Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Outside The Box Development Inc., doing business as AtellierAI ("Atellier," "we," "us," or "our"), governing your access to and use of the Atellier platform, accessible at atellier.ai and app.atellier.ai, including all associated services, features, content, and applications (collectively, the "Platform").

By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Platform.

If you are using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.

2. Eligibility

You must be at least 16 years old and capable of forming a binding contract under applicable law to use the Platform. By using the Platform, you represent and warrant that you meet these requirements. If you are under 18, you must have the consent of a parent or legal guardian.

3. Account Registration and Security

To access the Platform, you must create an account through our authentication provider, Clerk. You agree to:

• Provide accurate, current, and complete information during registration and keep it updated.
• Maintain the security of your account credentials and not share them with any third party.
• Immediately notify us at support@atellier.ai if you suspect unauthorized access to your account.
• Accept responsibility for all activities that occur under your account, whether or not authorized by you.

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being used in violation of these Terms.

4. Workspaces and Teams

The Platform operates on a workspace-based model. A workspace is a shared environment where team members collaborate on brand profiles, campaign briefs, and generated outputs.

• Workspace owners are responsible for managing team membership, roles, permissions, and billing for their workspace.
• Workspace members can view and interact with workspace content according to their assigned role (owner, admin, member).
• Content created within a workspace belongs to the workspace and is accessible to all members with appropriate permissions.
• When a member is removed from a workspace, their access to workspace content is immediately revoked. Content they created within the workspace remains in the workspace.

5. Platform Services

Atellier provides an AI-powered marketing platform that includes, but is not limited to, the following services:

5.1 AI Campaign Generation

Our multi-agent AI pipeline generates marketing content including hooks, copy, creative concepts, quality scores, and localizations based on your campaign briefs and brand profiles. You understand that:

• AI-generated outputs are suggestions and should be reviewed by you before use in any marketing campaign.
• Generated content may not always be accurate, appropriate, or free from errors. You are responsible for reviewing and approving all outputs before publishing.
• Quality scores are algorithmic assessments based on predefined dimensions and are not guarantees of campaign performance.

5.2 Image and Video Generation

The Platform generates images (via Google Imagen 3) and videos (via Google Veo 3) based on your creative concepts. You understand that:

• Generated media is produced by third-party AI models and may not always match your exact specifications.
• You are responsible for ensuring generated media does not infringe on third-party intellectual property rights before use.
• Generation times vary based on complexity and service provider availability. Video generation is asynchronous and may take several minutes.

5.3 Third-Party Publishing

When you connect third-party accounts (Meta, LinkedIn, Twitter/X, TikTok) and publish content through the Platform:

• You authorize us to post content on your behalf to the connected platforms.
• You are solely responsible for ensuring that published content complies with each platform's terms of service, advertising policies, and community guidelines.
• We are not liable for any consequences resulting from content published to third-party platforms, including account suspensions, ad disapprovals, or policy violations.

5.4 Blog, SEO, and Content Tools

The Platform provides AI-powered blog writing, keyword research, rank tracking, and SEO analysis tools. Content generated by these tools is provided as a starting point and should be reviewed, edited, and fact-checked before publication.

5.5 Analytics and Reporting

The Platform aggregates performance data from connected advertising and analytics platforms (Meta Ads, Google Ads, TikTok Ads, GA4, Google Search Console). This data is provided as-is from the respective platforms. We do not guarantee the accuracy or completeness of third-party data and are not responsible for discrepancies between our reporting and the source platform's reporting.

6. Content Ownership and Intellectual Property

6.1 Your Content

You retain all rights to the content you input into the Platform, including brand profiles, campaign briefs, uploaded media, and Prompt Book entries ("Your Content"). By using the Platform, you grant us a limited, non-exclusive, worldwide license to use, process, store, and transmit Your Content solely for the purpose of providing and improving the Platform services.

6.2 Generated Outputs

Subject to your compliance with these Terms and your active subscription, you own the outputs generated by the Platform based on Your Content ("Generated Outputs"), including hooks, copy, creative concepts, images, videos, localizations, blog posts, and social media content. You are free to use Generated Outputs for any lawful commercial purpose.

Important limitations:

• Generated Outputs are produced by AI models and may be similar to outputs generated for other users. We do not guarantee exclusivity of any Generated Output.
• AI-generated images and videos are subject to the terms of the underlying AI providers (Google). Some jurisdictions may have specific rules regarding copyright of AI-generated works.
• You are responsible for ensuring Generated Outputs do not infringe on third-party intellectual property rights, trademarks, or rights of publicity.

6.3 Atellier's Intellectual Property

The Platform, including its design, code, AI agent prompts, scoring rubrics, user interface, documentation, and all underlying technology, is the exclusive property of Atellier and is protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Platform beyond the limited right to use it in accordance with these Terms.

6.4 Feedback

If you provide feedback, suggestions, or ideas about the Platform ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that Feedback into the Platform without obligation to you.

7. Subscription Plans and Billing

7.1 Plans

Atellier offers multiple subscription tiers (Free, Pro, Team, Agency) with varying features, usage limits, and team member allowances. Current plan details and pricing are available on our Pricing page. We reserve the right to modify plan features and pricing with 30 days' advance notice.

7.2 Free Tier

The Free tier provides limited access to the Platform at no cost. Free tier usage is subject to the limits specified on the Pricing page. We reserve the right to modify or discontinue the Free tier at any time with reasonable notice.

7.3 Paid Subscriptions

• Paid subscriptions are billed in advance on a monthly or annual basis through Stripe, our payment processor.
• Your subscription automatically renews at the end of each billing period unless you cancel before the renewal date.
• All fees are in Canadian Dollars (CAD) unless otherwise stated and are exclusive of applicable taxes.
• You authorize us to charge your payment method on file for all applicable fees.

7.4 Cancellation and Refunds

• You may cancel your subscription at any time through the Platform's Settings > Billing page or via the Stripe Customer Portal.
• Upon cancellation, your subscription remains active through the end of the current billing period. You will not be charged for subsequent periods.
• We do not provide refunds for partial billing periods, except where required by applicable law.
• If you downgrade to a lower tier, the change takes effect at the start of your next billing period.

7.5 Usage Limits

Each plan has usage limits for campaign generation, image generation, video generation, blog posts, and other features. If you exceed your plan's limits, certain features may be temporarily restricted until the next billing period or until you upgrade your plan. We will notify you when you are approaching your limits.

7.6 Price Changes

We may change our pricing at any time. For existing subscribers, price changes will take effect at the start of the next billing period following at least 30 days' advance notice. If you do not agree to the new pricing, you may cancel your subscription before the price change takes effect.

8. Acceptable Use Policy

You agree not to use the Platform to:

• Violate any applicable local, provincial, national, or international law or regulation.
• Generate, distribute, or publish content that is unlawful, defamatory, obscene, harassing, threatening, fraudulent, or that infringes on any third party's intellectual property or privacy rights.
• Create deceptive or misleading advertising content that violates advertising standards or platform policies.
• Generate content that promotes discrimination, hate speech, violence, or illegal activities.
• Attempt to circumvent usage limits, access controls, or other security measures of the Platform.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform or its AI agent prompts.
• Use automated tools (bots, scrapers, etc.) to access the Platform without our express written consent.
• Resell, sublicense, or provide access to the Platform to third parties without our express written consent.
• Interfere with or disrupt the integrity or performance of the Platform or its underlying infrastructure.
• Use the Platform to collect personal information about other users without their consent.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this Acceptable Use Policy, including without limitation, suspending or terminating the violator's account and reporting them to law enforcement authorities.

9. Third-Party Integrations and Services

The Platform integrates with third-party services including Meta (Facebook/Instagram), Google Ads, Google Analytics, LinkedIn, Twitter/X, TikTok, TikTok Ads, Slack, and Google Search Console. With respect to these integrations:

• You are responsible for maintaining active and valid accounts with each third-party service you connect.
• Your use of third-party services is subject to their respective terms of service and privacy policies.
• We are not responsible for the availability, accuracy, or reliability of third-party services.
• Third-party services may change their APIs, terms, or policies at any time, which may temporarily or permanently affect the functionality of our integrations.
• You may disconnect any third-party integration at any time through Settings > Connections. Upon disconnection, we will delete stored access tokens but may retain data previously synced from the service in accordance with our Privacy Policy.

10. AI-Specific Disclaimers

The Platform uses artificial intelligence extensively. You acknowledge and agree that:

• No guarantee of accuracy: AI-generated content may contain errors, inaccuracies, hallucinations, or inappropriate material. You must review all outputs before use.
• No guarantee of performance: Quality scores, creative concepts, and marketing suggestions are algorithmic assessments and do not guarantee actual marketing campaign performance or return on investment.
• Content similarity: AI models may generate similar or identical content for different users. We do not guarantee the uniqueness or exclusivity of any Generated Output.
• Evolving technology: AI capabilities may change as underlying models are updated. Output quality and characteristics may vary over time.
• Human review required: AI-generated content is not a substitute for human judgment. You are responsible for ensuring all content is appropriate, accurate, legally compliant, and aligned with your brand standards before publishing or distributing it.
• Regulatory compliance: You are solely responsible for ensuring that AI-generated marketing content complies with all applicable advertising regulations, industry standards, and platform-specific policies in your jurisdiction.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATELLIER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, REVENUE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to, use of, or inability to access or use the Platform.
• Any conduct or content of any third party on or related to the Platform.
• Any content obtained from the Platform, including AI-generated outputs.
• Unauthorized access, use, or alteration of your transmissions or content.
• Actions taken by third-party platforms (Meta, Google, LinkedIn, Twitter/X, TikTok) in response to content published through the Platform, including ad disapprovals, account suspensions, or policy violations.
• Loss of advertising spend or marketing budget resulting from reliance on AI-generated quality scores or recommendations.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED CANADIAN DOLLARS (CAD $100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

12. Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (A) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM USING THE PLATFORM (INCLUDING AI-GENERATED OUTPUTS) WILL BE ACCURATE, RELIABLE, OR MEET YOUR REQUIREMENTS; (C) THE QUALITY OF ANY CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS IN THE PLATFORM WILL BE CORRECTED.

13. Indemnification

You agree to defend, indemnify, and hold harmless Atellier and its officers, directors, employees, contractors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Platform.
• Your violation of these Terms.
• Your violation of any third party's rights, including intellectual property, privacy, or advertising compliance rights.
• Content you publish through the Platform to third-party platforms (Meta, LinkedIn, Twitter/X, TikTok, etc.).
• Any claim that Your Content or your use of Generated Outputs caused damage to a third party.

14. Termination

14.1 Termination by You

You may terminate your account at any time by contacting us at support@atellier.ai or through the account settings in the Platform. Upon termination, your right to access and use the Platform ceases immediately.

14.2 Termination by Us

We may suspend or terminate your account and access to the Platform at any time, with or without cause, with or without notice, including but not limited to if we reasonably believe that:

• You have violated these Terms or our Acceptable Use Policy.
• Your use of the Platform poses a security risk or may cause harm to other users or third parties.
• Your account has been inactive for an extended period (twelve months or more for Free tier accounts).
• We are required to do so by law or legal process.

14.3 Effect of Termination

Upon termination:

• Your access to the Platform and all workspace content will be revoked.
• We will delete your account data in accordance with our Privacy Policy (within 30 days, except where legally required to retain).
• You may request an export of your data before account deletion by contacting support@atellier.ai.
• Any outstanding payment obligations survive termination.
• Sections 6 (Intellectual Property), 11 (Limitation of Liability), 12 (Disclaimer), 13 (Indemnification), 16 (Governing Law), and 17 (Dispute Resolution) survive termination.

15. Modifications to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last updated" date at the top of these Terms.
• Notify you via email or a prominent notice on the Platform at least 30 days before the changes take effect.

Your continued use of the Platform after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Platform and cancel your subscription.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or the Platform shall be brought exclusively in the courts located in Calgary, Alberta, Canada, and you consent to the personal jurisdiction of such courts.

17. Dispute Resolution

17.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@atellier.ai and attempt to resolve the dispute informally for at least 30 days.

17.2 Arbitration

If the dispute cannot be resolved informally, you and Atellier agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms through binding arbitration administered by the ADR Institute of Canada in accordance with its Arbitration Rules. The arbitration shall take place in Calgary, Alberta, Canada, and be conducted in English. The arbitrator's decision shall be final and binding.

17.3 Class Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ATELLIER AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

17.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

18. Service Availability and Modifications

We strive to maintain high availability of the Platform but do not guarantee uninterrupted access. We may:

• Perform scheduled or emergency maintenance that may result in temporary downtime.
• Modify, update, or discontinue features of the Platform at any time. For material changes that affect paid features, we will provide at least 30 days' notice.
• Experience service disruptions due to factors beyond our control, including third-party service outages, natural disasters, or cyberattacks.

19. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Atellier regarding the Platform and supersede all prior agreements, understandings, and communications.
• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not be considered a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
• Force Majeure: We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from events beyond our reasonable control, including natural disasters, acts of government, pandemics, internet outages, or third-party service failures.
• Notices: We may provide notices to you via email to the address associated with your account. You may provide notices to us at legal@atellier.ai.
• Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.

20. Contact Us

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