This agreement was originally drafted in Spanish. In the event of any differences between the original and a translated version, the Spanish-language original will prevail over all others for all purposes of interpretation.
Atom Chat is web software (hereinafter the “Software”, “the Platform”, “Atom” or the “Service”), designed to perform automated tasks. Our bots make it possible to provide fast solutions to our customers, so that they can interact with their audience, optimizing their staff's time so they can focus on prospective customers.
The Service is operated and provided by one of the following legal entities of the Atomchat group, depending on the entity with which the customer enters into the contract or the one indicated on the corresponding invoice:
Atomchat Inc., with registered address at 601 Creekside Bluff Court, Simpsonville, SC 29681, United States of America.
Atomchat S.A, with registered address at Street Mall, 4th Floor, Office 103, Panama City, Panama.
Atomchat S.A.S, with registered address at Carrera 90 48 E No. 14, Medellín, Colombia.
The specific entity acting as contractual counterparty in each particular case will hereinafter be referred to, interchangeably for the purposes of these Terms and Conditions, as the “Operator” or “we”.
The Terms and Conditions (hereinafter, “Terms” or “Agreement”) are a contract with our subscribers, establishing the conditions of use of the Atom Service. Anyone who requests an Atom subscription and makes the corresponding payment must observe all the conditions, restrictions, rights and obligations set out in these Terms and those incorporated into them by reference.
There may be additional legal terms and conditions for some of Atom's subscription types. This may vary according to the applicable legislation or according to the type of service and the duration of the Subscription.
These Terms apply to Atom Subscribers, who are the persons that register to enjoy the Service. Anyone who requests the Service through a Purchase Order or by any other means will be deemed to have read and understood these Terms and to have signaled their acceptance of and agreement with them, undertaking to comply with them in full.
As Operators of the Platform we reserve the right to modify these Terms and Conditions at any time, and we therefore recommend consulting them regularly. Where we make modifications affecting Subscribers' rights or obligations, we will communicate them in a timely manner through the communication channels we have enabled. We likewise reserve the right to modify and update Atom's technical features. In all cases, where a change or update to Atom results in higher costs or in any way worsens the Subscriber's conditions, prior notice will be given and the Subscriber will be offered the opportunity to terminate the Subscription immediately without any penalty.
If there are doubts or disagreements regarding these Terms, you should not take out a Subscription to the Atom Service, as these Terms are mandatory and constitute a binding contract with Atom.
These Terms and Conditions are mandatory, unless the User has another legally binding written contract stating otherwise, signed by the legal representative of the Operator of the Platform.
The possibility of purchasing an Atom Subscription is available only to persons with the legal capacity to contract. It may not be purchased by persons lacking that capacity or by those who have been temporarily suspended or permanently disqualified for having breached these Terms and Conditions.
As a general rule, persons who have reached the age of majority and are in full possession of their mental faculties, and legal entities duly incorporated in accordance with their country of domicile, are understood to have the capacity to contract.
In order to act on behalf of a legal entity, express authority to do so is required. That authority will be presumed in good faith upon Registration on the Platform. However, as Operators of the Platform we reserve the right to request evidence of the legal representative's authority and evidence of the existence of legal entities whenever we consider it necessary. An account or Subscription created without documents having been requested may be subject to subsequent review.
The Subscription is a process by which a Subscriber requests the provision of Atom's services, accepts these Terms and Conditions, pays the Subscription Price and receives access to the Service.
This Subscription is a non-exclusive and revocable license to use Atom, in exchange for a price.
These Solutions may be standard, custom-built, in partnership with third parties, or developed directly by us.
The rates applicable to each Subscription and the details of the Subscription are set out in the Purchase Order that is prepared and sent to the Subscriber.
With regard to price, it is important to mention that in most cases our service is provided in partnership with third parties that operate instant messaging networks, bulk SMS systems, email systems or other similar services that may be useful. The Subscriber must bear in mind that the cost of those third-party services may change without prior notice.
At Atom we do not charge solely for the use of the third-party services mentioned above. Instead, our price is based on the development work required to achieve platform integration and to deliver a customized solution for the end customer. This may include the design, configuration, customization and implementation of the solution, as well as ongoing support and its improvement. Our aim is to provide our customers with a comprehensive solution tailored to their individual needs, and our price reflects the work and resources invested in achieving that integration and customization.
For that reason, and because we value transparency in our Services, including in pricing, in order to ensure that our customers have accurate and up-to-date information, we remind you that the subscriber may consult the associated service providers directly regarding the rates they apply to their services.
The prices indicated in the Purchase Order will be maintained for the period stated in that Purchase Order.
Any excess consumption beyond the details of the Subscription, or the purchase of additional Services, carries an extra or additional charge, which is communicated to the Subscriber in the purchase order and alters the total value of the Subscription.
Likewise, any change to the prices of the allied third parties that are necessary for performing the Service alters the total value of the subscription.
As a Subscriber you must make the corresponding payment in order to activate the Subscription; without payment you will not be able to access the Service.
Mere delay in paying for the Subscription is considered a breach of the Subscriber's obligations and results in the Subscription being frozen. This means that as a Subscriber you will not be able to use the service, access your account or download the information you have stored on the Platform. Access will only be restored once the amounts owed have been paid.
If default occurs in the payment of the subscription, as Operators we have the right to permanently delete your account as a Subscriber, together with all the information you had stored on the Platform; we will likewise initiate the following actions:
5.3.1. We will send alert messages regarding the blocking of the subscription for non-payment, as well as persuasive collection messages, that is, messages inviting the debtor to settle their obligations voluntarily or to enter into a payment agreement prior to the commencement of enforcement proceedings.
5.3.2. We may cut back the platform's features, up to and including preventing its use entirely: We may cut back the platform's features, up to and including preventing its use entirely: Those cutbacks or limitations of the platform's features will be applied according to the number of days by which the defaulting subscriber's invoice is overdue, as well as the type of plan purchased, as set out in the table below:
| Type of subscription plan. | Features to be limited. | |||
|---|---|---|---|---|
| Agent suspension. | Outbound messages. | Inbound messages. | Administrator suspension. | |
| Starter and Team | 15 days overdue. | 20 days overdue. | 25 days overdue. | 30 days overdue |
| Professional | 20 days overdue. | 25 days overdue. | 30 days overdue. | 40 days overdue. |
| Enterprise | 25 days overdue. | 30 days overdue. | 35 days overdue. | 45 days overdue. |
5.3.3. Deletion of the information stored in the account in question if the situation persists. While you are up to date with payments, you have access to your data and can download the information stored.
5.3.4.Likewise, the corresponding pre-legal and legal collection actions will be initiated, as well as any other legal action available in order to obtain effective payment of the obligation. These actions may be carried out directly or through third parties.
Whenever payments involve external or third-party platforms, the Subscriber must know, understand and accept the terms and conditions of those platforms, and likewise, in using electronic payment systems, understands and accepts that certain payment methods include surcharges; it is one of the Subscriber's obligations to verify whether the bank transfer or payment method generates an additional cost for banking intermediation or on any other basis.
By accepting these Terms and paying by electronic means, each Subscriber understands and accepts that internet purchases may occasionally present security failures and that, even though as Operators we make available a secure connection system for carrying out all transactions, we will in no case be liable for failures in the communications of banking or credit institutions or internet connection services, nor for damage caused as a result of an act or omission of those institutions or of third parties who, through illegal maneuvers, cause damage to the payment operation, it being understood that third parties are involved and the operation does not depend on us as Operators of Atom.
The Subscriber understands and accepts that failure to pay the amounts owed under this agreement constitutes a material breach of their contractual obligations. In the event of default in payment, the Operator will have the legitimate right to restrict or suspend the Subscriber's access to the contracted services, without further prior notice where the established payment deadline has already elapsed.
Such restriction or suspension will not be considered a breach by the Operator or a service failure, but rather the justified exercise of its contractual rights arising from the Subscriber's failure to pay. This measure is based on the principle of the binding force of contracts, which means that contracts lawfully entered into are binding on the parties (pacta sunt servanda) and must be performed in good faith.
The Subscriber's breach of the payment obligation entitles the Operator to apply the corresponding contractual remedies, including suspension of the services, without this giving rise to any liability for the Operator. The exercise of this power of restriction or suspension is a proportionate and reasonable measure in the face of the Subscriber's breach, in accordance with the terms of this agreement and the applicable law governing this contract. The parties acknowledge that the conditions established herein are mandatory.
Atom issues the first invoice for the service at the time the Onboarding process begins, so that it may be paid by the subscriber and the subscription can thereby commence. This invoice must be paid by the customer no later than fifteen (15) calendar days following its issue; otherwise, both the onboarding process and the subscription will be suspended.
Once the first invoice has been issued, we offer Subscription Plans with billing periods that may be monthly, semi-annual or annual, as chosen by the subscriber. Once the invoice for each period has been issued, it must be paid immediately, unless something different was agreed in writing in the quotation or service offer.
For payment of the platform usage license, the subscriber must enter a credit card so that we can charge the monthly payments for the entire term of the subscription; these charges are made automatically each month. This means that the credit card must remain registered within the platform and its details are retained in order to make the automatic monthly debits for the value of the subscription (payment tokenization); authorization for this is given by the subscriber when they voluntarily register the credit card in our payment system. Registration of a credit card is a mandatory condition for activation of the platform.
As a Subscriber you must keep the information relating to payment methods and billing details up to date, since for the duration of the subscription we will take that information to be accurate and it will be used to generate electronic invoices and process charges. You may update this information at any time; however, charges made and invoices issued before the information was updated will not be canceled. We will issue invoices in accordance with the tax rules applicable to us as Operators of a digital platform.
These invoices will contain a breakdown of any applicable withholdings and taxes. In no case do we assume the taxes payable by you as a Subscriber (user of our services). Taxes and withholdings may vary according to the applicable legislation.
If you apply withholdings, you must state the legal basis for doing so and send the corresponding withholding certificate within the periods established by the applicable law; otherwise, that amount will be considered due and your Subscription will be frozen.
Invoicing may be carried out by AtomChat INC or by any of its subsidiaries, branches, affiliates or associated companies, depending on the Subscriber's origin and on the Operator's decision. In all cases, the invoice will be issued in accordance with the applicable legislation to which AtomChat INC or any of its subsidiaries, branches, affiliates or associated companies is subject.
6.2.Declaration of the origin of income:
All persons intending to carry out transactions and payments for the Subscription warrant:
6.2.1.That their income, and in particular the funds they will use to pay for the Subscription, comes from lawful activities.
6.2.2.That they do not appear on binding lists such as OFAC, the United Nations, the European Union, the HM Treasury List, the Global Enforcement List (GEL) or any national or international anti-money-laundering list.
6.2.3.That they are not involved in, nor subject to, investigations or judicial or police reports for offenses such as money laundering, drug trafficking, human trafficking, procuring, child pornography, embezzlement, extortion by a public official, kidnapping, extortion, membership of and/or dealings with illegal armed organizations or criminal organizations of any kind, arms trafficking, terrorism, crimes against humanity, or offenses against sexual freedom, integrity and development.
6.2.4.That they have not provided any third party with banking information capable of being used to make purchases or incur obligations in their name.
In the event that any Subscriber becomes involved in such situations, the Subscription will be terminated without this giving rise to any liability for us as Operators.
| STARTER | TEAM | PROFESSIONAL | ENTERPRISE | |
|---|---|---|---|---|
| Onboarding hours | 2 | 3 | 4 | 5 |
| FB Verification Assitance | — | Yes | Yes | Yes |
| Customer Success | — | Depending on use case | Yes | Yes |
| Training | Videos + 1 hour of consultation | 3 hrs | 5 hrs | 7 hrs |
| Access to the support portal | Yes | Yes | Yes | Yes |
Subscription terms may vary according to your request and you will find the details in the purchase order. As a general rule, subscriptions will renew automatically for the initial term.
A Subscriber who has entered into a contract for a fixed period must give notice of their intention not to renew it by written notice addressed to the Operator, at least ten (10) business days before the end date of the contracted period. If such prior notice is not received within the established period, the contract will renew automatically for a period equal to the one initially agreed, and the Subscriber will not be entitled to request any refund of payments made.
For subscriptions set up with automatic monthly renewal, a Subscriber wishing to cancel must give written notice to the Operator. That notice must be received at least ten (10) business days before the end date of the current monthly subscription period, understood as before the date on which the subscription would automatically renew for another month.
If the cancellation notice is not received with the minimum notice indicated, the subscription will renew automatically for an additional monthly period. In that case, the charge corresponding to that new monthly period will be payable and will not be subject to refund.
In the event that the Subscriber wishes to terminate the contract before the end of the contracted period, the provisions established in Section Nine of this agreement will apply, which set out the conditions and penalties associated with early termination.
Refunds apply only where we fail to provide the service requested, that is, where we provide a subscription with characteristics different from those indicated in the purchase order. To request a refund you must do so within 5 business days following activation of the subscription. A subscription is activated upon payment.
In cases where there is no discrepancy or failure in the contracted service, the provisions of section nine (9) of these terms and conditions regarding early termination will apply.
In the event that the Subscriber unilaterally decides to terminate this agreement before the end of the agreed period, without there being any breach by the Operator justifying such termination, that action will constitute a material breach of the agreement by the Subscriber.
The parties acknowledge that Early Termination causes the Operator loss and damage, including but not limited to loss of expected revenue, unrecoverable costs and the reallocation of committed resources. Calculating such damages precisely may be impracticable or extremely difficult. The parties therefore agree in advance that, in the event of Early Termination by the Subscriber, the Subscriber will pay the Operator compensation for the damages suffered, calculated as follows:
The number of full months remaining from the effective date of termination to the end date originally agreed in the contract will be identified.
That number of months will be multiplied by the value of the regular monthly installment agreed. The result is the total outstanding value of the contract.
The compensation payable by the Subscriber will be a lump sum equivalent to fifty percent (50%) of that total outstanding value calculated in the preceding paragraph.
This sum is considered an approximate and reasonable estimate of the damages, loss of expected revenue and suspension costs suffered by the Operator as a result of early termination. Payment of this compensation does not release the Subscriber from other obligations outstanding as at the effective termination date.
The Subscriber acknowledges and accepts that any payment made in advance for the services corresponds to a commitment for the full contracted period, in exchange for which the Operator may have offered specific conditions or allocated resources.
In the event that the Subscriber carries out an Early Termination as described in clause 9.1, the amounts paid in advance corresponding to the period after the effective termination date will not be refundable.
The Operator's retention of these amounts is considered part of the compensation for the commitments undertaken and the costs associated with the expectation of providing the service throughout the entire contracted period. Any sum retained under this clause will be taken into account when calculating the final amount owed by the Subscriber under clause 9.1, and may offset that obligation in whole or in part, with no refund whatsoever.
As Operators, it is our commitment to use all means at our disposal to ensure that the Platform is available for as long as possible and that it has all the technical characteristics specified in the Subscription purchased. However, no delay, failure, breach or act attributable exclusively to a third party arising from force majeure or a fortuitous event will constitute a breach of these Terms by the Operator.
In order to guarantee the security of the Platform, the following capabilities continue to mature:
Ongoing monitoring program: constant security monitoring, and new security breaches are tested against our infrastructure in order to guarantee the service. Our LOGS services allow review of different points in order to guarantee the service.
Vulnerability and security: active communication is maintained with Google Cloud to cover any breach that may affect the infrastructure
We use Google products as the main component of our infrastructure. At the database level, we use Firebase. Firebase is certified to the highest security and privacy standards and has completed ISO 27001, SOC1, SOC2 and SOC3.
Within the Firebase suite of products, we mainly use Cloud Firestore, which has completed ISO 27001, SOC1, SOC2 and SOC3.
As regards technical support, you can review our SLA here.
As a Subscriber, you understand that the personal data uploaded to Atom will be subject to Processing in accordance with Atom's Processing Policy. You likewise understand that the purposes for which personal data is requested are: performance of the contractual relationship, handling of requests, adoption of measures aimed at preventing unlawful activities, and invoicing. As a Subscriber you have been informed of your rights to know, update, rectify and erase your data, as well as of the possibility of accessing at any time the data you have supplied.
As regards the personal data of third parties, as a Subscriber you must guarantee that the collection of personal data is always carried out under the free, prior, express and duly informed authorization of the data subjects, and that all legal obligations on the matter are complied with.
As Operators we have no responsibility or obligation for the accuracy of the data uploaded to the Platform by you as a Subscriber, including but not limited to your own data and any data of your customers, except as expressly provided by law.
It is important to mention that by accepting these Terms and Conditions you grant us authorization to carry out a data anonymization process and to download and use certain information of interest to us. We will thereby take information from the databases you have created, omitting all sensitive information or information that could effectively identify a person, such as name, identification number, address and telephone numbers, and retaining information that is not capable of identifying a natural person. You may request that this process not be carried out.
In the event that the contracted service includes third-party applications, as a Subscriber you must accept the terms associated with that third party. Where the service involves messaging through the WhatsApp channel, as a Subscriber you must understand and accept the terms associated with that channel, namely:
You must comply with the “WhatsApp Business Solution” terms available on its website https://www.whatsapp.com/legal/business-solution-terms/.
12.1 You must obtain Certification and Hosting of numbers certified by WhatsApp as an “Official Business Account”. These will be subject to WhatsApp's sole approval.
12.2. Mobile telephone numbers associated with a Service and declared an “Official Business Account” for use of the WhatsApp channel may be transferred to another provider if the Subscriber so decides, following the migration process established by WhatsApp.
12.3. User initiated Messages: “User initiated Messages” means all conversations initiated by the user. Within each conversation, unlimited messages may be sent during the twenty-four (24) hour period from the business's first reply. Each 24-hour period after the business's first message until the Subscriber's next message will count as a new message and will therefore incur an additional cost.
12.4. Business initiated Messages: “Business initiated Messages” means conversations initiated by the business. Each template must comply with WhatsApp regulations, which are set out on the following site: https://developers.facebook.com/docs/whatsapp/message-templates/guidelines
12.5. Messaging Costs established by WhatsApp – each conversation will have a cost stipulated by WhatsApp, which as Operators we will pass on to your account as a Subscriber. These are FOB costs which you must transfer in full to in order to then transfer them to WhatsApp. Prices are published on the page: https://developers.facebook.com/docs/whatsapp/pricing
By accepting these Terms, as a Subscriber you authorize us to publish your trademarks, trade names or business signs on our website, as well as in any advertising material we produce, solely to state that you are our customer or that you have purchased an Atom Subscription. As soon as the relationship ends, we will remove your signs from our platforms.
14.1. It is one of their obligations to keep information about their identification and payment methods up to date, sufficient and clear.
14.2. They must answer to third parties and to the authorities for any breach of their obligations and for any harm caused by breach of these Terms and Conditions.
(a) use the Platform to resell the Platform's services or to share access time or allow third parties to exploit the Platform; (b) provide system passwords or other login information to any third party; (c) share non-public features or content of the Platform with third parties; (d) access the Platform in order to build a product or service that competes with the Platform, to build a product using similar ideas, features, functions or graphics of the Platform, or to copy any ideas, features, functions or graphics of the Platform; or (e) carry out web crawling or data scraping on or in relation to the Platform, including but not limited to the collection of information through any software that simulates human activity or any robot or web crawler.
In the event that any breach of these conditions is suspected, we may suspend access to the Subscription without prior notice, in addition to any other legal remedies we may have.
Subscribers must take reasonable measures to prevent unauthorized access to the Platform, including but not limited to protecting passwords and other login information. In the event of any incident, any known or suspected unauthorized use of the Platform or any breach of its security must be reported immediately through Technical Support, and the subscriber must do everything possible to stop that breach.
As a Subscriber you are responsible for the use of the Platform by Users, which includes, among other things, unauthorized User conduct and any User conduct that violates these terms. Users are the persons who use or have access to the Platform on behalf of the Subscriber or through the Subscriber's account or passwords, whether authorized or not.
As Operators we may assign and transfer these terms and conditions and may delegate any of our obligations at our sole discretion in the event that we assign ownership of Atom. Notwithstanding the foregoing, authorized successors and assignees must continue to comply with their obligations described in these terms and conditions. As a Subscriber you may not assign your subscription unless you have our authorization or the assignment occurs as a result of a merger. In that event we may cancel the subscription in the following billing period.
Third parties may publish information about Atom on other digital platforms without our authorization and without our review of the content; we therefore wish to advise that:
16.1. The inaccurate statement or dissemination of information about the services and content published on Atom is prohibited, as is any kind of misleading advertising. No third party is permitted to publish trademarks, trade names, logos, slogans or other distinctive signs relating to Atom without our express authorization.
16.2. We are not liable for service offers that are not communicated and purchased directly through our digital platforms, unless they are published by a third party but confirmed on Atom's website.
16.3. The creation of deep links, IMG or image links, or frames of this website without our prior and express authorization is prohibited.
16.4. Where this website contains hyperlinks to websites or applications managed by third parties, this must in no case be understood as implying a relationship of collaboration or partnership with Atom, unless expressly stated otherwise. We will in no case be liable for the services, information, security or lawfulness of sites managed by third parties.
16.5. Likewise, we may include third-party advertising or offers on Atom. UNDER NO CIRCUMSTANCES will liability or joint liability with third parties be understood to exist by the mere fact of hosting third-party advertising on Atom, unless expressly and clearly stated otherwise.
If any of the clauses or conditions of these Terms and Conditions is declared null or invalid, but this does not affect the validity or effectiveness of the remainder, the Terms will continue to be valid and to take effect between the PARTIES.
18.1. Acceptance of these terms and conditions and the registration of a Subscriber does not imply any transfer of technology of any kind.
18.2. We may provide advertising material, decals, stickers and POP material for brand activation processes. However, they may not be used for purposes other than inviting the community to use this Platform. Any harm caused by the indiscriminate use of such material must be remedied.
18.3. We reserve the right to interrupt, suspend or modify the Platform's services at any time, whether permanently or temporarily, without the prior agreement of Subscribers being required.
18.4. Access to and/or use of the Platform at all times is not guaranteed, and in any case cannot be guaranteed, so all Subscribers accept and acknowledge that Atom may not always be available due to technical difficulties and/or failures of the Internet or of third-party platforms. This will not give rise to liability for us as Operators, even where Subscribers are unable to make use of their Subscription for short or extended periods of time and lose the opportunity to carry out business. In the event that Platform downtime exceeds 24 business hours, we will propose a discount solution on payment.
18.5. Although this platform has high security standards, it is not immune to attacks by third parties. Use of this platform is at the Subscribers' sole risk and responsibility. We as Operators will not be liable for any kind of damage that may result from that use, nor will we be liable for any damage the Subscriber's computer equipment may suffer from any virus that may infect it as a consequence of using this platform. In any event, and only where the law so requires, we limit our liability to the value of the last 2 monthly payments made. This will also apply in the event of any failure in Atom's system or in any form of provision of the Service, whether foreseeable or not, and arising from any cause obliging the operator to compensate for losses. In all cases it will be necessary for the Operator to be required by legal provision to make reparation; otherwise the losses caused will not be compensated.
18.6. The use of Atom to disseminate and promote comments or elements of any kind that are violent, discriminatory, pornographic, illegal, obscene, abusive, defamatory, insulting or contrary to morality or public decency is expressly prohibited.
Any question, complaint or suggestion may be sent through the contact-us link within the platform. Communications will be answered within the legal time limit.
Unless otherwise agreed, disputes will be submitted for review between the Subscriber and Atom (the Parties) in order to seek a direct settlement, within a period of no more than 15 calendar days from the date on which either Party notifies the other in writing of the existence of a disagreement and explains it.
If no agreement is reached between the Subscriber and Atom to resolve the disagreement within the following 30 calendar days, they must submit to an Arbitration Tribunal located at AtomChat INC's domicile, composed of one arbitrator appointed by the arbitration center and in accordance with that center's International Commercial Arbitration Rules; the tribunal will be subject to the international commercial arbitration procedural rules of the United Nations Commission on International Trade Law (UNCITRAL) and will decide at law.
Last updated: May 2025
Effective date 21 May 2025