The terms that govern your use of our website and professional technology services.
Effective Date: January 1, 2024 — Last Updated: June 1, 2026
These Terms of Service (the Terms) constitute a legally binding agreement between you (whether as an individual visitor or on behalf of an entity) and Atmo Technologies LLC, a company organized under the laws of the State of Florida, with its principal place of business at 3557 Chatelaine Dr, Tallahassee, FL 32308-5955, United States (Atmo Technologies, we, us, or our). These Terms govern your access to and use of our website located at https://www.theatmoapp.com (the Website), any related subdomains, and the professional computer systems design, integration, and technology consulting services we provide (collectively, the Services).
By accessing the Website or using our Services, you represent that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must immediately discontinue use of the Website and Services. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
For the purposes of these Terms, the following definitions apply:
By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. These Terms apply to all Users of the Website, including without limitation Users who are browsers, Clients, vendors, or contributors of content.
If you enter into a separate written agreement with Atmo Technologies for professional Services (such as a Master Services Agreement or Statement of Work), the terms of that separate agreement shall govern the provision of Services to the extent they conflict with these Terms. For all other matters, including use of the Website, these Terms shall prevail.
By using the Website, you represent and warrant that: (a) you are at least 18 years of age and have the legal capacity to enter into a binding contract; (b) if you are using the Website on behalf of an entity, you have the necessary authority to bind that entity; (c) all information you provide to us is true, accurate, current, and complete; and (d) your use of the Website and Services will comply with all applicable laws and regulations. We reserve the right to refuse service to anyone for any lawful reason at our sole discretion.
Atmo Technologies provides professional computer systems design, systems integration, technology consulting, cloud infrastructure engineering, cybersecurity engineering, and managed operations services. The specific scope, deliverables, timelines, and fees for any Services engagement shall be set forth in a separate written agreement or Statement of Work executed by both parties. Nothing on the Website constitutes a binding offer to provide Services; all Services engagements are subject to a separate written agreement.
We reserve the right to modify, suspend, or discontinue any aspect of the Website or Services at any time, with or without notice. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation.
Clients engaging Atmo Technologies for professional Services agree to the following obligations, which are essential to the successful delivery of Services:
Delays caused by Client's failure to meet these obligations may result in adjusted timelines and additional fees, as set forth in the applicable Statement of Work.
Each party retains all right, title, and interest in and to its pre-existing Intellectual Property Rights. Nothing in these Terms or any Services engagement transfers ownership of pre-existing Intellectual Property from one party to the other.
Unless otherwise expressly agreed in a written Statement of Work, upon full payment of all fees due, Atmo Technologies assigns to the Client all right, title, and interest in the Deliverables created specifically for that Client under the applicable SOW. Atmo Technologies retains ownership of all underlying tools, methodologies, frameworks, libraries, templates, and know-how used to create the Deliverables, whether developed before or during the engagement (collectively, Background IP). The Client receives a perpetual, non-exclusive, royalty-free license to use any Background IP incorporated into the Deliverables to the extent necessary to use the Deliverables for their intended purpose.
All content on the Website — including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, page layout, underlying code, and software — is the property of Atmo Technologies or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any Website content without our prior written consent.
Each party agrees to: (a) hold the other party's Confidential Information in strict confidence; (b) not disclose Confidential Information to any third party without the disclosing party's prior written consent, except to its employees, contractors, and agents who have a need to know and who are bound by confidentiality obligations at least as protective as those herein; (c) use Confidential Information solely for the purpose of performing obligations or exercising rights under these Terms and any applicable SOW; and (d) protect Confidential Information using the same degree of care it uses to protect its own confidential information of a similar nature, but in no event less than reasonable care.
Confidential Information does not include information that: (i) is or becomes publicly available through no breach of these Terms; (ii) was rightfully known by the receiving party prior to disclosure; (iii) is rightfully obtained by the receiving party from a third party without a duty of confidentiality; or (iv) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information. Disclosure required by law, regulation, or court order shall not constitute a breach, provided the receiving party gives the disclosing party prompt notice (where legally permitted) and reasonable assistance to contest or limit the required disclosure.
Fees for Services are set forth in the applicable Statement of Work. Unless otherwise stated: (a) fees are exclusive of applicable taxes, which shall be the responsibility of the Client; (b) invoices are payable net thirty (30) days from the date of invoice; (c) late payments shall accrue interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower; and (d) Atmo Technologies reserves the right to suspend Services if any invoice remains unpaid for more than fifteen (15) days past its due date, provided we have given the Client at least five (5) business days prior written notice.
The Client shall reimburse Atmo Technologies for reasonable, pre-approved out-of-pocket expenses incurred in connection with the Services. Travel time and expenses, if any, shall be addressed in the applicable Statement of Work.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATMO TECHNOLOGIES LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES — ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ATMO TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF ATMO TECHNOLOGIES LLC FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO ATMO TECHNOLOGIES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIVE HUNDRED UNITED STATES DOLLARS ($500.00). THESE LIMITATIONS APPLY EVEN IF THE REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
THE WEBSITE AND ALL CONTENT, MATERIALS, AND INFORMATION AVAILABLE THROUGH IT ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ATMO TECHNOLOGIES EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
Without limiting the foregoing, we do not warrant that: (a) the Website will operate uninterrupted, secure, or error-free; (b) defects or errors in the Website will be corrected; (c) the Website or the servers that make it available are free of viruses or other harmful components; or (d) any information or advice obtained through the Website is accurate, complete, or reliable. You assume full responsibility for your use of the Website and any decisions or actions taken based on its content.
For Clients receiving professional Services, the warranties applicable to those Services shall be set forth exclusively in the written agreement or Statement of Work governing that engagement.
You agree to defend, indemnify, and hold harmless Atmo Technologies LLC, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Website; (b) your violation of these Terms; (c) your violation of any applicable law, regulation, or third-party right; (d) any content, data, or materials you submit or transmit through the Website; or (e) your negligence, fraud, or willful misconduct. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate fully with us in asserting any available defenses.
These Terms shall remain in full force and effect while you use the Website or Services. We reserve the right to suspend or terminate your access to the Website at any time, with or without cause, and with or without notice. Provisions of these Terms that by their nature should survive termination — including but not limited to intellectual property rights, confidentiality, limitation of liability, disclaimer of warranties, indemnification, governing law, and dispute resolution — shall survive any termination.
Termination of a Services engagement between Atmo Technologies and a Client shall be governed by the terms of the applicable written agreement or Statement of Work. Unless otherwise agreed, upon termination the Client shall pay for all Services performed and expenses incurred through the effective date of termination.
You agree to use the Website only for lawful purposes and in accordance with these Terms. You agree not to:
The Website may contain links to third-party websites or services that are not owned or controlled by Atmo Technologies. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Atmo Technologies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Neither party shall be liable for any failure or delay in performance under these Terms or any Statement of Work (except for payment obligations) due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, epidemics, pandemics, war, terrorism, civil unrest, government orders or regulations, labor disputes, internet or telecommunications outages, cyberattacks, or failure of third-party service providers. The affected party shall promptly notify the other party of the force majeure event and use reasonable efforts to resume performance as soon as practicable. If the event continues for more than thirty (30) days, either party may terminate the affected Services engagement without liability.
We value our relationship with you and prefer to resolve disputes amicably. Before initiating any formal legal action, each party agrees to first attempt to resolve the dispute informally by providing written notice describing the nature of the dispute and the relief sought. The parties shall then engage in good-faith discussions for a period of at least thirty (30) days. You may send such notice to cds@theatmoapp.com with the subject line Dispute Notice, or by mail to the address listed in Section 20.
If the parties are unable to resolve a dispute through informal negotiations within thirty (30) days, either party may elect to have the dispute resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Tallahassee, Florida, by a single arbitrator mutually agreed upon by the parties. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorneys' fees; the parties shall share equally the fees and expenses of the arbitrator and the AAA.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property or confidential information.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
These Terms and any dispute arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of laws principles that would result in the application of the laws of another jurisdiction. Subject to the dispute resolution provisions in Section 16, each party irrevocably consents to the exclusive jurisdiction of the state and federal courts located in Leon County, Florida, for any legal action arising out of or relating to these Terms.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be limited or severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. The parties agree to negotiate in good faith to replace any severed provision with a valid provision that comes as close as legally possible to the original intent.
No failure or delay by Atmo Technologies in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any other or further exercise thereof. A waiver of any breach of these Terms shall not be construed as a waiver of any subsequent breach. Any waiver must be in writing and signed by an authorized representative of Atmo Technologies.
We reserve the right to modify or replace these Terms at any time in our sole discretion. When we make material changes, we will:
Material changes will become effective no earlier than thirty (30) days after we post the updated Terms. Non-material changes become effective immediately upon posting. Your continued use of the Website following the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree with the revised Terms, you must discontinue use of the Website and Services.
For questions, concerns, or notices regarding these Terms of Service, please contact us at:
Atmo Technologies LLC
Attn: Legal Department
3557 Chatelaine Dr
Tallahassee, FL 32308-5955
United States
Email: cds@theatmoapp.com
Phone: +1 (272) 402-1175
Website: https://www.theatmoapp.com
We endeavor to acknowledge receipt of all inquiries within two (2) business days and to provide a substantive response within ten (10) business days.