Last Updated: August 17, 2026 | Effective Date: August 17, 2026
1. Agreement to Terms
These Terms of Use (the "Terms") are a binding agreement between you and AtmosAI, Inc., a Wyoming corporation ("we," "us," or "our"), governing your access to and use of Marketing Titan and all related websites, applications, APIs, and services (the "Service").
By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity. If you lack that authority, you may not accept these Terms or use the Service.
Incorporated documents. The following form part of these Terms: the Privacy Policy, the Acceptable Use Policy, the Copyright and DMCA Policy, the Data Processing Addendum, and any Order Form executed between us. Where a signed Order Form conflicts with these Terms, the Order Form controls for that customer.
2. Definitions
"Contact Database" means the compiled business contact records we make available through the Service, including derived attributes and scores.
"Customer Data" means data you upload, import, create, sync, or otherwise submit to the Service, including CRM records, campaign audiences, message content, creative assets, and prompts. Customer Data does not include Contact Database records except once you have exported or imported them into your workspace, at which point the exported copy is Customer Data.
"Generated Output" means content produced by the Service's AI features in response to your inputs, including copy, images, video, audio, campaign structures, and recommendations.
"Credits" means the consumption units used to meter Service usage, as described in Section 5.
"Users" means individuals you authorize to access the Service under your account.
3. Eligibility and Accounts
You must be at least 18 and capable of forming a binding contract. The Service is for business use; it is not offered for personal, household, or consumer purposes.
You are responsible for the accuracy of your account information, for maintaining the confidentiality of credentials and API keys, for all activity under your account, and for your Users' compliance with these Terms. Notify us promptly at security@marketingtitan.ai of any unauthorized access.
We may verify your identity, business registration, and intended use, and may refuse or terminate accounts where verification fails or where use presents legal or reputational risk.
4. The Service
Marketing Titan provides marketing and sales tooling including a CRM, access to the Contact Database, AI-assisted campaign strategy and content generation, multi-channel campaign delivery across email, SMS, voice, social, and paid advertising, analytics, and related features.
We may modify the Service. We may add, change, or discontinue features. For changes that materially reduce core functionality you are paying for, we will give at least 30 days' notice, and you may terminate and receive a pro-rata refund of prepaid, unused fees.
Availability. We aim for high availability but do not guarantee uninterrupted access. No service level agreement applies to any plan unless separately agreed in writing.
Beta features. Features designated beta, preview, or early access are provided as-is, may be discontinued at any time, are excluded from any availability commitment, and should not be used with critical data.
5. Plans, Credits, and Billing
5.1 Plans and Credits
The Service is sold on subscription plans with monthly Credit allocations, described at marketingtitan.ai/pricing. Credits are consumed as published at the time of use. We may change Credit consumption rates on 30 days' notice.
Unused Credits expire at the end of each billing period and do not roll over.
Credits have no cash value, are not refundable, and may not be transferred or sold.
5.2 Fees and Payment
Fees are as stated at checkout or on your Order Form, in US dollars, and exclusive of taxes. You authorize us and our payment processor to charge your payment method on a recurring basis.
Auto-renewal. Subscriptions renew automatically for successive periods unless cancelled before the renewal date. We will send renewal reminders where required by applicable law.
Cancellation. You may cancel at any time through your account settings, effective at the end of the current billing period. Monthly fees already paid are not refunded.
Price changes. We may change pricing on 30 days' notice, effective at your next renewal.
Non-payment. We may suspend the Service for overdue amounts after 10 days' notice, and may charge interest at the lesser of 1.5% per month or the maximum permitted by law, plus reasonable collection costs.
Taxes. You are responsible for all sales, use, VAT, GST, and similar taxes other than taxes on our income.
5.3 Free Plan
Free plan access is provided as-is, may be limited or discontinued at any time, and carries no support commitment. We may terminate inactive free accounts on notice.
5.4 Refunds
Fees are non-refundable except as expressly stated in these Terms or required by law.
6. Customer Data
6.1 Ownership
As between the parties, you own Customer Data. We claim no ownership.
6.2 License to Us
You grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, reproduce, modify, and process Customer Data solely to provide, secure, and support the Service, and as permitted by the Data Processing Addendum.
We do not train artificial intelligence or machine learning models on Customer Data, and we do not add Customer Data to the Contact Database. We do not develop our own models; AI features are powered by third-party providers configured to disable training on customer data where that option is available. We use aggregated, de-identified data that cannot reasonably be re-associated with you or any individual to operate and improve the Service and our AI agents.
6.3 Your Responsibilities
You represent and warrant that you have all rights necessary to submit Customer Data and grant the above license; that any contact list you upload was lawfully obtained and was not purchased, rented, harvested, or scraped; that Customer Data does not infringe third-party rights; that you have a lawful basis for processing personal data in Customer Data and have given required notices to the individuals concerned; and that Customer Data contains no special category or sensitive personal data, protected health information, payment card data, or government identifiers absent a separate written agreement with us.
6.4 Backup
You are responsible for maintaining your own copies of Customer Data. We maintain backups for operational continuity but do not warrant recovery of lost data.
7. The Contact Database
7.1 License
Subject to these Terms and your plan limits, we grant you a limited, non-exclusive, non-transferable, revocable license to access Contact Database records and use them for your own internal B2B sales and marketing purposes only.
7.2 Restrictions
You may not:
- Resell, sublicense, redistribute, publish, or otherwise make Contact Database records available to any third party
- Use records to build, train, enrich, or supplement any database, dataset, or product that competes with the Service
- Use records to train any AI or machine learning model
- Use records for consumer marketing, telemarketing to consumers, debt collection, employment screening, tenant screening, insurance underwriting, or credit decisions
- Use records for any purpose regulated by the Fair Credit Reporting Act. The Service is not a consumer reporting agency and Contact Database records are not consumer reports.
- Scrape, crawl, or bulk-extract records other than through documented export and API functionality within your plan limits
- Circumvent Credit metering, rate limits, or access controls
7.3 Verification of Compliance
We may embed identifiable seed records within Contact Database results for the purpose of detecting unauthorised redistribution, resale, or use. Attempting to identify, isolate, or remove seed records is a material breach.
Where we reasonably suspect breach of Section 7.2, you will, within 10 business days of written request, provide information sufficient to demonstrate compliance, including the disposition of records exported from the Service. We may engage an independent third party, bound by confidentiality, to verify compliance at our expense — unless a breach is established, in which case you bear the reasonable cost.
Injunctive relief. You acknowledge that breach of Section 7.2 would cause irreparable harm for which monetary damages are an inadequate remedy, and that we are entitled to seek injunctive relief without posting bond, in addition to any other remedy.
7.4 No Accuracy Warranty
Contact Database records are compiled from third-party and public sources and are provided as-is. Accuracy figures, verification rates, and deliverability statistics published on our websites or in marketing materials are performance targets based on historical aggregate results, not warranties applicable to any individual record, export, or campaign. We do not warrant that any record is accurate, current, complete, or suitable for any particular purpose.
7.5 No Consent Warranty
We do not obtain consent on your behalf. We do not warrant that any individual in the Contact Database has consented to receive email, SMS, or calls from you, or that contacting them is lawful in your jurisdiction or theirs. Determining the lawful basis for every communication is your responsibility. See Section 12.
7.6 Deletion Notices
Individuals may ask us to delete their record from the Contact Database. You must honor deletion notices we send you, including for records you exported before the request, within 10 business days, and must not re-import a record identified in such a notice. This obligation survives termination.
8. AI Features and Generated Output
See also our AI Transparency Notice.
8.1 Ownership
As between the parties, and to the extent permitted by law, you own Generated Output created from your inputs. We assign whatever rights we may hold in it.
8.2 Nature of AI Output
You acknowledge that:
- Generated Output may be inaccurate, misleading, or fabricated. AI systems produce plausible-sounding content that may be factually wrong.
- Generated Output is not unique. Similar or identical output may be generated for other customers, including competitors.
- We do not warrant that Generated Output is original or free of third-party rights. Output may resemble existing works. Copyright protection for AI-generated material is unsettled and varies by jurisdiction; you may not be able to register or enforce rights in it.
- You must review Generated Output before publication or transmission. You are solely responsible for what you publish, send, or rely on.
8.3 Prohibited Uses of AI Features
You may not use AI features to generate content that is unlawful, defamatory, deceptive, or infringing; that impersonates any person or organization; that constitutes political advertising in a jurisdiction where it is restricted; or that depicts an identifiable individual without their consent, including synthetic voice or likeness.
8.4 Voice Features
Where the Service permits custom voice creation, you represent that you hold documented consent from the individual whose voice is used. Several jurisdictions regulate digital voice replicas, and the FCC has held that AI-generated voices in unsolicited calls fall within the TCPA's artificial-voice prohibition.
8.6 EU AI Act — Your Obligations as Deployer
Where you use AI features in connection with individuals in the European Union, Article 50 of the EU AI Act applies to you as a deployer. From 2 August 2026 you must:
- Disclose AI interaction. Ensure individuals who interact with AI Caller or other conversational features are informed they are dealing with an AI system, in a clear and distinguishable form at the point of first interaction.
- Disclose deepfakes. Where you publish generated image, audio, or video content depicting a real person, disclose that the content is artificially generated or manipulated.
- Disclose AI-generated public-interest text. Where you publish AI-generated or AI-manipulated text to inform the public on matters of public interest, disclose that it was artificially generated, unless it has undergone human review and you assume editorial responsibility.
- Preserve our markings. Do not remove, disable, or obscure machine-readable markings we apply to generated content.
Penalties under the AI Act reach €15 million or 3% of worldwide annual turnover, whichever is higher. You are responsible for your own compliance as deployer, and Section 15.1 applies.
8.7 Third-Party Models
AI features are delivered partly through third-party model providers listed at marketingtitan.ai/subprocessors. Their availability, behavior, and output may change without notice.
9. Intellectual Property
We and our licensors own the Service, including all software, models, interfaces, documentation, trademarks, and the Contact Database compilation and its structure. Except for the licenses expressly granted, no rights are transferred.
You may not copy, modify, reverse engineer, decompile, create derivative works from, or attempt to derive the source code, model weights, or training data of the Service, except to the extent this restriction is unenforceable under applicable law.
Copyright complaints. Our notice and takedown process is set out in the Copyright and DMCA Policy. We terminate repeat infringers' accounts in appropriate circumstances.
Feedback. If you provide suggestions or feedback, we may use it without restriction or obligation to you.
Publicity. We may identify you as a customer and use your name and logo in customer lists and on our website. You may opt out by writing to legal@marketingtitan.ai. Any other use — case studies, quotations, or performance metrics — requires your written consent.
10. Third-Party Integrations
The Service connects to third-party platforms at your direction. Those platforms are not under our control. Your use of them is governed by their terms, we are not responsible for their availability, security, or data practices, and we are not liable for loss arising from them.
You are responsible for maintaining valid credentials and for compliance with each platform's terms, including any prohibition on automated access.
11. Confidentiality
Each party will protect the other's non-public information disclosed in connection with the Service using at least reasonable care, and will use it only to perform under these Terms. Exclusions apply for information that is public through no fault of the recipient, independently developed, or rightfully received from a third party. Disclosure compelled by law is permitted with prompt notice where legally allowed. These obligations survive for 3 years after termination, and indefinitely for trade secrets.
12. Acceptable Use
Your use of the Service is governed by our Acceptable Use Policy, incorporated into these Terms. It sets out your outreach compliance obligations, prohibited content and conduct, restricted industries, contact data restrictions, and deliverability standards. Breach of that policy is a breach of these Terms and may result in immediate suspension under Section 12.5.
The summary below highlights the obligations most likely to create liability. It does not replace the full policy.
12.1 Outreach Compliance
You are solely responsible for the legality of every communication you send through the Service.
Email — CAN-SPAM. Accurate headers and subject lines, identification as an advertisement where required, a valid physical postal address, a functioning opt-out, and opt-out processing within 10 business days.
Email — CASL (Canada). Express or valid implied consent before sending any commercial electronic message to a Canadian recipient. Sender identification, contact information valid for 60 days, and unsubscribe processing within 10 business days. Penalties reach CAD $10 million per violation, and directors and officers may be personally liable.
Email — EEA and UK. Compliance with PECR and national ePrivacy rules, which generally require prior consent for electronic marketing to individuals. Requirements for corporate subscribers vary by member state.
Calls and SMS — TCPA. Prior express written consent before any automated or AI-generated call or text. Business mobile numbers may be protected regardless of business-use context. Statutory damages are $500 to $1,500 per violation, and TCPA claims are frequently brought as class actions.
Do-not-call. Scrubbing against the National DNC Registry, applicable state registries, and your own internal DNC list. We do not perform DNC scrubbing unless expressly offered as a feature of your plan.
Call recording. All-party consent is required in numerous states including California, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington. Canada requires notification. EEA and UK recording requires a lawful basis and clear notice. You must configure disclosures and obtain consents before recording.
AI disclosure. Where required, AI-driven callers must identify themselves as such. We recommend AI identification at the start of every AI-initiated call and in every AI-generated message regardless of jurisdiction.
Advertising platforms. Where you upload audience data, you must hold a lawful basis and make the disclosures the platform requires of advertisers.
12.2 Consent Records and Verification
You must maintain records evidencing the legal basis for every communication you send through the Service, including the source of each contact, the date and manner in which consent was obtained where consent is the basis, the specific scope of that consent, and all opt-out and do-not-contact requests received. Retain these records for at least five years, or longer where applicable law requires.
You must produce those records to us within 5 business days of a written request. We may request them where we receive a complaint, a regulatory inquiry, a demand letter, or a subpoena relating to your use of the Service, or where sending metrics indicate a compliance risk.
Failure to produce records on request is a material breach and grounds for immediate suspension under Section 12.5.
We may also place test addresses and monitored numbers within campaigns to verify compliance with this policy. Interfering with, or attempting to identify and exclude, such addresses is a material breach.
Cooperation with claims. If a claim, regulatory inquiry, or demand is brought against either of us arising from your outreach, you will cooperate fully and promptly, preserve all relevant records, and provide the evidence and witnesses reasonably necessary to respond. This obligation survives termination.
12.3 Prohibited Uses
You may not use the Service to:
- Send unsolicited communications in violation of applicable law
- Send content that is unlawful, fraudulent, deceptive, harassing, defamatory, obscene, or that promotes violence or discrimination
- Impersonate any person or organization, or misrepresent affiliation
- Distribute malware, phishing content, or links to malicious sites
- Promote illegal drugs or controlled substances; weapons, firearms, or ammunition; adult or sexually explicit content; gambling or betting; cryptocurrency offerings, high-yield investment programs, or get-rich-quick schemes; payday, title, or predatory lending; multi-level marketing or pyramid schemes; debt relief or credit repair services; or prescription pharmaceuticals
- Circumvent rate limits, Credit metering, or technical restrictions
- Access the Service to build a competing product, or benchmark it for publication without our written consent
- Interfere with the Service's operation, security, or other customers' use
- Use purchased, rented, harvested, or scraped contact lists in campaigns
12.4 Deliverability and Sending Standards
You must maintain reasonable list hygiene and sending practices. We may throttle, suspend, or terminate sending where bounce rates, spam complaint rates, or blocklist activity exceed acceptable thresholds, or where your activity threatens the deliverability reputation of our infrastructure or other customers.
12.5 Enforcement
We may investigate suspected violations and may remove content, throttle, suspend, or terminate access. Where a violation threatens legal exposure, infrastructure integrity, or other customers, we may act immediately without notice. Otherwise we will give notice and a reasonable opportunity to cure where practicable.
13. Data Protection
Our processing of personal data is governed by the Privacy Policy and the Data Processing Addendum, which is incorporated by reference and applies automatically where you submit personal data subject to GDPR, UK GDPR, PIPEDA, Quebec Law 25, or US state privacy law.
Roles. For Customer Data, you are the controller and we are the processor. For the Contact Database, our own account and telemetry data, and our marketing, we are the controller.
14. Warranties and Disclaimers
Mutual. Each party warrants that it has authority to enter these Terms and will comply with laws applicable to its performance.
No reliance. You have not relied on any statement, representation, or assurance not expressly set out in these Terms. Nothing in this paragraph limits liability for fraudulent misrepresentation.
Our limited warranty. We warrant that the Service will perform materially as described in our published documentation. Your exclusive remedy for breach is, at our option, correction of the non-conformity or termination with a pro-rata refund of prepaid unused fees.
DISCLAIMER. EXCEPT AS EXPRESSLY STATED, THE SERVICE, THE CONTACT DATABASE, AND ALL GENERATED OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.
WE SPECIFICALLY DO NOT WARRANT that the Service will be uninterrupted or error-free; that Contact Database records are accurate, current, or complete; that any communication will be delivered, opened, or answered; that Generated Output will be accurate, original, or non-infringing; that your use will comply with laws applicable to you; or that you will achieve any particular business result. Any accuracy, deliverability, bounce-rate, or performance figures published in our marketing materials are targets, not warranties.
Some jurisdictions do not allow certain exclusions, and these disclaimers apply to the fullest extent permitted.
15. Indemnification
15.1 By You
You will defend, indemnify, and hold us and our officers, directors, employees, and agents harmless from any claim, damages, liability, penalty, fine, and reasonable legal fees arising from: your Customer Data; your use of Contact Database records; any communication you send through the Service, including claims under TCPA, CAN-SPAM, CASL, state telemarketing or recording statutes, or data protection law; your breach of these Terms or the Acceptable Use Policy; your violation of any third-party platform's terms; your publication or use of Generated Output; and your Users' conduct.
15.2 By Us
We will defend you against third-party claims that the Service, as provided by us and used in accordance with these Terms, infringes a US patent, copyright, or trademark, and will pay resulting damages finally awarded. This does not apply to claims arising from Customer Data, Generated Output, Contact Database records, your use in violation of these Terms, combination with anything not provided by us, or modifications not made by us.
If the Service is or may become subject to such a claim, we may procure the right to continue use, modify the Service, or terminate and refund prepaid unused fees.
This is our entire liability for infringement claims.
15.3 Procedure
The indemnified party must give prompt notice, allow the indemnifying party to control the defense, and provide reasonable cooperation. No settlement imposing liability or admission on the indemnified party without its consent.
16. Limitation of Liability
NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, regardless of the theory of liability and even if advised of the possibility.
OUR TOTAL AGGREGATE LIABILITY arising out of or relating to these Terms or the Service will not exceed the greater of the fees you paid in the 12 months preceding the event giving rise to the claim, or $100.
Exclusions from the cap. The cap does not apply to your payment obligations, your indemnification obligations under Section 15.1, your breach of Section 7.2 (Contact Database restrictions) or Section 12 (Acceptable Use), any regulatory fine or penalty imposed on us as a result of your acts or omissions, either party's breach of confidentiality, or liability that cannot be limited by law — including, in the EEA and UK, death or personal injury caused by negligence, and fraud.
Some jurisdictions do not allow these limitations, and they apply to the fullest extent permitted.
17. Term, Suspension, and Termination
Term. These Terms apply from account creation until terminated.
Termination by you. Cancel at any time through account settings, effective at the end of the current billing period.
Termination by us. We may terminate or suspend for material breach not cured within 10 days of notice; immediately for breach of Section 7 or Section 12, or for non-payment after notice; immediately where required by law or where continued service creates material legal, security, or reputational risk; or for convenience on 30 days' notice with a pro-rata refund of prepaid unused fees.
Effect. Access ends; outstanding fees become due; each party returns or destroys the other's confidential information.
Data export. For 30 days after termination you may export Customer Data through available Service functionality. After that we may delete it, subject to the Data Processing Addendum and our retention schedule. Contact Database records remain subject to Sections 7.2 and 7.6, including the ongoing deletion-notice obligation.
Survival. Sections 2, 6.1, 7.2, 7.3, 7.6, 8.2, 9, 11, 12.2, and 14 through 21 survive.
18. Dispute Resolution
18.1 Informal Resolution
Before filing, the parties will attempt good-faith resolution for 30 days after written notice describing the dispute and the relief sought.
18.2 Arbitration and Class Waiver (US customers)
For customers whose principal place of business is in the United States, disputes not resolved informally will be settled by binding arbitration administered by JAMS under its commercial rules, before one arbitrator, seated in Cheyenne, Wyoming, in English.
Class waiver. Disputes will be brought only in an individual capacity, not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. If this waiver is held unenforceable as to any claim, that claim proceeds in court and the remainder stays in arbitration.
Exceptions. Either party may seek injunctive relief in court to protect intellectual property or confidential information, and either may bring a claim in small claims court.
Costs. In any proceeding to enforce these Terms, the prevailing party is entitled to recover its reasonable attorneys' fees and costs, to the extent permitted by applicable law.
18.3 Governing Law and Venue
These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-laws rules, and excluding the UN Convention on Contracts for the International Sale of Goods.
For disputes not subject to arbitration, the parties submit to the exclusive jurisdiction of the courts of Sheridan County, Wyoming.
18.4 Non-US Customers
Nothing in this Section deprives you of the protection of mandatory consumer or data protection law in your country of residence, or of the right to bring proceedings in your local courts where applicable law grants that right. Section 18.2 does not apply where prohibited by the law applicable to you.
19. Insurance
Where your monthly sending volume exceeds 100,000 messages, or where you use AI Caller or AI SDR, you will maintain at your own expense:
- Commercial general liability insurance of not less than $1,000,000 per occurrence and $2,000,000 aggregate
- Errors and omissions or technology professional liability insurance of not less than $1,000,000 per claim
- Cyber liability insurance of not less than $1,000,000 per claim
You will provide certificates of insurance within 10 business days of written request. Failure to maintain required coverage is a material breach.
20. Compliance with Law
Export and sanctions. You may not use the Service in violation of US export controls or OFAC sanctions. You represent that you are not located in, organized under the laws of, or subject to the jurisdiction of any sanctioned country or region, and are not on any US government prohibited parties list.
Anti-corruption. Neither party will offer or accept improper payments in connection with these Terms.
21. General
Changes to these Terms. We may modify these Terms. For material changes we will give at least 30 days' notice by email and in-product. Continued use after the effective date constitutes acceptance. If you object, your remedy is to terminate before the change takes effect and receive a pro-rata refund of prepaid unused fees. Prior versions are archived at marketingtitan.ai/terms/archive.
Time limit on claims. Any claim arising out of or relating to these Terms or the Service must be brought within one year after the claim arose, or it is permanently barred. This does not apply where a shorter or longer period is required by law and cannot be varied by agreement.
No third-party beneficiaries. These Terms create no rights in any person other than you and us. Your Users, customers, and contacts are not third-party beneficiaries and may not enforce these Terms.
Chargebacks. Initiating a chargeback or payment dispute without first raising the issue with us under Section 18.1 is a material breach. We may suspend the account and recover the disputed amount plus reasonable processing and collection costs.
Assignment. You may not assign without our written consent, except to a successor in a merger or sale of substantially all assets, on notice. We may assign freely.
Force majeure. Neither party is liable for delay or failure caused by events beyond reasonable control, excluding payment obligations.
Notices. To you, by email to your account address or in-product. To us, at legal@marketingtitan.ai with a copy to 30 N Gould St, Ste. R, Sheridan, WY 82801.
Independent contractors. No agency, partnership, joint venture, or employment relationship is created.
Severability and waiver. If a provision is unenforceable, it is modified to the minimum extent necessary and the remainder stands. Failure to enforce is not a waiver.
Entire agreement. These Terms and incorporated documents are the entire agreement and supersede prior discussions, including any conflicting terms in your purchase order or vendor forms.
22. Contact
AtmosAI, Inc. 30 N Gould St, Ste. R, Sheridan, WY 82801
Legal: legal@marketingtitan.ai Support: support@marketingtitan.ai Security: security@marketingtitan.ai