Terms of Service

These API Terms of Service ("Terms") govern access to and use of the RED Atlas property intelligence application programming interface, data products, documentation, developer tools, and related services (collectively, the "API") provided by RED Atlas, Inc., a Puerto Rico corporation ("RED Atlas," "we," or "us"). By registering for, accessing, or using the API, the entity or individual accepting these Terms ("Customer," "you," or "your") agrees to be bound by these Terms and all policies incorporated herein by reference, including the RED Atlas Acceptable Use Policy, the Data Grant Agreement (if applicable), the Data Processing Agreement (if applicable), the Law Enforcement Data Request Statement, and any executed Order Form or pilot agreement. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity. If you do not have such authority, you may not access the API.

1. Definitions

“Admin Account” means the administrative account opened for an enterprise or multi-user subscription that monitors and controls API access for all Authorized Users designated by Customer.
“API” means the RED Atlas property intelligence API, including all endpoints, data feeds, AVM services, geospatial data, bulk data access tools, developer documentation, and SDKs made available by RED Atlas.
“API Key” means the authentication credential issued by RED Atlas to Customer for accessing the API.
“Authorized User” means an individual employee, director, officer, or contractor of Customer who Customer has expressly authorized to access the API under Customer's account and who is bound by obligations no less restrictive than these Terms.
“Beta Services” means API services or functionality designated by RED Atlas as beta, pilot, limited release, developer preview, non-production, or evaluation, made available at RED Atlas's discretion, without warranty or SLA, and subject to discontinuation at any time.
“Change in Control” means: (a) the sale or disposition of all or substantially all of Customer's assets; (b) any merger, consolidation, or acquisition of Customer with, by, or into another entity; or (c) any change in ownership of more than fifty percent (50%) of Customer's voting securities or equity interests.
“Credits” means the usage units issued to Customer under a subscription tier or Data Grant Agreement, consumed upon each API call as specified in the applicable rate card.
“Customer Data” means data, content, or information submitted by Customer to the API or independently derived by Customer from API Outputs without incorporating RED Atlas proprietary data.
“Data Grant Agreement” means a separate written agreement under which RED Atlas provides Customer with a specified allotment of Credits for a defined period and use case.
“Derived Work” means any product, dataset, model, score, report, or other output that incorporates, is derived from, or is trained on RED Atlas Data or Outputs, regardless of the degree of transformation or the extent to which RED Atlas Data is identifiable in the resulting work.
“Documentation” means the technical specifications, guides, and reference materials published at developer-portal-eight-psi.vercel.app/docs.
“Intellectual Property Rights” means all patents (including RED Atlas's U.S. patents covering property intelligence technology), copyrights, trademarks, trade secrets, database rights, and all other intellectual property and proprietary rights.
“Order Form” means a written or electronic ordering document executed by the parties specifying subscription tier, pricing, term, and other commercial terms.
“Output” means any data, report, valuation, score, or other result returned by the API in response to a Customer request, including all data fields, metadata, and structural elements.
“Prohibited Use” means any use of the API set forth in Section 5 or in the Acceptable Use Policy.
“RED Atlas Data” means all data, content, and information made available through the API, including property records, valuations, ownership data, geospatial data, market analytics, and all associated metadata and schema, whether or not such data constitutes an Output in a particular transaction.
“Subscription Term” means the period during which Customer is authorized to access the API under a paid subscription or Data Grant, as specified in the applicable Order Form or Data Grant Agreement.

2. API Access and License

2.1 License Grant

Subject to Customer's compliance with these Terms, payment of applicable fees, and any restrictions in an executed Order Form, RED Atlas grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the API during the Subscription Term solely for Customer's internal business purposes and authorized use case as specified in the applicable Order Form or Data Grant Agreement.

2.2 Authorized Users and Admin Accounts

Enterprise and multi-user subscriptions are managed through an Admin Account. Customer is responsible for designating Authorized Users, ensuring each Authorized User has accepted these Terms or is bound by equivalent obligations, and revoking access for any individual who is no longer authorized. Customer bears full responsibility for all actions taken under its Admin Account and any Authorized User credentials. RED Atlas may limit the number of Authorized Users per subscription tier as specified in the applicable Order Form.

2.3 API Keys

RED Atlas will issue one or more API Keys to Customer upon account activation. API Keys are issued to Customer only and may not be shared with any third party, including affiliates and subsidiaries, except as expressly authorized in a signed Order Form. Customer is responsible for all activity conducted under its API Keys. Customer must notify RED Atlas immediately at legal@atlas.red upon suspecting unauthorized use or compromise of any API Key. RED Atlas may revoke or replace any API Key at any time, including upon reasonable suspicion of misuse.

2.4 Beta Services

RED Atlas may make Beta Services available to Customer from time to time. Beta Services are provided AS IS without warranty of any kind, are not subject to any SLA, and may be discontinued at any time without notice or liability. Customer's use of Beta Services is entirely at Customer's own risk. RED Atlas may use any feedback Customer provides regarding Beta Services without restriction or obligation.

2.5 Change in Control

Customer must notify RED Atlas in writing at least thirty (30) days before any anticipated Change in Control. These Terms and all rights and obligations hereunder do not automatically transfer in a Change in Control. Any purported assignment or transfer of rights under these Terms in connection with a Change in Control without RED Atlas's prior written consent is void. RED Atlas may terminate these Terms upon written notice if Customer undergoes a Change in Control that results in the acquiring entity being a competitor of RED Atlas or a party that RED Atlas determines, in its reasonable discretion, poses a risk to RED Atlas's data assets or business.

2.6 Acceptable Use Policy

Customer's use of the API is subject to the RED Atlas Acceptable Use Policy, which is incorporated into these Terms by reference. In the event of a conflict between these Terms and the Acceptable Use Policy, these Terms govern.

3. Subscriptions, Credits, and Fees

3.1 Subscription Tiers

RED Atlas offers API access under the following standard tiers. Custom pricing is available for Enterprise customers and is governed by an executed Order Form.

Free: Limited credits for evaluation. No commercial use. Subject to rate limits specified in Documentation.
Professional: $2,500 per month. Includes credits as specified in the applicable rate card. Suitable for single-vertical, single-market integrations.
Business: $7,500 per month. Includes credits as specified in the applicable rate card. Multi-market and multi-vertical use.
Enterprise: $20,000 per month and above. Custom credit volumes, SLAs, and dedicated support. Governed by executed Order Form.

3.2 Credit Consumption

Each API call consumes Credits as specified in the rate card published in the Documentation. RED Atlas may update the rate card with thirty (30) days' written notice to active paying subscribers. Credits issued under a subscription tier do not roll over to the following billing period unless otherwise stated in an Order Form. Credits issued under a Data Grant Agreement expire at the end of the grant term.

3.3 Payment Terms

Fees for paid subscriptions are due in advance of each billing period. RED Atlas will invoice Customer at the start of each billing period. Payment is due within fifteen (15) days of invoice date. Overdue amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law. RED Atlas may suspend API access for accounts with balances overdue by more than ten (10) days, upon written notice.

3.4 Taxes

All fees are exclusive of applicable taxes, levies, or duties imposed by any taxing authority. Customer is responsible for payment of all such amounts, excluding taxes based on RED Atlas's net income. If RED Atlas is required to collect or remit taxes on Customer's behalf, RED Atlas will invoice Customer for such amounts.

3.5 Refunds

All fees paid are non-refundable except as expressly required by applicable law or as stated in a signed Order Form. Unused Credits have no cash value and are not refundable upon termination.

4. Data Grant Program

Customers admitted to the RED Atlas Data Grant Program receive a defined allotment of Credits under a separate Data Grant Agreement. The following terms apply to all Data Grant participants in addition to the general terms of this Agreement:

Data Grant Credits may be used only for the use case described in the executed Data Grant Agreement. Use for other purposes requires RED Atlas's prior written approval.
Data Grant Credits are non-transferable, non-refundable, and have no cash value. Credits not consumed before the grant expiry date are forfeited.
Upon expiry of a Data Grant, continued API access requires execution of a paid subscription Order Form at the applicable commercial tier. Continued access without a paid subscription is unauthorized.
RED Atlas reserves the right to audit Data Grant usage at any time upon reasonable notice to verify compliance with the authorized use case.

5. Data Ownership, Intellectual Property, and Resale Prohibition

5.1 RED Atlas Ownership

RED Atlas and its licensors own all right, title, and interest in and to the API, Documentation, RED Atlas Data, Outputs, Derived Works (to the extent they incorporate RED Atlas Data), underlying data assets, valuation models, processing methodologies, database structures, schema, and all associated Intellectual Property Rights. These Terms do not transfer any ownership interest to Customer. The compilation, selection, arrangement, and processing of RED Atlas Data constitute original works protected by applicable intellectual property law, including copyright and database right protections.

5.2 License to Outputs

Subject to these Terms and payment of applicable fees, RED Atlas grants Customer a limited, non-exclusive, non-transferable license to use Outputs solely for Customer's authorized internal business purposes during the Subscription Term. This license is strictly personal to Customer and does not include any right to redistribute, sublicense, resell, publish, or otherwise make Outputs available to any third party in any form, whether directly or as part of a product, service, database, or platform.

5.3 Absolute Prohibition on Data Resale and Redistribution

Customer is absolutely and unconditionally prohibited from: (a) reselling, sublicensing, transferring, or otherwise commercializing RED Atlas Data or Outputs, in whole or in part, to any third party, whether for direct compensation, in exchange for services, as part of a bundled product, or otherwise; (b) incorporating RED Atlas Data or Outputs into any third-party-accessible database, data product, marketplace, API, feed, or platform; (c) white-labeling, rebranding, or otherwise presenting RED Atlas Data or Outputs as Customer's own proprietary data for resale or redistribution; (d) creating, distributing, or licensing any Derived Work for commercial purposes without a separate written data commercialization agreement executed by RED Atlas; (e) using RED Atlas Data or Outputs to compete directly or indirectly with RED Atlas's data products or API platform; and (f) providing RED Atlas Data or Outputs to any affiliate, subsidiary, parent company, or related entity unless such entity is expressly named as an Authorized User in the applicable Order Form.

A violation of this Section 5.3 constitutes a material breach of these Terms and will entitle RED Atlas to: (i) immediately terminate Customer's API access without notice or refund; (ii) pursue injunctive relief to prevent further unauthorized use or distribution; (iii) seek liquidated damages of the greater of $500,000 or three times the fair market value of the data resold or redistributed, which the parties agree is a reasonable pre-estimate of RED Atlas's harm given the difficulty of quantifying damages from unauthorized data redistribution; and (iv) pursue all other remedies available at law or in equity, including claims for misappropriation of trade secrets, copyright infringement, breach of contract, and unjust enrichment.

5.4 Trade Secret Protections

RED Atlas Data and the methodologies, algorithms, and processes used to compile, process, and deliver it constitute trade secrets of RED Atlas. Customer acknowledges that unauthorized disclosure, redistribution, or commercialization of RED Atlas Data would constitute misappropriation of trade secrets under the Defend Trade Secrets Act (18 U.S.C. Section 1836 et seq.) and applicable Puerto Rico law, and that RED Atlas would suffer irreparable harm for which monetary damages would be an inadequate remedy. Customer agrees that RED Atlas is entitled to seek immediate injunctive relief from any court of competent jurisdiction without bond or other security upon any actual or threatened misappropriation.

5.5 Audit and Forensic Rights

RED Atlas reserves the right to embed technical markers, watermarks, or canary records in RED Atlas Data and Outputs for the purpose of detecting unauthorized redistribution. If RED Atlas discovers through any means — including technical monitoring, canary detection, market intelligence, or third-party reporting — that Customer has redistributed RED Atlas Data or Outputs without authorization, such discovery shall constitute prima facie evidence of unauthorized use in any legal proceeding. Customer agrees to cooperate fully with any RED Atlas investigation of suspected unauthorized redistribution, including by providing access to systems, logs, and records upon written request within five (5) business days.

5.6 Customer Data

Customer retains ownership of Customer Data. Customer grants RED Atlas a limited license to process Customer Data solely to provide the API services. RED Atlas will not use Customer Data for any purpose outside of service delivery.

5.7 Feedback

If Customer provides feedback, suggestions, or ideas regarding the API, RED Atlas may use such feedback without restriction or obligation to Customer.

5.8 Patent Notice

RED Atlas holds U.S. patents covering certain aspects of its property intelligence technology. Nothing in these Terms grants Customer any license under such patents beyond what is necessary to access the API as expressly permitted herein. Any use of RED Atlas technology beyond the scope of the license granted in Section 2.1 may constitute patent infringement.

6. Prohibited Uses

The following uses of the API are prohibited and constitute material breach of these Terms. For a complete list of prohibitions, see the Acceptable Use Policy. Without limiting the foregoing, Customer may not: (a) use the API in any manner that violates Section 5.3; (b) circumvent any technical control, authentication system, or rate limit; (c) use the API to train commercial machine learning or AI models without a separate written agreement; (d) use the API in violation of any applicable law or regulation, including fair housing, anti-discrimination, and data protection laws; or (e) attempt to reverse engineer RED Atlas's data processing methodologies, schema, or valuation models.

7. Confidentiality

Each party may receive confidential information of the other in connection with these Terms. The Receiving Party agrees to: (a) hold such information in confidence using at least the same degree of care it applies to its own confidential information, but no less than reasonable care; (b) use confidential information only for purposes of performing under these Terms; and (c) restrict disclosure to employees, contractors, and advisors with a legitimate need to know who are bound by equivalent confidentiality obligations. These obligations survive termination for two (2) years. Obligations with respect to trade secrets survive indefinitely. An executed Mutual NDA, if in place, supplements but does not replace this section.

8. Privacy, Data Protection, and Law Enforcement

8.1 Privacy Policy

RED Atlas's collection and use of data in connection with the API is governed by the RED Atlas Privacy Policy, incorporated into these Terms by reference.

8.2 Customer Data Protection Obligations

Customer acknowledges that certain API Outputs may include personal data as defined under applicable law. Customer agrees to process such personal data only in accordance with applicable privacy and data protection law, including U.S. federal and state privacy laws, Puerto Rico data protection regulations, Colombia's Habeas Data law (Ley 1581 de 2012), and EU GDPR where applicable. Where required by applicable law and as agreed in a separately executed Data Processing Agreement, RED Atlas will act as a data processor with respect to personal data processed on Customer's behalf.

8.3 Law Enforcement Data Requests

RED Atlas's handling of law enforcement, governmental, and regulatory requests for Customer data is governed by the RED Atlas Law Enforcement Data Request Statement, incorporated into these Terms by reference. RED Atlas will not disclose Customer data in response to such requests except where required by valid legal process. RED Atlas will use commercially reasonable efforts to notify Customer before disclosing unless prohibited by law or where there are clear indications of unlawful conduct by Customer.

8.4 FCRA Disclaimer

RED Atlas Data and Outputs are not consumer reports as defined by the Fair Credit Reporting Act (FCRA), 15 U.S.C. Section 1681 et seq. Customer agrees not to use RED Atlas Data or Outputs as consumer reports or as a factor in determining a consumer's eligibility for credit, insurance, employment, or housing. Customer assumes all liability arising from any use of RED Atlas Data or Outputs in a manner that triggers FCRA obligations.

9. Service Levels and Support

9.1 Availability

RED Atlas will use commercially reasonable efforts to maintain API availability. Uptime commitments, service credits, and incident response standards are set forth in the RED Atlas Service Level Agreement (SLA), which is incorporated into these Terms by reference. The SLA applies to paid subscription tiers only. Free tier and Beta Services are excluded from all SLA commitments. Enterprise customers may negotiate custom SLA terms in an executed Order Form.

9.2 Maintenance

RED Atlas may perform scheduled maintenance that temporarily reduces API availability. RED Atlas will provide advance notice of scheduled maintenance via email or developer portal notification where practicable. Emergency maintenance may be performed without advance notice.

9.3 Support

All paid subscribers receive email support at legal@atlas.red. Enterprise customers receive dedicated solutions engineer support as specified in their Order Form. Data Grant participants receive standard onboarding support including a kickoff call and documentation access.

9.4 Beta Services Exclusion

Beta Services are excluded from all service level commitments and support obligations. Beta Services are provided as-is and may be modified or discontinued without notice.

10. Term and Termination

10.1 Term

These Terms commence on the date Customer first accesses the API and continue until terminated as set forth herein. Subscription Terms are as specified in the applicable Order Form or Data Grant Agreement.

10.2 Termination by Customer

Customer may terminate a paid subscription by providing thirty (30) days' written notice prior to the next billing period. Termination does not entitle Customer to a refund of prepaid fees.

10.3 Termination by RED Atlas

RED Atlas may terminate these Terms or suspend API access: (a) immediately upon notice if Customer engages in a Prohibited Use, violates Section 5.3, or materially breaches Section 5 or 6; (b) immediately upon notice if Customer undergoes a Change in Control without prior RED Atlas consent; (c) upon ten (10) days' notice if Customer fails to cure any other material breach; or (d) upon thirty (30) days' notice for any reason with respect to the Free tier.

10.4 Effect of Termination

Upon termination: (a) all licenses granted herein terminate immediately; (b) Customer must immediately cease all use of the API, destroy all cached Outputs, and certify such destruction in writing within ten (10) business days; (c) Customer must immediately cease any use of RED Atlas Data in any product, service, database, or platform; (d) all accrued and unpaid fees become immediately due; and (e) sections that by their nature should survive will survive, including Sections 1, 5, 7, 8, 11, 12, 13, 14, 16, and 17.

10.5 Post-Termination Data Obligations

Customer's obligation to cease using and destroy RED Atlas Data upon termination extends to all Derived Works, cached data, exported records, and any other materials incorporating RED Atlas Data, wherever stored. RED Atlas reserves the right to verify compliance with this obligation through audit or technical means. Survival of confidentiality obligations under Section 7 applies to all RED Atlas Data retained in violation of this Section 10.5.

11. Representations and Warranties

11.1 Mutual Warranties

Each party represents and warrants that: (a) it has full power and authority to enter into these Terms; (b) these Terms have been duly authorized and constitute a binding obligation; and (c) its execution and performance do not conflict with any other agreement or obligation.

11.2 Customer Warranties

Customer additionally represents and warrants that: (a) it will use the API only for lawful purposes and in compliance with these Terms; (b) it has obtained all necessary consents, licenses, and authorizations required for its authorized use case; (c) it will not use the API in any manner that infringes the rights of any third party; and (d) all information provided to RED Atlas in connection with Customer's account, Order Form, or Data Grant application is accurate and complete.

11.3 RED Atlas Warranties

RED Atlas warrants that it will provide the API in a manner materially consistent with the Documentation, using commercially reasonable efforts.

11.4 Disclaimer

Except as expressly set forth in Section 11.3, the API, RED Atlas Data, and all Outputs are provided "as is" without warranty of any kind. RED Atlas expressly disclaims all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, accuracy, completeness, and non-infringement. Customer is responsible for independently verifying any Output before relying on it for business, financial, legal, or other decisions.

12. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will either party be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or related to these Terms, including loss of profits, loss of revenue, loss of data, or business interruption, even if advised of the possibility of such damages.

RED Atlas's total cumulative liability arising out of or related to these Terms, regardless of the form of action, will not exceed the greater of (a) the total fees paid by Customer to RED Atlas in the twelve (12) months preceding the claim or (b) fifty thousand dollars ($50,000).

The limitations in this Section do not apply to: (a) Customer's payment obligations; (b) either party's indemnification obligations under Section 13; (c) RED Atlas's rights and remedies under Section 5.3 (data resale prohibition); (d) either party's liability for fraud, willful misconduct, or gross negligence; or (e) Customer's liability for unauthorized use or redistribution of RED Atlas Data.

13. Indemnification

13.1 Customer Indemnification

Customer agrees to indemnify, defend, and hold harmless RED Atlas and its officers, directors, employees, agents, licensors, and data providers (each, a "RED Atlas Indemnitee") from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Customer's use of the API in violation of these Terms; (b) Customer's unauthorized resale, redistribution, or commercialization of RED Atlas Data or Outputs; (c) Customer's violation of any applicable law or regulation; (d) Customer's infringement of any third-party intellectual property right; (e) Customer's misuse of personal data accessed through the API; or (f) any product or service offered by Customer that incorporates RED Atlas Data or Outputs.

13.2 RED Atlas Indemnification

RED Atlas will defend Customer against any third-party claim alleging that the API, as provided by RED Atlas and used in accordance with these Terms, infringes such third party's intellectual property rights, and will pay amounts awarded against Customer in a final judgment or agreed in settlement, provided that Customer: (a) promptly notifies RED Atlas of the claim; (b) grants RED Atlas sole control of the defense and settlement; and (c) provides reasonable cooperation. RED Atlas's obligations under this Section 13.2 do not apply to claims arising from Customer's unauthorized use, modification, or redistribution of RED Atlas Data.

14. Modifications to Terms

RED Atlas may modify these Terms at any time. Material changes will be communicated to active subscribers via email at least fourteen (14) days before taking effect. Continued use of the API after the effective date of any modification constitutes acceptance. If Customer does not accept a material modification, Customer may terminate its subscription before the effective date, in which case RED Atlas will provide a pro-rata refund of prepaid fees for the unused portion of the then-current Subscription Term. Changes to the Acceptable Use Policy, Law Enforcement Data Request Statement, and Privacy Policy may be updated at any time and are effective upon publication.

15. Law Enforcement Data Request Statement

RED Atlas will not disclose Customer data in response to requests from law enforcement, governmental, or regulatory agencies except where required to do so by valid and properly served legal process, including a subpoena, court order, or search warrant. RED Atlas analyzes all such requests to verify their validity and legal sufficiency before responding. RED Atlas's policy is to challenge requests that appear to exceed the relevant agency's authority or that are otherwise unlawful, including in court proceedings. RED Atlas will use commercially reasonable efforts to notify Customer before disclosing Customer data and to provide Customer with an opportunity to challenge the legality of the request, unless: (a) RED Atlas is prohibited by applicable law from providing such notice; or (b) there are clear indications of unlawful conduct by Customer in connection with the use of RED Atlas services. RED Atlas reserves the right to respond to urgent law enforcement requests where RED Atlas believes in good faith that an emergency involving imminent danger of death or serious physical injury justifies immediate disclosure.

16. General Provisions

Governing Law. These Terms are governed by the laws of the Commonwealth of Puerto Rico, without regard to conflict of law principles.
Dispute Resolution. Any dispute arising out of or relating to these Terms that cannot be resolved through good-faith negotiation will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with the seat of arbitration in San Juan, Puerto Rico. The arbitration will be conducted in English. Judgment on any arbitral award may be entered in any court of competent jurisdiction.
Class Action Waiver. All disputes will be resolved on an individual basis. Customer waives any right to bring or participate in a class action, collective action, or representative proceeding of any kind. This waiver is a material inducement for RED Atlas to provide access to the API.
Injunctive Relief Carve-Out. Notwithstanding the arbitration agreement, either party may seek immediate injunctive or other equitable relief from any court of competent jurisdiction in San Juan, Puerto Rico, without bond or other security, to prevent actual or threatened: (a) unauthorized use, redistribution, or commercialization of RED Atlas Data; (b) misappropriation of trade secrets; or (c) any other breach causing irreparable harm. Seeking such relief does not waive the right to arbitration.
Entire Agreement. These Terms, together with any executed Order Form, Data Grant Agreement, Acceptable Use Policy, Data Processing Agreement, Service Level Agreement, Security Exhibit, Commercial License Addendum (if applicable), Law Enforcement Data Request Statement, and Privacy Policy, constitute the entire agreement between the parties with respect to the API.
Order of Precedence. In the event of a conflict: (1) executed Order Form; (2) Data Grant Agreement; (3) Commercial License Addendum (if applicable); (4) these Terms; (5) Data Processing Agreement; (6) Service Level Agreement; (7) Acceptable Use Policy; (8) Privacy Policy.
Assignment. Customer may not assign these Terms without RED Atlas's prior written consent, which may be withheld in RED Atlas's sole discretion. Any purported assignment without consent is void. RED Atlas may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
Severability. If any provision is held invalid or unenforceable, the remaining provisions continue in full force and effect. The parties agree that a court may modify any invalid provision to the minimum extent necessary to make it enforceable.
Waiver. No failure to exercise any right under these Terms constitutes a waiver of that right.
Force Majeure. Neither party will be liable for delays or failures in performance resulting from causes beyond its reasonable control, excluding payment obligations.
Notices. Legal notices must be in writing and delivered to: RED Atlas, Inc., Attn: Henry Keenan, CEO, San Juan, Puerto Rico, legal@atlas.red. Notices are effective upon confirmed receipt.
Counterparts and Electronic Execution. These Terms may be accepted electronically. Electronic acceptance has the same legal effect as a handwritten signature under applicable law.
No Third-Party Beneficiaries. These Terms do not create any rights in third parties except RED Atlas Indemnitees under Section 13.
Export Compliance. Customer agrees to comply with all applicable export control laws and regulations in connection with its use of the API.