Atomato Terms of Service

Effective date: July 1, 2026

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, web pixels, integrations, and related services, collectively the “Service.”

The Service is provided by Binaery LLC d/b/a Atomato (“Atomato,” “we,” “us,” or “our”).

By clicking accept, creating an account, installing the Atomato Shopify app, or using the Service, you agree to these Terms and acknowledge our Privacy Policy.

If you do not agree to these Terms, do not use the Service.

If you are using the Service on behalf of a company, merchant, agency, or other entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, “you” and “your” refer 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 the “Governing Law and Arbitration” section below.

Analytics, attribution, and revenue reporting features are informational only and may not match Shopify reports, payment processor records, tax records, accounting records, financial statements, or actual revenue totals.

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 through the account portal, dashboard, Shopify app interface, or by email.

For non-material changes, we may update the “Effective date” above.

Your continued use of the Service after an update becomes effective means you accept the updated Terms. If you do not agree, you must stop using the Service and cancel before the next renewal.

2. The Service

2.1 Provision of the Service

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, notification feeds, popups, push messaging, discount and offer tools, in-feed upsells, email/SMS capture tools, campaign targeting, analytics, attribution reporting, dashboard insights, and related functionality.

Feature availability may vary based on your plan, store configuration, Shopify permissions, theme compatibility, browser restrictions, consent settings, and third-party platform availability.

2.2 Shopify Platform

Atomato is a Shopify app and may use Shopify APIs, Shopify Admin APIs, webhooks, customer events, app embeds, web pixels, checkout-related events, and other Shopify platform functionality.

Your use of Shopify is governed by Shopify’s own terms, policies, and requirements. Atomato is responsible for the Atomato Service, but Shopify is not responsible for Atomato’s operation, support, performance, analytics, errors, availability, or merchant-facing claims unless Shopify expressly states otherwise.

You are responsible for ensuring that your use of Atomato complies with Shopify’s requirements, your Shopify merchant agreement, and any applicable Shopify policies.

Shopify may change its APIs, events, permissions, checkout behavior, billing systems, app review requirements, or platform features. Atomato is not liable for delays, limitations, degraded functionality, or discontinued features caused by Shopify platform changes or third-party platform changes.

2.3 Third-Party Services

You may enable integrations with third-party platforms, such as Shopify, payment processors, data providers, marketing tools, email/SMS providers, subscription platforms, review platforms, loyalty platforms, customer support platforms, or analytics providers.

Your use of third-party services is governed by their own terms and policies. Atomato is not responsible for third-party services and does not control how they handle your data.

Atomato is not liable for third-party service outages, API changes, inaccurate data, delayed events, permission issues, billing issues, security incidents, or discontinued integrations.

2.4 Agency Use

If you are an agency, you may use the Service on behalf of your authorized clients as permitted by your plan or as agreed in writing.

You must ensure that each client authorizes your use of the Service on its behalf and that your users and clients comply with these Terms.

You are responsible for your clients’ use of the Service, your configuration of the Service on client stores, and any content, data, or settings you submit or manage on behalf of your clients.

3. Your Responsibilities

You will provide timely cooperation needed for the Service to function, including access to your websites, stores, Shopify account, app permissions, integrations, and data you choose to connect.

You are solely responsible for:

• The accuracy, quality, and legality of your websites, store, content, campaigns, data, offers, discounts, product information, and settings
• Your use of the Service
• Your users’ use of the Service
• Your compliance with applicable laws
• Your customer-facing privacy disclosures
• Obtaining legally required consents
• Reviewing and testing campaigns before publishing
• Ensuring that offers, discounts, claims, and marketing messages are accurate and lawful
• Ensuring that campaign targeting, analytics, tracking, and storage features are configured lawfully

For purposes of these Terms, “Customer Content” means content, copy, images, campaign materials, settings, offers, discounts, messages, branding, and other materials that you submit, upload, configure, or display through the Service.

For purposes of these Terms, “Merchant Data” means data from or about your store, products, variants, collections, discounts, orders, checkouts, customer events, customer interactions, campaign events, analytics events, and related Shopify or integration data.

You grant Atomato a non-exclusive, worldwide license to use, host, reproduce, display, process, transmit, and store Customer Content and Merchant Data only as needed to provide, secure, support, maintain, and improve the Service, comply with law, and as otherwise described in these Terms, the Privacy Policy, or an applicable Data Processing Agreement.

4. Merchant Notices, Consents, and Legal Compliance

You are responsible for providing all legally required notices and obtaining all legally required consents for your use of the Service.

This includes any notices or consents required for:

• Cookies
• Local storage
• Session storage
• Web pixels
• Analytics
• Attribution tracking
• Campaign performance tracking
• Email/SMS capture
• Marketing messages
• Discounts and promotional offers
• Customer events
• Checkout and order attribution
• Other tracking, storage, or similar technologies used on your storefront

You are responsible for configuring Atomato in a way that complies with applicable privacy, data protection, ecommerce, consumer protection, advertising, marketing, anti-spam, and platform laws.

You represent and warrant that you have all necessary rights, permissions, notices, and consents required to make Customer Content and Merchant Data available to Atomato and to allow Atomato to process that information to provide the Service.

Merchant Store Responsibility

Merchant is solely responsible for the operation, configuration, content, design, theme, checkout settings, products, pricing, discounts, offers, apps, scripts, integrations, customer communications, legal disclosures, and overall management of Merchant’s Shopify store or website.

Atomato is not responsible for any issue, loss, claim, customer complaint, revenue loss, checkout issue, discount error, theme conflict, data discrepancy, legal claim, or business impact arising from or related to:

• Merchant’s store configuration
• Merchant’s Shopify theme or custom code
• Merchant’s products, pricing, discounts, offers, or promotions
• Merchant’s content, claims, messaging, or customer communications
• Merchant’s use or misuse of the Service
• Merchant’s failure to test campaigns before publishing
• Merchant’s failure to provide legally required notices or obtain legally required consents
• Merchant’s other apps, scripts, pixels, integrations, or third-party services
• Shopify platform changes, API changes, checkout changes, outages, or restrictions
• Browser restrictions, consent settings, privacy tools, ad blockers, or customer device behavior
• Actions taken by Merchant, Merchant’s employees, contractors, agencies, developers, or other authorized users

Merchant is responsible for reviewing, testing, and approving all campaigns, widgets, messages, discounts, targeting rules, analytics settings, and storefront changes before enabling or publishing them.

Atomato will not be liable for damages, losses, claims, customer disputes, lost revenue, lost profits, or business interruptions caused by Merchant’s store, configuration, content, third-party tools, or business decisions, except to the extent directly caused by Atomato’s material breach of these Terms, gross negligence, or willful misconduct.

5. 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, disassemble, or attempt to discover source code or underlying ideas or algorithms of the Service, except where permitted by law
• Interfere with the operation, security, availability, or infrastructure of the Service
• Use the Service to build, train, or support 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, privacy, consumer protection, anti-spam, marketing, or ecommerce laws
• Use the Service to send unlawful, deceptive, misleading, harmful, abusive, or infringing content
• Use the Service to collect sensitive personal information unless expressly permitted by Atomato in writing and supported by your plan
• Remove or alter any proprietary notices on the Service or documentation
• Attempt to bypass plan limits, billing limits, usage limits, security controls, or access restrictions
• Upload malicious code, malware, spyware, or harmful scripts
• Use the Service in a way that may damage Atomato, Shopify, merchants, customers, or third-party systems

6. Ownership

As between the parties, Atomato owns all rights, title, and interest in the Service, software, dashboard, app, APIs, web pixels, documentation, designs, workflows, attribution logic, analytics methods, features, improvements, and related intellectual property.

You own your Customer Content, Merchant Data, websites, and stores.

No rights are granted except as expressly stated in these Terms.

7. Feedback and Usage Data

You may provide ideas, suggestions, requests, comments, or feedback about the Service (“Feedback”).

Atomato may use Feedback without restriction, attribution, or obligation to you.

Atomato may collect and analyze information about use and performance of the Service to operate, secure, support, maintain, and improve the Service.

Atomato may use and share aggregated or de-identified information for analytics, benchmarking, product improvement, business operations, and marketing, provided such information does not reasonably identify you, your store, your customers, or any individual.

8. 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 party’s Confidential Information using reasonable care and will use it only to perform under these Terms.

Confidential Information does not include information that is publicly available, independently developed without use of the other party’s Confidential Information, rightfully received from a third party without confidentiality obligations, or approved for release in writing.

This section does not restrict disclosures required by law, court order, or governmental authority, provided the receiving party gives prompt notice when legally permitted.

9. Data Protection

Atomato will implement reasonable technical and organizational measures designed to protect Customer Content and Merchant Data, taking into account the nature of the data and the risks involved.

If Atomato offers and you execute a Data Processing Agreement, that agreement forms part of these Terms.

Where Atomato processes personal information about merchant customers on your behalf, Atomato acts as a service provider or processor to you, and you remain responsible for determining the lawful basis for processing and for providing required notices and consents.

Atomato does not sell merchant customer personal information and does not use merchant customer personal information for Atomato’s own advertising.

10. Analytics and Revenue Attribution

The Service may include analytics, campaign reporting, and revenue attribution features for Atomato campaigns, including NotiFeed, NotiPop, NotiSell, and related tools.

Atomato may collect and process event-level analytics to measure campaign performance and attribution. This may include:

• Add-to-cart events
• Checkout started events
• Checkout completed events
• Campaign type and campaign ID
• Campaign click timestamps
• Session identifiers
• Attribution metadata
• Checkout tokens or checkout linkage references
• Order identifiers or order linkage references
• Product and variant identifiers
• Quantity
• Currency
• Attributed revenue
• Customer identifiers only when available from Shopify or connected integrations

Revenue attribution metrics are provided on a best-effort basis and may be affected by factors outside Atomato’s control, including:

• Browser changes
• Device changes
• Tracking prevention technologies
• Cookie, local storage, or session storage restrictions
• Consent settings
• Ad blockers or privacy tools
• Cross-device behavior
• Logged-out or guest checkout behavior
• Customer checkout behavior outside attribution windows
• Shopify event availability
• Delayed event delivery
• Network interruptions
• Merchant configuration
• Theme changes
• App embed or web pixel limitations
• Third-party platform changes

Confirmed, pending, abandoned, and attributed revenue may be calculated using event-based attribution logic and defined attribution windows, including campaign click windows, add-to-cart attribution windows, checkout linkage windows, and order completion events.

Analytics and attribution metrics are informational only. They may not match Shopify reports, payment processor records, tax records, accounting records, financial statements, or actual revenue totals.

Atomato does not guarantee that analytics, attribution, or revenue reporting will be complete, accurate, uninterrupted, error-free, or available for every customer, session, cart, checkout, or order.

You are solely responsible for reviewing analytics outputs and deciding how to use them.

Atomato is not responsible for business, marketing, financial, legal, tax, accounting, or operational decisions made based on analytics or attribution data.

11. No Financial, Accounting, Tax, or Legal Advice

The Service may provide analytics, revenue estimates, campaign insights, conversion metrics, attribution data, recommendations, or other informational outputs.

These outputs are provided for informational purposes only and do not constitute financial, accounting, tax, investment, legal, compliance, or professional advice.

You should consult qualified professionals before making financial, legal, tax, accounting, or compliance decisions.

12. Warranties and Disclaimers

You represent and warrant that:

• You have the necessary rights and permissions to use and provide Customer Content and Merchant Data in connection with the Service
• Your use of the Service complies with applicable laws
• Your Customer Content, campaigns, offers, discounts, claims, and messages are accurate, lawful, and not misleading
• If you are an agency, you have authority to use the Service on behalf of your clients

The Service and any alpha, beta, preview, or experimental features are provided “as is” and “as available.”

To the fullest extent permitted by law, Atomato disclaims all warranties, express, implied, statutory, or otherwise, including merchantability, title, non-infringement, fitness for a particular purpose, accuracy, availability, reliability, and performance.

Atomato does not warrant that the Service will be error-free, uninterrupted, secure, available at all times, compatible with every Shopify theme, compatible with every browser, or meet specific performance, revenue, conversion, attribution, or business results.

13. Beta Features

From time to time, you may be invited to try features identified as alpha, beta, preview, experimental, early access, or otherwise not generally available (“Beta Features”).

Beta Features may be changed, suspended, limited, or discontinued at any time.

Beta Features are provided as is and may be less reliable than generally available features.

Atomato is not liable for any loss, damage, error, data issue, or business impact arising from Beta Features.

14. Fees and Payment

You agree to pay the fees for the plan you select, as listed on Atomato’s then-current pricing page, in the Shopify billing screen, in an applicable order form, or in another written agreement with Atomato.

If you subscribe through Shopify, billing may be handled through Shopify’s billing system and may be subject to Shopify’s billing terms and processes.

If you subscribe directly through Atomato, you authorize Atomato or its payment processor to charge your selected payment method for fees, renewals, usage-based charges, upgrades, add-ons, and applicable taxes.

Changes to pricing take effect at your next renewal unless otherwise stated.

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 in these Terms or required by law.

If payment is late, failed, disputed, reversed, or unavailable, we may suspend, restrict, or terminate access to the Service until payment is made.

Fees are in U.S. dollars unless stated otherwise.

14.1 Taxes

Fees do not include taxes.

You are responsible for all taxes, duties, levies, and similar governmental charges associated with your purchase, other than taxes on Atomato’s net income.

Atomato or its payment processor may calculate and collect applicable taxes where required.

15. Plan Changes and Data Retention

If you upgrade, new features become available as of the upgrade date unless otherwise stated.

For customers who were on Starter or another limited plan and upgrade to Grow or higher, analytics and data collection begin on the upgrade date and are not backfilled unless expressly stated.

If you downgrade from Grow, Pro, Enterprise, or another paid plan to Starter or a lower plan, you may lose access to premium features, campaigns, settings, analytics, attribution data, reporting, integrations, or other plan-specific functionality.

Data tied to downgraded premium features may be deleted six days after the downgrade date. During this six-day period, you may reverse the downgrade to preserve that data.

Atomato may retain billing records, tax records, fraud-prevention logs, security logs, legal records, and aggregated or de-identified data as permitted by law.

Revenue attribution event data used for session, checkout, and campaign linkage may be retained for a limited period, such as up to 30 days for session and checkout linkage, unless a longer period is required for legal, security, fraud-prevention, dispute, or compliance purposes.

Add-to-cart attribution windows may be limited to a defined period, such as up to 6 hours from a campaign click.

16. Suspension and Termination

These Terms start when you accept them and continue until your account is terminated or your subscription ends.

We may suspend or terminate access to the Service for the following reasons:

• Breach of these Terms
• Failure to pay
• Suspected fraud, abuse, security risk, or unlawful activity
• Use that negatively impacts the Service, Atomato, Shopify, merchants, customers, or third parties
• Legal prohibition
• Platform requirement
• Excessive support, infrastructure, or usage burden
• Misuse of analytics, messaging, tracking, or campaign features

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 except as required by law.

Upon termination, your right to use the Service ends, and you must stop all use of the Service.

Sections that by their nature should survive will survive, including ownership, fees, confidentiality, data protection, disclaimers, indemnification, limitation of liability, governing law, arbitration, and general provisions.

17. Shopify Uninstall and Privacy Webhooks

If you uninstall the Atomato Shopify app, we may stop collecting new data from your store and mark your store as pending deletion.

Atomato handles Shopify privacy-related webhooks and compliance topics as applicable, which may include app uninstall, shop redaction, customer data requests, and customer redaction.

When required by Shopify or applicable law, Atomato will delete, de-identify, or provide access to applicable customer-linked records, including customer-linked attribution records where applicable.

Atomato may retain billing records, tax documentation, fraud-prevention logs, security logs, legal records, and de-identified or aggregated analytics that cannot reasonably be linked to a store or individual, as permitted by law.

If you reinstall Atomato before deletion is complete, Atomato may clear the pending deletion flag and continue providing the Service. If deletion has already completed, you may need to reconfigure Atomato settings.

18. Indemnification

You will defend, indemnify, and hold harmless Atomato, Binaery LLC, its affiliates, officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• Customer Content
• Merchant Data
• Your websites or stores
• Your products, services, offers, discounts, campaigns, messages, or claims
• Your use of the Service
• Your violation of these Terms
• Your violation of applicable law
• Your failure to provide required notices or obtain required consents
• Your use of analytics, attribution, tracking, storage, email/SMS capture, or campaign features
• Your use of the Service on behalf of clients, if you are an agency

We will reasonably cooperate at your expense and may participate with our own counsel at our expense.

If you do not promptly respond to an indemnifiable claim, we may assume defense at your expense.

19. Limitation of Liability

To the maximum extent permitted by law, in no event will Atomato, Binaery LLC, its affiliates, officers, directors, employees, contractors, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost sales, lost revenue, lost business opportunity, lost goodwill, loss of data, or business interruption, even if advised of the possibility of such damages.

Atomato is not liable for:

• Commercial decisions made based on analytics or attribution metrics
• Differences between Atomato analytics and Shopify, payment processor, tax, accounting, or financial reporting totals
• Attribution gaps caused by browser restrictions, consent settings, user behavior, technical limitations, or third-party platform changes
• Shopify API changes, Shopify event delays, Shopify outages, or Shopify platform restrictions
• Third-party service issues
• Merchant configuration errors
• Campaign setup errors
• Theme conflicts
• Browser or device restrictions
• Denied or withdrawn consent
• Ad blockers or privacy tools

Atomato’s total liability for all claims arising out of or relating to the Service 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.

For clarity, Atomato is not responsible for issues caused by Merchant’s store setup, Shopify theme, custom code, third-party apps, scripts, integrations, campaign configuration, discount setup, legal disclosures, customer communications, or business decisions, except to the extent directly caused by Atomato’s material breach of these Terms, gross negligence, or willful misconduct.

20. Export Controls and Sanctions

The Service may be subject to export control and sanctions laws.

You agree to comply with all such laws and not to export, re-export, provide, or make the Service available to any prohibited destination, person, entity, or end use.

21. Publicity

We may use your name and logo to identify you as a customer on our website, app listing, customer lists, presentations, and marketing materials, subject to any reasonable brand use guidelines you provide.

You may opt out of this use by contacting us at legal@atomato.com.

22. Assignment

Neither party may assign these Terms without the other party’s consent, except either party may assign these Terms 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.

23. 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.

24. Relationship of the Parties

The parties are independent contractors.

These Terms do not create a partnership, joint venture, employment, franchise, fiduciary, or agency relationship.

25. Severability

If any provision is found unenforceable, the remaining provisions will remain in full force and effect.

The unenforceable provision will be interpreted to best effectuate the intent of the parties to the maximum extent permitted by law.

26. 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.

Arbitration will be conducted on an individual basis only. Class actions, class arbitrations, private attorney general 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 or equitable relief in state or federal courts located in Travis County, Texas to protect confidential information, intellectual property, security, or unauthorized use of the Service.

Nothing in this section prevents either party from seeking relief in small claims court with jurisdiction over Travis County, Texas.

27. Notices

Notices to you may be provided through the account portal, dashboard, Shopify app interface, or by email to the address in your account.

Legal notices to Atomato must be sent to:

Binaery LLC d/b/a Atomato
1606 Headway Cir STE 9708
Austin, TX 78754
Attn: Legal
legal@atomato.com

28. Entire Agreement

These Terms, the Privacy Policy, any applicable order forms, any applicable pricing terms, and any addenda, including a Data Processing Agreement if executed, make up the entire agreement between you and Atomato about the Service.

These Terms supersede all prior or contemporaneous agreements, understandings, proposals, or representations about the Service.

No other terms in purchase orders, vendor forms, or similar documents apply unless signed by Atomato.

29. 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, outages, internet failures, hosting failures, failures of third-party networks or services, Shopify outages, Shopify API changes, or payment processor outages.

30. Interpretation

For purposes of these Terms, “including” means “including without limitation.”

Headings are for convenience only and do not affect interpretation.

References to “law” include applicable laws, regulations, rules, orders, and governmental requirements.

31. 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, avoid accessing or modifying data that does not belong to you, avoid disrupting the Service, and do not publicly disclose details until we have had a reasonable opportunity to address the issue.

Submitting a vulnerability report does not create an employment, contractor, agency, or bounty relationship unless separately agreed in writing.