1. Acceptance of Terms
1.1. The Atma Energy website located at atma-energy.com is a copyrighted work belonging to Atma Energy Inc.
1.2. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
1.3. These Terms of Use describe the legally binding terms and conditions that oversee your use of the Site. By logging into the Site, you agree to these terms, and represent that you have authority and capacity to enter into them. You must be at least 18 years old.
1.4. If you disagree with any provision of these Terms, do not log into or use the Site.
1.5. These Terms require arbitration on an individual basis (see Section 17) and limit remedies in the event of a dispute.
2. Access to the Site
2.1. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for personal, non-commercial use.
3. Restrictions on Use
3.1. You shall not:
(a) sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site;
(b) change, create derivative works of, disassemble, reverse compile or reverse engineer any part of the Site;
(c) access the Site to build a similar or competitive website; or
(d) copy, reproduce, distribute, republish, download, display, post or transmit any part of the Site except as expressly permitted.
3.2. Any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
4. Changes to the Site
4.1. Company reserves the right to change, suspend, or cease the Site with or without notice. You agree that Company will not be held liable for any change, interruption, or termination of the Site.
5. No Support or Maintenance
5.1. You agree that Company has no obligation to provide any support or maintenance in connection with the Site.
6. Intellectual Property
6.1. Except for any User Content you provide, all intellectual-property rights (including copyrights, patents, trademarks, trade secrets) in the Site and its content are owned by Company or Company’s suppliers.
6.2. These Terms and your access do not grant you any rights, title, or interest in any intellectual property except the limited access license in Section 2.1. Company and its suppliers reserve all rights not expressly granted.
7. Third-Party Links & Ads
7.1. The Site may contain links to third-party websites and/or display advertisements. Company does not control and is not responsible for any Third-Party Links & Ads. You use them at your own risk, and the third party’s terms and policies apply.
8. Other Users
8.1. Each user is solely responsible for its own User Content. Because we do not control User Content, Company is not responsible for any loss or damage from your interactions with other users. Company is under no obligation to become involved in disputes between users.
9. Release and Waiver
9.1. You hereby release and forever discharge Company (and its officers, employees, agents, successors, and assigns) from all past, present, and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions, and causes of action of every kind and nature arising directly or indirectly out of or relating to the Site.
9.2. If you are a California resident, you hereby waive California Civil Code § 1542 in connection with the foregoing.
10. Cookies and Web Beacons
10.1. Like any other website, Atma Energy uses cookies to store information including visitor preferences and pages visited. This information is used to optimize the user experience by customizing web-page content based on browser type and/or other information.
11. Annual Subscription Service
Before you purchase: the Annual Subscription renews automatically each year at US $365 unless you cancel as set out below.
11.1. Service description. “Annual Subscription Service” means the optional paid plan under which Company provides:
Reduced standard service rates;
One (1) preventative maintenance visit per 12-month term; and
Automated remote issue detection and response support.
11.2. Fees and payment. The subscription fee is US $365 per 12-month term. You will be charged in full upon enrollment and on each anniversary thereafter. Payments are processed automatically via your chosen method.
11.3. Renewal and cancellation.
Automatic renewal. Your subscription renews automatically unless you cancel before the renewal date.
How to cancel. Cancel via your online account dashboard or by emailing support@atma-energy.com at least five (5) days before renewal.
Advance notice. We’ll email you at least 30 days before renewal.
11.4. No refunds. All subscription fees are non-refundable. No credits or refunds for partial-term cancellations, unused services, or early termination.
11.5. Term; Suspension. The term begins on the initial payment date and continues for 12 months. Company may suspend or terminate subscription services for non-payment or material breach, without refund.
11.6. Limitation of Liability for Subscription Service. Company’s total liability for claims relating to the Subscription Service shall not exceed the lesser of (a) the total amount you paid to Company in the 12-month period preceding the event giving rise to the claim, or (b) the amount of direct damages actually incurred.
11.7. Governing Law; Dispute Resolution. Subscription disputes are governed by Section 17’s arbitration provisions.
11.8. Modifications. Company may modify this Section 11 (including fees or service scope) by posting revised terms on the Site and/or emailing notice at least thirty (30) days before changes take effect. Continued use after the effective date constitutes acceptance.
11.9. Contact. For questions:
Atma Energy Inc.
1430 N Flores St., Suite 200, San Antonio, TX 78212
support@atma-energy.com
11.10. Service Warranty. Company will perform maintenance services using reasonable care and skill consistent with industry standards. Your exclusive remedy for any breach of this warranty is re-performance of the deficient maintenance service.
12. Disclaimers
12.1. The Site is provided “as-is” and “as available.” Company and its suppliers disclaim all warranties—express, implied, or statutory—including merchantability, fitness for a particular purpose, title, accuracy, or non-infringement.
12.2. Company makes no guarantee the Site will meet your requirements, be uninterrupted, timely, secure, error-free, accurate, reliable, or free of harmful code. If law requires any warranties, they are limited to ninety (90) days from first use.
12.3. Some jurisdictions do not allow exclusion or limitation of implied warranties; those exclusions/limitations may not apply to you.
13. Limitation of Liability
13.1. To the maximum extent permitted by law, Company and its suppliers are not liable for lost profits, lost data, procurement costs, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these Terms or your use of the Site, even if advised of the possibility thereof. Access and use are at your own risk.
13.2. Notwithstanding anything to the contrary, Company’s total liability for damages shall not exceed the lesser of (a) the total amount you paid to Company in the 12-month period preceding the event giving rise to the claim, or (b) the amount of direct damages actually incurred. Suppliers have no liability hereunder to you.
13.3. Some jurisdictions do not allow limitation or exclusion of liability for incidental or consequential damages; those limitations/exclusions may not apply to you.
14. Term and Termination
14.1. These Terms remain in effect while you use the Site. Company may suspend or terminate your rights at any time for any reason. Upon termination, your account and access will terminate immediately, and Company may delete your User Content without liability.
14.2. Sections 2–2.5, 3, and 4–10 remain in effect after termination.
15. Copyright Policy
15.1. Company respects others’ intellectual property. We have a policy for removing infringing materials and terminating repeat infringers under 17 U.S.C. § 512(c).
15.2. To report infringement, send a written notification including:
Your signature;
Identification of the work claimed infringed;
Identification of the infringing material and location;
Sufficient information to locate the material;
Your address, telephone number, and email;
A statement of good-faith belief;
A statement of accuracy under penalty of perjury.
15.3. Misrepresentation in your notice may subject you to liability for damages, costs, and attorney’s fees under 17 U.S.C. § 512(f).
16. General
16.1. These Terms are subject to occasional revision. If we make substantial changes, we may notify you by email or by posting notice on the Site. Changes take effect 30 days after notice. Continued use indicates acceptance.
16.2. You are responsible for keeping your email address up to date.
17. Dispute Resolution
17.1. This Arbitration Agreement (Section 17) is part of your contract and affects your rights. It provides for mandatory, binding arbitration and class-action waiver.
17.2. All claims and disputes must be resolved by binding arbitration on an individual basis under the AAA Rules.
17.3. Pre-arbitration notice and informal resolution procedures apply (see original text).
17.4. Non-appearance-based arbitration and additional arbitration rules are set forth in the original text.
17.5. Waivers of jury trial, class actions, confidentiality, severability, small-claims exceptions, emergency relief, and claims not subject to arbitration are detailed in the original text.
17.6. Opt-Out. You may opt out of this arbitration agreement by sending written notice to Atma Energy at the address in Section 11.9 within thirty (30) days of first accepting these Terms; the notice must include your name, address, and a clear statement that you wish to opt out of arbitration.
17.7. Batch Arbitration Fee-Shifting. If twenty-five (25) or more similar claims are filed against Company by or with the aid of the same law firm or organization, the AAA’s mass-arbitration rules will apply; the filing party must pay all incremental filing fees and arbitrator costs that AAA would otherwise bill to Company, unless the claim is individually determined to be worth more than US $10,000.
18. Export Controls
18.1. The Site may be subject to U.S. export control laws. You agree not to export or re-export any U.S. technical data or products in violation of U.S. law.
19. Electronic Communications
19.1. Communications between you and Company use electronic means. You consent to receive communications electronically and agree that they satisfy any legal writing requirement.
20. Entire Terms
20.1. These Terms constitute the entire agreement between you and Company regarding the Site. Our failure to enforce any right or provision does not waive that right or provision. Section titles are for convenience only. “Including” means “including without limitation.” If any provision is invalid or unenforceable, the remaining provisions remain in full force. Your relationship is that of independent contractor; neither party is an agent or partner of the other. You may not assign these Terms without Company’s prior written consent; Company may freely assign.
21. Your Privacy
21.1. Please read our Privacy Policy at [link to Privacy Policy].
22. Copyright & Trademark Information
22.1. Copyright © All rights reserved. All trademarks, logos, and service marks displayed on the Site are the property of Company or third parties. You may not use any Marks without prior written consent.
23. Contact Information
23.1. Address:
1430 N Flores St., Suite 200
San Antonio, TX 78212
United States
23.2. Email: info@atma-energy.com