AtomicSam Terms of Use
Welcome to AtomicSam. These Terms set the ground rules for using our website and services. We've written them for humans first. If you're reading this end-to-end, you're either very diligent or you've been appointed "the person who reads Terms". Either way, welcome.
By accessing or using AtomicSam, you agree to these Terms. If you use AtomicSam on behalf of an organisation, you confirm you're authorised to accept these Terms for that organisation.
1. Definitions
- •AtomicSam means our websites, applications, and related services.
- •Customer means the organisation subscribing to AtomicSam.
- •User means anyone invited to use AtomicSam under a Customer account.
- •Content means information submitted to AtomicSam, including client records, job details, files, notes, and messages.
- •Subscription means the plan (paid or trial) that grants access to AtomicSam.
2. Eligibility
You must be able to form a legally binding contract to use AtomicSam. Users must be at least 16 years old (or the minimum age required in your region).
3. Accounts and security
You're responsible for activity under your account, especially admin access. You agree to keep credentials secure, keep account details accurate, and notify us promptly if you suspect unauthorised access.
If passwords are shared, we can't tell whether it was "a colleague" or "someone who shouldn't be here". Please don't share passwords.
4. Your Content and your ownership
You own your Content. We don't.
You grant us a limited right to host, process, transmit, and display your Content only to provide AtomicSam, keep it secure, troubleshoot, provide support, and improve the service in a way that does not disclose your Content to other customers.
You're responsible for the legality of your Content and for ensuring you have the rights to upload and use it.
5. Privacy
Our Privacy Policy explains how we handle personal information and forms part of these Terms. If there's a conflict on a privacy matter, the Privacy Policy applies.
6. Acceptable use
Please don't misuse AtomicSam. You agree not to:
- •break laws using the service
- •attempt unauthorised access
- •reverse engineer or scrape the platform
- •bypass security controls
- •upload malware
- •spam users
- •infringe anyone's rights
We may suspend or restrict access if we reasonably believe there's a security risk, unlawful activity, or a serious breach of these Terms.
7. Subscriptions, billing, taxes, and price changes
AtomicSam is generally billed in advance on a recurring basis, unless an order form states otherwise. Fees are non-refundable for partial periods, except where the law requires otherwise.
Taxes
Prices are exclusive of tax unless stated otherwise. New Zealand GST may apply.
Plan changes
If you upgrade or downgrade, we may apply prorated charges or credits depending on the plan rules at the time.
Failed or late payments
If payments fail or remain unpaid, we may suspend access after reasonable notice. You remain responsible for outstanding fees.
Price changes
We may change prices from time to time. If we do, we'll provide reasonable notice before changes take effect for your next billing period.
8. Trials
If we offer a trial, it's for evaluation. At the end of a trial, your account may convert to a paid plan if you choose to subscribe, or it may be limited or suspended if you don't. Where practical, we'll provide fair warning.
9. Third-party services and integrations
AtomicSam may integrate with third-party services. When you enable an integration, you direct AtomicSam to exchange data with that provider based on your settings.
We're not responsible for third-party services, their availability, their security, or their terms. Your use of third-party services is governed by their terms.
10. Availability, changes, and support
We work hard to keep AtomicSam reliable, but you acknowledge services can have occasional interruptions (maintenance, upgrades, unexpected issues). We may modify, improve, or discontinue features over time.
Support is provided via support@atomicsam.com and any in-app support channels we make available.
11. Beta features
We may offer beta or early-access features. These are provided "as is", may change quickly, and may be less stable. Use them with appropriate caution.
12. Intellectual property and feedback
AtomicSam, including its software, design, trademarks, and underlying technology, is owned by us or our licensors. You receive a limited, non-exclusive, non-transferable right to access and use AtomicSam during your Subscription, subject to these Terms.
If you provide feedback or suggestions, you allow us to use them without obligation to you. If we implement your idea, you still get bragging rights at least once.
13. Confidentiality
Each party may receive confidential information from the other. Both parties agree to keep it confidential, use it only to perform obligations under these Terms, and protect it with reasonable care.
Confidentiality doesn't apply to information that is public, already known, independently developed, or required to be disclosed by law.
14. Security and breach notifications
We use practical technical and organisational measures designed to protect information. If we become aware of a security incident affecting personal information, we'll take reasonable steps to investigate, mitigate, and notify relevant parties where required by law and appropriate in the circumstances.
Security and breach questions: privacy@atomicsam.com.
15. Copyright and IP infringement claims
If you believe Content in AtomicSam infringes your intellectual property rights, contact privacy@atomicsam.com with details reasonably sufficient for us to investigate. We may remove or restrict access to the relevant Content where appropriate.
16. Warranties and disclaimers
AtomicSam is provided on an "as available" basis. We don't promise the service will be uninterrupted, error-free, or perfectly suited to every workflow.
Nothing in these Terms excludes consumer guarantees or rights that cannot be excluded under applicable law, including New Zealand consumer law and any applicable Australian consumer law protections.
17. Limitation of liability
To the maximum extent permitted by law, we are not liable for indirect or consequential loss (including loss of profits, revenue, goodwill, or opportunity).
Our total aggregate liability arising out of or related to AtomicSam and these Terms is limited to the fees paid (or payable) by the Customer to us for AtomicSam in the 12 months immediately before the event giving rise to the claim.
This limitation does not apply to liability that cannot be limited by law.
18. Indemnity
You agree to indemnify us for reasonable losses, damages, and expenses arising from third-party claims relating to your Content, your breach of these Terms, or your unlawful use of AtomicSam.
19. Termination
Either party may cancel your Subscription. We may terminate or suspend access if you breach these Terms, if required by law, or if your account is dormant for an extended period.
If you want to cancel, you can do so in-app or by contacting us. Details on data retention and export are set out in our Subscription Terms.
20. Governing law and disputes
These Terms are governed by the laws of New Zealand. Both parties submit to the non-exclusive jurisdiction of New Zealand courts.
If a dispute arises, we'd prefer to resolve it pragmatically. Reach out to hello@atomicsam.com and let's talk first.
21. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we'll give you reasonable notice (by email or in-app). Continued use of AtomicSam after changes take effect means you accept the updated Terms.
If you don't agree with changes, you may stop using AtomicSam and cancel your Subscription before the changes apply.
22. General provisions
- •Entire agreement: These Terms (together with the Privacy Policy and any Order Form) are the complete agreement between us.
- •Severability: If any provision is found unenforceable, the rest survive.
- •No waiver: Not enforcing a right doesn't waive it.
- •Assignment: You can't assign your rights without our consent. We may assign ours in connection with a merger, acquisition, or sale of assets.
23. Contact
Questions about these Terms: hello@atomicsam.com