Legal: Terms and Conditions

Terms and Conditions for Atomiq Technologies Pty Ltd:  These Terms and Conditions ("Terms") govern your use of the services provided by Atomiq Technologies ("we," "us," or "our"), including but not limited to the AgencyIQ application and any related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services.

1. Limitation of LiabilityTo the maximum extent permitted by law, Atomiq Technologies, its affiliates, and its third-party service providers (including but not limited to Amazon Web Services and Replit) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of the Services. This includes, but is not limited to, damages resulting from:

• Service interruptions, downtime, or unavailability;
• Loss, corruption, or unauthorized access to data;
• Errors, bugs, viruses, or other defects in the Services;
• Your use of or reliance on third-party services integrated with the Services.

Our total liability to you for any claim arising from these Terms or your use of the Services is limited to the amount you paid us for the Services in the six (6) months preceding the claim. This limitation applies regardless of the legal theory under which the claim is brought (e.g., contract, tort, or otherwise).2. Disclaimer of WarrantiesThe Services are provided "as is" and "as available" without any warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties that the Services will meet your requirements or expectations;
• Warranties that the Services will be uninterrupted, timely, secure, or error-free;
• Warranties regarding the accuracy, reliability, or completeness of any content or results obtained through the Services.

You acknowledge that the Services rely on internet connectivity and cloud-based infrastructure, which may be subject to limitations, delays, and other issues beyond our control. We do not guarantee the performance or availability of the Services and are not responsible for any such issues.3. User ResponsibilitiesYou agree to:

• Compliance: Use the Services in compliance with all applicable laws, regulations, and these Terms.
• Account Security: Maintain the confidentiality of your account credentials (e.g., usernames, passwords, SMTP credentials) and be solely responsible for all activities that occur under your account.
• Accurate Information: Provide accurate, current, and complete information when registering for or using the Services.
• Notification: Promptly notify us of any unauthorized use of your account or any other security breach.
• Proper Use: Use the Services only for their intended purpose and not engage in any activity that interferes with, disrupts, or harms the Services or other users.

You are responsible for any content you create, upload, or share through the Services, including ensuring that it does not infringe on third-party rights or violate applicable laws.4. Intellectual PropertyAll intellectual property rights in the Services, including but not limited to software, code, designs, trademarks, and documentation, are owned by Atomiq Technologies or its licensors. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services solely for their intended purpose, subject to these Terms. You may not:

• Copy, modify, distribute, sell, or create derivative works from any part of the Services;
• Reverse engineer, decompile, or disassemble the Services, except as permitted by law;
• Remove or alter any proprietary notices or labels on the Services.

Any feedback, suggestions, or ideas you provide about the Services may be used by us without obligation to you, and you grant us a perpetual, royalty-free, worldwide license to use such feedback for any purpose.5. Data Handling and PrivacyYour use of the Services is subject to our Privacy Policy, which explains how we collect, use, store, and protect your personal data. By using the Services, you consent to these data practices. Key points include:

• Data Responsibility: You are responsible for maintaining backups of your data and ensuring compliance with applicable data protection laws.
• Third-Party Risks: We are not liable for data loss, breaches, or unauthorized access caused by third-party services (e.g., AWS, Replit, or Gmail SMTP services) or your failure to secure your account.
• SMTP Credentials: If you provide SMTP credentials (e.g., for email verification), we will store them securely and use them solely for the purpose of sending verification emails or other authorized communications.

6. Third-Party ServicesThe Services rely on third-party platforms, such as AWS Elastic Beanstalk for hosting and Replit for development, as well as external services like Gmail for email verification. We are not responsible for:

• The performance, availability, security, or reliability of these third-party services;
• Any interruptions, errors, or data loss caused by third-party services;
• Your compliance with the terms and conditions of these third-party providers.

Your use of third-party services is governed by their respective terms, and you agree to comply with them. We disclaim all liability for issues arising from your use of or reliance on third-party services.7. Beta Testing PhaseDuring the beta testing phase of the Services (e.g., limited to 100 Queensland SMEs for AgencyIQ), you acknowledge that:

• The Services are in a testing stage and may contain bugs, errors, or incomplete features;
• Participation is voluntary, and subscription to paid tiers is optional;
• We may modify, suspend, or discontinue the beta Services at any time without notice or liability.

Your feedback during the beta phase is valuable to us, but we are not obligated to act on it or compensate you for it.8. Termination of ServiceWe reserve the right to suspend or terminate your access to the Services at our sole discretion, with or without notice, for any reason, including but not limited to:

• Violation of these Terms;
• Non-payment of applicable fees;
• Abuse, misuse, or unauthorized use of the Services;
• Legal or regulatory requirements.

Upon termination:

• Your right to use the Services will immediately cease;
• We may delete your data in accordance with our data retention policies;
• Any outstanding fees remain payable.

You may terminate your use of the Services at any time by discontinuing access, but no refunds will be provided for prepaid fees.9. Governing Law and Dispute ResolutionThese Terms are governed by the laws of Queensland, Australia. Any disputes arising from or relating to these Terms or your use of the Services shall be resolved through binding arbitration in Queensland, Australia, in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA). You agree to:

• Submit to the jurisdiction of Queensland, Australia for arbitration;
• Waive any right to participate in a class action lawsuit or class-wide arbitration;
• Bear your own legal costs unless otherwise determined by the arbitrator.

10. Changes to These TermsWe may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. If we make material changes, we will notify you via email or through the Services. Your continued use of the Services after such changes constitutes your acceptance of the updated Terms.

11. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Atomiq Technologies regarding the Services.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
• No Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment: You may not assign these Terms or your rights hereunder without our prior written consent. We may assign these Terms at our discretion.

12. Contact UsIf you have any questions, concerns, or notices regarding these Terms, please contact us at:

• Email: support@atomiqtechnologies.com

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. We recommend reviewing these Terms periodically to stay informed of any updates.