Atlas Engine Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of Atlas Engine’s websites, applications, APIs, dashboards, and related services (collectively, the “Services”). By creating an account, clicking to accept these Terms, or using the Services, you agree to be bound by them.

If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you are authorized to bind that entity to these Terms. In that case, “you” and “your” refer to that entity.

1. Who We Are

Atlas Engine (“Atlas Engine,” “we,” “us,” or “our”) provides software tools that help users connect social media accounts, create and manage content, schedule and publish content, and review account and post analytics.

2. Eligibility and Account Registration

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Services. By using the Services, you represent and warrant that:

  • you are legally able to enter into these Terms;
  • all registration information you submit is accurate and complete;
  • you will keep your account information current;
  • you will maintain the security of your login credentials; and
  • you are responsible for all activities that occur under your account.

You may not share your account with unauthorized persons or use another user’s account without permission.

3. Description of the Services

Atlas Engine enables users to:

  • connect third-party social media and content distribution accounts;
  • authorize Atlas Engine to access certain account data and permissions you grant;
  • draft, organize, schedule, and publish content to supported third-party platforms;
  • retrieve and display account-level and content-level analytics and insights where supported; and
  • manage workflows related to social media publishing and reporting.

Features may vary by subscription tier, platform availability, permissions granted, and third-party API limitations.

4. Third-Party Platforms and Connected Accounts

The Services may integrate with third-party platforms, including Meta, Facebook, Instagram, TikTok, and others (each, a “Third-Party Platform”).

4.1 Your authorization

By connecting a Third-Party Platform account, you authorize Atlas Engine to access and use the data, content, permissions, and functionality you choose to grant through that platform’s authentication and authorization process.

4.2 Third-party terms apply

Your use of any connected Third-Party Platform remains subject to that platform’s own terms, policies, community guidelines, API terms, developer terms, partner terms, monetization rules, advertising rules, and privacy practices. You are solely responsible for complying with all applicable Third-Party Platform requirements.

Without limiting the foregoing, if you connect or use accounts through TikTok, Instagram, Facebook, Threads, LinkedIn, YouTube, or any other supported platform, you agree that you will comply with the then-current terms, policies, and rules of each such platform, including any rules relating to:

  • account eligibility and identity;
  • authorized access and account ownership;
  • content standards and community guidelines;
  • intellectual property and rights clearance;
  • disclosures, endorsements, sponsorships, and advertising compliance;
  • automation, scraping, rate limits, and API usage restrictions;
  • publishing permissions, moderation, and prohibited content;
  • analytics access, reporting, and data retention restrictions; and
  • developer, partner, and platform integration requirements.

You further acknowledge and agree that Atlas Engine is intended to operate only in a manner permitted by the relevant Third-Party Platform, and you may not use the Services in any way that would cause Atlas Engine or your connected accounts to violate the terms or policies of TikTok, Instagram, Facebook, Threads, LinkedIn, YouTube, or any other supported platform.

4.3 Platform limitations and changes

Atlas Engine does not control Third-Party Platforms. Third-Party Platforms may change their APIs, permissions, features, review requirements, access models, rate limits, content rules, or account restrictions at any time. As a result, parts of the Services may stop working, work differently, or become unavailable without notice.

4.4 Account ownership and authority

You represent and warrant that, for every connected account, page, profile, business asset, or channel:

  • you own it or have full authority to connect and manage it;
  • you have authority to publish content and retrieve analytics for it; and
  • your use of the Services for that account does not violate any law, contract, employment duty, agency relationship, or platform rule.

You are solely responsible for ensuring that your use of Atlas Engine with TikTok, Instagram, Facebook, Threads, LinkedIn, YouTube, or any other supported platform is authorized under the applicable account, page, channel, business, workspace, or organization permissions for that platform.

4.5 Revocation and disconnects

You may revoke Atlas Engine’s access through the relevant Third-Party Platform or through the Services. Revoking access may disable some or all functionality related to that account.

5. User Content

5.1 Your content

You retain ownership of text, images, videos, captions, metadata, analytics exports, and other materials you upload to, submit through, create in, or publish via the Services (“User Content”).

5.2 License to Atlas Engine

You grant Atlas Engine a worldwide, non-exclusive, royalty-free, sublicensable, limited license to host, store, process, reproduce, modify as technically necessary, transmit, display, and otherwise use User Content solely as needed to:

  • operate, maintain, and improve the Services;
  • publish or schedule content at your direction;
  • display previews, dashboards, reports, and analytics;
  • provide support and troubleshoot issues; and
  • enforce these Terms and applicable law.

5.3 Responsibility for content

You are solely responsible for User Content and for the consequences of publishing, distributing, or removing it. You represent and warrant that:

  • you own or have all necessary rights, licenses, consents, and permissions to use and publish the User Content;
  • the User Content does not infringe, misappropriate, or violate any third-party rights, including intellectual property, privacy, publicity, confidentiality, or contractual rights;
  • the User Content complies with all applicable laws, regulations, advertising disclosure obligations, and platform rules; and
  • the User Content is not misleading, deceptive, defamatory, unlawful, abusive, harassing, hateful, fraudulent, or otherwise prohibited.

6. Prohibited Conduct

You may not, and may not permit others to:

  • use the Services for any unlawful, harmful, fraudulent, deceptive, or unauthorized purpose;
  • publish or attempt to publish content that violates law or platform rules;
  • use the Services to spam, manipulate engagement, impersonate others, or artificially inflate metrics;
  • upload malware, viruses, or malicious code;
  • interfere with or disrupt the Services or related infrastructure;
  • scrape, reverse engineer, decompile, disassemble, or attempt to extract source code, except where prohibited by law;
  • bypass authentication, access controls, rate limits, or security measures;
  • access accounts, data, or systems without authorization;
  • use the Services in a way that violates any Third-Party Platform’s developer or API terms; or
  • use the Services to develop a competing product or service using non-public aspects of the Services.

Without limiting the foregoing, you may not use the Services in any manner that violates the terms, policies, or rules of TikTok, Instagram, Facebook, Threads, LinkedIn, YouTube, or any other supported platform, including by posting prohibited content, exceeding permitted automation limits, misusing platform data, circumventing moderation or access controls, or exercising permissions you do not validly hold.

7. Publishing, Scheduling, and Deliverystems without authorization;

  • use the Services in a way that violates any Third-Party Platform’s developer or API terms; or
  • use the Services to develop a competing product or service using non-public aspects of the Services.

7. Publishing, Scheduling, and Delivery

Atlas Engine may provide tools for drafting, scheduling, queuing, and publishing content to Third-Party Platforms.

You acknowledge and agree that:

  • scheduling and publishing may depend on Third-Party Platform availability, permissions, token validity, API responsiveness, and account status;
  • publication times may vary and are not guaranteed to be exact;
  • published content may fail, be delayed, be modified by the platform, or be rejected by the platform;
  • Atlas Engine is not responsible for platform moderation decisions, suspensions, takedowns, shadowbans, account restrictions, or content removals; and
  • you remain solely responsible for reviewing and approving content before publication.

8. Analytics and Reporting

Atlas Engine may display metrics, analytics, insights, and reports sourced from Third-Party Platforms or derived from them.

You acknowledge that:

  • analytics may be delayed, incomplete, estimated, sampled, unavailable, or revised by the relevant platform;
  • metrics may differ from what you see inside the Third-Party Platform; and
  • Atlas Engine does not guarantee the accuracy, completeness, or availability of any analytics provided by Third-Party Platforms.

Atlas Engine may store snapshots of analytics for historical reporting, subject to your subscription level, retention policies, and applicable law.

9. Subscription Plans, Fees, and Payment

Some parts of the Services may require payment.

9.1 Fees

You agree to pay all fees, charges, taxes, and applicable governmental assessments associated with your subscription or use of paid features.

9.2 Billing

If you subscribe to a paid plan, you authorize Atlas Engine or its payment processor to charge your selected payment method on a recurring basis until you cancel.

9.3 Renewals

Unless otherwise stated, paid subscriptions automatically renew for the same billing period unless canceled before the renewal date.

9.4 Changes to pricing

We may change pricing, subscription tiers, or features upon reasonable notice. Price changes will take effect no earlier than your next renewal date unless otherwise required by law.

9.5 Late payments and suspension

If payment fails or your account becomes delinquent, we may suspend or terminate access to paid features.

9.6 Refunds

Except as required by law or expressly stated otherwise in writing, fees are non-refundable.

10. Trial Features, Beta Features, and Experimental Tools

We may offer trial, beta, preview, or experimental features. These features are provided “as is,” may be changed or discontinued at any time, and may be subject to additional terms.

11. Privacy and Data Handling

Our handling of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference.

By using the Services, you acknowledge that:

  • Atlas Engine may process personal data, account data, content, and analytics as necessary to provide the Services;
  • Third-Party Platforms may also process data subject to their own privacy policies; and
  • you are responsible for ensuring you have any required notices, disclosures, consents, and legal basis necessary for your use of the Services and any personal data you upload or process through them.

If you are subject to privacy laws requiring data processing terms, cross-border transfer terms, or user disclosures, you are responsible for implementing them unless we expressly agree otherwise in writing.

12. Intellectual Property

The Services, including all software, interfaces, designs, workflows, text, graphics, trademarks, service marks, logos, and other materials provided by Atlas Engine, are owned by or licensed to Atlas Engine and are protected by intellectual property and other laws.

Except for the limited rights expressly granted under these Terms, no rights are granted to you.

13. Feedback

If you provide feedback, ideas, suggestions, or proposals regarding the Services, you grant Atlas Engine a worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, sublicensable right to use, modify, and exploit that feedback without restriction or compensation.

14. Suspension and Termination

We may suspend or terminate your access to some or all of the Services, with or without notice, if:

  • you violate these Terms;
  • you violate Third-Party Platform rules in connection with the Services;
  • your use creates security, legal, reputational, or operational risk;
  • required third-party access is revoked or unavailable; or
  • we are required to do so by law.

You may stop using the Services at any time. Upon termination, provisions that by their nature should survive termination will survive, including ownership, disclaimers, limitations of liability, indemnity, payment obligations, and dispute provisions.

For the avoidance of doubt, a violation of the terms, policies, developer requirements, or platform rules of TikTok, Instagram, Facebook, Threads, LinkedIn, YouTube, or any other supported platform in connection with your use of Atlas Engine is a material violation of these Terms and may result in suspension or termination of your access to the Services.

15. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ATLAS ENGINE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.

WITHOUT LIMITING THE FOREGOING, ATLAS ENGINE DOES NOT WARRANT THAT:

  • THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
  • CONTENT WILL PUBLISH SUCCESSFULLY OR AT A SPECIFIC TIME;
  • THIRD-PARTY PLATFORM INTEGRATIONS WILL REMAIN AVAILABLE;
  • TOKENS, AUTHORIZATIONS, OR API ACCESS WILL CONTINUE TO WORK;
  • ANALYTICS OR REPORTING WILL BE ACCURATE OR COMPLETE; OR
  • THE SERVICES WILL MEET YOUR PARTICULAR REQUIREMENTS.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATLAS ENGINE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, CONTENT, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ATLAS ENGINE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

  1. THE AMOUNT YOU PAID TO ATLAS ENGINE FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
  2. NZD $100.

Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.

17. Indemnity

You agree to defend, indemnify, and hold harmless Atlas Engine and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to:

  • your use of the Services;
  • your User Content;
  • your connected accounts or your authority to use them;
  • your violation of these Terms;
  • your violation of any law or regulation; or
  • your violation of any Third-Party Platform terms or third-party rights.

18. Export, Sanctions, and Compliance

You may not use the Services in violation of export controls, sanctions laws, or other applicable trade restrictions. You represent and warrant that you are not located in, organized in, or ordinarily resident in any jurisdiction subject to comprehensive sanctions that would prohibit your use of the Services.

19. Changes to the Services or Terms

We may modify the Services or these Terms from time to time. If we make material changes to these Terms, we will provide notice by reasonable means, such as posting updated Terms in the Services or notifying you through your account or email.

Your continued use of the Services after the effective date of updated Terms constitutes acceptance of the updated Terms.

20. Governing Law and Disputes

These Terms are governed by the laws of New Zealand, excluding its conflict of laws principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the courts of New Zealand, unless applicable law requires otherwise.

21. Miscellaneous

  • These Terms constitute the entire agreement between you and Atlas Engine regarding the Services, except for any separate written agreement between you and Atlas Engine.
  • If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.
  • Our failure to enforce any provision is not a waiver of that provision.
  • You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
  • Headings are for convenience only and do not affect interpretation.

22. Contact Information

If you have questions about these Terms, contact us at:

Atlas Engine
Christchurch, New Zealand
hello@atlasfilms.nz
https://atlasfilms.nz/contact 

23. Acceptance

By creating an account, connecting a social media account, clicking “I agree,” or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.