Terms and Conditions

These Terms and Conditions (“Terms”) govern access to and use of websites, hardware, software, platforms, applications, AI models, APIs, SDKs, documentation, training programmes, support services and other products or services provided by Atomo Innovation Private Limited (“Atomo”, “we”, “our” or “us”).

By accessing our website, creating an account, submitting an order, executing a quotation, installing or activating a product, downloading software or using an Atomo service, you agree to these Terms.

If you act for an organisation, you represent that you have authority to bind that organisation. In that case, “you” and “Customer” refer to the organisation.

1. About Atomo

Atomo Innovation Private Limited is incorporated under the laws of India and has its registered office at:

W 406, 4th Floor, Sidhraj Z Square, Kudasan, Gandhinagar, Gujarat, India - 382421

Website: www.atomo.in

2. Products and Services Covered

These Terms may apply to Atomo Processing Unit devices and related hardware; Electron, Proton, Neutron, Quark or other Atomo product variants; AtomicOS; Atomic Center and device-management services; ASNN SDK and developer tools; firmware, drivers, APIs and software libraries; computer-vision and Edge AI models; IoT, industrial, smart-city, security, healthcare, manufacturing and analytics solutions; installation, integration and proof-of-concept services; model conversion, optimisation and deployment; support and maintenance; remote device or lab access; training and certification programmes; consulting, custom development and engineering services; and website content, documentation and demonstration environments.

Product-specific quotations, order forms, statements of work, licence terms, service-level agreements or data-processing agreements may contain additional terms.

3. Order of Precedence

In case of conflict, the following order generally applies: a signed master agreement or definitive enterprise agreement; a signed statement of work, order form or purchase agreement; a data-processing agreement; product-specific licence or support terms; an accepted quotation or purchase order; these Terms; and website or marketing material.

A purchase order issued by a customer is for administrative convenience and does not modify Atomo’s terms unless Atomo expressly agrees in writing.

4. Eligibility and Accounts

You must have legal capacity to enter into a binding agreement. You are responsible for providing accurate account information; safeguarding credentials, API keys and administrative access; restricting accounts to authorised personnel; all activity occurring under your account; promptly disabling access for former personnel; and notifying Atomo of suspected unauthorised access.

Accounts and licences may not be shared, transferred or resold except as expressly permitted.

5. Quotations and Orders

A quotation is valid only for the period stated in it. Orders are binding after acceptance by Atomo. Atomo may decline or modify an order due to component or inventory availability; export or import restrictions; technical feasibility; cybersecurity or ethical risk; incorrect pricing or product information; customer-credit concerns; or another reasonable commercial or legal ground.

Product images, prototypes, demonstrations, specifications and performance statements are illustrative unless expressly incorporated into a signed agreement.

6. Prices, Taxes and Payment

Prices are stated in the applicable quotation or order and may exclude taxes, customs duties, shipping, insurance, installation, integration or travel unless expressly stated otherwise. The Customer must pay invoices within the agreed payment period; pay applicable GST, duties, levies and taxes; provide valid tax and billing information; and bear bank, foreign-exchange and remittance charges unless otherwise agreed.

Atomo may charge interest on overdue amounts at the lower of 1.5% per month or the maximum amount permitted by law. Atomo may suspend delivery, licences, support, cloud connectivity or account access for overdue undisputed payments after reasonable notice. Payments are non-refundable except where expressly stated in a signed agreement or required by law.

7. Delivery, Title and Risk

Delivery dates are estimates unless expressly guaranteed in writing. Atomo is not liable for delay caused by component shortages; manufacturing or logistics disruption; customs or regulatory clearance; customer delay; force majeure; third-party suppliers; or events outside Atomo’s reasonable control.

Risk of loss passes to the Customer upon delivery to the agreed destination or carrier, according to the applicable quotation. Title to hardware passes only after Atomo receives full payment, unless otherwise agreed. The Customer must inspect delivered products promptly and report visible damage, shortage or incorrect shipment within seven days of delivery.

8. Hardware Installation and Operating Environment

The Customer must install and operate hardware according to Atomo documentation; within specified voltage, temperature, humidity and environmental limits; with compatible cameras, sensors, power supplies, networks and peripherals; using appropriate surge, grounding and physical-security measures; in compliance with electrical, safety and industry regulations; and through qualified personnel where required.

Atomo is not responsible for failure caused by improper installation, unstable power, unsuitable enclosures, unsupported modifications, customer infrastructure or incompatible third-party equipment.

9. Software Licence

Subject to payment and compliance with these Terms, Atomo grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to use the applicable software solely with authorised Atomo products; for the Customer’s internal business purposes; for the number of devices, sites, users or period purchased; and according to the applicable documentation and order.

Except where expressly permitted, the Customer must not copy, sell, rent, lease or sublicense Atomo software; reverse engineer, decompile, disassemble or derive source code; bypass licensing, authentication or security controls; remove ownership, copyright or attribution notices; modify or create derivative works; use Atomo software to develop a competing product; publish benchmarks without sufficient technical context or written permission; extract proprietary models, weights or optimisation methods; provide unauthorised third-party access; or use software beyond the purchased licence scope. Restrictions do not apply to the extent they are prohibited by mandatory law.

10. SDK, API and Developer Use

Developer tools may be subject to usage limits and technical requirements. The Customer is responsible for applications developed using Atomo SDKs or APIs; securing API keys and credentials; validating code before production deployment; maintaining compatible versions; preventing excessive or abusive requests; complying with third-party licences; and ensuring that applications do not compromise the device, platform or network.

Atomo may change, deprecate or discontinue an API or SDK. Where commercially reasonable, Atomo will provide notice for material changes affecting supported production integrations.

11. Firmware and Software Updates

Atomo may provide patches, firmware, model, security or feature updates. Updates may alter functionality or interfaces; resolve security issues; improve stability or performance; add or remove compatibility; require downtime or restart; or be mandatory for continued support.

The Customer is responsible for maintaining supported versions and installing critical updates within a reasonable period. Atomo may restrict access from an insecure or unsupported version where necessary to protect systems, customers or third parties.

12. Cloud, Remote Management and Connected Services

Some functions may require internet connectivity, third-party infrastructure or subscription services. Connected-service availability may depend on network connectivity; hosting providers; telecommunications operators; external APIs; customer infrastructure; and scheduled or emergency maintenance.

Atomo does not guarantee uninterrupted availability unless a service-level commitment is expressly included in a signed agreement. A customer may choose an on-premise or offline configuration where supported. Certain updates, remote support, licence validation, dashboard functions or integrations may not be available while offline.

13. Customer Data

“Customer Data” means information, images, video, audio, documents, sensor data, model files, configurations or other material submitted to or processed through an Atomo product by or for the Customer. The Customer retains its rights in Customer Data.

The Customer grants Atomo a limited right to process Customer Data only as necessary to provide the contracted products and services; perform support, maintenance and security functions; comply with documented instructions; prevent fraud, abuse or security threats; and comply with applicable law. Atomo does not acquire ownership of Customer Data merely because it is processed through an Atomo product.

14. Customer Data Responsibilities

The Customer represents and warrants that it has all rights and permissions necessary to provide and process Customer Data; its processing has a lawful and legitimate purpose; appropriate privacy and surveillance notices have been issued; consent has been obtained where required; Customer Data does not unlawfully infringe third-party rights; retention is limited to what is necessary; access is restricted to authorised users; and the deployment complies with applicable privacy, employment, biometric, healthcare, surveillance and sector-specific laws.

The Customer is responsible for responding to data-subject requests relating to its deployment.

15. AI and Machine-Learning Outputs

AI Outputs include classifications, detections, predictions, alerts, recommendations, generated information, confidence scores and other results produced using an AI or machine-learning system. The Customer acknowledges that AI Outputs are probabilistic; outputs may be incomplete, inaccurate or unsuitable; performance varies according to data, camera angle, lighting, environment, hardware, configuration and model; no model detects every event; false positives and false negatives may occur; benchmark results may not reflect real-world performance; and continuous testing and human oversight are required.

AI Outputs must not be treated as professional, legal, medical, financial, safety or governmental advice.

16. High-Impact and Safety-Critical Uses

Unless expressly approved in a signed agreement, Atomo products are not designed or certified as the sole control or decision-making mechanism for life-support systems; autonomous weapons; emergency shutdown systems; medical diagnosis or treatment; nuclear facilities; aviation flight-control systems; arrest or criminal-liability determinations; employment termination or disciplinary decisions; credit, insurance or legal eligibility decisions; critical infrastructure where failure may directly cause death or serious injury; or another use requiring fail-safe performance.

Where products assist with fire, smoke, security, intrusion, workplace safety, crowd management or equipment monitoring, they supplement rather than replace certified alarms, trained personnel, emergency procedures and statutory safety systems.

17. Prohibited Uses

You must not use an Atomo product or service to violate any law or third-party right; conduct unlawful surveillance or interception; identify or track people without lawful authority; discriminate based on protected characteristics; exploit or harm children; facilitate violence, terrorism or serious criminal activity; develop or operate autonomous weapons; create unlawful biometric databases; make deceptive or manipulative representations; upload malware or compromise systems; bypass access, licensing or security controls; process unlawfully obtained data; infringe privacy, confidentiality or intellectual-property rights; interfere with another user or service; conceal a deployment from individuals where notice is legally required; use AI Outputs as the sole basis for a high-impact decision without meaningful human review; or use the product in a manner that creates an unreasonable safety, legal, ethical or cybersecurity risk.

Atomo may suspend or terminate access where it reasonably believes a prohibited use has occurred.

18. Facial Recognition and Biometric Use

Facial recognition or biometric functionality may be supplied only for legally authorised use cases. The Customer must complete a legal and impact assessment; establish a valid legal basis; issue visible and understandable notices; obtain consent where required; restrict watchlists and access; define retention and deletion procedures; test demographic and environmental performance; provide meaningful human verification; maintain audit logs; and create a process to challenge or correct results.

Atomo does not warrant that biometric functionality is lawful in every jurisdiction or context.

19. Third-Party Products and Open-Source Software

Atomo products may contain or integrate third-party hardware, software, models, services or open-source components. Third-party and open-source components may be governed by separate terms. To the extent required, those terms will control the relevant component.

Atomo is not responsible for independent third-party services; changes made by third-party vendors; third-party outages; unsupported integrations; or data processing independently performed by third parties.

20. Intellectual Property

Atomo and its licensors retain all rights in hardware and industrial designs; circuit designs and layouts; firmware and software; AtomicOS and Atomic Center; SDKs, APIs and developer tools; AI models, optimisation methods and model-conversion processes; algorithms and workflows; trademarks, logos and brand assets; documentation, training material and website content; patents, patent applications, know-how and trade secrets; and improvements and derivative technology.

No ownership right is transferred except where expressly stated in a signed agreement. The Customer must not use Atomo’s name, logo or trademarks without written approval.

21. Customer Developments and Feedback

Unless otherwise agreed, the Customer owns its independently created applications, content and datasets; Atomo owns its pre-existing tools, frameworks, models, templates and know-how; each party retains its background intellectual property; and project-specific ownership will be governed by the relevant statement of work.

Where the Customer provides suggestions or feedback, Atomo may use that feedback without restriction or payment, provided Atomo does not disclose Customer confidential information.

22. Custom Development

Custom development is governed by a statement of work defining scope; deliverables; acceptance criteria; dependencies; milestones; payment terms; intellectual-property ownership; support; change requests; and customer responsibilities. Anything not expressly included is outside scope and may require additional fees and time.

23. Training and Certification

Training access is personal to the registered participant and may not be shared. Participants must not record or redistribute training without permission; share lab credentials; misuse remote devices or networks; access another participant’s data; attempt unauthorised privilege escalation; or copy proprietary training material.

Certification indicates completion of Atomo’s stated requirements. It does not guarantee employment, professional licensing, project success or competency for every deployment. Atomo may revoke certification obtained through fraud, impersonation or serious policy violation.

24. Support and Maintenance

Support scope, hours, response targets and duration are defined in the applicable order or support plan. Unless expressly included, support does not cover custom code not developed by Atomo; unsupported third-party devices; customer network or infrastructure; misuse or unauthorised modification; unsupported operating environments; data recovery; onsite visits; model retraining; cybersecurity remediation caused by customer systems; or obsolete product versions.

Atomo may request logs, configuration data or remote access to diagnose an issue. The Customer must obtain necessary permissions before providing such access or data.

25. Limited Hardware Warranty

Unless a different period is stated in the order, Atomo warrants for twelve months from delivery that Atomo-branded hardware will be materially free from defects in materials and workmanship under normal authorised use.

Atomo’s obligation is limited, at its option, to repair; replacement with a new or refurbished unit; or refund of the depreciated or applicable purchase price where repair or replacement is not reasonably available.

The warranty excludes accidental or physical damage; liquid, fire, voltage, surge or environmental damage; misuse or negligence; unauthorised repair or modification; use outside published specifications; normal wear; cosmetic damage; customer or third-party software; unsupported peripherals; removed or altered serial numbers; force majeure; and consumable components. The Customer is responsible for backing up and removing confidential data before returning equipment.

26. Software and Service Disclaimer

Except for express warranties in a signed agreement, software, models, demonstrations, beta features and services are provided “as is” and “as available.” To the maximum extent permitted by law, Atomo disclaims implied warranties of merchantability; fitness for a particular purpose; non-infringement; uninterrupted operation; error-free performance; exact accuracy; compatibility with every environment; and achievement of a particular commercial result.

Nothing in these Terms excludes a warranty that cannot lawfully be excluded.

27. Beta, Pilot and Evaluation Products

A beta, prototype, pilot, proof-of-concept, development or evaluation product may be incomplete; contain defects; change without notice; lack regulatory certification; have limited support; not be suitable for production; and be discontinued. Such products must not be used for safety-critical or production decisions unless Atomo expressly approves the use in writing.

28. Confidentiality

Each party may receive non-public technical, commercial, financial or business information from the other. The receiving party must use confidential information only for the agreed purpose; protect it with reasonable care; disclose it only to personnel and advisers who need it and are bound by confidentiality; and not disclose it to third parties without permission.

Confidentiality obligations do not apply to information that is publicly available without breach; was lawfully known without restriction; is independently developed; is lawfully received from a third party; or must be disclosed by law, provided notice is given where legally permitted. Trade secrets remain protected for as long as they qualify as trade secrets.

29. Security Responsibilities

Atomo will use reasonable security measures for systems under its control. The Customer is responsible for physical security of devices; network segmentation; secure credentials and access controls; firewall and VPN configuration; camera and sensor security; timely patching; backups; incident-response procedures; authorised-user management; and secure integration with customer systems.

The Customer must notify Atomo promptly of a suspected vulnerability, compromise or unauthorised access affecting an Atomo product. The Customer must not publicly disclose an unremediated vulnerability without first giving Atomo a reasonable opportunity to investigate and address it, except where protected by law.

30. Suspension and Termination

Atomo may suspend or terminate access where payment is overdue; these Terms are materially breached; a system creates a security threat; use is unlawful or prohibited; continuation may expose Atomo or others to liability; or required by a regulator or authority. Where practicable, Atomo will provide notice and an opportunity to cure.

On termination, licences and access rights end; outstanding amounts become payable; the Customer must stop using and return or delete licensed material where required; and provisions intended to survive will continue. Termination does not automatically require Atomo to refund amounts already paid.

31. Indemnity

To the extent permitted by law, the Customer will defend, indemnify and hold harmless Atomo, its directors, officers, employees and affiliates from third-party claims arising from unlawful or unauthorised use; Customer Data; violation of privacy, surveillance, biometric or employment laws; infringement caused by customer materials or instructions; customer-developed applications or integrations; misuse of AI Outputs; failure to obtain required permissions; prohibited or safety-critical use; or breach of these Terms.

Atomo will provide reasonable notice and cooperation. The Customer may not settle a claim in a manner that admits liability or imposes obligations on Atomo without Atomo’s consent.

32. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special or consequential loss; loss of profit, revenue or business; loss of goodwill; loss or corruption of data; production interruption; substitute-product costs; or loss arising from reliance on an AI Output.

Atomo’s aggregate liability arising from a product, service or order will not exceed the amount paid or payable to Atomo for the affected product or service during the twelve months immediately preceding the event giving rise to the claim. The limitation does not apply where liability cannot lawfully be limited, or to fraud, wilful misconduct, death or personal injury directly caused by negligence to the extent exclusion is prohibited.

33. Export Control and Sanctions

The Customer must comply with applicable export-control, customs, sanctions and trade laws. The Customer must not export, re-export, transfer or use an Atomo product in a prohibited country, for a prohibited entity or for a restricted end use without required authorisation. Atomo may refuse or suspend a transaction where it reasonably identifies a trade-compliance risk.

34. Compliance with Laws

Each party must comply with laws applicable to its activities. The Customer is responsible for legal and regulatory requirements applicable to the deployment, including privacy and data protection; surveillance and interception; biometric processing; cybersecurity; employment monitoring; healthcare and medical-device rules; telecommunications and wireless approvals; public-space monitoring; intellectual property; safety and environmental requirements; and sector-specific approvals.

Atomo’s provision of technical capability does not constitute legal approval of a use case.

35. Publicity

Neither party may issue a press release or use the other party’s name, trademarks or logo without prior approval, except where required by law. Atomo may identify a Customer as a customer only where the Customer has provided written permission or where permitted in the applicable agreement.

36. Force Majeure

Neither party is liable for delay or failure caused by events outside its reasonable control, including natural disasters; epidemic or pandemic; war, terrorism or civil disturbance; government action; labour disruption; power or telecommunications failure; cyberattack not caused by unreasonable security practices; component shortage; logistics disruption; or failure of critical third-party infrastructure. Payment obligations for already delivered products or completed services are not excused.

37. Electronic Communications

You agree that contracts, notices, invoices, approvals and records may be provided electronically. Electronic acceptance, signatures, click-through acceptance and digital approvals may be treated as valid to the extent permitted by law.

38. Notices

Legal notices to Atomo must be delivered in writing to:

Atomo Innovation Private Limited

W 406, 4th Floor, Sidhraj Z Square, Kudasan, Gandhinagar, Gujarat, India - 382421

Notices to the Customer may be delivered to the registered, billing or contractual address provided by the Customer.

39. Governing Law and Jurisdiction

These Terms are governed by the laws of India, without regard to conflict-of-law principles. Subject to the arbitration provision below, courts having jurisdiction in Gandhinagar, Gujarat, India will have exclusive jurisdiction. Mandatory consumer rights applicable in a user’s jurisdiction remain unaffected where they cannot legally be waived.

40. Dispute Resolution and Arbitration

The parties will first attempt to resolve a dispute through good-faith discussions for at least 30 days after written notice. If the dispute is not resolved, it will be referred to arbitration under the Arbitration and Conciliation Act, 1996.

The tribunal will consist of one mutually appointed arbitrator. The seat and venue of arbitration will be Gandhinagar, Gujarat, India. Proceedings will be conducted in English. The award will be final and binding. Either party may seek urgent interim or injunctive relief from a competent court.

41. Changes to These Terms

Atomo may update these Terms to reflect changes in products, laws or business practices. Material changes will apply prospectively and may be communicated through the website, account or contractual channel. Continued use after the effective date of updated Terms constitutes acceptance where legally permitted. Material changes to an existing fixed-term enterprise agreement will not override the signed agreement without the required consent.

42. General Provisions

42.1 Assignment

The Customer may not assign these Terms without Atomo’s written consent. Atomo may assign them as part of a merger, restructuring, financing, sale of business or transfer to an affiliate.

42.2 Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, employment, agency, fiduciary or franchise relationship.

42.3 Severability

If a provision is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will continue.

42.4 Waiver

Failure to enforce a provision is not a waiver of that provision.

42.5 Entire Agreement

These Terms and incorporated documents constitute the agreement concerning their subject matter and supersede prior discussions relating to that subject matter.

42.6 Language

The English version controls unless mandatory law requires otherwise.

42.7 Survival

Payment, intellectual-property, confidentiality, data, warranty exclusions, indemnity, liability, dispute resolution and other provisions intended by their nature to survive will continue after termination.

43. Contact

Atomo Innovation Private Limited

W 406, 4th Floor, Sidhraj Z Square, Kudasan, Gandhinagar, Gujarat, India - 382421

Website: www.atomo.in