Terms of Service
Effective Date: January 1, 2025 Last Updated: January 1, 2025
Please read these Terms of Service ("Terms"), Data Processing Agreement, Privacy Policy, and Acceptable Use Policy carefully. Together, these documents form a unified agreement ("Agreement") between Choiceform ("Company", "we", "us", or "our") and you ("Customer", "you", or "your") regarding your use of the Atomemo platform ("Platform" or "Service").
By accessing or using Atomemo, you agree to be bound by this Agreement. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
1. Definitions
1.1 "Atomemo" or "Platform" refers to the workflow automation software and services provided by Choiceform, including:
- The core Atomemo application (frontend and backend)
- AI Agent Runtime and Expression Engine
- Plugin ecosystem and SDK
- Associated APIs, documentation, and support services
1.2 "Community Edition" refers to the Atomemo software licensed under the Sustainable Use License, available at no charge for qualified use cases.
1.3 "Enterprise Edition" refers to Atomemo software with Enterprise Features (files containing .ee. in their filename or directory), requiring a valid Enterprise License.
1.4 "Workspace" means an isolated environment within Atomemo for AI agents, workflows, data, and configurations. Each workspace represents a single tenant.
1.5 "Personal Data" means any information relating to an identified or identifiable natural person as defined by applicable data protection laws.
1.6 "Content" means any workflows, data, code, configurations, or other materials you create, upload, or process using the Platform.
1.7 "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, and other intellectual property rights worldwide.
2. License Grant and Restrictions
2.1 Community Edition License
If you are using Atomemo Community Edition under the Sustainable Use License:
You MAY:
- Use, copy, and modify the software for your internal business purposes
- Use the software for non-commercial or personal purposes
- Deploy the software within your organization for employees and internal use
- Embed Atomemo in your product where each customer gets a dedicated instance (single-tenant)
You MAY NOT without an Enterprise License:
- Operate a multi-tenant SaaS offering where you provide Atomemo as a hosted service to multiple external customers or organizations
- Remove, alter, or obscure Atomemo branding in the frontend user interface
- Extract and sell the AI Agent Runtime or Expression Engine as standalone products
- Use Atomemo's core engine to build a competing workflow automation platform for commercial sale
2.2 Enterprise License
Enterprise Edition features require a separate Enterprise License Agreement. Contact sales@choiceform.app for enterprise licensing.
Enterprise Features include but are not limited to:
- Single Sign-On (SSO) and Advanced RBAC
- Audit logging and compliance reporting
- High availability and advanced monitoring
- White-labeling permissions
- Priority support with SLA guarantees
- Multi-tenant SaaS deployment rights
3. Account Registration and Security
3.1 Account Creation
To use certain features of Atomemo, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information to keep it accurate
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized access
3.2 Account Responsibility
You are responsible for all activities that occur under your account. Choiceform is not liable for any loss or damage arising from unauthorized account access due to your failure to maintain account security.
3.3 Account Termination
We may suspend or terminate your account if:
- You violate these Terms or applicable laws
- Your account poses a security risk
- You fail to pay fees when due (for paid plans)
- We discontinue the Service (with reasonable notice)
4. Acceptable Use
You must comply with our Acceptable Use Policy when using Atomemo. Prohibited uses include but are not limited to:
- Illegal activities or promotion of illegal content
- Infringing others' intellectual property rights
- Distributing malware, viruses, or harmful code
- Attempting to gain unauthorized access to systems
- Interfering with the Service's operation or security
- Violating privacy rights or data protection laws
- Using the Service to compete directly with Atomemo
5. Content and Data
5.1 Your Content
You retain all Intellectual Property Rights in your Content. By using Atomemo, you grant us a limited license to:
- Host, store, and process your Content to provide the Service
- Create backups and ensure data redundancy
- Use aggregated, anonymized data for service improvement and analytics
5.2 Our Intellectual Property
Atomemo and all related technology, branding, and documentation are owned by Choiceform and protected by Intellectual Property Rights. This Agreement does not grant you any rights to our trademarks, logos, or brand elements except as explicitly permitted.
5.3 Data Processing
We process Personal Data in accordance with our Privacy Policy and Data Processing Agreement. For GDPR and other data protection compliance, the DPA forms an integral part of this Agreement.
5.4 Data Retention
We retain your Content as follows:
- Active Accounts: Data retained while your account is active
- Deleted Accounts: Data permanently deleted within 30 days after account deletion
- Backup Retention: Backups may be retained for up to 90 days for disaster recovery
- Legal Obligations: We may retain data longer if required by law or legal proceedings
6. Fees and Payment
6.1 Free Community Edition
Atomemo Community Edition is available at no charge for qualified use cases under the Sustainable Use License. We reserve the right to modify or discontinue free offerings with reasonable notice.
6.2 Enterprise Edition Pricing
Enterprise Edition pricing is customized based on:
- Deployment scale (nodes, workspaces, users)
- Required Enterprise Features
- Support level and SLA requirements
- Deployment model (self-hosted, hybrid, managed)
6.3 Payment Terms
For paid plans:
- Fees are due in advance unless otherwise agreed
- All fees are non-refundable except as required by law or as specified in your Enterprise License Agreement
- We may change fees with 30 days' notice
- Failure to pay fees may result in service suspension or termination
6.4 Taxes
You are responsible for all applicable taxes except for taxes based on our net income. If we are required to collect or pay taxes for which you are responsible, you will reimburse us.
7. Support and Maintenance
7.1 Community Support
Community Edition users have access to:
- Public documentation and guides
- Community forums and discussions
- GitHub issues for bug reports
- Community-driven support (best effort, no SLA)
7.2 Enterprise Support
Enterprise License holders receive priority support as defined in their Enterprise License Agreement, which may include:
- Dedicated support channels
- Guaranteed response times (SLA)
- Technical account management
- Custom development support
8. Service Availability
8.1 Uptime
For self-hosted deployments, service availability depends on your infrastructure and configuration. We provide the software "as is" without uptime guarantees for Community Edition.
Enterprise License holders may receive uptime guarantees as specified in their SLA.
8.2 Maintenance
We may perform maintenance that temporarily affects service availability. We will provide reasonable notice for planned maintenance when feasible.
9. Modifications to Service and Terms
9.1 Service Modifications
We may modify, update, or discontinue features of Atomemo at any time. We will provide reasonable notice for material changes that negatively impact functionality.
9.2 Terms Modifications
We may modify these Terms by:
- Posting updated Terms at https://choiceform.app/policies/terms-of-service
- Notifying you via email (if we have your contact information)
- Providing at least 30 days' notice before changes take effect
Continued use of Atomemo after changes take effect constitutes acceptance of the modified Terms.
10. Warranties and Disclaimers
10.1 Limited Warranty
We warrant that we will provide the Service using commercially reasonable skill and care.
10.2 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
We do not warrant that:
- The Service will meet your specific requirements
- The Service will be uninterrupted, secure, or error-free
- Any errors will be corrected
- The Service is free from viruses or harmful components
11. Limitation of Liability
11.1 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Choiceform'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
11.2 Excluded Damages
IN NO EVENT SHALL Choiceform BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.3 Exceptions
The limitations in this section do not apply to:
- Our indemnification obligations
- Your payment obligations
- Violations of Intellectual Property Rights
- Gross negligence or willful misconduct
- Liability that cannot be excluded by applicable law
12. Indemnification
12.1 Your Indemnification
You agree to indemnify, defend, and hold harmless Choiceform and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the Service
- Your Content
- Your violation of this Agreement
- Your violation of any third-party rights
- Your violation of applicable laws
12.2 Our Indemnification
We will defend you against third-party claims that Atomemo infringes that party's intellectual property rights, and will pay damages finally awarded or agreed in settlement, provided you:
- Notify us promptly of the claim
- Give us control of the defense and settlement
- Reasonably cooperate with our defense
This indemnification does not apply if the claim arises from your modifications to Atomemo or your combination of Atomemo with third-party products.
13. Term and Termination
13.1 Term
This Agreement begins when you first access or use Atomemo and continues until terminated as described below.
13.2 Termination by You
You may terminate this Agreement at any time by:
- Ceasing to use Atomemo
- Deleting your account and data
- For Enterprise customers: providing written notice per your Enterprise License Agreement
13.3 Termination by Us
We may terminate or suspend your access immediately if:
- You materially breach this Agreement
- You violate applicable laws
- Continuation poses a security or legal risk
- Required by law or legal process
13.4 Effect of Termination
Upon termination:
- Your right to access and use Atomemo ends immediately
- You must cease all use of the Service
- We may delete your Content (subject to backup retention periods)
- Provisions intended to survive termination (including Sections 5.2, 10, 11, 12, 15, 16) remain in effect
14. Export Compliance
You agree to comply with all applicable export and import control laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country to which export is prohibited.
15. Governing Law and Dispute Resolution
15.1 Governing Law
This Agreement is governed by the laws of [Jurisdiction], without regard to conflict of law principles.
15.2 Dispute Resolution
Any disputes arising from this Agreement shall be resolved through:
- Informal Negotiation: We encourage you to contact us first to resolve disputes informally
- Mediation: If informal resolution fails, disputes may be submitted to mediation
- Arbitration or Court: As specified in applicable law or your Enterprise License Agreement
15.3 Class Action Waiver
You agree to resolve disputes with us on an individual basis and waive any right to bring or participate in class actions or representative proceedings (to the extent permitted by law).
16. General Provisions
16.1 Entire Agreement
This Agreement, including the Privacy Policy, DPA, and Acceptable Use Policy, constitutes the entire agreement between you and Choiceform regarding Atomemo.
16.2 Assignment
You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement to any affiliate or in connection with a merger, acquisition, or sale of assets.
16.3 Severability
If any provision of this Agreement is found unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will remain in full effect.
16.4 Waiver
Our failure to enforce any provision is not a waiver of that provision or any other provision.
16.5 Force Majeure
We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, government action, or network failures.
16.6 Notices
Notices to you may be sent to the email address associated with your account. Notices to us should be sent to support@choiceform.app.
16.7 Open Source
Atomemo includes open source components licensed under the Sustainable Use License and other licenses. See our LICENSE file for details.
17. Contact Information
For questions about these Terms:
- Email: support@choiceform.app
- Website: https://choiceform.app/contact
- Legal Department: support@choiceform.app (subject: "Legal Inquiry")
For Enterprise Licensing:
- Email: sales@choiceform.app
- Website: https://choiceform.app/enterprise
© 2024-2025 Choiceform
Thank you for using Atomemo! We're committed to providing a powerful, sustainable, and fair workflow automation platform.