Last updated: September 10, 2026

1. Introduction

These Terms of Service (“Terms”) govern your access to and use of:

  • The Atomic website at atomic.dev and related websites;

  • Atomic documentation, APIs, integrations, hosted features, and services;

  • Atomic software made available subject to these Terms; and

  • Other Atomic products or services that link to these Terms.

We refer to these offerings collectively as the “Services.”

When we say “Atomic,” “we,” “us,” or “our,” we mean Atomic Software, Inc. “You” means the individual using the Services and, when applicable, the company or organization on whose behalf that individual is using the Services.

By accessing or using the Services, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Services.

If you use the Services for a company or other organization, you represent that you have authority to bind that organization to these Terms. In that case, “you” includes that organization.

You must be at least 18 years old—or the age of legal majority where you live—to enter into these Terms.

2. Additional Terms and Order of Precedence

Certain Atomic offerings may be governed by additional terms, including:

  • An order form;

  • A subscription or enterprise agreement;

  • A data processing agreement;

  • Service-specific terms;

  • An open-source or source-available software license; or

  • Documentation accompanying a particular feature.

If additional terms conflict with these Terms, the additional terms control for the applicable offering.

If you have entered into a separately signed agreement with Atomic covering the same Services, that agreement controls over these Terms.

3. Open-Source Software

Some Atomic software is made available under an open-source license, including the Apache License 2.0. Your use, modification, and distribution of that software are governed by the license accompanying the software—not by these Terms—to the extent the license applies.

These Terms continue to govern Atomic’s websites, hosted services, APIs, documentation, trademarks, proprietary features, support services, and other materials not covered by an applicable open-source license.

Open-source software may include components provided under separate licenses. You are responsible for complying with the notices and license terms accompanying those components.

4. Accounts and Access Credentials

Some Services may not require an account. If Atomic makes account-based Services available, you agree to:

  • Provide accurate and current registration information;

  • Keep your login credentials, access tokens, and signing keys secure;

  • Promptly notify Atomic of suspected unauthorized access;

  • Maintain appropriate security for devices and systems accessing the Services; and

  • Accept responsibility for activity occurring through your account or credentials.

Credentials assigned to an individual may not be shared by multiple individuals unless Atomic expressly permits it.

You may authorize AI agents, CI systems, scripts, applications, and other automated tools to access the Services through credentials or permissions you control. You remain responsible for:

  • Actions performed by those agents and tools;

  • Their compliance with these Terms;

  • The permissions and data access you grant them; and

  • Reviewing their output before relying on it.

You may not use multiple accounts, identities, or credentials to avoid usage limits, access restrictions, or payment obligations.

5. Customer Content

5.1 Ownership

“Customer Content” means source code, files, prompts, intents, tasks, acceptance criteria, patches, change metadata, provenance records, attestations, evidence, communications, and other content you or your authorized users submit to or process through the Services.

As between you and Atomic, you retain ownership of Customer Content.

5.2 License to Atomic

You grant Atomic a nonexclusive, worldwide, royalty-free license to host, store, reproduce, parse, index, transmit, display, format, modify, and otherwise process Customer Content only as reasonably necessary to:

  • Provide and operate the Services;

  • Perform actions you request;

  • Maintain, secure, and troubleshoot the Services;

  • Prevent fraud, abuse, or security incidents;

  • Provide customer support; and

  • Comply with applicable law.

This license lasts only for as long as reasonably necessary to provide the Services and meet the obligations described in these Terms, our Privacy Policy, and any applicable customer agreement.

5.3 Your Responsibilities

You represent and warrant that:

  • You own Customer Content or have sufficient rights to submit and process it;

  • Your use of Customer Content through the Services does not violate applicable law, contractual obligations, intellectual-property rights, privacy rights, confidentiality obligations, or organizational policies;

  • You have provided legally required notices and obtained legally required permissions; and

  • You will not submit information subject to heightened legal restrictions unless your agreement with Atomic expressly permits it.

You are responsible for deciding what Customer Content is submitted to the Services and for configuring appropriate access controls.

5.4 Confidential Customer Content

Atomic will treat nonpublic Customer Content as confidential and will use reasonable safeguards designed to protect it.

Atomic may access nonpublic Customer Content only:

  • To provide, maintain, secure, or troubleshoot the Services;

  • When you request support or authorize access;

  • Through automated processing necessary to deliver requested features;

  • To investigate suspected violations, vulnerabilities, malware, or misuse;

  • To prevent harm to Atomic, its users, or others; or

  • When required by law or valid legal process.

5.5 AI Models

Atomic may process Customer Content using AI models or AI-enabled features when you invoke, configure, or authorize those features.

Atomic does not use private Customer Content to train general-purpose generative AI models unless you provide separate, affirmative authorization.

Third-party AI providers you choose to connect may process Customer Content according to their own terms and privacy practices. You are responsible for reviewing those terms before enabling an integration.

6. Third-Party Integrations

The Services may allow you to connect AI agents, code-hosting platforms, development tools, issue trackers, identity providers, or other third-party services.

When you enable an integration, you authorize Atomic to exchange information with that provider as necessary to provide the integration. You represent that you have the authority to grant the requested access.

You can generally stop future access by disabling the integration or revoking its credentials. Disconnecting an integration may not automatically delete information already processed or stored.

Third-party services are governed by their own terms and policies. Atomic does not control and is not responsible for:

  • The availability or operation of third-party services;

  • Changes made by third-party providers;

  • Data handled independently by those providers; or

  • Loss or damage resulting from your use of a third-party service.

7. Acceptable Use

You may not use the Services to:

  • Violate applicable law or another person’s rights;

  • Infringe intellectual-property, privacy, publicity, or contractual rights;

  • Upload or distribute malware, destructive code, or harmful content;

  • Gain unauthorized access to an account, system, network, repository, or data;

  • Circumvent access controls, security measures, usage restrictions, or rate limits;

  • Interfere with or disrupt the integrity, availability, or performance of the Services;

  • Probe or test vulnerabilities without Atomic’s written authorization or outside an authorized security program;

  • Use another person’s credentials without permission;

  • Collect or harvest personal information for spam, unsolicited marketing, or unlawful purposes;

  • Misrepresent the origin, authorship, provenance, attestation, approval, or security status of software changes;

  • Falsify, tamper with, or intentionally obscure records created by the Services;

  • Use the Services to create or distribute unlawful, deceptive, defamatory, threatening, or abusive material;

  • Use the Services in a manner that creates an unreasonable security risk or excessive burden on Atomic’s infrastructure; or

  • Help another person perform any prohibited activity.

You may conduct benchmark or interoperability testing for legitimate internal purposes. You may not publish misleading test results or results produced in violation of these Terms.

Atomic may investigate suspected violations and may suspend or restrict access when reasonably necessary to protect the Services, users, or third parties.

8. APIs and Automated Use

Atomic may provide APIs, command-line interfaces, plugins, or other programmatic access.

You agree to:

  • Follow applicable documentation and technical restrictions;

  • Comply with published rate and usage limits;

  • Protect API keys, signing keys, tokens, and credentials;

  • Avoid excessive requests that degrade the Services;

  • Maintain appropriate human oversight of automated actions; and

  • Comply with applicable laws and organizational policies.

Atomic may change, restrict, or discontinue programmatic interfaces. When commercially reasonable, we will provide notice of changes that materially affect paid Services.

9. Your Systems, Backups, and Security

Unless a separate agreement expressly states otherwise, you are responsible for:

  • Your repositories, source code, development environment, and systems;

  • Maintaining independent backups of Customer Content;

  • Testing changes before deployment;

  • Reviewing agent-generated or automated output;

  • Managing user, agent, and integration permissions;

  • Protecting private keys, credentials, and recovery information; and

  • Determining whether the Services are appropriate for your use case.

Atomic does not guarantee that it can restore lost or corrupted Customer Content.

Cryptographic signatures, provenance records, attestations, dependency information, and other evidence can improve accountability, but they do not independently establish that software is correct, secure, lawful, or suitable for production.

10. Fees and Paid Services

Certain Services may be offered for a fee. Pricing, usage allowances, subscription periods, and payment terms will be provided when you order the applicable Services.

Unless otherwise stated:

  • Fees are quoted in United States dollars;

  • Fees are exclusive of applicable taxes;

  • You are responsible for applicable sales, use, value-added, withholding, and similar taxes, excluding taxes based on Atomic’s net income;

  • Subscriptions renew according to the applicable order terms;

  • Fees are nonrefundable except where required by law or expressly stated otherwise; and

  • Failure to pay may result in suspension or termination of paid Services.

Atomic may change pricing prospectively. Price changes will not apply retroactively to a prepaid subscription period.

11. Beta and Preview Features

Atomic may offer alpha, beta, experimental, early-access, or preview features (“Beta Services”).

Beta Services may be incomplete, change without notice, contain defects, or be discontinued. Unless Atomic expressly agrees otherwise:

  • Beta Services are provided for evaluation;

  • They may not be suitable for production use;

  • Service-level commitments do not apply;

  • You should not rely on them for critical workloads; and

  • You use them at your own risk.

Feedback about Beta Services may be used as described in Section 13.

12. Atomic Intellectual Property

Except for Customer Content, open-source software, and third-party materials, Atomic and its licensors own all rights, title, and interest in the Services, including:

  • Software and proprietary technology;

  • Website content;

  • Documentation;

  • Designs, interfaces, and graphics;

  • Brands, names, logos, and trademarks; and

  • Improvements and derivative works.

These Terms do not transfer ownership of Atomic intellectual property to you.

Subject to these Terms, Atomic grants you a limited, nonexclusive, nontransferable, revocable right to access and use the applicable Services for their intended purpose during the period in which you are authorized to use them.

You may not use Atomic’s names, logos, trademarks, or trade dress without prior written permission, except as permitted by applicable trademark law.

13. Feedback

If you provide ideas, suggestions, feature requests, or other feedback, you grant Atomic a perpetual, irrevocable, worldwide, royalty-free right to use, modify, commercialize, and incorporate that feedback without restriction or compensation.

This section does not give Atomic ownership of your Customer Content or confidential information.

Atomic respects intellectual-property rights.

If you believe material available through the Services infringes your copyright, send a notice containing:

  • Your physical or electronic signature;

  • Identification of the copyrighted work;

  • Identification and location of the allegedly infringing material;

  • Your name and contact information;

  • A statement that you have a good-faith belief the use is unauthorized; and

  • A statement, made under penalty of perjury, that the information is accurate and that you are the copyright owner or authorized to act for the owner.

Notices should be sent to:

Email: sales@atomic.dev

Atomic may remove or restrict access to allegedly infringing material and may terminate repeat infringers where appropriate.

If Atomic removes your content because of a copyright complaint, you may submit a legally compliant counter-notice to the same contact.

15. Suspension and Termination

You may stop using the Services at any time. If account-closure functionality is available, you may close your account through the Services or contact Atomic.

Atomic may suspend or terminate access if:

  • You materially or repeatedly violate these Terms;

  • Fees are overdue;

  • Your use creates a security, legal, or operational risk;

  • Suspension is necessary to protect Atomic, its users, or others;

  • A third-party provider necessary to the Services withdraws access;

  • We are required to do so by law; or

  • We discontinue the applicable Service.

When reasonably practicable, Atomic will provide notice and an opportunity to resolve the issue before suspension or termination.

Upon termination, your right to use the affected Services ends. Provisions that should reasonably survive termination—including ownership, payment obligations, disclaimers, liability limitations, indemnification, dispute provisions, and general legal terms—will survive.

Customer Content will be handled according to our Privacy Policy, applicable documentation, and any separate customer agreement.

Termination of these Terms does not terminate rights granted under an open-source license. Those rights are governed by the applicable license.

16. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

ATOMIC AND ITS LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF:

  • MERCHANTABILITY;

  • FITNESS FOR A PARTICULAR PURPOSE;

  • TITLE;

  • NON-INFRINGEMENT;

  • ACCURACY;

  • QUIET ENJOYMENT; AND

  • WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

ATOMIC DOES NOT WARRANT THAT:

  • THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE;

  • ALL DEFECTS WILL BE CORRECTED;

  • THE SERVICES WILL MEET YOUR REQUIREMENTS;

  • OUTPUT, ANALYSIS, PROVENANCE, OR ATTESTATION INFORMATION WILL BE COMPLETE OR ERROR-FREE;

  • CUSTOMER CONTENT WILL NEVER BE LOST OR CORRUPTED; OR

  • CODE OR OTHER OUTPUT CREATED WITH THE ASSISTANCE OF AN AI AGENT WILL BE CORRECT, SECURE, NON-INFRINGING, OR SUITABLE FOR PRODUCTION.

Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, these exclusions apply only to the greatest extent permitted by law.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATOMIC AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR:

  • INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES;

  • LOST PROFITS, REVENUE, SAVINGS, GOODWILL, OR BUSINESS OPPORTUNITY;

  • LOSS, CORRUPTION, OR UNAVAILABILITY OF DATA;

  • BUSINESS INTERRUPTION;

  • SECURITY INCIDENTS CAUSED BY YOUR SYSTEMS, CREDENTIALS, CONFIGURATION, OR THIRD-PARTY SERVICES; OR

  • THE COST OF SUBSTITUTE PRODUCTS OR SERVICES.

This limitation applies regardless of the theory of liability and even if Atomic was advised that damages were possible.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATOMIC’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

  1. THE AMOUNT YOU PAID ATOMIC FOR THE AFFECTED SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR

  2. ONE HUNDRED UNITED STATES DOLLARS (US $100).

These limitations do not apply to liability that cannot legally be limited or excluded.

18. Indemnification

If you use the Services on behalf of a business or organization, you will defend, indemnify, and hold harmless Atomic and its affiliates, officers, directors, employees, and agents from third-party claims, damages, losses, liabilities, judgments, penalties, costs, and reasonable attorneys’ fees arising from:

  • Customer Content;

  • Your use of the Services in violation of these Terms;

  • Your violation of applicable law;

  • Your violation of another person’s rights;

  • An integration or automated tool you authorize; or

  • Your failure to maintain legally required permissions, notices, or safeguards.

Atomic will promptly notify you of an indemnified claim and reasonably cooperate with the defense. You may not settle a claim in a way that admits wrongdoing by Atomic or imposes an obligation on Atomic without Atomic’s written consent.

This section does not apply to individual consumers to the extent prohibited by applicable law.

19. Export Controls and Sanctions

You may not access, use, export, re-export, or transfer the Services in violation of United States export-control or sanctions laws or other applicable trade restrictions.

You represent that you are not:

  • Located in a jurisdiction where use of the Services is prohibited by applicable law;

  • Identified on a United States government restricted-party list; or

  • Acting on behalf of a prohibited or restricted party.

You are responsible for determining whether your Customer Content, encryption use, software, or activities are subject to additional trade-control requirements.

20. Government Use

If the Services are acquired by or on behalf of the United States government, they are commercial computer software and commercial computer-software documentation developed exclusively at private expense. Government use is subject to these Terms and applicable federal acquisition regulations.

21. Changes to the Services or Terms

Atomic may modify the Services and these Terms as its products and business evolve.

If we make a material change to these Terms, we will provide reasonable notice by posting the revised Terms, updating the effective date, sending an email, or providing notice through the Services.

Changes apply prospectively. Your continued use after revised Terms become effective constitutes acceptance of the revised Terms. If you do not agree, you must stop using the affected Services.

Changes to an open-source license are governed by the license applicable to the particular software version you received.

22. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles.

Before filing a legal claim, you and Atomic agree to attempt to resolve the dispute informally. The party raising the dispute must provide written notice describing the issue and requested resolution. The parties will have 30 days after receipt of notice to attempt an informal resolution.

If the dispute is not resolved, any legal proceeding arising from these Terms or the Services must be brought in the state or federal courts located in Delaware, and each party consents to their jurisdiction and venue.

If you are a consumer, this section does not deprive you of protections or forums that cannot be waived under the laws where you live.

23. General Terms

Entire Agreement

These Terms and any applicable additional terms constitute the entire agreement between you and Atomic concerning the Services.

Assignment

You may not assign these Terms without Atomic’s prior written consent. Atomic may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law.

Severability

If a provision is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable. If it cannot be modified, it will be severed. The remaining provisions will continue in effect.

No Waiver

Failure to enforce a provision is not a waiver of the right to enforce it later.

No Third-Party Beneficiaries

These Terms do not create rights for third parties.

Force Majeure

Atomic is not responsible for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, labor disputes, Internet or utility failures, government actions, war, terrorism, epidemics, or failures of third-party infrastructure.

Electronic Communications

You agree to receive agreements, notices, and other communications electronically. Electronic communications satisfy legal requirements that communications be in writing, except where applicable law requires another method.

Headings

Headings are provided for convenience and do not affect interpretation.

Language

If these Terms are translated, the English version controls to the extent permitted by law.

24. Contact Us

Questions about these Terms may be sent to:

Atomic Software, Inc.
Email: sales@atomic.dev

Formal legal notices must be sent to the email above. Messages sent through general support or social-media channels do not constitute formal legal notice.