Terms

Terms of Service

Last updated: February 10, 2026

Please read these Terms of Service ("Terms") carefully before using the Atlas ABS platform. By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using Atlas ABS ("Platform," "Service," "we," "our," or "us"), you agree to these Terms of Service and our Privacy Policy. If you are using the Platform on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access or use the Platform.

2. Description of Service

Atlas ABS is a post-close servicing platform for structured finance that provides:

  • Secure collection and verification of payment credentials (wire instructions)
  • Transaction record-keeping and audit trails
  • Investor verification workflows
  • Role-based collaboration between trustees, servicers, sponsors, and investors
  • Notification services including email, in-app, and SMS alerts

2.1 Important Limitations

The Platform does NOT:

  • Execute, initiate, route, approve, or settle payments
  • Hold, transmit, or custody funds
  • Act as a bank, financial institution, or money transmitter
  • Provide legal, financial, or investment advice
  • Guarantee the accuracy or validity of user-provided information

All payment execution occurs outside the Platform through your existing banking relationships. The Platform serves as a verification and record-keeping layer only.

3. Account Registration and Security

3.1 Account Creation

To use the Platform, you must create an account by providing accurate and complete information. You may register through an invitation from an existing user or by requesting access through our self-registration process.

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access or security breach
  • Ensuring that your contact information remains current

4. Acceptable Use

You agree NOT to:

  • Provide false, misleading, or fraudulent information
  • Use the Platform for any illegal purpose or to violate any laws
  • Attempt to gain unauthorized access to any part of the Platform
  • Interfere with or disrupt the Platform's operation
  • Reverse engineer, decompile, or disassemble any part of the Platform
  • Use automated systems (bots, scrapers) to access the Platform without permission
  • Share your account credentials with others
  • Circumvent any security measures or access controls

5. Payment Credential Verification

5.1 User Responsibility

You are solely responsible for the accuracy and completeness of any payment credentials you submit. You represent and warrant that:

  • You have authority to submit credentials on behalf of your organization
  • The information provided is accurate and current
  • You will promptly update any information that changes

5.2 Verification Process

Payment credentials are subject to a two-party verification process. The Platform facilitates this verification but does not guarantee that verified credentials are error-free. Users must independently verify credentials before executing payments.

6. SMS Terms

By opting in to SMS notifications:

  • You consent to receive automated text messages at the phone number you provide
  • You confirm that you are the account holder or have authorization to receive messages at that number
  • You understand that message and data rates may apply
  • You can opt out at any time by disabling SMS in your notification settings

SMS messages may include: credential verification alerts, payment cutoff reminders, and phone verification codes. Message frequency varies based on platform activity.

7. Intellectual Property

The Platform, including its design, features, content, and underlying technology, is owned by Atlas ABS and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Platform in accordance with these Terms.

You retain ownership of any data you submit to the Platform. By submitting data, you grant us a license to use, store, and process that data as necessary to provide the Service.

8. Confidentiality

You agree to maintain the confidentiality of any non-public information accessed through the Platform, including:

  • Payment credentials of other users
  • Transaction details and financial information
  • Project-specific data and documents

This obligation survives termination of your account.

9. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY, RELIABILITY, OR COMPLETENESS OF DATA
  • UNINTERRUPTED OR ERROR-FREE OPERATION

We do not warrant that the Platform will meet your requirements or that any errors will be corrected.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATLAS ABS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES
  • DAMAGES ARISING FROM PAYMENT ERRORS, MISDIRECTED FUNDS, OR FRAUD
  • DAMAGES EXCEEDING THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM

This limitation applies regardless of the theory of liability, even if we have been advised of the possibility of such damages.

11. Indemnification

You agree to indemnify and hold harmless Atlas ABS and its affiliates from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

  • Your violation of these Terms
  • Your use of the Platform
  • Any data or content you submit
  • Your violation of any third-party rights

12. Termination

We may suspend or terminate your access to the Platform at any time, with or without cause, with or without notice. Upon termination:

  • Your right to use the Platform ceases immediately
  • Provisions that by their nature should survive (confidentiality, limitation of liability, indemnification) will remain in effect
  • We may retain your data as required by law or for legitimate business purposes

13. Modifications to Terms

We may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms and updating the "Last Updated" date. Your continued use of the Platform after changes constitutes acceptance of the modified Terms.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Platform shall be resolved in the state or federal courts located in Travis County, Texas.

15. General Provisions

  • Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Atlas ABS.
  • Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
  • Waiver: Our failure to enforce any right does not constitute a waiver of that right.
  • Assignment: You may not assign these Terms without our consent. We may assign our rights and obligations without restriction.

16. Contact Us

If you have questions about these Terms, please contact us:

Atlas Capital Infrastructure LLC
Email: legal@atlasci.io