Version 1, Effective as of June 12, 2017.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by ATOMI, acceptance is expressly limited to these terms.
You’ll need an ATOMI account to access some of our Products or Services. Your ATOMI account lets you sign in to products, websites, and services (collectively “Services”) provided by ATOMI.
1. Creating an Account
You can create an ATOMI account by signing up online. You agree not to use any false, inaccurate, or misleading information when signing up for your ATOMI account.
If you create an ATOMI account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms.
Creating an ATOMI account is free of charge.
You cannot transfer your ATOMI account to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your ATOMI account.
2. Account Use
You must use your ATOMI account to keep it active. This means you must sign in at least once in a one-year period to keep your ATOMI account, and associated Services, active, unless provided otherwise in an offer for a paid portion of the Services. If you don’t sign in during this time, we will assume your ATOMI account is inactive and will close it for you. Please see section 5.2 for the consequences of a closed ATOMI account.
If we reasonably suspect that your ATOMI account is being used by a third party fraudulently (for example, as a result of an account compromise), ATOMI may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of Your Content. If you are having trouble accessing your ATOMI account, please contact us at https://atomisystems.com/contact/.
To manage your ATOMI account, you must “Sign In” at https://app.atomisystems.com.
3. Kids and Accounts
By using the Services, you represent that you have either reached the age of “majority” where you live or have valid parent or legal guardian consent to be bound by these Terms. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help before you create an ATOMI account.
If you are the parent or legal guardian of a minor that creates an ATOMI account, you accept these Terms on the minor’s behalf and are responsible for all use of the ATOMI account, Products, or Services, including purchases, whether the minor’s account is now open or created later.
You can use your ATOMI account to subscribe to one or more paid Services we offer. In such a case, you will have to accept our then current Subscription License Agreement at https://atomisystems.com/license-terms/subscription-license-agreement/.
5. Closing Your Account
5.1. You can cancel specific Services, or close your ATOMI account at any time and for any reason. When you ask us to close your ATOMI account, we will put it in a suspended state for 60 days just in case you change your mind. After that 60-day period, your ATOMI account will be closed. Please see section 5.2 below for a detailed explanation as to what happens when your ATOMI account is closed. Logging back in during that 60-day period will reactivate your ATOMI account.
5.2. If your Services are canceled or your ATOMI account is closed (whether by you or us), a few things happen. First, your right to use the Products, or Services stops immediately and your license to use the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your ATOMI account or will otherwise disassociate it from you and your ATOMI account (unless we are required by law to keep it). You should have a regular backup plan as ATOMI won’t be able to retrieve Your Content or Data once your account is closed. Third, you may lose access to material or products you’ve acquired.
5.3. Unless you are subscribing to one or more of our paid Services, ATOMI reserves the right to terminate and close your ATOMI account at any time, with or without cause, with or without notice, effective immediately.
6. Service Notifications
When there’s something important to tell you about a Service you use, we’ll send you Service notifications to the email associated with your ATOMI account. If you gave us your phone number in connection with your ATOMI account, then we may send Service notifications to you via SMS (text message), including to verify your identity before registering your mobile phone number. Data or messaging rates may apply when receiving notifications via SMS.
7. Service Availability
We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and ATOMI is not liable for any disruption or loss you may suffer as a result.
8. Disclaimer of Warranties
Our Services are provided “as is.” and “as available” ATOMI and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ATOMI nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
This Agreement constitutes the entire agreement between ATOMI and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ATOMI, or by the posting by ATOMI of a revised version.
We may change these Terms at any time, and we’ll tell you when we do.
– If you are subscribing to our paid Services then the changes will take effect from your next subscription period.
– Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services, close your ATOMI account and/or Skype account and, if you are a parent or guardian, help your minor child close his or her ATOMI account.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.