Terms and Conditions - Atma Somatics website

Terms and Conditions

Effective Date: August 26, 2026

Service: Atma Somatics website

Operator: Atma Somatics

Introduction

These Terms and Conditions govern your use of Atma Somatics website, operated by Atma Somatics.

If the service presents these Terms through an affirmative acceptance flow, accepting them forms the agreement described below. Merely accessing or continuing to use the service is not represented as acceptance where applicable law requires an affirmative agreement. If you do not agree, do not complete the acceptance flow or use features conditioned on acceptance.

Last updated: August 26, 2026

Acceptance of Terms

These Terms and Conditions become binding when you affirmatively accept them through the service's sign-up, checkout, or other acceptance flow. If no affirmative acceptance flow is implemented, this draft does not establish that a binding agreement was formed.

Merely accessing or continuing to use the service is not represented here as consent where applicable law requires an affirmative agreement. If you do not agree to these Terms, do not complete the acceptance flow or use features conditioned on acceptance.

Definitions

In these Terms and Conditions the following words have the following meanings.

  • "these Terms" means these Terms and Conditions, together with any document we expressly incorporate into them by reference

  • "the services" means Atma Somatics website, together with the features, content and support we make available through them

  • "you" means the person who uses the services and, where that person uses the services on behalf of an organization, that organization as well

  • "we", "us" and "our" mean Atma Somatics

  • "Content" means information, text, graphics, images, video, audio, software or other material that is posted, uploaded, linked to, stored, shared or otherwise made available through the services, whether by you, by us or by anyone else

  • "Dispute" means any dispute, claim or disagreement between you and us arising out of or relating to these Terms or the services, whatever its legal basis

Words in the singular include the plural and the other way round. Where a section of these Terms gives a term a more specific meaning, that meaning applies in that section.

Age Requirement

You must have the legal capacity required by the law that applies to you to enter into these Terms. If you do not have that capacity, a parent or legal guardian must agree to these Terms on your behalf where applicable law allows it.

This contractual requirement is separate from consent to process personal data. Article 8 of the GDPR applies only where processing related to an information society service offered directly to a child relies on consent: the default age is 16, and an EU Member State may set a lower age that is not below 13. Article 8 does not set a general minimum age for using a service and does not replace national contract law.

Where consent to process a child's personal data is required, the holder of parental responsibility must give or authorize it below the applicable digital-consent age, and the operator must make reasonable efforts to verify that authorization.

Use of Service

You may use Atma Somatics website only for lawful purposes and in accordance with these Terms. You agree not to use our services:

  • In any way that violates any applicable national or international law or regulation

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way

  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent

  • To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity

  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the services

Intellectual Property Rights

The services and their original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Atma Somatics.

Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. All other trademarks not owned by us that appear on the services are the property of their respective owners.

You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the content in whole or in part except as expressly authorized by us.

Right of Withdrawal (EU/EEA/UK Consumers)

If you are a consumer in the EU/EEA/UK, you have the right to withdraw from paid digital services within 14 days from the date of contract, without giving any reason.

Withdrawal Period: The 14-day withdrawal period begins on the day the contract is concluded (i.e., when you make a purchase or subscribe).

Immediate Supply & Loss of Right: If you request that we begin supplying digital content or services during the withdrawal period, you expressly consent to immediate supply and acknowledge that:

  • You will lose your right of withdrawal once we have fully performed the service or supplied the digital content

  • If you withdraw after supply has begun, you must pay a pro-rata amount for the services received up to the moment you communicated your withdrawal

How to Exercise Withdrawal: To exercise your right of withdrawal, you must inform us of your decision by sending a clear statement to:

You may use the model withdrawal form provided below, but it is not obligatory.

Model Withdrawal Form:

To: Atma Somatics
Email: [email protected]

I/We hereby give notice that I/We withdraw from my/our contract for the following service:
[Service name]

Ordered on: [Date]
Name of consumer(s): [Your name]
Address of consumer(s): [Your address]
Email: [Your email]

Date: [Date]
Signature (only if this form is notified on paper): [Signature]

Effects of Withdrawal: If you withdraw from this contract, we will reimburse all payments received from you, without undue delay and in any event no later than 14 days from the day on which we received notice of your decision to withdraw.

We will refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of the refund.

Exceptions: The right of withdrawal does not apply to:

  • Digital content if supply has begun with your prior express consent and acknowledgment that you lose your right of withdrawal

  • Contracts for services after the service has been fully performed

  • Goods or services the price of which depends on fluctuations in the financial market

Third-Party Services and Links

Our services may contain links to third-party websites, applications, or services that are not owned or controlled by us. We may also integrate or embed third-party content, services, or functionality (such as payment processors, analytics, maps, social media widgets, or advertising networks).

No Control or Endorsement: We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites, services, or resources. We do not endorse or make any representations about third-party websites or services.

Third-Party Terms: Your use of third-party services is governed by their respective terms of service and privacy policies. You should review the terms and policies of any third-party service before using it.

Affiliate Relationships: We may participate in affiliate programs and may earn commissions or referral fees from purchases or sign-ups through affiliate links. These relationships do not affect our editorial independence or your purchase price.

Embedded Services: Third-party embeds (such as YouTube videos, Google Maps, payment processors, or social media content) may collect data about you according to their own privacy policies. We are not responsible for data collection by embedded third-party services.

External Links: When you click on links to external websites, you will leave our services and be subject to the terms and policies of those external websites. We are not responsible for the content or practices of external websites.

Your Responsibility: You acknowledge and agree that we 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 your use of or reliance on any third-party content, goods, or services available through such third-party websites or services.

Removal of Links: We reserve the right to remove any third-party links or integrations at any time without notice.

Prohibited Uses

In addition to other terms as set forth in these Terms and Conditions, you are prohibited from using our services:

  • For any unlawful purpose or to solicit others to perform or participate in any unlawful acts

  • To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances

  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others

  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability

  • To submit false or misleading information

  • To upload or transmit viruses or any other type of malicious code

  • To collect or track the personal information of others

  • To spam, phish, pharm, pretext, spider, crawl, or scrape

  • For any obscene or immoral purpose

  • To interfere with or circumvent the security features of our services or any related website, other websites, or the Internet

We reserve the right to terminate your use of the services for violating any of the prohibited uses.

Termination

We may terminate or suspend your account and access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.

Upon termination, your right to use the services will immediately cease. If you wish to terminate your account, you may simply discontinue using the services.

All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

The services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied.

Atma Somatics disclaims all warranties, including but not limited to:

  • Implied warranties of merchantability

  • Fitness for a particular purpose

  • Non-infringement

  • Quiet enjoyment

  • Accuracy of data

We do not warrant that the services will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from using the services will be accurate or reliable.

Consumer Rights: Nothing in these Terms affects your statutory rights as a consumer. Where required by mandatory consumer protection law, the above disclaimers do not apply, and you retain all rights provided by such laws.

Limitation of Liability

To the fullest extent permitted by law, our aggregate liability arising out of or related to the services is capped at the greater of 100 USD or the fees you paid to us in the 12 months preceding the claim.

In no event shall Atma Somatics, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation:

  • Loss of profits, data, use, goodwill, or other intangible losses

  • Unauthorized access, use or alteration of your transmissions or content

  • Statements or conduct of any third party on the services

  • Any other matter relating to the services

Whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Mandatory Exceptions (EU/EEA/UK): Nothing in these Terms excludes or limits our liability for:

  • Death or personal injury caused by our negligence

  • Fraud or fraudulent misrepresentation

  • Gross negligence or willful misconduct

  • Any liability that cannot be excluded or limited by applicable law

Consumer Rights: If you are a consumer in the EU/EEA/UK, your statutory consumer rights remain unaffected by these limitation of liability terms. National consumer protection laws may provide you with additional rights that cannot be waived by contract.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations above may not apply to you.

Indemnification

You agree to defend, indemnify and hold harmless Atma Somatics and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

  • Your use and access of the services

  • Your violation of any term of these Terms and Conditions

  • Your violation of any third party right, including without limitation any copyright, property, or privacy right

  • Any claim that your Content caused damage to a third party

This defense and indemnification obligation will survive these Terms and Conditions and your use of the services.

Force Majeure

Atma Somatics shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to:

  • Acts of God, natural disasters, epidemics, or pandemics

  • War, terrorism, riots, or civil unrest

  • Government actions, laws, or regulations

  • Labor disputes or strikes

  • Utility failures or telecommunications outages

  • Internet service provider failures or delays

  • Cyber attacks or data breaches affecting third-party services

  • Any other event beyond our reasonable control

In such events, our obligations under these Terms will be suspended for the duration of the force majeure event. We will use reasonable efforts to minimize the impact and resume normal operations as soon as possible.

Governing Law

These Terms and Conditions shall be governed and construed in accordance with the laws of the state of CA, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect.

Dispute Resolution

If you have any concern or dispute about our services, you agree to first try to resolve the dispute informally by contacting us.

Informal Resolution First: Before starting an arbitration or a court proceeding, you and we agree to try to resolve the dispute informally for at least 60 days after one of us gives the other written notice of it. The notice must describe the dispute and the relief sought. This period does not shorten any limitation period that applies to the claim.

Binding Arbitration: Any dispute arising out of or relating to these Terms and Conditions or the services that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, except where prohibited by law. The location will be determined under the AAA Consumer Arbitration Rules, which generally provide for a hearing in the area where you live, or remotely by telephone, video conference, or on documents alone. Arbitration fees are allocated under those rules, and where they require us to bear the greater part of the filing, administrative and arbitrator fees for a consumer claim, we will bear it. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.

30-Day Right to Opt Out: You may opt out of the arbitration agreement and the Class Action Waiver in this section by telling us within 30 days of the date you first accept these Terms. Your notice must give your name, the address associated with your use of the services, and a clear statement that you do not want to resolve disputes with us by arbitration. Send your notice to:

Opting out affects only this arbitration agreement and the Class Action Waiver. It does not affect any other part of these Terms, and we will not treat it as a reason to refuse or withdraw service.

Delegation: Questions about the scope, enforceability, interpretation and formation of this arbitration agreement, including whether a dispute must be arbitrated, are for the arbitrator to decide. A court, not the arbitrator, decides whether the Class Action Waiver is enforceable.

Class Action Waiver: You and we each agree to bring a dispute only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, private attorney general or other representative proceeding. The arbitrator may award relief only in favor of the individual party seeking it, and only to the extent needed to remedy that party's own claim. If this waiver is held unenforceable for a particular claim, that claim, and only that claim, is severed from the arbitration and heard in court.

Waiver of Jury Trial: You and we each waive the right to a trial by jury in any proceeding arising out of or relating to these Terms and Conditions or the services, even if you opt out of the arbitration agreement above.

Exceptions: Either party may bring a claim in small claims court for disputes that qualify. Additionally, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of intellectual property rights.

Exclusive Venue: For any dispute that is not resolved by arbitration, you and we agree to the exclusive jurisdiction of the courts of the jurisdiction identified in the Governing Law section, and each of us waives any objection to proceedings being brought there.

Consumers in the EU, EEA and the United Kingdom: If you are a consumer resident in the EU, the EEA or the United Kingdom, nothing in this section deprives you of the protection of the mandatory law of your country of residence. Where that law gives you the right to bring proceedings in your local courts, or makes an arbitration agreement or a class action waiver unenforceable against you, that law prevails over this section.

Changes to Terms and Conditions

We reserve the right to modify or replace these Terms and Conditions at any time.

Notice of Changes: For material changes (such as changes to pricing, payment terms, cancellation rights, or dispute resolution), we will provide advance notice by:

  • Email to the address associated with your account

  • Prominent notice on our services

  • In-app notification (if applicable)

We will provide at least 30 days' notice for material changes, or such longer period as required by applicable law.

Acceptance of Changes: Posting revised terms does not by itself establish acceptance. Where an affirmative agreement is required, the revised terms apply only after the service presents them through an implemented acceptance flow and records the user's agreement. If that flow is not implemented, this draft does not claim that continued use binds the user to the revision.

Consent Requirement: Where required by law (such as for price increases in ongoing subscriptions), we will request your explicit consent before applying the changes. You will have the right to cancel before the changes take effect without penalty.

Modifications to the Service

We may change, suspend or discontinue any part of the services at any time. This includes adding or removing features, changing how a feature works, limiting how much of a feature you may use, and restricting access to part or all of the services.

Where a change would materially reduce a paid service you are already using, we will give you notice in the way described in the Changes to Terms and Conditions section, and you may cancel the affected service before the change takes effect.

We are not liable to you or to anyone else for a change to, suspension of, or discontinuation of the services, except where these Terms say otherwise or where that liability cannot be excluded under applicable law.

Privacy

We handle personal data in accordance with applicable data protection law.

If we publish a Privacy Policy, it describes how we handle personal data and is incorporated into these Terms by reference. Where a Privacy Policy and these Terms deal with the same subject differently, the Privacy Policy applies to the handling of personal data and these Terms apply to everything else.

Nothing in these Terms limits any right you have under data protection law, and nothing in them is a consent to any processing that requires your separate consent.

Electronic Communications

When you use the services or send messages to us, you are communicating with us electronically, and you agree that we may communicate with you electronically in return.

We may send notices, disclosures and other communications to the email address you most recently gave us, or by posting them on the services. Where applicable law allows it, a communication sent this way satisfies any requirement that it be in writing.

Please keep the email address you gave us current, and check that messages from us are not blocked or filtered. Where applicable law entitles you to receive a particular communication on paper or in another durable form, contact us and we will provide it in that form at no charge.

Notices

Notices to You: We may give you notice by sending an email to the email address you most recently gave us, or by posting a notice on the services. A notice is treated as given on the day we send or post it.

Notices to Us: A notice to us takes effect when we receive it, and we may ask you to confirm the details of a notice before we act on it. Send notices to us at:

Either of us may change the address for notices by giving notice of the new address in the way described in this section.

Assignment

You may not assign or transfer these Terms, or any right or obligation under them, without our prior written consent. An attempt to do so without that consent has no effect.

We may assign or transfer these Terms, in whole or in part, to an affiliate, or in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets. We will tell you about an assignment where applicable law requires it, and an assignment does not reduce your rights under these Terms or under mandatory consumer protection law.

These Terms bind and benefit each party's permitted successors and assigns.

No Third-Party Beneficiaries

Except as stated in this section, these Terms do not give any right or remedy to anyone who is not a party to them, and no other person may enforce any part of them.

You and we may vary or terminate these Terms without the consent of any other person.

Statute of Limitations

Nothing in these Terms shortens a limitation period that applicable law does not allow to be shortened by agreement, and where a longer period is mandatory, that longer period applies instead.

Entire Agreement

These Terms, together with any document expressly incorporated into them by reference, are the entire agreement between you and us about the services, and they replace any earlier agreement, understanding or statement about the same subject.

Where these Terms state that a separate agreement applies in addition to them, such as an end-user license agreement or an app store's own terms, that separate agreement applies alongside these Terms and prevails over them to the extent these Terms say it does.

You confirm that you are not relying on any statement that is not set out in these Terms. This does not exclude liability for fraud or fraudulent misrepresentation, and it does not limit any right you have under mandatory consumer protection law.

Headings are for convenience only and do not affect how these Terms are interpreted.