Terms & Conditions

Agreement to these terms

These Terms & Conditions ("Terms") are a legal agreement between you, or the organisation you represent ("you", "your", or "Customer"), and Atomexa Labs ("Atomexa Labs", "we", "us", or "our"), a business-software company based in Sri Lanka.

They apply to your use of atomexalabs.com, any related pages, and our products and services (together, the "Services"). By accessing or using the Services, submitting an enquiry, or entering into an order with us, you agree to these Terms. If you do not agree, do not use the Services.

Where you enter into a separate written agreement or order form with us, that agreement takes precedence over these Terms to the extent of any conflict.

Definitions

• "Services" — the Atomexa Labs website and the software products we make available, including Atomexa Connect (WhatsApp automation), Atomexa CRM, Atomexa Flow (business automation), and Atomexa AI, together with related support.
• "Customer Data" — data, including personal data, that you or your users submit to or process through the Services.
• "Order" — an order form, quote acceptance, or written statement of the Services you have subscribed to and the fees payable.
• "User" — an individual you authorise to use the Services on your behalf.

The services

We provide AI-assisted WhatsApp automation, CRM, and business automation software for businesses. Specific features, capacity, and support levels are those described in your Order or, for the website, as made available from time to time.

We may update, improve, or modify the Services. We aim to give reasonable notice of any change that materially reduces core functionality of a paid Service during your subscription term.

Eligibility & accounts

The Services are intended for businesses and for individuals who are at least 18 years old and able to enter into a binding contract. By using the Services you confirm that you meet these requirements and, if acting for an organisation, that you are authorised to bind it to these Terms.

You are responsible for:

• the accuracy of the information you provide to us;
• keeping login credentials confidential and secure;
• all activity that takes place under your account or Users;
• promptly notifying us of any suspected unauthorised use.

Acceptable use

You agree not to, and not to allow any User or third party to:

• use the Services in breach of any applicable law, or in breach of the terms, policies, or rules of any messaging platform (including WhatsApp and the Meta platform policies);
• send spam, or unsolicited or unlawful messages, or contact people who have not given the consent required for the messages you send;
• upload or transmit malware, or attempt to gain unauthorised access to the Services, other accounts, or our systems;
• probe, scan, or test the vulnerability of the Services, or circumvent any security or usage limit, without our written permission;
• reverse engineer, decompile, or attempt to derive source code from the Services, except to the extent that restriction is prohibited by law;
• resell, sublicense, or provide the Services to a third party except as expressly permitted in your Order;
• use the Services to build a competing product, or to carry out benchmarking for a competitor.

We may suspend access, in whole or in part, where we reasonably believe the Services are being used in breach of this section, where required to protect the Services or other customers, or where directed by a platform provider or authority. We will restore access once the issue is resolved.

Customer data & privacy

As between you and us, you own Customer Data. You grant us a non-exclusive licence to host, process, and transmit Customer Data as needed to provide and support the Services and as instructed by you.

You are responsible for Customer Data and for having the necessary rights, consents, and lawful basis to collect it and to have us process it, including consent for messages sent through the Services. Where we process personal data on your behalf, we do so as a processor under your instructions; you act as the controller.

Our handling of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference.

Third-party services

The Services interoperate with third-party platforms and services, including the WhatsApp Business Platform and other Meta products, payment providers, and infrastructure providers. Your use of those third-party services is governed by their own terms, and their availability and behaviour are outside our control.

We are not responsible for any third-party service, and a change, suspension, or discontinuation of a third-party platform that affects the Services is not a breach of these Terms by us.

Fees & payment

Fees for paid Services are set out in your Order or agreed quote. Unless the Order says otherwise:

• fees are stated exclusive of taxes, and you are responsible for applicable taxes, duties, and bank or transfer charges;
• invoices are payable within the period stated on the invoice;
• fees are non-refundable except where these Terms or the Order expressly provide otherwise, or as required by law;
• we may suspend the Services for non-payment after giving you notice and a reasonable opportunity to pay.

Third-party charges — for example messaging fees charged by WhatsApp or Meta — are separate from our fees and are your responsibility unless your Order states that we bill them on your behalf.

Intellectual property

We and our licensors own all rights in the Services, including all software, documentation, branding, and the Atomexa name and logo. These Terms do not transfer any of those rights to you. We grant you a limited, non-exclusive, non-transferable right to access and use the Services during your subscription term for your internal business purposes, subject to these Terms and your Order.

If you give us feedback or suggestions about the Services, you agree we may use them without restriction or obligation to you.

Confidentiality

Each party may receive information of the other that is marked confidential or that a reasonable person would understand to be confidential ("Confidential Information"). The receiving party will use Confidential Information only to exercise its rights and perform its obligations under these Terms, and will protect it with at least reasonable care. This does not apply to information that is public through no fault of the receiving party, was already known to it, is independently developed, or is lawfully received from a third party. A party may disclose Confidential Information where required by law, giving reasonable notice where permitted.

Warranties & disclaimers

We will provide the Services with reasonable skill and care. Except as expressly stated in these Terms or your Order, and to the fullest extent permitted by law, the Services are provided "as is" and "as available", and we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components, or that they will meet your requirements, or that results obtained through automation or AI features will be accurate or complete. You are responsible for reviewing outputs before relying on them.

Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data, arising out of or related to these Terms or the Services, even if advised of the possibility.

To the fullest extent permitted by law, each party's total aggregate liability arising out of or related to these Terms will not exceed the total fees paid or payable by you for the Services in the twelve months before the event giving rise to the claim.

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud, or for death or personal injury caused by negligence.

Indemnification

You will defend and indemnify Atomexa Labs against third-party claims, and reasonable costs and damages finally awarded, arising from your Customer Data, your use of the Services in breach of these Terms or applicable law, or your breach of a third-party platform's terms.

Term & termination

These Terms apply while you use the Services. A paid subscription runs for the term stated in your Order and renews only as that Order provides.

Either party may terminate for cause if the other materially breaches these Terms and does not cure the breach within 30 days of written notice. We may suspend or terminate access immediately where required by law, by a platform provider, or to protect the Services or other customers.

On termination, your right to use the Services ends. You may request export of Customer Data within 30 days of termination, after which we may delete it in the ordinary course, subject to any retention required by law. Terms that by their nature should survive termination will survive.

Changes to the services or terms

We may update these Terms from time to time. When we make a material change, we will update the "Last updated" date above and, where reasonable, give notice by email or through the Services. Changes apply from the date they are posted, or from a later stated effective date. Your continued use of the Services after that date means you accept the updated Terms.

Governing law & general

These Terms are governed by the laws of Sri Lanka, and the courts of Sri Lanka have exclusive jurisdiction over any dispute, without prejudice to any right we have to seek injunctive relief in any competent court.

• Entire agreement — these Terms and your Order are the entire agreement between the parties on their subject matter and supersede prior discussions.
• Severability — if any provision is held unenforceable, the rest remains in effect.
• No waiver — a failure to enforce a provision is not a waiver of it.
• Assignment — you may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Force majeure — neither party is liable for delay or failure caused by events beyond its reasonable control.
• Notices — notices to us should be sent to the address below; we may give notice to you by email or through the Services.

How to contact us

Questions about these Terms can be sent to: