1. OUR SERVICES

Who Can Use Our Services

Our Services are intended for use where permitted by local laws. If you access our Services from outside our primary operating region, you're responsible for making sure you're allowed to do so under your local laws and regulations.

Data Protection & GDPR Compliance

We take your privacy seriously and are committed to complying with applicable data protection laws, including GDPR. Here's what that means for you:

What we collect and why

We only collect and use your personal data when we have a legitimate reason to do so — such as with your consent, to fulfill a service, or as required by law. We'll always be upfront about what we collect and why.

Your rights

You're in control of your data. You have the right to:
  • Access the personal data we hold about you
  • Correct any inaccurate information
  • Request deletion of your data
  • Withdraw your consent for data processing at any time

To exercise any of these rights, reach out to us at autumn@atlasandonyx.com.

How we protect your data

We use appropriate technical and organizational safeguards to protect your data from unauthorized access, disclosure, or misuse. That said, no method of internet transmission is 100% secure, so we can't guarantee absolute security, but we take every reasonable precaution.
2. INTELLECTUAL PROPERTY RIGHTS

What We Own

Everything on our Services — including source code, databases, software, website designs, audio, video, text, photos, graphics, trademarks, and logos (together, the "Content" and "Marks") — belongs to us or is licensed to us. These are protected by U.S. and international copyright and trademark laws.

What You're Allowed to Do

As long as you follow these Terms, we grant you a limited, personal license to:
  • Access our Services
  • Download or print Content you've legitimately accessed

This is for personal or internal business use only — not commercial use.

What You're Not Allowed to Do

You may not copy, reproduce, republish, upload, sell, distribute, or commercially exploit any part of our Content or Marks without our express written permission. If you'd like to request special use, contact us at autumn@atlasandonyx.com.

If we do grant you permission to share or display our Content, you must credit us as the owner and keep any copyright notices visible.

> Violating these intellectual property rights is a material breach of these Terms and will result in immediate termination of your access to our Services.

Your Submissions

When you send us questions, feedback, suggestions, or any other information ("Submissions"), here's what you need to know:

We own what you send us

By submitting anything to us, you assign us full ownership of that Submission. We may use it for any lawful purpose without compensation or credit to you.

You're responsible for what you share

By sending a Submission, you confirm that you:
  • Won't submit anything illegal, hateful, harassing, defamatory, obscene, threatening, sexually explicit, or intentionally false or misleading
  • Waive any personal ownership claims ("moral rights") over the Submission, where permitted by law
  • Either created the Submission yourself or have the rights to share it with us
  • Are not sharing anything confidential

You are solely responsible for your Submissions, and you agree to cover any losses we incur as a result of your violation of these terms or any third-party intellectual property rights.
3. USER REPRESENTATIONS

By using our Services, you're confirming the following:

  • Your information is accurate. Any details you provide when registering are true, current, and complete — and you'll keep them up to date.
  • You're legally allowed to agree to these Terms. You have the legal capacity to enter into this agreement.
  • You're not a minor. You meet the minimum age requirement in your country or region.
  • You're a real person. You won't access our Services using bots, scripts, or any other automated means.
  • You'll use our Services lawfully. You won't use our Services for anything illegal or unauthorized, and your use won't violate any applicable laws or regulations.

If you provide false, inaccurate, or incomplete information, we reserve the right to suspend or terminate your account and block your access to our Services — now or in the future.
4. USER REGISTRATION & SUBSCRIPTIONS

Working With Us

Our one-on-one services — including Website Design, Done For You Instagram Content, and Pinterest Management — begin with a contact form inquiry. From there, we will reach out to schedule a discovery call to determine whether we are a good fit to work together. No payment is requested or required until both parties have agreed to move forward with a project, at which point you will receive a contract and invoice.

Mail Club Subscription

Our Mail Club is a monthly recurring subscription billed automatically through Stripe each month until canceled. By subscribing, you acknowledge and agree to the following:

  • Your subscription will automatically renew each month and your payment method will be charged at the then-current subscription rate
  • You will receive a renewal reminder in accordance with Connecticut's Automatic Renewal Law
  • You may cancel at any time by emailing autumn@atlasandonyx.com, by replying directly to any billing email, or by calling us during normal business hours
  • Cancellation must be requested before your next billing date to avoid being charged for the following month
  • We will notify you of any material changes to your subscription terms before they take effect.
5. PURCHASES AND PAYMENT

Accepted Payment Methods

We process all payments securely through Stripe and accept the following:
  • Visa
  • Mastercard
  • American Express
  • Discover

All payments are made in US dollars.

One-on-One Services — Payment Plans

Payment is not collected until both parties have agreed to move forward following a discovery call and a contract has been issued. At that time, you will have the following payment options:

  • Pay in Full: Full payment is due at the time of booking to secure your project
  • Split Payment: 50% is due at the time of booking, and the remaining 50% is due on the day your project begins

Mail Club Subscription

Mail Club payments are billed on a recurring monthly basis through Stripe and will automatically charge your payment method on file each month until canceled.

Your Payment Information

You agree to provide accurate and complete payment information and to keep it up to date — including your email address, payment method, and card expiration date.

Pricing & Taxes

Prices may change at any time. Applicable sales tax will be added where required. If a pricing error occurs, we reserve the right to correct it — even if payment has already been processed.
6. REFUNDS POLICY

All sales are final. We do not offer refunds under any circumstances, including but not limited to dissatisfaction with services, change of mind, or early termination of a project. By submitting payment, you acknowledge and agree to this policy.
7. PROHIBITED ACTIVITIES

Our Services are for personal and approved use only — not for commercial purposes unless we've specifically authorized it. By using our Services, you agree not to do any of the following:

Illegal & Harmful Behavior
  • Use our Services for any illegal or unauthorized purpose
  • Use information obtained from our Services to harass, abuse, or harm anyone
  • Harass, intimidate, or threaten our employees or agents
  • Impersonate another user, person, or use someone else's username

Security & Technical Interference
  • Attempt to bypass, disable, or interfere with any security features
  • Upload or transmit viruses, trojans, spyware, or any other malicious code
  • Interfere with or disrupt the Services or any connected networks
  • Copy, decompile, reverse engineer, or attempt to extract our source code (including HTML, JavaScript, PHP, or similar)
  • Embed or link to our Services without authorization

Data Collection & Automation
  • Use bots, scripts, scrapers, spiders, or any automated tools to access or collect data from our Services
  • Systematically collect or compile our content into a database or directory without written permission
  • Collect usernames or email addresses for the purpose of sending unsolicited messages
  • Use any hidden tracking mechanisms such as web bugs, spyware, or pixel trackers

Misuse of Our Platform
  • Submit false reports of abuse or misuse our support services
  • Post spam, repetitive content, or excessive use of capital letters
  • Remove any copyright or ownership notices from our Content
  • Use a buying agent or purchasing agent to make purchases on our Services

Commercial Misuse
  • Use our Services to compete with us or generate revenue without our approval
  • Advertise or sell goods and services through our platform
  • Use our Services in a way that violates any applicable laws or regulations
8. USER GENERATED CONTRIBUTIONS

We may give you the opportunity to create or share content on our Services — such as text, photos, videos, audio, graphics, comments, or suggestions (collectively, "Contributions"). Contributions may be visible to other users and on third-party websites.

By submitting a Contribution, you confirm that:

Ownership & Rights
  • You own the content or have all necessary rights, licenses, and permissions to share it
  • Your Contribution doesn't infringe on anyone else's copyright, trademark, patent, trade secret, or other intellectual property rights
  • If your Contribution features any identifiable person, you have their written consent to include them

Accuracy & Integrity
  • Your Contribution is truthful and not misleading
  • It is not spam, unsolicited advertising, promotional material, chain letters, or any other form of mass solicitation

Safety & Respect
  • Your Contribution is not obscene, violent, harassing, defamatory, or otherwise objectionable
  • It does not mock, intimidate, abuse, or threaten any individual or group
  • It does not promote violence against any person or group of people
  • It does not include offensive content related to race, national origin, gender, sexual orientation, or physical ability
  • It does not violate anyone's privacy rights
  • It does not contain or link to any content that exploits or endangers minors

Legal Compliance
  • Your Contribution complies with all applicable laws and regulations
  • It does not violate any provision of these Terms

Violating any of the above may result in suspension or permanent termination of your access to our Services.
9. CONTRIBUTION LICENSE

Your Data & Feedback

By using our Services, you agree that we may access, store, and use any information or personal data you provide in accordance with your settings and preferences. If you submit feedback or suggestions about our Services, we may use and share that feedback for any purpose without compensation to you.

You Keep What's Yours

We don't claim ownership over your Contributions. You retain full ownership of your content and any associated intellectual property rights.

Your Responsibility

You are solely responsible for everything you post or share through our Services. We are not liable for any statements or representations made in your Contributions, and by using our Services you agree not to hold us legally responsible for anything related to your Contributions.
10. GUIDELINES FOR REVIEWS

We may provide spaces on our Services where you can leave reviews or ratings. To keep our community honest and respectful, all reviews must meet the following standards:

What We Ask of You
  • Only review businesses or people you have direct, firsthand experience with
  • Keep your language respectful — no hate speech or abusive language
  • Do not include discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability
  • Do not post false or misleading statements
  • Do not draw legal conclusions about anyone's conduct
  • Do not post negative reviews if you are affiliated with a competitor
  • Do not organize campaigns encouraging others to post reviews — positive or negative

Our Rights Regarding Reviews

We reserve the right to accept, reject, or remove any review at our discretion. We are not obligated to screen or delete reviews, even if others find them objectionable. Reviews reflect the opinions of the individual reviewer only — they do not represent our views or those of any of our affiliates or partners, and we are not liable for any claims or losses resulting from a review.

By posting a review, you grant us a permanent, worldwide license to reproduce, display, modify, and distribute your review content across our Services.
11. THIRD-PARTY WEBSITES AND CONTENT

Our Services may contain links to third-party websites or display third-party content such as articles, photos, videos, graphics, software, and more ("Third-Party Content").

We Are Not Responsible for Third-Party Content

We do not investigate, monitor, or verify the accuracy or appropriateness of any third-party websites or content. Linking to or including third-party content on our Services does not mean we endorse or approve of it.

Leaving Our Site

If you follow a link to another website, please be aware that these Terms no longer apply once you leave our Services. We encourage you to read the terms and privacy policies of any website you visit.

Third-Party Purchases

Any purchases you make on third-party websites are solely between you and that third party. We have no involvement in or responsibility for those transactions, and we do not endorse any products or services offered by third parties.

Your Assumption of Risk

By accessing third-party websites or content through our Services, you do so at your own risk. We are not liable for any harm, loss, or damages resulting from your use of or interaction with any third-party websites or content.
12. SERVICES MANAGEMENT

We reserve the right to manage our Services in order to protect our platform and ensure it functions properly. This includes the right to:
  • Monitor the Services for violations of these Terms
  • Take action against anyone who violates these Terms or applicable laws, including reporting them to law enforcement if necessary
  • Remove or restrict any of your Contributions or content at our discretion
  • Remove files that are excessively large or place an undue burden on our systems
  • Manage the Services in whatever way we deem necessary to protect our rights and keep things running smoothly

We are not obligated to take any of the above actions, but we reserve the right to do so at any time without notice or liability.
13. PRIVACY POLICY

We take your data privacy and security seriously. By using our Services, you agree to our Privacy Policy, which is part of these Terms and can be found on our website.

A Note for International Users
Our Services are hosted in the United States. If you're accessing our Services from another country, please be aware that your data will be transferred to and processed in the United States. By continuing to use our Services, you consent to this transfer.
14. TERM AND TERMINATION

These Terms remain in effect for as long as you use our Services.

Our Right to Restrict Access

We reserve the right to deny or restrict access to our Services at any time, for any reason, without notice or liability. This includes blocking certain IP addresses. Reasons may include — but are not limited to — violations of these Terms or any applicable law.

We also reserve the right to take further legal action where appropriate, including civil, criminal, or injunctive remedies.
15. MODIFICATIONS AND INTERRUPTIONS

Changes to Our Services

We reserve the right to change, update, or remove any part of our Services at any time and without notice. We are not obligated to update any information on our Services, and we are not liable to you or any third party for any modifications, price changes, or discontinuation of the Services.

Third-Party Platform Availability

Some of our Services rely on third-party platforms such as Showit, Instagram, Pinterest, and Adobe. While we do our best to deliver our services without interruption, we cannot be held responsible for any delays, disruptions, or limitations caused by the unavailability or malfunction of these platforms. We are not liable for any loss, inconvenience, or damage resulting from issues outside of our control.
16. GOVERNING LAW

These Terms are governed by the laws of the State of Connecticut, regardless of where you are located or accessing our Services from.
17. DISPUTE RESOLUTION

Informal Negotiations

Prior to initiating arbitration, both parties agree to attempt to resolve any dispute informally for a minimum of thirty (30) days. Informal negotiations begin upon written notice from one party to the other.

Binding Arbitration

If a dispute cannot be resolved through informal negotiations, it shall be finally and exclusively resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where applicable, its Supplementary Procedures for Consumer Related Disputes. By agreeing to these Terms, you waive your right to a jury trial or participation in a class action lawsuit. Arbitration fees shall be governed by the AAA Consumer Rules. If costs are deemed excessive by the arbitrator, we will cover all arbitration fees and expenses. The arbitrator's written decision must follow applicable law. All arbitration proceedings shall take place in Tolland County, Connecticut. Any dispute must be brought within one (1) year of the cause of action arising.

Restrictions

All arbitration shall be conducted on an individual basis. No arbitration may be joined with any other proceeding, conducted on a class-action basis, or brought in a representative capacity on behalf of the general public.

Exceptions

The following disputes are not subject to informal negotiation or arbitration and shall be decided by a court of competent jurisdiction in Tolland County, Connecticut:

  • Disputes involving the enforcement or validity of intellectual property rights
  • Claims arising from theft, piracy, privacy violations, or unauthorized use
  • Claims seeking injunctive relief
18. CORRECTIONS

We strive to keep all information on our Services accurate and up to date. However, there may occasionally be typographical errors, inaccuracies, or omissions in descriptions, pricing, availability, or other information. We reserve the right to correct any such errors and update information at any time without prior notice.
19. DISCLAIMER

Our Services are provided on an "as-is" and "as-available" basis. Your use of our Services is at your sole risk.

No Warranties

To the fullest extent permitted by law, we disclaim all warranties — express or implied — including warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no guarantees regarding the accuracy or completeness of any content on our Services or any third-party websites linked through our Services.

Limitations of Responsibility

We are not liable for:
  • Errors, mistakes, or inaccuracies in our content or materials
  • Personal injury or property damage resulting from your use of our Services
  • Unauthorized access to our servers or any personal or financial information stored therein
  • Any interruption or disruption of our Services
  • Viruses, trojans, or other malicious code transmitted through our Services by a third party
  • Any loss or damage resulting from content posted, transmitted, or made available through our Services

Third-Party Products & Services

We do not endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through our Services. Any transactions between you and a third-party provider are solely your responsibility. As with any purchase or engagement, we encourage you to use good judgment and exercise appropriate caution.
20. LIMITATIONS OF LIABILITY

To the fullest extent permitted by law, we and our directors, employees, and agents shall not be liable to you or any third party for any direct, indirect, consequential, incidental, special, or punitive damages — including lost profits, lost revenue, or loss of data — arising from your use of our Services, even if we have been advised of the possibility of such damages.

In any case, our total liability to you for any claim shall not exceed the lesser of the amount you paid to us or $1,000.00 USD.

Note: Some U.S. states and international laws do not permit certain limitations on liability or implied warranties. If these laws apply to you, some or all of the above limitations may not apply, and you may have additional legal rights.
21. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless — including our affiliates, officers, agents, partners, and employees — from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, arising out of:

  • Your use of our Services
  • Your breach of these Terms
  • Any breach of the representations and warranties you made in these Terms
  • Your violation of any third party's rights, including intellectual property rights
  • Any harmful act toward another user of our Services

We reserve the right to assume control of the defense of any such claim at your expense, and you agree to cooperate with our defense. We will make reasonable efforts to notify you of any such claim as soon as we become aware of it.

22. USER DATA

We retain certain data that you transmit to our Services for operational purposes. While we perform routine data backups, you are solely responsible for any data you transmit or any activity you undertake through our Services.

We are not liable for any loss or corruption of your data, and by using our Services you waive any claims against us arising from such loss or corruption.

23. CONNECTICUT USERS AND RESIDENTS

If you have a complaint that has not been satisfactorily resolved, you may contact the Connecticut Department of Consumer Protection's Complaint Center in writing at:

     Department of Consumer Protection
     450 Columbus Boulevard, Suite 901
     Hartford, Connecticut 06103

You may also reach them by phone at (860) 713-6300 or toll-free at (800) 842-2649, or by email at DCP.complaints@ct.gov.

24. MISCELLANEOUS

These Terms, along with any policies or rules posted on our Services, constitute the entire agreement between you and us.

  • No Waiver: If we fail to enforce any right or provision of these Terms, that does not mean we are waiving that right.
  • Severability: If any provision of these Terms is found to be unlawful or unenforceable, it will be removed without affecting the validity of the remaining provisions.
  • Assignment: We may assign our rights and obligations to others at any time.
  • Force Majeure: We are not liable for any loss, delay, or failure to act caused by circumstances beyond our reasonable control.
  • No Partnership: Nothing in these Terms creates a joint venture, partnership, employment, or agency relationship between you and us.
  • Electronic Agreement: You agree that the electronic format of these Terms is valid and enforceable, and the absence of physical signatures does not affect its validity.
  • No Construction Against Drafter: These Terms shall not be construed against us solely because we drafted them.

25. CONTACT US

If you have any questions, concerns, or complaints regarding our Services, please don't hesitate to reach out to us:

     Atlas and Onyx LLC
     Bolton, CT 06043
     United States
     autumn@atlasandonyx.com