Terms of Service

These Terms of Service ("Terms") govern your access to and use of our services which are wholly owned and operated by Igloocy srl (referred to as "we", "our", "Igloocy"), including the website and Atom Messenger applications, and any information, text, links, graphics, video, audio, or other materials you upload, download, or appear on the Services (collectively, "Content"). These Terms and the Privacy Policy constitute the End User Agreement between you and Igloocy.

1. Who can use the Services

Anyone who is not barred from using the Services under the laws of applicable jurisdiction and is at least 18 years of age may use the Service. By using these Services, you agree to enter into a binding End User Agreement between you and Igloocy. If you agree to these Terms and are using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in such situation the words "you" and "your" used in these Terms will refer to that entity.

2. Our privacy policy

Privacy is central to our purpose and mission. For more details, please refer to the platform's Privacy Policy.

3. Our services

Our Services are intended to facilitate private and secure communications between two or more parties, within a group or within a community using the application connected to a specific node (Atom Server).

3.1. Use of the website

The purpose of the https://atomapp.cloud website is mainly to provide you with information about the app and the download link for the app. We have done our best to ensure that this information is accurate and up to date, however, there may be unintentional errors which could mislead you. We therefore invite you to contact us for any clarification you may need.

3.2. Using the app

The purpose of the app is to facilitate private and secure communications, without capturing or sharing metadata. It was intentionally created for use by individuals who require anonymity and security.

What do we mean by "private"? The Atom App does not require you to identify yourself in any way or associate your personally identifiable information, including phone numbers or email addresses, with your account created on the App (known as an Atom ID). What do we mean by "safe"? The messages you create on your atom app are encrypted and only the target atom id can decrypt the message. Encrypted messages are wrapped in multiple layers of encryption and routed by the Atom app only to the relevant node's micro-server. While we make every effort to ensure security, we cannot be held responsible for any interception or decryption using advanced technology, now or in the future. Our Services do not provide access to public emergency service providers such as the police, fire departments, hospitals or other public safety organizations.

4. Our responsibilities and commitments to you

We are committed to ensuring that we provide our Services in an accessible and reliable manner. We will not sell or monetize your personal data or content in any way. We cannot access your data even if we wanted to, as Atom preserves the privacy and secrecy of your messages. See our privacy policy for more info. Atom License to You — Igloocy grants you a limited, revocable, non-exclusive, non-transferable license to use our Services in accordance with these Terms. Availability of our services: We strive to ensure that our services are always available for your use. However, there may be occasions when they are disrupted, including for maintenance, upgrades, or to resolve network or equipment failures. We may discontinue some or all of our Services, including some features and support for certain devices and platforms. Keeping You Informed — We continually provide updates on our Services through various channels. Where possible, we will endeavor to keep you updated on disruptions and service disruptions through these channels.

5. Your responsibilities and rights

5.1. Account Management and General Use

Software and Accounts: You are responsible for keeping your device, the Atom app and your account current, safe and secure, including responsibility for any passwords or recovery phrases.

Fees and Taxes — You are responsible for data and mobile operator fees and taxes associated with the devices on which you use our Services.

Terms and Policies: You must use our Services in accordance with our Terms and Policies. If we block your account for a violation of our Terms, you will not create another account without our permission.

Lawful and Acceptable Use: You agree to use our Services only for lawful, authorized and acceptable purposes. You will not use (or assist others to use) our Services in a manner that: (a) infringes or violates the rights of Atom, our users, or others, including privacy, publicity, intellectual property, or other rights; (b) involve the sending of any unlawful or unauthorized communications such as mass messaging, automated messaging, and automated calling; (c) violate the Platform Content Policy described below.

Damaging ATOM Apps: You must not (or assist others in) accessing, using, modifying, distributing, transferring or exploiting our services in unauthorized ways or in ways that damage the atom platform, our services or systems. For example, you must not (a) gain or attempt to gain unauthorized access to our Services or systems; (b) disrupt the integrity or performance of our Services; (c) create accounts for our Services through unauthorized or automated means; (d) collect information about other users of the platform in any unauthorized way; or (e) sell, rent or charge for our Services.

Third Party Services: Our Services may allow you to access, use or interact with websites, apps, content and other products and services operated by third parties. When you use third party services, their terms and privacy policies govern your use of those services. When you use Communities operated by third parties, these Terms and any terms or policies associated with the Community will govern your use.

Test Environments: You may use the communities maintained by Igloccy in accordance with these Terms of Service, but you also agree to follow the rules of the specific community.

Your Content: You own and/or are responsible for the content (text messages, audio, video, images) that you submit through our Services. We cannot access this information unless you explicitly submit it to us or it is posted in a Community.

Rights: You acknowledge that Igloocy owns all copyrights, trademarks, domain names, logos, trade dress, trade secrets, patents and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domain names, logos, trade dress, patents and other intellectual property rights unless you have our written permission. To report copyright, trademark or other intellectual property infringements, please contact info@atomapp.cloud

5.2. Content Policy

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Igloocy exists to build private and secure technology and defend your right to privacy and security in the digital world. We are also driven by a mission to uphold the fundamental principles of democracy, media freedom and human rights. To enable us to uphold our mission principles, we have identified the following activities as a clear violation of these Terms.

Violent behavior, violent extremism and terrorism The platform cannot be used for glorify violence, or promote violence of any form (physical, psychological, sexual) against another individual or group, or incite to harm or directly attack or threaten other people on the basis of race, ethnicity, national origin, caste, sexual orientation , gender, gender identity, religious affiliation, age, disability or serious illness. by organizations, groups and individuals designated by the United Nations as terrorist organizations or terrorists.

Sexual exploitation The platform cannot be used to organize or promote the sexual exploitation of minors. A child is anyone under the age of 18. Specifically, Atom cannot be used to store or share: visual representations of a child engaging in sexually explicit or sexually suggestive acts; illustrated, computer-generated, or other form of realistic representation of a human child in a sexually explicit context or engaging in sexually explicit acts; sexualized comments about or directed at a known or unknown minor; links to third-party sites that host child sexual exploitation material; fantasies about or promoting involvement in child sexual exploitation; recruit, advertise or express interest in a paid sexual act involving a child or to house and/or transport a child for sexual purposes.

Extremely violent and/or explicit content The platform may not be used to store or share violent or bloody content intended to shock or disgust others or create harm or distress to the person or persons depicted in the content. Harmful and/or illegal content The platform cannot be used for cyber abuse, non-consensual sharing of intimate images and violent repugnant material.

6.0 Monitoring for Breaches

Our Services were created using a privacy-based approach, which means that it is impossible for us to analyze or monitor the content you create and store on the Atom App or share it with other users. Igloocy does not have the ability to monitor all communities However, we make a concerted effort to monitor and, where necessary, moderate the communities that we have created.

6.1 Notification of Violations to Third Parties We may be notified by third parties of violations of these Terms. In such cases, the evidence submitted by the third parties will be accessible to our governing body and the igloocy supervisory body, to determine the seriousness of the violation and the required outcomes. We may engage external experts for additional assistance and information. Decisions made by our Board and members will be final. All notifications, including requests for information or takedown notices, will be documented in our Transparency Report which is updated quarterly.

7.0. Dispute Resolution and Term Resolution

Dispute Resolution — You agree to resolve any Claims you have with us relating to or arising out of our Terms, us, or our Services solely in the United States. You further agree to submit to the personal jurisdiction of such courts for the purpose of resolving all such disputes. The laws of the Italian state govern our Terms, as well as any disputes, both in court and in arbitration

Conclusion of these Terms — You can terminate the effects of these terms and the legal relationship with igloocy at any time by deleting ATOM from your device and discontinuing use of our Services. We may modify, suspend or terminate your access or use of our Services at any time and for any reason, such as if you violate the letter or spirit of our Terms or create damages, risks or possible legal exposure for Atom. The following provisions will survive any termination of your relationship with Atom: "Licenses", "Disclaimers", "Limitation of Liability", "Dispute Resolution", "Availability" and "Termination of these Terms" and "General".

8.0 Terms Update

Igloocy may update the Terms at any time. When we update our Terms, we will update the "Last Modified" date associated with the updated Terms. Your continued use of our Services confirms your acceptance of our updated Terms and supersedes any previously agreed Terms. You will comply with all applicable export control and trade sanctions laws. Our Terms cover the entire agreement between you and Igloocy regarding our Services. If you disagree with our Terms, you should stop using our Services.

If we fail to enforce our Terms, we do not waive the right to enforce them. If any provision of the Terms is determined to be unlawful, void, or unenforceable, then that provision will be deemed severable from our Terms and will not affect the enforceability of any remaining provisions. Our Services are not intended for distribution or use in any country where such distribution or use would violate local law or subject us to any regulation in another country. If you have specific questions about these Terms, please contact us at support@atomapp.cloud

9.0 iOS and Google – End User License Agreement

By using the Atom iOS or Android app ("App"), you agree not only to Atom's Terms of Service and Privacy Policy, but also to this End User License Agreement ("EULA").

Acknowledgment: You acknowledge that this EULA is concluded between Igloocy and not with Apple or Google, which is solely responsible for the Licensed Application and its content.

Scope of license: Provided you comply with our Terms of Service, Igloocy grants you a limited-time, non-exclusive, non-transferable, revocable license to download and use the app.

Maintenance and Support: Igloocy makes no guarantees that we will provide you with maintenance or support beyond what already exists in our documentation. Apple or Google has no obligation to provide any maintenance and support services in connection with the App.

Warranty: Our warranty is available in our Terms of Service, which you agree to. To the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to meet any warranty will be handled in accordance with the Terms of Service.

Product Claims: Igloocy, and not Apple or Google, is responsible for resolving any claims relating to the App or its use, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to comply with any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar laws. This is handled in accordance with the Terms of Service.

Intellectual Property Rights: Igloocy, and not Apple or Google, is responsible for all intellectual property issues associated with the app. This is covered in our Terms of Service.

Legal Compliance: You represent and warrant that (i) you are not located in a country subject to a government embargo from the Italian state or that has been designated by the Italian government as a "terrorism supporting" country; and (ii) is not listed on any Italian government list of prohibited or restricted parties.

Third Party Beneficiary: Igloocy and you acknowledge and agree that Apple or Google and their subsidiaries are third party beneficiaries of this EULA and that, subject to your acceptance of the Terms of Service and this EULA, Apple or Google will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.

Unacceptable Content: You acknowledge that you are subject to acceptable content policies within the communities and other areas of the app and that you should not use the app to distribute objectionable content. If you are found to be an abusive user, you may also be restricted or removed from the communities or app if reported or discovered.

10 Conclusion

This page outlines the Terms of Service for the Atom App, Services and Website, as well as the End User License Agreement for iOS or Android. If you want to know more about how we manage your privacy, you can consult the privacy policy which can be viewed from the app or from the atomapp.cloud website. If you have any questions, opinions or concerns about the Terms, please contact us by email at info@atomapp.cloud.