Terms of Use

Effective date:

These Terms of Use (“Terms”) govern your access to and use of the website located at atofia.com, including all content, functionality, and services offered on or through the website (collectively, the “Site”). The Site is owned and operated by ATOFIA LLC (“ATOFIA,” “we,” “us,” or “our”), a Tennessee limited liability company.

By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Site.

1. Eligibility

The Site is intended for users who are at least 18 years of age. By using the Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are accessing the Site on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. About the Site

ATOFIA develops patented cryptographic technologies for data protection, machine-to-machine trust, and entropy generation. The Site provides information about ATOFIA, our technology, products, patents, and services. The Site is primarily informational in nature. Access to and use of ATOFIA’s commercial products and services are governed by separate agreements.

3. Permitted Use

You may access and use the Site for lawful purposes only and in accordance with these Terms. You agree not to:

  • Use the Site in any way that violates any applicable federal, state, local, or international law or regulation;
  • Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site, whether through hacking, password mining, or any other means;
  • Use the Site to transmit or send unsolicited commercial communications;
  • Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • Interfere with or disrupt the integrity or performance of the Site or the data contained therein;
  • Attempt to decompile, reverse-engineer, or disassemble any software or technology made available through the Site; or
  • Impersonate or attempt to impersonate ATOFIA, an ATOFIA employee, another user, or any other person or entity.

4. Intellectual Property Rights

The Site and its entire contents, features, and functionality—including but not limited to all text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the design, selection, and arrangement thereof—are owned by ATOFIA, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

ATOFIA’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ATOFIA or its affiliates. You must not use such marks without the prior written permission of ATOFIA. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

ATOFIA’s cryptographic technologies are protected by one or more United States patents. Nothing on this Site shall be construed as granting any license or right to use any patent, trademark, copyright, or other intellectual property right of ATOFIA without ATOFIA’s express written permission.

5. Information You Provide

If you submit information through the Site—such as through a contact form, inquiry, or application—you represent that the information you provide is accurate, complete, and not misleading. You grant ATOFIA a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, and process any information you voluntarily submit through the Site for the purposes of responding to your inquiry, evaluating potential business relationships, and improving our services.

You agree not to submit any information that is confidential or proprietary to a third party without that party’s authorization, or any information that you do not have the right to share.

6. Third-Party Links

The Site may contain links to third-party websites or services that are not owned or controlled by ATOFIA. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that ATOFIA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such third-party websites or services.

7. Disclaimer of Warranties

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ATOFIA DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

ATOFIA DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

The information presented on this Site is for general informational purposes only and should not be relied upon as technical, legal, or professional advice. While we strive to keep the information on the Site accurate and current, ATOFIA makes no representations or warranties about the completeness, reliability, or accuracy of any information on the Site.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATOFIA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ATOFIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL ATOFIA’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100.00 USD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ATOFIA’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless ATOFIA, its affiliates, and their respective officers, directors, employees, agents, and contractors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site.

10. Export Controls and Compliance

ATOFIA’s technologies may be subject to United States export control laws and regulations, including the Export Administration Regulations (“EAR”) administered by the U.S. Department of Commerce, Bureau of Industry and Security. You agree to comply with all applicable export and re-export control laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, and that you are not on any U.S. Government restricted party list.

11. U.S. Government Rights

Any materials or information provided on this Site to or for the U.S. Government are provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software—Restricted Rights at 48 CFR 52.227-19, as applicable.

12. Copyright Infringement

ATOFIA respects the intellectual property rights of others. If you believe that any content on the Site infringes your copyright, please send a notice to our designated agent at legal@atofia.com with the following information:

  • A description of the copyrighted work you claim has been infringed;
  • A description of the material you claim is infringing and its location on the Site;
  • Your contact information (name, address, telephone number, and email);
  • A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
  • A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • Your physical or electronic signature.

13. Privacy

Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and disclose information about you. Please review the Privacy Policy carefully.

14. Modifications to the Site and Terms

ATOFIA reserves the right to modify, suspend, or discontinue the Site (or any part thereof) at any time without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.

We may revise these Terms from time to time at our sole discretion. The most current version will always be posted on this page with an updated effective date. By continuing to access or use the Site after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Site.

15. Termination

ATOFIA may, in its sole discretion, restrict, suspend, or terminate your access to the Site at any time, with or without notice, for any reason, including without limitation if we reasonably believe you have violated these Terms. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation intellectual property provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

16. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or related to these Terms or the Site shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law principles.

Any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the state or federal courts located in Davidson County, Tennessee, and you irrevocably consent to the personal jurisdiction and venue of such courts.

To the extent permitted by law, you agree that any claim or cause of action arising out of or related to the Site or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

17. General Provisions

  • Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and ATOFIA regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
  • Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
  • Waiver. No waiver by ATOFIA of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by ATOFIA to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
  • Assignment. You may not assign or transfer these Terms or your rights or obligations hereunder without the prior written consent of ATOFIA. ATOFIA may assign these Terms without restriction.
  • No Third-Party Beneficiaries. These Terms do not confer any third-party beneficiary rights.

18. Contact

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