Terms of service
Effective date: Aug 13. 2025
Thank you for using Atomato. These Terms of Service (the Terms) govern your access to and use of Atomato’s websites, apps, dashboards, APIs, browser extensions, Shopify app and related services (together, the Service). By clicking accept, creating an account, or using the Service, you agree to these Terms and acknowledge the Privacy Policy.
If you are using the Service on behalf of a company or other entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, you refers to that entity.
Important notices
- The Service is provided without warranties except as expressly stated in these Terms.
- Disputes must be resolved by binding arbitration on an individual basis, as described in Governing Law and Arbitration below.
1. Changes to these Terms
We may update these Terms from time to time. Material changes will take effect at the start of your next subscription renewal and we will notify you in the account portal or by email. For non‑material changes, we will update the “Effective date” above. Your continued use after an update becomes effective means you accept the updated Terms. If you do not agree, cancel before the next renewal.
2. The Service
2.1 Provision
Subject to these Terms and your selected pricing plan, Atomato will use commercially reasonable efforts to make the Service available. The Service may include features such as on‑site widgets, notifications, push messaging, discount and offer tools, and analytics.
2.2 Third‑party services
You may enable integrations with third‑party platforms, for example Shopify, payment processors, or data providers. Your use of third‑party services is governed by their terms and policies. Atomato is not responsible for third‑party services and does not control how they handle your data.
2.3 Agency use
If you are an agency, you may use the Service on behalf of your authorized clients as agreed in writing. You must ensure each client permits your use of the Service on its behalf and that your users comply with these Terms.
3. Your responsibilities
You will provide timely cooperation needed for the Service to function, including access to your websites or stores and to the data you choose to connect. You are solely responsible for the accuracy, quality, and legality of your content, websites, and data (Customer Content). You grant Atomato a non‑exclusive, worldwide license to use, host, reproduce, and display Customer Content only as needed to provide and improve the Service.
4. Acceptable use and restrictions
You and your users will not:
- Share access to the Service with unauthorized third parties or use it for anyone other than you or your approved clients.
- Modify, copy, translate, or create derivative works of the Service or documentation, except as allowed by law.
- Sublicense, lease, sell, resell, rent, or otherwise transfer the Service to any third party.
- Reverse engineer, decompile, or attempt to discover source code or underlying ideas or algorithms of any software in the Service, except where permitted by law.
- Interfere with the operation of the Service or its infrastructure.
- Use the Service to build a competing product or service.
- Access the Service through unapproved interfaces or automated means that violate published API rules.
- Use the Service in violation of applicable law, including data protection and anti‑spam laws.
- Remove or alter any proprietary notices on the Service or documentation.
5. Ownership
As between the parties, Atomato owns all rights, title, and interest in the Service and its improvements. You own your Customer Content and your websites. No rights are granted except as expressly stated in these Terms.
6. Feedback and usage data
You may provide ideas or suggestions about the Service (Feedback). Atomato may use Feedback without restriction or obligation. Atomato may collect and analyze information about use and performance of the Service to develop, improve, and market its offerings. Atomato may use and share such information in aggregated or de‑identified form.
7. Confidentiality
Each party may receive non‑public information from the other that is designated as confidential or that a reasonable person would understand to be confidential (Confidential Information). Each party will protect the other’s Confidential Information and use it only to perform under these Terms. This section does not restrict disclosures required by law or court order, provided the receiving party gives prompt notice when legally permitted.
8. Data protection
Atomato will implement appropriate technical and organizational measures to protect Customer Content. If we offer a Data Processing Agreement, that document forms part of these Terms when executed. You are responsible for obtaining any consents required under applicable law for your use of the Service.
9. Warranties and disclaimers
You represent and warrant that you have the necessary rights and permissions to use and provide Customer Content in connection with the Service and, if you are an agency, on behalf of your clients.
Disclaimer. The Service and any alpha or beta features are provided “as is” and “as available.” To the fullest extent permitted by law, Atomato disclaims all warranties, express or implied, including merchantability, title, non‑infringement, and fitness for a particular purpose. Atomato does not warrant that the Service will be error free, uninterrupted, or meet specific performance levels.
10. Beta features
From time to time you may be invited to try features identified as alpha, beta, preview, or otherwise not generally available (Beta Features). Beta Features may be changed, suspended, or discontinued at any time and are provided as is.
11. Fees and payment
You agree to pay the fees for the plan you select, as listed on the pricing page at pricing page, as updated from time to time. Changes to pricing take effect at your next renewal. Fees are due at the start of each subscription term and at each renewal. Fees are non‑refundable and non‑cancellable except as expressly stated. If payment is late, we may suspend or restrict access until payment is made. Fees are in U.S. dollars unless stated otherwise.
11.1 Taxes
Fees do not include taxes. You are responsible for all taxes, duties, and similar governmental charges associated with your purchase, other than taxes on Atomato’s net income.
12. Plan changes and data retention
If you upgrade, new features become available as of the upgrade date. For customers who were on Starter and upgrade to Grow or higher, analytics and data collection begin on the upgrade date and are not backfilled.
If you downgrade from Grow, Pro, or Enterprise to Starter, you will lose access to premium features. Data tied to those features will be deleted six days after the downgrade date. During this six day period, you may reverse the downgrade to preserve that data.
13. Suspension and termination
These Terms start when you accept them and continue until your account is terminated. We may suspend or terminate access for the following reasons: breach of these Terms, suspected fraud or abuse, use that negatively impacts the Service, legal prohibition, or failure to pay. We may also elect not to renew your subscription at the end of the current term with reasonable notice. If we suspend your account, we will try to notify you when practicable. No refunds are provided for suspensions or terminations.
Upon termination, your right to use the Service ends and you must stop all use. Terms that by their nature should survive will survive, including ownership, fees, confidentiality, disclaimers, indemnity, limitation of liability, and general provisions.
14. Indemnification
You will defend, indemnify, and hold harmless Atomato and its affiliates from and against any claims, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to Customer Content, your websites, your use of the Service in violation of law or these Terms, or, if you are an agency, your use on behalf of your clients. We will reasonably cooperate at your expense and may participate with our own counsel at our expense. If you do not promptly respond, we may assume defense at your expense.
15. Limitation of liability
To the maximum extent permitted by law, in no event will Atomato be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost sales, lost goodwill, or loss of data, even if advised of the possibility. Atomato’s total liability for any claim in any month will not exceed the fees paid by you for the Service during the six months before the event giving rise to the claim. These limits allocate risk between the parties and are a fundamental basis of the bargain.
16. Export controls
The Service may be subject to export control and sanctions laws. You agree to comply with all such laws and not to export or re‑export the Service to any prohibited destination or to any prohibited person or entity.
17. Publicity
We may use your name and logo to identify you as a customer on our website and in marketing materials, subject to your reasonable brand use guidelines that you provide.
18. Assignment
Neither party may assign these Terms without the other party’s consent, except either party may assign to a successor that acquires all or substantially all of its business or assets related to these Terms. Any prohibited assignment is void. These Terms bind the parties and their permitted successors and assigns.
19. Waiver
A waiver must be in writing and signed by the waiving party. A failure to enforce a provision is not a waiver of that provision.
20. Relationship of the parties
The parties are independent contractors. These Terms do not create a partnership, joint venture, employment, or agency relationship.
21. Severability
If any provision is found unenforceable, the remaining provisions will remain in full force and be interpreted to best effectuate the intent of the parties.
22. Governing law and arbitration
These Terms are governed by the laws of the State of Texas, without regard to conflict of law rules. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including the Expedited Procedures for claims under 250,000 dollars. Arbitration will be conducted on an individual basis only. Class actions and collective proceedings are not permitted. The seat and venue of arbitration will be Austin, Texas. Judgment on the award may be entered in any state or federal court located in Travis County, Texas. Either party may seek injunctive relief in those courts to protect confidential information or intellectual property. Nothing in this Section prevents either party from seeking relief in small claims court with jurisdiction over Travis County, Texas.
23. Notices
Notices to you may be provided through the account portal or by email to the address in your account. Legal notices to Atomato must be sent to: Atomato LLC, 1606 Headway Cir STE 9708 Austin, TX 78754, Attn: Legal, and to legal@atomato.com
24. Entire agreement
These Terms and any order forms or addenda, including a Data Processing Agreement if executed, make up the entire agreement between you and Atomato about the Service and supersede all prior agreements on that subject. No other terms in purchase orders or similar documents apply.
25. Force majeure
Atomato is not liable for any delay or failure to perform due to events beyond its reasonable control, including natural disasters, acts of government, labor disputes, civil disturbances, terrorism, war, cyberattacks, or failures of third‑party networks or services.
26. Interpretation
For purposes of these Terms, “including” means “including without limitation.” Headings are for convenience only.
27. Data security vulnerability acknowledgment
If you report a data security vulnerability to Atomato, we will acknowledge receipt within 24 hours and begin investigation. We may request additional information to reproduce and validate the report. We ask that you follow responsible disclosure practices and do not publicly disclose details until we have had a reasonable opportunity to address the issue.