Terms of Service

1. Agreement to Terms

Welcome to Atmos. These Terms of Service ("Terms") are a legally binding agreement between you ("User," "you," or "your") and Advisor Media Group LLC and its affiliate Advisor Media Group (Bangladesh) (collectively, "Atmos," "we," "us," or "our") governing your access to and use of the Atmos AI marketing platform, website at marketingadvisorai.com, and all related applications and services (collectively, the "Services").

By creating an account, clicking "I agree," or otherwise accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Services.

If you are using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms, and "you" refers to both you individually and that entity jointly.

2. Description of Services

Atmos is an AI-powered marketing platform that enables businesses to:

• Generate advertising creatives (images, video scripts, and ad copy) using artificial intelligence
• Manage, create, and optimize advertising campaigns across multiple platforms (Meta, Google, TikTok, Pinterest, Twitter/X, Reddit, and others)
• Publish organic content to social platforms (Instagram, Facebook Pages, Threads, YouTube, Twitter/X)
• Connect and sync with third-party advertising and social platforms via official OAuth 2.0 APIs
• Access analytics dashboards, performance reports, and campaign insights
• Store and manage brand assets (logos, fonts, colors, images, videos)
• Send email campaigns and SMS notifications via Mailchimp and Twilio integrations
• Manage WhatsApp Business messaging via the Meta Cloud API
• Collaborate with team members on advertising projects

API-Only Access: Atmos accesses all third-party platforms exclusively through their official, documented APIs. We do not use web scraping, automated browser interactions, or any unauthorized data collection methods. All integrations are built on official OAuth 2.0 flows with explicit user authorization.

We reserve the right to modify, add, suspend, or discontinue any aspect of the Services at any time, with reasonable notice where practicable.

3. Account Registration and Security

3.1 Account Creation

To use the Services, you must register for an account by providing accurate, current, and complete information, including a valid email address. You agree to keep your account information up to date.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password and change it if you suspect compromise
• Enable multi-factor authentication (MFA) when available and recommended
• Immediately notify us of any unauthorized access or suspected security breach at privacy@marketingadvisorai.com
• Not share your account credentials with individuals outside your authorized team
• Not access or attempt to access other users' accounts

3.3 Account Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts. The Services are intended for commercial use by businesses and marketing professionals. They are not designed for consumer use for personal, family, or household purposes.

4. Third-Party Platform Integrations and Compliance

4.1 Your Authorization

By connecting a third-party platform account to Atmos, you:

• Authorize Atmos to access, retrieve, and act on data from that platform on your behalf via its official API
• Represent that you have the legal right and authorization to connect that account (e.g., you are the account owner or an authorized administrator)
• Acknowledge that your use of each connected platform remains independently governed by that platform's own terms, policies, and guidelines
• Understand that Atmos is not affiliated with, endorsed by, or sponsored by any third-party platform

4.2 Platform-Specific Compliance Requirements

When using Atmos to manage advertising or content on any connected platform, you are solely responsible for ensuring compliance with that platform's policies. Key requirements are listed below:

4.3 Platform Enforcement

Third-party platforms independently enforce their own policies and may suspend, restrict, or terminate your advertising accounts for violations, regardless of whether campaigns were created through Atmos. Atmos is not responsible for any such enforcement actions. You acknowledge that platform policy changes may affect the availability of certain features.

4.4 No Scraping or Unauthorized Access

Atmos uses only official, documented APIs to access all connected platforms. You may not use Atmos in any way that would require or encourage scraping, unauthorized automation, or circumvention of platform rate limits or authentication systems. All data access occurs through OAuth 2.0 tokens explicitly granted by you.

5. Content Policies and Acceptable Use

5.1 Prohibited Content

You may not use Atmos to create, manage, or publish any content that:

• Is deceptive or misleading: False claims, fabricated testimonials, bait-and-switch tactics, hidden fees, or any content designed to mislead users about a product, service, or offer
• Promotes prohibited products or services: Including but not limited to illegal drugs, unauthorized firearms and weapons, counterfeit goods, human trafficking, illegal gambling (where prohibited), unlicensed financial products, tobacco to minors, or sexually explicit material
• Violates intellectual property rights: Content that infringes copyrights, trademarks, or other proprietary rights of any third party
• Is discriminatory or hateful: Content targeting individuals based on race, ethnicity, religion, gender, sexual orientation, disability, national origin, or other protected characteristics in a discriminatory manner
• Constitutes harassment or abuse: Content designed to harass, threaten, intimidate, or harm any individual or group
• Contains malware or harmful code: Links to malicious software, phishing pages, or content designed to compromise user devices or security
• Violates platform advertising policies: Content prohibited by Meta Advertising Policies, Google Ads Policies, TikTok Advertising Policies, or the policies of any other connected platform
• Involves unauthorized data collection: Ads that collect personal data without proper disclosure and consent, or that violate applicable privacy laws (GDPR, CCPA, etc.)

5.2 Prohibited Platform Activities

You agree not to use the Services to:

• Violate any applicable local, national, or international law or regulation
• Circumvent, disable, or interfere with any security or access controls of the platform or connected services
• Reverse engineer, decompile, or extract source code from any Atmos software or AI models
• Attempt to gain unauthorized access to any Atmos system, connected platform, or another user's account
• Use automated scripts, bots, or crawlers to interact with the Atmos platform outside of official API integrations
• Resell, sublicense, or redistribute access to the Services without written authorization
• Impersonate Atmos, our employees, or any other person or entity
• Interfere with the normal operation of the Services or disproportionately load our infrastructure
• Use the Services to benefit a competitor of Atmos or to build a competing product

5.3 Content Responsibility

You are solely responsible for all content you create, upload, publish, or distribute through Atmos, including AI-generated content that you approve and publish. Atmos AI tools generate suggestions based on your inputs — you must review all content before publishing and ensure it complies with applicable laws and platform policies. The fact that content was AI-generated does not diminish your responsibility for it.

6. User Content and Intellectual Property

6.1 Your Content

"User Content" means all materials you upload, create, or manage using the Services, including brand assets, images, videos, ad copy, campaign data, and performance reports. You retain ownership of your User Content.

6.2 License Grant to Atmos

By submitting User Content, you grant Atmos a worldwide, non-exclusive, royalty-free license to use, store, reproduce, process, and display your User Content solely for the purpose of:

• Providing the Services you have requested (campaign management, creative generation, analytics)
• Syncing your content to connected advertising platforms as directed by you
• Generating AI-powered creative variations using your brand assets and preferences as inputs
• Improving our AI models using aggregated, anonymized performance signals (not raw brand assets)

This license terminates when you remove the content from our platform or close your account.

6.3 AI-Generated Content

Content generated by our AI systems using your inputs ("Generated Content") is licensed to you for commercial use, subject to these Terms. You acknowledge that:

• Similar Generated Content may be produced for other users who provide similar inputs
• We do not guarantee the exclusivity of any Generated Content
• You are responsible for reviewing Generated Content for accuracy, appropriateness, and compliance before publishing
• Generated Content is provided without warranties of fitness for a particular purpose or non-infringement

6.4 Atmos Intellectual Property

The Atmos platform, including all software, AI models, algorithms, user interface designs, trademarks, logos, and documentation, is owned by Advisor Media Group LLC and protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or branding without our prior written consent.

6.5 Feedback

If you submit ideas, suggestions, or feedback about the Services ("Feedback"), you grant Atmos a perpetual, irrevocable, royalty-free license to use that Feedback for any purpose, including improving the Services, without obligation or compensation to you.

7. Billing and Payment Terms

7.1 Subscription Plans

Certain features and usage levels require a paid subscription. Available plans, pricing, features, and usage limits are described on our Pricing page at marketingadvisorai.com/pricing. All fees are quoted and charged in US dollars (USD) unless otherwise specified.

7.2 Payment Processing via Stripe

All payments are processed by Stripe, a PCI-DSS Level 1 compliant payment processor. By providing your payment information, you authorize Stripe to store your payment method and charge it on our behalf. Atmos does not store raw credit card numbers or card security codes. When you subscribe, you agree to Stripe's Services Agreement.

7.3 Recurring Billing

By subscribing to a paid plan, you authorize Atmos (via Stripe) to charge your payment method on a recurring basis — monthly or annually, depending on the plan you select — until you cancel. Subscription fees are billed in advance at the start of each billing period.

7.4 Free Trials

Where a free trial is offered, you will not be charged during the trial period. If you do not cancel before the trial ends, you will be automatically charged the applicable subscription fee. We will notify you before the trial expires.

7.5 Plan Changes

You may upgrade or downgrade your subscription plan at any time. Upgrades take effect immediately with prorated billing. Downgrades take effect at the start of the next billing period.

7.6 Cancellation

You may cancel your subscription at any time from your account settings. Upon cancellation, you retain access to paid features until the end of the current billing period. Cancellation stops future charges but does not entitle you to a refund for the current period (see Refund Policy below).

7.7 Refund Policy

Subscription fees are generally non-refundable. However, we may issue refunds or credits at our discretion in the following circumstances:

• Significant service downtime or outages caused solely by Atmos infrastructure failures
• Billing errors or duplicate charges
• First-time subscribers requesting a refund within 7 days of initial payment (evaluated case by case)

To request a refund, contact policy@marketingadvisorai.com with your account details and reason for the request.

7.8 Taxes

Stated fees are exclusive of taxes. You are responsible for all applicable taxes (VAT, GST, sales tax, etc.) based on your location. Where required by law, Atmos or Stripe will collect and remit applicable taxes.

7.9 Failed Payments

If a payment fails, we will notify you by email and attempt to recharge your payment method. If payment remains outstanding after reasonable notice, we reserve the right to suspend or terminate your access to the Services.

8. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The Services will meet your specific business requirements or achieve particular advertising results
• The Services will be uninterrupted, timely, secure, or free of errors at all times
• AI-generated content will be accurate, appropriate, legally compliant, or effective for your use case
• Third-party platform integrations will always be available, as platforms may change their APIs or policies without notice
• Campaign data synced from third-party platforms will always be real-time accurate, given API refresh limitations
• Your advertising campaigns will achieve specific ROAS, conversion rates, or other performance metrics

Atmos is a tool to help you manage and create advertising content — advertising outcomes depend on many factors entirely outside our control (market conditions, platform algorithms, audience behavior, ad spend).

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ATMOS (ADVISOR MEDIA GROUP LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, CUSTOMERS, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES — WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE — SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES YOU PAID TO ATMOS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you. In such cases, liability is limited to the minimum extent permitted by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Atmos (Advisor Media Group LLC and its affiliates, officers, directors, employees, and agents) from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of or access to the Services
• User Content you submit, upload, or publish through Atmos
• Your violation of these Terms or any applicable law or regulation
• Your violation of any third-party platform terms or advertising policies
• Your advertising campaigns, including any claims of false advertising, IP infringement, or privacy violations arising from your campaigns
• Your infringement of any third-party intellectual property, privacy, or other rights

11. Termination

11.1 Termination by You

You may terminate your account at any time by canceling your subscription and requesting account deletion from your account settings or by emailing policy@marketingadvisorai.com. Upon termination, your right to access the Services ceases at the end of your current billing period.

11.2 Termination or Suspension by Us

We may suspend or terminate your access to the Services immediately and without prior notice if:

• You materially breach these Terms or any applicable platform policies
• You engage in fraudulent activity, abuse, or conduct that poses a security risk
• We are required to do so by law or a regulatory authority
• Continued provision of the Services to you would expose Atmos to legal or reputational harm
• Your payment fails and you do not remedy the failure after notice

Where practicable and legally permitted, we will provide reasonable notice before suspension or termination and will explain the reason.

11.3 Effect of Termination

Upon termination or account deletion: (a) your license to use the Services terminates; (b) we will delete your account data per our data retention policy; (c) platform integrations are disconnected and access tokens are revoked. Provisions that by their nature survive termination — including intellectual property rights, indemnification, disclaimers, limitation of liability, and dispute resolution — will remain in effect.

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, United States of America, without regard to its conflict of law principles.

12.2 Informal Resolution First

Before initiating formal dispute proceedings, you agree to contact us at policy@marketingadvisorai.com and give us a reasonable opportunity (at least 30 days) to resolve the issue informally.

12.3 Binding Arbitration

If informal resolution fails, any dispute arising from or relating to these Terms or the Services shall be resolved through binding individual arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules, except that either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm.

12.4 Class Action Waiver

You and Atmos agree to resolve disputes only on an individual basis. You waive any right to bring or participate in a class action, class arbitration, or representative action. This waiver is a material part of these Terms.

12.5 EU / UK Residents

If you are a consumer resident of the EU or UK, you may also have the right to use your local courts or access the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr. Nothing in these Terms limits your statutory consumer rights.

13. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and Atmos regarding the Services and supersede all prior agreements.
• Amendments: We may update these Terms from time to time. For material changes, we will provide at least 7 days' notice by email or prominent in-app notification. Continued use of the Services after the effective date of changes constitutes acceptance of the revised Terms.
• Severability: If any provision of these Terms is found invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right. Waivers must be in writing to be effective.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Atmos may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.
• Force Majeure: Atmos is not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including natural disasters, internet outages, third-party platform failures, or government actions.
• No Third-Party Beneficiaries: These Terms are for the benefit of you and Atmos only, and do not create any rights for third parties.
• Relationship of Parties: These Terms do not create a partnership, joint venture, employment, or agency relationship between you and Atmos.

14. Contact Information

For questions, notices, or legal correspondence regarding these Terms of Service, please contact us: