Terms of Service

1. Agreement

These Terms form a binding agreement between you and AtomikEngine. If you do not agree, do not use the site or our services. If you accept on behalf of a company, you represent that you are authorized to bind that company.

2. Services

We provide website design and development, AI integration and automation development, SEO/GEO, and digital marketing services. The specific scope, deliverables, timeline, and fees for any engagement are defined in a written proposal, statement of work, or the package description you purchase. Where a signed agreement conflicts with these Terms, the signed agreement controls for that engagement.

Pricing shown on the site is a starting point for the described scope. Custom requirements, additional revisions, third-party licenses, and out-of-scope work are quoted separately.

3. Client Responsibilities

• Provide timely content, brand assets, credentials, approvals, and feedback.
• Ensure you own or are licensed to use all materials you supply to us.
• Maintain your own accounts with third-party platforms (domain registrars, ad networks, analytics, CRMs) and pay their fees directly.
• Review deliverables and report defects within the review window defined in your proposal.

Delays caused by missing inputs or approvals shift the project timeline accordingly.

4. Fees and Payment

Fees, deposits, milestones, and recurring charges are stated at checkout or in your proposal. Payments are processed by Stripe. Unless stated otherwise, project fees require a deposit before work begins, and retainers bill in advance for each period.

Invoices are due on receipt. Late amounts may accrue interest at 1.5% per month (or the maximum permitted by law) and we may suspend work on overdue accounts. Fees are exclusive of applicable taxes, which are added where required.

See our Billing, Subscription & Refund Policy for renewal, cancellation, and refund terms.

5. Intellectual Property

Upon full payment, you receive ownership of the final custom deliverables created specifically for you, excluding items in the next paragraph.

We retain ownership of our pre-existing materials, internal frameworks, component libraries, tooling, and know-how, and grant you a perpetual, non-exclusive, worldwide license to use them as embedded in your deliverables. Third-party components remain subject to their own licenses.

Site content, branding, and copy on atomikengine.com are our property and may not be copied or reused without permission.

Unless you opt out in writing, we may reference the engagement and display non-confidential visuals in our portfolio and marketing.

6. Confidentiality

Each party will protect the other's non-public information with at least reasonable care and use it only to perform under this agreement. This does not apply to information that is public, independently developed, or required to be disclosed by law.

7. Acceptable Use

Your use of the site and our services is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference.

8. AI-Assisted Deliverables

Some deliverables are produced with, or include, artificial intelligence systems. AI outputs can be inaccurate and require human review. Our AI Disclaimer describes the limits of these features and your responsibilities when deploying them.

9. Warranties and Disclaimers

We warrant that services will be performed in a professional and workmanlike manner. We will correct defects in deliverables reported within 30 days of delivery at no charge.

Except as expressly stated, the site and services are provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, or any specific ranking, traffic, conversion, or revenue outcome.

10. Limitation of Liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill.

Our total aggregate liability arising out of or relating to the services is limited to the amounts you paid us in the 12 months preceding the event giving rise to the claim. These limits do not apply to your payment obligations, either party's indemnification obligations, or liability that cannot be limited by law.

11. Indemnification

You will indemnify and hold us harmless from claims arising out of content or materials you supply, your use of deliverables in violation of law, or your breach of these Terms. We will indemnify you against third-party claims that our original deliverables infringe a US intellectual property right, provided you notify us promptly and let us control the defense.

12. Term and Termination

Either party may terminate an engagement for material breach that remains uncured 15 days after written notice. Subscription and retainer cancellation is governed by our Billing, Subscription & Refund Policy. On termination you pay for all work performed through the effective date, and we deliver work product for which payment has been received.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. The parties will attempt good-faith resolution for 30 days. Unresolved disputes are subject to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida.

Nothing in this section limits any non-waivable rights you have as a consumer under the laws of your country of residence.

14. General

These Terms, together with any signed proposal and the policies referenced here, are the entire agreement. If a provision is unenforceable, the rest remains in effect. Neither party is liable for delays caused by events beyond its reasonable control. You may not assign this agreement without our consent. We may update these Terms; continued use after the effective date constitutes acceptance.

Contact Us

Questions about this policy can be sent to info@atomikengine.com.

AtomikEngine, Miami, Florida, United States.

We aim to respond to all policy and privacy inquiries within 30 days.