Terms of Service

1. Introduction

Welcome to the Polyatomic website (the "Website"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Polyatomic OÜ ("Polyatomic," "we," "us," or "our") governing your access to and use of the Website located at https://polyatomic.ai and any related services we provide through the Website (collectively, the "Services"), including our newsletter.

Please read these Terms carefully before using the Website. By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website.

If you use the Website on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" includes that entity.

2. Who We Are

Polyatomic OÜ is a company registered in the Republic of Estonia.

3. Eligibility

3.1 Age Requirements

To use the Website, you must be:

• At least 16 years of age (or the age of digital consent in your jurisdiction, if higher), OR
• If under the applicable age, have the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

By using the Website, you represent and warrant that you meet these eligibility requirements and that you have the legal capacity to enter into these Terms (or that your parent or legal guardian does so on your behalf).

3.2 Compliance with Laws

You must comply with all applicable laws and regulations in your jurisdiction when using the Website. If your use of the Website is prohibited by applicable laws, you are not authorized to use the Website.

4. Description of Services

4.1 Current Services

The Website currently provides:

• Information about Polyatomic: General information about our company, mission, and offerings
• Newsletter Subscription: The ability to subscribe to receive updates, announcements, and communications from Polyatomic via email

4.2 Future Services

We may introduce additional products, services, or features in the future. Any new services will be subject to these Terms unless we provide separate terms for those services. If separate terms apply to a specific product or service, those terms will govern in the event of a conflict.

4.3 Availability

We strive to maintain the availability of the Website, but we do not guarantee uninterrupted or error-free access. The Website may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We may modify, suspend, or discontinue any part of the Website at any time.

5. Newsletter Subscription

5.1 Subscription Process

When you submit your email address to subscribe to our newsletter:

1. You will receive a verification email at the address you provided
2. You must click the verification link in that email to confirm your subscription
3. Your subscription is only activated after you complete this verification step (double opt-in)

Unverified subscriptions are automatically deleted after 24 hours.

5.2 Your Commitments

By subscribing to our newsletter, you represent and warrant that:

• The email address you provide is valid and belongs to you
• You are authorized to receive communications at that email address
• You will not use automated systems or bots to submit subscriptions
• You will not submit false, misleading, or fraudulent information

5.3 Content of Communications

By subscribing, you agree to receive:

• Updates about Polyatomic, our products, and services
• Announcements and company news
• Information about features and improvements
• Occasional promotional content related to Polyatomic

5.4 Unsubscribing

You may unsubscribe from our newsletter at any time by:

• Clicking the unsubscribe link included in every email we send
• Contacting us at contact@polyatomic.ai with the subject "Unsubscribe Request"

Upon unsubscribing, we will stop sending you newsletter emails and will process your request promptly and in accordance with applicable law. We will mark your email address as unsubscribed and may retain a minimal record of that status to ensure we honor your request and comply with applicable law. If you would like your data deleted entirely, you can submit a request on our GDPR Rights page.

6. Intellectual Property

6.1 Our Intellectual Property

The Website and all its content, features, and functionality—including but not limited to text, graphics, logos, icons, images, audio, video, software, code, and the overall design and appearance—are owned by Polyatomic OÜ or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

The "Polyatomic" name and logo are trademarks of Polyatomic OÜ. You may not use these trademarks without our prior written consent.

6.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial purposes. This license does not include the right to:

• Modify, copy, distribute, or create derivative works based on the Website or its content
• Use any data mining, robots, or similar data gathering methods
• Download any content (other than page caching) unless expressly permitted
• Use the Website or its content for any commercial purpose without our written consent
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices

6.3 Reservation of Rights

All rights not expressly granted to you are reserved by Polyatomic OÜ. Nothing in these Terms grants you any right, title, or interest in the Website or its content beyond the limited license described above.

7. Acceptable Use

7.1 Prohibited Activities

When using the Website, you agree NOT to:

Security and Integrity:

• Attempt to gain unauthorized access to any portion of the Website, its systems, or networks
• Probe, scan, or test the vulnerability of the Website or any related systems without authorization
• Interfere with or disrupt the Website, servers, or networks connected to the Website
• Introduce viruses, malware, or other harmful code
• Attempt to bypass any security measures or access controls

Abuse and Spam:

• Submit fraudulent, false, or misleading information
• Use automated scripts, bots, or other automated means to access the Website or submit forms
• Attempt to overwhelm the Website with excessive requests (denial-of-service attacks)
• Harvest or collect email addresses or other information from the Website
• Send unsolicited communications or spam

Legal Violations:

• Violate any applicable laws, regulations, or third-party rights
• Use the Website for any unlawful purpose
• Impersonate any person or entity
• Engage in any activity that could expose Polyatomic to liability

7.2 Enforcement

We reserve the right to:

• Monitor use of the Website for violations of these Terms (to the extent permitted by applicable law)
• Take appropriate action against users who violate these Terms
• Block or restrict access to the Website from any IP address or user
• Report violations to appropriate authorities

8. Disclaimer of Warranties

8.1 "As Is" Basis

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Website will be uninterrupted, timely, secure, or error-free
• Warranties regarding the accuracy, reliability, or completeness of any content
• Warranties that defects will be corrected

Nothing in these Terms excludes, restricts, or modifies any rights or warranties that cannot be excluded under applicable law.

8.2 No Professional Advice

Nothing on the Website constitutes professional, legal, financial, medical, or other advice. Any information provided is for general informational purposes only. You should consult appropriate professionals for specific advice tailored to your situation.

8.3 Third-Party Content and Links

The Website may contain links to third-party websites or resources. We are not responsible for the availability, content, or practices of these external sites. Links do not imply endorsement. Your use of third-party sites is at your own risk and subject to their terms and policies.

9. Limitation of Liability

9.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POLYATOMIC OÜ, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, or business opportunities
• Any damages arising from your use of or inability to use the Website
• Any damages arising from unauthorized access to or alteration of your transmissions or data
• Any damages arising from conduct of third parties on or related to the Website

This applies regardless of the legal theory under which such damages are sought (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability for matters that cannot be excluded or limited under applicable law (for example, where applicable, liability for death or personal injury caused by negligence, fraud, or willful misconduct).

9.2 Aggregate Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED EUROS (€100) AND (B) THE AMOUNTS YOU PAID TO US (IF ANY) FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

9.3 Essential Purpose

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law. The limitations in this section apply to the extent permitted by applicable law.

9.4 Consumer Rights

If you are a consumer, you may have statutory rights under applicable consumer protection laws that cannot be excluded, restricted, or modified by contract. Nothing in these Terms affects those rights. This includes, without limitation, mandatory consumer rights under applicable laws in the European Union/EEA, United Kingdom, Norway, Switzerland, Canada, Australia (including the Australian Consumer Law), and New Zealand (including the Consumer Guarantees Act 1993).

10. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Polyatomic OÜ, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, 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 rights of another party
• Your violation of any applicable laws or regulations

This indemnification obligation does not apply to the extent a claim arises from Polyatomic's breach of these Terms, gross negligence, willful misconduct, or any matter for which indemnification is prohibited by applicable law. If you are a consumer, this section applies only to the extent permitted by applicable consumer protection laws.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

11. Term and Termination

11.1 Term

These Terms are effective from the date you first access the Website and continue until terminated.

11.2 Termination by You

You may terminate your agreement to these Terms at any time by ceasing to use the Website. If you have subscribed to our newsletter, you should unsubscribe as described in Section 5.4.

11.3 Termination by Us

We may terminate or suspend your access to the Website at any time, with or without cause, and with or without notice, as permitted by applicable law. We may do so if we believe, in good faith, that you have violated these Terms or applicable law.

11.4 Effect of Termination

Upon termination:

• Your right to access and use the Website immediately ceases
• All provisions that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, limitations of liability, indemnification, and dispute resolution

12. Privacy

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy. By using the Website, you acknowledge that you have read and understood our Privacy Policy.

Key points:

• We minimize data collection and do not use third-party tracking cookies
• Newsletter subscriptions use double opt-in verification
• We process data in the European Union
• You have rights regarding your personal data under applicable law

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms and any disputes arising out of or related to them or your use of the Website shall be governed by and construed in accordance with the laws of the Republic of Estonia, without regard to its conflict of law principles.

If you are a consumer, mandatory consumer protection laws in your country of residence may apply and may prevail over this choice of law to the extent required by applicable law.

13.2 Jurisdiction (Non-US Users)

For users outside the United States (and for United States users who have validly opted out of Section 14), you agree that any legal action or proceeding arising out of or related to these Terms or your use of the Website shall be brought exclusively in the courts located in Tallinn, Estonia. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

If you are a consumer, this jurisdiction clause does not restrict any rights you may have to bring proceedings in the courts of your country of residence where such rights cannot be waived under applicable law.

13.3 Consumer Dispute Resolution (EU/EEA and UK Residents)

If you are a consumer residing in the European Union/EEA or the United Kingdom, you may be entitled to access out-of-court dispute resolution mechanisms (such as mediation or consumer dispute resolution bodies) under applicable consumer protection laws. You may also contact your local consumer protection authority or ombudsman where available.

13.4 Informal Resolution (Required First Step)

Before initiating any formal dispute resolution (including arbitration or court proceedings), you must first contact us at contact@polyatomic.ai to attempt to resolve the dispute informally. Your notice must include your name, contact information, a description of the dispute, and the relief you seek. We will attempt to resolve disputes in good faith within 60 days. Where permitted by applicable law, a court or arbitrator may require proof that you have complied with this informal resolution process and may take non-compliance into account when determining costs or fees.

14. United States Dispute Resolution

IMPORTANT: THIS SECTION APPLIES ONLY TO USERS IN THE UNITED STATES. PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

14.1 Binding Arbitration Agreement

You and Polyatomic OÜ agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or any services provided by Polyatomic (collectively, "Disputes") will be resolved exclusively through final and binding individual arbitration, rather than in court, except for the limited exceptions set forth below.

This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and shall apply regardless of any other choice of law provisions in these Terms. This arbitration agreement is intended to be mutually binding: if you are required to arbitrate Disputes, Polyatomic is also required to arbitrate Disputes.

14.2 Arbitration Rules and Procedures

Arbitration shall be conducted by JAMS (Judicial Arbitration and Mediation Services) and administered under (i) the JAMS Consumer Arbitration Minimum Standards of Procedural Fairness (where applicable), and (ii) the JAMS arbitration rules that JAMS determines apply to the Dispute (for example, Streamlined or Comprehensive), in each case as in effect when the arbitration is commenced. If there is any inconsistency, the JAMS Consumer Arbitration Minimum Standards (where applicable) will control.

If JAMS is unavailable, the parties shall mutually select an alternative arbitration provider with comparable consumer fairness standards; if they cannot agree, a court of competent jurisdiction shall appoint an arbitrator.

Arbitration procedures:

14.3 Arbitration Fees and Costs

• Filing fees: Fees are governed by the applicable JAMS fee schedule and policies. For consumer disputes, you will not be required to pay more than the consumer filing fee permitted by JAMS consumer policies and standards, and Polyatomic will pay the remaining JAMS administrative fees required to commence and administer the arbitration.
• Arbitrator fees: Arbitrator compensation and administrative fees are governed by the applicable JAMS rules and fee schedules. For consumer disputes, fee allocation will comply with JAMS consumer policies and standards.
• Attorney's fees: Each party bears their own attorney's fees unless the arbitrator awards fees to the prevailing party based on applicable law.
• Bad-faith claims: The arbitrator may award sanctions or fees for claims brought in bad faith or for improper purposes to the extent permitted by applicable law and the applicable rules.

14.4 Delegation Clause

The arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. The arbitrator shall also have exclusive authority to determine the arbitrability of any Dispute.

14.5 Small Claims Court Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes within the scope of that court's jurisdiction. If the Dispute is removed or appealed from small claims court, it shall be resolved through arbitration.

14.6 Emergency or Injunctive Relief

Either party may seek emergency injunctive relief from a court of competent jurisdiction to preserve the status quo pending arbitration. Any such request shall not be deemed a waiver of the right to arbitrate. The arbitrator shall have authority to grant any remedy that would be available in court, subject to the limitations in these Terms and applicable law.

14.7 Class Action Waiver

YOU AND POLYATOMIC OÜ AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.

The arbitrator may not consolidate more than one party's claims and may not otherwise preside over any form of representative, class, or collective proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration agreement shall be null and void, and all Disputes shall be resolved in court.

14.8 Mass Arbitration Provisions

If Disputes are filed as a "Mass Arbitration" (as defined by the JAMS Mass Arbitration Procedures and Guidelines, or any successor procedures), the parties agree that the JAMS Mass Arbitration Procedures and Guidelines and the applicable JAMS mass arbitration fee schedule will apply to the extent permitted by applicable law and by JAMS policies and standards.

14.9 Jury Trial Waiver

IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND POLYATOMIC OÜ EACH WAIVE ANY RIGHT TO A JURY TRIAL. You and Polyatomic agree that any such Dispute shall be tried before a judge sitting without a jury.

14.10 Time Limitation on Claims

YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE WEBSITE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED. This limitation applies regardless of any statute of limitations that would otherwise apply. For claims that cannot be shortened by contract under applicable law, the applicable statutory limitation period shall apply.

14.11 Relief Limitations

To the maximum extent permitted by applicable law, the arbitrator may award only individual relief (including injunctive or declaratory relief that is specific to you and necessary to resolve your individual claim) and may not award relief that would affect other users. Nothing in these Terms waives any right to seek public injunctive relief in court where such a waiver is prohibited by applicable law.

14.12 Confidentiality of Arbitration

All aspects of the arbitration proceeding, including the filing, proceedings, discovery, evidence, hearing, and award, shall be kept confidential by the parties to the extent permitted by applicable law. Neither party shall disclose the existence, content, or results of any arbitration without the prior written consent of the other party, except as required by law or to enforce the arbitration award.

14.13 Opt-Out Right

You may opt out of this arbitration agreement within 30 days of first accessing the Website by sending written notice to:

Polyatomic OÜ — Arbitration Opt-Out
Tornimäe tn 5, 10145 Tallinn, Estonia
Email: contact@polyatomic.ai
Subject: "Arbitration Opt-Out"

Your notice must include your name, mailing address, email address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, you will still be bound by all other provisions of these Terms, and all Disputes shall be resolved in the courts of Tallinn, Estonia (subject to any non-waivable consumer rights).

14.14 Survival

This arbitration agreement shall survive termination of these Terms and your use of the Website.

14.15 Severability of Arbitration Provisions

If any provision of this Section 14 is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. However, if the class action waiver (Section 14.7) is found unenforceable, this entire arbitration agreement shall be void.

15. Release and Waiver of Claims

15.1 General Release

To the maximum extent permitted by applicable law, and except for claims that cannot be released or waived under applicable law, you hereby release and forever discharge Polyatomic OÜ, its affiliates, directors, officers, employees, agents, successors, and assigns from any and all claims, demands, damages, losses, costs, expenses, and liabilities of any kind arising out of or in any way connected with your use of the Website.

Nothing in this Section 15 limits any non-waivable consumer rights or remedies you may have under applicable law.

15.2 California Civil Code Section 1542 Waiver

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

You acknowledge that you may later discover claims presently unknown or unsuspected, and you agree that this release shall remain effective in all respects notwithstanding any such discovery.

15.3 Similar Statutes in Other Jurisdictions

You expressly waive and relinquish any and all rights and benefits under any law of any jurisdiction that would otherwise limit the scope of the release in this Section 15, to the extent such waiver is permitted by applicable law.

16. Assumption of Risk

16.1 Voluntary Use

You acknowledge that your use of the Website is entirely voluntary and at your own risk. You assume full responsibility for all risks associated with your use of the Website, including but not limited to:

• Any reliance on information provided on the Website
• Technical failures, errors, or interruptions
• Unauthorized access to your data or communications
• Any consequences resulting from following links to third-party websites

16.2 No Reliance

You acknowledge that you are not relying on any representation or warranty from Polyatomic not expressly set forth in these Terms. You have conducted your own independent evaluation of the Website and have not relied on any oral or written information provided by Polyatomic or its representatives.

17. Export and Sanctions Compliance

17.1 Export Controls

You agree to comply with all applicable export and re-export control laws and regulations and applicable trade and economic sanctions laws and regulations, including (where applicable) U.S. export controls and sanctions, European Union restrictive measures, and other applicable sanctions regimes.

17.2 Representations

By using the Website, you represent and warrant that:

• You are not located in, under the control of, or a national or resident of any country or territory where your access to or use of the Website is prohibited by applicable sanctions or export control laws
• You are not listed on any applicable restricted party or sanctions lists that would prohibit your use of the Website
• You will not use the Website in violation of any applicable export or sanctions laws

17.3 EU Sanctions

You further represent that you are not subject to European Union restrictive measures that would prohibit your use of the Website.

17.4 Restricted Territories

In addition to the sanctions listed above, Polyatomic does not provide services to users located in the following countries and territories: Afghanistan, Albania, Algeria, Angola, Armenia, Azerbaijan, Bahrain, Belarus, Bosnia and Herzegovina, Burundi, Cambodia, Cameroon, Central African Republic, Chad, China (including Xinjiang), Cuba, Democratic Republic of the Congo (DRC), Egypt, Equatorial Guinea, Eritrea, Ethiopia, Georgia, Guatemala, Guinea, Guinea-Bissau, Haiti, Hong Kong, Iran, Iraq, Kazakhstan, Kosovo, Kyrgyzstan, Laos, Lebanon, Libya, Macao, Mali, Mauritius, Moldova (including Transnistria), Mongolia, Montenegro, Myanmar (Burma), Nicaragua, Niger, North Korea (DPRK), North Macedonia, Paraguay, Russia, Saudi Arabia, Serbia, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Tajikistan, Tunisia, Turkey, Turkmenistan, Ukraine (Russian-occupied territories: Crimea, Donetsk, Luhansk, Kherson, Zaporizhzhia), Uzbekistan, Venezuela, Vietnam, Yemen, and Zimbabwe.

By using the Website, you represent and warrant that you are not located in, accessing the Website from, or a resident of any of the territories listed above. We reserve the right to block access from these territories and to terminate any accounts associated with users from these regions without notice.

18. Government Users

If you are accessing or using the Website on behalf of a government entity:

18.1 U.S. Government Users

The Website and any related documentation are "Commercial Items" as defined in 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. The Website is licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to these Terms.

18.2 Sovereign Immunity Waiver

To the extent permitted by applicable law, you waive any sovereign immunity that may apply to any claim, dispute, or cause of action arising under these Terms.

19. Electronic Communications

19.1 Consent to Electronic Communications

By using the Website or subscribing to our newsletter, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

19.2 Methods of Communication

We may communicate with you by:

• Email to the address you provided during newsletter subscription
• Posting notices on the Website
• Any other means we deem appropriate

19.3 Your Responsibility

You are responsible for maintaining a valid email address and for regularly checking the Website for updates to these Terms and other communications.

20. No Class Representative or Private Attorney General

To the maximum extent permitted by applicable law (and without limiting any non-waivable consumer rights), you agree that you will not bring or participate in any action against Polyatomic as a class representative, class member, or in a private attorney general capacity. You may only bring claims against Polyatomic in your individual capacity. This provision applies to the extent your claim is subject to arbitration under Section 14 and to the extent it is otherwise enforceable under applicable law.

21. Covenant Not to Sue

To the maximum extent permitted by applicable law, you covenant and agree not to file, join, or participate in any lawsuit, claim, or legal proceeding against Polyatomic OÜ, its affiliates, directors, officers, employees, or agents, except as expressly permitted by these Terms and applicable law (including individual arbitration where applicable). This Section 21 does not restrict any non-waivable rights you may have to bring claims in a court of competent jurisdiction.

22. Changes to These Terms

22.1 Right to Modify

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date at the top of this document
• For material changes, we may notify newsletter subscribers by email
• The updated Terms will be posted on this page

22.2 Acceptance of Changes

Your continued use of the Website after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Website.

Except to the extent prohibited by applicable law, changes apply prospectively. Material changes to dispute resolution provisions will not apply to Disputes for which notice has already been provided under Section 13.4 before the change became effective.

22.3 Review Responsibility

You are responsible for periodically reviewing these Terms to stay informed of any updates.

23. General Provisions

23.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Polyatomic OÜ regarding your use of the Website. They supersede all prior agreements, communications, and understandings regarding the subject matter hereof.

23.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.

23.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Polyatomic OÜ.

23.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

23.5 No Third-Party Beneficiaries

These Terms do not confer any rights, remedies, or benefits upon any person other than the parties hereto, except as expressly provided herein.

23.6 Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Polyatomic OÜ. You have no authority to bind Polyatomic OÜ in any manner.

23.7 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

23.8 Headings

The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

23.9 Language

These Terms are drafted in English. If these Terms are translated into any other language, the English version shall prevail in the event of any conflict or inconsistency.

23.10 Construction

To the maximum extent permitted by applicable law, these Terms shall not be construed against Polyatomic merely because Polyatomic drafted them. Any mandatory consumer protection rules on interpretation, including rules that require ambiguities to be interpreted in favor of consumers, are not excluded by this Section 23.10.

23.11 No Oral Modifications

These Terms may not be modified except in writing posted on the Website or signed by an authorized representative of Polyatomic OÜ. No oral statements or representations shall modify these Terms.

23.12 Cumulative Remedies

All rights and remedies provided in these Terms are cumulative and not exclusive of any other rights or remedies that may be available to Polyatomic, whether at law, in equity, or otherwise.

24. Acknowledgment

BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT:

1. You have read and understood these Terms in their entirety
2. You agree to be bound by these Terms
3. You are of legal age to enter into a binding agreement, or have parental/guardian consent
4. You have had the opportunity to consult with legal counsel before accepting these Terms
5. You understand that you may be waiving certain legal rights to the extent permitted by applicable law, including the right to participate in class actions and the right to a jury trial (for US users)
6. You acknowledge the limitations of liability and disclaimers set forth herein
7. You voluntarily agree to resolve disputes through arbitration (for US users) or in Estonian courts (for non-US users), subject to any non-waivable consumer rights

25. Contact Us

If you have any questions about these Terms or our practices, please contact us:

Polyatomic OÜ

• Email: contact@polyatomic.ai
• Phone: +372 600 3360
• Address: Tornimäe tn 5, 10145 Tallinn, Estonia

We aim to respond to all inquiries within 5 business days.

26. Summary