Terms of Service

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any changes by updating the "Last Updated" date and, where appropriate, notifying you through the App or via email. Your continued use of our App following the posting of revised Terms means you accept and agree to the changes.

3. Access to Services

We reserve the right to withdraw or modify our App and services, and any service or material we provide, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the App or service is unavailable at any time or for any period.

4. User Registration and Accounts

You may be required to register an account to access certain features of the App. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

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

5. AI-Generated Content

Our App uses AI technology to generate content ("Gizmos") based on your prompts and inputs. By using our App, you acknowledge that:

• The AI-generated content may not always be accurate, complete, or suitable for your intended purpose
• We do not guarantee the quality, originality, or appropriateness of AI-generated content
• You are responsible for reviewing and evaluating AI-generated content before using it for any purpose
• We may use your prompts and the resulting AI-generated content to improve our services

6. Intellectual Property Rights

6.1 Our Intellectual Property

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our App and services for your personal use.

7. User Content and Gizmos

7.1 User-Generated Content

When you create content through our App, including prompts, comments, and other materials (collectively, "User Content"), you retain ownership of your User Content. However, by providing any User Content, you grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, modify, perform, display, distribute, and otherwise disclose such User Content to operate, promote, and improve our services.

7.2 Published Gizmos

When you publish a Gizmo, it becomes accessible to other users of the App. You acknowledge that other users may view, interact with, and potentially remix your published Gizmos. You retain ownership rights to the content you create, but grant us and other users of the App certain rights as described in these Terms.

7.3 Content Sharing and Remixing

Our App allows users to share and remix Gizmos. When you remix another user's Gizmo, appropriate attribution will be provided to the original creator. You agree that when you publish a Gizmo, other users may be permitted to remix your creation, with attribution to you as the original creator.

8. Prohibited Uses

You agree not to:

• Use the App in any way that violates any applicable federal, state, local, or international law
• Use the App to transmit or send unsolicited commercial communications
• Create or share content that is illegal, fraudulent, deceptive, infringing, defamatory, obscene, or otherwise objectionable
• Access or attempt to access systems or servers without authorization
• Engage in any automated use of the system
• Attempt to impersonate another user or person
• Interfere with, disrupt, or create an undue burden on the App or networks connected to the App
• Use the App to develop competing products or services
• Reverse engineer or attempt to extract the source code of our App
• Use any information obtained from the App to harass, abuse, or harm another person

9. Content Moderation

We reserve the right, but not the obligation, to monitor, review, and remove any User Content or published Gizmos that violate these Terms or that we find objectionable for any reason, without prior notice. We may use automated systems and human reviewers to monitor content.

Violations of these Terms may result in the removal of content, suspension, or termination of your account, and/or being banned from using our App.

10. Account Termination and Data Deletion

You may delete your account at any time through the App's settings. Upon account deletion, we will delete or de-identify your personal information in accordance with our Privacy Policy and applicable laws.

We reserve the right to suspend or terminate your account and access to the App at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

11. App Store Compliance

If you download our App from the Apple App Store, you acknowledge and agree that these Terms are solely between you and Atma Sciences Inc, not with Apple, and Apple has no responsibility for the App or its content. Your use of the App must comply with the App Store's then-current terms of service. You acknowledge that Apple has no obligation to furnish any maintenance and support services with respect to the App.

12. Disclaimer of Warranties

YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13. Limitation of Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

14. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of these Terms or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York.

16. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the sole and entire agreement between you and Atma Sciences Inc regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.

18. Contact Information

Questions about the Terms should be sent to us at: