Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of Athena Automate, operated by Athena Web Creation Pty Ltd ("Company", "we", "us"). By creating an account or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

These Terms constitute a legally binding agreement between you and the Company. The Service is intended for businesses and individuals operating in Australia.

2. Description of Service

Athena Automate is a cloud-based business automation and CRM platform that provides tools for contact management, sales pipeline tracking, email and SMS campaigns, AI-powered call scoring, workflow automation, proposal creation, and related business functions ("Service").

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice to you.

3. Account Registration

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Keep your password confidential and not share it with third parties
• Notify us immediately of any unauthorised use of your account
• Be responsible for all activity occurring under your account

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the business entity you represent.

4. Subscription Plans and Payment

4.1 Plans

The Service is offered on a subscription basis with the following plans:

• Starter: AUD $97 per month
• Growth: AUD $197 per month
• Pro: AUD $397 per month

All prices are in Australian Dollars and include GST where applicable.

4.2 Free Trial

New accounts receive a 14-day free trial. No credit card is required to start the trial. At the end of the trial period, you must select a paid plan to continue using the Service.

4.3 Billing

Subscriptions are billed monthly in advance. Payments are processed securely by Stripe. You authorise us to charge your payment method on a recurring basis until you cancel.

4.4 Cancellation

You may cancel your subscription at any time from the Billing settings page. Cancellation takes effect at the end of the current billing period. No refunds are provided for the remaining days of a paid billing period, except where required by Australian Consumer Law.

4.5 Refunds

If you believe you are entitled to a refund under Australian Consumer Law (e.g., the Service is not fit for purpose), please contact us within 30 days of the charge at billing@athenawebcreation.com.au.

5. Acceptable Use

You agree not to use the Service to:

• Send unsolicited bulk commercial messages (spam) in violation of the Spam Act 2003 (Cth)
• Harass, threaten, or abuse any person
• Violate any applicable law or regulation, including the Privacy Act 1988 (Cth) and the Do Not Call Register Act 2006 (Cth)
• Engage in deceptive, misleading, or fraudulent conduct
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Use automated means to access the Service beyond normal usage
• Resell or sublicense the Service without our written consent
• Upload malware, viruses, or malicious code

We reserve the right to suspend or terminate accounts that violate these provisions without refund.

6. Your Data

You retain ownership of all data you upload to or create within the Service ("Customer Data"). You grant us a limited licence to process Customer Data solely to provide and improve the Service.

You are responsible for ensuring you have the right to upload and process any personal information belonging to third parties (e.g., your contacts) and that you comply with all applicable privacy laws when doing so.

We will not access, use, or disclose your Customer Data except as necessary to provide the Service, as described in our Privacy Policy, or as required by law.

7. Intellectual Property

The Service, including all software, designs, text, and content created by us, is owned by Athena Web Creation Pty Ltd and is protected by Australian and international intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described herein.

8. AI Features Disclaimer

The Service includes AI-powered features such as call scoring and workflow generation. These features are provided for informational purposes only. AI outputs may contain errors and should not be relied upon as professional advice. We make no representations about the accuracy, completeness, or fitness for purpose of AI-generated content.

9. Limitation of Liability

To the maximum extent permitted by Australian law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business interruption, arising out of or in connection with your use of the Service.

Our total liability to you for any claim arising out of or relating to these Terms or the Service shall not exceed the amount you paid to us in the 12 months preceding the claim.

Nothing in these Terms excludes or limits any rights you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010) that cannot be excluded or limited by contract.

10. Indemnification

You agree to indemnify and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, liabilities, damages, and costs (including legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your Customer Data.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of Queensland, Australia. Any dispute arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved after 30 days, disputes shall be submitted to binding arbitration in Brisbane, Queensland, or as required by Australian Consumer Law, to the relevant consumer tribunal.

12. Changes to Terms

We may modify these Terms at any time. We will notify you by email and by displaying a notice in the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the new Terms.

13. Termination

Either party may terminate these Terms at any time. We may suspend or terminate your access immediately if you breach these Terms. Upon termination, your right to use the Service ceases and we will delete your Customer Data within 90 days, unless a longer retention period is required by law.

14. Contact