Terms & Conditions
Last Updated: 31/01/2025
Welcome to atom11! These Terms of Service ("Terms") govern your use of our website, services, and products (collectively, the "services"). By accessing or using our services, you agree to be bound by these Terms. If you do not agree with any of these terms, you are prohibited from using or accessing this site and atom11 services.
1. Definitions
1.1 "atom11" refers to the company (Elevenatom Solutions Private Limited), its website, and its services.
1.2 "User" or "You" refers to any individual or entity accessing or using the services rendered by atom11.
1.3 "Services" refers to all products, features, tools, and functionalities provided by atom11.
1.4 "Content" refers to any text, images, data, or other materials uploaded, posted, or transmitted through the services.
1.5 "Intellectual Property (IP)" refers to patents, trademarks, copyrights, trade secrets, and other proprietary rights.
1.6 “Fees” refers to usage of software fees, managed services fee, DSP services fee or any other fee specified in your contract/ agreed terms.
1.7 “Media Costs” refers to all costs paid by us on your behalf in order to perform the services expected of us.
2. Services
2.1 Description of Services
Atom11 provides ad automation, analytics and reporting capabilities for Amazon sellers, vendors and agencies.
2.2 Access to Services
You must create an account to access certain features of the services. You are responsible for maintaining the confidentiality of your account credentials.
2.3 Modifications to Services
Atom11 reserves the right to modify, suspend, or discontinue any part of the services at any time without notice.
3. Fees and Payment
3.1 Fees
You agree to pay us the fees set out for our services and deliverables. As a part of our contract, we will invoice you for the fees on a monthly basis. You agree to pay all fees associated with your use of the software as outlined on our pricing page or in a separate agreement. Fees are subject to change with prior notice
3.2 Payment Terms
3.2.1 Payments are due upon receipt of invoice unless otherwise agreed. Late payments may incur interest at the rate of $20 or 0.5% of contract amount, whichever is higher.
3.2.2 Atom11 may offer various billing methods for payments which include but are not limited to – one time subscription, monthly recurring subscription, 6 monthly subscription and annual subscription. Annual subscription are subject to 10% discount on over all bill payment.
3.2.3 Atom11 will bill you on the date you subscribe to the services. The company will continue to bill you until you cancel the service with a 3 months’ notice period (Details in Section 3.4 Cancellation). All fees are billed on 1st of every month.
3.3 Payment Methods
3.3.1 You agree to provide one or more payment terms to use atom11 service. In addition, company legal name, company phone number and company address are required to set up your invoicing through atom11 payment service.
3.3.2 You remain responsible for any uncollected amounts. If a payment is not successfully settled due to expiration or insufficient funds and you do not cancel your account, then we may suspend your access to the service until we have successfully charged a valid Payment Method.
3.3.3 For some Payment Methods, we may charge you certain fees related to the processing of your Payment Method.
3.4 Cancellation
3.4.1 You can cancel your membership at any time with a 1 month notice period if you are on monthly subscription, 2 months notice period if you are on a semi-annual subscription and 3 month notice period if you are on an annual subscription.
3.4.2 We do not provide refunds or credits for any partial membership periods.
3.4.3 To cancel, please write to us at ask@atom11.co. If you cancel your membership, your account will automatically close at the end of your current billing period.
3.5 Refunds
3.5.1 All payments are nonrefundable and there are no refunds or credits for partially used periods.
3.6 Taxes
3.6.1 You are responsible for all taxes, duties, and customs fees associated with your use of the services.
4. Terms
4.1 These Terms remain in effect for as long as you use the services or until terminated by either party.
4.2 Termination by atom11
We may terminate or suspend your access to the services for any reason, including but not limited to:
- Breach of these Terms;
- Non-payment of fees;
- Violation of applicable laws.
4.3 Effect of Termination
Upon termination, your right to use the services will immediately cease. You will not be entitled to any refunds for unused services.
5. Intellectual Property
5.1 Ownership
5.1.1 All Intellectual Property rights in the services, including but not limited to software, designs, and Content, are owned by atom11 or its licensors.
5.1.2 You are granted non-exclusive, non-transferable, non-assignable world wide access to use atom11 services to operate atom11 during the term of your contract
5.1.3 You approve that we (including our Affiliates) may freely utilize any data (including Customer Materials) that we acquire, learn, or obtain in connection with the performance of a contract to enhance the quality of our respective services and deliverables.
Your license to use atom11 will automatically terminate if you breach any of these restrictions. Upon the termination of this license or your access to these materials, you must immediately destroy any downloaded materials about atom11 in your possession, whether in electronic or printed format.
5.2 User Content
5.2.1 You retain ownership of any Content you upload or submit through the services. By submitting Content, you grant atom11 a non-exclusive, worldwide, royalty-free license to use, reproduce, and display the Content for the purpose of providing the services.
5.3 Prohibited Use
5.3.1 You may not reverse-engineer, copy, modify, distribute, or create derivative works of the services, know-how or algorithms of any component of atom11 software in part or in entirety for any reason except as permitted by applicable law including without limitation to build a competitive product or service.
5.3.2 You may not interfere with or disrupt the integrity or performance of the services
5.3.3 You may not make atom11’s services available to be used by any one else other than you or your company, without prior consent by atom11
5.3.4 You agree not to upload any content from atom11 to any external website or service without written approval by atom11.
5.3.5 You agree not to:
- Use the services for any illegal or unauthorized purpose;
- Violate any laws, regulations, or third-party rights;
- Interfere with the operation of the services or any other user's enjoyment of the services;
- Use the services to transmit spam, malware, or other harmful content.
6. Website Property
6.1 Ownership
The atom11 website, including its design, layout, and functionality, is the property of atom11 and is protected by intellectual property laws.
6.2 Use of Website
You may use the website for lawful purposes only. You may not:
- Use automated tools to scrape or extract data;
- Attempt to gain unauthorized access to the website or its systems;
- Use the website or atom11 webapp in a way that could damage, disable, or impair its functionality.
7. Liability
7.1 Disclaimer of Warranties
The services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
7.2 Limitation of Liability
To the fullest extent permitted by law, atom11 shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.
7.3 Indemnification
You agree to indemnify and hold harmless atom11, its affiliates, and their respective officers, directors, and employees from any claims, damages, or losses arising out of your use of the services or breach of these Terms.
8. Confidentiality and Data Protection
8.1 Confidentiality
You agree to keep confidential any non-public information disclosed by atom11 in connection with the services.
8.2 Data Protection
Atom11 is committed to protecting your privacy. Our Privacy Policy, available here. It explains how we collect, use, and protect your personal data.
8.3 Data Security
We implement reasonable security measures to protect your data. However, no system is completely secure, and we cannot guarantee absolute security.
10. Governing Law and Dispute Resolution
10.1 Governing Law
These terms are governed by the laws of India and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
10.2 Dispute Resolution
Any disputes arising out of these Terms shall be resolved through binding arbitration in accordance with the rules of governing location.
11. Miscellaneous
11.1 Entire Agreement
These Terms constitute the entire agreement between you and atom11 and supersede any prior agreements.
11.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.
11.3 Waiver
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
11.4 Contact Information
If you have any questions about these Terms, please contact us at ask@atom11.co.