Last Updated: April 6, 2026 | Effective Date: April 6, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "User," or "you") and AtmosAI, Inc., doing business as Marketing Titan ("AtmosAI," "Company," "we," "us," or "our"). AtmosAI, Inc. is the parent entity and operator of Lead Titan AI and its related products, including Marketing Titan and IT Titan. By accessing or using Lead Titan AI (the "Service"), you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Service.
If you use the Service on behalf of a legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity throughout these Terms.
BY CHECKING THE TERMS OF SERVICE BOX AT SIGNUP AND USING THE SERVICE, YOU EXPLICITLY ACKNOWLEDGE YOUR TCPA, CAN-SPAM, GDPR, CCPA, AND ALL OTHER APPLICABLE LEGAL COMPLIANCE OBLIGATIONS AS SET FORTH HEREIN.
Lead Titan AI is a B2B sales and marketing platform operated by AtmosAI, Inc. offering:
Telecommunications infrastructure (voice, SMS, and phone number provisioning) is provided through AtmosAI's established ISV/reseller relationship with third-party telecommunications providers.
The Service supports integrations with third-party platforms including, but not limited to, CRM systems, calendar and scheduling tools, email inbox and delivery providers, telecommunications infrastructure providers, and professional social networks. The availability of specific integrations may change over time at AtmosAI's discretion.
By connecting a third-party platform to the Service, you:
When integrations are active, data — including contact records, email content, calendar events, call logs, CRM activity, and outreach metrics — may be transmitted between the Service and connected third-party platforms. You are responsible for ensuring this data flow complies with applicable privacy laws and the terms of service of each connected platform.
When you connect a CRM platform, the Service may sync lead and contact data, log outreach activity, update deal or pipeline records, and write call and sequence outcomes back to the CRM. You are responsible for ensuring that CRM data processed through the Service complies with applicable privacy laws, including GDPR lawful basis requirements for any data pertaining to individuals in the EEA or UK.
When you connect a calendar or scheduling platform, the Service may read availability, create and manage calendar events, and facilitate meeting booking as part of outreach and follow-up automation. You are responsible for ensuring that calendar integrations do not expose protected personal data of third parties without a lawful basis for processing.
When you connect an email account or configure email delivery infrastructure through the Service, outbound emails are transmitted through your authorized email provider or AtmosAI's contracted email delivery infrastructure provider. You are responsible for all email content transmitted through the Service and for compliance with CAN-SPAM, GDPR, CASL, and all other applicable email regulations. AtmosAI's email delivery infrastructure providers process email on our behalf under data processing agreements and are not responsible for your compliance with applicable email laws.
Voice calls, SMS, and phone number provisioning are facilitated through third-party telecommunications infrastructure providers with whom AtmosAI maintains an ISV/reseller relationship. By using telephony and SMS features, you agree to the acceptable use policies of AtmosAI's telecommunications providers, which are incorporated herein by reference. You may not use provisioned phone numbers to misrepresent the origin of calls, falsify caller ID, or engage in any prohibited conduct under the Truth in Caller ID Act or applicable carrier policies.
AtmosAI is not responsible for the functionality, data practices, availability, or legal compliance of any third-party platform you integrate with. Your use of connected platforms is governed solely by those platforms' own terms of service and privacy policies. AtmosAI is not liable for any loss, damage, or legal liability arising from a third-party platform's actions, outages, data breaches, or policy changes. You are solely responsible for reviewing and agreeing to the terms of any platform you connect.
AtmosAI does not guarantee the availability, continued support, or uninterrupted operation of any specific third-party integration. Integrations may be modified, suspended, or discontinued at any time due to changes in third-party platform APIs, policies, or our business relationships. AtmosAI will use commercially reasonable efforts to notify users of material integration changes in advance.
USE OF THE AI CALLER, SMS OUTREACH, OR ANY AUTOMATED OR AI-GENERATED MESSAGING FEATURE, WHETHER DIRECTLY OR THROUGH A CONNECTED INTEGRATION, CONSTITUTES YOUR EXPLICIT ACKNOWLEDGMENT OF AND AGREEMENT TO THE FOLLOWING OBLIGATIONS:
You represent, warrant, and covenant that before using the Service — or any integration therewith — to place any call using an AI-generated voice, automated telephone dialing system, or pre-recorded message, or to send any automated SMS or text message to any person, you have obtained valid prior express written consent from that person as required by the TCPA (47 U.S.C. § 227), FCC regulations, and applicable state law. This obligation applies to all phone numbers, including business mobile numbers, regardless of whether the outreach is characterized as B2B or B2C.
Pursuant to the FCC's 2024 declaratory ruling, the use of AI-generated voices in telephone calls constitutes use of an artificial or prerecorded voice under the TCPA and requires prior express written consent from the called party, separate from and in addition to any general autodialer consent. You are solely responsible for obtaining, documenting, and retaining records of this consent. AtmosAI bears no liability for TCPA violations arising from your failure to obtain required consent.
You must not use numbers provisioned through the Service to misrepresent the origin of calls, falsify caller ID information, or engage in caller ID spoofing. Violation of the Truth in Caller ID Act (47 U.S.C. § 227(e)) is grounds for immediate account termination and potential regulatory referral.
If you enable call recording, you are solely responsible for compliance with all applicable federal and state call recording laws. Two-party or all-party consent is required in numerous states, including California, Florida, Illinois, Maryland, Massachusetts, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington. AtmosAI is not liable for recording-related violations arising from your configuration choices.
You are responsible for configuring the AI Caller to comply with any applicable requirement to disclose that the caller is an AI or automated system. AtmosAI recommends including an AI identification disclosure at the start of every AI-initiated call as a best practice regardless of jurisdiction.
You must maintain complete, accurate, and contemporaneous records of all consents obtained for calls, texts, and AI-generated voice communications. Records must be retained for a minimum of 5 years and made available upon request by AtmosAI, regulatory agencies, or in legal proceedings.
All commercial email sent through the Service or through a connected email provider or delivery integration must comply with the CAN-SPAM Act, and where applicable, GDPR, CASL, and CCPA. You must:
Use of professional network or social platform outreach features must comply with those platforms' terms of service and community policies. Automated or bulk outreach that exceeds platform-defined limits or violates platform policies is prohibited. AtmosAI is not responsible for account restrictions, suspensions, or legal actions taken by third-party platforms as a result of your outreach activity through connected integrations.
The following use cases require prior written approval from AtmosAI before using the Service and may be denied at AtmosAI's sole discretion:
The following use cases are categorically prohibited:
You agree not to use the Service, or any connected integration, to:
AtmosAI provisions phone numbers on your behalf through its ISV/reseller relationship with its telecommunications provider. By accepting these Terms:
AtmosAI makes an application programming interface ("API") available to users on eligible plans through the Service. API access allows you to programmatically interact with certain Service features and data, including lead search, contact data retrieval, outreach automation, and platform integrations. API availability, functionality, and rate limits are subject to change at AtmosAI's discretion with reasonable notice where practicable.
You may use the API solely for lawful purposes consistent with these Terms, including to build internal tools, automate workflows, and integrate Service features into your own business systems. All API use is subject to the same TCPA, CAN-SPAM, GDPR, CCPA, and other compliance obligations that apply to direct use of the Service. API access does not create any exception to or exemption from your legal compliance obligations.
You may not use the API to:
API usage is subject to rate limits and quotas based on your subscription plan as published in the Service documentation. AtmosAI reserves the right to throttle, suspend, or terminate API access for accounts that exceed applicable limits or that place excessive load on Service infrastructure. AtmosAI is not liable for any loss or disruption resulting from rate limiting or API throttling.
AtmosAI does not guarantee uninterrupted or error-free API availability. The API is provided on an "as is" and "as available" basis. AtmosAI may modify, deprecate, or discontinue API endpoints or versions with reasonable advance notice where practicable. AtmosAI recommends against building mission-critical workflows that depend solely on API availability without appropriate fallback handling.
Data retrieved through the API is subject to the same use restrictions as data accessed through the platform interface. You may not use API-retrieved data for any purpose that would violate these Terms, applicable law, or the rights of any individual or entity. AtmosAI retains all rights in and to the data made accessible through the API.
The Service is not a HIPAA Business Associate by default. If you are a covered entity or business associate subject to HIPAA and wish to use the Service — including through connected CRM, email, calendar, or telephony integrations — in connection with PHI, you must execute a Business Associate Agreement with AtmosAI prior to any such use. Unauthorized use of the Service with PHI is a material breach of these Terms and grounds for immediate termination. Contact legal@marketingtitan.ai to initiate a BAA.
AtmosAI does not guarantee the accuracy, completeness, recency, or fitness for any particular purpose of any data provided through the Service, including data synced through third-party integrations. You are solely responsible for:
All content, technology, features, trademarks, and functionality of the Service are owned by AtmosAI, Inc. and protected by applicable intellectual property laws. AtmosAI grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes in accordance with these Terms. You may not copy, modify, distribute, sell, sublicense, or create derivative works from any part of the Service without prior written consent.
If you provide AtmosAI with suggestions, bug reports, feature requests, or other feedback, you grant AtmosAI a perpetual, irrevocable, royalty-free, worldwide license to use, incorporate, and exploit that feedback without obligation or compensation.
You agree to indemnify, defend, and hold harmless AtmosAI, Inc., its affiliates (including Marketing Titan and IT Titan), officers, directors, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
This indemnification obligation survives termination of your account and these Terms.
THE SERVICE, INCLUDING ALL INTEGRATIONS WITH THIRD-PARTY PLATFORMS, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ATMOSAI DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ATMOSAI DOES NOT WARRANT THAT THE SERVICE OR ANY INTEGRATION WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. ATMOSAI IS NOT RESPONSIBLE FOR THE AVAILABILITY, ACCURACY, OR CONDUCT OF ANY THIRD-PARTY PLATFORM INTEGRATED WITH THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ATMOSAI, INC. AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, WHETHER ARISING FROM YOUR USE OF THE SERVICE, ANY CONNECTED INTEGRATION, OR ANY THIRD-PARTY PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID ATMOSAI IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
Some jurisdictions do not allow certain limitations of liability. To the extent such limitations are not permitted, AtmosAI's liability shall be limited to the maximum extent permitted by law.
AtmosAI shall not be liable for any delay or failure to perform its obligations to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemic, governmental action, war, terrorism, telecommunications failures, power outages, or third-party provider outages (including telecommunications providers, email delivery providers, cloud infrastructure providers, or any other integration partner). AtmosAI will use commercially reasonable efforts to resume performance as soon as practicable.
AtmosAI targets high availability but does not guarantee any specific uptime, service level, or uninterrupted access. Planned and unplanned maintenance may cause temporary interruptions. Third-party integration availability depends on those providers' own uptime and is outside AtmosAI's control. AtmosAI is not liable for losses arising from service or integration unavailability.
Beta, preview, or early access features are provided "as is" without warranty or support commitments and may be modified or discontinued at any time without notice. Users should not rely on beta features for production workflows.
The Service may not be used by individuals or entities subject to comprehensive U.S. economic sanctions administered by OFAC. By using the Service, you represent that you are not located in, organized under the laws of, or subject to the jurisdiction of any sanctioned country or region, and that you are not listed on any U.S. government prohibited parties list.
AtmosAI may suspend or terminate your access at any time, with or without notice, for:
Upon termination, your license and integration access cease immediately. Sections 6, 7, 8, 11, 16, 17, 18, 19, 24, and 25 survive termination.
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions.
Before initiating arbitration or litigation, the parties agree to attempt informal resolution in good faith by providing written notice of the dispute. The parties will have 30 days from the notice date to attempt resolution informally.
Any dispute not resolved informally shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules. Arbitration shall be conducted in Sheridan, Wyoming or via videoconference. The arbitrator's decision shall be final and binding. Either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction pending arbitration.
YOU AND ATMOSAI AGREE THAT EACH PARTY MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.
These Terms, together with the Privacy Policy and any applicable Order Forms or addenda, constitute the entire agreement between you and AtmosAI regarding the Service and supersede all prior agreements and understandings.
If any provision of these Terms is found unenforceable, that provision shall be limited to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
AtmosAI's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
You may not assign or transfer these Terms without AtmosAI's prior written consent. AtmosAI may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
Notices to you will be sent to the email address on your account or posted prominently in the Service. Notices to AtmosAI must be sent to legal@marketingtitan.ai.
AtmosAI may modify these Terms at any time. Material changes will be communicated via email and in-app notice no fewer than 14 days before taking effect. Continued use after the effective date constitutes acceptance.
AtmosAI, Inc. dba Marketing Titan
Legal: legal@marketingtitan.ai
Privacy / Compliance: privacy@marketingtitan.ai