Terms of Use

By accessing or using the Services, creating an account, purchasing or installing a product, activating a subscription, using a connected device, using Atlantis Marina, or clicking to accept these Terms, you agree to these Terms. If you do not agree, do not use the Services or operate Atlantis equipment.

You must be at least 18 years old, or the age of majority where you live, to create an account, purchase Services, or operate Atlantis equipment without supervision. If you use the Services on behalf of a marina, dealer, installer, company, property, or other organization, you represent that you have authority to bind that organization.

You consent to receive agreements, notices, disclosures, invoices, receipts, renewal notices, cancellation confirmations, service records, warranty records, policy updates, and other records electronically through the Services, by email, text message, push notification, in-app message, account dashboard, or website posting, unless applicable law requires another method.

You agree that electronic records, electronic signatures, checkbox confirmations, button clicks, typed names, acceptance logs, audit certificates, and similar electronic actions have the same legal effect as written records and handwritten signatures to the fullest extent permitted by applicable law. You are responsible for keeping your contact information current and maintaining the hardware, software, internet access, browser, mobile device, and email access needed to receive electronic records.

You may request a paper copy of an electronic record or withdraw consent to electronic records by contacting help@atlantiscontrolsystems.com. Withdrawal may limit or prevent access to Services that require electronic contracting, account notices, remote support, payment processing, or legally required electronic communications. Any withdrawal does not affect the validity or enforceability of records or signatures created before Atlantis processes the withdrawal.

Atlantis products and Services may be used with heavy mechanical and electrical systems, including boat lifts and marina equipment. Improper installation, configuration, operation, maintenance, or supervision can result in serious injury, death, drowning, crushing injuries, electric shock, vessel damage, dock damage, property damage, environmental harm, and catastrophic equipment failure.

Boat lift operation involves inherent and significant risks. To the fullest extent permitted by law, you knowingly and voluntarily assume the risks associated with installing, configuring, maintaining, and operating Atlantis equipment and connected systems. This assumption of risk does not waive any rights or liabilities that cannot legally be waived under applicable law.

Atlantis controllers, retrofit boards, position sensors, relays, remotes, dealer tools, applications, and connected services are control, monitoring, diagnostic, and access products for compatible marine equipment. They are not a substitute for the lift structure, hoist, cables, bunks, dock, vessel, electrical service, breakers, grounding, surge protection, GFCI or other required circuit protection, physical guards, local controls, emergency procedures, or other safety devices unless Atlantis expressly supplies that item in writing.

Compatibility statements, retrofit guidance, wiring references, and support recommendations are based on available product information and expected installation conditions. Actual third-party lift enclosures, motors, wiring, switchgear, relays, sensors, structures, site access, vessel loading, and environmental conditions may vary. You, your dealer, your installer, and any facility operator are responsible for confirming compatibility, ratings, clearances, enclosure space, wiring condition, power quality, motor configuration, limit configuration, grounding, code compliance, permitting, safe access, and safe operating conditions before installation or use.

Atlantis safety logic, position sensing, electronic limits, presets, stall detection, low-voltage protection, direction delays, notifications, camera visibility, diagnostics, and support tools are intended to reduce risk and improve operation, but they do not guarantee safe operation, prevent every failure, prevent property damage, prevent vessel damage, prevent injury, or replace competent supervision and maintenance.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must promptly notify Atlantis if you suspect unauthorized access, credential compromise, unsafe operation, or device misuse.

Atlantis may suspend, restrict, or terminate access to accounts, remote features, subscriptions, support tools, marina tools, or connected products where Atlantis reasonably believes there is unauthorized access, misuse, nonpayment, security risk, safety risk, violation of these Terms, or legal requirement.

Remote monitoring, remote control, diagnostics, notifications, telemetry, cloud services, and mobile app features rely on third-party networks, internet access, cellular service, power, app stores, cloud platforms, device configuration, and other systems outside Atlantis control. Atlantis does not guarantee that remote features will be uninterrupted, timely, error-free, or available at all times.

Remote features are provided for convenience and operational support. They do not replace direct supervision, physical controls, proper installation, maintenance, inspection, or safe operating procedures.

The Services are not emergency response, life-safety, security, rescue, or continuous monitoring services. If there is an emergency, unsafe condition, injury risk, electrical hazard, vessel risk, environmental risk, or property risk, use local controls where safe, stop operation, contact qualified personnel, and contact emergency services where appropriate.

Software, firmware, configuration files, cloud features, mobile applications, notifications, and diagnostic tools may be updated, modified, delayed, restricted, or discontinued. Atlantis may issue service bulletins, safety notices, warranty notices, recall information, compatibility notices, or operating guidance for products or Services.

Where reasonably necessary for safety, security, reliability, compliance, warranty administration, product support, or system integrity, Atlantis may remotely update, disable, restrict, suspend, or require reconfiguration of a feature, device, subscription, command path, access grant, or integration. Failure to follow applicable updates, bulletins, instructions, or required service guidance may affect functionality, support availability, or warranty coverage to the extent permitted by law.

Some Services may require a paid subscription, service plan, app-store subscription, cloud service, marina service, support plan, marketplace plan, or other recurring payment. Pricing, billing frequency, renewal terms, included features, cancellation procedures, refund terms, taxes, and provider-specific terms should be disclosed at the point of purchase or in the applicable order, checkout, app store, invoice, or service agreement.

If a Service renews automatically, you authorize recurring charges until you cancel. Automatic-renewal terms will identify the renewal period, renewal price or pricing method, cancellation method, and other material renewal terms where required by law. Where required, Atlantis or the applicable provider will send renewal reminders before the cancellation deadline, including for covered longer-term service contracts.

Cancellation takes effect according to the applicable subscription terms, provider rules, and billing cycle. Unless a separate written agreement says otherwise or applicable law requires a refund, cancellation stops future renewals but does not automatically refund amounts already charged, consumed, earned, or committed. App-store purchases, app-store renewals, app-store cancellations, and app-store refunds are handled by the applicable app store and are subject to that app store terms.

Payment services may be provided by third-party payment processors, app stores, billing providers, financial service providers, or connected-account providers. Atlantis is not a bank and does not directly store full payment card numbers or full bank account numbers. Payment processing, settlement, refunds, disputes, chargebacks, taxes, payouts, reversals, reserves, and payment method updates may be subject to the applicable provider terms.

When you add, save, or use a payment method, you authorize Atlantis, the applicable marina or facility, and their payment processors to charge or debit that payment method for one-time payments, recurring subscriptions, invoices, reservation deposits, service fees, taxes, utilities, approved marketplace transactions, chargebacks, reversals, and other amounts you authorize or owe under the applicable agreement.

If you authorize ACH, bank debit, or similar bank-account payments, you authorize electronic debits from the identified account in the amount and timing disclosed in the checkout, invoice, authorization flow, account setting, contract, or payment terms. You represent that you are authorized to use the bank account. You may revoke an ACH authorization as allowed by the applicable payment terms and law, but revocation does not eliminate amounts already owed, payments already initiated, or Atlantis rights to use another lawful collection method.

Failed, reversed, returned, disputed, or unauthorized payments may result in fees, loss of access, cancellation, delayed service, collection activity, or suspension to the extent permitted by law and applicable provider rules. Marinas and facility operators remain responsible for their own customer charges, refunds, taxes, receipts, and payment disputes unless a signed written agreement says otherwise.

Atlantis payment features may use Stripe Connect or similar connected-account services. A "Connected Merchant" means any marina, facility operator, contractor, vendor, service provider, marketplace participant, or other seller that accepts payments, receives payouts, or uses payment-routing features through Atlantis. Connected Merchants must accept and comply with the Stripe Connected Account Agreement, Stripe Services Agreement, Stripe restricted-business rules, payment network rules, and any other processor terms that apply to their account, transactions, payment methods, fees, reserves, disputes, refunds, payouts, tax reporting, and compliance obligations.

Connected Merchants authorize Atlantis and its payment providers to create, connect, access, administer, and use connected payment accounts, account data, transaction data, risk data, compliance data, tax data, payout data, dispute data, refund data, and related records as needed to provide the Services, route payments, collect Atlantis fees, support settlement, manage refunds and disputes, respond to processor or regulator requests, prevent fraud, satisfy payment-network and legal obligations, and enforce these Terms or any applicable written agreement.

For direct charges, including marina billing, reservation, invoice, ship-store, point-of-sale, and similar payments processed on a Connected Merchant account, the Connected Merchant is the merchant of record and is responsible for its goods and services, customer obligations, fulfillment, pricing, receipts, taxes, refunds, cancellations, disputes, chargebacks, payment reversals, negative balances, customer service, and legal compliance unless a signed written agreement expressly states otherwise.

Some Atlantis marketplace or service-provider workflows may use platform charges, destination charges, separate charges and transfers, on-behalf-of routing, delayed transfers, escrow-like operational holds, or other settlement structures. Atlantis may delay, condition, withhold, reverse, or adjust settlement for marketplace transactions based on job completion, marina approval, contractor approval, customer acceptance, dispute windows, risk review, refund exposure, processor requirements, or the payout trigger selected in the applicable workflow.

Connected Merchants are responsible for all losses, costs, fees, fines, penalties, assessments, taxes, chargebacks, dispute fees, refunds, reversals, ACH returns, failed debits, reserves, negative balances, collection costs, and processor charges arising from their accounts, transactions, products, services, customers, staff, contractors, inaccurate information, noncompliance, fraud, misconduct, or failure to deliver goods or services. To the fullest extent permitted by law, Connected Merchants must reimburse, indemnify, defend, and hold harmless Atlantis for those amounts and related claims, except to the extent caused by Atlantis's gross negligence, willful misconduct, or obligations that cannot legally be shifted.

Atlantis may suspend payment acceptance, pause or delay payouts, reverse transfers, offset amounts against future payments, require reserves or prefunding, require additional verification, restrict payment methods, require updated tax or compliance records, disable marketplace participation, terminate payment access, or offboard a Connected Merchant where Atlantis, Stripe, another processor, a payment network, a regulator, or applicable law identifies or reasonably suspects risk, fraud, excessive disputes, prohibited activity, sanctions concerns, missing information, account takeover, unauthorized transactions, unpaid amounts, unsafe conduct, or noncompliance.

Connected Merchants must maintain accurate and current legal name, trade name, ownership, control person, representative, address, email, phone, website, business description, tax, payout, bank, refund-policy, license, insurance, and compliance information. They must promptly respond to Atlantis, Stripe, processor, payment-network, tax, law-enforcement, regulator, customer, and dispute requests; provide requested documentation; maintain sufficient funds to satisfy refunds, disputes, fees, and reversals; and notify Atlantis before material changes to ownership, control, business model, location, payout account, product mix, fulfillment practices, refund policy, or regulated activity.

The Services may interoperate with third-party networks, app stores, payment processors, communications providers, technical service providers, integrations, marinas, dealers, installers, manufacturers, and other third-party systems. Those third parties may have their own terms, fees, privacy practices, outages, limitations, and support processes.

Atlantis is not responsible for third-party products, services, networks, app stores, payment processors, marina systems, installer work, dealer work, or integrations that Atlantis does not control. Disabling, changing, or losing access to a third-party service may affect the availability or functionality of the Services.

Atlantis may use service providers and subcontractors to operate, secure, support, bill for, communicate about, and improve the Services. Business customers that require provider details should use a signed written agreement, data processing addendum, or nondisclosure agreement.

Atlantis Marina is a marina management and operational platform. Unless Atlantis expressly agrees otherwise in a signed written agreement, Atlantis is not a party to rental agreements, slip assignments, storage agreements, service agreements, reservations, boater transactions, marina policies, property rules, refunds, cancellations, vessel damage claims, property damage claims, utility disputes, or service-quality disputes between marinas and boaters.

Marinas and facility operators are responsible for their own operations, staff, pricing, taxes, rules, contracts, customer communications, property condition, utility availability, regulatory compliance, refunds, disputes, and safety practices. Boaters and marina users are responsible for reviewing and following the applicable marina rules and transaction terms.

Facility operators may not use, route, request, or direct reservation, booking, booking-deposit, reservation-fee, slip, storage, or service-booking payments through third-party payment processors, payment links, wallets, checkout pages, invoicing tools, QR codes, or off-platform collection workflows outside Atlantis Marina unless Atlantis gives prior written approval. Reservation and booking payments initiated, managed, displayed, requested, or confirmed through Atlantis Marina must be processed through the Atlantis-supported payment workflow and approved processor accounts configured in the Platform.

Marketplace contractors, vendors, and other service providers participating through Atlantis Marina remain responsible for their services, quotes, licenses, insurance, taxes, customer communications, job completion, refunds, disputes, chargebacks, payout eligibility, and continuing compliance with Atlantis, facility, payment-provider, and legal requirements.

Facility and business customers are responsible for the customer, staff, contractor, guest, vessel, payment, document, camera, message, and operational data they submit to Atlantis or instruct Atlantis to process. They must provide any legally required notices, obtain required consents and authorizations, maintain appropriate privacy and communication practices, and ensure they have authority to use the Services for their business operations.

For business, marina, dealer, installer, contractor, or facility customers, Atlantis may process personal information and operational records as a service provider, processor, contractor, or similar role under applicable privacy laws, depending on the data, product, and agreement involved. The business customer is responsible for determining the lawful basis, notices, consents, retention instructions, customer-request handling, and regulatory obligations that apply to its own operations.

Where required by applicable law or a signed customer agreement, Atlantis will enter into a commercially reasonable data processing addendum or similar privacy terms covering processing instructions, confidentiality, security measures, service-provider controls, assistance with privacy requests, deletion or return of data, audits or assurance, and international transfers as applicable.

Atlantis may decline instructions that would violate law, create a safety risk, compromise platform security, interfere with another customer, require unsupported product behavior, or exceed the scope of the purchased Services.

Some Services may support cameras, images, video clips, still frames, live-view links, camera configuration, privacy zones, facility monitoring context, access records, gate or dock activity, and related operational records. These features are intended for facility operations, safety, security, support, documentation, and customer-service workflows, not for emergency response or continuous human monitoring by Atlantis.

Facility operators are responsible for camera placement, signage, employee and visitor notices, consent where required, privacy zones, audio settings, retention settings, access controls, and compliance with laws that apply to recording, monitoring, workplace privacy, biometric data, and surveillance at their facilities. Unless Atlantis expressly states otherwise in writing, Atlantis does not provide facial recognition, biometric identification, or law-enforcement monitoring services.

Atlantis Bot and other AI-assisted features are tools for authorized facility staff, support, training, and operational guidance. They may explain screens, summarize approved context, draft message text, suggest safe routes, highlight interface areas, or help users understand workflows.

AI-generated output may be inaccurate, incomplete, outdated, or unsuitable for a specific situation. You are responsible for reviewing outputs, checking source records, applying facility policy, and deciding whether to send communications, change records, approve requests, collect payments, operate equipment, or take any other action.

Atlantis Bot and AI-assisted features do not replace manager, legal, tax, accounting, insurance, safety, regulatory, technical, installation, electrical, medical, emergency, or other professional judgment. Do not rely on AI output as the sole basis for safety-critical, financial, legal, compliance, or customer-facing decisions.

Do not use any AI-assisted feature to deceive, defraud, impersonate, fabricate records, fabricate reviews, hide material information, bypass required approvals, make unsupported claims, or represent AI output as verified fact when it has not been reviewed by an authorized person.

Use of the Services involves processing account, contact, device, diagnostic, operational, support, warranty, billing, marina, vessel, and other information. Atlantis processes information as described in the Privacy Policy and applicable agreements.

You authorize Atlantis and its service providers to contact you by email, phone, text message, push notification, in-app message, postal mail, or similar methods for transactional, relationship, operational, security, billing, warranty, service, support, safety, product-update, device-operation, and account purposes. Some operational communications may be required to use the Services safely or reliably.

Marketing emails, marketing text messages, promotional calls, referral communications, partner communications, and similar marketing communications will be handled as required by applicable law and available consent, unsubscribe, and opt-out rights. Consent to receive marketing text messages is not a condition of purchase. Message frequency varies. Message and data rates may apply.

You may opt out of marketing emails through the unsubscribe method provided in the email. Marketing email unsubscribe applies to marketing email only. Available system, operational, account, facility, staff, and customer email preferences may be adjusted in the applicable settings, but some transactional or relationship communications may remain required for safety, security, billing, legal, account, warranty, service, or platform-operation purposes.

Text-message preferences may be adjusted in the applicable account, staff, customer, or facility settings. You may reply HELP for help. You may also opt out of marketing text messages by replying STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, UNSUBSCRIBE, or another provided opt-out keyword where supported, or by contacting Atlantis. Atlantis will treat any reasonable request to stop marketing texts as an opt-out where required by law.

Atlantis may disclose, sell, or share personal information as described in the Privacy Policy. Mobile information and text-messaging opt-in data and consent are never sold or shared with any third party or affiliate for marketing or promotional purposes. You may submit privacy, sale or sharing opt-out, targeted advertising opt-out, appeal, authorized-agent, and contact-preference requests by contacting help@atlantiscontrolsystems.com. Opting out of marketing does not prevent Atlantis from sending transactional, safety, security, billing, warranty, legal, service, account, or operational communications.

The Services, software, firmware, websites, applications, documentation, logos, branding, designs, workflows, interfaces, content, and related technology are owned by Atlantis or its licensors and are protected by intellectual property and other laws.

Atlantis respects intellectual property rights. If you believe content available through the Services infringes your copyright, you may send a notice to help@atlantiscontrolsystems.com with the subject line "DMCA Notice". Atlantis may remove or disable access to material and may terminate repeat infringers where appropriate.

A copyright notice should include the copyright owner name or authorized agent, a physical or electronic signature, identification of the copyrighted work, identification of the allegedly infringing material and its location in the Services, contact information for the complaining party, a statement of good-faith belief that the use is not authorized, and a statement under penalty of perjury that the information is accurate and that the complaining party is authorized to act for the copyright owner.

If Atlantis removes material because of a copyright complaint, the affected user may submit a counter-notice where permitted by law. Counter-notices should include the user name and contact information, identification of the removed material, a statement under penalty of perjury that the material was removed by mistake or misidentification, consent to the jurisdiction of the appropriate federal court, and a physical or electronic signature.

You may provide support tickets, photos, videos, service records, installation details, vessel information, marina information, comments, documents, feedback, suggestions, or other materials through the Services. You represent that you have the rights and authority needed to provide those materials to Atlantis.

You grant Atlantis a nonexclusive, worldwide, royalty-free license to use, host, copy, process, transmit, display, and create derivative works from those materials as reasonably necessary to provide, support, secure, document, improve, and develop the Services, process warranty or service claims, comply with law, and protect rights and safety.

Feedback and suggestions may be used by Atlantis without restriction or compensation, unless a separate written agreement signed by Atlantis says otherwise. Do not submit confidential, regulated, or third-party information unless it is necessary for the Services and you are authorized to provide it.

Unauthorized wiring, components, accessories, configuration changes, software, firmware, service work, repairs, bypasses, or modifications may impair operation, create safety risks, violate codes, and void warranty coverage to the extent the failure or damage is caused by or related to the unauthorized work or component.

Atlantis is not responsible for failures, damage, injuries, losses, or unsafe conditions caused by unauthorized modifications, third-party accessories, improper installation, misuse, abuse, neglect, power problems, environmental conditions, or failure to follow instructions.

Support articles, documentation, recommendations, diagnostics, messages, and remote assistance are provided for general operational support. They do not replace the judgment of qualified electricians, installers, technicians, engineers, marina personnel, emergency responders, insurers, or other licensed professionals.

You are responsible for confirming that any installation, repair, wiring, grounding, maintenance, lifting, marina operation, or vessel operation complies with applicable codes, permits, manufacturer instructions, insurance requirements, and site conditions. Atlantis support guidance does not authorize unsafe work or unlicensed work.

Atlantis warrants that covered physical Atlantis devices will be free from defects in materials and workmanship under normal use for two years when installed, configured, maintained, and used in accordance with published instructions and applicable codes. The warranty period begins on the date of installation by Atlantis or an authorized dealer, or if that date cannot be verified, on the date of original sale.

This is a limited warranty. The exclusive remedy under this Limited Device Warranty is repair, replacement, or refund of the covered defective device or component, as determined by Atlantis in its reasonable discretion. Replacement parts or devices may be new, refurbished, or functionally equivalent. Warranty service does not extend, restart, or reset the original warranty period unless required by law.

This Limited Device Warranty covers eligible hardware defects only. It does not cover labor, service calls, diagnostics, travel, mileage, transportation, removal, reinstallation, recommissioning, access costs, emergency service, after-hours service, expedited service, downtime, loss of use, data loss, business interruption, vessel damage, dock damage, property damage, environmental damage, consumables, cosmetic wear, normal wear, misuse, abuse, neglect, improper installation, improper wiring, improper grounding, power quality problems, surges, lightning, storms, flooding, corrosion beyond rated specifications, unauthorized modifications, third-party accessories, software, firmware, network service, internet service, app-store service, cloud availability, or failures caused by external systems.

To the extent permitted by law, any implied warranties, including implied warranties of merchantability and fitness for a particular purpose, are limited in duration to the duration of this Limited Device Warranty. Some states do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you. Nothing in this Limited Device Warranty limits rights that cannot be limited under applicable law.

Atlantis or authorized providers may offer optional extended coverage, service plans, maintenance plans, on-site support, or other paid support programs where available and permitted by law. Those programs are not included in the Limited Device Warranty unless expressly stated in a separate written agreement.

Paid extended coverage or service plans may be regulated differently by state law. In Florida, certain paid service warranty or extended warranty offerings may require a compliant structure, license, registration, or authorized provider. No extended coverage is effective unless Atlantis or an authorized provider confirms the coverage in writing and the coverage is offered in compliance with applicable law.

Warranty or service claims may require proof of purchase, installation date, device serial number, service history, photos, diagnostic logs, account verification, dealer or installer information, and reasonable access to inspect or test the equipment. Atlantis may deny claims that are incomplete, unsupported, outside the warranty period, outside the warranty scope, or caused by excluded conditions.

You may not access, export, re-export, transfer, sell, supply, or use the Services, software, firmware, documentation, technical data, or products in violation of U.S. export control laws, sanctions laws, embargoes, restricted-party rules, or other applicable trade controls.

You represent that you are not located in, organized under the laws of, ordinarily resident in, or acting for a country, region, person, entity, or end use subject to U.S. sanctions, embargoes, or restricted-party controls that would prohibit your use of the Services. You may not use the Services for prohibited military, weapons, surveillance, nuclear, chemical, biological, missile, unlawful, or unsafe end uses.

Atlantis may restrict, suspend, terminate, or refuse Services, shipments, software access, support, updates, or transactions where Atlantis reasonably believes a trade-control, sanctions, restricted-party, safety, fraud, or legal risk exists.

Except for the Limited Device Warranty expressly stated above or another written warranty signed by Atlantis, the Services, software, firmware, websites, applications, remote features, diagnostics, cloud services, marina platform, support content, and related services are provided "as is" and "as available" to the fullest extent permitted by law.

Atlantis disclaims warranties of uninterrupted operation, error-free operation, availability, latency, accuracy, compatibility, fitness for a particular use, non-infringement, and warranties arising from course of dealing or trade usage, except where such warranties cannot legally be disclaimed. No oral or informal written statement creates an additional warranty unless signed by an authorized Atlantis representative.

To the fullest extent permitted by law, Atlantis will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of use, business interruption, loss of data, or substitute services, arising out of or related to the Services, products, or these Terms.

To the fullest extent permitted by law, Atlantis's total liability for any claim will not exceed the amount paid to Atlantis for the specific product or Service giving rise to the claim. These limitations do not exclude or limit liability that cannot legally be excluded or limited, including liability for gross negligence, willful misconduct, or other unwaivable rights under applicable law.

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Atlantis Control Systems, LLC and its officers, directors, employees, contractors, agents, affiliates, successors, and assigns from claims, losses, damages, liabilities, costs, and expenses arising from your installation, configuration, operation, misuse, unauthorized modification, unsafe use, violation of law, violation of these Terms, infringement of rights, or disputes between marinas, boaters, dealers, installers, customers, or third parties.

Please read this section carefully. It requires most disputes to be resolved by binding individual arbitration rather than in court, and it limits the ability to bring class, collective, consolidated, representative, or jury proceedings. This section is intended to be governed by the Federal Arbitration Act, 9 U.S.C. sections 1-16, and, where applicable and not preempted, the Florida Revised Arbitration Code, Chapter 682, Florida Statutes.

Before starting arbitration or a court proceeding, the party with a dispute must send the other party a written notice describing the claim, the requested relief, and enough information to evaluate the issue. Notices to Atlantis must be sent to help@atlantiscontrolsystems.com and should identify the account, product, device serial number, property, reservation, invoice, or transaction involved. The parties will try in good faith to resolve the dispute informally for at least 30 days after notice is received, unless emergency relief is needed or applicable law does not allow this informal-resolution period.

Except for the exclusions below, you and Atlantis agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, Atlantis websites, applications, accounts, subscriptions, connected products, software, firmware, support, warranty administration, billing, payments, Atlantis Marina, or communications with Atlantis will be resolved only by binding individual arbitration. Covered claims include contract, tort, warranty, statutory, consumer-protection, privacy, billing, product, safety, and equitable claims, whether based on past, present, or future events. The arbitrator may award the same individual remedies that a court could award under applicable law, and nothing in this section limits any right or remedy that cannot legally be limited.

If you are an individual using the Services primarily for personal, family, or household purposes, the arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules. If AAA is unavailable or declines to administer the arbitration, the parties will use JAMS under its Consumer Minimum Standards, or another neutral administrator agreed by the parties or appointed by a court with jurisdiction. For business, marina, dealer, installer, contractor, commercial, or organizational users, arbitration will be administered by AAA under its Commercial Arbitration Rules unless the parties agree otherwise in writing.

For consumer arbitrations, Atlantis will pay arbitration fees and arbitrator compensation to the extent required by the applicable administrator rules, consumer due-process standards, or applicable law. A consumer will not be required to pay more than the consumer filing fee permitted by the applicable rules, and fee waivers remain available where the administrator offers them. Each party will pay its own attorneys fees and costs unless an applicable law, valid contract provision, or arbitrator award allows otherwise.

Arbitration may be conducted by video, phone, documents, or another remote method unless the arbitrator requires an in-person hearing. For consumer claims, the place of arbitration must be reasonably convenient for the consumer and consistent with the administrator rules. For business or commercial claims, the place of arbitration will be Palm Beach County, Florida, unless the parties agree otherwise or the arbitrator orders a different location for good cause.

You and Atlantis may still bring an individual claim in small claims court if the claim qualifies and remains only in small claims court. Either party may also seek temporary, emergency, or preliminary injunctive relief in court to protect intellectual property, confidential information, platform security, account integrity, payment systems, physical safety, or to prevent unauthorized access, misuse, or unlawful interference. Claims that applicable law says cannot be arbitrated are not required to be arbitrated.

You and Atlantis agree that covered disputes will proceed only on an individual basis. Neither party may bring or participate in a class action, class arbitration, collective action, consolidated action, private attorney general action, or representative action, except where this waiver is prohibited by law. The arbitrator may not combine the claims of more than one person or entity or preside over any class, collective, consolidated, or representative proceeding. If a court determines that a request for public injunctive relief or another non-waivable representative remedy cannot be arbitrated or waived, that request may proceed in court only after individual arbitrable claims are completed, unless the court orders otherwise.

If any part of this arbitration section is found unenforceable, the unenforceable part will be severed and the rest will remain enforceable to the fullest extent permitted by law. If the class action waiver is found unenforceable as to a particular claim or remedy, that claim or remedy may proceed in court, but only after any individual claims that remain subject to arbitration are completed unless a court orders otherwise. For any claim that proceeds in court rather than arbitration, you and Atlantis waive any right to a jury trial to the fullest extent permitted by law.

Atlantis may modify, suspend, or discontinue features, plans, subscriptions, software, firmware, websites, applications, support content, or Services from time to time. Atlantis may update these Terms by posting an updated version with a new "Last updated" date. Continued use of the Services after updated Terms become effective means the updated Terms apply to your continued use.

Atlantis will not be responsible for delay, failure, outage, interruption, data loss, or nonperformance caused by events beyond its reasonable control, including storms, hurricanes, flooding, lightning, fire, power failures, network failures, carrier failures, app-store failures, cloud-provider failures, labor disruptions, supply shortages, government action, war, terrorism, civil unrest, epidemics, disasters, or other events outside Atlantis control.

Before filing a legal claim, you agree to contact Atlantis at help@atlantiscontrolsystems.com and give Atlantis a reasonable opportunity to resolve the issue informally, unless doing so is prohibited by law or urgent injunctive relief is needed.

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Except where prohibited by law, any legal action arising out of or relating to these Terms, the Services, or Atlantis products must be brought in the state or federal courts located in Florida, and you consent to personal jurisdiction and venue in those courts.

If any part of these Terms is found unenforceable, the remaining parts will remain in effect to the fullest extent permitted by law. Atlantis's failure to enforce a provision is not a waiver of its right to enforce that provision later.

You may not assign or transfer these Terms or your account rights without Atlantis's written consent. Atlantis may assign or transfer these Terms in connection with an affiliate relationship, merger, acquisition, financing, reorganization, asset sale, or similar business transaction.

These Terms, together with the Privacy Policy and any applicable written order, invoice, subscription terms, product documentation, marina agreement, dealer agreement, installer agreement, app-store terms, payment-provider terms, or signed agreement, form the applicable agreement for the Services. More specific written terms control over these Terms for the subject matter they cover.

Questions about these Terms may be sent to Atlantis Control Systems, LLC at help@atlantiscontrolsystems.com or through the Atlantis Support site.