Terms of Use

1. What is AtomicPlayer?

1.1. Services. AtomicPlayer is a software-as-a-service (SaaS) platform offering video player and hosting (hosting/streaming) services, together with performance analytics, A/B testing, programmable calls to action (CTAs), lead capture, revenue attribution, and artificial intelligence applied to video, intended for content creators, marketing professionals, and businesses in general.

In short, AtomicPlayer is a video player, hosting, and intelligence platform that helps creators and operators sell more with video, connecting viewer attention directly to revenue.

So that you can use the services, you need to understand the rules. We therefore ask that you read these terms carefully. By using the application, you declare that you are aware of these Terms of Use and agree to all of their clauses and conditions. If you do not agree with any provision of these Terms of Use, please do not use our services.

1.2. Suspension. We reserve the right to suspend or cancel your access to the application at any time in the event of suspected fraud, unlawful obtaining of a benefit or advantage, or failure to comply with any conditions set out in these Terms of Use, the Privacy Policy, or applicable law. In such cases, no compensation will be owed to you, and AtomicPlayer may pursue the appropriate recovery action, if necessary, as well as take any other measures required to pursue and safeguard its interests.

2. How do I access AtomicPlayer?

2.1. Access. To access AtomicPlayer and use its features, you must register. To register, you will provide us with personal information, as described in our Privacy Policy. To learn more about the privacy of your personal information, see our Privacy Policy.

2.2. Minimum age. To use AtomicPlayer, you must be at least 18 (eighteen) years old. If you are younger, you may use AtomicPlayer only under the supervision of your parents or legal guardians, provided they have read and expressly agreed to these Terms of Use and are the holders of any payment method registered for access to the application’s content.

2.3. Ownership of account. Upon registration, you will hold an account that may be accessed only by you. If AtomicPlayer detects an account created using false information — for example, by users who do not meet the minimum age — that account may be automatically deleted.

2.4. Keeping information up to date. You undertake to keep your personal information current. You also agree to keep your login and password secure and out of reach of third parties, and not to allow your AtomicPlayer account to be used by others. Accordingly, you are responsible for all actions taken in your account.

3. The contractual relationship between AtomicPlayer and the user

3.1. Contractual relationship. The services and content offered by the platform are the property of AtomicPlayer. In establishing the contract that allows the user to enjoy the system’s features, AtomicPlayer grants a non-exclusive, limited, revocable license for personal use. It is at the user’s discretion to subscribe to any plan offered by AtomicPlayer, subject to the rules described in these Terms of Use.

3.2. Purchase of products and integrations. In addition to plan subscriptions, the platform allows the contracting of features and integration with third-party platforms (including, but not limited to, payment processors and gateways, checkout platforms, advertising tools, automation, and CMS). Use of these features is subject to the licensing rules set out on the platform and/or in these Terms of Use. Where such features involve integration with third-party platforms, the user is also subject to the Terms of Use, Privacy Policy, and Security Specifications of that third party.

4. Subscription and cancellation of plans

4.1. Subscription. AtomicPlayer offers free and paid service plans, as defined on the platform and under the conditions below.

4.2. Subscription model. AtomicPlayer operates under a fixed-period usage-licensing model, in which: the service is deemed made available the moment platform access is released; the charge is not conditioned on usage volume but rather on the availability of the technological infrastructure; and mere access to the dashboard already characterizes the start of service provision. The user acknowledges that the nature of the service is digital, continuous, and of immediate consumption, making return impossible after it has been made available.

4.3. Renewal. If the day on which payment is made does not recur every month (for example, the 31st), the charge will be made on the business day prior to when it would occur if that date existed in the month in question. The plan will renew automatically unless you state otherwise, requesting cancellation before the billing date.

4.4. Cancellation of subscription. The user may cancel the plan subscription at any time, which will be understood as an express statement that the user does not intend to renew the license for the next period not yet billed. Cancellation does not give rise to any obligation for AtomicPlayer to refund payment for the period in which the user chose not to renew the contractual relationship.

4.5. Exceptional use of resources. On certain plans, AtomicPlayer may offer hosting, plays, and video storage with no predefined limit. However, this characteristic is not to be confused with unrestricted use under extraordinary consumption patterns. To preserve platform stability, service quality, and fairness among users, AtomicPlayer may monitor the volume of storage, plays, and bandwidth used by each account relative to the active user base.

If a given account is found to be in the top 1% (one percent) of consumption compared with other users (99th percentile), AtomicPlayer may propose migration to a custom plan compatible with the usage pattern. The user acknowledges and agrees that:

• a) the assessment of exceptional use will be based on AtomicPlayer’s internal metrics and technical criteria, considering analysis periods defined by the platform;
• b) AtomicPlayer may present a custom plan proposal before applying any adjustment;
• c) unjustified refusal to adjust the plan to the usage pattern may result in suspension or limitation of the service, as provided in item 1.2 of these Terms.

4.6. Moving between plans. Each plan is best suited to solving certain user problems. We therefore offer the ability to move between plans (subject to changes in each plan’s resource availability) by editing, upgrading, or downgrading your subscription. If the user exceeds the plays, videos, storage, or bandwidth limits of their package, AtomicPlayer may automatically change the package to the ideal available plan and charge the difference between plans at the time of the switch. This change will be made automatically and the user will be informed via notifications. The inability to charge the amount related to the plan change may result in cancellation of the subscription for non-payment.

4.7. These rules also apply to plans prior to the current ones (including any bandwidth- or play-based plans), based on the ideal consumption of each plan, and to plans created after the update date of this document.

4.8. Downgrade. We may carry out a downgrade — that is, change the subscription and consequently charge the amount of the new, lower-priced plan — ensuring the account remains active and without prejudice to the deletion of videos and data, subject to the limits of the new plan.

4.9. In-app purchases. The application has features that may be purchased within the platform (“In-App Purchases”). Any purchases of these services will occur in a manner similar to that described above.

5. Right of withdrawal (applicable only to the first purchase)

5.1. In strict observance of article 49 of the Brazilian Consumer Protection Code, the user may exercise the right of withdrawal exclusively on the first purchase of a paid plan, within 07 (seven) calendar days, counted from confirmation of payment.

5.2. Conditions for a refund on the first purchase. A refund will only be considered if: there has been no substantial use of the platform; no third-party integrations have been carried out; and no relevant automations, flows, campaigns, funnel logic, player configurations, or video hosting have been created.

5.3. AtomicPlayer reserves the right to technically assess the use of the account before releasing any refund.

6. Renewals and recurring charges

6.1. AtomicPlayer plans generally operate by automatic recurring charge, with the user informed in advance at the time of purchase.

6.2. From the second monthly payment or second billing cycle onward, it is expressly agreed that: there will be no refund, return, or chargeback of amounts paid; the service is considered fully provided through the continued availability of the platform; and payment is not conditioned on effective use by the user.

6.3. The user acknowledges that renewal constitutes a new automatic purchase, with full awareness of the conditions established herein.

7. Cancellation

7.1. The user may request cancellation at any time, exclusively through the platform dashboard.

7.2. Effects of cancellation. Cancellation does not immediately interrupt access; it only prevents new future charges; and it keeps access active until the end of the period already paid for.

7.3. During this period, the user may export data, perform backups, and end campaigns.

8. No refund after the cycle begins

8.1. Once the billing cycle has begun: no proportional or full refund will be owed; there will be no chargeback for withdrawal, underuse, or mistaken expectation by the user; and the purchase remains valid until the end of the paid period.

8.2. This rule applies even where: the user does not use the service during the period; or the user alleges operational difficulties that are not proven systemic failures.

9. Exceptions to the no-refund rule

9.1. Exceptionally, a refund may be granted only in the following cases:

• a) serious, proven technical failure of AtomicPlayer’s servers that prevents use for a period exceeding 72 (seventy-two) uninterrupted hours;
• b) proven duplicate charge;
• c) a systemic error attributable exclusively to AtomicPlayer’s infrastructure.

9.2. In such cases: the request must be formalized within 07 (seven) calendar days of the occurrence; and AtomicPlayer may choose between internal credit or bank refund.

10. Responsibility for backups

10.1. Storage of videos and data. After account cancellation, AtomicPlayer guarantees the storage of videos and data for a period of up to 30 (thirty) days. After this period, it may delete, without authorization or prior notice, all videos and data generated about the videos of the cancelled account. If the customer reactivates the account in less than 30 days, they will have access to the items mentioned above.

11. How are payments made on AtomicPlayer?

11.1. Payment method. Payments made on AtomicPlayer must be made within the application, by credit card or other means that may be made available on the platform.

11.2. Final price. The price you pay is final and non-refundable, unless otherwise determined by AtomicPlayer. AtomicPlayer reserves the right to set, remove, and/or revise the price of all services or goods obtained through use of the application at any time. We will never change the amount of your subscription without first notifying you.

11.3. Taxes. If any tax applies, the user will be responsible for paying it. If the application collects any tax, it states that it will pass it on to the user in the price.

11.4. Confirmation. Payment confirmation through the application will occur within 1 (one) business day. The processing of payment information and payment confirmation will be carried out by third-party systems (for example, a financial institution, credit card administrator, or payment gateway), the application being merely an interface between the customer and those systems.

11.5. Minimum term. Certain AtomicPlayer products or promotions may require a minimum subscription term. It is important that the user is aware that, if they decide to stop using such products before the minimum term, additional fees may be charged.

11.6. Promotional code. If AtomicPlayer creates a promotional code (for example, a discount coupon), it must be used lawfully, for the intended purpose and the specific audience or user it is intended for, following all of its conditions. The promotional code may be cancelled if it is found to have been transferred, sold, or used in error, with fraud, illegality, or in violation of its conditions.

12. AtomicPlayer’s rights over the application

12.1. Our rights. All rights relating to AtomicPlayer and its features are the exclusive property of AtomicPlayer, including with respect to its texts, images, layouts, software, code, databases, graphics, articles, photographs, and other content produced directly or indirectly by AtomicPlayer (“AtomicPlayer Content”). The AtomicPlayer Content is protected by copyright and intellectual property law. It is prohibited to use, copy, reproduce, modify, translate, publish, transmit, distribute, perform, upload, display, license, sell, exploit, or reverse-engineer the AtomicPlayer Content, for any purpose, without AtomicPlayer’s prior and express consent. Any unauthorized use will be considered a violation of AtomicPlayer’s copyright and intellectual property rights.

13. Intellectual property in the software and materials provided

13.1. Intellectual property. AtomicPlayer guarantees that all rights, title, and interest (including, but not limited to, copyright, trademark, and other intellectual property rights) in the service provided will remain owned by AtomicPlayer.

13.2. No acquisition of rights. The user will not acquire any property right over AtomicPlayer’s services and content, except where expressly granted in these Terms of Use.

13.3. Downloading content. THE USER IS PROHIBITED FROM DOWNLOADING OUR CONTENT WITH THE INTENT OF STORING IT IN A DATABASE TO OFFER IT TO A THIRD PARTY OTHER THAN THE USER. IT IS ALSO PROHIBITED FOR THE CONTENT WE PROVIDE TO BE USED TO CREATE A DATABASE OR SERVICE THAT MAY COMPETE, IN ANY WAY, WITH OUR BUSINESS.

14. Copyright infringement complaints

14.1. Infringement of rights. Allegations of copyright infringement over any content available on AtomicPlayer must be sent to [email protected].

15. Responsibilities of the user and of AtomicPlayer

15.1. Responsibility for use. You are solely responsible for your use of AtomicPlayer and must respect the rules of these Terms of Use as well as applicable law.

15.2. Liability for damages. AtomicPlayer, its controller, its affiliates, partners, or employees will not, under any circumstances, be liable for direct or indirect damages resulting from, or related to, access to, use of, or inability to access or use AtomicPlayer.

15.3. Non-liability. GIVEN THE INHERENT CHARACTERISTICS OF THE INTERNET ENVIRONMENT, ATOMICPLAYER IS NOT LIABLE FOR INTERRUPTIONS OR SUSPENSIONS OF CONNECTION, INCOMPLETE OR FAILED COMPUTER TRANSMISSIONS, OR TECHNICAL FAILURE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE ELECTRONIC MALFUNCTION OF ANY NETWORK, HARDWARE, OR SOFTWARE. THE UNAVAILABILITY OF ACCESS TO THE INTERNET OR TO ATOMICPLAYER, AS WELL AS ANY INCORRECT OR INCOMPLETE INFORMATION AND ANY HUMAN, TECHNICAL, OR OTHER FAILURE IN PROCESSING INFORMATION, WILL NOT BE CONSIDERED ATOMICPLAYER’S RESPONSIBILITY.

15.4. Loss of profits. Where permitted by law, AtomicPlayer and its suppliers or distributors will not be liable for loss of profits, loss of revenue, loss of data, financial losses, or indirect, special, consequential, exemplary, or punitive damages.

15.5. Maintenance. It is your sole responsibility to keep your device environment (computer, mobile phone, tablet, among others) secure, using available tools such as antivirus and firewall, so as to help prevent electronic risks.

15.6. External links and integrations. AtomicPlayer may contain links to third-party sites and applications, as well as integrated technologies (for example, payment processors and advertising platforms). This does not imply that AtomicPlayer endorses, verifies, guarantees, or has any connection with the owners of those sites or applications, and it is not responsible for their content, accuracy, policies, practices, or opinions. We recommend that you read the terms of use and privacy policies of each third-party site or service you visit or use.

16. How AtomicPlayer handles content produced by you and other users

16.1. Content creation. AtomicPlayer may, at its sole discretion, allow you or any other user to submit, upload, publish, or make available, on the application, text, image, audio, or video content or information (“User Content”).

16.2. Prohibited content. Any User Content that is defamatory, slanderous, insulting, violent, pornographic, obscene, offensive, or unlawful is prohibited, as determined by AtomicPlayer at its sole discretion, including proprietary information belonging to other people or companies (for example, copyright and trademarks), without the express authorization of the holder of those rights, the violation of which will not be AtomicPlayer’s responsibility.

16.3. Ownership of content. Any User Content you provide remains your property. However, by providing it to AtomicPlayer, you grant us a worldwide, perpetual, royalty-free, transferable, and sublicensable license to use, copy, modify, create derivative works from, distribute, publish, and display that User Content in all possible formats and distribution channels, without the need for further notice to you and without any payment, provided it is related to the operation of the platform (including hosting, transmission, transcoding, and display of the videos).

16.4. Removal of content. AtomicPlayer may, but is not obliged to, review, monitor, and remove User Content, at its sole discretion, at any time and for any reason, without prior notice to you.

16.5. Moderation policy. AtomicPlayer adopts prevention, diligence, and moderation measures on its platform, committing to act proactively in the identification, moderation, and possible removal of content deemed illegal, offensive, or that violates third-party rights.

16.6. Interpretation of Law 12.965/2014. In accordance with the interpretation of article 19 of Law No. 12.965/2014 (Brazilian Civil Rights Framework for the Internet), as ruled by the Federal Supreme Court (STF), AtomicPlayer adopts a diligent policy to prevent and combat the distribution of manifestly illegal content.

16.7. Content removal. If it is found, through internal assessment, that certain content made available on the platform is illegal or violates third-party rights, AtomicPlayer may remove it immediately, regardless of prior notice to the user responsible for the publication.

16.8. User responsibility. The user acknowledges and agrees that, if AtomicPlayer is held civilly or administratively liable due to content they published, the company may exercise the right of recourse, charging the user for all costs, expenses, indemnities, attorney’s fees, and any other expenses arising from the infringement committed.

16.9. Reporting channels. AtomicPlayer maintains a Content Moderation Policy and provides specific reporting channels through which anyone may report content they believe violates legal, moral, or image rights, including, but not limited to: hate speech, incitement to violence, abuse, child exploitation, sexual violence, or other unlawful conduct. Reports may be made at [email protected].

16.10. AtomicPlayer undertakes to analyze all reports received diligently, quickly, and carefully, immediately removing content that is manifestly illegal or that presents a clear risk to the integrity or rights of any individual.

17. Use of data for benchmarks and aggregate statistics

17.1. Purpose. AtomicPlayer may use performance data collected on the platform — including, but not limited to, plays, second-by-second retention, engagement, CTA clicks, and conversion metrics — to compose aggregate and anonymized statistics (“Benchmarks”), with the purpose of offering the user performance comparisons against the market.

17.2. Anonymization. Benchmarks will be produced in such a way that no individual or identifiable data of any user can be isolated or inferred from the results presented. AtomicPlayer will adopt minimum technical anonymization criteria before displaying any aggregate metric.

17.3. Legal basis. The processing of data for this purpose is carried out on the basis of AtomicPlayer’s legitimate interest (art. 7, IX, of Law 13.709/2018 – LGPD), being compatible with the platform’s purposes and not representing a disproportionate risk to the data subject.

17.4. Opt-out. The user may, at any time, request the removal of their data from the base used to compose Benchmarks, by request to [email protected]. Removal will automatically suspend access to the Benchmarks feature for the requesting account, since access to this feature is conditioned on the user’s participation in the dataset that supports it. Removal will not affect statistics already calculated and previously displayed.

17.5. Excluded data. Sensitive data, personal identification data of video viewers, or any data that allows the individualization of a specific user in the presented results will not be used for Benchmark purposes.

18. What else do I need to know about these Terms of Use?

18.1. Changes. To improve your experience, AtomicPlayer is always being updated. For this reason, these Terms of Use may be changed at any time in order to reflect the adjustments made. Whenever any modification occurs, you will be informed in advance by the email address provided at registration or by a prominent notice in the application. If you do not agree with the new Terms of Use, you may reject them, but this means you will no longer be able to access and use AtomicPlayer. If you use AtomicPlayer in any way even after these Terms of Use have changed, this means you agree to all the modifications.

18.2. Conflict between provisions. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS AND THE MODIFIED TERMS, THE LATER TERMS WILL PREVAIL WITH RESPECT TO THAT CONFLICT.

18.3. Law and venue. These Terms of Use are governed by the laws of the Federative Republic of Brazil. Any questions and situations not provided for in these Terms of Use will first be resolved by AtomicPlayer and, if they persist, must be resolved by the Court of the District of Ribeirão Preto, State of São Paulo, to the exclusion of any other, however privileged it may be or become.

18.4. Questions. If you have any questions, comments, or suggestions, contact us at [email protected].

19. Express acknowledgment by the user

19.1. By purchasing or renewing a plan, the user declares that they:

• have read these Terms of Use in full;
• understand that, after the second charge, there will be no refund;
• agree that access characterizes the start of service provision;
• accept that the charge relates to the availability of the infrastructure.