Terms of Service

1. Eligibility and Account

1.1 Eligibility. You must be at least 18 years old and have the legal capacity to enter into binding contracts. The Service is not intended for personal, family, or household use; it is offered for business use.

1.2 Account. You may be required to register for an account. You agree to (a) provide accurate, current, and complete information; (b) keep your account information current; (c) keep your credentials confidential; and (d) be responsible for all activity occurring under your account. Notify us at operations@atomically.ai of any unauthorized access.

1.3 Single-user accounts. Accounts are intended for use by a single individual. You may not share login credentials or use a single account for multiple users.

2. License Grant; Restrictions

2.1 License. Subject to your compliance with these Terms, Atomically grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes during the term of your account.

2.2 Restrictions. You shall not, and shall not permit any third party to:

• (a) copy, modify, translate, or create derivative works of the Service;
• (b) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent expressly permitted by applicable law;
• (c) rent, lease, sell, sublicense, or otherwise transfer the Service to a third party;
• (d) use the Service to build a competing product or service, or to copy any feature or function of the Service;
• (e) use the Service to send unsolicited communications, transmit malicious code, or interfere with the operation of the Service or any other user;
• (f) circumvent or attempt to circumvent any usage limits, access controls, or rate limits, or use any automated means (other than documented APIs) to access the Service;
• (g) remove or alter any proprietary notices on or in the Service;
• (h) use the Service in violation of applicable law, including export-control, sanctions, privacy, and intellectual-property laws; or
• (i) submit to the Service any data that you do not have the right to submit, including any data subject to HIPAA, PCI DSS, GLBA, or special categories of data under GDPR (e.g., health, biometric, genetic), without first entering into a paid agreement with us that expressly addresses such data.

2.3 No AI training. Atomically does not use Customer Content, on any plan, to train, fine-tune, evaluate, or improve any model, its own or anyone else's.

2.4 Shared links. Any shared link or invitation you create may be used by anyone who holds it. Treat shared links and invitations as confidential.

2.5 Accessibility. Report accessibility issues to operations@atomically.ai.

2.6 Security vulnerability disclosure. To report a security vulnerability, email operations@atomically.ai.

3. Purchases and Care

3.1 Free tier. Free-tier use is provided "as is" and may be modified, suspended, or terminated by Atomically at any time without notice.

3.2 Purchases. Deliverables, bought alone or as a set, are one-time purchases, paid in full when you buy them. Atomically does not offer financing or payment in installments. A purchase includes what the pricing page describes when you buy it, and covers the design it delivers; a new design or a redesign is a separate purchase.

3.3 Care. Care is an optional subscription, priced per site and billed in advance for each billing period, that covers maintenance changes to a site within its approved design. Where your plan sets a minimum charge for Care, that minimum applies. Care renews for each billing period until you cancel it, and a cancellation takes effect at the end of the period already paid for.

3.4 Billing. Fees are non-refundable except as required by law. You authorize Atomically and its payment processor to charge your payment method for all applicable fees, including each billing period of Care until you cancel it.

4. Customer Content

4.1 Definition. "Customer Content" means any data, content, URLs, configurations, or other materials you submit to or generate through the Service, excluding aggregated, de-identified, and Service Data (defined below).

4.2 Ownership. As between the parties, you retain all right, title, and interest in and to Customer Content. You grant Atomically a non-exclusive, worldwide, royalty-free license to host, copy, transmit, display, process, and analyze Customer Content as necessary to provide and improve the Service and as permitted by the Privacy Policy. Atomically keeps the materials you submit, the selections and approvals you make, and your brand assets with your account, and use them to tailor future designs for you. They are used only for your account, are never used to train a model or shared with another customer, and you may ask Atomically to delete them at any time.

4.3 Service Data. Atomically may collect and use aggregated, de-identified, and statistical data derived from your use of the Service ("Service Data") to operate and improve the Service, provided that Service Data does not identify you or any individual. Service Data is never used to train, fine-tune, evaluate, or improve any AI model.

4.4 Responsibility. You are solely responsible for Customer Content and for your use of the Service. You represent that you have all rights necessary to submit Customer Content and to authorize Atomically's processing of it.

5. Privacy

Your use of the Service is also governed by the Privacy Policy at https://www.designreview.app/privacy, which describes how we collect, use, and share personal information. By using the Service, you consent to the practices described in the Privacy Policy.

6. Intellectual Property

6.1 Atomically IP. The Service, including all software, content, designs, trademarks (including ATOMICALLY), patents, copyrights, trade secrets, and other intellectual property, is owned by Atomically or its licensors and is protected by U.S. and foreign intellectual-property laws. Except for the limited license in Section 2, no rights are granted to you.

6.2 Feedback. If you provide suggestions, ideas, improvements, or other feedback ("Feedback"), you grant Atomically a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use Feedback for any purpose without obligation to you.

6.3 Copyright; DMCA. Atomically respects the intellectual-property rights of others and responds to notices of claimed infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe that content hosted by, transmitted through, or stored on the Service infringes your copyright, you may submit a notice of claimed infringement. Notices of claimed infringement must be sent to Atomically's DMCA Designated Agent at operations@atomically.ai and must contain the elements required by 17 U.S.C. § 512(c)(3). Misrepresentations in a DMCA notice or counter-notice are actionable under 17 U.S.C. § 512(f).

7. Third-Party Services

The Service may interoperate with or link to third-party products, services, or websites. Atomically is not responsible for third-party offerings. Your use of a third-party offering is subject to its own terms and privacy practices.

8. Disclaimers

8.1 AS IS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

8.2 No guarantees. Atomically does not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components, or that defects will be corrected. Output produced by the Service is generated from the material you provide, in part by AI models; it is not a guarantee of outcomes.

9. Limitation of Liability

9.1 Indirect damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ATOMICALLY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Cap. ATOMICALLY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

9.3 Allocation. You acknowledge that the limitations in this Section are a material basis of the bargain and would not be provided absent these limitations.

10. Indemnification

You will indemnify, defend, and hold harmless Atomically and its affiliates, officers, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your violation of these Terms, (b) your misuse of the Service, (c) Customer Content, or (d) your violation of any applicable law or any rights of a third party.

11. Term and Termination

11.1 Term. These Terms are effective when you accept them and continue until terminated.

11.2 Termination by you. You may terminate by closing your account at any time.

11.3 Termination by us. We may suspend or terminate your access to the Service, with or without notice, for any reason, including if we reasonably believe you have violated these Terms, if your account has been inactive for an extended period, or if we discontinue the Service or any part of it.

11.4 Effect. Upon termination, your license to use the Service ends. Sections that by their nature should survive (including 4.2, 4.3, 6, 8, 9, 10, 12, and 13) will survive.

12. Governing Law; Forum

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. The exclusive forum for any dispute arising out of or relating to these Terms is the state and federal courts located in Ada County, Idaho, and you consent to personal jurisdiction in those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13. General

13.1 Modifications. We may modify these Terms from time to time. The "Effective Date" reflects the date of the most recent modification. Continued use of the Service after a modification constitutes acceptance.

13.2 Notices. Notices to Atomically must be sent to operations@atomically.ai. Notices to you may be sent to the email address on your account or posted in the Service.

13.3 Entire agreement. These Terms (together with the Privacy Policy) constitute the entire agreement between you and Atomically with respect to the Service and supersede all prior or contemporaneous agreements.

13.4 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of substantially all of our assets.

13.5 Severability; no waiver. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any provision is not a waiver of our right to do so later.

13.6 No third-party beneficiaries. These Terms are for the benefit of you and Atomically only.

13.7 Export. You will not export, re-export, or transfer the Service in violation of U.S. export-control or sanctions laws.

13.8 Force majeure. Atomically is not liable for any failure or delay caused by events beyond its reasonable control, including acts of God, war, terrorism, civil disturbance, labor dispute, internet or telecommunications failure, or government action.

13.9 U.S. Government rights. The Service is "commercial computer software" and "commercial computer software documentation" as defined in FAR 12.212 and DFARS 227.7202.