Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Atomic AI Agency ("Company", "we", "us", "our") regarding your use of our AI agent marketplace platform and services (the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use our Services.

2. Services Description

We provide an AI-powered agent marketplace platform that enables users to:

• Subscribe to and deploy pre-configured AI agents for various business functions
• Customise agent behaviour, training, and integrations
• Connect agents to third-party services (CRM, email, calendar, accounting, etc.)
• Monitor agent performance, security, and compliance
• Train and retrain agents with custom datasets

3. User Accounts and Eligibility

3.1 Account Creation

To use our Services, you must create an account. You agree to provide accurate, current, and complete information and to update such information to maintain its accuracy.

3.2 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts. By using our Services, you represent and warrant that you meet these requirements.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must notify us immediately of any unauthorized access or security breach.

4. Subscriptions and Payments

4.1 Subscription Plans

Our Services are offered through various subscription plans. Pricing, features, and limitations are described in your subscription details.

4.2 Payment Terms

• Subscription fees are charged in advance on a monthly or annual basis
• All fees are in Australian Dollars (AUD) unless otherwise stated
• Fees are non-refundable except as required by Australian Consumer Law
• We may change pricing with 30 days' notice to existing subscribers
• You authorize automatic renewal unless you cancel before the renewal date

4.3 Free Trials

Free trials may be offered at our discretion. We may require payment information to activate a trial. If not cancelled before the trial ends, you will be charged the applicable subscription fee.

4.4 Cancellation and Refunds

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. Refunds are provided in accordance with Australian Consumer Law where services fail to meet consumer guarantees.

5. Acceptable Use

5.1 Permitted Uses

You may use our Services for lawful business purposes in accordance with these Terms.

5.2 Prohibited Uses

You agree not to:

• Use the Services for any illegal or unauthorized purpose
• Violate any laws, including privacy and data protection laws
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Reverse engineer, decompile, or disassemble our Services
• Use agents to generate spam, misleading content, or harassment
• Scrape, harvest, or collect user data without authorization
• Resell or redistribute our Services without written permission
• Use Services in a way that violates third-party rights

6. Intellectual Property

6.1 Our Rights

The Services, including all software, content, designs, and trademarks, are owned by or licensed to us and are protected by Australian and international intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Services as permitted by these Terms.

6.2 Your Content

You retain ownership of content you upload to our Services (training data, agent configurations, etc.). By uploading content, you grant us a license to use, process, and store such content solely to provide the Services to you.

6.3 Feedback

If you provide feedback or suggestions, we may use them without obligation to you.

7. Third-Party Integrations

Our Services allow integration with third-party services (Salesforce, HubSpot, Xero, etc.). Your use of third-party services is governed by their respective terms and privacy policies. We are not responsible for third-party services or their availability.

You are responsible for maintaining valid credentials and complying with third-party service terms. We may suspend integration functionality if it impacts platform security or performance.

8. Data Privacy and Security

Our collection and use of personal information is governed by our Privacy Policy. We implement reasonable security measures but cannot guarantee absolute security. You acknowledge that internet transmission is never completely secure.

You are responsible for ensuring your use of the Services complies with applicable privacy and data protection laws, including the Australian Privacy Act and GDPR where applicable.

9. Disclaimers and Limitations

9.1 Service "As Is"

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 AI Limitations

You acknowledge that AI agents may produce inaccurate, incomplete, or inappropriate responses. You are responsible for reviewing and validating agent outputs before relying on them for business decisions.

9.3 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy provided under the Australian Consumer Law (ACL) or other applicable law that cannot be excluded, restricted, or modified by agreement. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to re-supplying the Services or paying the cost of having them re-supplied.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, and expenses (including legal fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

12. Termination

12.1 By You

You may terminate your account at any time by cancelling your subscription and notifying us.

12.2 By Us

We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or for any other reason with or without notice, subject to applicable consumer protection laws.

12.3 Effect of Termination

Upon termination, your right to use the Services ceases immediately. We will delete or anonymize your data in accordance with our Privacy Policy and retention policies.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of Western Australia, Australia. You agree to submit to the non-exclusive jurisdiction of Australian courts.

13.2 Dispute Resolution

Before commencing legal proceedings, parties agree to attempt to resolve disputes through good faith negotiation. If unresolved within 30 days, disputes may be referred to mediation or arbitration as agreed by both parties.

13.3 Consumer Rights

Nothing in this clause affects your rights under Australian Consumer Law to take action in an appropriate court or tribunal.

14. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes via email or platform notification at least 30 days before they take effect. Continued use after changes constitutes acceptance. If you do not agree to changes, you must cancel your subscription.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Services.

15.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

15.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms without restriction.

16. Contact Information

For questions about these Terms, please contact us: