01The agreement
In shortBy creating an account you accept these terms on behalf of your business.
These terms are an agreement between MARSA Agency d.o.o. (“Atomiq”, “we”) and the business that creates an Atomiq account (“you”). The person accepting them confirms they may bind that business.
Atomiq is for businesses. You use it for your trade or business, not as a consumer, so consumer-protection rules for private individuals do not apply to this agreement.
The Data processing agreement and the Privacy policy form part of these terms. Where they conflict on data protection, the Data processing agreement wins.
02Your account and the free trial
In shortThe trial lasts 14 days, includes every feature and needs no card. You are responsible for who uses your account.
A new account starts a free trial of 14 days with every feature of the Scale plan. No payment details are needed to start. To keep using Atomiq after the trial, choose a plan and add a payment method.
Give accurate details and keep them current. Keep your password safe; we recommend turning on two-factor sign-in. You may invite team members and give them roles; you are responsible for what they do in the account.
03Plans and payment
In shortPrices are monthly, in euros, by number of active contacts. Paddle bills you and adds VAT. You can cancel any time; the plan runs to the end of the period you paid for.
Plans and prices are listed on our Pricing page. Prices are in euros per month, excluding VAT, and depend on the number of active contacts in your account.
Subscriptions are sold by Paddle.com Market Limited as merchant of record. Paddle takes payment, issues invoices and charges VAT where it applies, and its buyer terms apply to the purchase.
Subscriptions renew automatically at the end of each billing period until cancelled. You can cancel from the billing page at any time; the cancellation takes effect at the end of the period already paid, and the account stays fully usable until then.
If a payment fails, the account keeps working for 14 days while you update the payment method. After that, the account becomes read-only and sending stops until the payment goes through.
We give at least 30 days’ notice by email before a price change applies to you.
Refunds: Paddle, our merchant of record, processes refunds. You can cancel at any time and keep access until the end of the period you paid for; we refund a payment taken in the last 14 days if you ask within those 14 days.
04Sending rules
In shortEmail only people who agreed to hear from you, make unsubscribing easy and never send spam. We pause sending that harms deliverability for everyone.
You must:
- send marketing email only to people who gave you permission, or where the law otherwise allows it, and be able to show how they agreed;
- not upload or send to bought, rented or scraped lists;
- identify your business truthfully as the sender, with a real postal address in every marketing email;
- honour unsubscribes; Atomiq adds an unsubscribe link and one-click unsubscribe headers to every marketing email and suppresses the address at once;
- not send content that is illegal, deceptive, or infringes someone else’s rights;
- not try to get around the limits that protect deliverability, such as the domain warm-up schedule.
High bounce or complaint rates hurt every sender on the service. We may pause sending from an account, hold a campaign, or require a list to be cleaned while we look into a problem. We tell you what happened and what is needed to resume. Repeated or serious breaches may lead to the account being closed.
05AI features
In shortAI drafts are suggestions. Nothing is sent or changed until you approve it, and you are responsible for what you send.
The AI writer and assistant draft content and propose changes. They do not send email or change your account without your approval. AI output can be wrong; review it before you use it.
Content you give to AI features is sent to our AI provider to produce the draft, as described in the Privacy policy. Atomiq does not use it to train AI models. Your plan includes a monthly allowance of AI use, shown on the Pricing page.
06Your data and our software
In shortYour contacts and content stay yours. Atomiq stays ours.
You own the data you put in Atomiq: your contacts, content, images and reports. You give us permission to host, process and display it only as needed to provide the service. We process your contacts’ personal data as your processor under the Data processing agreement.
You can export your contacts at any time. When the account closes, we delete your data within 30 days, except where the law requires us to keep it.
Atomiq, its software, designs and templates belong to us or our licensors. You may use them only through the service while your account is active, and may not copy, resell or reverse-engineer them.
07Availability and changes to the service
We work to keep Atomiq available and to fix problems quickly, but we do not promise the service will be uninterrupted. We may take it down briefly for maintenance and try to do so at quiet times.
We improve Atomiq all the time and may change or remove features. If we remove something your plan depends on, we give you reasonable notice.
08Suspension and ending the agreement
You may stop using Atomiq and cancel at any time.
We may suspend or close an account that breaks these terms, does not pay, or puts the service or other customers at risk. Where we can, we warn you first and give you a chance to fix the problem.
09Liability
Nothing in these terms limits liability that cannot be limited by law, such as for intent or gross negligence.
Otherwise, our total liability for all claims arising in any 12-month period is limited to the fees you paid us for Atomiq in that period, and neither party is liable for indirect or consequential loss, such as lost profit or lost data that a backup would have preserved.
You are responsible for the content you send and the lists you send it to, and you will cover our reasonable costs if a third party brings a claim against us because of them.
10General
We may update these terms. We tell account owners by email at least 30 days before a change that reduces your rights takes effect; if you do not accept it, you may cancel before then.
These terms are governed by the law of the Republic of Croatia, and the courts of Osijek, Croatia have jurisdiction.
If a part of these terms is found invalid, the rest still applies. Notices to you go to the account owner’s email address; notices to us go to dinko@marsa.agency.