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Terms of Service

Last updated: December 2024

Table of Contents

  • 1. Acceptance of Terms
  • 2. Our Services
  • 3. User Accounts
  • 4. Escrow Services
  • 5. Payments and Fees
  • 6. User Conduct
  • 7. Intellectual Property
  • 8. Limitation of Liability
  • 9. Indemnification
  • 10. Dispute Resolution
  • 11. Termination
  • 12. Governing Law
  • 13. Modifications
  • 14. Contact Information

1. Acceptance of Terms

By accessing or using ATOMi's services, website, or applications (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Platform.

These Terms constitute a legally binding agreement between you and ATOMi. You represent that you are at least 18 years old and have the legal capacity to enter into binding contracts.

If you are using the Platform on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Our Services

ATOMi provides a tokenized escrow platform that enables secure transactions between parties. Our services include:

  • Escrow account management and fund custody
  • Agreement creation and milestone tracking
  • Identity verification (KYC) services
  • ATOMini token issuance and management
  • Advisor network access
  • Marketplace functionality
  • Document storage and management

We reserve the right to modify, suspend, or discontinue any part of our services at any time with reasonable notice to users.

3. User Accounts

3.1 Account Creation

To use our services, you must create an account and complete our verification process. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

3.3 KYC Requirements

Certain services require completion of Know Your Customer (KYC) verification. You agree to provide accurate identity documents and authorize us to verify your identity through third-party services. We reserve the right to refuse or limit services based on verification results.

3.4 Account Types

We offer different account types (individual and business) with varying features and requirements. You must select the appropriate account type for your use case.

4. Escrow Services

4.1 Agreement Formation

Escrow agreements are formed when both parties accept the terms and conditions specified in the agreement. ATOMi acts as a neutral third party holding funds until release conditions are met.

4.2 Fund Custody

Funds deposited into escrow are held in segregated accounts. We do not use escrow funds for any purpose other than fulfilling the agreement terms. Funds remain the property of the depositing party until properly released.

4.3 Release Conditions

Funds are released according to the conditions specified in each agreement. This may include mutual approval, milestone completion, timer expiration, or advisor certification. We are not responsible for verifying the accuracy of claims made by parties.

4.4 Disputes

If parties cannot agree on fund release, either party may initiate a dispute. During disputes, funds remain locked until resolution. We provide dispute resolution services through our advisor network. Advisor decisions are binding unless appealed within the specified timeframe.

4.5 Limitations

ATOMi is not a party to the underlying transaction between users. We do not guarantee the quality, safety, or legality of items or services transacted. We do not guarantee that parties will fulfill their obligations.

5. Payments and Fees

5.1 ATOMini Tokens

All transactions on the Platform use ATOMini tokens. Tokens can be purchased using supported payment methods and withdrawn to bank accounts. Token values are pegged to EUR.

5.2 Fee Structure

Our fees include:

  • Transaction fees (1.0-1.5% of released funds, based on plan)
  • Conversion fees (0.5% for fiat-to-token and token-to-fiat)
  • Withdrawal fees (€5 flat fee per bank withdrawal)
  • Advisor fees (set by individual advisors)

Fees are deducted automatically from released funds. Current fee schedules are available on our Pricing page.

5.3 Taxes

You are responsible for all applicable taxes related to your use of the Platform. We may provide transaction records for your tax reporting purposes.

6. User Conduct

You agree not to:

  • Use the Platform for illegal activities or to facilitate illegal transactions
  • Violate any applicable laws, regulations, or third-party rights
  • Provide false or misleading information
  • Attempt to circumvent our security measures
  • Use the Platform to launder money or finance terrorism
  • Engage in fraudulent or deceptive conduct
  • Interfere with other users' use of the Platform
  • Use automated systems or bots without authorization
  • Infringe intellectual property rights
  • Harass, threaten, or defame other users

We reserve the right to suspend or terminate accounts that violate these rules.

7. Intellectual Property

All content, software, and materials on the Platform (excluding user-submitted content) are owned by ATOMi or our licensors and protected by intellectual property laws.

You retain ownership of content you submit to the Platform. By submitting content, you grant us a non-exclusive license to use, store, and display such content as necessary to provide our services.

"ATOMi," "ATOMini," and associated logos are trademarks of ATOMi. You may not use our trademarks without prior written permission.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • ATOMi provides the Platform "as is" without warranties of any kind, express or implied.
  • We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform.
  • Our total liability for any claim is limited to the fees you paid to us in the 12 months preceding the claim.
  • We are not liable for actions or omissions of other users or third parties.
  • We are not liable for losses resulting from circumstances beyond our reasonable control.

9. Indemnification

You agree to indemnify and hold harmless ATOMi and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including legal fees) arising from:

  • Your use of the Platform
  • Your violation of these Terms
  • Your violation of any rights of third parties
  • Your transactions with other users

10. Dispute Resolution

10.1 Between Users

Disputes between users regarding escrow agreements are handled through our dispute resolution process. Advisor decisions are binding unless successfully appealed.

10.2 With ATOMi

Any dispute with ATOMi shall first be addressed through our support channels. If unresolved, disputes shall be resolved through binding arbitration in accordance with the rules of the European Court of Arbitration, unless prohibited by applicable law.

You agree to bring any claims in your individual capacity, not as a plaintiff or class member in any class or representative proceeding.

11. Termination

You may close your account at any time by contacting support, provided you have no active escrow agreements or pending withdrawals.

We may suspend or terminate your account immediately if you violate these Terms or if required by law. Upon termination, you remain liable for any outstanding obligations, and provisions that by their nature should survive will continue to apply.

12. Governing Law

These Terms are governed by the laws of the European Union and the member state where ATOMi is registered. The courts of that jurisdiction shall have exclusive jurisdiction over any disputes, subject to the arbitration provisions above.

13. Modifications

We may modify these Terms at any time. Material changes will be notified via email or platform notice at least 30 days in advance. Continued use of the Platform after changes take effect constitutes acceptance of the modified Terms.

14. Contact Information

For questions about these Terms, contact us:

  • Email: legal@atomi.com
  • Telegram: @atomini
  • Contact Form: Contact Page

By using ATOMi, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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