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ATMOSFY, INC.

TERMS OF USE

Last Updated: June 2026

THESE TERMS AND CONDITIONS ("TERMS") ARE A LEGAL CONTRACT BETWEEN YOU AND ATMOSFY, INC. ("COMPANY," "WE," OR "US"). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE COMPANY'S WEBSITE, THE COMPANY'S MOBILE APPLICATION, AND THE SERVICES AVAILABLE THROUGH THE COMPANY'S WEBSITE AND MOBILE APPLICATION (COLLECTIVELY, THE "SITE"). BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

1. Changes

Company may make changes to the content and services offered on the Site at any time. Company can change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on this Site. Changes will not be retroactive. By using this Site after Company has updated the Terms, you are agreeing to all updated Terms; if you do not agree with any updated Terms, you must stop using the Site.

2. General Use

By using this Site, you represent, acknowledge, and agree that you are at least 18 years of age, or if you are under 18 but at least 13 years old (a "Minor"), that you are using the Site with the consent of your parent or legal guardian and that you have received their permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Company if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to Company or the Site.

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.

5. Privacy Policy

Please review Company's Privacy Policy (the "Privacy Policy"), available at atmosfy.io/privacy-policy.html, which explains how Company uses information you submit. By using the Site, you agree to the terms of the Privacy Policy.

6. Submissions and Content License

You are responsible for all text, information, opinions, messages, comments, photos, videos, graphics, sounds, and other content you submit, upload, post, or otherwise make available on or through the Site (each a "Submission"). You may not post any material protected by copyright, trademark, or other proprietary right without express permission from the owner of such right. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Submissions you submit.

Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You hereby grant to Company a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, fully transferable, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit, distribute, and otherwise exploit each of your Submissions, or any portion thereof, in any form, medium, or distribution method now known or hereafter developed. This license includes the right to sublicense your Submissions to third parties, including commercial partners, enterprise customers, and technology platforms, as further described in Section 7 (Commercial Licensing and Atlas Platform) below.

You further grant Company a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your Submissions. By posting Submissions, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such Submissions, and you waive any and all rights of privacy, publicity, or other rights of a similar nature in connection with your Submissions.

You agree to pay all royalties, fees, damages, and other monies owing to any person by reason of any Submission you post on or through this Site.

7. Commercial Licensing and Atlas Platform

Atmosfy operates the Atmosfy Atlas platform, a geo-tagged video content infrastructure and licensing engine (the "Atlas Platform"). Through the Atlas Platform, Company organizes, indexes, and makes available aggregated and curated content derived from Submissions and other data sources for commercial licensing to enterprise customers, brand partners, technology platforms, and artificial intelligence developers.

7.1 Scope of Commercial Use

By submitting content to the Site, you acknowledge and agree that Company may, pursuant to the license granted in Section 6, exercise the following commercial rights with respect to your Submissions:

7.2 Anonymization and Aggregation

Company may anonymize, aggregate, transform, or otherwise process your Submissions and derived data for use in data products, analytics, and commercial offerings. Anonymized or aggregated data that does not reasonably identify you as an individual is not subject to the personal data provisions of the Privacy Policy and may be used and licensed without restriction.

7.3 No Additional Compensation

You acknowledge and agree that you are not entitled to any compensation, revenue share, or royalty in connection with Company's exercise of its commercial licensing rights under this Section 7, except as may be separately agreed in writing between you and Company in a creator partnership agreement or similar arrangement.

7.4 Creator Attribution

Company may, but is not required to, attribute content to creators in commercial licensing contexts. Where attribution is provided, it will be in the form Company determines appropriate based on the applicable commercial use case and licensee requirements.

7.5 Enterprise and API Customers

Third-party enterprise customers, brand partners, and API licensees who access content through the Atlas Platform are subject to separate commercial agreements with Company. Nothing in these Terms creates any direct rights or obligations between you and Company's commercial customers with respect to your Submissions.

8. Unauthorized Activities

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

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.

You agree to indemnify and hold Company and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) Company suffers in relation to any claim arising from your use of this Site or any violation of these Terms.

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:

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

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

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

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

  5. 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.

  6. 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 Agentlegal@atmosfy.io2261 Market Street STE 36975San 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.

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.io2261 Market Street STE 36975San Francisco, CA 94114