1. Acceptance of Terms
By registering for an account, accessing, or using the
Atelier CMS platform (the "Service"),
you agree to be bound by these Terms of Service
("Terms"). If you are entering into
these Terms on behalf of a company or other legal entity
("Tenant"), you represent that you have
the authority to bind that entity. If you do not agree
to these Terms, you may not use the Service.
You must affirmatively accept these Terms at
the time of account creation and whenever a new version
takes effect. Continued use of the Service after a Terms
update constitutes acceptance of the updated Terms.
2. Definitions
- "Atelier" or "we"
refers to FJS Services, Inc., the operator of the
Atelier CMS platform.
- "Service" means the Atelier CMS
software-as-a-service platform, including all
associated tools, APIs, templates, and
documentation.
- "Tenant" means a business or
individual that has subscribed to the Service to
manage one or more websites.
- "Admin User" means any individual
granted access to a Tenant's administrative
dashboard.
- "End User" means a visitor to a
website published by a Tenant through the Service.
- "Tenant Content" means all data,
text, images, files, and other content submitted to
the Service by a Tenant or its Admin Users.
- "Subscription Plan" means the tier
of service selected by the Tenant, as described on
the pricing page.
3. The Service
Atelier grants you a non-exclusive, non-transferable,
limited license to access and use the Service during the
subscription term, solely for your internal business
purposes and subject to these Terms and the applicable
Subscription Plan limits.
We reserve the right to modify, suspend, or
discontinue any feature of the Service at any time with
reasonable advance notice, except where required by law
or in cases of emergency. We will not be liable to you
or any third party for any modification, suspension, or
discontinuation of the Service.
Certain features, such as the number of
sites, published pages, blog posts, and media storage,
are subject to limits defined by your Subscription Plan.
You may upgrade your plan at any time to access higher
limits.
4. Accounts and
Registration
You are responsible for maintaining the confidentiality
of your account credentials and for all activities that
occur under your account. You agree to notify Atelier
immediately of any unauthorized use of your account.
Tenants are responsible for ensuring that
all Admin Users who access the Service on their behalf
comply with these Terms. Tenant accounts are created by
Atelier administrators and are not available for
self-service registration except where explicitly
offered.
You may not share your account credentials
with third parties or create accounts on behalf of
another person without their express authorization.
5. Billing and Payment
Subscription Fees. You agree to pay all
fees associated with your Subscription Plan. Fees are
billed in advance on a monthly or annual basis, as
selected at the time of subscription.
Auto-Renewal. Subscriptions
automatically renew at the end of each billing period
unless cancelled before the renewal date. By
subscribing, you authorize Atelier to charge your
payment method on each renewal date.
Cancellation. You may
cancel your subscription at any time through the billing
dashboard or by contacting support. Cancellation takes
effect at the end of the current billing period. You
will retain access to paid features until the period
ends.
Non-Refundable. Fees are
non-refundable except as required by applicable law.
Partial-period refunds are not provided.
Past Due Accounts. If
payment fails, your account will enter a past-due state.
Access to administrative features may be restricted
until payment is resolved. You will be notified by email
before any access restriction takes effect.
Price Changes. Atelier may
change Subscription Plan pricing with 30 days' advance
notice. Continued use after the notice period
constitutes acceptance of the new pricing.
Taxes. Fees do not include
taxes. You are responsible for all applicable taxes,
levies, or duties imposed by any taxing authority.
6. Tenant Content and
Data
Your Ownership. You retain all ownership
rights in your Tenant Content. By submitting content to
the Service, you grant Atelier a limited, non-exclusive
license to host, display, and transmit your content
solely as necessary to operate the Service.
Your Responsibility. You
are solely responsible for all Tenant Content, including
its accuracy, legality, and compliance with applicable
laws. Atelier is a passive hosting provider and does not
review, endorse, or control Tenant Content.
Data Export. You may export
your data at any time through the administrative
dashboard or by contacting support. Following account
termination, Atelier will retain your data for 30 days
to allow you to export it, after which it will be
deleted.
End User Data. You are the
data controller for all personal data you collect from
your End Users (including through contact forms built
with the Service). You are responsible for obtaining all
legally required consents and for complying with
applicable data protection laws with respect to your End
Users.
Prohibited Content. You may
not use the Service to store, publish, or transmit
content that violates our Acceptable Use Policy.
7. Intellectual Property
The Atelier CMS platform, including its software, design,
interfaces, documentation, and branding, is owned by
Atelier and protected by intellectual property laws.
Nothing in these Terms transfers ownership of the
platform to you.
Atelier is open-source software; its source
code is available under the terms set forth in the
project's license file. The open-source license does not
grant you any rights to use the Atelier name, logo, or
branding for commercial purposes.
You represent and warrant that you own or
have the necessary rights to all Tenant Content you
submit to the Service, and that such content does not
infringe the intellectual property rights of any third
party.
8. DMCA and Content
Takedowns
Atelier respects intellectual property rights and
complies with the Digital Millennium Copyright Act
(DMCA). If you believe that content hosted through the
Service infringes your copyright, please send a notice
containing the information required by 17 U.S.C. §
512(c)(3) to our designated DMCA agent:
DMCA Agent: [Name]
Email: dmca@ateliercms.com
Address: [Address]
Upon receiving a valid DMCA notice, we will act
expeditiously to remove or disable access to the
allegedly infringing content and will notify the
affected Tenant. We maintain a policy of terminating
repeat infringers' accounts in appropriate
circumstances, as further described in our Acceptable Use Policy.
9. AI Features
The Service offers an AI content drafting feature powered
by Anthropic's Claude API ("AI
Features"). By using AI Features, you
acknowledge and agree that:
- Content you submit for AI drafting is processed by
Anthropic, Inc. as a subprocessor. Use of AI
Features is subject to Anthropic's usage policies.
- AI-generated content is provided as a drafting aid
only. You are responsible for reviewing, editing,
and verifying all AI-generated content before
publishing.
- You are solely responsible for ensuring that any
content you publish — including AI-assisted content
— complies with applicable laws and does not
infringe third-party rights.
- You may not use AI Features to generate content that
violates Anthropic's usage policies or our
Acceptable Use Policy.
10. Privacy and Data
Our collection and use of personal data in connection
with the Service is described in our Privacy Policy, which
is incorporated into these Terms by reference. If you
are a business subject to GDPR, our Data Processing
Addendum also applies and is incorporated by
reference.
11. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE,"
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT. ATELIER DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR
FREE FROM HARMFUL COMPONENTS.
12. Limitation of
Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL
ATELIER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF
PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, ARISING
OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE,
EVEN IF ATELIER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
ATELIER'S TOTAL AGGREGATE LIABILITY FOR ANY
CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR THE
SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU
PAID TO ATELIER IN THE TWELVE MONTHS PRECEDING THE CLAIM
OR (B) ONE HUNDRED US DOLLARS ($100).
These limitations apply regardless of the
form of action, whether in contract, tort, strict
liability, or otherwise. The foregoing limitations do
not apply to liability arising from Atelier's gross
negligence or willful misconduct, or to the extent
prohibited by applicable law.
13. Indemnification
You agree to defend, indemnify, and hold harmless Atelier
and its officers, directors, employees, and agents from
and against any claims, damages, losses, liabilities,
costs, and expenses (including reasonable attorneys'
fees) arising from or related to:
- Your Tenant Content, including any claim that your
content infringes a third party's intellectual
property rights;
- Your collection, use, or processing of your End
Users' personal data;
- Your use of the email delivery features, including
any violation of applicable anti-spam laws;
- Your violation of these Terms or our Acceptable Use
Policy;
- Any claim by your End Users, clients, or other third
parties arising from their use of websites you
operate through the Service.
14. Term and Termination
These Terms remain in effect for as long as you use the
Service. Either party may terminate the agreement at any
time: you by cancelling your subscription and ceasing
use; Atelier by providing 30 days' notice for
convenience, or immediately for cause (including
material breach, repeated AUP violations, non-payment
after a cure period, or fraudulent activity).
Upon termination, your right to access and
use the Service ceases immediately. Atelier will retain
your data for 30 days post-termination to allow you to
export it. After that period, your data will be
permanently deleted.
Sections that by their nature should survive
termination (including Sections 6, 7, 11, 12, 13, 15)
will survive.
15. Governing Law and
Dispute Resolution
These Terms are governed by the laws of the State of
[State], without regard to conflict of law principles.
Any dispute arising under these Terms will be resolved
exclusively in the state or federal courts located in
[County, State], and both parties consent to personal
jurisdiction in those courts.
For any dispute involving less than $10,000,
either party may elect to resolve the dispute through
binding non-appearance-based arbitration. The
arbitration will be conducted using an established
alternative dispute resolution provider. The parties
agree that any arbitration will be conducted in their
individual capacities only and not as a class action or
other representative proceeding.
16. Changes to Terms
Atelier may update these Terms from time to time. We will
provide at least 30 days' advance notice of material
changes by email and by displaying a notice in the
administrative dashboard. The updated Terms will be
identified by a new effective date.
For material changes, we will require you to
affirmatively accept the updated Terms before continuing
to use the Service. Your continued use of the Service
after the effective date of a non-material change
constitutes acceptance.