Website Terms of Use

ATMOSPHERIK INC.

Website Terms of Use

Effective Date: September 30, 2026

Last Updated: September 30, 2026

Supersedes: Website Terms of Use dated September 9, 2026

These Website Terms of Use ("Terms") govern your access to and use of the Atmospherik marketing websites at atmospherik.ai, atmospherik.io, and related domains (together, the "Site"). The Site is operated by Atmospherik Inc., a Delaware corporation ("Atmospherik," "we," "us," or "our").

Access to Atmospherik’s commercial products, including Rik and Rik Works, and any associated data services, is governed by a separate written Master Services Agreement, order form, or statement of work signed between Atmospherik and a client organization. These Terms do not grant any right to use those products and do not create any client relationship.

By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy, Cookie Policy, and Your Privacy Choices page, each of which is incorporated into these Terms by reference and reachable at any time from the "Your Privacy Choices" link in the persistent footer on every page of atmospherik.ai. If you do not agree to these Terms, do not use the Site.

IMPORTANT NOTICE: SECTION 16 OF THESE TERMS CONTAINS A BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS AND REPRESENTATIVE ACTIONS AND OF JURY TRIAL. PLEASE READ IT CAREFULLY.

These Terms cover visitors to the Site, including prospective clients, partners, journalists, investors, and members of the public. They do not create a subscription, an account, a membership, or a user community. The Site does not accept user-generated content and does not provide a self-service product surface. Where the Site invites you to submit information, for example, a contact form or a request to be introduced to our team, that submission is governed by these Terms and by our Privacy Policy, and by submitting it you agree to both.

We grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for your own informational and evaluation purposes. You may:

• read, print, and download individual pages for your internal reference;
• submit a contact request or subscribe to communications where offered; and
• download materials (whitepapers, case studies, briefs) that we explicitly make available for download, subject to any additional terms shown alongside them.

Any other use of the Site, including reproduction, distribution, modification, public display, or the creation of derivative works, requires our prior written permission.

You will not, and will not permit any third party to:

• use the Site in a way that violates any applicable law or regulation, or that infringes any third party’s rights;
• attempt to gain unauthorized access to any part of the Site, any Atmospherik system, or any account, whether by circumventing authentication, exploiting a vulnerability, or otherwise;
• introduce any virus, worm, trojan, ransomware, or other malicious code to the Site or use the Site to distribute the same;
• impersonate any person or misrepresent your affiliation with any person or entity;
• use any robot, scraper, headless browser, dataset-extraction tool, or any automated means to collect information from the Site, other than for the limited purpose of indexing publicly accessible pages for a generally available search engine or as permitted by our robots.txt file;
• use the Site or any content on the Site to train, fine-tune, evaluate, or otherwise develop any machine-learning model or dataset, whether for your own use or for the benefit of any third party, without our prior written permission or as permitted by our robots.txt file;
• frame, mirror, or hot-link the Site or any material on the Site in a way that misrepresents the source or misleads users about the relationship between you and Atmospherik;
• impose an unreasonable or disproportionately large load on our infrastructure, or interfere with the availability of the Site for other users; or
• probe, scan, or test the vulnerability of the Site except under a written coordinated-disclosure or bug-bounty engagement with us.

Nothing in this Section restricts your rights under any applicable mandatory law, including your rights to interoperability, security research, or text-and-data-mining exceptions as provided by that law.

If you submit a contact request or otherwise provide us your contact details, you agree that we may respond to your request and, subject to your consent where required by law, send you related product, event, and company updates. You can withdraw consent or object to direct marketing at any time by using the unsubscribe link in any marketing email, through the mechanisms on the Your Privacy Choices page, or as otherwise described in the Privacy Policy.

The Site, including its text, code, images, video, audio, graphics, layout, and organization, is owned by Atmospherik or its licensors and is protected by copyright and other applicable laws. The names "Atmospherik," "Rik," "Rik Works," "Borealis," and "RikID," together with all versioned variants of them (including numbered releases, generation labels, and successor names identified as such by Atmospherik), and any associated logos, wordmarks, and product designations (together, the "Atmospherik Marks"), are used by Atmospherik to identify its company and offerings. Nothing in these Terms transfers to you any ownership interest in the Site or the Atmospherik Marks, and nothing in these Terms grants you any license to any of them.

If you send us comments, suggestions, or other feedback about the Site or our products, you grant us a perpetual, worldwide, royalty-free, non-exclusive license to use that feedback for any purpose, without any obligation to you. We will not identify you as the source of the feedback without your permission.

The Site may contain links to third-party websites, services, or resources. Those links are provided for convenience only. We do not control third-party sites and are not responsible for their content, terms, or privacy practices. Your use of third-party sites is at your own risk and subject to their terms.

The Site is provided on an as-is basis. We may add, change, suspend, or discontinue any part of the Site at any time, with or without notice. We are not liable to you for any change, suspension, or discontinuation of the Site or any portion of it. Sections of the Site (including demonstration environments) may be made available only in specified jurisdictions; those restrictions will be shown alongside the feature and, if applicable, enforced by geolocation.

You must be at least 18 years old to use the Site. The Site is not directed to children under 13 (or the higher age set by applicable law), and we do not knowingly collect personal information from children, see the Privacy Policy for details.

The Site is intended for, and directed to, persons and businesses located in the United States and business visitors from the United Kingdom. Atmospherik’s products, including Rik and Rik Works, are currently offered only in the United States. The Site is provided from and hosted in the United States. If you access the Site from outside the United States, you do so on your own initiative, and any information you provide will be processed in the United States as described in the Privacy Policy.

Content on the Site is provided for informational purposes only. It is not legal, financial, tax, medical, marketing-compliance, or other professional advice, and is not a substitute for the advice of qualified professionals. Any performance, incrementality, or measurement figures shown on the Site are illustrative and represent past outcomes for specific engagements; they are not a forecast or a guarantee of results for any other engagement.

Atmospherik may publish or make available on the Site technical, architectural, or design documents describing proposed or in-development capabilities, including material relating to Borealis and other product frameworks. Where such a document is marked "proposed," "in development," or otherwise as forward-looking, it describes an intended state and does not describe capabilities that exist today. Nothing in such a document creates any commitment, warranty, service level, or entitlement of any kind, and no such document may be relied upon as a representation of current product function. Any use of an Atmospherik product remains governed by the applicable Master Services Agreement, order form, or statement of work.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT AND MATERIALS ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY SERVER MAKING IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ATMOSPHERIK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. OUR TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

Nothing in this Section limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, and for any other matter for which liability cannot lawfully be limited.

You will indemnify, defend, and hold harmless Atmospherik and its officers, directors, employees, agents, licensors, and suppliers from and against any third-party claim, demand, loss, damage, cost, or expense (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Site in violation of these Terms, (b) your infringement of any third party’s rights, or (c) your violation of any applicable law in connection with your use of the Site.

We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms. Sections 5, 6, 10, 11, 12, 13, 14, 15, and 16 will survive termination.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Any dispute arising out of or related to these Terms or the Site that is not resolved by arbitration under Section 16 will be brought exclusively in the Court of Chancery of the State of Delaware or, where that court lacks subject-matter jurisdiction, in the other state or federal courts located in Delaware, and each of us submits to the personal jurisdiction of those courts. Any arbitration under Section 16 will be seated in New York, New York.

Nothing in this Section or in Section 16 deprives you of any right that cannot be waived under the mandatory law that applies to you. If you are a consumer who lives in the United Kingdom, you may also bring proceedings in the courts of the part of the United Kingdom where you live.

Arbitration. Any dispute, claim, or controversy arising out of or related to these Terms or your use of the Site, including any question about the scope or enforceability of this Section, will be resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures in effect at the time of filing, before a single arbitrator. The arbitration will be seated in New York, New York, as provided in Section 15, and the arbitrator may hold hearings by video conference or on written submissions where appropriate. Judgment on the award may be entered in any court of competent jurisdiction. The arbitration and the award will be confidential, except as disclosure is required by law or to enforce the award.

Class-Action Waiver. To the fullest extent permitted by applicable law, you and Atmospherik each agree to bring any dispute in arbitration on an individual basis only, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator has no authority to consolidate claims or to preside over any form of representative or class proceeding. If this waiver is found unenforceable as to a particular claim, that claim will proceed in court under Section 15 and not in arbitration.

Jury-Trial Waiver. To the fullest extent permitted by applicable law, you and Atmospherik each waive any right to a trial by jury in any proceeding arising out of or related to these Terms or the Site that is heard in court rather than in arbitration.

Equitable Relief. Nothing in this Section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property, confidential information, or the security or integrity of the Site, before or during arbitration.

Consumers. If you are using the Site as an individual for personal, family, or household purposes rather than on behalf of a business, the following additional terms apply to you: (a) you will pay no more than the consumer fee permitted by the JAMS consumer arbitration minimum standards (currently $250), and Atmospherik will pay all other JAMS filing, administrative, and arbitrator fees; (b) hearings will be held by video conference or on written submissions unless you and the arbitrator agree otherwise; (c) either party may instead bring an individual claim in small-claims court; and (d) you may opt out of this Section by sending written notice to legal@atmospherik.ai within thirty (30) days after you first use the Site, stating your name, the email address you used on the Site, and that you opt out of arbitration. If you opt out, disputes are governed by Section 15 alone. If you are a consumer who lives in the United Kingdom, this Section 16 does not apply to you, and disputes are governed by Section 15.

We may update these Terms from time to time. When we do, we will change the "Last Updated" date at the top of these Terms and, for material changes, we will provide additional notice on the Site. Your continued use of the Site after an update takes effect constitutes your acceptance of the updated Terms.

These Terms, together with the Privacy Policy, Cookie Policy, and Your Privacy Choices page, are the entire agreement between you and Atmospherik concerning your use of the Site and supersede any prior or contemporaneous communications on that subject. If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect. Our failure to enforce any provision of these Terms is not a waiver of that provision. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. There are no third-party beneficiaries to these Terms.

Atmospherik Inc.

Attn: Legal

5 Greenwich Office Park, Suite 100

Greenwich, CT 06831

United States

Email: legal@atmospherik.ai