Atomic BI - Terms of Service for Hyper-Personalised Outreach Solution

1. INTRODUCTION

These Terms of Service ("Terms") govern your access to and use of Atomic BI's Hyper-Personalised Outreach solution (the "Service"). By clicking "I Accept" or by using the Service, you agree to be bound by these Terms. If you are accepting on behalf of your employer or another entity, you represent that you have the authority to bind that entity to these Terms.

2. DEFINITIONS

• "Atomic BI" refers to Atomic BI PTE. LTD., a company incorporated in Singapore with its registered office at 160 Robinson Road, #14-04 Singapore Business Federation Center, Singapore, 068914.
• "Client" refers to the individual or entity that has purchased access to the Service.
• "Service" refers to Atomic BI's Hyper-Personalised Outreach solution, including all software, tools, and features provided as part of the solution.
• "Atomic BI Partner" refers to an authorized representative of Atomic BI who executes campaigns on behalf of the Client.
• "Do-It-Yourself Option" refers to the option where the Client operates the solution directly with solution support from Atomic BI.
• "Done-For-You Option" refers to the option where Atomic BI Partners execute campaigns on behalf of the Client for an additional fee.
• "Personal Data" refers to any information that relates to an identified or identifiable individual.
• "Cookies" are small files placed on your device by a website, containing details of your browsing history on that website.
• "Usage Data" is data collected automatically, either generated by the use of the service or from the service infrastructure itself.

3. SERVICE DESCRIPTION

3.1. Atomic BI provides a Hyper-Personalised Sales Outreach productivity solution powered by AI and Automation. The specific features and deliverables are included as part of the Service package purchased by the Client.

3.2. The Service is available in two options:

1. Do-It-Yourself Option: The Client operates the solution directly with solution support from Atomic BI. This option provides flexibility and control to the Client.
2. Done-For-You Option: Atomic BI Partners execute campaigns on behalf of the Client for an additional fee. This option offers convenience and expertise.

3.3. Multiple LinkedIn accounts can be connected to Atomic BI, subject to additional fees and conditions.

4. DONE-FOR-YOU SERVICE

4.1. The Done-For-You Service is not required but offered by Atomic BI to selected clients for an additional fee. The terms in this section are only applicable to Clients who are using this service.

4.2. As part of the Done-For-You Service, an Atomic BI Partner will execute your campaign in agreement with the Client's requirements.

4.3. This is a rolling monthly subscription service that can be terminated with 30 days written notice.

4.4. This service includes up to 20 connection requests and 25 InMail messages sent per working day per LinkedIn account.

4.5. The service and performance metrics stated are for 1 LinkedIn Account. Additional LinkedIn accounts can be connected for an additional fee.

4.6. Conversation management and meeting booking activities will be mutually agreed between the Client and Atomic BI Partner.

4.7. Performance metrics include a maximum outreach per day of up to 20 connection requests and up to 25 new InMail messages per LinkedIn account. Prospect responses should be responded to within 1 business day.

5. PAYMENT TERMS

5.1. All payments shall be due within 14 days of invoice date.

5.2. Invoices may be issued up to 25 days in advance.

5.3. Late payments shall incur an administration fee of 1.5% of the total invoice value per month on the outstanding amount.

5.4. The Service shall commence once the initial payment has been received.

5.5. In case of disputed invoices, the Client shall notify Atomic BI within 5 days of receipt of the invoice.

5.6. In the event of delayed payment, Atomic BI shall not be held responsible for service delays, and the service timeline shall be extended by the number of days the payment is delayed.

5.7. Non-payment may result in the suspension of services until payment is received.

5.8. Atomic BI offers a 30-day money-back guarantee on the first month of service.

5.9. Accepted payment methods include credit card, bank transfer, and other methods as specified by Atomic BI. Currency conversion fees may apply.

6. INTELLECTUAL PROPERTY

6.1. All intellectual property rights in any work created, developed, or produced by Atomic BI in the course of providing the Services (including but not limited to software, know-how, inventions, designs, processes, and documentation) shall be owned exclusively by Atomic BI.

6.2. The Client is granted a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided as part of the Service.

6.3. The Client shall not reverse engineer, decompile, or disassemble any software or other deliverables provided by Atomic BI.

6.4. The Client shall take all reasonable steps to protect Atomic BI's intellectual property rights.

6.5. The Client agrees to respect Atomic BI's intellectual property rights and acknowledges that any infringement may result in termination of the Service and legal action.

7. CLIENT OBLIGATIONS

7.1. The Client shall respond to all requests from Atomic BI in a timely manner.

7.2. The Client shall designate a project coordinator to serve as the primary point of contact.

7.3. The Client shall ensure that all relevant stakeholders are aware of and agree to these Terms.

7.4. The Client shall be responsible for obtaining any necessary third-party consents or approvals required for the Service.

7.5. The Client shall ensure that its use of the Service complies with all applicable laws and regulations.

7.6. The Client shall ensure that all data provided to Atomic BI is accurate and complete.

7.7. The Client shall provide accurate and timely information necessary for Atomic BI to perform the services.

8. CONFIDENTIALITY

8.1. Each party shall maintain the confidentiality of all confidential information disclosed by the other party.

8.2. Confidential information shall not be disclosed to any third party without the prior written consent of the disclosing party.

8.3. These confidentiality obligations shall survive the termination of these Terms for a period of [specify duration, e.g., 2 years].

9. LIABILITY LIMITATION

9.1. To the fullest extent permitted by law, Atomic BI's total liability under these Terms, whether in contract, tort (including negligence), or otherwise, shall be limited to the total amount paid by the Client for the Service.

9.2. Neither party shall be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of business, or loss of data.

9.3. The liability limitation does not apply to breaches of confidentiality, intellectual property rights, and willful misconduct.

9.4. Atomic BI shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, or governmental action.

10. INDEMNIFICATION

10.1. The Client agrees to indemnify, defend, and hold harmless Atomic BI, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with the Client's use of the Service, violation of these Terms, or infringement of any intellectual property or other right of any person or entity.

10.2. The Client shall promptly notify Atomic BI of any indemnification claims and cooperate fully in the defense of such claims.

11. DATA PROTECTION

11.1. Atomic BI shall implement appropriate technical and organizational measures to protect the personal data processed as part of the Service. We comply with relevant data protection regulations, such as GDPR, and take specific measures to protect personal data.

11.2. The Client acknowledges and agrees that Atomic BI may process personal data in accordance with its Privacy Policy, which is incorporated by reference into these Terms.

11.3. Personal data may be transferred to and processed in locations outside the Client's jurisdiction, where data protection laws may differ.

11.4. The Client has the right to request the deletion or amendment of their personal data, as outlined in the Privacy Policy.

11.5. Atomic BI may disclose personal data in connection with business transactions or as required by law.

11.6. The security of personal data is important to us. We implement robust security measures, including end-to-end encryption, role-based access control (RBAC), and secure user authentication (OAuth 2.0, SSO).

12. SERVICE LEVEL AGREEMENT (SLA)

12.1. Atomic BI will use commercially reasonable efforts to ensure the Service is available 99% of the time, excluding scheduled maintenance.

12.2. Support requests will be responded to within 24 hours during business days.

12.3. In the event that the SLA is not met, the Client may be entitled to remedies as specified by Atomic BI.

13. MODIFICATION OF TERMS

13.1. Atomic BI reserves the right to modify these Terms at any time. Changes will be
communicated to the Client via email or through the Service.

13.2. Continued use of the Service after changes have been communicated constitutes acceptance of the modified Terms.

14. USE RESTRICTIONS

14.1. The Client shall not use the Service for any unlawful or prohibited activities, including but not limited to spamming, distributing malware, or infringing on the rights of others.

14.2. Examples of prohibited activities include, but are not limited to, unauthorized access to the Service, distribution of harmful content, and violation of third-party rights.

15. THIRD-PARTY SERVICES

15.1. The Service may integrate with third-party services. Atomic BI is not responsible for the privacy practices of these third-party services. We encourage you to review the privacy policies of any third-party services you use.

15.2. The Client agrees to comply with any terms and conditions associated with third-party services integrated with Atomic BI.

16. CAMPAIGN CONTENT APPROVAL

16.1. This section applies only for Clients using the Done-For-You service.

16.2. Atomic BI follows a 3-step process for campaign content approval:

1. Co-create the campaign with the Client and Done-For-You Partner.
2. Done-For-You Partner to select and prepare messages to be scheduled before the Client reviews and approves.
3. Client provides written permission for the Done-For-You Partner to execute the campaign autonomously on their behalf based on the standard established.

16.3. The timeline for each step in the content approval process will be mutually agreed upon to ensure timely execution.

17. TERMINATION

17.1. Either party may terminate these Terms with 30 days' written notice.

17.2. Atomic BI may terminate these Terms immediately if the Client breaches any material provision of these Terms.

17.3. Upon termination, the Client shall cease all use of the Service and pay any outstanding fees.

18. GOVERNING LAW AND DISPUTE RESOLUTION

18.1. These Terms shall be governed by and construed in accordance with the laws of Singapore.

18.2. Any dispute arising out of or in connection with these Terms shall be resolved through good faith negotiations between the parties.

18.3. If the dispute cannot be resolved through negotiations, it shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre. The language of arbitration shall be English.

19. NOTICES

Any notice required or permitted to be given under these Terms shall be in writing and shall be delivered by hand, email, or registered mail to the addresses provided by the Client or such other address as either party may specify in writing. Notices to Atomic BI should be sent to [insert specific email address or contact information].

20. SEVERABILITY

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

21. ENTIRE AGREEMENT

These Terms constitute the entire agreement between the parties and supersede all prior agreements or understandings, whether written or oral, relating to the subject matter herein.

22. ACCEPTANCE

By clicking "I Accept" or by making payment for the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and the Privacy Policy.

For Atomic BI PTE. LTD.

Daniel Malone, CEO