Service Agreement

1. Acceptance of these terms

By creating an account, issuing an API key, or otherwise accessing or using the platform, you agree to this Service Agreement on behalf of yourself and the organization you represent (the "Customer"). If you don't have authority to bind that organization, or you don't agree, don't use the services. "We," "us," and "AtomMatrix" refer to Atom Matrix Innovation LLC.

2. Definitions

• Services — the AtomMatrix communications and AI platform, including SMS, voice, email, verification, phone numbers, AI agents, knowledge/retrieval, analytics, APIs, and the console.
• Customer Content — the messages, prompts, documents, contact data, and other material you or your end users submit to the services.
• End User — the individuals you communicate with through the services (your customers).
• Documentation — our developer docs and product materials describing how the services work.
• Order — an order form, subscription plan, or online sign-up describing the services you've purchased and the fees.

3. The services

We grant you a non-exclusive, non-transferable right to access and use the services during the term, for your internal business purposes and in line with this Agreement, your Order, and the Documentation. We may improve or change the services over time; we won't make a change that materially reduces core functionality you've paid for without reasonable notice. Beta or early-access features are provided "as is" and may change or be withdrawn.

4. Accounts, keys & security

You're responsible for your account, your API keys, and everything done under them. Keep credentials secret, rotate them if they may be exposed, and restrict access to people who need it. Tell us promptly at security@atommatrix.ai if you suspect unauthorized use. We're not liable for losses arising from your failure to secure your credentials.

5. Acceptable use

You agree not to use the services to:

• send unlawful, fraudulent, deceptive, or misleading communications, including phishing, smishing, or spoofing;
• transmit content that is unlawful, harassing, hateful, or infringing, or that sexualizes or endangers minors;
• send messages without the consent required by law, or ignore opt-out and quiet-hours rules;
• generate artificially inflated traffic, engage in SMS pumping or toll fraud, or otherwise abuse routing;
• attempt to breach, probe, or overload the platform, or circumvent usage limits, guardrails, or security;
• use the AI features to make legally or medically consequential decisions without appropriate human review;
• resell or expose the services to third parties except as your Order permits.

We may throttle, suspend, or remove traffic that violates this section to protect the platform, other customers, and recipients.

6. Customer responsibilities & compliance

You're responsible for your use of the services and for your Customer Content. That includes obtaining and maintaining the consents required to contact your End Users, honoring opt-outs, completing sender or number registration where a market requires it, and complying with the communications, privacy, and consumer-protection laws that apply to you. We provide tools to help — automatic opt-out handling, suppression lists, consent fields — but the underlying obligation is yours. Where local rules require it, availability, number types, and content may be restricted; we'll confirm what's possible during onboarding.

7. Fees & payment

You'll pay the fees in your Order, including usage-based charges for messages, calls, numbers, verifications, and other metered features. Unless stated otherwise, fees are exclusive of taxes, which you're responsible for. Invoices are due on the terms in your Order; overdue amounts may accrue interest and, after notice, lead to suspension. Usage is measured by our systems, and those measurements are the basis for billing. Prepaid balances and committed amounts are non-refundable except where this Agreement or law says otherwise.

8. Service levels & support

We target 99.9% platform availability and provide support through the channels in your plan. Where your Order includes a service level agreement, that SLA and its remedies (such as service credits) describe your sole remedy for availability shortfalls. Delivery of communications also depends on third-party carriers and mailbox providers, which we don't control — see section 12.

9. Data protection & privacy

We process Customer Content to provide the services, and as described in our handling of security and privacy. You own your Customer Content; you grant us the rights needed to transmit, store, and process it to deliver the services and support you. We apply encryption in transit and at rest, tenant isolation, and access controls, and we offer regional data handling where finance and education requirements call for it. We don't use your Customer Content to train shared models for other customers. Where we act as your processor for personal data, the parties will follow applicable data-protection terms, available on request.

10. Confidentiality

Each party may access the other's confidential information. The receiving party will protect it with reasonable care, use it only to perform under this Agreement, and disclose it only to people who need it and are bound by similar obligations. This doesn't apply to information that is public through no fault of the receiver, already known, independently developed, or required to be disclosed by law (with notice where allowed).

11. Intellectual property

We and our licensors own the services, the software, and the Documentation, including all improvements. You own your Customer Content and your applications. If you send us feedback or suggestions, we may use them to improve the services without obligation to you. Nothing in this Agreement transfers ownership beyond the limited rights each party grants the other here.

12. Carriers, deliverability & third parties

Communications travel over networks operated by carriers, aggregators, and mailbox providers. We route intelligently, use multiple providers per market, and fail over automatically, but we can't guarantee that every message or call is delivered, delivered on time, or free from filtering by a downstream provider. Deliverability also depends on factors within your control, including sender reputation, content, and consent quality. We're not responsible for the acts or outages of third-party networks.

13. Warranties & disclaimers

We warrant that we'll provide the services with reasonable skill and care and as described in the Documentation. Except for that, the services are provided "as is" and "as available." To the extent the law allows, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. AI outputs are generated from data and models and may be imperfect; you're responsible for reviewing outputs before relying on them for consequential decisions.

14. Limitation of liability

To the extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, even if advised of the possibility. Each party's total liability arising out of or related to this Agreement is capped at the amounts you paid us for the services in the twelve months before the event giving rise to the claim. These limits don't apply to your payment obligations, either party's breach of confidentiality, or liability that can't be limited by law.

15. Indemnification

You'll defend and indemnify us against third-party claims arising from your Customer Content, your use of the services in breach of this Agreement, or your violation of law or the rights of an End User. We'll defend and indemnify you against third-party claims that the services, as provided by us, infringe that third party's intellectual property, excluding claims arising from your content or combinations we didn't supply. The indemnified party will give prompt notice and reasonable cooperation.

16. Term, termination & suspension

This Agreement runs while you have an active account or Order. Either party may terminate for material breach that isn't cured within 30 days of notice. We may suspend the services immediately where required to stop harm to the platform, other customers, recipients, or to comply with law — we'll aim to give notice and restore service once the issue is resolved. On termination, your right to use the services ends, unpaid fees become due, and we'll make Customer Content available for export for a limited period before deletion in the ordinary course. Terms that by their nature should survive — fees owed, confidentiality, IP, liability, indemnities — survive termination.

17. Changes to this Agreement

We may update this Agreement from time to time. If a change is material, we'll give reasonable notice — by email or in the console — before it takes effect. Continuing to use the services after a change takes effect means you accept the updated terms. The "last updated" date at the top reflects the current version.

18. Governing law & disputes

This Agreement is governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules, unless your Order specifies otherwise. The parties will try in good faith to resolve disputes informally first. Disputes that can't be resolved that way will be handled in the courts or forum named in your Order, or, absent that, the state and federal courts located in Delaware.

19. General

• Assignment — neither party may assign this Agreement without the other's consent, except to an affiliate or in connection with a merger or sale of substantially all assets.
• Force majeure — neither party is liable for delays or failures caused by events beyond its reasonable control.
• Notices — legal notices to us go to legal@atommatrix.ai; notices to you go to your account contact.
• Independent parties — this Agreement doesn't create a partnership, agency, or employment relationship.
• Severability & waiver — if a provision is unenforceable, the rest stays in effect; a failure to enforce a right isn't a waiver of it.
• Entire agreement — this Agreement and your Order are the complete agreement between the parties on this subject and supersede prior discussions.

20. Contact

Questions about these terms? Write to legal@atommatrix.ai, or reach our team through the contact page. Atom Matrix Innovation LLC.