Last Updated: May 1, 2026
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you (the "Client", "you", or "your") and AtomInc Ltd ("AtomInc", "we", "us", or "our"), governing your access to and use of the AtomInc website at www.atominc.co, our cross-border commerce execution platform, and all related services.
By accessing our website, creating an account, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
If you do not agree to these Terms, you must discontinue use of our website and services immediately.
2. Definitions
- "Platform" means the AtomInc cross-border commerce execution platform, including all dashboards, tools, analytics features, and operational interfaces.
- "Services" means all services provided by AtomInc, including but not limited to market entry strategy, marketplace activation, logistics coordination, customs clearance, VAT compliance, order management, returns processing, invoicing, and analytics.
- "Content" means all text, images, data, product listings, brand assets, and other materials provided by you or generated through the Platform.
- "Marketplace" means any third-party ecommerce platform where AtomInc activates and manages your brand presence, including Amazon, Noon, Daraz, eBay, and others.
- "Territory" means the countries and markets in which AtomInc provides Services on your behalf, as agreed in your service arrangement.
3. Description of Services
AtomInc provides end-to-end global commerce execution services. Acting as your operational partner, we manage the following on your behalf:
- Market Entry & Strategy: market research, demand analysis, competitive benchmarking, and go-to-market planning across target markets.
- Marketplace Activation: storefront setup, localised product listings, digital advertising, brand management, and ongoing marketplace operations across 50+ platforms.
- Logistics & Fulfilment: sea and air freight, door-to-door delivery, warehousing, inventory management, and shipment tracking with 100% cargo insurance.
- Customs & Compliance: HS code classification, import/export documentation, customs clearance at origin and destination, and DDP (Delivered Duty Paid) services.
- Tax Compliance: VAT registration and filing (including European VAT via Germany, UK VAT, Gulf VAT), automated tax calculation, and multi-currency invoicing.
- Order & Returns Management: centralised order management, fulfilment routing, returns handling (sorting, inspection, repackaging, relisting, or liquidation), and financial reconciliation.
- Analytics & Reporting: profit intelligence dashboards, channel performance reports, and real-time operational visibility through the AtomInc Platform.
The specific scope of Services provided to you will be defined in your individual service agreement or order form with AtomInc. We reserve the right to modify, enhance, or discontinue any feature of our Platform at any time with reasonable notice.
4. Account Registration & Security
To access the Platform and use our Services, you must create an AtomInc account. You agree to:
- Provide accurate, complete, and current registration information.
- Maintain and promptly update your account information to keep it accurate.
- Maintain the security and confidentiality of your login credentials and not share them with unauthorised parties.
- Promptly notify us at info@atominc.co of any unauthorised access to or use of your account.
- Accept responsibility for all activity that occurs under your account.
We reserve the right to suspend or terminate your account if we reasonably believe that your account has been compromised or is being used in violation of these Terms.
5. Your Obligations
As a user of our Services, you agree to:
- Use our Services only for lawful purposes and in compliance with all applicable local, national, and international laws and regulations.
- Provide accurate product information, brand assets, and documentation required for marketplace activation, customs clearance, and regulatory compliance.
- Ensure that all products you submit for cross-border commerce comply with the import regulations, safety standards, and prohibited goods lists of the target markets.
- Not use our Platform to sell counterfeit, restricted, prohibited, or illegal goods.
- Not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform.
- Not use automated scripts, bots, or crawlers to access the Platform without our prior written consent.
- Cooperate with AtomInc in responding to marketplace policy enquiries, customs inspections, or regulatory investigations related to your products.
- Maintain appropriate insurance coverage for your products as required by the jurisdictions in which you operate.
6. Intellectual Property
6.1 AtomInc Intellectual Property
All content, features, functionality, software, design, text, graphics, logos, icons, and the overall look and feel of the AtomInc website and Platform are the exclusive property of AtomInc Ltd and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any of our intellectual property without our prior written consent.
6.2 Your Intellectual Property
You retain all rights to your brand assets, product data, trademarks, and other intellectual property that you provide to us. By providing such content, you grant AtomInc a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, and display your content solely for the purpose of providing the Services, including creating marketplace listings, running advertising campaigns, and producing marketing materials on your behalf.
6.3 Feedback
If you provide us with suggestions, ideas, or feedback regarding our Platform or Services, you agree that we may freely use such feedback without restriction or compensation to you.
7. Data & Content Ownership
You own all data and content you upload, submit, or generate through the Platform ("Client Data"). AtomInc acts as a data processor with respect to your Client Data and will process it only in accordance with these Terms, our Privacy Policy, and any applicable data processing agreement.
We may use aggregated, anonymised data derived from your use of the Platform for analytics, benchmarking, and service improvement purposes. Such aggregated data will not identify you or your business.
Upon termination of your account, you may request export of your Client Data within 30 days. After this period, we may delete your data in accordance with our retention policies, subject to legal obligations.
8. Fees & Payment
- Fees for our Services will be set out in your individual service agreement, order form, or as displayed on our pricing page.
- All fees are exclusive of applicable taxes unless otherwise stated. You are responsible for any VAT, GST, or other taxes applicable to your purchase of our Services in your jurisdiction.
- Payment is due within the timeframe specified in your service agreement. Late payments may incur interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.
- We reserve the right to adjust pricing with 30 days' written notice. Continued use of our Services after a price adjustment constitutes acceptance of the new fees.
- Marketplace fees, logistics costs, customs duties, and taxes incurred on your behalf are passed through at cost and invoiced separately, with full transparency in your AtomInc dashboard.
9. Marketplace & Third-Party Terms
AtomInc activates and manages your brand presence on third-party marketplaces. You acknowledge and agree that:
- Each marketplace (Amazon, Noon, Daraz, eBay, etc.) has its own terms of service, seller policies, and community guidelines. While AtomInc manages compliance with these policies on your behalf, you remain ultimately responsible for ensuring your products and brand meet marketplace requirements.
- Marketplace platforms may change their policies, fees, or requirements at any time. AtomInc will notify you of material changes that affect your operations and adjust our services accordingly.
- AtomInc is not liable for actions taken by marketplace platforms, including but not limited to listing removals, account suspensions, policy violations assessed by the marketplace, or changes to marketplace fee structures.
- Where AtomInc acts as your legal importer-of-record or local brand representative, this is done under our entity structure for operational purposes and does not transfer ownership or legal responsibility for product quality and safety to AtomInc.
10. Logistics, Customs & Compliance
AtomInc provides logistics coordination, customs clearance, and regulatory compliance as part of our Services. You acknowledge and agree that:
- Cargo Insurance: all shipments managed by AtomInc are fully insured from our warehouse to the end customer. Claims are processed through our dashboard and are subject to the terms of our insurance policy.
- Customs Clearance: AtomInc handles all customs documentation, HS code classification, and duty payments. However, delays or holds by customs authorities may occur due to factors beyond our control, including regulatory inspections, documentation discrepancies originating from third parties, or changes in import regulations.
- Prohibited & Restricted Goods: you are responsible for ensuring that your products are not prohibited or restricted in the destination markets. AtomInc will advise on known restrictions but does not guarantee the admissibility of any product in any jurisdiction.
- Tax Compliance: AtomInc manages VAT registration, filing, and compliance on your behalf in agreed territories. You are responsible for providing accurate product and transaction data required for tax calculations and filings.
- Delivery Timelines: estimated delivery timelines are provided in good faith but are not guaranteed. Shipping delays due to carrier issues, port congestion, weather events, customs holds, or force majeure events are excluded from our service commitments.
11. Confidentiality
Each party agrees to keep confidential all non-public information disclosed by the other party in connection with these Terms and the Services ("Confidential Information"). Confidential Information includes business plans, financial data, customer lists, pricing, product strategies, and technical specifications.
Confidential Information may not be disclosed to third parties except as necessary to provide the Services, with the disclosing party's prior consent, or as required by law. This obligation survives termination of these Terms for a period of three (3) years.
12. Warranties & Disclaimers
AtomInc warrants that it will provide the Services with reasonable skill and care, in accordance with generally accepted industry standards for cross-border commerce operations.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ATOMINC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
AtomInc does not warrant that the Platform will be uninterrupted, error-free, or completely secure, or that any particular sales volume, revenue, or profit outcome will be achieved through our Services.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- In no event shall AtomInc, its directors, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, revenue, data, business opportunities, goodwill, or other intangible losses, arising out of or in connection with these Terms or the use of our Services.
- AtomInc's total aggregate liability for all claims arising out of or relating to these Terms or the Services shall not exceed the total fees paid by you to AtomInc during the twelve (12) months immediately preceding the event giving rise to the claim.
- These limitations apply regardless of the legal theory on which the claim is based, whether in contract, tort (including negligence), strict liability, or otherwise, and even if AtomInc has been advised of the possibility of such damages.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
14. Indemnification
You agree to indemnify, defend, and hold harmless AtomInc and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your breach of these Terms.
- Your violation of any applicable law or regulation.
- Products that are defective, unsafe, counterfeit, prohibited, or that infringe upon the intellectual property rights of any third party.
- Product liability claims from end customers related to goods you have instructed us to distribute.
- Any inaccurate or misleading information you provide for marketplace listings, customs declarations, or regulatory filings.
15. Termination
15.1 Termination by Either Party
Either party may terminate these Terms by providing 30 days' written notice to the other party. Specific service agreements may include different notice periods, which shall take precedence.
15.2 Termination for Cause
Either party may terminate these Terms immediately upon written notice if the other party materially breaches these Terms and fails to cure such breach within 14 days of receiving written notice of the breach.
15.3 Effect of Termination
Upon termination:
- Your access to the Platform will be suspended and subsequently revoked.
- All outstanding fees and costs incurred prior to termination remain payable.
- AtomInc will complete any in-transit shipments and pending customs clearances, with associated costs borne by you.
- You may request export of your Client Data within 30 days of termination.
- Provisions that by their nature should survive termination will survive, including intellectual property, confidentiality, limitation of liability, indemnification, and governing law.
16. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.
Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation between the parties for a period of 30 days. If the dispute cannot be resolved through negotiation, it shall be submitted to the exclusive jurisdiction of the courts of England and Wales.
Nothing in this clause prevents either party from seeking interim or injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
17. Changes to These Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you by email or through a prominent notice on our website. Your continued use of our Services after such changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you should discontinue use of our Services.
18. General Provisions
- Entire Agreement: these Terms, together with any service agreement or order form and our Privacy Policy, constitute the entire agreement between you and AtomInc and supersede all prior negotiations, representations, and agreements.
- Severability: if any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- Waiver: failure by AtomInc to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
- Assignment: you may not assign or transfer your rights under these Terms without our prior written consent. AtomInc may assign its rights and obligations to an affiliate or successor entity.
- Force Majeure: AtomInc shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, port closures, carrier disruptions, or sanctions.
- Notices: notices to AtomInc should be sent to info@atominc.co. Notices to you will be sent to the email address associated with your account.
If you have questions about these Terms of Service, please contact us:
AtomInc Ltd
Email: info@atominc.co
Website: www.atominc.co/contact
