Last updated: May 2nd, 2023
Dear users, we would like to inform you that the original legal texts of our app were written in Spanish. While we have made every effort to accurately translate these texts into other languages, we cannot guarantee the accuracy or completeness of the translations. Therefore, we kindly ask you to please review the original Spanish legal texts if you have any questions or concerns about our app's terms and conditions. If you choose to rely on the translations provided in other languages, please be aware that we are not responsible for any errors or omissions that may occur. Thank you for your understanding and continued support.
In these terms of service:
To use our service, you must be at least 18 years old and legally able to enter into binding contracts. If you are under 18, you can use our service if you have your parents' or guardians' consent and they agree to be bound by these terms of service on your behalf.
By accessing or using the service we provide you:
No other terms will be included in these terms of service except where required by legislation. All implied terms, except those implied by law and which cannot be expressly excluded, are expressly excluded.
If any provision of these terms of service is held to be invalid under the law of any jurisdiction, then the provision is enforceable in that jurisdiction to the extent that it is not invalid, and to the extent that it is invalid, it shall be severed from these terms of service and the rest of these terms of service shall continue to apply with modifications that are strictly necessary to reflect this circumstance.
Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right.
Laws may apply to you or us as a result of your specific location. If this is the case, and if those laws are incompatible with any part of these terms, those laws will prevail over these terms and conditions.
We may change or replace these terms of service at any time if the change is necessary to reflect modified or added functionality of the service, to comply with the law, for reasonable business reasons, or to protect our legitimate interests. Your continued use of the service will be considered your acceptance of any changes to these terms of service. Notwithstanding the above, it is your responsibility to periodically review these terms and conditions as long as you remain a user of the services offered by ATOM.BIO.
If a change in these terms of service may have a significant negative effect on you, we will make every effort to inform you of the change in advance. It is your responsibility to check these terms of service from time to time for changes. If you do not agree with any of the changes to these terms of service, it is your responsibility to stop using our service and/or request that we delete your account.
You are responsible for activities related to your account and therefore responsible for protecting your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any security breach or unauthorized use of your account.
It is your responsibility to associate your account with a real email address that you are the sole authorized owner of. Any notification related to the activation, reactivation, or cancellation of the account, as well as those related to password recovery, will be sent to the email address you provide and you must control it.
You may not use another person's name (e.g., the name of known personalities or a name you have no connection to), brand or entity, a name that is not legally available for use, or a trade name that is subject to any rights of another person or entity, or a name that is offensive, vulgar, or obscene as a username. In the event of issues arising regarding the use of particular usernames, such as when another person claims that your username appropriates their name, we will consider the circumstances reasonably and may ask you to change your username (and then we may reassign your username). If we have asked you to do this and you refuse, we may suspend or terminate your user account. Notwithstanding these provisions, identity theft is a serious legal offense with legal consequences. ATOM.BIO will always cooperate with competent authorities when requested to do so. It is important to note that, without affecting the foregoing, we do not allow 'domain squatting' or 'domain parking' or similar, and we may reclaim and reassign usernames that we reasonably believe have been created for these purposes.
You must not use your user account or allow it to be used in a way that may cause damage to our service or reputation, or infringe or violate the rights of third parties, or violate applicable laws or regulations.
If you wish to permanently delete your account, please email us at hello@atom.bio. If the account is deleted, you will not be able to reactivate it, and you will not be able to recover any of your content or information, so it is your responsibility to back up any content or information associated with your account that you wish to keep.
You acknowledge that our service is constantly evolving and we may change parts of the service and functionality from time to time that may affect your account.
You may publish, link, store, share and make available certain information, text, graphics, videos or other material on the page that you create using the service. You are solely responsible for the content, including its legality, reliability, and suitability. When a third party owns the content, you are also responsible for ensuring that you have all necessary rights (including licenses) to allow that content to be made available on the Page and the service.
When you post Content on the Service, you grant us the right and license to use, publicly display, and distribute such Content on and through the Service, and confirm that you have all necessary third-party rights and licenses to publish that Content. You retain all rights in and to any Content you submit, post, or display on or through the Service and are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms of Service.
By accepting these Terms and Conditions, you agree that:
You agree to maintain all necessary records to establish that your Content does not violate any of the requirements of this clause and to make such records available when we reasonably request them.
We are under no obligation to monitor or regularly monitor the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time.
You acknowledge and agree that all Content you provide on the Service will be publicly available information and assume the risks involved with such public disclosures.
We may choose to feature your Page and Content (but not your registered trademarks or personal information, unless you accept it in writing) on our website or promote the Service. You grant us a perpetual, worldwide, royalty-free license to use such Content for such purposes.
Your Page may have its own visitors and customers (End Users). How End Users use and interact with your Page and your Content (as opposed to our obligations to you in these Terms of Service with respect to the Service itself) is your responsibility. This responsibility includes compliance with all laws and regulations relating to End Users and Consumers and the provision of products and services (if applicable) to End Users. If you collect personal information from End Users, you will be responsible for complying with the applicable data protection laws, in particular but not limited to, the duty of information, purpose limitation, and respect for End Users' rights.
Access and use of the Service are subject to these Terms of Service and all applicable laws and regulations. We are also committed to ensuring that the Service is safe for all users and does not provide a platform for inappropriate Content or user behavior. When there is a genuine and reasonable accusation
With this in mind, you must not:
ATOM.BIO does not control the type of content you provide to end users. In any case, it is your obligation, at the time of activating your account, to categorize your content correctly whenever it is exclusively directed at adults. A mis-categorization or lack of categorization may mean that your content is visible to inappropriate visitors.
By categorizing your content in the adult category, we reserve the right to include a notice that must be expressly accepted by your visitors before accessing your content.
The activation and use of free accounts is subject to the possibility of inserting third-party ads on your Page. By activating these types of accounts, you accept this insertion. You can request that we deactivate the ads on your Page by contacting us at xxxx@atom.bio.
Additionally, if you have selected it, your Page may appear on other users' Pages and vice versa. Pages are displayed randomly on other Pages with the only limitation being Pages categorized as adult content, which will only be displayed on Pages of the same category.
You can contact us if you want us to customize and create your Page. In some circumstances, depending on the number of followers you have on the most relevant social networks, we may create your Page for free. In any case, we reserve the right to take actions aimed at verifying the reliability of your number of followers, so the displayed figure may not be taken into account when applying these conditions.
All intellectual property rights in the Service, the Website, and its content (excluding your Content, but including ATOM.BIO's Content), features, and functionality are and will remain our exclusive property (or that of our licensors), and you will not challenge such ownership.
You are only permitted to use the Service as we authorize (including use in accordance with these terms and conditions). As a user, you are granted a limited, non-exclusive, revocable, and non-transferable right to use the Service to create, display, use, reproduce, and upload Content subject to these terms of service.
You must not use the Service in connection with a product or service that is not affiliated with us or that in any way discredits us.
Any opinion, advice, statement, service, offer, or other information or content expressed or made available by other users are those of the respective authors or distributors and not of us.
If we provide you with images, icons, videos, graphics, or other content for you to use in connection with the Service, you must:
All data (and any intellectual property rights in the data) that we or the Service create or generate in connection with your use (or the use of end-users or other users) of the Service or the Content will be our exclusive property.
We may provide you with Data or Data visualizations as part of the Service. We make no representations or warranties as to the accuracy or completeness of data analysis, but we will try to make it as accurate and complete as possible.
Our Privacy Policy applies to how we may collect, use, and disclose personal information about the Content you have created using the Services, especially for ATOM.BIO's commercial and promotional purposes. This information may include your personal data.
If we share with you information about the Service that is confidential, or that a reasonable person would consider confidential, you must keep it confidential and use reasonable security measures to prevent unauthorized disclosure or access to that information.
If you choose to contribute to the Service by sending us ideas for new products, services, features, modifications, improvements, content, offers, promotions, computer code, or any other materials, regardless of what your communication says:
You acknowledge that we will not be responsible for any damages suffered as a result of using the Service or copying, distributing, or downloading Content from the Service.
Under no circumstances will you or we be liable for any indirect, punitive, special, incidental, or consequential damages (including loss of business, revenue, profits, use, privacy, data, goodwill, or other economic advantage), regardless of how it arises, whether in contract or tort (including negligence), even if the party in question has been previously advised of the possibility of such damage.
You are solely responsible for adequately securing and backing up the data, Content, and/or equipment used in connection with your use of the Service and will not make a claim against us for lost data, time, inaccurate instructions, work delays, or lost profits resulting from the use of the Service. You may not assign or otherwise dispose of your account to any other person.
You will indemnify us for any loss suffered by us arising out of your breach of these terms of service, or a third-party claim against us arising out of your Content;
In no event will our liability to you under or in connection with these terms of service or the Service exceed the greater of the fees actually paid by you at the time the liability allegedly arose. This limitation applies regardless of whether your claim against us is based on contract, negligence, other torts, or otherwise.
Your use of the Service is at your own risk. The Service is provided 'AS IS' and 'AS AVAILABLE'. The Service is provided without warranties of any kind, whether express or implied, including, among others, uptime or availability, or implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
We make no warranties about the Service: We, our subsidiaries, affiliates, and licensors do not warrant or represent that:
This disclaimer applies to any damage or harm caused by any failure in performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access or alteration or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behavior, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the content included in the Service for any purpose. Therefore, any reliance you place on such information is strictly at your own risk. We disclaim any warranty, representation, or guarantee, whether express or implied, as to the effectiveness or profitability of the Service or that the operation of the Service will be uninterrupted or error-free. We are not responsible for the consequences of any interruption or error in the Service.
At times, we may include as part or as a complement of the Service access to specific features or other services provided by third parties (for example, a payment portal).
These terms of service apply to the fullest extent permitted by law. Nothing in these terms of service is intended to exclude, restrict or modify any rights you may have under any law, which cannot be excluded, restricted, or modified by agreement.
Unless we specifically state otherwise, we do not endorse (nor make any warranty or representation in relation to) any third-party product or service, and your use of that third-party product or service may be subject to separate terms and conditions which you are responsible for reviewing and accepting. You will comply with the terms and conditions you separately agreed to comply with or we indicate that you must comply with any third-party service you use in conjunction with the Service. If you do not agree with the third-party terms and conditions, we may suspend or cancel your user account or limit the relevant functionality.
If you fail to comply with any of these terms of service, we may suspend or terminate your user account or limit the functionality of the Service you have access to. Depending on the nature of the breach, we may not use this right to suspend or cancel, but if there is repeated non-compliance on your account, or a material breach, we are likely to do so.
If you have any issues with the performance of the Service, or anything else related to these terms of service, please let us know by emailing us at hello@atom.bio. Once we receive a Notice of Problem, you and we will use all reasonable efforts to resolve the issue in good faith. Neither of us will initiate any legal proceedings or take any formal or public action in relation to the issue until we have spent at least 1 month from the date of the Notice of Problem trying to resolve the issue in good faith.
ATOM.BIO uses Stripe as a payment gateway, and any information provided by the donor or the recipient may be stored in Stripe to enhance the user experience.
Donation is considered an act of giving, which inherently means that the donor does not expect any kind of response, physical object, or action in return from ATOM.BIO or the recipient of the donation.
In the event that a user requesting a donation says or suggests that they will provide any kind of service or object, it is their responsibility to do so. ATOM.BIO is not responsible for any discussion or dispute between the donor and the donated bio, but will do its best to resolve the conflict.
ATOM.BIO allows you to offer your own products or services to end visitors, whether for free or for a fee. In any case:
in addition to the costs associated with the use of payment gateways such as, https://stripe.com/es/pricing ATOM.BIO will apply a marketing commission, which will depend on the applicable rates at each moment.
ATOM.BIO does not endorse any third-party product or service unless clearly stated. Any use of such third-party product or service will be subject to a different set of terms and conditions that you are required to read and accept.
No refunds: ATOM.BIO does not issue refunds for any amount received by third parties from you. This is particularly applicable when you hire services that are provided or managed by third parties or when we provide you with a service directly and it has already started being executed.
Account suspension or cancellation: In case you do not agree with the terms and conditions of the third party, ATOM.BIO may cancel or suspend your user account or restrict account functionality.
If you wish to make a payment for any product and/or service or make a donation available through ATOM.BIO, you may need to provide certain specific payment-related information, such as your credit card number, your credit card expiration date, billing address, and shipping information.
You declare and warrant that: (i) you have the legal obligation to use payment methods that include, among others, credit cards related to any donation or payment; and (ii) the information you have provided is accurate, updated, and true.
ATOM.BIO is free to seek third-party services solely for the purpose of facilitating payments or donations and completing a purchase. By providing your information, you allow us to provide the information to these third parties subject to our Privacy Policy.
ATOM.BIO reserves the right to refuse and/or cancel your service request at any time for the following reasons: service or product availability, errors in product or service pricing and description, errors in your order, and any other reason.
ATOM.BIO reserves the right to reject your order in case of suspicion of fraud or unauthorized or illegal transaction.
