Atmofrost Terms of Service

Last Updated: July 16, 2026

These Terms of Service (“Terms”) apply to your access to and use of (i) the website located at https://polyfrost.org/ (or any successor links) and all associated web pages, websites, and social media pages (the “Site”) provided by Atmofrost Inc. (“Atmofrost”, “we”, “our” or “us”); (ii) software applications that may be downloaded to your smartphone, tablet or other device, (each, an “App(s)”); (ii) our other services accessible through the downloadable programs we may make available to you, such as to change or modify the gameplay of certain games (“Mods”)(collectively, the “Services”).

BY AGREEING TO THESE TERMS, YOU AND Atmofrost AGREE TO RESOLVE MOST DISPUTES SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. Further, terms of sale in Section 7 and the warranty disclaimer set forth in Section 13 will apply with respect to any Services that you use. IF YOU DO NOT WISH TO ARBITRATE DISPUTES WITH Atmofrost, YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 16(j). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

1. Supplemental and Updated Terms

(a) Supplemental Terms. We may offer some of our Services to you through a separate written agreement or license (such as Mods subject to an open-source license) that incorporates different or additional terms, conditions, guidelines, policies, or rules that apply in relation to some of our Services (“Supplemental Terms”). If Supplemental Terms apply to the Services you are using, you are required to read them, and they will become part of your agreement with us. The Supplemental Terms will control over any conflicting or inconsistent provisions in these Terms of Service but only as applicable to such Services.

(b) Updated Terms. We may make changes to these Terms, including any Supplemental Terms. If we make changes to these Terms, you are not required to accept the amended Terms, and the previous version of the Terms will continue to govern your use of any of our Services you already have access to. However, if you continue to access Services, including by purchasing Services through our Mods, then you agree to be bound by the amended Terms, solely with prospective effect. If we make changes, we will provide you with notice of the changes, such as by sending an email or, providing a notice through our Services, or updating the date at the top of these Terms.

2. Eligibility and Use Restrictions

(a) Age. You must be at least 13 years of age to access or use our Services. Users under 18 years of age (or the age of legal majority where the user lives) may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The parent or legal guardian of a user under the age of 18 (or the age of legal majority) is fully liable for the acts or omissions of such user in relation to our Services. If you are a parent or legal guardian and you believe that your child under the age of 18 is using our Services without your consent, please contact us at contact@atmofrost.org.

(b) Jurisdiction. You may only use our Services in jurisdictions authorized by Atmofrost. Use of our Services is currently authorized only in the United States.

(c) Use and Sharing. You may only use our Services for personal, family, or household purposes and expressly excluding any commercial use.

3. Your Information

You may provide certain information to Atmofrost in connection with your access to or use of our Services, or we may otherwise collect certain information about you when you access or use our Services. You agree to receive emails, SMS or text messages, and other types of communication from Atmofrost via the Services using the email address or other contact information you provide in connection with the Services. You represent and warrant that any information that you provide to Atmofrost in connection with the Services is accurate.

For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy.

4. Accounts

You must create an account with Atmofrost in order to access certain Services (“Account”). If you create an Account with us, you must: (a) not share or permit others to use your Account credentials except as described below; (b) promptly update any information contained in your account if it changes; (c) use a strong password for your Account that is unique to our Services and not used by you in any other website or online service; and (d) maintain the security of your Account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your Account without your permission.

The Services may allow you to share your data or Account credentials (“Account Data”) with third parties by linking your Account to a third party’s platform or account (“Third Party Account”). Selecting to share such Account Data authorizes Atmofrost to share such Account Data (automatically or manually) with such third parties. The terms of service applicable to your Account and such third party’s terms and conditions and privacy policies will govern their processing and use of any information you share with them by linking your accounts. Atmofrost is not responsible for examining or evaluating the content or accuracy of third party terms and conditions or privacy policies. Third parties with whom you share Account Data are not agents or representatives of, or processors for, Atmofrost and Atmofrost is not responsible for their actions in relation to your Account Data.

5. User Content

(a) User Content. Our Services may allow you and other users to create, post, store, and share content, including reviews, messages, text, photos, videos, software, and other materials (collectively, but expressly excluding any of our intellectual property, “User Content”). Depending on your account settings, when you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. If you choose to make any of your information publicly available through the Services, you do so at your own risk.

(b) License You Grant Us. Except for the license you grant below, as between you and Atmofrost, you retain all rights in and to your User Content, excluding any portion of the Services included in your User Content. You grant Atmofrost a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and exploit your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you or any third party. You irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law or under any legal theory.

(c) Feedback. You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Atmofrost or our Services (collectively, but excluding our Services themselves, “Feedback”). You understand that we may use (and you are deemed to have granted to us all rights and licenses, including intellectual property rights, necessary or desirable to use) such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop or improve products or services in Atmofrost’s sole discretion. Without limiting any rights you may have in the Feedback itself, Atmofrost will exclusively own all works or improvements based on any Feedback, unless Atmofrost indicates such Feedback is provided pursuant to an open-source license. You understand that Atmofrost may treat Feedback as nonconfidential.

6. Prohibited Conduct and Content

(a) Prohibited Conduct. In addition to the other restrictions in these Terms, solely to the extent not conflicting with applicable licenses of our Open Source Software, you will not, and will not aid or encourage others to, do any of the following in connection with the Services:

  • Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;
  • Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
  • Use or attempt to use another user’s account or information without authorization from that user and Atmofrost;
  • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Sell or resell our Services;
  • Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
  • Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based on our Services, except as expressly permitted by us or our licensors;
  • Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
  • Reverse engineer any aspect of our Services or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Services, except as expressly permitted by us or our licensors;
  • Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services;
  • Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
  • Link to the Services in a manner that damages or exploits, in our sole discretion, our reputation or suggests any form or association, approval, or endorsement by Atmofrost; or
  • Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

(b) Prohibited Content. You may not create, post, store, or share any User Content for which you do not have all the rights necessary to grant us the license described in Section 5(b). You must ensure that your User Content, and our use of your User Content as permitted by these Terms, will not violate any rights of any person or entity, including any third-party rights, or cause injury to any person or entity. You may not create, post, store, or share any User Content that:

  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, vulgar, suggestive, harassing, threatening, violent, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or derogatory of any ethnic, racial, gender, or religious group;
  • Would constitute, encourage, or provide instructions for a criminal offense, a violation of the rights of any party, or a violation of these Terms;
  • May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party or third party;
  • Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
  • Contains any private or personal information of a third party without the third party’s consent;
  • Contains any viruses, corrupted data, or other malicious, invasive, harmful, disruptive, or destructive files or content;
  • In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Atmofrost or others to any harm or liability of any type; or
  • Contains links to content that would violate any of the above restrictions if the linked content were User Content.

(c) Enforcement. We can enforce the Terms, including this Section 6, at our sole discretion. Choosing not to enforce the Terms in some instances does not mean we waive our right to enforce it in other instances. This Section 6 does not create any right or private right of action on the part of any third party or any reasonable expectation that the Services will be free of conduct or content that is prohibited by these Terms or that prohibited content will be promptly removed after it has been posted. We do not review all User Content, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any User Content. Although we have no obligation to screen, edit, or monitor User Content, we may:

  • Delete or remove User Content or refuse to post any User Content at any time and for any reason with or without notice, including for any violations of these Terms;
  • Terminate or suspend your access to all or part of the Services, temporarily or permanently, if your conduct or User Content is reasonably likely, in our sole determination, to violate these Terms;
  • Take any action with respect to your User Content that is necessary or appropriate, in Atmofrost’s sole discretion, to ensure compliance with applicable law and these Terms, or to protect Atmofrost’s rights or to protect any third party’s rights, including third-party intellectual property and privacy rights (e.g., providing information to rightsholders who submit takedown requests); and
  • As permitted by law, cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Content on or through the Services.

7. Terms of Sale

When you purchase any of our Services, including to unlock Poly+ (“Paid Services”), you also agree to the terms in this Section 7 (the “Terms of Sale”).

(a) Third Party Processors. All financial transactions conducted for the Paid Services are made using one or more third-party payment processors we may engage from time to time. All such transactions are governed by the payment processors’ respective terms of use and privacy policies, which we do not control. We discuss our collection of financial information through our Privacy Policy and our third-party payment processors’ policies HERE. We encourage you to review our third-party payment processors’ terms of service and privacy policies before submitting your payment information. We do not process or retain your credit card, debit card, or other payment information. This information is used solely for the purpose of allowing you to sign up for and access and use the Paid Services. All billing information you provide to our third-party payment processor must be truthful and accurate and you represent that you are authorized to use the payment method in the manner contemplated here. You expressly authorize us (via our third-party payment processors) to charge the payment method you provide for any Paid Services you use. Your selection of the “Pay,” “I Agree,” or similar button on the checkout page is your electronic signature and you agree that (i) this signature is the legal equivalent of your wet or manual signature and (ii) this transaction is equivalent to an in-person transaction where your payment method is physically present.

(b) Eligibility. To complete your purchase, you must have a valid billing and shipping address within a country that can be selected as part of the checkout process on the Site (the “Territory”). We make no promise that Paid Services available on the Site are appropriate or available for use in locations outside the Territory.

(c) Restrictions. You may only purchase Paid Services for personal use by either yourself or your intended recipient of the Paid Services. The Paid Services are not authorized for resale. We may place a limit on the quantities that may be purchased per order, per account, per payment card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order.

(d) Price. Prices shown on the Site exclude all taxes or charges for shipping and handling. Taxes and shipping and handling costs will be added to the amount of your purchase and itemized on the checkout page. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. All prices on the Site are subject to change at any time without notice. We do not collect taxes on merchandise shipped to a jurisdiction in which we do not have substantial nexus, in which case you will be liable to the appropriate taxing authority for any sales taxes relating to your purchase from the Site.

(e) Payment. If you wish to make a transaction, you may be asked to supply certain relevant information, such as your payment card number and its expiration date, your billing address, and your shipping information, to us or our payment processors. You represent and warrant that you have the right to use any payment card that you submit in connection with a transaction. We may receive updated information from your issuing bank or our payment service provider about any payment method you have stored with us. You authorize us to charge your payment method, including any updated payment method information we receive, for any charges you are liable for under these Terms. Verification of information may be required prior to the acknowledgment or completion of any transaction. You will pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including all taxes and shipping and handling charges applicable to your transactions. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.

(f) Subscriptions. Your purchase of certain Paid Services may require enrollment in a payment plan involving automatic renewal (a “Recurring Subscription”). If you purchase such a Mod, you authorize Atmofrost to maintain your account information and charge that account automatically upon the renewal with no further action required by you. The length of your Recurring Subscription will be provided when you make your purchase. Your Recurring Subscription will automatically renew unless you cancel it. In the event that Atmofrost is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, Atmofrost may in its sole discretion (i) bill you for your Paid Services and suspend your access to the Paid Services until payment is received or (ii) seek to update your account information through third-party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you. You may cancel your subscription through your account or by emailing us at contact@atmofrost.org. You may cancel a Recurring Subscription at any time, but if you cancel your Recurring Subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the applicable Paid Services through the end of your current subscription period. Atmofrost may change the prices charged for Recurring Subscriptions at any time by posting updated pricing through the Services, although the prices for your Recurring Subscription will remain in force for the duration of the subscription period for which you have paid. After that period ends, your use of the applicable Paid Services will be charged at the then-current subscription price. If you do not agree to these price changes, you must cancel your Recurring Subscription at least 10 days before the changes take effect. If you do not cancel, your Recurring Subscription will automatically renew at the then-current price at the time of renewal and for the same duration as the initial subscription term, and Atmofrost will charge your on-file payment card or method on the first day of the renewal of the subscription term.

(g) Order Confirmation; Acceptance. You will have the opportunity to review and confirm your order, including delivery address, payment method, and other details of your order. Although we may confirm orders by email, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell our Paid Services. We will display or send a notice when we ultimately accept your order, and our acceptance will be complete at the time we display or send the formal acceptance notice. Payment must be received by us before our acceptance of an order.

(h) Order Delays; Cancellation. We reserve the right to delay, refuse, or cancel any order prior to delivery. For example, if there are errors on the Site or made in connection with your order or inaccuracies in pricing information, we reserve the right to correct the error and charge you the correct price or cancel your order. We will contact you if any portion of your order is canceled or if additional information is required to accept your order.

(i) Refunds and Exchanges. We do not currently provide for refunds or exchanges.

(j) Reservation of Rights. Atmofrost reserves the right, including without prior notice, to discontinue making available any Paid Service; to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making any transaction; to alter the payment option for Paid Services; and to refuse to provide any user with any Paid Service.

8. Ownership; Limited License

(a) Ownership of the Services. The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained in the Services, and all intellectual property rights in the Services, are owned by Atmofrost or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services, including all intellectual property rights in the Services, are reserved by us or our licensors.

(b) Limited License Granted to You. Subject to your compliance with these Terms, you are granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate the license granted here and violate our intellectual property rights.

9. Trademarks

Atmofrost, OneConfig, OneLauncher, OneClient, Poly+, and our logos, product or service names, slogans, and the look and feel of the Services are trademarks of Atmofrost and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

(a) Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others.

(b) Reporting Claims of Copyright Infringement. If you believe that any content of or in our Services infringes any copyright that you own or control, you may notify Atmofrost’s designated agent:

Designated Agent: Elliot Chang Address: 6 Chapel Ave, Andover, MA, 01810 Telephone Number: +1 (617) 564-1112 Email Address: dmca-usa@atmofrost.org

Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective. If you knowingly materially misrepresent that any activity or material of or in our Services is infringing, you may be liable to Atmofrost for certain costs and damages.

11. Third-Party Content and Offerings

(a) Open-Source Software. Certain of our or third-party code utilized in connection with the Mods may be subject to open-source licenses (“Open-Source Software”). The Open-Source Software is licensed to us under the terms of the license that accompanies such Open-Source Software and may be licensed to you under the terms of the same license or through other terms. Nothing in the Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Open-Source Software.

(b) Third-Party Materials. The Services rely on or interoperate with third-party products and services, including, without limitation, data storage services, communications technologies, IoT platforms, third-party app stores, and internet and mobile operators (collectively, “Third-Party Materials”). These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services. You acknowledge that (a) the use and availability of the Services is dependent on third-party product vendors and service providers and (b) these Third-Party Materials may not operate reliably 100% of the time, which may impact the way that our Services operate.

(c) Third-Party Content. We may further provide information about or links to third-party products, services, activities, or events, or we may allow third parties to make their content, information, or offerings available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content for those interested in such content, but your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.

(d) Responsibility for Content. We have no obligation to monitor Third-Party Content, and we may block or disable access to any Third-Party Content (in whole or part) through our Services at any time. Your access to and use of such Third-Party Content may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Content). You also must obtain and maintain any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Services and any such Third-Party Content.

12. Indemnification

To the fullest extent permitted by applicable law, you will indemnify and hold harmless Atmofrost and each of its officers, directors, agents, partners, and employees (individually and collectively, the “Atmofrost Parties”) from and against any losses, liabilities, claims, demands, damages, expenses, or costs (including reasonable attorneys’ fees) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. Atmofrost will have control of the defense or settlement, at Atmofrost’s sole option, of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Atmofrost or the other Atmofrost Parties.

13. Disclaimers

Your use of our Services and any content or materials provided in or with our Services is at your sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our Services, and any content or materials provided in or with our Services, are provided “as is” and “as available” without warranties of any kind, either express or implied. Atmofrost disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Atmofrost does not represent or warrant that our Services or any content provided in or with our Services are accurate, complete, reliable, current, or error-free or that access to our Services or any content provided in or with our Services will be uninterrupted. While Atmofrost attempts to make your use of our Services safe, we cannot and do not represent or warrant that our Services or any content provided in or with our Services or our servers are free of viruses or other harmful components, contents, or materials. You assume the entire risk as to the quality and performance of the Services and any content provided in or with our Services. All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of Atmofrost and the other Atmofrost Parties as well as their respective successors and assigns.

14. Limitation of Liability

(a) To the fullest extent permitted by applicable law, Atmofrost and the other Atmofrost Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, data, or goodwill, even if Atmofrost or the other Atmofrost Parties have been advised of the possibility of the damages.

(b) The total liability of Atmofrost and the other Atmofrost Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $10 or the amount paid by you to Atmofrost to use our Services in the six months preceding the date on which the first claim giving rise to liability arose.

(c) The limitations in this Section 14 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Atmofrost or the other Atmofrost Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

15. Release

To the fullest extent permitted by applicable law, you release Atmofrost and the other Atmofrost Parties from responsibility, liability, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes you have with other users and the acts or omissions of third parties. You waive your rights under California Civil Code § 1542, which provides: “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.” as well as any analogous rights of any other jurisdiction.

16. DISPUTE RESOLUTION; BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND Atmofrost TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU AND Atmofrost CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND Atmofrost FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND Atmofrost AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. Atmofrost AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

THE PARTIES TO THESE TERMS ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 16(j), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.

(a) Claims To Which This Section Applies. The dispute resolution and binding arbitration terms in this Section 16 apply to all Claims between you and Atmofrost. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed below) between you and Atmofrost, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to these Terms or the Services, including any privacy or data-security claims or claims related to the validity, enforceability, or scope of the arbitration requirement or any portion of it.

(b) Informal Dispute Resolution Prior to Arbitration. If you have a Claim against Atmofrost or if Atmofrost has a Claim against you, you and Atmofrost will first attempt to resolve the Claim informally to try and resolve the Claim faster and reduce costs for both parties. You and Atmofrost will make a good-faith effort to negotiate the resolution of any Claim for 45 days, or such longer period as mutually agreed in writing (email suffices) by the parties (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with these Terms.

You will send any Claimant Notice to Atmofrost by certified mail addressed to Atmofrost, 2093 Philadelphia Pike #7135 Claymont, Delaware 19703 or by email to legal@atmofrost.org. Atmofrost will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Atmofrost. The Claimant Notice sent by either party must (i) include the sender’s name, address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.

The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so.

You or Atmofrost can file a Claim in arbitration only after the end of the Informal Resolution Period. You or Atmofrost cannot proceed to arbitration before the end of the Informal Resolution Period. If you or Atmofrost file a Claim in court or proceed to arbitration without complying with the requirements in Section 16, including waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements in this Section to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.

The statute of limitations and any filing fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.

(c) Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court (but only if the small-claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property or intellectual-property rights of you or Atmofrost, including any disputes in which you or Atmofrost seek injunctive or other equitable relief for the alleged unlawful use of your or Atmofrost’s intellectual property or other infringement of your or Atmofrost’s intellectual property rights (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual-property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 16(b) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.

(d) Binding Individual Arbitration. Subject to the terms of this section, Claims may only be settled by binding individual arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”). For Claims arbitrated by the AAA, if you are a “Consumer,” meaning that you only use the Services for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules are the rules applicable to Claims between you and Atmofrost as modified by these Terms (the “Rules”). For Claims arbitrated by the AAA, if you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures are the Rules applicable to Claims between you and Atmofrost as modified by these Terms (although, for clarity, if you are not a Consumer, you have no right under these Terms to use the Services).

These Terms affect interstate commerce, and the enforceability of this Section 16 will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Atmofrost to satisfy one of your or our individual Claims (that the arbitrator determines are supported by credible relevant evidence). To the extent that you prevail on a Claim and seek public injunctive relief (that is, injunctive relief whose primary purpose and effect is to prohibit and enjoin conduct harmful to the general public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief will be stayed pending the outcome of the merits of any individual Claims in arbitration.

(e) Arbitration Procedure and Location. You or Atmofrost may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with AAA in accordance with the Rules.

Instructions for filing a demand for arbitration with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to Atmofrost by certified mail addressed to Atmofrost, 2093 Philadelphia Pike #7135 Claymont, Delaware 19703 or by email to legal@atmofrost.org. Atmofrost will send any demand for arbitration to you by certified mail or email using the contact information you have provided to Atmofrost.

The arbitration will be conducted by a single arbitrator in the English language. You and Atmofrost both agree that the arbitrator will be bound by these Terms.

For Claims in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in Delaware, unless you are a Consumer and the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.

The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Atmofrost agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself unless the parties agree prior to issuance of the award. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

(f) Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms.

(g) Frivolous or Improper Claims. To the extent permitted by applicable law, a claimant must pay all costs incurred by the responding party, including any attorney fees, related to a Claim if an arbitrator determines that (i) the Claim was frivolous or (ii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.

(h) One Year to Assert Claims. To the extent permitted by applicable law, any Claim by you or Atmofrost against the other must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you or Atmofrost will no longer have the right to assert that Claim.

(i) Confidentiality. If you or Atmofrost submits a Claim to arbitration, you and Atmofrost agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and Atmofrost agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.

(j) Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted a version of these Terms by emailing legal@atmofrost.org. To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 17.

(k) Rejection of Future Arbitration Changes. You may reject any change we make to Section 16 (except address changes) by sending us notice of your rejection within 30 days of the change via email at legal@atmofrost.org. To be effective, the rejection of change notice must include your full name, mailing address, and email address. Changes to Section 16 may only be rejected as a whole, and you may not reject only certain changes to Section 16. If you reject changes made to Section 16, the most recent version of Section 16 that you have not rejected will continue to apply.

(l) Severability. If any portion of this Section 16 is found to be unenforceable or unlawful for any reason, including because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 16 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 16; and (iii) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis as a result, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 16 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 16 will be enforceable.

17. Governing Law and Venue

Any dispute, claim, or controversy arising from or relating to these Terms or the Services will be governed by and construed and enforced in accordance with the laws of the State of Delaware, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute, claim, or controversy arising from or relating to these Terms or the Services that is not subject to arbitration or cannot be heard in small claims court will be resolved exclusively in the state or federal courts of the State of Delaware and the United States, respectively, sitting in Delaware. You and Atmofrost waive any objection to venue in any such courts.

18. Modifying and Terminating Our Services

We reserve the right to modify our Services or to suspend or terminate providing all or part of our Services at any time; charge, modify, or waive any fees required to use the Services; or offer opportunities to some or all end users of the Services. We may provide you with notice in advance of the suspension or discontinuation of all or part of our Services, such as by sending an email or providing a notice through our Services. All modifications and additions to the Services will be governed by the Terms or Supplemental Terms, unless otherwise expressly stated by Atmofrost in writing. You also have the right to stop using our Services at any time. You may terminate these Terms by closing any account you have with us and permanently ceasing use of our Services. The parties’ respective rights and obligations under Sections 1, 3-7, 8(a), and 9-21 of these Terms, together with all other provisions that may reasonably be construed to survive, will survive the expiration or termination of these Terms for any reason. We are not liable for any loss or harm related to your inability to access or use our Services.

19. Severability

Except as stated in Section 16(l), if any portion of these Terms is found to be unenforceable or unlawful for any reason, including because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and obligations of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.

20. Export Control

You must comply with United States export controls and are liable for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports, with regard to your use of the Services. You represent and warrant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country or (b) on any of the U.S. government lists of restricted end users.

21. Other Terms

(a) Atmofrost’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the covered subject matter and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights on any other person or entity. Communications and transactions between Atmofrost and you may be conducted electronically. We may assign the Terms, in whole or in part, with or without notice to you. You can’t assign your rights or obligations under the Terms, and any attempted assignment in violation of this sentence is void.

(b) If you have a question or complaint regarding the Services, please send an email to contact@atmofrost.org. You may also contact us by writing to 2093 Philadelphia Pike #7135 Claymont, Delaware 19703, or by calling us at +1 (617) 564-1112. Please note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with us. Further, under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.