Terms of Service

1. Eligibility

• You must be at least 18 years of age to use the Service.
• You must have a valid LinkedIn account to register.
• You must have the legal capacity to enter into a binding contract under Indian law and the laws of your jurisdiction.
• If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
• We reserve the right to refuse service, terminate accounts, or cancel subscriptions at our sole discretion.

2. Account Registration & Security

• LinkedIn OAuth: You register and authenticate exclusively through LinkedIn OAuth. By signing in, you authorise us to access your LinkedIn profile data and APIs as described in our Privacy Policy.
• Account Security: You are solely responsible for maintaining the security of your LinkedIn account and any devices used to access the Service. Notify us immediately at contact@atominic.com if you suspect unauthorised access.
• One Account Per Person: Each individual may maintain only one account. Creating multiple accounts to circumvent limits or bans is prohibited.
• Accuracy: You represent that all information provided to the Service is accurate, current, and complete.

3. Description of Service

Evolvd is an AI-powered LinkedIn growth platform that provides:

• AI-generated LinkedIn post content based on your profile, voice, themes, and audience
• Daily coaching delivery via WhatsApp (optional)
• Engagement task suggestions and comment generation
• Prospect watchlist management and warm lead detection
• DM script templates and suggestions
• LinkedIn performance analytics and AI-generated reports
• Team collaboration features including content distribution, approval workflows, and shared resources
• Auto-publishing to LinkedIn (when authorised)
• Billing and subscription management via Razorpay

4. AI-Generated Content — Critical Disclaimers

• AI Content is Not Human-Authored: All posts, comments, DM suggestions, reports, and other textual content generated by the Platform are produced by third-party artificial intelligence models (currently Anthropic's Claude). These outputs are machine-generated and do not represent the views, opinions, or endorsements of Atominic Technologies.
• No Guarantee of Accuracy: AI-generated content may contain factual errors, inaccuracies, outdated information, unintended biases, inappropriate language, hallucinations (fabricated facts presented as real), or content that may not align with your brand or professional standards. We make no representation or warranty whatsoever regarding the accuracy, reliability, completeness, or fitness for purpose of any AI-generated content.
• Your Responsibility to Review: You are solely and entirely responsible for reviewing, editing, fact-checking, and approving all AI-generated content before publishing it to LinkedIn or any other platform. Publishing AI-generated content without human review is done entirely at your own risk.
• No Liability for Published Content: Once you publish AI-generated content (whether automatically or manually), you assume full legal responsibility for that content. Atominic shall not be liable for any claims, damages, losses, penalties, or consequences arising from content you publish, including but not limited to defamation, copyright infringement, trademark violations, misleading statements, regulatory violations, or reputational harm.
• No Professional Advice: AI-generated content, reports, and suggestions do not constitute professional, legal, financial, medical, or any other form of expert advice.
• Content Moderation: While we implement safety measures in our AI prompts, we cannot guarantee that all AI outputs will be free from offensive, harmful, or inappropriate content.

5. LinkedIn Compliance & Third-Party Platforms

• LinkedIn Terms: You are solely responsible for ensuring your use of the Service complies with LinkedIn's User Agreement, Professional Community Policies, and all applicable LinkedIn terms and policies.
• No Affiliation: Evolvd is not affiliated with, endorsed by, or sponsored by LinkedIn Corporation or Microsoft Corporation.
• Platform Risk: LinkedIn may change its APIs, terms of service, or policies at any time, which may affect the functionality of the Service. We are not liable for any disruption caused by LinkedIn.
• Account Responsibility: If your LinkedIn account is suspended, restricted, or banned as a result of content published through the Service, Atominic shall bear no responsibility or liability whatsoever.
• OAuth Tokens: You may revoke LinkedIn OAuth access at any time through your LinkedIn settings.

6. WhatsApp Communication

• WhatsApp messaging is optional. By opting in, you consent to receive automated messages including daily posts, engagement reminders, warm lead alerts, and coaching content.
• You may opt out at any time by disconnecting WhatsApp in your settings.
• We are not liable for message delivery failures, delays, or errors caused by Meta's infrastructure.
• Standard data rates from your mobile carrier may apply.

7. Subscriptions, Billing & Payments

7.1 Plans & Pricing

• Prices are displayed in Indian Rupees (INR) unless otherwise stated and are exclusive of applicable taxes (GST).
• We reserve the right to change pricing at any time with reasonable advance notice.

7.2 Billing

• All payments are processed through Razorpay. By subscribing, you agree to Razorpay's Terms of Use.
• Subscriptions are billed in advance on a monthly or annual basis.

7.3 Free Trials

• We may offer free trial periods at our discretion.
• At the end of a trial, your subscription will automatically convert to a paid plan unless cancelled.

7.4 Refund Policy

• Refunds are available only within 7 calendar days of the initial subscription payment, after deduction of usage costs.
• For complete details, see our Refund Policy.

7.5 Cancellation

• You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing cycle.
• We do not provide prorated refunds for unused portions of a billing cycle (except within the 7-day refund window).

8. Usage Limits & Fair Use

• Each plan has defined usage limits (posts per day, engagement tasks, AI regenerations, competitors, team members, etc.).
• Exceeding usage limits may result in temporary throttling or suspension of certain features.
• We reserve the right to enforce fair use policies to prevent abuse.

9. BYOK (Bring Your Own Key)

• Your API keys are encrypted at rest and used solely for your AI requests.
• Your Responsibility: You are solely responsible for the validity, security, billing, and compliance of your BYOK API keys. We are not liable for charges incurred on your third-party accounts.
• Your use of BYOK is subject to the terms and conditions of the third-party API provider.

10. Intellectual Property

10.1 Our Intellectual Property

• The Service, including its source code, design, user interface, logos, trademarks, and all underlying technology, is the exclusive property of Atominic Technologies.
• You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Service subject to these Terms.
• You may not copy, modify, distribute, sell, reverse-engineer, decompile, or create derivative works from any part of the Service.

10.2 Your Content

• You retain ownership of the content you provide to the Service.
• You grant us a non-exclusive, worldwide, royalty-free licence to use, process, and store your content solely for the purpose of providing the Service.
• Data Storage Location: All your data is stored on servers located in India. Certain data may be transmitted to third-party service providers outside India (e.g., Anthropic for AI processing, Meta for WhatsApp messaging) solely for the purpose of delivering the Service. Please refer to our Privacy Policy for full details on data transfers.
• AI-Generated Content: Content generated by AI is provided to you for your use. However, we do not guarantee it is original or free from similarities to other works. You assume all risk related to copyright and IP claims.

10.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without obligation to you.

11. Prohibited Conduct

You agree not to:

• Use the Service for any unlawful, fraudulent, deceptive, or malicious purpose
• Generate or publish content that is defamatory, obscene, threatening, harassing, discriminatory, or that incites violence
• Impersonate any person or entity
• Use the Service to spam or engage in unsolicited outreach that violates LinkedIn's policies
• Attempt to bypass, disable, or circumvent usage limits, security measures, or access controls
• Scrape, crawl, or extract data from the Service using automated tools
• Upload or transmit viruses, malware, or any disruptive code
• Use the Service to compete with, benchmark against, or reverse-engineer our technology
• Resell, sublicence, or provide access to the Service to third parties without written consent
• Use AI-generated content to manipulate, deceive, or defraud any individual or organisation

Violation of these prohibitions may result in immediate suspension or termination without notice or refund.

12. Disclaimer of Warranties

We specifically disclaim any warranty that:

• The Service will be uninterrupted, error-free, secure, or free from viruses
• AI-generated content will be accurate, original, appropriate, or fit for any purpose
• The Service will meet your specific requirements or expectations
• Results obtained through the Service will be satisfactory or achieve any particular outcome
• LinkedIn, WhatsApp, Anthropic, Razorpay, or any other third-party service will remain available or compatible
• Your LinkedIn account will not be adversely affected by your use of the Service

13. Limitation of Liability

• No Consequential Damages: In no event shall Atominic be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including damages for loss of profits, revenue, data, business opportunities, goodwill, or reputation, regardless of foreseeability.
• Aggregate Cap: Our total cumulative liability shall not exceed the greater of (a) the amount you paid us in subscription fees during the 3 months preceding the claim, or (b) INR 5,000.
• Basis of the Bargain: These disclaimers, exclusions, and limitations form an essential basis of the bargain between you and Atominic.

14. Indemnification

You agree to defend, indemnify, and hold harmless Atominic Technologies from and against any claims, demands, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from:

• Your use of the Service
• Content you publish through the Service (including AI-generated content)
• Your violation of these Terms or any applicable law
• Any claim that content you published caused damage to a third party
• Your BYOK API key usage and any resulting third-party charges or liabilities

15. Termination

• By You: You may stop using the Service at any time. Account deletion requests can be sent to contact@atominic.com.
• By Us: We may suspend or terminate your access immediately, without prior notice, for breach of Terms, fraudulent activity, abuse, non-payment, or at our sole discretion.
• Effect: Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive (Sections 4, 10, 12, 13, 14, 17, 18) will survive.

16. Force Majeure

We shall not be liable for any failure or delay resulting from circumstances beyond our reasonable control, including natural disasters, pandemics, war, terrorism, government actions, power failures, internet failures, cyberattacks, or third-party service outages.

17. Governing Law & Dispute Resolution

• Governing Law: These Terms are governed by the laws of India.
• Jurisdiction: The courts of Gurgaon, Haryana, India shall have exclusive jurisdiction.
• Informal Resolution: Before filing legal proceedings, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.
• Arbitration: If informal resolution fails, disputes shall be resolved by binding arbitration under the Arbitration and Conciliation Act, 1996, in Gurgaon, Haryana, by a sole arbitrator.
• Class Action Waiver: Dispute resolution proceedings will be conducted only on an individual basis.

18. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement.
• Severability: If any provision is held invalid, the remaining provisions remain in full force.
• Waiver: Failure to enforce any provision shall not constitute a waiver.
• Assignment: You may not assign your rights without our written consent. We may assign without restriction.
• No Agency: Nothing in these Terms creates a partnership, employment, or agency relationship.
• Notices: We may send notices via WhatsApp, email, or posting on the Platform.

19. Changes to These Terms

We reserve the right to modify these Terms at any time. For material changes, we will provide at least 15 days' notice. Your continued use after the effective date constitutes acceptance.

20. Contact