Terms of Service

3.1 Account Creation

To access the Service, Customer must register for an account and provide accurate, complete, and current information. Customer agrees to maintain and promptly update account information as necessary. Atrium reserves the right to suspend or terminate accounts based on inaccurate or misleading registration information.

3.2 Authorized Representatives

The individual creating an account on behalf of a community association warrants that they have full authority to bind that entity to this Agreement. If a property management company (“Property Manager”) creates or administers an account on behalf of a community association:

• Both the Property Manager and the community association are jointly and severally responsible for compliance with this Agreement and for all activity occurring under the account;
• The Property Manager warrants that it has been duly authorized by the association to enter into this Agreement on the association’s behalf;
• The association acknowledges that by permitting a Property Manager to access the Service on its behalf, it is bound by this Agreement to the same extent as if it had entered into this Agreement directly;
• In the event of a dispute between a Property Manager and an association, Atrium will not adjudicate such disputes and may require written authorization from the association’s board of directors to take any account action.

3.3 Account Security

Customer is solely responsible for maintaining the confidentiality of account credentials and for all activity occurring under the account. Customer agrees to notify Atrium immediately at legal@atriumcms.com upon becoming aware of any unauthorized access or breach of account security.

4.1 Subscription Plans and Unit Reporting

Access to the Service is provided on a subscription basis. Subscription fees are based on the number of units (e.g., individual properties, lots, or doors) within the Customer’s managed community, as specified at the time of enrollment or as updated in accordance with this Agreement.

4.2 Billing and Auto-Renewal

Subscriptions are billed on a recurring basis (monthly or annually, as selected by Customer) via the payment method provided through Stripe. Subscriptions automatically renew at the end of each billing period unless cancelled prior to the renewal date.

Atrium will send an advance notice email prior to each renewal: at least seven (7) days before a monthly renewal and at least thirty (30) days before an annual renewal. Customer is responsible for maintaining a valid and current email address on file.

4.3 Payment and Failure to Pay

Customer authorizes Atrium to charge the payment method on file for all applicable subscription fees in U.S. dollars. In the event of a failed payment, the following timeline applies:

• Day 0 — Payment fails. Atrium notifies Customer via email and attempts to collect payment.
• Days 1–7 — Grace period. The Customer portal remains fully active. Customer must resolve the payment issue within this window.
• Day 7 — Suspension. If payment has not been received, Atrium will suspend access to the Service. The Customer portal will go offline and resident access will be disabled. Customer data is retained in full but inaccessible until payment is resolved.
• Days 8–37 — Suspended state. The account remains suspended. Customer may restore access at any time by resolving the outstanding balance in full.
• Day 37 — Termination. If payment remains outstanding thirty (30) days after suspension, Atrium may terminate the account. The thirty (30) day data export window described in Section 14.3 begins upon termination.

Atrium reserves the right to charge a reinstatement fee for accounts restored following suspension. All outstanding balances must be paid in full before access is restored.

4.4 Unit Audits and Retroactive Billing

Atrium reserves the right to audit Customer accounts at any time to verify the accuracy of the reported unit count. Audits may be initiated based on information provided by Customer, data available within the platform, third-party complaints, or at Atrium’s sole discretion. Customer agrees to cooperate with any such audit and to provide supporting documentation upon request.

If an audit reveals that Customer has under-reported the number of units, Atrium will correct the unit count and automatically update subscription billing going forward. In addition, Atrium will retroactively bill Customer for the underpayment as follows:

• Under-reporting at signup: If the unit count was inaccurate at the time of initial account creation, Customer will be billed retroactively for the full duration of the subscription, from the original subscription start date through the correction date.
• Failure to update after unit changes: If Customer added units to the managed community but failed to update the account, Customer will be billed retroactively from the date those units were added, as determined by Atrium based on available documentation, platform data, or Customer’s disclosure.

In addition to retroactive fees, Atrium reserves the right to assess an administrative correction fee. The amount will be communicated to Customer prior to collection. Continued use of the Service following notification of a billing correction constitutes acceptance of the corrected charges.

Intentional or repeated under-reporting of units constitutes a material breach of this Agreement and may result in immediate account termination without refund.

4.5 Cancellation

Customer may cancel their subscription at any time via account settings or by contacting legal@atriumcms.com. Cancellation takes effect at the end of the current billing period. Customer retains access to the Service through the end of the paid period.

4.6 Price Changes

Standard Pricing. Atrium reserves the right to change subscription pricing for standard-tier Customers with at least thirty (30) days written notice to the Customer’s account email address. Price changes take effect at the start of the Customer’s next billing cycle following the notice period. For Customers on an annual billing cycle, the subscription rate in effect at the time of renewal is locked for the duration of that annual term; any price change announced during an active annual term will not apply until the next annual renewal. For Customers on a monthly billing cycle, the new pricing applies at the start of the next monthly billing period following the expiration of the thirty (30) day notice period. Continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing.

Founding Association Pricing. Customers enrolled under the Atrium Founding Association program (“Founding Customers”) are subject to the per-unit rate in effect at the time of their enrollment. This rate shall remain unchanged for the duration of the Customer’s continuous, active subscription, subject to the following:

• (a) Rate Lock. The per-unit subscription rate is locked and will not increase so long as the Customer maintains an active, paid subscription without interruption. Voluntary cancellation, termination for cause under Section 14.2, or account suspension for non-payment exceeding the grace period described in Section 4.3 constitutes an interruption. If a Founding Customer’s subscription is interrupted for any reason, re-enrollment may be subject to standard pricing then in effect.
• (b) Infrastructure Cost Adjustment. In the event of a material and sustained increase in third-party infrastructure costs (including but not limited to cloud hosting, storage, bandwidth, and essential third-party service fees) that exceeds twenty percent (20%) of Atrium’s aggregate infrastructure costs at the time of the Founding Customer’s enrollment, Atrium may adjust the Founding Customer’s per-unit rate proportionally to offset the verified cost increase. Any such adjustment shall require: (i) at least sixty (60) days written notice to the Customer; (ii) documentation of the underlying cost increase made available upon request; and (iii) the adjustment shall not exceed the percentage increase in the applicable infrastructure costs. This provision shall be exercised in good faith and shall not be used as a mechanism for general price increases.
• (c) Scope of Rate Lock. The rate lock applies to the per-unit subscription fee only. Optional add-on services, managed services, and any future services not included in the Customer’s original enrollment are not subject to the founding rate lock and may be priced at Atrium’s then-current rates.
• (d) Program Capacity. The Founding Association program is limited to twenty-five (25) associations. Once capacity is reached, the program is closed to new enrollments. Existing Founding Customers retain their rate lock regardless of program closure.

4.7 Taxes

All fees are exclusive of applicable taxes, levies, or duties of any nature. Customer is solely responsible for determining and paying any applicable taxes arising from its use of the Service. Where Atrium is legally required to collect taxes, they will be added to the invoice.

4.8 Document Credits and Storage Allowances

Credit Allocation. Each subscription plan includes a document credit allowance determined by the Customer’s community size tier at the time of enrollment, as published on the Atrium pricing page. Document credits represent a storage allowance for files uploaded to the platform. Each ten megabytes (10 MB) of file size, or fraction thereof, constitutes one (1) document credit. Individual file uploads may not exceed twenty-five megabytes (25 MB).

No Automatic Overage Charges. Atrium does not assess automatic per-file or per-credit overage charges. If a Customer’s usage approaches or exceeds their credit allowance, Atrium will notify the Customer and work with them to determine an appropriate path forward, which may include:

• A flat-rate storage add-on providing additional credit capacity at a mutually agreed monthly fee; or
• A plan adjustment to a higher community size tier, if applicable.

Atrium will not restrict access to previously uploaded documents due to credit usage, nor will Atrium delete Customer documents without notice solely because a credit allowance has been exceeded. Atrium reserves the right to temporarily restrict new uploads if a Customer’s storage usage materially exceeds their allowance and no resolution has been reached after reasonable notice and good-faith discussion.

Credit Allowance Changes. Atrium reserves the right to modify the credit allowances associated with each community size tier for new enrollments. Founding Customers retain the credit allowance associated with their tier at the time of enrollment unless a change is mutually agreed upon. Any reduction in credit allowances for existing Customers requires at least thirty (30) days written notice.

4.9 Prorated Billing

Upon mutual agreement, Atrium may prorate the initial billing period of a Customer’s subscription to align with a specific renewal date, such as the start of the Customer’s fiscal or calendar year. Prorated amounts are calculated based on the applicable subscription rate and the number of days remaining in the partial billing period.

Any prorated billing arrangement must be documented in an Order Form executed by both parties or confirmed in writing by Atrium prior to the start of the subscription. In the absence of a documented prorated arrangement, standard billing terms under Section 4.2 apply.

Prorated billing applies to the initial billing period only. Subsequent billing periods follow the standard renewal cycle (monthly or annual, as selected) beginning on the agreed-upon renewal date.

7.1 Ownership

Customer retains full ownership of all data, information, and content uploaded to or generated within the Service by Customer or its authorized users (“Customer Data”). Atrium does not claim any ownership rights in Customer Data.

7.2 License to Process

Customer grants Atrium a limited, non-exclusive, worldwide license to access, store, process, and use Customer Data as necessary to: (a) provide, maintain, improve, and support the Service; (b) power AI-assisted features within the Service, including transmitting Customer Data to third-party AI service providers as described in Section 7.6; and (c) fulfill Atrium’s obligations under this Agreement. This license terminates upon deletion of Customer Data in accordance with Section 14.

7.3 Data Handling

Atrium will implement and maintain commercially reasonable technical and organizational measures to protect Customer Data from unauthorized access, disclosure, or loss. Atrium will not sell, rent, or transfer individually identifiable Customer Data or personally identifiable information (“PII”) to third parties for their own commercial purposes. This restriction does not apply to: (a) authorized subprocessors engaged to help deliver the Service — including AI service providers operating under Section 7.6, payment processors, and infrastructure providers — each of whom are required to maintain confidentiality of Customer Data; or (b) the use of aggregated, anonymized, or de-identified data as described in Section 7.7. Full data handling practices are described in the Atrium Privacy Policy, which is incorporated by reference.

7.4 Resident End Users

Residents and other end users who access the Service through a Customer’s community portal are not direct customers of Atrium. Customer is solely responsible for: (a) ensuring that its collection and use of resident data complies with applicable law; (b) obtaining any necessary consents from residents; (c) maintaining appropriate privacy notices; and (d) all activity conducted by residents through the Customer’s account.

7.5 Third-Party Integrations

The Service may integrate with third-party services including but not limited to Stripe and QuickBooks. Atrium is not responsible for the availability, security, or performance of any third-party service. Customer’s use of integrated third-party services is subject to those providers’ own terms and privacy policies. Atrium shall have no liability for any outage, data loss, or failure attributable to a third-party service provider.

7.6 Artificial Intelligence

AI in Service Delivery. Atrium uses artificial intelligence technologies across the Service, including to power customer-facing features such as intelligent assistants, document summarization, automated responses, and other AI-driven functionality made available within the Customer’s community portal. To deliver these features, Customer Data may be transmitted to and processed by third-party AI service providers. By accepting this Agreement, Customer consents to this use of Customer Data as part of the Service.

AI in Platform Development. Atrium uses AI-powered tools in the development, testing, and maintenance of the platform, including AI coding assistants and related developer tooling. These internal development uses do not involve the transmission of production Customer Data to AI systems and are governed by Atrium’s internal security policies.

AI Provider Obligations. Atrium will only engage AI service providers that are contractually bound to: (a) maintain the confidentiality of Customer Data; (b) use Customer Data only to provide the requested AI service and not for any other commercial purpose; and (c) not use Customer Data to train, fine-tune, or improve their AI models without Atrium’s express prior written consent. Atrium does not guarantee that zero data retention is available with all providers. Contact legal@atriumcms.com for questions about specific AI provider data practices.

No AI Training on Customer Data. Atrium will not intentionally use Customer Data to train proprietary AI models without first obtaining the Customer’s written consent. This does not limit Atrium’s use of aggregated, anonymized, or de-identified data for product improvement purposes.

Accuracy of AI Outputs. AI-generated content and outputs within the Service are provided for informational and operational convenience only. Atrium does not warrant the accuracy, completeness, or fitness for purpose of any AI-generated output. Customer is solely responsible for reviewing and verifying any AI-generated content before relying on it for decisions affecting the managed community or its residents.

7.7 Advertising and Platform Monetization

Atrium may display advertisements, sponsored content, and other commercial messaging (collectively, “Ads”) within the Service, including in interfaces accessible to association administrators and community residents. By accepting this Agreement, Customer acknowledges and consents on behalf of itself and its resident end users to the display of Ads within the platform as part of the Service. All advertising revenue generated through the platform is retained exclusively by Atrium. Customer has no claim to any portion of such revenue.

Permitted Advertising Models. Atrium may monetize the platform through the following advertising approaches:

• Sponsored content sold and placed directly by Atrium, where advertisers pay for placement and visibility without receiving any Customer Data or user information;
• Display advertising served through third-party ad networks, where ad delivery may be informed by contextual signals including community type, geographic region, and community size category, but not by individually identifiable user information;
• Atrium-curated advertising targeted by contextual or geographic characteristics of the community (e.g., association type, county, state, approximate size tier), without disclosure of any personally identifiable information to advertisers.

Aggregated Data for Ad Targeting. Atrium may use aggregated, anonymized, or de-identified data derived from platform usage — such as community type distribution, regional engagement patterns, or general feature usage trends — to improve ad targeting, develop audience segments, and support Atrium’s advertising business. This data cannot be used to identify any individual Customer, resident, or user, and is never shared with advertisers in a form that would permit identification of any specific community or person.

Advertiser Relationships. Atrium is solely responsible for its relationships with advertisers. Advertisers are independent third parties and Atrium makes no representations regarding their products, services, or trustworthiness. Atrium is not liable for the content of any third-party advertisement displayed on the platform or for any claims arising from a user’s interaction with advertiser content.

Marketing Communications (Email and SMS). Atrium may send marketing communications — including sponsored promotions, partner offers, and commercial messaging — via email and SMS to users who have opted in to marketing communications. These channels are separate from transactional and operational communications. Transactional communications (including billing notices, account status alerts, subscription renewal reminders, password resets, and association-related operational notifications) will never contain sponsored or commercial advertising content. Users who opt in to marketing communications may receive sponsored promotional emails or SMS messages in addition to product updates and platform news. Users may withdraw consent to marketing communications at any time by using the unsubscribe mechanism included in each marketing email, by replying STOP to any marketing SMS, or by updating communication preferences in account settings. Withdrawal of consent to marketing communications does not affect delivery of transactional communications. Atrium will comply with all applicable requirements of the CAN-SPAM Act with respect to commercial email and will obtain and document express written consent prior to sending any commercial SMS messages as required by the Telephone Consumer Protection Act (TCPA).

Sponsored Blog Content and Email Excerpts. Atrium may publish sponsored content, advertorials, and paid promotions on its blog and other owned media properties. Any blog post or content piece that includes material compensation from a third party will be clearly disclosed as sponsored in accordance with applicable FTC guidelines. Atrium may include links to, summaries of, or excerpts from sponsored blog content within marketing email and SMS communications sent to opted-in users. Users receiving such communications will be able to identify the content as sponsored based on disclosures included in the communication. Atrium does not endorse the products or services of third-party sponsors and makes no warranties regarding third-party sponsor content. Sponsor relationships do not affect editorial control over non-sponsored Atrium content.

9.1 Atrium IP

Atrium and its licensors own and retain all right, title, and interest in and to the Service, including all underlying technology, software, code, algorithms, interfaces, AI models and prompts, designs, trademarks, trade secrets, and all other intellectual property rights therein. No rights are granted to Customer except as expressly set forth in this Agreement.

9.2 Customer IP

Customer retains all right, title, and interest in and to Customer Data. Nothing in this Agreement transfers ownership of Customer Data to Atrium.

9.3 Restrictions

Customer shall not: (a) copy, modify, or create derivative works of the Service; (b) reverse engineer or attempt to derive the source code of the Service; (c) remove or obscure any proprietary notices; or (d) use Atrium’s trademarks or branding without prior written consent.

9.4 Feedback

If Customer or any of its users provide suggestions, ideas, or other feedback regarding the Service (“Feedback”), Customer grants Atrium a perpetual, irrevocable, royalty-free, worldwide license to use and commercialize such Feedback without restriction or compensation. Atrium is under no obligation to implement any Feedback.

9.5 AI-Generated Outputs

The Service may produce AI-generated content, summaries, suggestions, drafts, or other outputs in the course of providing AI-assisted features (“AI Outputs”). AI Outputs generated in response to Customer Data or Customer inputs — such as summaries of community documents or drafted communications — are considered Customer Data and are owned by Customer subject to Section 7.1. AI Outputs that constitute general platform functionality, interface elements, or system-level responses are part of the Service and remain the intellectual property of Atrium. Neither party acquires intellectual property rights in the underlying AI models, weights, or architectures used to generate AI Outputs, which remain the property of the applicable AI service provider.

14.1 Termination by Customer

Customer may terminate this Agreement at any time by cancelling its subscription in accordance with Section 4.4 and providing written notice to legal@atriumcms.com. Termination is effective at the end of the current billing period.

14.2 Termination by Atrium

Atrium may terminate this Agreement or suspend Customer’s access: (a) immediately upon written notice if Customer materially breaches this Agreement and fails to cure within ten (10) days of notice; (b) immediately for non-payment as described in Section 4.3; (c) immediately if Customer poses a security risk or legal liability; or (d) for any reason upon thirty (30) days written notice.

14.3 Effect of Termination

Upon termination: (a) all licenses granted to Customer terminate immediately; (b) Customer loses access to the Service; and (c) Atrium will retain Customer Data for thirty (30) days (the “Export Window”), during which Customer may request an export by contacting legal@atriumcms.com. Following the Export Window, Atrium will delete Customer Data in accordance with its data retention policies, except as required by law.

Sections 1, 7.2, 8, 9, 11, 12, 13, 16, and 17 shall survive termination of this Agreement.

16.1 Informal Resolution

Before initiating any formal proceeding, both parties agree to attempt to resolve any dispute, claim, or controversy (“Dispute”) through good-faith negotiation for thirty (30) days following written notice describing the Dispute.

16.2 Arbitration for Claims Under $25,000

If informal resolution is unsuccessful, any Dispute involving a claim of less than twenty-five thousand dollars ($25,000) shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator and may be conducted remotely. The arbitrator’s decision shall be final and binding. Each party shall bear its own costs unless the arbitrator awards otherwise.

16.3 Court Proceedings for Larger Claims

Any Dispute involving a claim of $25,000 or more, or any claim seeking injunctive or equitable relief, shall be resolved exclusively in the state or federal courts located in Bay County, Florida. Both parties irrevocably submit to the personal jurisdiction of such courts.

16.4 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

16.5 Class Action Waiver

19.1 Entire Agreement

This Agreement, together with any applicable Order Forms and the Atrium Privacy Policy, constitutes the entire agreement between the parties and supersedes all prior agreements, representations, and understandings.

19.2 Severability

If any provision of this Agreement is found unenforceable, that provision shall be limited to the minimum extent necessary so that the remainder of this Agreement remains in full force and effect.

19.3 Waiver

Atrium’s failure to enforce any right or provision shall not constitute a waiver. Any waiver must be in writing signed by an authorized representative of Atrium.

19.4 Assignment

Customer may not assign or transfer this Agreement without Atrium’s prior written consent. Atrium may freely assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets.

19.5 Force Majeure

Neither party shall be liable for any failure or delay caused by circumstances beyond its reasonable control, including acts of God, government actions, or internet infrastructure failures, provided the affected party gives prompt written notice and uses reasonable efforts to resume performance.

19.6 No Third-Party Beneficiaries

This Agreement is for the sole benefit of the parties hereto. Nothing in this Agreement creates any rights or benefits in any third party, including residents of any Customer community.

19.7 Headings

Section headings are for convenience only and shall not affect the interpretation of any provision.