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Terms Service

These Terms of Services (“Terms”, “Agreement”) govern your access to and use of the services via its website https://atomicwallet.io/ (“Site), the Software (as defined herein), and related desktop and mobile applications (collectively the “Services” or “Atomic Wallet”), the main purpose of which is to provide a graphic user interface which will access and consolidate publicly available information on blockchain to end customers in a single convenient and user-friendly manner. The Services provided by us (“Atomic”, “We” and its derivatives) and form a legally binding Terms between Atomic and you or the entity you represent (“you”, \”your\”). Before using the Services, please read these Terms carefully.

ATOMIC IS NOT A PAYMENT SERVICE PROVIDER, CRYPTO ASSET EXCHANGE OR CRYPTO ASSET SERVICE PROVIDER, PROCESSOR, FINANCIAL SERVICE PROVIDER, BANKING PARTNER, CUSTODIAN, LIQUIDITY PROVIDER OR INVESTMENT ADVISORY, NOR IS ATOMIC IN ANY WAY A MEDIATOR FOR OR AN AGENT TO THESE SERVICES.

THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AND JURY TRIAL AS DESCRIBED IN SECTION 13.

PLEASE ALSO NOTE THAT ACCORDING TO SECTION 3 BELOW, THESE TERMS DO NOT GOVERN ANY INTERACTIONS YOU MAY HAVE WITH OUR THIRD PARTY SERVICE PROVIDERS. EVERY THIRD PARTY SERVICE PROVIDER HAS ITS OWN TERMS.

1. TERMS BINDINGNESS

You are considered a party to this Agreement and deemed to have agreed with the Terms by downloading Atomic Wallet, browsing the Site, using any other Atomic Services, or other method of legal consent, i.e You have provided a legally valid consent to become a party to the Agreement.

By downloading Atomic Wallet and browsing the Site, you acknowledge that:

  1. A. any use of Atomic Services is subject to these Terms;
  2. B. you have carefully read, understand and agree with these Terms;
  3. C. you are of legal age in a country where you reside;
  4. D. you have the authority to enter into the Terms personally or on behalf of the legal entity for whom you are using the Service.

You also represent that you are (i) not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government, the European Union, the United Kingdom, or other applicable government authority and (ii) not located in any country subject to a comprehensive sanctions program implemented by the United States or the European Union.

Atomic reserves the right to modify these Terms at any time and at our sole discretion. In case of any change, we will amend the date of the last update at the beginning of these Terms. By continuing using our Services, or other method of legal consent, you are agreeing to the changes/updated terms and will be legally bound by them. Please check this page regularly for updates.

IF YOU DO NOT AGREE TO THE TERMS, YOU ARE NOT PERMITTED TO USE THE SERVICE OR THE SITE.

2. SERVICES

2.1. Non-Custodial Wallet Service

Atomic Wallet is a non-custodial wallet software for tokens, non-fungible tokens (NFTs), or virtual currency (“Software”) such as BTC, ETH, etc. (“Digital Assets”). You are solely in control of and responsible for your Digital Assets and private keys, and accordingly only you can authorize transactions from your wallet address. This means that Atomic only provides software that gives access to the Digital Assets stored on a public blockchain. By using the software, you can see your Digital Asset balances and transaction history. You store the data about the Digital Assets, transactions, and private keys on your personal devices.

Atomic does not have any access to information stored on your local devices. Atomic does not have access and does not receive any information about your addresses, private keys, secret recovery phrase, balances, or transaction history.

NOTHING APPEARING ON THE SITE OR IN ANY OF THE SERVICES CONSTITUTES FINANCIAL OR PROFESSIONAL ADVICE. PLEASE CONSULT WITH YOUR RELEVANT FINANCIAL/PROFESSIONAL ADVISOR BEFORE TAKING ANY ACTION OR RELYING ON ANY CONTENT FOUND ON OUR SERVICES OR SITE.

2.2 Private Keys and Address Generation

Atomic Wallet allows you to generate private keys and issue wallet addresses that you can use to send and receive Digital Assets. Atomic Wallet also enables you to use other services of third party services providers which are available in the Atomic Wallet.

You acknowledge and agree that you are solely responsible for your activity and any risk of loss of your Digital Assets at all times.

You shall import or create a wallet in order to use Atomic Wallet. When you set up a wallet, you are assigned a private key. Atomic does not store your private keys, backup phrases or passwords (“Private Information”) on its servers. It is very important that you backup and save your Private Information. We urge you to write down your backup phrase and store it offline in two different places. If you lose your Private Information, it will not be possible for Atomic to recover and you may lose access to your Digital Assets.

Atomic doesn’t have access to your Private Information including to your wallet, your Digital Assets, your transactions or any other information. If you do not understand the above paragraph then we strictly recommend that you learn more about Digital Assets and non-custodial wallet service before using the Atomic Wallet.

Atomic cannot recover passwords, private keys or unlock account information stored in the Atomic Wallet in any circumstances, including if the Services are compromised by malware on your device. It is your sole responsibility to take all reasonable precautions to secure and backup your Private Information.

2.3. Transactions

The only authentic record of Digital Assets transactions is the applicable Digital Asset’s blockchain. Atomic does not guarantee that your transactions will be delivered, because your transaction from Atomic Wallet shall be added and stored in any Digital Asset blockchain. You must ensure that your transactions conform to the applicable rules of the Digital Asset software. There may be transaction fees (e.g. mining fees) associated with your Digital Assets transactions that are required by the Digital Asset system you engage with. Atomic shall not be responsible for any direct or indirect losses you incur or may incur due to transaction fees or losses that occur due to incorrectly set transaction fees (i.e. too low or high). Atomic does not have access to your transaction information.

2.4. Digital Asset Rates

Atomic is not the creator of and does not have any control over any of the Digital Assets that the Atomic Wallet allows you to use.

All Digital Asset rates available in the Atomic Wallet are provided by https://coinmarketcap.com/ and https://www.cryptocompare.com/.

2.5. Loyalty Program

Atomiс is the sole owner and creator of Loyalty Program, which now consists of Airdrop program (“Atomic Airdrop”) and Cashback Membership Program (“Atomic Membership”)

2.5.1. Atomic Airdrop

By participating in Atomic Airdrop you acknowledge that you have read, agreed and followed Atomic Airdrop rules described here: https://atomicwallet.io/airdrop.

If you violate any rules and/or perform any prohibited actions, such as:

  • registering multiple emails for the airdrop;
  • using paid traffic for attracting referrals;
  • any faking, including faking original Atomic Airdrop;
  • any other types of spamming and scamming,

you will be eliminated from the Airdrop program with no right to register again.

Atomic reserves the right to eliminate you from the Atomic Airdrop program or/and refuse to pay reward payment at any given time and for any reason without further explanations. Atomic reserves the right to change the Atomic Airdrop rules at any time and at our sole discretion.

2.5.2. Atomic Membership

By participating in Atomic Membership you acknowledge that you have read, agreed and followed Atomic Membership rules at https://atomicwallet.io/cashback-program. Atomic reserves the right to eliminate you from Atomic Membership and/or refuse in cashback payment at any given time and for any reason without further explanations. Atomic reserves the right to change the Atomic Membership rules at any time and at our sole discretion.

3. THIRD PARTY SERVICES

Atomic may integrate or may allow you to access services developed by third parties (“Third Party Service”). Atomic retains the exclusive right to add to, modify, or cancel the availability of any Third Party Service.

You acknowledge that all Digital Asset swap services and other related information provided to you via Atomic Wallet are executed by Third Party Service providers, and that Atomic does not itself directly swap Digital Assets, sell Digital Assets, provide data on prices and bear any liability for the accuracy of such information.

You agree that access to Third Party Service providers may be subject to different regulations and their own internal policies and procedures where Third Party Service providers may geo-block service for some jurisdictions or refuse to provide a service to you.

You also agree that Atomic cannot assure that any security measures that we or our Third Party Service providers have implemented will be effective against current or future security threats.

You acknowledge the availability of the Third Party Services to you, subject to the terms and conditions of each third party provider. To the extent Third Party Service providers have terms that differ from these Terms, you may be required to agree to those terms in order to access their software, site, or services.

You agree that Atomic shall not be responsible for your use of the Third Party Services.

The Third Party Service includes swap service, purchase of Digital Asset service, staking service.

3.1. Swap Service

By using the swap service in the Atomic Wallet (“Atomic Swap”), you agree with the Terms of Use of the respective third-party provider. Please refer to and respect the relevant third party licenses:

  • Built-in Atomic Swap is provided by ChangeNOW, not by Atomic. The original Terms of Use are available at https://changenow.io/terms-of-use. Although the Atomic Wallet makes it easy to engage with the integrated third parties, Atomic shall not be responsible for any consequences coming from your use of Third Party Services. If you need assistance with a third-party integration then you should contact the third party along with contacting our support.

The estimated amount which is presented to you in the Atomic Wallet prior to making an Atomic Swap is not final. It can differ from the final amount due to market fluctuations.

3.2. Purchase of Digital Asset

By using the Third Party Service of purchasing Digital Assets (“Atomic Buying Crypto Service”), you shall agree with the Terms of Use of our third party partner Simplex. The Terms of Use of Simplex apply to you in full. Please refer to and agree to the relevant Simplex Terms of Use available here https://www.simplex.com/terms-of-use/.

Simplex is subject to local banking policies and regulations. Issuers of credit and debit cards may decline the payment on their own terms. For more information please consult Simplex FAQ available here https://www.simplex.com/kbtopic/faq/.

3.3. Staking Service

When you use the Staking Service provided in the Atomic Wallet, it means that a third party service provider may stake the Digital Assets on your behalf (“Staked Digital Assets”), who is also acting as a transaction validator on the specific blockchain network. Once a block of transactions is successfully validated using such Staked Digital Assets, a reward is granted by that network (“Staking Reward”).

You hereby agree that Atomic is not responsible for: (i) your usage of the Staking Service; (ii) guaranteeing staking will happen on a continuous basis; (iii) ensuring any specific Digital Asset will be staked or will continue to be staked; and (iv) guaranteeing that yearly yield will be paid as it is shown in the Atomic Wallet interface.

4. FEES

Fees, if applicable to the Services or any part of the Services, shall be displayed on the Site and/or in the Atomic desktop or mobile applications.

5. YOUR RIGHTS, OBLIGATIONS AND LIABILITY

You are obligated to:

    1. A. Provide true, accurate, and complete information to us;
    2. B. Not violate, or encourage anyone else to violate, any laws or rights of Atomic and third persons when using the Services;
    3. C. Not modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Services;
    4. D. Not interfere with or disrupt the operation of the Services, including restricting or inhibiting any other person from using the Services by means of hacking or defacing;
    5. E. Not transmit to or make available in connection with the Services any denial-of-service attack, virus, worm, Trojan horse or other harmful code or activity;
    6. F. Not attempt to probe, scan or test the vulnerability of a system, a network, or the Services or to breach security or authentication measures without proper authorization;
    7. G. Not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
    8. H. Not harvest or collect the email address, contact information, or any other personal information of other users of the Services;
    9. I. Not use any means to crawl, scrape or collect content from the Services via automated or large group means;
    10. J. Not submit, post or make available false, incomplete or misleading information to the Services, or otherwise provide such information to us;
    11. K. Not breach, through the Services, any agreements that you enter, or have entered, into with any third parties;
    12. L. Not stalk, harass, injure, or harm yourself or another individual, or attempt to do any of the foregoing, through the Services;
    13. M. Not circumvent or attempt to circumvent the security measures Atomic is using to protect other accounts, computer systems, or networks connected to the Services;
    14. N. Not violate, misappropriate, or infringe the rights of Atomic, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
    15. O. Not avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party (including another user) to protect the Services or content;
    16. P. Not disguise your location through IP proxying or other methods;
    17. Q. Use the Service in good faith; and
    18. R. Not to use the service for any illegal activities or causing damage.

You are liable in full to Atomic for any damage caused by You to Atomic by breaching any of these obligations.

You agree that you are responsible to determine what, if any, taxes apply to the transactions performed via the Services, and it is your responsibility to report the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether taxes apply to your transactions or for collecting, reporting or withholding any taxes arising from any Digital Asset-related transactions.

You hereby agree that you have read and understood the Risk Warning published on our Site and you are fully aware of the risks associated with using Atomic Wallet.

We reserve the right, in our sole discretion, to protect our users from violators and violations of law and the terms of this Agreement, including but not limited to restricting your use of the Services, restricting your ability to upload content or submit materials, immediately terminating your use of the Services, or terminating your use of the Services by blocking certain IP addresses from accessing the Services. Notwithstanding the foregoing, our unlimited right to terminate your access to the Services shall not be limited to violations of these rules of conduct.

If you choose to submit any content or other materials through or on the Services, or otherwise make available any content or materials through the Service, you hereby grant us a perpetual, irrevocable, transferrable, sub-licensable through multiple tiers, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate and create derivative works from any such content and materials, including without limitation distributing part or all of the content and materials in any media format through any media channels.

6. ATOMIC’S RIGHTS AND OBLIGATIONS

Atomic is not obligated to provide you with any financial services and/or advice nor is Atomic liable to you in relation to any financial services you access through the Atomic Service.

Atomic may, in its sole discretion and without cost to you and at any time, suspend, modify, or discontinue, temporarily or permanently, any portion of our Services.

We reserve the right to deny all or some portion of the Services to any user, in our sole discretion, at any time. Without limiting the foregoing or assuming additional legal obligations, we have a policy of terminating repeat violators of applicable copyright laws. All grants of any rights from you to us related to content or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense and indemnification obligations survive any termination of this Agreement.

7. LIMITED INTELLECTUAL PROPERTY LICENSE

Subject to your compliance with this Agreement, Atomic grants you a non-transferable, non-sublicensable, non-assignable and non-exclusive license to use the Services on devices you own or control solely for your personal or internal business purposes.

By accessing the Services, you agree not to: (i) sublicense, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services; (ii) integrate Atomic Wallet into your service that you provide to a third party without our prior written consent; (iii) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code; (iv) to redistribute the Atomic Wallet software or any of the Services, modify any code or use any Atomic content, including images and text, as part of any other software or project of any kind.

8. TITLE TO INTELLECTUAL PROPERTY

Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names and/or trade dress. The “look” and “feel” of the Service (including color combinations, button shapes, layout, design and all other graphical elements) are protected by copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.

You acknowledge that the Service, including the Software, and all enhancements, upgrades, corrections and modifications thereto, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the Software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain our sole and exclusive property and/or that of our licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein.

9. DISCLAIMER OF WARRANTIES

EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT THE SERVICES, AND THE CONTENT THEREIN, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE, ALONG WITH OUR PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER WARRANTIES OF ANY KIND IN AND TO THE SERVICE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.

FURTHER, OPINIONS, ADVICE, STATEMENTS, SUBMISSIONS, CONTENT, OR OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICES, BUT NOT DIRECTLY PROVIDED BY US, ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND SHOULD NOT BE RELIED UPON. SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT.

USE OF THE SERVICES IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL CODE OR COMPONENTS.

10. LIMITATION OF LIABILITY

IN NO EVENT WILL ATOMIC OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE TO YOU FOR: ANY DIRECT DAMAGES OR ANY LOST PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THE SOFTWARE, WHETHER OR NOT ATOMIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY ASSERTED, WHICH HAVE RESULTED FROM: (I) YOUR USE OF, OR CONDUCT IN CONNECTION WITH, OUR SERVICES; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN THE ATOMIC WALLET OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION).

EXCEPT WHERE PROHIBITED BY LAW, ALL DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT DAMAGES, ARE DISCLAIMED, PROVIDED THAT, IN ANY EVENT, DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT DAMAGES, SHALL NOT EXCEED FIFTY U.S. DOLLARS ($USD 50.00) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.

Atomic is not responsible for, and cannot assist with recovery of, a loss of Digital Assets incurred by you if Atomic Wallet is compromised, for example due to loss of or unauthorized access to private keys, accidental sharing of a backup, a bug in your device or the Atomic Wallet software, or a malicious attack on the Atomic Wallet.

11. INDEMNITY

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless us, our affiliates, and our respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors, from and against any and all claims, damages, obligations, losses, liabilities, tort, costs or debt, and expenses (including, but not limited to, attorney’s fees or other legal costs) arising from: (a) your use of and access to the Services; (b) any feedback or submissions you provide to us concerning Atomic Wallet; (c) violation of any third party content (d) your violation of the Terms; or (e) your violation of any law, rule, or regulation, or the rights of any third party.

12. TERM AND TERMINATION

The Terms commence on the date when you accept them and remain in full force and effect for so long as you access or use the Service or the Site. The contents of the terms may change from time to time as prescribed in these Terms.

We may, in our sole discretion and without cost to you, with or without prior notice, and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. In the event of termination concerning your license to use Atomic Wallet, your obligations under this Agreement will still continue. Your access to the Digital Assets in your wallet after termination will depend on your access to your backup of your wallet address and private key.

You are responsible for storing outside of Atomic Wallet your backup phrase. Saving your backup phrase and private keys pairs associated with your Atomic Wallet will allow you to access the blockchain and your Digital Assets at any place and time. This backup will allow you to fully restore your Atomic Wallet at any time without cost or loss of the Digital Assets.

Upon termination of any Service, your right to use the Service, the Software, and Site will automatically terminate immediately and you must stop accessing and using the Service. Atomic shall not be held responsible or liable to you for any loss of Digital Asset in the event that we discontinue or terminate the Services. All provisions of the Terms which by their nature should survive termination of Services will do so, including Sections 7, 8, 9 and 10.

13. ARBITRATION, WAIVER OF CLASS ACTION AND JURY TRIAL AND GOVERNING LAW

This Agreement is governed by the laws of the Republic of Panama. Any disputes arising from or in relation with this Agreement shall be first tried to be settled by negotiations between you and Atomic. In the case we do not reach consensus with you, and except where prohibited by law, you agree that any dispute between you and Atomic will be resolved solely and exclusively by BINDING ARBITRATION AND NOT BY BRINGING A CLAIM IN COURT OR BY HAVING A JURY TRIAL. If for any reason a claim proceeds in court rather than in arbitration, both you and Atomic agree that each has waived any right to a jury trial.

Any dispute, controversy or claim arising out of or in connection with this Agreement or your use of the Services on an individual basis shall be finally settled in binding arbitration in Panama by a sole arbitrator, in the English language, with limited discovery. The arbitration shall be kept confidential and you shall not disclose to any person, other than those necessary to the proceedings, the existence of the arbitration, any information submitted during the arbitration, any documents submitted in connection with it, any oral submissions or testimony, transcripts, or any award unless disclosure is required by law or is necessary for permissible court proceedings, such as proceedings to recognize or enforce an award. In case arbitration is excluded by relevant applicable law, the court for any disputes shall be the courts of Panama City.

Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights, or to collect unpaid amounts.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the Atomic’s address.

Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO LEGAL COSTS AND ATTORNEYS’ FEES. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE NOT TO COMMENCE A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.

14. PRIVACY

By using the Service, or other method of legal acceptance, you understand and agree that Atomic may collect and use some information about you and that our Privacy Policy shall govern what we do with your information. Please read our Privacy Policy carefully for more information.

15. POLICIES FOR CHILDREN

The Services are not directed to individuals under the age of 13. In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information in accordance with the Children’s Online Privacy Protection Act. Please see the Federal Trade Commission’s website for (www.ftc.gov) for more information. For more information about our privacy practices with respect to the personal information of children, please see our Privacy Policy.

Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider for more information.

16. MISCELLANEOUS

16.1. Term. This Agreement shall govern the relations between you and Atomic during or while you use (or misuse) the Services.

16.2. Force Majeure. Atomic shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to any acts of God, acts of civil or military authorities, acts of terrorism, civil or industrial disturbances, blockages, embargoes, war, strikes or other labor disputes, fire, earthquakes, storms or other nature-related events, interruption in electrical telecommunications or Internet services or network provider services, failure of hardware equipment and/or software or other utility failures, smart contract bugs or weaknesses, technological changes, changes in interest rates or other monetary conditions, and, for the avoidance of doubt, changes to any blockchain-related protocol, other catastrophe, or any other occurrences which are beyond our reasonable control, and shall not affect the validity and enforceability of any remaining provisions. If we are unable to perform our Services outlined in the Terms due to factors beyond our control, including, but not limited to, the aforementioned force majeure events or changes in applicable laws and/or sanctions policies, we shall not be liable for the Services provided under these Terms during the time period coincident with the event in question.

16.3. Assignment. You agree that we may assign, in whole or in part, any of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms with or without any notice or consent from you. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.

16.4. Notices. Any notices or other communications provided by us under these Terms, including those regarding modifications to it will be given by posting to the Services and/or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures that we provide in connection with your use of the Services and will be legally bound by these notices.

16.5. Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.

16.6. No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

16.7. Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.

16.8. Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.