Terms of Service

Last modified [30/08/2024]

Welcome to Atomu!

These Terms of Service ("TOS") govern your use of our website at https://atomu.ai/ (the "Website").

Before using the Website or Services, you must carefully review and agree to these TOS. Understanding your rights, responsibilities, and limitations while using the Website and Services is crucial. If you have any questions about the TOS, please contact us for clarification.

The Website and Services are intended for users over 18 years old. If you're under 18, you must not access or use the Website or Services. For more information, refer to our Underage Policy at https://atomu.ai/legal/underage

1. ABOUT Atomu

Atomu is owned and operated by Atomu, Inc, registered in Delaware, USA, with its primary business location in San Diego.

We offer users the ability to create with various AI tools and engage in conversations with other users or AIs with chat functionality. Users can create AI media as well as see media published by others.

Atomu can generate images based on text descriptions. While we aim to ensure the safety and appropriateness of generated images, we cannot guarantee this. We are not liable for any consequences resulting from the use of our image generation feature. We encourage responsible use and awareness that generated images may not be accurate or realistic.

To use our Services, you must register a Atomu user account using either social login (Discord, Google) or an email address and password.

We offer core Services free of charge, providing basic functionalities. Additional credits can be purchased to access the full range of features detailed on the Website.

2. YOUR ACCEPTANCE OF THESE TOS

By accepting these TOS and using the Website or Services, you confirm that:

1. You are over 18 years old and legally capable of accepting and complying with these TOS.
2. You agree to follow all provisions of these TOS in good faith.
3. You have never been previously banned or excluded from using our Website or Services.

To access and use the Website or Services, you must also review and agree to our Privacy Policy and Community Guidelines.

If you disagree with these TOS, our Privacy Policy, our Community Guidelines, or any other policies governing the use of the Website or Services, please refrain from using them and remove any downloaded applications and related content.

3. MODIFICATIONS AND NOTIFICATIONS

We reserve the right to modify or discontinue the Website or Services (partially or entirely) at any time, with or without notice. We are not obligated to maintain or update the Website or Services. By using them, you acknowledge that Atomu is not liable to you or any third party for any modifications, suspensions, or terminations.

Unless stated otherwise, any new features enhancing or augmenting the existing Website or Services will be subject to these TOS. We may revise these TOS at any time and recommend reviewing them whenever you use the Website or Services. Your continued use indicates acceptance of the latest version. For significant changes to these TOS, we will notify you upon accessing the Website or Services and/or via email (if available).

4. RELATIONSHIP BETWEEN TOS AND OTHER POLICIES

These TOS govern your use of the Website and Services. However, they work in conjunction with several other important policies:

1. Privacy Policy: Outlines our practices for collecting, using, and protecting your personal information.
2. Community Guidelines: Defines expected user behavior and interactions.
3. Blocked Content Policy
4. DMCA Policy
5. Complaint Policy
6. Refund Policy
7. Cancellation Policy
8. Underage Policy

All these policies, including the TOS, Privacy Policy, and Community Guidelines, are binding agreements that regulate your interaction with the Website and Services. They collectively ensure a safe and enjoyable experience for all users.

5. LINKS TO AND FROM THE SERVICE

External Links

The Service may contain links to third-party websites, applications, and social media platforms not owned or managed by Atomu. Please note:

• Atomu does not control these third-party platforms and is not responsible for their content, privacy practices, or conduct.
• Your use of these platforms is at your own discretion.
• These links are provided for informational and convenience purposes only.
• The presence of these links does not imply endorsement, support, or affiliation with the linked content or its administrators.
• Atomu cannot monitor or alter the content of any third-party platform.

By using the Website and Services, you release Atomu, its affiliates, and their respective officers, directors, employees, representatives, stakeholders, licensors, licensees, and vendors (collectively, the "Atomu Entities") from any liability arising from your interactions with third-party websites or digital services. The Atomu Entities are not liable for any loss or damage resulting from such engagements.

We recommend exercising caution when leaving the Website and Services and carefully reviewing the terms and conditions of each external site you visit.

Linking to the Website

Unless otherwise agreed in writing with Atomu, you may create a link to the Website from your website, provided you adhere to these conditions:

1. Do not frame the Website or any part of it.
2. Do not interfere with or disrupt the "back" button functionality of an end-user's browser.
3. Use only plain text to represent the Atomu name; do not use Atomu logos.
4. Do not imply that Atomu endorses or is affiliated with you or your website.
5. Do not place the link on any site that is defamatory, harassing, obscene, malicious, or offensive, or in a manner that could harm Atomu's reputation or rights.

Atomu reserves the right to revoke your permission to link to the Website at any time, with or without reason.

6. USER SUBMISSIONS

Users can submit feedback, annotations, text, graphics, photos, videos, materials, data, comments, ideas, knowledge, techniques, or other content ("User Submissions") to the Website and Services. These submissions may be stored, distributed, or displayed through the Website and Services. For instance, users can upload text, photos, and illustrations.

While Atomu values your input, please note:

1. Except for personal data collected as per our Privacy Policy, User Submissions are considered non-confidential and non-proprietary.
2. Atomu provides no guarantee of confidentiality for User Submissions, offers no compensation, and has no obligation to acknowledge or display them.

Your Responsibility

You are solely responsible for your User Submissions and the consequences of sharing or publishing them.

Ownership and License

Atomu does not claim ownership of your User Submissions. However, by submitting content, you grant Atomu and its successors, assignees, and affiliates a worldwide, unrestricted, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, create derivative works from, display, promote, perform, and otherwise exploit all intellectual property rights in the User Submissions in connection with the Website, Services, and Atomu's operations.

You also grant each user of the Website and Services a worldwide, non-exclusive, royalty-free license to access your User Submissions through the Website and Services, and to use, reproduce, distribute, create derivative works from, display, and perform such User Submissions as permitted by the Website and Services' functionality and these TOS.

Modified Content

Any derivative content, modifications, edits, or alterations made by or on behalf of Atomu to User Submissions ("Modified Content") becomes the sole and exclusive property of Atomu. You transfer all rights, title, and interests in the Modified Content to Atomu.

User Guarantees

In relation to User Submissions, you confirm that you will not:

1. Submit copyrighted or proprietary content without proper rights or permissions.
2. Share false or misleading information that could harm Atomu or any third party.
3. Submit content related to gambling, gaming, or sweepstakes requiring an entry fee.
4. Submit inappropriate content.

You agree to cover all royalties, fees, and payments due to any entity because of your User Submissions.

Atomu's Rights and Responsibilities

Atomu does not endorse any User Submission or opinion therein and disclaims all liability associated with User Submissions. While Atomu may not always monitor User Submissions, it reserves the right to monitor, modify, edit, or remove Content and block users without notice for any reason.

Atomu prohibits activities infringing on intellectual property rights and will remove infringing Content upon proper notification (see Section 11).

User Acknowledgment

You understand that when using the Website and Services, you may encounter User Submissions that are inaccurate, offensive, indecent, or objectionable. You waive any legal claims against Atomu and Atomu Entities related to such encounters. You agree to indemnify, defend, and hold harmless Atomu and Atomu Entities regarding any matters arising from your use of the Website and Services.

7. USERS WHO BREACH Terms of Service OR COMMUNITY GUIDELINES

Atomu reserves the right to deactivate, partially deactivate, or terminate the accounts of users who violate these TOS or the Community Guidelines. This includes, but is not limited to:

1. Users who share User Submissions that infringe on copyrights, trademarks, publicity rights, or other intellectual property rights, especially if done repeatedly.
2. Users who fail to pay applicable fees for using the Website and Services.
3. Users who provide false or misleading information.
4. Users who violate these TOS, including any warranties.
5. Users who violate our standards on adult nudity and sexual conduct or any other Community Guideline.
6. Users who misuse or challenge Atomu's rights in the Content.

8. RESTRICTIONS ON USE OF THE SERVICE

In using the Website and Services, you must comply with our Community Guidelines. Specifically, you must not:

• Use the Service for any purpose not explicitly authorized by Atomu.
• Copy, extract, or share any part of the Service without Atomu's express written permission.
• Modify, adapt, or create derivative works from any part of the Service without explicit written permission from Atomu.
• Alter, reproduce, share, retrieve, or use any Service content except for your lawful content published on or associated with the Service.
• Provide false personal information or create an account for someone else without authorization.
• Include another person in a photo without their consent.
• Create a new account after your account has been deactivated without our approval.
• Share your login details or allow others to use your account.
• Assign or transfer your account or login credentials to any other party.
• Use automated tools or crawlers with the Service, except for general-purpose internet search engines and non-profit public archives using tools solely for presenting hyperlinks to the Service.
• Publish, submit or generate prohibited content, including confidential, false, threatening, defamatory, obscene, or illegal material as outlined in our Blocked Content Policy.
• Violate intellectual property rights or upload copyrighted material without permission.
• Use the Service in a way that could harm or disrupt the Service or other users' engagement.
• Access content via unauthorized means or promote gambling, contests, or misleading activities.
• Misrepresent your identity or collect private information of other members.
• Send unsolicited communications or engage in disruptive activities or spam.
• Remove or interfere with advertisements associated with the Service.
• Encourage users to join or contribute to entities other than Atomu.
• Introduce harmful software or viruses, intimidate, harass, or endanger minors.

Atomu will fully cooperate with law enforcement agencies or court orders requiring the disclosure of anyone breaching these Terms of Service.

We prioritize the online safety of children and do not knowingly collect information about children under 18 years old. Do not post any personal data or information identifying a child under 18 years old on or through the Website and Services. If you are under 18 years old, do not attempt to provide information or use the Website and Services.

9. INTELLECTUAL PROPERTY

All content on the Website and Services, including but not limited to graphics, videos, audio clips, text, software, photos, scripts, interfaces, artistic elements, templates, design structures, and interactive functionalities ("Content"), as well as trademarks, service marks, and logos ("Marks"), are either owned by or licensed to Atomu. This Content is protected by the United States, and/or international intellectual property laws and treaties.

Atomu holds copyright in the selection, organization, arrangement, and enhancement of the Content. Unauthorized use of materials on the Website and Services or the Marks may violate copyright, trademark, and other legal rights. Atomu and the Atomu logo are trademarks of Atomu, INC

Permitted Use

For personal use, you may view, copy, and print pages from the Website and Services. However, any duplication, download, modification, reproduction, distribution, display, performance, broadcasting, transmission, or exploitation of the Website and Services without prior written approval from the relevant owners is strictly prohibited.

Atomu retains all rights not explicitly granted regarding the Website and Services, the Content, and the Marks. You agree not to use, copy, download, or distribute any Content unless explicitly permitted herein, including for commercial purposes associated with third-party User Submissions accessed via the Website and Services.

Restrictions

Except for the images / videos you've created on Atomu, the following activities are prohibited without explicit written permission from Atomu:

• Integrating, broadcasting, or conveying the Content through any software or hardware platform, frames, or in-line links
• Creating, reproducing, promoting, or disseminating an index of notable parts of the Content
• Using the Content to establish any form of business

If you duplicate, screenshot, download, or print portions of the Content for personal use, you must retain all embedded copyright and proprietary indicators.

You agree not to bypass, disable, or otherwise interfere with Website and Services security features or those limiting the use or copying of any Content. Scraping or extracting data from the Website and Services is strictly prohibited.

10. ADVERTISEMENT DISCLAIMER AND RELEASE OF LIABILITY

Atomu does not take responsibility for advertisements or any third-party content showcased or transmitted through the Website and Services. Our endorsement of services provided by advertisers or other content on the Website and Services ("Advertisers") is not implied.

Any interactions you have with Advertisers on the Service are strictly between you and the Advertisers. Atomu cannot be held accountable for any losses or claims you might incur as a result of dealings with an Advertiser.

Release of Liability

By using the Website and Services, you explicitly agree to release Atomu and Atomu Entities from any claims, demands, or damages arising from or connected to:

1. Your use of the Website and Services
2. Your interactions with Advertisers or other third parties

Additionally, you voluntarily waive any rights and benefits that might be conferred by any law intending to limit the extent of such a release or waiver.

11. NOTICE AND PROCEDURE FOR SUBMITTING CLAIMS OF INTELLECTUAL PROPERTY VIOLATION

If you believe that any Content or User Submissions on the Website and Services infringe upon your copyright or violate your intellectual property rights, you may submit a notice under the Digital Millennium Copyright Act ("DMCA"). Please provide a written notification containing the following information (as per 17 U.S.C. 512(c)(3) and 512(d)):

1. Your physical or electronic signature.
2. Identification of the copyrighted work claimed to be infringed, or a representative list if multiple works are involved.
3. Details identifying the infringing material or activity and information reasonably sufficient to locate it.
4. Your contact information: address, telephone number, and email address (if available).
5. A statement asserting your good faith belief that the use of the material is unauthorized by the copyright owner or law.
6. A statement confirming the accuracy of the notification and your authority to act on behalf of the copyright owner.

Direct DMCA notifications to: ADDRESS Email: [email protected]

Please note that false claims or misrepresentations may result in legal consequences. DMCA notifications should only be sent for instances of alleged copyright infringement or intellectual property rights violations.

12. TRADEMARKS AND CELEBRITY RIGHTS PROTECTION

Atomu is committed to addressing claims of Content that potentially infringes on trademarks or rights associated with celebrities.

Trademarks

Trademarks include logos, brand names, and trade dress (the unique visual appearance of a product or its packaging).

Right of Publicity

Celebrities, and sometimes others, have a "right of publicity," which gives them control over the commercial use of their name, image, likeness, and other personal identity elements. Using a celebrity's name or image on the Website and Services without explicit consent may infringe upon their rights.

Filing a Claim

If you are a trademark holder or a celebrity concerned about potential infringements on the Website and Services, submit a claim of infringement to our representative as mentioned in Section 11. To file a claim, you must either be the celebrity or trademark holder, or an authorized agent acting on their behalf.

For trademark or trade dress violation claims, please provide:

1. Documentation demonstrating your ownership of the trademark (e.g., a trademark registration certificate issued by the government authority).
2. The exact location on the Website or Services where you suspect the infringement is occurring.

13. MISTAKES, DISCREPANCIES, AND OVERSIGHTS