§ 2 Description of Services and Availability

(1) ATMO provides the User with an AI-powered Software-as-a-Service (SaaS) platform. The platform enables the User to upload financial, tax, and geographic operational documents. The software structures and analyzes this data using artificial intelligence (in-house models as well as third-party providers). In doing so, the platform also utilizes publicly available satellite data to automatically cross-reference, verify, and evaluate the environmental conditions and utilization of the uploaded geographic plots (shapefiles), in order to generate a standardized financing analysis ("Bank Assessment") for submission to lending institutions.

(2) Registration and use of the platform are currently free of charge for the User. ATMO reserves the right to modify, restrict, or expand the functional scope of the free platform at any time, or to introduce paid premium services.

(3) ATMO's contractual obligation is limited solely to providing the software platform for independent use by the User. ATMO does not guarantee any commercial success, successful loan or financing approvals from banks, or government grant approvals.

(4) ATMO endeavors to ensure the best possible availability of the platform but does not guarantee uninterrupted access or any specific uptime percentage.

§ 3 Registration and Formation of Contract

(1) Using the platform requires creating a user account. The User is obligated to provide truthful and complete information during the registration process.

(2) By submitting the registration form, the User makes a formal offer to enter into a free-of-charge user agreement. The contract is concluded only when ATMO activates the account or sends a confirmation email. There is no legal entitlement to the conclusion of a user contract.

§ 4 User Obligations and Data Uploads

(1) The User bears sole responsibility for the content and documents uploaded onto the platform (e.g., BWAs, tax assessments, field logs, shapefiles).

(2) The User explicitly warrants that they possess the legal right to process the uploaded data and documents on the platform, and that the upload does not infringe upon any third-party rights (in particular, copyrights, data protection rights of employees/suppliers, or trade secrets). The User shall indemnify and hold ATMO harmless from any third-party claims arising from an unlawful provision of data by the User.

(3) The User is prohibited from transmitting malware, viruses, or any other manipulative scripts to the platform.

§ 5 Usage Rights and AI Model Training

(1) ATMO grants the User a simple, non-transferable, non-sublicensable right, limited to the duration of the contract, to use the platform for its own internal business purposes.

(2) By uploading documents, the User grants ATMO the right to reproduce, process, and modify this data, insofar as it is necessary to deliver the contractual analysis services.

(3) License for In-House AI Model Training (Voluntary Opt-In): Provided the User gives explicit consent during registration or in their profile settings, they grant ATMO a royalty-free, worldwide, perpetual, irrevocable, and sublicensable license to use the uploaded documents and operational data in anonymized form for the purpose of further development, training, validation, and optimization of ATMO's proprietary in-house AI models and analysis algorithms. This data will be scrubbed prior to training to ensure that no correlation can be made back to the identity of the User or their farm. The data protection right to withdraw consent remains unaffected.

§ 6 Limitation of Liability for AI-Generated Content

(1) ATMO uses artificial intelligence systems to generate the analyses. The User acknowledges that AI-generated content and assessments are subject to system-inherent errors or misinterpretations. The results do not constitute legal, tax, or financial advice. The User is obligated to have any analysis or report generated by the platform independently verified for accuracy by a qualified professional (e.g., a tax advisor) prior to sharing it with banks or relying on it for business decisions.

(2) To the extent services are provided free of charge, ATMO's liability shall be limited to intent and gross negligence pursuant to Section 521 of the German Civil Code (BGB), to the extent legally permissible. Paid services shall be subject to the separate liability provisions set out below.

(3) For slight negligence, ATMO shall only be liable in the event of a breach of a material contractual obligation (cardinal obligation), the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely. In this case, liability is limited to typical, foreseeable contractual damages.

(4) Liability for damages arising from injury to life, body, or health, as well as under the German Product Liability Act (Produkthaftungsgesetz), remains unaffected.

§ 7 Term and Termination

(1) The user agreement is entered into for an indefinite period.

(2) The User may terminate the contractual relationship at any time without notice by closing/deleting their account or by notifying ATMO in text form (via email to info@atmo.earth).

(3) ATMO may terminate the user agreement at any time by giving two weeks' notice. The right to terminate immediately for good cause (e.g., in the event of platform abuse or uploading fraudulent documents) remains unaffected.

§ 8 Miscellaneous Provisions

(1) This contract shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) If the User is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, the exclusive venue for all disputes arising from or in connection with this contract shall be ATMO's place of business (Berlin).

(3) If individual provisions of these T&Cs are or become invalid, the validity of the remaining provisions shall remain unaffected.