Terms of Use

1. Acceptance of these Terms

These Terms of Use ("Terms") are a binding agreement between you and [ENTITY NAME] ("TinyAtom", "we", "us"). They govern your access to and use of the TinyAtom desktop application, the TinyAtom website, the community marketplace, and any related services (together, the "Service").

By downloading, installing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" means that organisation.

2. Who may use TinyAtom

You may use the Service only if all of the following are true:

• You are at least 16 years old, or the age of digital consent in your jurisdiction, whichever is higher.
• You have the legal capacity to enter into a binding contract.
• You are not barred from using the Service under the laws of your jurisdiction, and you are not a person or entity subject to sanctions as described in section 20.
• You have not previously been removed from the Service for breaching these Terms.

3. Your licence to use the software

Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install, and use the TinyAtom application on computers you own or control, for your personal or internal business purposes.

This is a licence, not a sale. We reserve all rights not expressly granted. The licence terminates automatically if you breach these Terms.

4. What TinyAtom is, and is not

TinyAtom is a tool that helps you create, install, and run small software tools ("atoms") that execute locally on your computer. We provide the environment. We do not write, review, audit, certify, or operate the atoms you or anyone else builds.

We are not a hosting provider, a security auditor, a code reviewer, or a data processor for your tool data. Atoms run on your machine, under your operating system account, with the permissions you grant them. You are the operator of every atom you install or run.

5. Atoms you create

As between you and us, you retain ownership of the atoms you create and any content you put into them. We claim no ownership of your atoms, your source code, or your data.

You are solely responsible for the atoms you create, including their behaviour, their security, their accuracy, their compliance with law, and any consequences of running them. If you distribute an atom to other people, whether through the marketplace, a private company list, or any other means, you are responsible for what that atom does on their computers.

6. Acceptable use and prohibited conduct

This section is the core of these Terms. TinyAtom lets you build software that runs on real computers with real data. That power carries obligations. You must not use the Service, and must not create, run, publish, or distribute any atom, for any of the following purposes.

6.1 Malicious and harmful software

You must not build, publish, distribute, or run any atom that:

• contains or installs malware, spyware, ransomware, worms, viruses, trojans, rootkits, keyloggers, screen scrapers, backdoors, logic bombs, or any other malicious or hidden code;
• mines cryptocurrency, hijacks computing resources, or performs any processing the user has not knowingly agreed to;
• encrypts, corrupts, deletes, disables, or holds hostage any data, device, or system;
• disables, degrades, or interferes with security software, operating system protections, or the user's ability to remove the atom;
• propagates itself, installs other software, or downloads and executes remote code without the user's knowledge and consent; or
• is designed to damage, disrupt, or gain unauthorised control of any computer, network, account, or device.

6.2 Stealing data and credentials

You must not build, publish, distribute, or run any atom that:

• collects, copies, transmits, or exfiltrates a user's files, documents, messages, browsing data, location, or other personal information without that user's clear, informed, and specific consent;
• harvests passwords, API keys, tokens, session cookies, private keys, seed phrases, payment card data, or any other credential or secret;
• captures keystrokes, screen contents, audio, video, or clipboard contents without clear disclosure and consent;
• sends any data to a remote server that the atom's description does not clearly and accurately disclose; or
• is used to conduct surveillance of any person without their knowledge, or in violation of applicable law.

6.3 Circumventing TinyAtom's protections

TinyAtom asks atoms to declare the files, data, and computer capabilities they need, and asks the user to approve that access. This permission and capability system is a core safety feature. You must not:

• bypass, disable, evade, defeat, or tamper with the capability, permission, sandboxing, or consent mechanisms of the Service;
• under-declare, misdeclare, or obscure the access an atom actually requires or actually takes;
• escalate privileges beyond what the user has granted, or access files, devices, or resources outside the granted scope;
• use obfuscation, packing, encryption, time delays, remote configuration, or staged payloads to hide what an atom does from the user or from us; or
• cause an atom to behave differently when it detects it is being reviewed, tested, or observed.

6.4 Deception and impersonation

You must not:

• misrepresent what an atom does, who wrote it, or who publishes it;
• impersonate TinyAtom, any person, or any organisation, or falsely imply endorsement, affiliation, verification, or review by us;
• use a name, icon, or description likely to confuse users about an atom's origin or purpose;
• conduct phishing, social engineering, fraud, scams, or any other deceptive practice; or
• manipulate marketplace rankings, install counts, reviews, or other signals.

6.5 Unlawful and infringing use

You must not use the Service or any atom to:

• violate any applicable law, regulation, sanction, or court order;
• infringe any copyright, trademark, patent, trade secret, moral right, privacy right, publicity right, or other right of any person;
• create, store, or distribute child sexual abuse material, content that sexualises minors, or any content that is illegal to possess or distribute;
• harass, threaten, stalk, defame, or incite violence against any person, or promote terrorism or violent extremism;
• process personal data in violation of applicable data protection law, or without a valid legal basis where one is required;
• gain unauthorised access to any system, account, or data, including through scanning, probing, credential stuffing, or exploitation of vulnerabilities; or
• build tools intended to facilitate any of the above by others.

6.6 Content we do not allow

Separately from anything unlawful, we do not permit the following categories on the Service, whether or not they are legal where you live. You must not create, publish, or distribute through the Service any atom that:

• promotes, facilitates, advertises, or provides access to gambling, betting, wagering, lotteries, casino or card games played for money or anything of value, sports betting, or similar games of chance, including simulated gambling that funnels users toward real-money gambling;
• contains, generates, hosts, or provides access to adult or sexually explicit content, pornography, sexual services, or content whose primary purpose is sexual gratification;
• promotes or facilitates the sale of illegal drugs, weapons, or other regulated goods where doing so is not permitted; or
• we otherwise reasonably determine to be inappropriate for the Service.

This is a content policy, not a legal judgment. We may decline or remove an atom in these categories at our sole discretion, and our decision is final. We may add categories to this list at any time.

6.7 Misuse of the Service itself

You must not:

• reverse engineer, decompile, or disassemble the TinyAtom application, except to the extent that applicable law expressly permits it despite this restriction;
• remove, obscure, or alter any proprietary notice, branding, or attribution;
• rent, lease, sell, sublicense, or redistribute the TinyAtom application itself, or present it as your own product;
• scrape, spider, or bulk-download the marketplace, or place unreasonable load on our infrastructure;
• interfere with, disrupt, or attempt to gain unauthorised access to the Service or any related system; or
• use the Service to develop a competing product using our proprietary information.

6.8 Enforcement

We may investigate suspected breaches of this section. We may, at our sole discretion and without prior notice, remove or disable any atom, reject or delist any submission, suspend or terminate your access to the Service, retain evidence, and report conduct to law enforcement or affected parties. We are not obligated to monitor, and any decision not to act in one case does not waive our right to act in another.

Nothing in this section limits any other remedy available to us or to any person harmed by your conduct.

7. The marketplace and user content

The marketplace lets people publish atoms for others to install, and lets organisations keep private company lists. Anything you submit, publish, or upload, including atoms, code, descriptions, names, icons, metadata, and any other material, is "User Content".

7.1 Licence you grant us

You retain ownership of your User Content. By submitting or publishing User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to host, store, reproduce, distribute, publicly display, transmit, and otherwise use that User Content solely to operate, provide, secure, promote, and improve the Service, and to distribute it to users who choose to install it. This licence continues for as long as the User Content remains on the Service and for a reasonable period afterwards to allow for backups and for users who already installed it.

If you publish an atom under an open source licence, that licence also applies to everyone who receives it, according to its terms.

7.2 What you promise about your submissions

Each time you submit or publish User Content, you represent and warrant that:

• you own it or have all rights and permissions necessary to grant the licence above;
• it does not infringe or misappropriate anyone's rights;
• it does not breach section 6, and specifically that it contains no malicious, hidden, or undisclosed functionality;
• its description, name, and declared capabilities accurately and completely describe what it does, what it accesses, and where it sends data;
• it complies with all applicable laws; and
• you will keep it accurate, and will promptly notify us if you discover a vulnerability or a material inaccuracy in it.

7.3 Our review of submitted atoms

We review atoms submitted for publication on the marketplace. That review looks for security problems, malicious or hidden behaviour, obvious bugs, inaccurate capability declarations, and content that breaches section 6. We may reject a submission, ask for changes, or remove an atom already published.

Our review is a reasonable best effort. It is not a guarantee, a certification, an audit, or a warranty of any kind. Software review is inherently imperfect. We can miss vulnerabilities, defects, malicious code that is deliberately hidden from reviewers, and behaviour that only appears in conditions we did not test or after an atom is updated. A review reflects what we saw at the time we looked, on the version we looked at.

Accordingly, and to the maximum extent permitted by law:

• publication on the marketplace is not an endorsement, certification, or statement that an atom is safe, secure, functional, accurate, or lawful;
• our review does not transfer any responsibility for an atom from its publisher to us. The publisher remains solely responsible for it, and you remain responsible for what you choose to install and run;
• you must not rely on our review as a substitute for your own judgment. Continue to check what files, data, and capabilities each atom asks for before you install it;
• we assume no duty of care to any user or publisher by reason of conducting a review, and we do not become the author, operator, or guarantor of any atom we review; and
• we have no obligation to review any particular submission, to review to any particular standard or depth, to re-review updates, or to continue reviewing at all.

Labels such as "verified" or "trusted publisher" refer only to the limited checks described alongside them and are not a security guarantee.

The disclaimers of warranty in section 16 and the limitations of liability in section 17 apply in full to our review and to anything we did or did not find during it.

7.4 Our rights over User Content

We may, at any time and at our sole discretion, without liability and without prior notice: review, test, or analyse any submission; refuse, remove, disable, delist, or restrict any User Content; add warnings or labels; and revoke publishing access. We may also push a signal that causes an atom already installed to be flagged or disabled where we reasonably believe it presents a security risk.

8. Copyright complaints

We respond to notices of alleged copyright infringement. If you believe material on the Service infringes your copyright, send a written notice to [COPYRIGHT AGENT EMAIL] including: your contact details; identification of the copyrighted work; identification of the material you claim is infringing and where it is located; a statement that you have a good faith belief the use is not authorised; a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorised to act for the owner; and your physical or electronic signature.

If your material was removed and you believe that was a mistake, you may send a counter notice to the same address. We may restore the material as permitted by applicable law. We may terminate the accounts of repeat infringers.

9. Third-party atoms

Atoms published by other people are third-party software. They are not our products. We did not write them, we do not control them, and we do not guarantee them.

We review atoms before they are published, as described in section 7.3, and we reject those we find to be malicious, insecure, or in breach of section 6. That review is a best effort and cannot catch everything. It does not make a third-party atom our product, and it does not make us responsible for it.

You install and run third-party atoms entirely at your own risk. Before you install any atom, review the files, data, and capabilities it asks for, and do not treat our review as a guarantee that the atom is safe. To the maximum extent permitted by law, we are not liable for any loss, damage, data breach, or harm caused by a third-party atom, whether or not we reviewed it and whether or not our review failed to detect the problem.

10. Coding assistants and generated code

TinyAtom is designed to be used alongside coding assistants. Code produced by a coding assistant may be incorrect, insecure, inefficient, non-compliant, or may resemble existing code in ways that raise licensing questions. We do not review or guarantee any generated code.

You are responsible for reviewing, testing, and securing any code you build with or without an assistant before you run it or distribute it. Your use of any third-party coding assistant is governed by that provider's own terms, and we are not responsible for it.

11. Your security responsibilities

You are responsible for:

• reviewing what each atom can access before you approve it;
• the security of your computer, your operating system account, and your credentials;
• backing up your data, because atoms store data locally, we hold no copy of it, and we cannot recover it for you;
• complying with your own legal obligations for any personal data your atoms process, including acting as the controller of that data where applicable law says so; and
• determining whether an atom is appropriate for your regulated, safety-critical, or high-risk use case. The Service is not designed for use where failure could lead to death, personal injury, or severe environmental or financial harm.

12. Changes to the software

We may change, update, suspend, limit, or discontinue any part of the Service, including the marketplace, at any time and without liability. We do not guarantee that the Service will be available, uninterrupted, error-free, backward compatible, or that any atom will continue to work after an update to TinyAtom, your operating system, or any dependency. We are not obliged to provide updates, support, or maintenance.

13. Fees

TinyAtom is currently free. We may introduce paid features or plans in future. If we do, we will make the terms clear before you incur any charge, and you will never be charged for something you have not agreed to.

14. Our intellectual property

The TinyAtom application, website, name, logo, and branding are owned by us and protected by intellectual property laws. Except for the limited licence in section 3, these Terms grant you no right in our intellectual property. You may not use our name or logo without our prior written permission, except to refer to the Service factually and accurately.

15. Feedback

If you send us ideas, suggestions, bug reports, or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use it for any purpose without obligation, attribution, or compensation to you.

16. Disclaimer of warranties

The Service is provided "as is" and "as available", without warranty of any kind. To the maximum extent permitted by law, we disclaim all warranties, express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Service or any atom will be secure, error-free, uninterrupted, free of harmful components, or that any defect will be corrected. No advice or information obtained from us creates any warranty not expressly stated in these Terms.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. In that case, such warranties are limited to the minimum extent and shortest duration permitted by law.

17. Limitation of liability

To the maximum extent permitted by law, in no event will we, our affiliates, or our officers, directors, employees, contributors, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business, data, or use, or for any cost of substitute software or services, arising out of or relating to the Service or these Terms, whether in contract, tort (including negligence), strict liability, or otherwise, and whether or not we were advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total amount you paid us for the Service in the twelve months before the event giving rise to the claim, or (b) [USD 50]. You acknowledge that the Service is provided free of charge and that these limitations are a fundamental basis of the bargain between us.

Some jurisdictions do not allow certain limitations of liability, so parts of the above may not apply to you. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud.

18. Indemnification

You agree to defend, indemnify, and hold harmless TinyAtom and its affiliates, officers, directors, employees, contributors, and agents from and against any claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: your use of the Service; any atom you create, run, publish, or distribute; your User Content; your breach of these Terms; your violation of any law or of any right of any third party; or any data you process using the Service. We may assume the exclusive defence and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defence.

19. Suspension and termination

You may stop using the Service at any time by uninstalling the application. We may suspend or terminate your access to any part of the Service at any time, with or without cause and with or without notice, including if we reasonably believe you have breached these Terms or that your conduct presents a risk to us, to other users, or to any third party.

Sections that by their nature should survive termination will survive, including sections 5, 6, 7.1, 9, 14, 15, 16, 17, 18, 21, and 23.

20. Export controls and sanctions

You represent that you are not located in, and are not a national or resident of, any country subject to comprehensive sanctions, and that you are not on any restricted-party or denied-party list. You must not export, re-export, or use the Service in violation of any applicable export control or sanctions law.

21. Governing law and disputes

These Terms are governed by the laws of [STATE / COUNTRY], without regard to its conflict of laws rules. You and we agree to the exclusive jurisdiction of the courts located in [CITY, STATE / COUNTRY] for any dispute that is not subject to arbitration, and you waive any objection to venue there.

[OPTIONAL, discuss with counsel: any dispute may instead be resolved by binding individual arbitration, and you and we waive the right to a jury trial and to participate in a class action. An arbitration and class-action-waiver clause has significant consequences and must be drafted to be enforceable in your jurisdiction, so it is deliberately left as a placeholder here rather than guessed at. ]

Any claim arising out of or relating to the Service must be filed within one year after the claim arose, or it is permanently barred, except where applicable law requires a longer period.

If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction whose law grants you mandatory protections, nothing in this section deprives you of the protection of those mandatory rules, including your right to bring proceedings in the courts of your place of residence.

22. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we will update the "last updated" date above and, where reasonable, give notice through the Service or the website. Your continued use of the Service after a change takes effect means you accept the revised Terms. If you do not accept them, stop using the Service.

23. General terms

Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Service, and supersede any prior agreement on that subject.

Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the rest of these Terms will remain in effect.

No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them freely, including in connection with a merger, acquisition, or sale of assets.

No third-party beneficiaries. These Terms do not create any right in any person who is not a party to them.

Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.

Independent contractors. These Terms do not create any partnership, joint venture, employment, or agency relationship.

24. Contact

Questions about these Terms can be sent to [LEGAL CONTACT EMAIL], or by post to [POSTAL ADDRESS].

To report a malicious atom, a security vulnerability, or abuse, contact [SECURITY CONTACT EMAIL]. We take these reports seriously and will investigate.