TERMS AND CONDITIONS FOR ATOPIA’S SELF SERVE PLATFORM
Effective Date: 14.04.2025
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User")
and Atopia Space GmbH ("Atopia," "we," "our," or "**us"), organized under the laws of MUNICH,
Germany, with registered offices at Erzgießereistraße 19, 80335 Munich, Germany, governing your
use of the Atopia self-service software platform (the "Platform").
By accessing, registering for, or using the Platform in any capacity, you agree to be legally bound by
these Terms. If you do not agree to these Terms, you may not use the Platform.
Overview of Atopia: Atopia provides an online tool that enables creators to design 3D virtual gallery
spaces through a drag-and-drop interface. Users can create and customize as many gallery designs as
they like using provided templates and tools, and upload their own content (e.g. images, 3D models) to
populate the galleries. To publish a gallery live (making it publicly accessible via the internet and in
VR, and allowing it to be shared or embedded on other sites), the User must pay the applicable fee.
Each published gallery space (“Live Gallery”) can be viewed and shared by others, and may be
considered for featuring by Atopia’s curatorial team (e.g. inclusion on Atopia’s website homepage,
featured sections, or special VR exhibitions). The Service includes different tiers or plans which may
offer varying levels of features, as described on our website or app. Atopia reserves the right to modify
or discontinue any part of the Service, or to change which features are offered in which tier.
1. Scope of Services
1.1 The Platform provides Users—including, but not limited to, artists, curators, creatives, and
collectors—with tools to design, configure, and publish virtual exhibition spaces ("Virtual Galleries")
using Atopia’s proprietary drag-and-drop interface and design templates.
1.2 Users may register for free, create an unlimited number of draft galleries, and preview experiences.
A subscription fee is charged when a User elects to publish a Virtual Gallery live (each, a "Live
Gallery").
1.3 The publication of a gallery as a Live Gallery enables the following functionalities: (a) public
accessibility via web or VR; (b) the ability to share or embed the Gallery on external websites; (c)
eligibility for consideration by Atopia’s curatorial team for prominent placement on Atopia's platform,
including web and VR showcases.
1.4 The applicable subscription fee is charged per Live Gallery, not per user account. If a User
publishes and maintains multiple Live Galleries, a separate subscription applies to each.
1.5 Atopia’s curatorial team reserves the full and exclusive right to determine, at its sole discretion and
without obligation to provide justification, whether any content is approved for display on the
Platform or for prominent placement. Criteria may include, but are not limited to, violations of
intellectual property rights, inappropriate or harassing content, poor quality, or content inconsistent
with the Platform’s curatorial standards.
2. Intellectual Property and Licensing
2.1 User Content. (a) "User Content" means any material you upload, submit, post, or otherwise make
available on the Platform, including but not limited to images, text, multimedia files, audio, video, 3D
assets, and curated gallery configurations. (b) Users retain all intellectual property rights in their User
Content. Atopia does not claim ownership of any User Content submitted through the Platform.
2.2 License to Atopia. By publishing a Live Gallery, you grant Atopia a non-exclusive, worldwide,
royalty-free, sublicensable, and transferable license to host, display, publicly perform, distribute, and
adapt the User Content for the following purposes: (i) providing and improving the Platform; (ii)
enabling sharing and embedding features; (iii) marketing, PR, and other promotional uses during the
time the Live Gallery remains published; (iv) storing content for archival purposes after deactivation,
and maintaining previously published promotional material containing such content.
2.3 Post-Unpublishing Use. Once a Gallery is unpublished: (a) Atopia shall not engage in any new
promotional use of such content without your express written consent; (b) Atopia may retain
previously created promotional media (e.g., social media posts, press screenshots).
2.4 Mutual Promotion Rights. While a Gallery remains live, both Atopia and the User have the right
to publicly refer to and share the Live Gallery for marketing or press purposes.
2.5 Platform IP. All rights, title, and interest in the Platform, including but not limited to its
underlying software, templates, VR environments, interfaces, layout, and any associated branding, are
and remain the sole property of Atopia and/or its licensors. Users are granted a limited, non-
transferable, non-sublicensable, non-exclusive license to use the Platform solely in accordance with
these Terms.
2.6 f. Feedback. If you provide Atopia with any suggestions, ideas, feedback, or recommendations on
improving the Service (“Feedback”), we will be free to use, modify, and incorporate such Feedback
without any obligation to you. You agree that any Feedback you submit is non-confidential and given
voluntarily, and you grant Atopia a perpetual, irrevocable, free license to use it as we see fit.
3. User Responsibilities and Conduct
3.1 You are solely responsible for ensuring that you have obtained all necessary rights, licenses,
permissions, and consents for any User Content uploaded to or published through the Platform.
3.2 By submitting content, you warrant that such content: (a) does not infringe the intellectual
property, moral, privacy, or publicity rights of any third party; (b) does not contain harmful, offensive,
defamatory, or unlawful material; (c) complies with all applicable laws and regulations; (d) is free
from viruses, malware, or any code that could damage or interfere with the Platform.
3.3 Users may not:
• use the Platform to distribute unsolicited communications or spam;
2• reverse engineer, decompile, or attempt to extract source code from the Platform;
• circumvent any access or usage restrictions;
• misrepresent their identity or affiliation.
3.4 Atopia reserves the right to remove, restrict, or suspend access to any User Content or account that
violates these Terms.
3.5 You agree to use the Platform in a respectful and lawful manner. When creating galleries or
otherwise using the Service, you must not:
• Upload or share content that violates any law or regulation, including but not limited to
copyright, trademark, or other intellectual property laws, privacy rights, or any contractual
obligations. You are solely responsible for ensuring you have all necessary rights
(licenses, consents, permissions) to all content you upload – for example, you must only use
images, music, or videos that you own or have the legal right to use in your gallery.
• Post any content that is obscene, pornographic, excessively violent, defamatory, libelous,
harassing, hateful, discriminatory, or otherwise offensive or objectionable. This includes
content that promotes violence or hatred against individuals or groups, or that constitutes hate
speech or harassment.
• Post content that is infringing (unauthorized use of someone else’s work), pirated, or that
violates any party’s rights of privacy or publicity.
• Include any malware, viruses, or malicious code in your uploads, or otherwise attempt to
interfere with the operation of the Platform or other users’ access to it.
• Engage in any activity that exploits, harms, or threatens to harm minors (or anyone) or that
solicits personal information from others in an illegal manner.
• Use the Service for any fraudulent or misleading purposes, or impersonate any person or
entity.
• Circumvent or attempt to circumvent any security or access controls of the Platform, or probe
or test the vulnerability of our systems.
3.6 Atopia reserves the right (but has no obligation) to monitor User Content and conduct on the
Platform. We may remove, delete, un-publish, or disable access to any User Content at any time
at our sole discretion, with or without notice to you, if we determine that it violates these Terms,
infringes someone’s rights, or for any other reason. This includes the right to take down galleries that
we deem unsuitable for our public platform or that come to our attention as potentially problematic.
Atopia’s curatorial team additionally has complete discretion in selecting galleries for official
featuring on our site or in VR events—being featured is not guaranteed and is not a right, and we
may refuse to feature or may withdraw a feature for any reason (such as concerns about IP ownership,
quality standards, inappropriate content, or any other reason we consider sufficient).
You understand that publishing your content on a public platform carries the risk that it may be
viewed or shared by others. Atopia is not liable for how third parties may use your content if you
have made it publicly available through our Service. Nonetheless, if you believe another user is
misusing your content or violating your rights (for example, someone copied your gallery or uploaded
content that infringes your copyright), please contact us at hello@atopia.com to report it. We have
policies in place to address such issues. Atopia will make good-faith efforts to investigate and address
reported violations, but makes no guarantee that all inappropriate content will be caught or removed.
4. Fees and Payments
4.1 Publishing a Gallery as a Live Gallery requires payment of a subscription fee per published
Gallery. Fees and tier structures are described on the Platform and may be updated at any time.
4.2 Payments are processed via Stripe, Inc. Users agree to be bound by Stripe’s Terms of Service and
Privacy Policy. Atopia does not store any sensitive payment information.
4.3 Subscriptions renew automatically at the end of each billing cycle unless canceled prior to renewal.
Users may cancel via account settings. Cancellation terminates the subscription at the end of the
current billing period.
4.4 No refunds shall be provided for unused periods, early terminations, or partial use, except where
required by law. EU consumers explicitly waive their 14-day statutory withdrawal right by activating
Live Gallery services immediately upon payment.
5. Tiered Features and Modifications
5.1 Atopia may offer multiple subscription tiers with varying features. Access to certain functionalities
may depend on your chosen plan.
5.2 Atopia reserves the right to modify, enhance, or discontinue any service feature, subscription tier,
or functionality at its sole discretion.
5.3 Placement, featuring, or promotion of a Gallery on the Platform or VR environments is not
guaranteed and remains within the sole discretion of Atopia’s curatorial team.
5.4 If Atopia offers multiple plans or add-on features (for example, paying for additional gallery slots
or premium templates), any upgrade fees or changes in plan will be explained at the time of
selection. Changing plans might trigger a pro-rated charge or new billing schedule, which will be
made clear to you. We reserve the right to adjust pricing for our services or any components thereof in
any manner and at any time. If we increase the price of a subscription or introduce new fees, we will
provide advance notice to existing subscribers and such changes will apply only from the next
renewal. If you do not agree with a price change, your subscription will be cancelled before the new
rate takes effect.
5.5 You acknowledge that the Platform is an evolving product. While we will try to inform users of
major changes (for example, significant feature removals or upcoming maintenance downtime),
Atopia has no obligation to continue providing any feature or aspect of the Service for any minimum
period, unless such continuity is explicitly promised in a separate Service Level Agreement or
mandatory by law.
5.6 Atopia also has sole discretion over the layout and structure of its website and VR spaces. We may
organize galleries into sections (e.g. categories, newest, featured) and determine which galleries
appear on the homepage or other high-visibility areas. Using the Service does not guarantee any
4particular level of exposure. We might feature some galleries in promotional spots while others are
only accessible via direct link or search. By using the Service, you understand that these decisions are
up to Atopia, and we may change how and where content appears.
6. Data Privacy and Protection
6.1 Atopia collects and processes personal data in accordance with the General Data Protection
Regulation (GDPR). For full details, refer to our Privacy Policy.
6.2 By using the Platform, you consent to the collection, processing, and storage of your data,
including data transfers to jurisdictions outside your own, where applicable safeguards are in place.
6.3 Users uploading third-party personal data (e.g., portraits, identifiable likenesses) are fully
responsible for ensuring that such data use is lawful and that all necessary permissions have been
obtained.
6.4 Atopia may provide tools or settings to control privacy to Users (for instance, making a gallery
unlisted or private within certain groups), and it’s your responsibility to use these settings as needed.
Note, however, that by default a published gallery is public.
7. Warranties and Disclaimers
7.1 The Platform is provided "AS IS" and "AS AVAILABLE," without warranties of any kind, either
express or implied, including but not limited to merchantability, fitness for a particular purpose, and
non-infringement.
7.2 Atopia does not warrant that: (a) the Platform will operate uninterrupted or error-free; (b) the
content or output generated will meet specific requirements; (c) errors will be corrected. While we
hope to provide a great and reliable service, things like unforeseen bugs, maintenance downtime, or
network issues can occur.
8. Limitation of Liability
8.1 To the maximum extent permitted by applicable law, Atopia shall not be liable for any indirect,
incidental, consequential, special, exemplary, or punitive damages, including loss of profits, goodwill,
data, or use, arising from or related to the use of the Platform.
8.2 Atopia’s total aggregate liability under these Terms shall not exceed the total amount paid by the
User to Atopia during the twelve (12) months preceding the event giving rise to the claim.
8.3 Nothing in these Terms excludes or limits liability where such exclusion or limitation is not
permissible under applicable law, including liability for death or personal injury caused by negligence
or for fraud.
9. Indemnification
9.1 You agree to indemnify, defend, and hold harmless Atopia, its parent entity, subsidiaries, affiliates,
and their respective officers, directors, employees, contractors, and agents (collectively, the
“Indemnified Parties”) from and against any and all third-party claims, demands, actions, proceedings,
liabilities, damages, losses, judgments, settlements, penalties, costs, and expenses (including
reasonable attorneys’ fees and other legal expenses) arising out of or related to:
(a) your breach of these Terms, including any warranty, representation, or obligation contained herein;
(b) your User Content, including any actual or alleged infringement, misappropriation, or violation of
intellectual property rights, privacy rights, publicity rights, or other rights of any third party;
(c) your use of the Platform in a manner not authorized by these Terms;
(d) your violation of any applicable law, regulation, or third-party right.
9.2 Atopia reserves the right, at its own cost and in its sole discretion, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you. You agree to cooperate fully in
the defense of such claims. This indemnification obligation shall survive the termination or expiration
of these Terms and your use of the Platform.
10. Governing Law and Jurisdiction
10.1 These Terms shall be governed by and construed in accordance with the laws of Munich,
GERMANY, without regard to conflict of laws provisions.
10.2 Where legally permitted, any dispute arising from or related to these Terms shall be subject to the
exclusive jurisdiction of the courts located in Munich, GERMANY, without prejudice to any
mandatory consumer rights.
10.3 To the maximum extent permitted by law, in no event will Atopia or its affiliates, officers,
employees, agents, or partners be liable to you for any indirect, incidental, special, consequential, or
punitive damages, or any loss of profits, revenues, data, goodwill, or other intangible losses, arising
out of or related to your use of (or inability to use) the Platform or the content therein.To the extent we
may be liable for any damages notwithstanding the foregoing exclusion, our total cumulative
liability to you for all claims arising from or related to the Service or these Terms shall not exceed
the total amount of fees you have paid to Atopia in the twelve (12) months immediately
preceding the event giving rise to the liability (or, if you have not paid any fees, $100 USD).
11. Termination
611.1 Users may terminate their account at any time via account settings. Upon termination, all Live
Galleries will be unpublished.
11.2 Atopia may suspend or terminate User access at any time and without liability if: (a) the User
breaches these Terms; (b) legal obligations require such action; (c) continued use causes harm to the
Platform or its community.
12. Amendments
Atopia reserves the right to amend these Terms at any time. Users will be notified of material changes
in advance via email or in-platform notice. Continued use of the Platform after such notice constitutes
acceptance of the updated Terms.
13. Miscellaneous
13.1 These Terms constitute the entire agreement between the parties and supersede all prior
understandings.
13.2 If any provision is held invalid, the remaining provisions remain in full force and effect.
13.3 No waiver of any term shall be deemed a continuing waiver unless expressly stated.
13.4 Users may not assign or transfer their rights without Atopia’s prior written consent. Atopia may
assign these Terms as part of a merger or acquisition.
13.5 Nothing herein creates any agency, partnership, joint venture, or employment relationship.
For all inquiries, please contact: hello@atopia.com
End of Terms and Conditions
Thank you for reading these Terms. By using Atopia’s Self Serve Platform, you’re agreeing to these
conditions which are designed to foster a fair and creative environment for everyone. If you have any
questions or concerns about these Terms, please contact us before using the Service.
Happy creating on Atopia!
