. Our Security Interest will be governed by Uniform Commercial Code – Article 9 (as adopted by the applicable state law) whether Article 9 applies by its terms or not.

You must take any action we request to perfect or protect our Security Interest in the Collateral and the priority of our Security Interest. If we must hire an attorney to defend or enforce our Security Interest, you will pay our reasonable attorneys’ fees and court costs, unless prohibited by law. You represent that there are no current lawsuits or bankruptcy proceedings that might affect our Security Interest in the Collateral, and you have not and will not attempt to transfer any interest in or offer the Collateral to any other person as collateral or security for any other obligation. You waive the benefit of any homestead or other exemptions in the Collateral. If we exercise our Security Interest or our right of setoff, we will have sole discretion to determine which Assets are to be sold or liquidated, where, and by which means, and we may be the purchaser. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff or Security Interest.

General

These Terms of Service constitute the entire agreement between you and Aton and govern your use of the Aton Platform, superseding any prior agreements between you

and Aton with respect to the Aton Platform. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software. By entering these Terms, you represent and warrant that your acceptance of and performance under these Terms does not violate the terms or conditions of any other contract to which you are a party.

These Terms of Service will be governed by the laws of the Netherlands, without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Aton agree to submit to the personal and exclusive jurisdiction of the courts located in the Netherlands. The failure of Aton to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the remaining provisions of these Terms of Service shall remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Aton Platform or these Terms of Service must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Your Privacy

At Aton, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Aton Platform, you consent to our collection and use of personal data as outlined therein.

Questions? Concerns? Suggestions?‍

Please contact us at legal@Aton.nl to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Aton Platform.