These Terms of Service ("Terms") govern access to and use of KnockAtlas, the field-sales territory management platform operated by Marz Technologies LLC ("KnockAtlas," "we," "us"), available at knockatlas.com and app.knockatlas.com (the "Service"). By creating an account or using the Service, you agree to these Terms. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization, and "Customer" refers to it.
KnockAtlas provides tools for managing sales territories, leads, field activity, and team performance. Where Customer has a signed order form, pilot agreement, or master agreement with us, that document controls over these Terms to the extent of any conflict.
The Service records field activity logged by users, including GPS coordinates captured at the moment a disposition is saved, and makes that activity visible to Customer's management. Customer is solely responsible for providing any notice to, and obtaining any consent from, its personnel that applicable law requires regarding activity logging and location capture, and for using these features in compliance with employment and privacy laws in its jurisdictions.
You agree not to:
We may suspend accounts or organizations that endanger the Service or other customers, with notice where practicable.
Paid use of the Service is governed by the pricing in Customer's order form or agreement. Except where that agreement says otherwise, fees are billed in advance, are non-refundable, and unpaid amounts may result in suspension after notice. Trial and pilot deployments may be provided free of charge for a defined period and are subject to these Terms.
The Service — its software, design, and everything in it other than Customer Data — is owned by Marz Technologies LLC and protected by intellectual-property law. We grant Customer a limited, non-exclusive, non-transferable right to use the Service during its subscription. If you send us feedback or suggestions, we may use them without obligation.
We work to keep the Service available and fast, but it is provided "as is" and "as available." We may improve, modify, or discontinue features; for material reductions in functionality we will give Customer reasonable notice. Scheduled maintenance and factors outside our control (including third-party infrastructure) may cause interruptions.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT LOCATION DATA WILL BE ACCURATE IN ALL CONDITIONS — GPS ACCURACY DEPENDS ON DEVICES AND ENVIRONMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA; AND (b) OUR TOTAL LIABILITY ARISING OUT OF THE SERVICE IS LIMITED TO THE FEES PAID BY CUSTOMER FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100) IF NO FEES HAVE BEEN PAID. THESE LIMITS DO NOT APPLY WHERE PROHIBITED BY LAW.
Customer will defend and indemnify us against third-party claims arising from Customer Data or Customer's use of the Service in violation of law or these Terms. We will defend and indemnify Customer against third-party claims that the Service, as provided by us, infringes their intellectual-property rights.
Customer may stop using the Service at any time. Either party may terminate for material breach uncured thirty (30) days after written notice. On termination, access ends, export is available per Section 3, and sections that by their nature survive (ownership, disclaimers, limitations, indemnities) survive.
These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. Venue for disputes lies in the state or federal courts located in California, and the parties consent to their jurisdiction.
We may update these Terms; we will update the date above and give notice of material changes to organization administrators. Continued use after changes take effect constitutes acceptance.
Marz Technologies LLC
7252 Archibald Ave, STE 1009
Rancho Cucamonga, CA 91701
support@knockatlas.com