Refund Policy, Risk Disclosure & Limitation of Liability

Definitions

In this policy, the following terms have the meanings given below. Defined terms are capitalised throughout.

• "Atom" or "the Software" means the Atom desktop application, its backend services, its documentation, and any update, patch or successor version supplied to you.
• "Subscriber", "you" or "your" means the natural or legal person who purchases a Subscription.
• "Subscription" means a paid licence to use the Software for a defined period under a defined Plan.
• "Term" means the duration of a Subscription as described in Section 6: weekly, monthly or yearly.
• "Strategy" means a set of entry conditions, risk parameters, exit rules, instruments and scheduling that you create, configure and authorise within the Software.
• "Risk Terms" means the per-Strategy limits you review and expressly accept within the Software, including risk per trade, maximum lot size, maximum trades per day, maximum concurrent positions, and daily loss limit.
• "Autonomous Execution" means the optional mode in which the Software transmits orders to your Broker without a separate confirmation for each order.
• "AI Reasoning" means the optional feature by which a third-party large language model evaluates market context and may decline a signal generated by your Strategy.
• "Broker" means the third-party brokerage firm with which you hold a trading account and through which all orders are executed.
• "Terminal" means the MetaTrader 5 platform installed on hardware you own or control.
• "Trading Loss" means any reduction in the equity or balance of a trading account, whether realised or unrealised, however caused.
• "Defect" means a reproducible failure of the Software to operate in accordance with its published documentation, excluding any matter listed in Sections 12, 13, 14 or 19.
• "Reporting Window" means the twenty-four (24) hour period described in Section 20.
• "Business Day" means a day other than a Saturday, Sunday or public holiday in the State of Delaware, United States.

Scope and acceptance

This policy applies to all Subscriptions, renewals, upgrades, downgrades, additional account seats, and any other payment made to us in connection with the Software.

You accept this policy by any of the following acts, each of which constitutes acceptance independently: completing a checkout in which this policy is linked or referenced; creating an account; installing the Software; connecting the Software to a Terminal; accepting Risk Terms within the Software; or permitting the Software to transmit an order to a Broker.

If you do not accept this policy in its entirety, you must not subscribe, and you must not install or operate the Software. Continued use following any amendment published under Section 39 constitutes acceptance of the amended policy.

Where you subscribe on behalf of a company, partnership, trust or other entity, you warrant that you have authority to bind that entity, and "you" includes that entity.

Nature of the service

Atom is licensed software, supplied on a subscription basis. It executes instructions that you author. It is installed on hardware you control, connects to a Terminal you install, and transmits orders to a Broker with whom you hold an account in your own name.

3.1 What we do not do

We do not, at any time:

• hold, receive, custody, transmit or control your funds;
• hold discretionary authority over any trading account of yours;
• select instruments, strategies, position sizes or timing on your behalf;
• execute orders ourselves, or act as counterparty to any transaction;
• provide financial, investment, securities, commodities, derivatives, tax, accounting or legal advice;
• make any recommendation that you buy, sell, hold or refrain from any instrument.

3.2 Your role

You are solely responsible for selecting your Broker, funding your account, authoring every Strategy, setting and accepting all Risk Terms, deciding whether to enable Autonomous Execution, deciding whether to enable AI Reasoning, monitoring the results, and complying with all laws and with your Broker's terms.

Regulatory status

ATOM SAAS SOLUTION LLC is not registered with, licensed by, or supervised by the U.S. Securities and Exchange Commission, the Commodity Futures Trading Commission, the National Futures Association, the Financial Industry Regulatory Authority, the Financial Conduct Authority, the Australian Securities and Investments Commission, the Securities and Exchange Board of India, or any comparable authority in any jurisdiction.

We are not a broker-dealer, futures commission merchant, introducing broker, commodity trading advisor, commodity pool operator, investment adviser, money services business, or financial institution. No statement in this document, on our website, or by any member of our team should be construed as an offer or solicitation to buy or sell any financial instrument.

You are responsible for determining whether your use of automated trading software is lawful in your jurisdiction and consistent with your Broker's terms, and for any tax arising from your trading.

Eligibility and restricted persons

To subscribe you must be at least eighteen (18) years of age, or the age of majority where you reside, whichever is greater, and have full legal capacity to enter into a binding contract.

You may not subscribe if you are resident in, a national of, or otherwise located in any jurisdiction subject to comprehensive sanctions administered by the United States Office of Foreign Assets Control, or if you appear on any restricted-party list maintained by the United States, the United Kingdom, the European Union or the United Nations.

A Subscription obtained in breach of this Section is void from the outset, confers no rights, and is not refundable.

Subscription terms

The Software is offered as a single product with all features enabled. There are no feature tiers. Subscriptions differ only in duration:

Prices are those published on our website at the time of purchase and may change under Section 26. Access is granted for the duration purchased and ends automatically on expiry unless renewed. All Subscriptions are subject to the same refund provisions; no term confers any additional right of refund by reason of its length or price.

Billing, taxes and currency

All fees are quoted and charged in United States Dollars unless expressly stated otherwise. Fees are payable in advance for the applicable period.

Fees are exclusive of all taxes, levies and duties. You are responsible for any sales tax, value added tax, goods and services tax, withholding tax or similar imposition arising from your purchase, and for any customs, bank, card-network, intermediary, currency-conversion or cross-border fee applied by your payment provider. Such amounts are not refundable by us and are deducted from any refund that is otherwise payable.

If a payment fails, is reversed, or is uncollectible, we may suspend the Subscription immediately and without notice. You remain liable for amounts properly due.

Invoices and receipts are issued electronically to the email address on the account. It is your responsibility to keep that address current.

No guarantee of profit

We make no representation, warranty, guarantee or promise, express or implied, that use of the Software will be profitable, will preserve capital, will limit losses, or will produce any particular result.

Any figure, chart, screenshot, trade log, account statement, equity curve, backtest, win rate, profit factor or other performance indicator published by us, shown in a demonstration, or supplied on request, is a historical illustration of the Software operating. It is not a forecast, not a representative sample, not typical, and not a guarantee. Results shown may have been produced on a demonstration account, on a particular instrument, over a particular period, and under market conditions that will not recur.

No employee, contractor, agent, affiliate, reseller or representative of ours has authority to guarantee a trading result, and any such statement, if made, is void and may not be relied upon.

Your strategy determines your results

The Software applies the Strategy you author. It does not originate a trading edge, does not improve a Strategy that lacks one, and does not compensate for a Strategy that is unprofitable, poorly conceived, over-fitted, or unsuited to the instrument or market conditions in which you deploy it.

Your win rate, your expectancy, your drawdown and your profit or loss are properties of your Strategy as applied to your instruments under your Risk Terms in the market conditions that occur. They are not properties of the Software and are not within our control.

The Software's function is to apply your rules consistently, precisely and without emotion — including in circumstances where doing so produces losses. Consistent application of a losing Strategy will produce consistent losses. That is correct operation, not a Defect.

We supply backtesting specifically so that you may evaluate a Strategy before committing capital, and we recommend that every Strategy be operated on a demonstration account for a meaningful period before Autonomous Execution is enabled on a live account. Electing not to do so is your decision, taken at your own risk, and does not give rise to any claim.

AI reasoning and its limitations

On Plans where it is available, AI Reasoning permits a large language model supplied by a third party to review market context after your Strategy has generated a signal, and to decline that signal.

10.1 Characteristics you accept

• It is probabilistic and non-deterministic. Identical inputs may produce different outputs. Outputs are not reproducible and cannot be audited as deterministic logic can.
• It may err in either direction: declining a signal that would have been profitable, or permitting one that produces a loss.
• It is a filter, not a forecasting engine. It does not predict prices, and no representation is made that it can.
• Its behaviour may change without notice as the third-party model is updated, retrained, deprecated or replaced.
• It may be unavailable, degraded or slow for reasons entirely outside our control.
• It may misinterpret context, misread data, or produce reasoning that is factually wrong.
• It may be disabled by you, per Strategy, at any time.

Backtesting is simulation

Backtesting replays your Strategy over historical candle data supplied by your Broker. It is a model. Like every model it simplifies reality, and it will differ from live trading. Specifically, and without limitation:

• entries are simulated at the closing price of the signal bar, whereas live entries occur at a later moment and a different price;
• where a single bar's range spans both stop and target, the simulation records a loss, because historical open-high-low-close data does not record intrabar sequence;
• a single spread figure is applied per trade, whereas real spreads vary continuously and widen materially around news, rollover and illiquid hours;
• slippage, requotes, partial fills, rejected orders, swap, rollover, commission and financing charges are not modelled;
• historical data supplied by a Broker may be incomplete, gapped, revised, or differ between Brokers for the same instrument;
• no model can reproduce the market impact, liquidity or order-book conditions of the period simulated.

Past performance and simulated or hypothetical performance are not indicative of future results. A favourable backtest is not a prediction and creates no expectation on which you may rely. Divergence between backtested and live results is normal, expected, and is not a Defect.

Execution, latency and infrastructure

The Software evaluates market data at intervals and transmits orders over the public internet to your Broker via your Terminal. Delay is inherent in that chain.

You acknowledge that the price at which an order is filled will frequently differ from the price observed when the signal was generated, and that in fast markets this difference may be substantial. You further acknowledge that orders may be rejected, requoted, partially filled, or filled at a materially worse price, and that stop and target levels may be breached without being filled at the level specified.

The Software operates only while the machine on which it is installed is powered, awake, connected to the internet, and running both the Software and the Terminal, with the Terminal logged into the intended account. Interruption of any of these ends monitoring and execution until restored. We do not monitor whether your installation is running and are under no obligation to notify you that it has stopped.

Third-party dependencies

The Software depends on third parties over whom we have no control and for whom we accept no responsibility, including without limitation: your Broker; MetaTrader 5 and its publisher; the provider of the large language model used for AI Reasoning; the provider of economic calendar data; messaging platforms used to deliver alerts; payment processors; hosting and network providers.

Any of these may suspend, degrade, rate-limit, alter, deprecate or discontinue its service, change its terms, or fail, at any time and without notice to us. Where such an event impairs the Software, that is not a Defect and gives rise to no claim under this policy, save as expressly provided in Section 28.

Economic calendar data in particular is supplied by a third party, may be incomplete, mistimed, revised or unavailable, and must not be relied upon as a complete or accurate record of scheduled events.

Matters outside our control

Without limiting any other provision, we are not responsible for and will not compensate any loss arising from:

• your Broker's spreads, commissions, swap and financing rates, slippage, execution policy, requotes, minimum stop distance, minimum or maximum lot size, margin and stop-out policy, or leverage changes;
• your Broker suspending, delisting, renaming or re-specifying an instrument, widening spreads, entering close-only mode, or rejecting orders;
• your Broker becoming insolvent, freezing withdrawals, closing your account or withholding funds;
• market gaps, weekend gaps, trading halts, circuit breakers, flash crashes, extreme volatility, illiquidity, or exchange or venue outages;
• your internet connection, power supply, hardware performance, operating system updates, driver faults, antivirus or firewall interference, or the machine sleeping, hibernating, restarting or shutting down;
• the Terminal being closed, disconnected, updated, or logged into an account other than the one you intended;
• other software, Expert Advisors, scripts, copy-trade services or human beings trading the same account concurrently with the Software;
• your own configuration, including Risk Terms you set too wide, instruments you selected in error, or a Strategy you authorised without testing;
• your failure to install updates we have made available.

Proprietary and funded accounts

Where you operate the Software on an account provided by a proprietary trading firm, funding programme, evaluation or challenge, you do so entirely at your own risk and on your own responsibility.

We are not party to your agreement with that firm, have no visibility of its rules, and make no representation that the Software is compatible with, or will keep you compliant with, any such rules — including rules concerning maximum daily loss, maximum overall drawdown, consistency, lot sizing, news trading, weekend holding, hedging, martingale, latency arbitrage, or the use of automated systems at all. Many such firms prohibit or restrict automated trading.

Failure of an evaluation, breach of a firm's rules, loss of a funded account, forfeiture of a profit split, or loss of an evaluation fee is not a Qualifying Refund Event and is expressly excluded from all liability.

Refund eligibility

There is no cooling-off period, trial period, satisfaction guarantee or unconditional right of return. Fees purchase access to the Software for the term selected, and that access is made available immediately upon activation. A Subscription is not refundable because you changed your mind, because you did not use it, or because it did not produce the results you hoped for.

Subscriptions of every term — weekly, monthly and yearly alike — are refundable only upon a Qualifying Refund Event as defined in Section 17, reported within the Reporting Window under Section 20, supported by the evidence required under Section 21, and determined in our favour under Section 22.

Where a Qualifying Refund Event is established, the refund is calculated by reference to the term actually purchased. For a yearly Subscription, any refund granted under Section 18 is limited to the pro-rated monthly equivalent and does not extend to the remainder of the term.

Purchasing a longer term in place of a shorter one does not render any previously paid fee refundable, and no term may be exchanged, transferred, paused, or converted into another.

Qualifying refund events

The following, and only the following, are Qualifying Refund Events:

1. Billing error. We charged an amount you did not authorise, charged the wrong amount, charged more than once for the same period, or charged after a valid cancellation took effect.
2. Material Defect. A reproducible failure of the Software to operate in accordance with its published documentation, which we are unable to remedy within thirty (30) Business Days of a complete report, and which renders the Software substantially unusable for its stated purpose. A cosmetic issue, an inconvenience, an unsupported feature request, or an issue for which a workaround exists is not a Material Defect.
3. Breach of the daily-loss-limit guarantee, strictly as defined and limited in Section 18.
4. Prolonged unavailability, strictly as defined and limited in Section 28.

A Qualifying Refund Event entitles you to the remedy stated for that event and to no other remedy. In no case does it entitle you to recovery of any Trading Loss.

The daily-loss-limit guarantee

We publicly state that if the Software breaches the daily loss limit you configured and accepted, that month is free. This Section defines that undertaking exhaustively.

18.1 Conditions

The guarantee applies only where every one of the following is satisfied:

1. you held an active Subscription at the time of the event;
2. you had configured a daily loss limit for the Strategy concerned and expressly accepted the Risk Terms containing it within the Software;
3. the Software opened one or more new positions after realised and unrealised losses attributable to that Strategy had already exceeded the configured limit;
4. the excess was caused by the Software's own logic, and not by any matter described in Sections 12, 13, 14 or 15;
5. no other software, Expert Advisor, script, service or person placed, modified or closed a trade on the same account during the period concerned;
6. the Risk Terms were not altered by you during the trading day in question;
7. you reported the event within the Reporting Window and supplied the evidence required by Section 21.

18.2 Remedy

The sole and exclusive remedy is a refund or account credit, at our election, of one (1) month's subscription fee, or the pro-rated monthly equivalent where a weekly or yearly term is held. The guarantee may be claimed once per Subscriber in any twelve (12) month period.

The guarantee does not cover, and will never cover, the Trading Loss itself, nor any consequential loss arising from it.

18.3 What is not a breach

Non-qualifying events

For the avoidance of doubt, the following are not Qualifying Refund Events and will not be refunded, credited or compensated in any amount:

The 24-hour reporting window

Any claim under this policy must be reported to us in writing within twenty-four (24) hours of the event giving rise to it.

Time runs from the moment the event occurred, not from the moment you noticed it. Where the event comprises a series of trades, time runs from the first trade in the series.

This window is short for an operational reason. Establishing what occurred requires the application log, the Terminal journal, the Broker's server-side record and tick-level pricing for the period. These sources rotate, truncate, are overwritten, or cease to be retrievable within a short time. After twenty-four hours we are frequently unable to determine what happened, and we will not pay a claim we cannot independently verify.

A claim submitted outside the Reporting Window is time-barred and will be refused. We may, at our sole and absolute discretion and without creating any precedent or obligation, consider a late claim; nothing in this Section requires us to do so, and our refusal is final.

Evidence required

A claim is complete only when it includes all of the following. An incomplete claim does not stop time running under Section 20.

• the date, time, and timezone of the event, stated precisely;
• the Terminal account number and the name of the Broker;
• a full export of the account history covering the period, in a machine-readable format;
• the name of the Strategy concerned, and the Risk Terms in force at the time;
• the Software's application log covering the period;
• the Terminal journal and Experts log covering the period;
• a description of the behaviour you observed and the behaviour you expected;
• confirmation that no other software, service or person traded the account during the period;
• where a Defect is alleged, steps sufficient for us to reproduce it.

You are responsible for preserving this evidence. We are under no obligation to retain, recover or reconstruct records on your behalf, and failure to supply evidence is grounds for refusal of the claim.

Investigation and determination

We acknowledge a complete claim within two (2) Business Days and determine it within twenty (20) Business Days of receiving the last item of required evidence. Complex claims may take longer, and we will tell you if so.

We may request further information, access to logs, a screen-sharing session, or a reproduction of the issue. A claim in respect of which a reasonable request goes unanswered for fourteen (14) calendar days is closed without further notice and may not be reopened.

Our determination is made in good faith on the evidence available and is final, subject only to Section 36. Payment of any claim is made without admission of liability and does not create a precedent, a course of dealing, or an obligation in respect of any other claim.

Form and payment of refunds

Approved refunds are returned to the original payment method only. We cannot refund to a different card, bank account, wallet or person. Where the original method is closed or expired, we may issue account credit instead.

Refunds are typically visible within five (5) to ten (10) Business Days, subject to your bank or card issuer. Payment processing fees, currency conversion losses, intermediary bank charges and taxes already remitted are non-recoverable and are deducted from the amount returned. Where payment was made in cryptocurrency, any refund is calculated in United States Dollars at the rate applying on the date of the original payment and paid in the same asset; you bear all network fees and all exchange-rate risk.

Where a refund is approved, your licence terminates on the date the refund is issued and you must cease use of the Software immediately.

Cancellation and renewal

Subscriptions renew automatically at the end of each period at the then-current price until cancelled. You may cancel at any time from your account page or by written notice to us.

Cancellation takes effect at the end of the period already paid for. You retain access until then. Cancellation does not refund the current period, and we do not pro-rate.

It is your responsibility to cancel before a renewal date if you do not wish to renew. Where a renewal charge was genuinely unintended — you cancelled and the charge nonetheless occurred, or a price increase took effect without the notice required by Section 26 — notify us within seven (7) calendar days and we will correct it.

Changing to a shorter or longer term takes effect at the next renewal and does not generate a refund of any difference.

Yearly subscriptions and founding pricing

Yearly Subscriptions are offered at a discount in consideration of a twelve (12) month commitment. They are not refundable in whole or in part except upon a Qualifying Refund Event, and unused months carry no value on cancellation.

Founding or promotional pricing, where offered, holds the stated rate for the stated period provided the Subscription remains continuously active and payments are made on time. It is personal to you, non-transferable, and is permanently lost on cancellation, lapse for non-payment, chargeback, or downgrade; it will not be reinstated on any later Subscription.

Price changes

We may change prices at any time. A price change affecting an existing Subscriber takes effect at the next renewal following at least thirty (30) calendar days' notice sent to the email address on the account. If you do not accept the new price you may cancel before it takes effect; continuing past that date constitutes acceptance.

Chargebacks and payment disputes

If you believe a charge is incorrect, you must contact us first. We would far rather correct a genuine error than contest it.

Initiating a chargeback, payment reversal or bank dispute without first contacting us and allowing us a reasonable opportunity to resolve the matter is a material breach of this policy. On notification of such a dispute we may suspend or terminate your licence immediately and without notice.

Where a dispute is raised in respect of a charge we consider properly due, we will contest it and submit to the card network or processor this policy, evidence of your acceptance of it, your account and usage records, and any relevant correspondence. You remain liable for the amount disputed, for any fee levied on us by the processor or network, and for reasonable costs of recovery. An account with an unresolved or unsuccessful chargeback is permanently ineligible for future Subscriptions.

Service availability

We aim for high availability but do not warrant uninterrupted, timely, secure or error-free operation. No service level agreement applies unless separately agreed in writing.

Where a fault attributable solely to us renders the Software materially unusable for more than seventy-two (72) consecutive hours, and you report it within the Reporting Window, we will on request credit the affected days pro rata against your next renewal. That credit is the sole remedy for unavailability.

Excluded from the above: scheduled or emergency maintenance; third-party outages of any kind (Section 13); faults in your own hardware, software, network or Terminal; market closures; and any period in which you were unable to use the Software for reasons within your control.

Maintenance, updates and deprecation

We may modify, update, improve, restructure or remove any feature at any time, including features described in marketing material or present when you subscribed, provided that the Software taken as a whole continues to perform substantially as documented.

We may require you to install an update in order to continue receiving support, and may cease supporting older versions, operating systems or Terminal builds. Removal or change of an individual feature is not a Material Defect and does not entitle you to a refund.

Licence scope and fair use

Your Subscription grants a personal, limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to install and operate the Software for your own trading, on the number of accounts and instruments your Plan permits.

You may not, and may not permit any person to: share credentials; operate the Software for the benefit of a third party; resell, rent, lease, sublicense or distribute it; manage other people's money with it; circumvent, disable or interfere with any Plan limit, licence check or usage control; decompile, disassemble, reverse-engineer or attempt to derive source code; extract, scrape or reuse any data, model output or component; or use the Software for anything unlawful.

Breach of this Section terminates the licence immediately and without refund of any amount paid.

Suspension and termination

We may suspend or terminate your Subscription immediately where you breach this policy or our Terms of Service; where payment fails or is reversed; where we reasonably suspect fraud, abuse, circumvention of Plan limits, or unlawful use; where required by law or by a payment processor; or where continued provision would expose us to legal or regulatory risk.

Termination for any of the above is without refund. Where we terminate for convenience and without cause, we refund the unused portion of the current period pro rata, which is your sole remedy.

Records and data used in claims

By submitting a claim you authorise us to examine the logs, configuration, trade records and account data you supply, and to retain them for as long as necessary to determine the claim and for a reasonable period afterwards for audit, dispute and legal purposes.

We may retain records of claims and determinations indefinitely for the purpose of detecting repeated or abusive claiming. Our records of the Software's operation, where they exist, are admissible and, absent clear evidence of error, determinative.

Limitation of liability

To the maximum extent permitted by applicable law, our total aggregate liability to you, whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise, arising out of or in connection with the Software or this policy, shall not exceed the total subscription fees actually paid by you to us in the three (3) months immediately preceding the event giving rise to the claim.

We shall have no liability whatsoever for: trading losses of any kind; loss of profit, revenue, capital or anticipated savings; loss of a funded, evaluation or proprietary trading account; loss of opportunity; loss of goodwill or reputation; loss or corruption of data; margin calls, stop-outs or negative balances; taxes or penalties; or any indirect, incidental, special, consequential, exemplary or punitive damages, in each case whether or not foreseeable and whether or not we were advised of the possibility.

The Software is provided "as is" and "as available", without warranty of any kind, express, implied or statutory, including without limitation any implied warranty of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title or non-infringement.

Nothing in this policy excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by negligence. Where mandatory consumer protection law in your country of residence grants you rights that cannot be waived by contract, those rights are unaffected, and this policy applies to the fullest extent consistent with them.

Indemnity

You agree to indemnify, defend and hold harmless ATOM SAAS SOLUTION LLC, its members, officers, employees, contractors and agents from and against any claim, demand, action, proceeding, loss, liability, damage, fine, penalty, cost and expense (including reasonable legal fees) arising out of or relating to: your use of the Software; your Strategies and Risk Terms; any trade placed on any account you control; your breach of this policy, our Terms of Service, your Broker's terms, or any proprietary firm's rules; your violation of any law or of any third party's rights; or any misrepresentation made by you in a claim under this policy.

Force majeure

We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disaster, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, government action, sanctions, embargo, change of law, strike or labour dispute, failure of utilities, failure or congestion of telecommunications or the internet, cyber-attack, denial-of-service attack, or the act, omission, insolvency or failure of any third party referred to in Section 13.

Dispute resolution

Before commencing any proceeding, you agree to notify us in writing of the dispute and to negotiate in good faith for a period of thirty (30) calendar days.

Any dispute not resolved in that period shall be finally settled by binding arbitration administered in the State of Delaware, United States, under the rules of a recognised arbitral body, before a single arbitrator, in the English language. Judgment on the award may be entered in any court of competent jurisdiction.

You and we each waive any right to a jury trial and to participate in any class, collective or representative action. Claims must be brought in an individual capacity only.

Any claim arising out of or relating to the Software or this policy must be commenced within one (1) year of the date the cause of action accrued, failing which it is permanently barred. Nothing in this Section prevents either party seeking injunctive relief from a court in respect of intellectual property or confidential information, and nothing here deprives a consumer of a mandatory right to bring proceedings in the courts of their country of residence where such a right applies.

Assignment, severability, waiver

You may not assign or transfer your Subscription or any right under it without our prior written consent. We may assign this policy and our rights under it in connection with a merger, acquisition, reorganisation or sale of assets.

If any provision is held invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or if that is not possible, severed; the remaining provisions continue in full force.

No failure or delay by us in exercising any right operates as a waiver of it, and no single or partial exercise precludes any further exercise. A waiver is effective only if given in writing by an authorised officer.

Entire agreement

This policy, together with our Terms of Service and Privacy Policy, constitutes the entire agreement between you and us in respect of refunds, risk and liability, and supersedes all prior or contemporaneous statements, representations, understandings and agreements, whether oral or written.

You confirm that you have not relied on any statement, representation, assurance or warranty not expressly set out in these documents. Nothing in this Section limits liability for fraudulent misrepresentation.

Amendments

We may amend this policy at any time. The version in force in respect of a payment is the version published on this page at the time that payment was made, and we retain dated copies of each version.

Material amendments affecting existing Subscribers take effect no less than thirty (30) calendar days after notice is sent to the email address on the account. If you do not accept an amendment, your remedy is to cancel before it takes effect. Continued use after that date constitutes acceptance.

Governing law and notices

This policy and any dispute arising out of or in connection with it are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

Notices to us must be sent in writing to support@atom.trade and, where this policy requires written notice of a dispute, additionally to the registered address below. Notices to you are sent to the email address on your account and are deemed received twenty-four (24) hours after sending.

ATOM SAAS SOLUTION LLC
1201 North Market Street, Suite 111, Wilmington, Delaware 19801, United States
Company number [NUMBER] · support@atom.trade