Terms of Use

These Terms of Use (“Terms”) govern your access to and use of atomapparel.store (the “Website”), operated by ATOM APPAREL (“we,” “us,” or “our”). Your purchases are governed by our Terms of Service, and your personal data by our Privacy Policy.

Section 13 contains a binding arbitration agreement and a class-action waiver that affect your legal rights. Please read it carefully. You may opt out within 30 days.

1. Acceptance and Eligibility

By using the Website, you agree to these Terms. If you do not agree, please do not use it. We may update these Terms from time to time; for material changes we will post a notice and, where appropriate, ask you to accept the updated Terms. Your continued use after changes take effect constitutes acceptance. You must be at least 18 (or the age of majority in your jurisdiction, if higher) to use the Website. The Website is not directed to children, and we do not knowingly collect data from anyone under 13.

2. Accounts and Security

If you create an account, you are responsible for keeping your credentials secret and for all activity under your account. Please email support@atomapparel.store immediately if you suspect unauthorized access. We may suspend or close accounts that violate these Terms.

3. Acceptable Use

You agree not to:

• break any law, or use the Website to send spam or to impersonate anyone;
• scrape, crawl, or otherwise access the Website by automated means without our written consent;
• introduce malware, attempt to gain unauthorized access, or interfere with the security or operation of the Website; or
• reverse-engineer the Website, or copy any source code, design, or content for resale or commercial use.

4. Intellectual Property; Limited License

Everything on the Website—text, images, design, code, and the ATOM APPAREL name and logo—belongs to us or our licensors and is protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Website for your personal, non-commercial purposes. Any other use requires our prior written permission.

5. User Content and Feedback

If you submit reviews, photos, or other content (“User Content”), you keep your rights in that content but grant us a worldwide, royalty-free, perpetual, non-exclusive, sublicensable license to use, reproduce, display, distribute, and create derivative works of it in connection with the Website and our marketing. You represent that you own or have the rights to your User Content and that it does not infringe anyone’s rights or violate any law. We may, but are not obligated to, monitor, remove, or refuse User Content at our discretion. If you send us suggestions or feedback, we may use them without obligation or compensation to you.

6. Copyright Policy (DMCA)

We respect intellectual-property rights and respond to notices of alleged infringement under the Digital Millennium Copyright Act (DMCA). If you believe content on the Website infringes your copyright, please send a written notice to our Designated Agent that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and its location; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act. We may remove allegedly infringing material and terminate repeat infringers’ accounts. If your material was removed, you may submit a counter-notice.

7. Third-Party Links and Services

The Website may link to or integrate third-party sites and services. We are not responsible for their content, products, or practices—please review their terms and privacy policies separately. Your dealings with third parties are solely between you and them.

8. Disclaimer of Warranties

THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ATOM APPAREL IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE. OUR TOTAL LIABILITY FOR WEBSITE-RELATED CLAIMS IS CAPPED AT US$100. LIABILITY FOR PRODUCTS IS GOVERNED BY THE TERMS OF SERVICE. NOTHING HERE EXCLUDES LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

10. Indemnification

You agree to indemnify and hold harmless ATOM APPAREL and its affiliates, officers, and employees from any claim, loss, or expense (including reasonable legal fees) arising from your breach of these Terms or any law, your User Content, or your infringement of another party’s rights.

11. Termination

We may suspend or terminate your access to the Website at any time, with or without notice, if you violate these Terms or for any other legitimate reason. Upon termination, the provisions that by their nature should survive will continue to apply.

12. Informal Dispute Resolution

Before starting an arbitration or court proceeding, you and we agree to try to resolve the dispute informally for at least 60 days. To begin, send a written Notice of Dispute to support@atomapparel.store (or, from us to you, to your account email) describing the dispute and the relief sought. You and a representative of ATOM APPAREL will attempt in good faith to resolve it, including, if requested, by an individual telephone or video conference. This informal-resolution requirement is a condition precedent to arbitration, and any applicable limitations period is tolled while the parties comply with it.

13. Binding Arbitration; Class-Action Waiver

13.1 Agreement to arbitrate. You and ATOM APPAREL agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Website that is not resolved informally will be settled by binding individual arbitration, rather than in court, except as set out below. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

13.2 Arbitration rules and forum. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (and, where applicable, its Mass Arbitration Supplementary Rules), as modified by these Terms. The arbitration will take place in California or, at your option, remotely or in your county of residence. The arbitrator may award the same individual relief a court could.

13.3 Delegation. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that it is void or voidable—except that a court, not an arbitrator, has exclusive authority to decide the enforceability of the Class-Action Waiver in Section 13.4.

13.4 Class-action and jury waiver. YOU AND ATOM APPAREL AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND ATOM APPAREL WAIVE ANY RIGHT TO A JURY TRIAL.

13.5 Mass and coordinated arbitrations. If 25 or more similar Notices of Dispute or demands for arbitration are submitted by or with the coordination or assistance of the same or coordinated counsel or entities, the parties agree the demands will be administered in sequential batches of up to 50 demands each (with any remainder in a final batch). The parties will cooperate with the AAA to assign one arbitrator per batch, to hold a single administrative and pre-hearing process per batch, and to pay one set of administrative fees per batch. A court may enforce this provision, including by enjoining the filing or administration of demands other than in batches. Limitations periods and filing deadlines are tolled for demands awaiting their batch. This provision does not authorize class arbitration.

13.6 Fees and costs. Payment of filing, administration, and arbitrator fees is governed by the AAA rules; we will pay or reimburse the fees those rules require us to bear. Each party is otherwise responsible for its own attorneys’ fees, unless the arbitrator awards them under applicable law.

13.7 Exceptions. Either party may (a) bring an individual claim in small-claims court, or (b) seek injunctive or other equitable relief in court to stop infringement or misuse of intellectual property. Seeking such relief does not waive the right to arbitrate other disputes.

13.8 30-day opt-out. You may opt out of this arbitration agreement and the Class-Action Waiver by emailing support@atomapparel.store within 30 days of first accepting these Terms, including your name, address, and a clear statement that you want to opt out of arbitration. Opting out will not affect any other part of these Terms.

13.9 Severability and blow-up. If the Class-Action Waiver in Section 13.4 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and brought in the courts identified in Section 14, and the remaining claims will proceed in arbitration. If any other part of this Section is found unenforceable, it will be severed and the rest will remain in effect; if the entire arbitration agreement is found unenforceable, disputes will be resolved in the courts identified in Section 14.

13.10 Survival. This Section survives termination of your relationship with us and any changes to these Terms.

14. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any dispute not subject to arbitration will be resolved exclusively in the state or federal courts located in California, and you consent to their jurisdiction. Claims must be filed within one year, to the fullest extent permitted by law (this limit does not apply where prohibited).

15. General Provisions

Entire agreement. These Terms, together with our Terms of Service and Privacy Policy, are the entire agreement between you and us regarding the Website and supersede prior understandings.

Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will stay in effect.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our consent; we may assign them freely, including in a merger, acquisition, or sale of assets.

Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.

Notices. We may give notice by posting on the Website, by email, or through your account; you may contact us at the address below.

Relationship. Nothing in these Terms creates any agency, partnership, or joint venture between you and us.

Headings. Headings are for convenience only and do not affect interpretation.

16. Changes and Contact

We may revise these Terms; the updated version is effective when posted, and we will update the “Last updated” date above. Material changes will be highlighted on the Website.