Terms of Service

01What these Terms cover (and what they don't)

These Terms govern your use of the Website only — browsing, reading content, submitting inquiries, subscribing to communications, downloading materials, and similar activities.

These Terms do not govern the services we provide to clients. If you engage Atomic Design for a project, retainer, audit, or any other professional service, those services are governed by a separate written agreement between you and Atomic Design (a “Services Agreement”).

If you are an Atomic Design client under a separate Services Agreement, these Terms still apply to your use of the Website. The Services Agreement governs the specific services we provide to you; these Terms govern your use of the Website itself. In case of conflict between these Terms and a Services Agreement on any specific matter, the Services Agreement controls for that matter.

02Eligibility

You must be at least 18 years old to use the Website. By using the Website, you represent that you are 18 or older and that you have the legal capacity to enter into these Terms.

If you are using the Website on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to both you individually and the organization.

03Use of the Website

You may use the Website for lawful purposes only. You agree not to:

• Use the Website in any way that violates applicable federal, state, local, or international law
• Use the Website to transmit any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
• Attempt to gain unauthorized access to any portion of the Website, related systems, or other accounts
• Use automated tools (bots, crawlers, scrapers, harvesters) to extract data from the Website without our prior written permission, except for legitimate search engine indexing
• Probe, scan, or test the vulnerability of the Website or its systems
• Interfere with or disrupt the Website's operation, servers, or networks
• Impersonate Atomic Design, our employees, or any other person or entity
• Use the Website to develop, train, fine-tune, or evaluate any artificial intelligence model without our prior written consent
• Frame, mirror, or inline the Website in another site without our prior written permission
• Reverse engineer, decompile, or attempt to extract the source code of any software powering the Website

We may suspend or terminate your access to the Website at any time, with or without notice, if we believe you have violated these Terms.

04Intellectual property

The Website and all of its content — including text, graphics, images, logos, videos, code, design, layout, and the selection and arrangement of content — are owned by Atomic Design or our licensors and are protected by U.S. and international copyright, trademark, trade dress, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and view the Website for personal, non-commercial purposes. You may not:

• Reproduce, modify, distribute, publicly display, publicly perform, or create derivative works from the Website's content
• Use the Website's content for commercial purposes
• Use any of our trademarks, logos, or service marks (“Marks”) without our prior written permission
• Remove any copyright, trademark, or other proprietary notices from the Website

Trademarks owned by third parties displayed on the Website are the property of their respective owners.

05Your submissions

If you submit information through the Website — including inquiries, form responses, comments, project descriptions, or other materials (“Submissions”) — you represent that the Submissions are accurate, that you have the right to provide them, and that they do not violate the rights of any third party.

You grant Atomic Design a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, and distribute the Submissions for purposes of providing or improving our services, responding to your inquiry, and operating our business. This license does not apply to personal information, which is governed by our Privacy Policy.

We have no obligation to maintain confidentiality of Submissions unless we agree to do so in writing. Do not submit confidential information through Website forms. This does not affect our obligations under applicable privacy and data protection laws or our Privacy Policy with respect to personal information.

06Links to third-party websites

The Website may link to third-party websites or services. We do not control those sites, do not endorse their content, and are not responsible for their availability, accuracy, or practices. Your use of any linked site is at your own risk and subject to that site's own terms and privacy policy.

07Disclaimer of warranties

THE WEBSITE AND ALL CONTENT, MATERIALS, AND INFORMATION ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ATOMIC DESIGN DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND SECURITY.

ATOMIC DESIGN DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT, AND WE MAY UPDATE OR CHANGE CONTENT AT ANY TIME WITHOUT NOTICE.

Performance disclaimer. Atomic Design provides marketing, design, SEO, content, and AI-related services. While we work to deliver measurable results for our clients, we do not guarantee specific outcomes — including, without limitation, specific search engine rankings, AI search citations, conversion rates, lead volumes, traffic numbers, or revenue results. Search engine and AI platform algorithms are controlled by third parties, change frequently, and are outside our control. Our recommendations and services are intended to improve outcomes through legitimate, best-practice methods consistent with applicable platform guidelines.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the above disclaimers may not apply to you.

08Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATOMIC DESIGN AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, LOST OPPORTUNITY, OR COST OF SUBSTITUTE SERVICES — ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNT YOU HAVE PAID ATOMIC DESIGN FOR USE OF THE WEBSITE IN THE TWELVE MONTHS PRECEDING THE CLAIM.

This limitation applies regardless of the legal theory on which the claim is based (contract, tort, strict liability, statutory, or otherwise). For limits on liability under a Services Agreement, refer to that agreement.

Some jurisdictions do not allow the limitation of certain damages. In those jurisdictions, the above limitations may not apply to you.

09Indemnification

You agree to indemnify, defend, and hold harmless Atomic Design and our affiliates, officers, directors, employees, agents, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Website
• Your violation of these Terms
• Your violation of any third party's rights (including intellectual property or privacy rights)
• Any Submissions you provide

As a condition of indemnification, we will (a) promptly notify you of any claim subject to indemnification, (b) give you sole control of the defense and settlement (provided no settlement that admits fault or imposes obligations on us will be made without our prior written consent), and (c) reasonably cooperate with you at your expense.

We reserve the right to assume the exclusive defense of any matter subject to indemnification by you, in which case you will cooperate with us as we reasonably request.

10AI tools and AI-generated content

As an AI-native agency, we may use artificial intelligence tools in operating the Website and in our internal processes. The Website may contain AI-generated or AI-assisted content. We do not represent that AI-generated content is free of errors. You should not rely on AI-generated content as a substitute for professional advice.

You may not use the Website, its content, or any information you obtain from it to train, fine-tune, or evaluate any artificial intelligence model without our prior written consent.

11DMCA and copyright complaints

Atomic Design respects the intellectual property rights of others and has registered a designated DMCA agent with the U.S. Copyright Office. If you believe content on the Website infringes your copyright, send a notice to our designated agent.

DMCA Notice. To file a DMCA notice, send a written communication to hello@atomicdesign.net with the subject line “DMCA Notice” that includes:

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
2. Identification of the copyrighted work claimed to be infringed
3. Identification of the material claimed to be infringing and its location on the Website
4. Your contact information (address, phone, email)
5. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
6. A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf

Counter-Notice. If your content was removed and you believe the removal was in error, you may submit a counter-notice to the same email address with the subject line “DMCA Counter-Notice.” Your counter-notice must include:

1. Your physical or electronic signature
2. Identification of the material removed and its location before removal
3. A statement, under penalty of perjury, that you have a good-faith belief the material was removed as a result of mistake or misidentification
4. Your name, address, and phone number
5. A statement that you consent to the jurisdiction of the federal court in the district where you reside (or, if outside the U.S., where Atomic Design is located) and that you will accept service of process from the person who provided the original DMCA notice

Repeat Infringer Policy. Atomic Design will, in appropriate circumstances, terminate the accounts or access of users who are repeat infringers of copyright.

12Termination

We may terminate or suspend your access to the Website at any time, with or without cause and with or without notice. Grounds for termination include, but are not limited to: violation of these Terms, request by law enforcement or government agency, technical or security issues, extended inactivity, or any conduct we believe is harmful to Atomic Design, our users, or others.

Upon termination, your right to use the Website immediately ends. Sections that by their nature should survive termination — including Sections 4 (Intellectual property), 5 (Your submissions), 7 (Disclaimer of warranties), 8 (Limitation of liability), 9 (Indemnification), 13 (Dispute resolution), and 14 (Governing law) — will survive.

13Dispute resolution, arbitration, and class action waiver

Please read this section carefully. It affects your legal rights.

Informal resolution first. Before filing any formal claim, you agree to contact us at hello@atomicdesign.net and attempt to resolve the dispute informally for at least sixty (60) days. Most disputes can be resolved this way.

Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or your relationship with Atomic Design that is not resolved informally — except as specifically excluded below — will be resolved by binding individual arbitration administered by JAMS under the JAMS Streamlined Arbitration Rules and Procedures (for claims under $250,000) or the JAMS Comprehensive Arbitration Rules and Procedures (for claims of $250,000 or more), in effect at the time the arbitration is initiated. The arbitration will take place in Williamson County, Tennessee, or by remote videoconference if both parties agree.

JAMS Consumer Minimum Standards. For arbitrations involving consumer disputes, Atomic Design will comply with the JAMS Consumer Arbitration Minimum Standards, including the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness.

Arbitration fees. Atomic Design will pay all arbitration administrative and arbitrator fees that exceed what you would have paid in filing fees if the dispute had been filed in court, except where the arbitrator determines the claim was frivolous or brought in bad faith.

Class action waiver. YOU AND ATOMIC DESIGN AGREE THAT ANY ARBITRATION WILL BE CONDUCTED IN INDIVIDUAL CAPACITY ONLY, NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CONSOLIDATED ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. YOU AND ATOMIC DESIGN WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION.

Jury trial waiver. YOU AND ATOMIC DESIGN WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY CLAIM SUBJECT TO ARBITRATION OR THAT FALLS WITHIN THE EXCLUSIONS BELOW.

Exclusions. The following are not subject to arbitration: (a) claims for injunctive relief to stop infringement of intellectual property rights, (b) small claims court matters (if the claim qualifies for that court's jurisdiction and is filed individually), and (c) any other matter that cannot lawfully be subject to arbitration.

Opt-out of arbitration. You may opt out of this arbitration agreement by sending written notice to hello@atomicdesign.net within thirty (30) days of first agreeing to these Terms. The notice must include your full name, address, and a clear statement that you do not wish to resolve disputes by arbitration. If you opt out, you remain bound by the rest of these Terms, including the class action waiver and jury trial waiver for any non-arbitrable claims.

Severability of this section. If any part of this Section 13 is found unenforceable, that part will be severed and the rest will remain in effect. If the class action waiver is found unenforceable as to a particular claim or remedy, only that claim or remedy will proceed in court — the rest will remain in arbitration.

14Governing law and venue

These Terms are governed by the laws of the State of Tennessee, without regard to its conflict of law principles. Subject to Section 13 (Dispute resolution), any claim not subject to arbitration will be brought exclusively in the state or federal courts located in Williamson County, Tennessee, and you consent to the personal jurisdiction of those courts.

15Changes to these Terms

We may update these Terms from time to time. When we do, we'll update the “Last Updated” date at the top. Material changes include, without limitation, changes to fees, the arbitration agreement, the limitation of liability, or how we use personal information.

If we make material changes, we will provide additional notice — such as a prominent banner on the Website or, where required, individual notice. For material changes to the arbitration agreement in Section 13, your continued use of the Website constitutes acceptance only after we have provided you with at least 30 days' notice of the change. During the 30-day notice period, you may opt out of the new arbitration terms by sending written notice as described in Section 13.

Material changes to the arbitration agreement in Section 13 will not apply retroactively to disputes that arose before the change.

Your continued use of the Website after a material change takes effect (combined with the notice we provide) constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, stop using the Website.

Previous versions of these Terms are available upon request by emailing hello@atomicdesign.net.

16Miscellaneous

Entire agreement. These Terms, together with our Privacy Policy and any Services Agreement you have signed with us, constitute the entire agreement between you and Atomic Design regarding the subject matter and supersede all prior or contemporaneous understandings.

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be limited to the minimum extent necessary, and the remaining provisions will remain in full effect.

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

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms at any time, with or without notice.

No agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Atomic Design.

Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or utility failures, or pandemic.

Notices. Notices to Atomic Design under these Terms must be sent by certified mail to the address in Section 17, with a copy by email to hello@atomicdesign.net. Notices to you will be sent to the most recent email address you provided to us, or, if none, to your last known mailing address.

Electronic signatures. You agree that electronic acceptance of these Terms (including by clicking “I agree” or by continued use of the Website) constitutes a binding electronic signature under the federal Electronic Signatures in Global and National Commerce Act (ESIGN) and similar state laws.

No third-party beneficiaries. These Terms do not confer any rights or remedies on any person other than you and Atomic Design.

Headings. Section headings are for convenience only and have no legal effect.

17Contact us

Questions about these Terms: