ATMOSFY, INC.

TERMS OF USE

Effective date: September 18, 2026

These Terms of Use ("Terms") are a legal agreement between you and Atmosfy, Inc. ("Company," "we," "us," or "our"). They govern your use of our website, mobile application, and related services (collectively, the "Site"). By creating an account, uploading content, or otherwise using the Site after being provided clear notice of these Terms, you agree to these Terms to the extent permitted by applicable law. If you do not agree, do not use the Site. Changes for existing users are addressed in Section 1.

CONTENT LICENSING NOTICE: You retain ownership of your content. Sections 6 and 7 authorize Atmosfy to use and sublicense covered existing and future content for commercial purposes, including partner products, advertising, and artificial intelligence uses. Section 7.6 explains deletion, withdrawal from future licensing, and the treatment of previously granted sublicenses. Compensation is payable only as specified in a separate written agreement or required by law.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS. YOU MAY OPT OUT AS PROVIDED IN SECTION 13.

1. Changes and Notice

We may change the Site and these Terms as our services, business, or legal obligations evolve. For material changes to these Terms, we will provide reasonable advance notice by email to the address associated with your account, through an in-app notice, or by another appropriate means. The notice will identify the effective date, explain the material changes, and provide access to the revised Terms and information about your choices. Changes required urgently by law or to address security or abuse may take effect sooner with notice as appropriate.

To the extent permitted by applicable law, your continued use of the Site after receiving appropriate notice and after the stated effective date constitutes acceptance of the updated Terms. Where applicable law requires additional consent, we will obtain that consent before relying on the change. Merely sending notice does not override any legally required consent.

If you do not agree to a change, stop using the Site before it takes effect. You may remove your Submissions or request withdrawal from future commercial licensing under Section 7.6. Rights validly granted before a change remain subject to the agreement under which they were granted and applicable law.

When these Terms become binding on you, the grant in Section 6 expressly covers your Existing Submissions as defined there, as well as future Submissions. This authorizes uses of covered historical content from that point forward; it does not deem a previously unauthorized use authorized or waive claims arising before your acceptance. Except for this express application to existing content, changes do not retroactively alter accrued rights or liabilities. Changes to dispute-resolution provisions remain subject to applicable law and any valid prior opt-out.

2. General Use and Age Requirements

You must be at least 13 years old, and meet any higher minimum age required where you live, to use the Site. If you are under 18 or under the age of legal majority where you live, you may use the Site only with the permission of a parent or legal guardian who has reviewed these Terms and agreed to supervise your use. Nothing in these Terms overrides protections that applicable law gives minors.

Separate commercial creator programs and third-party commercial licensing require that you have reached the age of legal majority where you live and are at least 18, unless Company has separately established the legally required authorization for participation by a minor. We may request reasonable evidence of age, identity, authority, or required guardian authorization before making content eligible for third-party commercial licensing. General permission for a minor to use the Site does not, by itself, establish eligibility for that licensing.

Company provides content through the Site that is copyrighted and/or trademarked work of Company, Company's third-party licensors and suppliers, or other users of the Site (collectively, the "Materials"). Materials may include logos, graphics, video, images, software, and other content.

Subject to the terms and conditions of these Terms and your compliance with them, Company hereby grants you a limited, personal, non-exclusive, and non-transferable license to use and display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Site or Materials.

3. Mobile Application

Company makes available mobile applications ("Mobile Application") to access the Site via a mobile device. To use the Mobile Application, you must have a compatible mobile device. Company does not warrant that the Mobile Application will be compatible with your mobile device. Company grants you a non-exclusive, non-transferable, revocable license to use a copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile, or reverse engineer the Mobile Application, except to the extent expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Mobile Application to any third party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Application; or (v) delete copyright and other proprietary rights notices on the Mobile Application.

Apple iOS Devices

You acknowledge that these Terms are between you and Company only, and not with Apple, Inc. ("Apple"). Your use of Company's iOS App must comply with Apple's then-current App Store Terms of Service. Company, and not Apple, is solely responsible for the iOS App and the services and content available thereon. Apple has no obligation to provide maintenance and support services with respect to the iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App. The parties agree that Apple and Apple's subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the iOS App.

Android Devices

You acknowledge that these Terms are between you and Company only, and not with Google, Inc. ("Google"). Your use of Company's Android App must comply with Google's then-current Play Store Terms of Service. Google is only a provider of the Play Store where you obtained the Android App. Company, and not Google, is solely responsible for the Android App and the services and content available thereon. Google has no obligation or liability to you with respect to the Android App or these Terms. You acknowledge and agree that Google is a third-party beneficiary to these Terms as they relate to the Android App.

4. Account Registration

You may register for an account with Company through the account registration feature on the Site. You are responsible for maintaining the confidentiality of your access credentials and for all activities that occur using your credentials. You agree not to share your credentials or let others access them. You agree to notify Company if your credentials are lost, stolen, or if you are aware of any unauthorized use or breach of security related to the Site. All information you provide must be accurate, complete, and up to date.

We may retain records of the Terms version applicable to your account, notices provided, acceptance or relevant use events, and the relationship between your account and your Submissions, for administering these Terms, verifying licensing authority, and responding to disputes, subject to the Privacy Policy and applicable law.

5. Privacy Policy

Our Privacy Policy, available at https://atmosfy.io/privacy-policy.html, explains how we collect, use, share, retain, and protect personal information and how you may exercise applicable privacy rights. Content licensing under these Terms remains subject to applicable privacy and data-protection law. Agreement to these Terms does not replace a separate consent where one is legally required, and no provision waives a nonwaivable privacy right.

6. Submissions and Content License

6.1 Your Content and Covered Historical Submissions

You are responsible for videos, audio, photographs, text, captions, comments, and other content you submit, upload, post, or otherwise make available through the Site (each a "Submission"). You retain ownership of your Submissions. Public Submissions are not confidential; this does not make them ownerless or remove applicable privacy protections.

"Existing Submissions" means Submissions you uploaded before these Terms became binding on you that remain available through your account at that time. The license below covers Existing Submissions and Submissions you upload afterward. Content previously deleted, withdrawn from commercial licensing, or retained solely in backups is not newly included merely because you accept these Terms. Any valid prior licenses to that content remain governed by their applicable terms. These Terms do not override a restriction in a separate written agreement that controls under Section 7.7.

6.2 License and Sublicensing

Subject to Sections 1, 2, 5, and 7.6 and applicable law, you grant Company a non-exclusive, worldwide, royalty-free, fully paid-up, transferable license, including the right to sublicense through multiple tiers, to host, store, cache, reproduce, analyze, process, adapt, edit, translate, publicly perform, publicly display, publish, transmit, distribute, prepare derivative works from, and otherwise exploit your covered Submissions in connection with operating, developing, promoting, and commercializing the Site, the Atlas Platform, and our content licensing and intelligence services, including distribution through third-party products and services. Section 7 describes non-exhaustive examples of these authorized uses, including through media, technologies, and product surfaces now known or later developed. These examples do not limit the grant, but its express restrictions continue to apply. The license is perpetual and irrevocable except as expressly limited by Section 7.6 or applicable law. It does not transfer ownership of your content to Company.

Authorized sublicensees may include commercial partners, enterprise customers, technology platforms, developers, their affiliates and service providers, authorized product users, and further sublicensees to the extent authorized by their agreements with Company. They may exercise the rights granted to them without obtaining separate approval from you for each use, subject to these Terms, the applicable sublicense, and applicable law.

6.3 Rights and Permissions You Must Hold

You represent and warrant that you own your covered Submissions or have all licenses, permissions, consents, and authority necessary to submit them and grant the rights described in Sections 6 and 7, including commercial use and sublicensing. Authorized uses within those rights must not infringe or violate another person’s copyright, publicity, privacy, or other rights. You must not submit content subject to an undisclosed exclusivity obligation, employer ownership, platform restriction, or other agreement that prevents the rights you grant here.

This requirement includes rights in incorporated footage, photographs, artwork, music compositions, sound recordings, performances, and other protected material to the extent permission is legally required for the intended uses. A license to add music or other material on another platform does not by itself authorize its use through Atmosfy or its licensees. Do not offer restricted material for commercial licensing. Disclose known restrictions to legal@atmosfy.io before commercial delivery; disclosure alone does not mean Company has accepted the restriction or cleared the material.

You must have permissions and releases from identifiable featured individuals, and parents or guardians where legally required, to the extent necessary for the rights you grant and the intended use. This does not require a release for every incidental person, object, or mark when applicable law does not require one. You must also comply with applicable filming permissions and venue or event restrictions.

Except as expressly agreed with Company in writing or required by law, you are responsible for royalties, fees, and other amounts owed to third parties resulting from the rights you grant. You must promptly notify Company if you learn that a permission is missing, expires, is disputed, or otherwise restricts an authorized use.

6.4 Your Name Image Voice and Likeness

To the extent you control the relevant rights, you authorize Company and its authorized sublicensees to use your name, username, image, voice, likeness, and biographical information included in or supplied with a covered Submission in connection with its authorized display, distribution, promotion, and commercial use under Section 7. This authorization is subject to the same applicable limitations and duration as the content license. You consent to such uses without separate inspection or approval of each placement or adaptation, except where applicable law or a separate written agreement requires otherwise.

This authorization includes translation and dubbing of your own covered Submission, including automated dubbing that preserves characteristics of your voice and delivery, and faithful summaries and captions. Those adaptations are not prohibited synthetic replicas merely because automated or generative tools are used. This authorization does not permit fabrication of an endorsement you did not make, a materially misleading portrayal of you, or use of a standalone synthetic replica of your identity or voice to generate unrelated statements or performances without your separate express permission. Generated summaries must not be falsely presented as your actual words. Material alteration of your facial movements to simulate speech requires separate express permission unless already expressly authorized in a controlling written agreement. It does not waive nonwaivable privacy or personality rights.

6.5 Adaptations Attribution and Moral Rights

Authorized adaptations include cropping, resizing, transcoding, compression, stabilization, color or audio adjustment, muting, captioning, translation, dubbing, faithful summarization, excerpts, thumbnails, and combining content with other material for the permitted uses. These adaptations may be performed using human, automated, or generative tools and remain subject to Section 6.4 and the rights and restrictions applicable to the Submission. Authorized processing of a Submission for these purposes does not by itself grant a customer permission to train a model on that Submission. Attribution is addressed in Section 7.4.

To the extent permitted by applicable law, you waive moral rights you hold in covered Submissions to the extent necessary for the authorized uses. Where waiver is not permitted, you consent to those uses and agree not to assert such rights to prevent them to the extent legally permissible. Nothing requires waiver of a right that applicable law makes nonwaivable or authorizes an otherwise unlawful use.

6.6 Authenticity and Provenance

Content submitted as authentic footage of a real-world place or experience must accurately represent a human-captured experience. Do not present AI-generated scenes, fabricated events, stolen footage, or materially misleading composites as authentic captures. Ordinary editing is permitted if it does not materially misrepresent the experience. Disclose material synthetic alterations or AI-generated elements before offering content for commercial licensing.

Provide accurate location, capture-date, and other provenance information to the extent known, identify uncertainty rather than inventing information, and do not falsify original metadata. On reasonable request, provide available originals and supporting information needed to verify provenance, rights, or permissions. You authorize Company and its authorized service providers to review Submissions and associated metadata using automated tools, including Spectra, and human review to assess rights, provenance, quality, suitability, policy compliance, and eligibility for delivery. Company may filter, mute, restrict, or exclude content from commercial delivery. These Terms do not represent that any automated system can conclusively verify all rights, authenticity, or safety issues.

7. Commercial Licensing and Atlas Platform

Atmosfy operates the Atlas Platform, including fresh-content feeds, APIs, content libraries, and video intelligence services. Subject to the rights validly granted and applicable eligibility requirements, we may organize, analyze, and license covered Submissions and related information to commercial partners. These Terms do not guarantee that any Submission will be selected, distributed, or monetized.

7.1 Permitted Commercial Uses

The license includes, without limitation, the following uses in current and future products and services, subject to Sections 5, 6, and 7.6:

(a) Product display and distribution: making content available within partner search, maps, place listings, discovery, video, travel, commerce, and AI-assisted answer experiences, including related indexing, retrieval, ranking, caching, and technical processing.

(b) Advertising and marketing: using content in paid media, organic social, websites, applications, email, promotional materials, and other commercial communications, subject to applicable rights, disclosures, and the restrictions on misleading endorsements in Section 6.4.

(c) Content feeds and libraries: delivering existing content, ongoing fresh content, curated collections, or separately scoped historical inventory through APIs, feeds, downloads, or other delivery methods.

(d) Intelligence and metadata: generating and using descriptions, categories, quality signals, provenance information, place mappings, geo-tags, embeddings, and other structured information, and licensing that information together with or separately from video, subject to privacy obligations and applicable rights.

(e) Artificial intelligence: using and sublicensing covered content and derived information for machine-learning and foundation-model development, training, fine-tuning, testing, evaluation, and deployment, subject to applicable law, required consents, and privacy choices. The identity restrictions in Section 6.4 continue to apply.

These are distinct commercial permissions. A customer receives only the rights specified in its agreement with Company; a product-display license does not automatically include model-training rights, advertising rights, or access to the entire historical corpus.

7.2 Personal Information and Derived Data

We may analyze, aggregate, or deidentify covered content and related information for authorized products and services. Describing information as metadata, an embedding, aggregated, or deidentified does not by itself remove privacy obligations. Information that remains personal information under applicable law is treated accordingly. We will maintain legally required safeguards and restrictions for deidentified data, including restrictions on reidentification where required.

7.3 Compensation

Unless a separate written agreement with Company or applicable law provides otherwise, the rights granted here do not entitle you to additional compensation, royalties, or a share of licensing revenue. Any separately agreed creator compensation remains governed by that agreement. Your account, content, or participation does not by itself guarantee paid assignments.

7.4 Creator Attribution

Company and authorized sublicensees may display creator attribution but are not required to do so unless required by applicable law or a controlling written agreement. Attribution may vary by product and format. This provision is subject to Section 6.5 and does not authorize false attribution.

7.5 Enterprise and API Customers

Enterprise customers and API licensees obtain rights under separate agreements with Company. Those agreements define their authorized uses, duration, delivery, and operational obligations, including whether sharing, embedding, downloading, remixing, monetization, or further distribution through customer products is permitted. No such functionality grants broader rights than the applicable agreement authorizes. These Terms do not themselves give a customer unrestricted access to content or impose a direct contract between you and a customer. No sublicense may exceed the rights Company validly holds. Customer warranties, indemnities, service levels, and liability are governed by the applicable customer agreement.

7.6 Deletion Withdrawal and Existing Licenses

You may delete a Submission or your account using available Site controls, or request deletion or withdrawal of identified content from future commercial licensing by contacting legal@atmosfy.io. Include your account identifier and enough information to identify the affected content. We may request reasonable verification to protect against unauthorized requests. You may also exercise applicable privacy rights through the channels in our Privacy Policy.

After verifying and processing a deletion or withdrawal request, we will remove the affected content from active public display on the Site where requested and stop making new commercial deliveries or granting new commercial sublicenses for that content. We will process requests without undue delay and within any legally required period. We may retain and use copies only as described below, as necessary to administer existing authorized sublicenses, or as otherwise required or permitted by applicable law.

Deleting content or closing an account does not by itself cancel a valid sublicense granted before the request was processed. Subject to applicable law, privacy rights, and rights-related removal obligations, previously authorized recipients may continue uses within the scope and duration already granted. This includes renewal rights expressly granted in that existing sublicense and use by affiliates, service providers, and product users within recipient categories and purposes expressly authorized before withdrawal. An authorized service provider may handle content solely on behalf of an existing licensee within that license; it receives no independent exploitation rights. An unrelated customer or expanded use may not be added after withdrawal merely by describing it as an affiliate, service provider, or renewal. Re-delivery to an existing authorized recipient solely to maintain, restore, or technically replace an already licensed copy is permitted within the existing sublicense; it is not a new commercial delivery for purposes of this Section. Mere inclusion of an asset in our corpus, an offer to license it, or execution of a general feed agreement does not by itself make that asset previously sublicensed. Records must identify the asset and the sublicense covering it. We will not grant new sublicenses during processing for the purpose of defeating your request.

We may retain limited copies and associated records as reasonably necessary for legal obligations, security, fraud prevention, dispute resolution, proof of permissions, and administration of valid existing licenses. Backups may persist through ordinary deletion cycles and will not be used to restart commercial licensing of withdrawn content. Retention remains subject to our Privacy Policy and applicable law.

Deletion or withdrawal will stop future deliveries of the affected content for third-party model training after processing. It does not necessarily reverse processing already lawfully completed or automatically require retraining an existing model. This does not excuse compliance with applicable deletion, objection, consent-withdrawal, or other legal obligations. Any continued retention or use of delivered datasets or derived personal information remains subject to applicable law, privacy choices, and the relevant agreement.

For suspected infringement, missing permissions, privacy violations, or safety concerns, contact legal@atmosfy.io promptly and identify the content and concern. We may suspend delivery while investigating and will restrict or remove content and notify affected licensees when required by law or the applicable agreement. We will require affected licensees to comply with applicable removal obligations. We cannot promise immediate deletion of every copy outside our systems, but will take the steps required of us. Copyright notices are addressed in Section 10.

This Section governs any conflict within these Terms concerning deletion, withdrawal, or survival of the content license. It does not limit nonwaivable rights, negate a more protective applicable privacy commitment, or authorize continued use of content for which the necessary rights are absent.

7.7 Separate Creator Agreements

A separately executed creator, campaign, or licensing agreement may specify compensation, exclusivity, restrictions, or different usage periods. If it expressly addresses the same subject and conflicts with these Terms, that agreement controls for the identified content and subject. We will not use an update to these Terms to override an expressly agreed restriction without an effective amendment of the applicable agreement.

8. Unauthorized Activities

When using this Site and/or the services, you agree not to:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.

Use racially, ethnically, or otherwise offensive language.

Violate any law or discuss or incite illegal activity.

Use explicit or obscene language or solicit or post sexually explicit images.

Post anything that exploits children or minors or that depicts cruelty to animals.

Post material for which you lack the rights required by Section 6, or misrepresent your authority to grant those rights.

Violate, infringe, or misappropriate the intellectual property, privacy, publicity, or other legal rights of any third party.

Disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or pyramid schemes.

Use any robot, spider, scraper, or other automated means to access the Site.

Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Access the Site to obtain information to build a similar or competitive website, application, or service.

Alter the opinions or comments posted by others on this Site.

Post anything clearly false or misleading.

Company reserves the right to terminate access to your account and refuse, delete, or remove any Submissions with or without cause and with or without notice, for any reason Company determines is inappropriate or disruptive to this Site or to any other user.

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company and its officers, directors, employees, affiliates, agents, and authorized sublicensees against third-party claims, damages, liabilities, and reasonable expenses, including legal fees, arising from your breach of these Terms or the rights, permissions, or provenance representations you make here. This obligation does not apply to the extent a claim results from the protected party’s unauthorized use, violation of law, negligence, or willful misconduct. Company will provide reasonably prompt notice of a claim and reasonable cooperation. You may not settle a claim in a way that admits fault by or imposes nonmonetary obligations on a protected party without its consent. These obligations remain subject to applicable consumer and minor protections.

If you create or publish sponsored content, you must accurately disclose material connections, including payments, free products, or other incentives, as required by applicable advertising law and the destination platform. Do not make false experience, product, health, or performance claims. Any separate campaign agreement may impose additional review and disclosure requirements.

You must reasonably cooperate in investigating claims involving your Submissions, including providing available evidence of rights or permissions and promptly identifying known restrictions. Company’s ability to remove content does not eliminate any applicable notice, appeal, or other legal obligation.

9. Proprietary Rights

Atmosfy is a trademark of Company in the United States. Other trademarks, names, and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images, and icons, as well as the arrangement thereof, are the sole property of Company, Copyright 2026 Atmosfy, Inc. All rights not expressly granted by Company herein are reserved by Company. Any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

10. Intellectual Property Infringement

Company respects the intellectual property rights of others and asks you to do the same. If you believe your work is the subject of copyright or trademark infringement on our Site, please provide Company's designated agent with the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right allegedly infringed.

Identification of the copyrighted or trademarked work claimed to have been infringed.

Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Company to locate the material.

Information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and email address.

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law.

A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right allegedly infringed.

Company's agent for notice of claims of copyright or trademark infringement can be reached at:

Atmosfy, Inc. | Attn: Legal / DMCA Agent | legal@atmosfy.io | 2261 Market Street STE 36975 | San Francisco, CA 94114

DMCA Counter-Notification

If we remove or disable access to copyright-protected material you provided pursuant to a DMCA take-down notice, you may provide us with a counter-notification that includes: (1) your physical or electronic signature; (2) identification of the material removed and where it appeared before removal; (3) a statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification; and (4) your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of the federal court for your district.

Termination of Repeat Infringers

Company reserves the right, in its sole discretion, to terminate the account or access of any user who is the subject of repeated DMCA or other infringement notifications.

11. Disclaimer of Warranties

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. COMPANY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE AND ANY INFORMATION OR MATERIAL CONTAINED HEREIN IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WHERE-IS" BASIS WITH NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL COMPANY'S LIABILITY TO YOU EXCEED $100.

13. Dispute Resolution and Arbitration Class Action Waiver

Most user concerns can be resolved quickly by contacting us at legal@atmosfy.io. This Section facilitates the prompt and efficient resolution of any disputes that may arise between you and Company.

ALL DISPUTES BETWEEN YOU AND COMPANY SHALL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. BY ENTERING INTO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO LITIGATE CLAIMS BEFORE A JUDGE OR JURY.

Pre-Arbitration Claim Resolution

For all Disputes, you must first give Company an opportunity to resolve the Dispute by mailing written notification to: Atmosfy, Inc., 2261 Market Street STE 36975, San Francisco, CA 94114, Attn: Chief Executive Officer. That notification must include (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If Company does not resolve the Dispute within 45 days after receiving your written notification, you may pursue your Dispute in arbitration.

Arbitration Procedures

The American Arbitration Association ("AAA"), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes before a single arbitrator. Arbitration shall be commenced as an individual arbitration only and shall not be commenced as a class arbitration. For Disputes of less than $75,000, AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes of $75,000 or more, AAA's Commercial Arbitration Rules will apply. Arbitration may be initiated in Los Angeles County, California, or the federal judicial district that includes your billing address.

Class Action Waiver

The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding unless both you and Company specifically agree to do so in writing. Neither you nor any other user of the Site can be a class representative or class member without having complied with the opt-out requirements above.

Opt-Out

You may opt out of this arbitration provision by mailing written notification to Atmosfy, Inc., 2261 Market Street STE 36975, San Francisco, CA 94114, Attn: Chief Executive Officer within 30 days of first consenting to these Terms. Your opt-out request must include your name, address, and a clear statement that you do not wish to resolve disputes with Company through arbitration.

14. Governing Law

The Federal Arbitration Act, California state law, and applicable U.S. federal law, without regard to choice or conflicts of law provisions, will govern these Terms. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms will be heard in the courts located in Los Angeles County, California.

15. Local Laws Export Control

Company controls and operates this Site from its headquarters in the United States. If you use this Site outside the United States, you are responsible for following applicable local laws.

16. Feedback

If you send any communications, comments, questions, or suggestions to Company (collectively, "Feedback"), all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, or techniques contained in the Feedback for any purpose whatsoever.

17. Links to Third Party Sites

This Site may be linked to other websites that are not Company sites ("Third-Party Sites"). You acknowledge and agree that Third-Party Sites may have different privacy policies and terms, and your use of such Third-Party Sites is governed by their respective terms. Company provides links to Third-Party Sites as a convenience and does not verify, make representations, or take responsibility for such Third-Party Sites. YOU AGREE THAT COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY GOODS, SERVICES, INFORMATION, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES.

18. General

Company reserves the right to suspend or terminate access to the Site to any person at any time, for any reason, in Company's sole discretion. Certain violations of these Terms may result in immediate termination of your access to this Site without prior notice. If any of these Terms is found to be inconsistent with applicable law, such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Company's failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Company and supersede all prior or contemporaneous negotiations, discussions, or agreements between you and Company about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and general provisions shall survive any termination of these Terms.

For clarity, survival of the content license is governed by Section 7.6. Separate written creator agreements are governed by Section 7.7, and separate enterprise agreements govern customer rights and liabilities. These Terms do not supersede those agreements except as expressly agreed. Nothing in these Terms excludes or restricts rights or remedies that applicable law does not permit to be excluded or restricted.

19. Contact Us

If you have any questions about these Terms or otherwise need to contact Company, you can reach us at:

Atmosfy, Inc. | legal@atmosfy.io | 2261 Market Street STE 36975 | San Francisco, CA 94114