Terms of Service

These Terms of Service (“Terms”) are an agreement between you and Aceson Ryan Jones, a sole proprietor doing business as ATech Software (“ATech,” “we,” “us,” or “our”). ATech Software is a business name used by that sole proprietor, located at 494 Main St, Fyffe, AL 35971. ATech Software is not a limited liability company, corporation, or other limited-liability entity.

These Terms govern your use of atechsoftware.com and any software, application programming interfaces (APIs), accounts, and related services we provide (the “Services”). Some parts of the Services may be limited, experimental, or not yet generally available. By using the Services, you agree to these Terms. If you do not agree, do not use the Services.

Our Privacy Policy at https://atechsoftware.com/privacy explains how we handle personal information.

Meta Birds at https://meta-birds.com is a separate ATech Software site with its own terms and privacy policy. If you use Meta Birds, those separate terms apply there.

1. Eligibility and accounts

You must be at least 13 years old to use the Services. If you are under 18 years old, or under the age of majority in your place of residence if that is higher, you may use the Services only with permission from a parent or legal guardian. That parent or guardian agrees to these Terms on your behalf and is responsible for your use of the Services. Paid plans must be purchased by an adult who is at least 18 years old, or the age of majority in their place of residence if that is higher.

If you use the Services on behalf of a company or other organization, you represent that you have authority to bind that organization, and “you” includes that organization.

You may browse public pages without an account. Some features may require an account. If you create one, you must provide accurate information (such as a display name, a valid email address, and a password) and keep it up to date. You are responsible for your account and for keeping your login credentials confidential. You must notify us promptly at contact@atechsoftware.com if you believe your account has been accessed without permission. We may require you to verify your email address before you can use some features.

You may not share your account or any API keys, access tokens, or other credentials we issue. You are responsible for activity that occurs under your account or credentials.

Creating an account or visiting the website does not mean that every product, API, plan, or feature mentioned on the website is available to download, call, or use.

2. The Services, including APIs

The Services may include our website, documentation, software, and APIs, and any related accounts or dashboards we offer. We may add, change, limit, or discontinue features at any time.

We do not promise that any particular API, plan, feature, or integration is available now, will be released, or will remain available. Where we publish plan descriptions or technical information, those descriptions may change and may include features that are planned, limited, or not generally available.

If we give you API access:

• You may use the API only as we document and only for your own lawful projects.
• You must keep keys and tokens confidential and use reasonable care to protect them.
• You must respect any rate limits, quotas, and technical restrictions we set.
• You may not use the API to attempt unauthorized access, to interfere with the Services, or to resell access unless we agree in writing.
• We may throttle, suspend, or revoke API access if we believe it is being abused, if we must do so for security or legal reasons, or if we discontinue the API.

We are not a substitute for your own backups. You should keep your own copies of anything important. We do not promise that data, output, or availability will be error-free or uninterrupted.

3. Acceptable use

You agree to use the Services only for lawful purposes and in a way that does not harm the Services or other people. You may not:

• Break the law or infringe anyone’s rights, including intellectual-property, privacy, or publicity rights
• Try to gain unauthorized access to accounts, systems, data, or APIs that are not yours
• Bypass plan limits, rate limits, security measures, or email verification
• Upload or transmit malware or content that is illegal, harmful, or that you do not have the right to use
• Abuse compute, storage, bandwidth, email, or other resources, including through automated or disposable accounts
• Interfere with or disrupt the Services
• Misrepresent your identity or your affiliation with ATech
• Use the Services to send spam or to scrape or harvest data except as our published interfaces expressly allow
• Resell, sublicense, or provide the Services to third parties except as we expressly allow

We may suspend or close accounts, revoke credentials, or block access that violates these rules.

4. Plans and billing

Published plans

Current advertised ATech Cloud plan prices are described at https://atechsoftware.com/plans and, as of the effective date of these Terms, are:

• Free — $0
• Pro — $29 per month
• Studio — $99 per month per seat
• Enterprise — custom pricing and terms, arranged by contacting us at contact@atechsoftware.com. Enterprise is not an ordinary self-service checkout plan.

Features, limits, and availability of each plan are described on the Plans page and may change. A plan listing on the website is not a promise that every listed feature is available today.

If you use a Studio (or other per-seat) plan, you must pay for each seat you use or assign. You are responsible for the people who access the Services under your seats, and for keeping the number of seats accurate.

Taxes

Prices may not include applicable taxes. You are responsible for any sales, use, value-added, or similar taxes that apply, except taxes based on our net income. We may charge tax when the law requires us to collect it.

Payment

If you buy a paid plan, payment is processed by our payment processor (Stripe). We do not ask you to type full card numbers into a form we host ourselves. You authorize us and our payment processor to charge the payment method you provide for the plan you select, including recurring renewal charges, applicable taxes, and any per-seat amounts.

Paid plans must be purchased by an adult who is at least 18 years old, or the age of majority in their place of residence if that is higher.

Automatic renewal

Paid plans are billed in advance for each billing period (monthly, unless we agree otherwise in writing). Your paid plan automatically renews at the then-current price until you cancel. Unless you cancel before the renewal date, you authorize us and our payment processor to charge the renewal amount to your payment method.

Cancellation

You may cancel a paid plan at any time. Cancel by using the billing or account settings we provide, including any customer billing portal our payment processor makes available, or by emailing contact@atechsoftware.com from the email address on the account and asking us to cancel.

Cancellation takes effect at the end of the then-current billing period. You will keep access to the paid features you already paid for until that period ends, unless we terminate access earlier for a reason allowed in these Terms. Canceling stops future renewals; it does not immediately end a period that is already paid.

If you signed up online, we will provide an online way to cancel that does not require you to call us. Emailing contact@atechsoftware.com is also enough for us to process a cancellation request.

Refunds

Except where the law requires otherwise, payments are non-refundable and we do not give partial or prorated refunds for unused time, unused seats, or downgrades during a billing period. If the law in your place of residence requires a refund or a different cancellation right, we will honor that requirement.

Price and plan changes

We may change plan features, limits, or prices. If we change the price of a plan you already pay for, we will give you reasonable advance notice (for example, by email to the address on your account and/or by a notice in your account) before the new price applies to a renewal. If you do not agree to the new price, you may cancel before the renewal date as described above.

Custom Enterprise terms, if any, control over this section where they conflict.

5. User content

You retain ownership of content you submit to the Services, including files, code, prompts, data, and other materials you upload or send us (“User Content”). You are responsible for that content and for having the rights needed to use it with the Services.

You grant ATech a limited, worldwide, non-exclusive license to host, store, process, transmit, and display User Content only as needed to provide, secure, and support the Services (for example, storing something you submit, showing it in your account, or processing an API request you make). We do not claim ownership of your User Content.

If you send us feedback or suggestions, we may use them without restriction or obligation to you.

You should keep your own copies of important work. We are not a backup service and we do not promise to retain User Content after you delete it or after your account ends.

6. ATech intellectual property

The Services, including atechsoftware.com, our software and APIs, documentation, branding, and the materials we provide, are owned by ATech or our licensors. These Terms do not give you ownership of them.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Services for your own lawful projects. You may not copy, modify, reverse engineer (except where the law does not allow us to restrict that), resell, or redistribute the Services except as we expressly allow.

Third-party names mentioned on the site belong to their owners. References to other companies or products are for identification only and do not mean those parties sponsor or endorse us.

7. Beta, preview, and pre-release features

Some of our software, APIs, and features may be experimental, pre-release, incomplete, or not generally available. Pre-release or in-development software is provided as-is. It may change, break, be delayed, or never be released. It may not have features described on our website as plans or goals. You should not rely on it for production or time-critical work unless we separately agree in writing.

If we later offer a download, API, or preview, these Terms apply to it unless we provide additional preview terms.

8. Third-party services and links

The Services may depend on or link to third parties, including our payment processor (Stripe) and our backend or hosting providers (including Supabase and Cloudflare). Those providers have their own terms and privacy policies. We are not responsible for third-party sites or services we do not control.

If you leave our site to use Meta Birds (https://meta-birds.com) or to visit itch.io or another linked site, that other site’s terms apply there.

9. Copyright complaints (DMCA)

If you believe content on the Services infringes your copyright, please send a notice to contact@atechsoftware.com that includes:

• Your physical or electronic signature
• Identification of the copyrighted work you claim has been infringed
• Identification of the material you claim is infringing, and information reasonably sufficient to let us find it (such as a URL)
• Your name, mailing address, telephone number, and email address
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
• A statement that the information in the notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the owner’s behalf

We may remove or disable access to material that we believe may infringe, and we may terminate access for users who repeatedly infringe.

Until a designated agent is registered with the U.S. Copyright Office, send notices to contact@atechsoftware.com using the information above.

10. Termination

You may stop using the Services at any time and may request account deletion as described in our Privacy Policy.

We may suspend or end your access if you violate these Terms, if we must do so for security or legal reasons, if we discontinue the Services, or to protect the Services from abuse.

When an account ends, your right to use the Services ends. We may delete User Content and other account data after termination and are not obligated to retain or export it, except where the law requires us to keep records. If an export feature is available at the time, you should export anything you need before you close the account. You should not rely on us to keep copies for you.

Sections that by their nature should survive termination will survive, including intellectual property, user-content responsibility, warranty disclaimers, limitation of liability, indemnity, export, and governing law.

11. Disclaimer of warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, ATECH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT THEY WILL MEET YOUR NEEDS, OR THAT CONTENT, DATA, OR OUTPUT WILL NOT BE LOST OR THAT ANY FEATURE OR API WILL BE AVAILABLE.

Some places do not allow certain disclaimers. In those places, the disclaimer applies to the fullest extent the law allows.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ATECH AND ITS OWNERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS IS LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) THE AMOUNT YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM.

Some places do not allow these limits. In those places, our liability is limited to the fullest extent the law allows.

13. Indemnity

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless ATech and its owners, employees, and agents from claims, damages, losses, and reasonable expenses (including reasonable attorneys’ fees) arising out of your User Content, your use of the Services, or your violation of these Terms or the law.

This section does not require you to indemnify us for claims that the law does not allow a consumer to indemnify.

14. Export and sanctions

The Services may be subject to United States export-control and sanctions laws. You may not use, export, or re-export the Services except as authorized by United States law and the laws of the place where you use them. You represent that you are not located in a country or region subject to comprehensive U.S. sanctions and that you are not a person with whom U.S. persons are prohibited from dealing.

15. Governing law and venue

These Terms are governed by the laws of the State of Alabama, USA, excluding its conflict-of-laws rules.

Except for the small-claims option below, the state or federal courts located in DeKalb County, Alabama will have exclusive jurisdiction over disputes arising out of or related to these Terms or the Services, and you and we consent to personal jurisdiction and venue there.

Either you or we may bring an individual claim in small-claims court in a jurisdiction that has authority to hear it, including a small-claims court in DeKalb County, Alabama, or in a small-claims court in your county of residence if that court has authority over the claim.

This section does not limit any consumer-protection rights that cannot be waived in your place of residence.

16. Changes

We may update these Terms by posting a new version on this page and changing the effective date. If a change is material, we will also try to notify account holders by email if we have an email address for the account. If you continue to use the Services after the changes take effect, you accept the new Terms. If you do not agree, you should stop using the Services and cancel any paid plan.

17. General

If a court finds any part of these Terms unenforceable, the rest will still apply, and the unenforceable part will be modified to the minimum extent needed to make it enforceable.

These Terms and our Privacy Policy are the entire agreement between you and us about the Services, and they replace any prior agreements or statements about the same subject, except that a separate signed Enterprise or other written agreement will control where it conflicts.

Our failure to enforce a provision is not a waiver of that provision. You may not assign these Terms without our consent. We may assign them in connection with a reorganization, merger, or sale of assets, or as required by law.

The official language of these Terms is English.

18. Contact