Last Updated: August 3, 2025
Version: 1.0.2

1. Agreement & Acceptance

By accessing, installing, or using Atomify's CRM platform, browser extension, APIs, or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization, and "you" refers to both you individually and that organization. If you do not agree with these Terms, you must immediately cease all use of the Services.

2. Services Description & Evolution

2.1 Current Services

Atomify provides a web-based CRM platform and browser extension that enables lead capture, management, and workflow automation across supported domains and integrations. We host APIs, store data in third-party databases, and deliver updates via serverless functions.

2.2 Service Evolution

The Services are dynamic and will evolve over time. Atomify reserves the right to add, modify, or discontinue any feature, functionality, integration, or aspect of the Services at any time, with or without notice. This includes changes to supported domains, data structures, API endpoints, user interfaces, and third-party integrations.

2.3 No Downgrade Guarantee

While we strive to maintain and improve functionality, we do not guarantee that future versions of the Services will support all features or workflows that you currently use or develop. Changes to the Services do not entitle you to any refund, credit, or other compensation.

3. Account Management & Security

3.1 Account Responsibility

You are solely responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities occurring under your account
  • Securing all API keys, tokens, and integration credentials
  • Properly configuring and operating the Services
  • Setting appropriate permission levels for your team members

3.2 Security Obligations

You must:

  • Promptly notify us of any unauthorized access or security breach
  • Use strong, unique passwords for your account
  • Implement appropriate access controls within your organization
  • Regularly review active sessions and integrations
  • Follow security best practices we may recommend

3.3 Administrative Control

If you allow others to access the Services under your account (such as team members or contractors), you remain responsible for their actions and compliance with these Terms.

4. License & Intellectual Property

4.1 Limited License

Subject to these Terms, Atomify grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

  • Access and use the Services for your legitimate internal business purposes
  • Install the browser extension on authorized devices within your organization
  • Create and store data within the platform's intended use cases

4.2 Restrictions

You may not:

  • Reverse engineer, decompile, or attempt to discover the source code
  • Modify, adapt, or create derivative works based on the Services
  • Remove, alter, or obscure any proprietary notices
  • Sell, resell, rent, lease, or distribute the Services
  • Use the Services to build a competing product
  • Access the Services through automated means except as expressly permitted
  • Exceed any rate limits or other technical restrictions we impose

4.3 Atomify Ownership

Atomify and its licensors own and retain all right, title, and interest in:

  • The Services and all related intellectual property
  • All improvements, updates, and derivative works
  • Any feedback, suggestions, or ideas you provide regarding the Services
  • Our trademarks, service marks, and logos

4.3.1 Feedback License

By submitting any ideas, suggestions, documents, proposals, feedback or other information about the Services ("Feedback"), you hereby irrevocably assign and grant to Atomify a worldwide, royalty-free, perpetual, sublicensable, transferable license to use, modify, reproduce, distribute, display, perform, create derivative works from, and commercialize such Feedback in any manner and for any purpose, without any compensation to you or any restriction or obligation on account of intellectual property rights or otherwise. You waive any rights you may have to the Feedback (including any copyrights or moral rights).

4.4 Your Content Ownership

You retain ownership of your data stored in the Services, subject to the licenses granted in these Terms.

5. User Content & Compliance Obligations

5.1 Content Responsibility

You are solely responsible for:

  • All data, information, and content you upload, store, or process
  • The legality, reliability, integrity, accuracy, and quality of your content
  • Obtaining all necessary rights, consents, and permissions
  • Compliance with all applicable laws and regulations

5.2 Regulatory Compliance

You acknowledge that:

  • You determine what data is stored or processed
  • You are solely responsible for compliance with applicable laws including but not limited to telemarketing laws (TCPA, TRACED Act), Do-Not-Call regulations, data protection laws (GDPR, CCPA), and industry-specific regulations
  • Atomify does not act as your legal advisor or compliance solution

5.3 Prohibited Content

You must not upload, store, or transmit:

  • Protected health information (PHI) as defined under HIPAA
  • Payment card information subject to PCI-DSS requirements
  • Content that infringes intellectual property rights
  • Unlawful, harmful, threatening, defamatory, or otherwise objectionable content
  • Malicious code, viruses, or harmful data

5.4 Indemnity for Content

You will defend, indemnify, and hold harmless Atomify from all claims, damages, liabilities, costs, and expenses arising from your content or your failure to comply with applicable laws.

6. Prohibited Conduct

6.1 General Prohibitions

You may not use the Services to:

  • Violate any law, regulation, or third-party rights
  • Harvest, scrape, or extract data from websites in violation of their terms
  • Send unsolicited communications, spam, or engage in deceptive practices
  • Interfere with or disrupt the integrity or performance of the Services
  • Attempt to gain unauthorized access to the Services or related systems
  • Impersonate any person or entity or misrepresent your affiliation

6.2 Technical Restrictions

You may not:

  • Bypass, disable, or circumvent any security feature, access control, or technical limitation
  • Use the Services in a manner that exceeds reasonable usage limits or creates an unreasonable burden on our infrastructure
  • Use any robot, spider, or other automated system to access the Services except as expressly permitted
  • Modify, intercept, or tamper with the Services' operation

6.3 Compliance Monitoring

Atomify reserves the right, but has no obligation, to monitor your use of the Services for compliance with these Terms. We may investigate potential violations and take any action we deem appropriate.

7. Fees, Billing & Payment

7.1 Payment Terms

If you subscribe to paid features or services:

  • You agree to pay all applicable fees
  • All payments are non-refundable unless expressly stated otherwise
  • We may change our fees upon notice for future billing periods
  • Failure to pay may result in service interruption or termination

7.2 Taxes

All fees are exclusive of taxes. You are responsible for all applicable taxes except those based on Atomify's net income.

7.3 Payment Disputes

You must notify us of any billing dispute within 30 days of the charge, or you waive the right to dispute such charge.

7.4 Free Trials & Promotions

Any free trial, credit, or promotional offer is provided at our discretion and may be revoked if we determine you are not eligible or are abusing the offer.

8. Privacy & Data Processing

8.1 Privacy Policy

Our Privacy Policy (available at https://atomify.app/privacy) is incorporated by reference into these Terms and governs our collection and use of information.

8.2 Data Processing

To the extent we process any personal data on your behalf:

  • You are the data controller, and we are the data processor
  • You are responsible for obtaining all necessary consents
  • We will only process such data in accordance with your instructions and as necessary to provide the Services
  • We will implement appropriate technical and organizational measures to protect such data

8.3 Anonymized Data

We may create anonymized, aggregated data derived from your use of the Services for improving the Services, developing new features, and other legitimate business purposes.

9. Third-Party Services & Integrations

9.1 Integrated Services

The Services may allow you to connect with third-party services. Atomify is not responsible for third-party services, and your use of them is governed by their terms and privacy policies.

9.2 API Usage

Your use of any third-party APIs or services in connection with the Services must comply with their respective terms of service. You are responsible for maintaining valid credentials and adhering to rate limits or other restrictions.

9.3 No Endorsement

Atomify does not endorse, warrant, or support any third-party service that may be accessed through the Services.

10. Warranties & Disclaimers

10.1 No Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATOMIFY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10.2 Specific Disclaimers

Atomify does not warrant that:

  • The Services will meet your specific requirements
  • The Services will be uninterrupted, timely, secure, or error-free
  • The results obtained from using the Services will be accurate or reliable
  • Any errors will be corrected
  • The Services will be compatible with any third-party software, system, or service

10.3 Internet Delays

The Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Atomify is not responsible for any delays, delivery failures, or other damage resulting from such problems.

11. Limitation of Liability

11.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ATOMIFY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

11.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATOMIFY'S TOTAL LIABILITY TO YOU FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US DURING THE 12 MONTHS PRIOR TO THE CLAIM, OR $100, WHICHEVER IS GREATER.

11.3 Exceptions

The limitations in this section will not apply to damages arising from death or personal injury caused by our negligence or willful misconduct or any other liability that cannot be excluded by law.

11.4 Essential Purpose

You agree that these limitations of liability are agreed allocations of risk and apply even if Atomify has been advised of the possibility of such damages and even if any remedy fails of its essential purpose.

12. Indemnification

12.1 Your Indemnification

You will defend, indemnify, and hold harmless Atomify, its affiliates, officers, directors, employees, suppliers, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your content or data
  • Your use of the Services
  • Your violation of applicable laws or regulations
  • Any activity under your account

12.2 Procedure

Atomify will: (a) promptly notify you in writing of the claim; (b) give you sole control of the defense and settlement of the claim (provided that you may not settle any claim without Atomify's written consent if the settlement requires Atomify to admit any liability or take any action); and (c) provide reasonable assistance, at your expense.

13. Term & Termination

13.1 Term

These Terms remain in effect until terminated.

13.2 Termination by You

You may terminate these Terms and cancel your subscription by contacting us at legal@atomify.app and ceasing all use of the Services. You remain responsible for all fees incurred before termination. Upon request, we may delete your data at our discretion; otherwise, we may retain your data indefinitely.

13.3 Termination by Atomify

Atomify may terminate or suspend your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. Reasons for termination may include, but are not limited to:

  • Violation of these Terms
  • Failure to pay fees
  • Extended period of inactivity
  • Legal or regulatory requirements
  • Requests by law enforcement or government agencies
  • Unexpected technical issues or security concerns
  • Discontinuation of the Services

13.4 Effects of Termination

Upon termination:

  • Your license to use the Services ends immediately
  • You must cease all use of the Services and uninstall any software
  • We may delete your data after a reasonable period unless legally prohibited
  • All provisions of these Terms which by their nature should survive will survive

13.5 No Refunds

Termination does not entitle you to any refunds, and you remain liable for all fees incurred before termination.

14. Dispute Resolution & Governing Law

14.1 Governing Law

These Terms and any disputes arising out of or related to these Terms or the Services will be governed by the laws of the state in which Atomify LLC is incorporated, without regard to its conflict of law principles.

14.2 Dispute Resolution

For any dispute you have with Atomify, you agree to first contact us and attempt to resolve the dispute informally. If Atomify has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy by binding arbitration.

14.3 Arbitration

The arbitration will be conducted by a single neutral arbitrator in a location determined by the arbitrator. The arbitration will be conducted in accordance with the rules of the American Arbitration Association ("AAA") then in effect.

14.4 Exceptions

Nothing in these Terms will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Services.

14.5 Class Action Waiver

YOU AND ATOMIFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14.6 Limitation Period

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

15. Changes to Terms

15.1 Modifications

Atomify reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the new Terms on our website with a new "Last Updated" date.

15.2 Continued Use

Your continued use of the Services after the modified Terms are posted constitutes your acceptance of the modified Terms.

15.3 Material Changes

If the changes materially reduce your rights or increase your responsibilities, we may provide additional notice through the Services or by sending you an email.

16. General Provisions

16.1 Entire Agreement

These Terms, including our Privacy Policy, constitute the entire agreement between you and Atomify regarding the Services and supersede all prior agreements.

16.2 Severability

If any provision of these Terms is found to be unenforceable, that provision will be limited to the minimum extent necessary so that these Terms will otherwise remain in effect.

16.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without Atomify's prior written consent. Atomify may assign its rights and obligations under these Terms without your consent.

16.5 Force Majeure

Atomify will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, civil unrest, government action, labor disputes, or internet service disruptions.

16.6 No Agency

No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority to bind Atomify in any way.

16.7 Notices

Notices to you may be made via email, regular mail, or notices within the Services. Atomify may also provide notices of changes to these Terms or other matters by displaying notices within the Services.

17. Contact Information

If you have any questions about these Terms, please contact us at:

legal@atomify.app

https://atomify.app