Terms of Service

Effective date: [[EFFECTIVE_DATE]] Version: 1.0

These Terms are an agreement between [[LEGAL_ENTITY_NAME]] (ABN [[ABN]]) ("AtmoJob", "we", "us", "our") and the business that signs up for AtmoJob ("you", "your", the "Customer"). They also set rules for every person who uses AtmoJob under a Customer's account, such as owners, office staff and field workers.

Our Privacy Policy sets out what personal information we collect and what we do with it. To delete your account, see Delete your account.

Summary of key terms (not part of the agreement)

This summary helps you find the important parts. It does not change the Terms below.

You own your data. We use it only to run AtmoJob for you.
You are responsible for how your business uses AtmoJob, including telling your workers about location tracking and getting consent before you send marketing messages to your customers.
Our chat has zero tolerance for objectionable content. Anyone can report a message or a user from inside the app.
Payments from your customers go through Stripe directly to your own Stripe account. You are the merchant.
You can export your data at any time, and for [[EXPORT_WINDOW_DAYS]] days after your subscription ends.
Your rights under the Australian Consumer Law are not affected by anything in these Terms.
We give you at least 30 days' notice before a change to these Terms that is bad for you, and you can leave before it applies.

1. About these Terms

1.1 These Terms apply when you create an AtmoJob account, when you tick or tap to accept them, or when you use AtmoJob, whichever comes first.

1.2 The person who accepts these Terms for a business confirms that they have authority to bind that business.

1.3 AtmoJob is a business tool. You agree that you acquire it for the purposes of your business. This does not remove any right that the Australian Consumer Law gives you and that cannot be excluded (see section 15).

1.4 These documents form the agreement, and if they conflict, they apply in this order:

any signed order form or written agreement between you and us;
the Data Processing Addendum, for the personal information we process for you;
these Terms, including the Acceptable Use Policy in section 6 and the Mobile app terms in section 21;
the Privacy Policy, which is a notice and not a contract term.

2. Definitions

Service means the AtmoJob web app, the AtmoJob mobile app for iOS and Android, the customer portal, public lead forms, our APIs, and related support.
Account means the workspace your business creates in AtmoJob. In our systems this is sometimes called a tenant.
Authorised User means a person you let use the Service under your Account, such as an owner, admin, office staff member, employee or contractor.
Worker means an Authorised User who uses the mobile app in the field.
End Customer means your own customers, leads, contacts and site contacts whose details you put into the Service.
Your Data means all data, files, photos, videos, messages and other content that you or your Authorised Users put into the Service, or that End Customers submit to you through the Service (for example through a lead form or the customer portal).
User Content means content that an Authorised User posts to other people through the Service, such as chat messages, chat photos, job notes and comments.
Fees means the subscription fees and any other charges for the Service set out on our pricing page or in your order.

3. Accounts and Authorised Users

3.1 To use the Service you need an Account. You must give us accurate details and keep them up to date.

3.2 Every Authorised User must be at least [[MINIMUM_USER_AGE]] years old. The Service is not made for children and you must not invite a child to use it.

3.3 You control who has access to your Account. You are responsible for what your Authorised Users do in the Service, and for making sure they follow these Terms.

3.4 Each login is for one named person. Do not share usernames, passwords or PINs.

3.5 You must keep login details secure. We strongly recommend that you turn on multi-factor authentication for admins and owners. If you think someone has accessed your Account without permission, tell us straight away at [[SECURITY_CONTACT_EMAIL]].

3.6 If you are a Worker or other Authorised User. Your employer or the business you work for (the Customer) holds the subscription and controls the Account. When you tap "Agree & Continue" in the app, you agree to follow sections 3, 6, 14 and 21 of these Terms. The Customer can see the work data you record, including your location while you are on duty, as explained in section 8 and in the Privacy Policy. If you have a question about how your employer uses AtmoJob, ask your employer first. You can delete your own user account at any time from More > Account > Delete account in the app, or see Delete your account.

4. Subscription, fees and billing

4.1 Plans. Our plans, prices and what each plan includes are shown at [[PRICING_URL]] or in your order. Prices are in [[CURRENCY]] and [[INCLUDE_OR_EXCLUDE]] GST unless we say otherwise.

4.2 Free plan while in beta. While AtmoJob is in beta, we offer a free plan. [[FREE_PLAN_TERMS, for example: what the free plan includes, and how much notice we give before it changes or ends]]

4.3 Billing and renewal. Your subscription renews automatically at the end of each billing period ([[BILLING_PERIODS, for example: monthly or yearly]]) until you cancel it. We charge the Fees in advance to the payment method on your Account using [[BILLING_PROVIDER]]. Changes to the number of users or add-ons during a billing period are charged or credited [[PRORATION_RULE]].

4.4 Cancelling. You can cancel at any time in the web app at [[CANCEL_PATH]]. Cancellation takes effect at the end of your current billing period, and you keep access until then.

4.5 Refunds. [[REFUND_POLICY, for example: We do not refund part-used billing periods, except where the law requires it or where these Terms say so (sections 18.4, 19.3 and 20.3).]] Nothing in this section limits your rights under the Australian Consumer Law.

4.6 Price changes. We will give you at least 30 days' notice by email before a price increase applies to you. If you do not agree, you can cancel before the increase takes effect and you will not pay the new price. For yearly plans, a price increase applies only from your next renewal.

4.7 Late payment. If a payment fails, we will tell you and try again. If the Fees are still unpaid 14 days after we notify you, we may suspend the Account under section 18.2. We will not delete Your Data because of late payment without first giving you the notice and export window in section 19.

4.8 Taxes. You are responsible for taxes that apply to the Fees, other than taxes on our income.

5. Using the Service

5.1 While your subscription is active, we give you and your Authorised Users a non-exclusive, non-transferable right to use the Service for your internal business purposes, in line with these Terms.

5.2 You must not:

copy, resell, rent or sublicense the Service, or offer it to others as a bureau service;
reverse engineer, decompile or try to get the source code of the Service, except where the law allows it;
get around security, usage limits or access controls;
run security scans, penetration tests or load tests on the Service without our written consent;
use the Service to build a competing product.

5.3 We may set fair usage limits (for example on storage, messages or API calls) to protect the Service for all customers. We will tell you about a limit before we enforce it, except in an emergency. If a new limit stops you from using something your plan includes, you may cancel and we will refund prepaid Fees for the unused period.

6. Acceptable Use Policy

This section applies to you and to every Authorised User. It also applies to anyone who uses a public AtmoJob page, such as a lead form or the customer portal.

6.1 General rules

You must not use the Service to:

break any law, or help someone else break the law;
infringe anyone's intellectual property, privacy or other rights;
upload malware, or attack, overload or disrupt the Service or any system connected to it;
get access to another Account or another person's data without permission;
send spam, phishing messages, or messages that pretend to come from someone else;
track the location of a person who has not been told about it as the law requires;
collect or store data that the Service is not made for (see section 6.5).

6.2 Chat and other User Content

AtmoJob includes team chat, direct messages, and the ability to share photos, videos and notes with other people in your Account. We have zero tolerance for objectionable content and abusive users.

You must not post, send or share User Content that:

is sexually explicit or pornographic;
sexualises or exploits children in any way;
is violent or threatening, or encourages violence, self-harm or terrorism;
harasses, bullies, intimidates or stalks another person;
is hateful or discriminatory, including on the basis of race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability or age;
is defamatory, or is intended to deceive or mislead;
shares another person's private information or images without their consent;
promotes illegal drugs, weapons or other illegal activity;
is otherwise offensive in a way that a reasonable person would find objectionable in a workplace.

6.3 How to report and block

In the app: tap the actions button on a chat message and choose Report message. The report names the message and the person who sent it.
Block a user: choose Block in the same message menu. You will stop seeing messages from that person. You can see and undo blocks at More > Blocked people.
Delete your own content: choose Delete message on a message you sent.
By email: send details to [[ABUSE_REPORT_EMAIL]] (or [email protected]). Include the Account name, the user, and the date and time of the message if you can.

When someone makes a report, it goes to our team and to the admins of the Account where it happened. We also run an automatic filter that checks chat text for objectionable content before it is sent.

6.4 What we do about reports

We review every report and aim to act within 24 hours.
If content breaks this policy, we remove it, or ask the Account admins to remove it.
We may suspend or permanently remove the user who posted it. We do this without notice where the content is serious, such as content that exploits children, threats of violence, or illegal content.
Account admins can also remove content and remove users from their own Account.
Where the law requires it, or where someone may be at risk of harm, we report content to police or other authorities.

6.5 Data you must not put into AtmoJob

Unless we agree in writing, do not store the following in the Service:

full payment card numbers, card security codes or bank account passwords (use the Stripe payment flow for card payments);
government identity document numbers such as passport or driver licence numbers, unless a form we provide asks for them for a lawful purpose you are responsible for;
health information or other sensitive information about a person, beyond what your trade work truly needs and the law allows you to collect;
passwords, API keys or other secrets.

Trade licence numbers of your own Authorised Users are allowed, because the Service has a field for them.

6.6 Enforcement

If you or an Authorised User breaks this Acceptable Use Policy, we may remove content, limit features (for example turn off messaging), suspend the user, or suspend or end the Account under sections 18 and 19. We will act in proportion to the breach.

7. Your Data

7.1 You own Your Data. We do not claim ownership of anything you or your Authorised Users put into the Service.

7.2 Our permission to use it. You give us a non-exclusive licence to host, copy, process, transmit and display Your Data only as needed to:

provide, secure and support the Service for you;
do what you or your Authorised Users ask the Service to do (for example send an invoice to an End Customer);
comply with the law.

This licence ends when Your Data is deleted under section 19.

7.3 Usage and diagnostic data. We collect information about how the Service is used and how it performs, as explained in the Privacy Policy. We use this to run, secure and improve the Service. We may create statistics that are aggregated or de-identified so that they do not identify you, your Authorised Users or your End Customers, and use them to improve the Service.

7.4 What we do not do.

We do not sell Your Data.
We do not use Your Data for advertising, and the mobile app does not track users across other companies' apps or websites.
We do not currently send Your Data to any third-party artificial intelligence provider. If we add a feature that does, we will update the Privacy Policy, tell you before it applies, ask for your permission in the Service before any of Your Data goes to that provider, and not let that provider train its models on Your Data.

7.5 Privacy roles.

For personal information about your Authorised Users and End Customers that is in Your Data, you decide why and how it is collected and used. You are the controller of that information (in Australian terms, it is information you collect and hold for your business), and we handle it on your behalf as your service provider (a processor).
For the details you give us to set up and pay for your Account, for our own marketing, and for usage and diagnostic data, we are responsible, and our Privacy Policy applies.
When we handle personal information on your behalf, we will: handle it only to provide the Service and follow your reasonable instructions; keep it confidential; protect it with reasonable security; help you respond to requests from individuals to access or correct their information; tell you about an eligible data breach as set out in section 12; and delete it as set out in section 19.
We use other companies (subprocessors) to help run the Service, such as hosting, email and SMS delivery, maps and crash reporting. Some of them are outside Australia, including in the United States. The current list, and where they are, is in the Privacy Policy. We will give you at least [[SUBPROCESSOR_NOTICE_DAYS]] days' notice before adding a new subprocessor that will handle Your Data. If you have a reasonable objection that we cannot resolve, you may end your subscription and get a pro-rata refund of prepaid Fees.
Our Data Processing Addendum forms part of these Terms and sets out these commitments in more detail, including for data covered by the EU or UK GDPR.

7.6 Backups. We back up the Service database regularly. Backups are for disaster recovery, not for restoring a single item you deleted by mistake. You should export your important records regularly (see section 19.2).

8. Your responsibilities for your workers and your customers

AtmoJob gives your business tools that collect information about your workers and your customers. The law puts duties on the business that decides to use those tools, and those duties are yours.

8.1 Location tracking of Workers

8.1.1 The mobile app records a Worker's precise location while they are on duty. This includes when the app is closed or in the background, and after the phone restarts, until the Worker goes off duty. Your admins can see these locations, for example on the live map, and they are kept for 90 days.

8.1.2 The app also records where a job photo was taken when a Worker takes it, whether they are on or off duty, and writes that location into the photo file. Your admins can turn this off for everyone in the Account's photo settings. When a Worker starts or stops a timer on a job, the app also saves their position with that time entry, if they have allowed location. Photo and timer locations are kept with the photo or time entry, not deleted after 90 days.

8.1.3 A Worker can turn on "automatic site attendance" in the app's settings. While they are on duty, the app then uses geofences to detect when they arrive at a job site. It is off by default.

8.1.4 Before a Worker uses these features, you must:

tell them, in writing, that their location is tracked while they are on duty, what it is used for, and who can see it;
give any notice the law requires, including workplace surveillance laws such as the Workplace Surveillance Act 2005 (NSW) and the Workplace Privacy Act 2011 (ACT), which can require written notice at least 14 days before tracking starts;
get any consent the law requires, including under an employment agreement or award;
use location data only for legitimate work purposes, and never to track a Worker while they are off duty.

8.1.5 Workers control when they are on duty. You must not ask a Worker to stay on duty outside their working time so that you can track them.

8.2 Photos, videos and contacts

8.2.1 Workers may take photos and videos (with sound) of job sites. You are responsible for making sure this is lawful, including getting permission from people who appear in them or whose property is shown where the law requires it. State and territory surveillance devices laws can make it an offence to record a private conversation without consent, so make sure your Workers know not to record people talking without their permission.

8.2.2 The mobile app lets a Worker import a contact from their phone into a client record, and save a client back to their phone. You must make sure your Workers only import contacts that are appropriate for your business.

8.3 Your End Customers

8.3.1 You are responsible for the personal information of your End Customers that you put into, or collect through, the Service. You must:

have a privacy policy or collection notice that tells your End Customers that you use service providers such as AtmoJob to manage jobs, quotes, invoices and payments, and that their information may be stored or processed outside Australia;
collect only what you need, and have a lawful basis or consent where required;
respond to your End Customers' requests to access, correct or delete their information. We will help you where the Service allows it.

8.3.2 Some emails the Service sends for you, such as invoices, receipts and reminders, contain a small tracking image and tracked links. These tell you whether an email was opened or a link was clicked. You should mention this in your own privacy notice.

8.3.3 Public lead forms collect the answers a person gives you, their IP address and browser details, to help you manage leads, prevent abuse and report ad conversions. We keep a one-way hash of the IP address for abuse limits, and delete the IP address itself after 30 days. You are responsible for the questions you ask on your forms.

8.4 Messages you send through AtmoJob (Spam Act)

8.4.1 When you send an email or SMS to an End Customer through the Service, you are the sender. You must comply with the Spam Act 2003 (Cth), the Unsolicited Electronic Messages Act 2007 (NZ) where it applies, and any other anti-spam and telemarketing law.

8.4.2 In particular, you must:

only send commercial or marketing messages to people who have consented to receive them;
clearly identify your business in every message;
include a working way to unsubscribe in every commercial message, and honour unsubscribe requests within 5 business days;
only use a sender name or sender ID that truly belongs to your business, and never pretend to be someone else;
follow any sender ID registration rules that apply to SMS in Australia.

8.4.3 Transactional messages, such as an invoice, a quote or a booking reminder, are still your messages. Keep them relevant to the job.

8.4.4 We may pause or limit sending from an Account if we see signs of spam, many complaints, or a risk to our sending reputation or to our SMS or email providers. We will tell you when we do this and work with you to fix it.

8.4.5 You must pay any fines or charges that a carrier or regulator imposes because of messages you send in breach of this section.

9. Payments from your customers (Stripe Connect)

9.1 The Service lets you take payments from your End Customers for invoices, through Stripe. To use this, you either connect your own Stripe account, or let us set up a Stripe account for you through Stripe (we then give Stripe your business email address and country). Either way, you must accept Stripe's terms, including the Stripe Connected Account Agreement.

9.2 Payments are made directly to your Stripe account. Your End Customer pays on a page hosted by Stripe. AtmoJob does not receive, hold or pass on these funds, and we never see or store full card details.

9.3 You are the merchant for these payments. You are responsible for your prices, invoices, refunds, disputes, chargebacks, Stripe fees, and taxes on those sales, and for your own refund and cancellation policy for your End Customers.

9.4 AtmoJob does not currently charge a fee on payments you take through Stripe. [[PAYMENT_FEE_CLAUSE, if this changes: we will give 30 days' notice before adding a fee.]]

9.5 Stripe, not AtmoJob, decides whether to approve your Stripe account and whether to hold or release funds. We are not responsible for Stripe's actions, but we will help you where we reasonably can.

9.6 You can also show your bank details on invoices so End Customers can pay you by bank transfer. You are responsible for making sure those details are correct.

10. Third-party services

10.1 The Service relies on, or connects to, other companies' services, such as Stripe, Google Maps and Places, Apple Maps, SMS and email delivery providers, and the NSW Government licence register. These services may have their own terms.

10.2 If you turn on an integration with another service, you authorise us to exchange Your Data with it as needed. That service's use of the data is governed by your agreement with it, not by these Terms.

10.3 We are not responsible for a third-party service that we do not control. If a third-party service stops working or changes, we will try to give you notice and a workaround.

11. Availability, support and changes to the Service

11.1 We aim to keep the Service available at all times, but we do not promise that it will never be interrupted or error free. We may need to do planned maintenance. Where we can, we will do it at quiet times and give notice of major work.

11.2 The mobile app works offline and syncs when it reconnects. Data that has not synced yet is stored only on the device until it syncs.

11.3 Support is available by email at [email protected] and at [[SUPPORT_URL]]. [[SUPPORT_HOURS]]

11.4 We improve the Service all the time and may add, change or remove features. We will not make a change that materially reduces the core features of your plan during a paid billing period, unless the law, a security risk or a third-party provider we rely on forces the change. If we remove a major feature you pay for, we will give you at least 30 days' notice (or as much notice as we can, if the change is forced on us), and you may cancel and get a pro-rata refund of prepaid Fees.

11.5 Beta features. We may offer features marked as "beta", "preview" or similar so you can try them early. They may change or be removed at any time, and they are not part of what your plan promises. This does not take away any right you have under the Australian Consumer Law.

12. Security and data breaches

12.1 We use reasonable technical and organisational measures to protect Your Data. These include encryption of data in transit between your devices and our servers, encryption of the database stored on the mobile device, access controls, and the ability to remotely wipe AtmoJob data from a lost device. The Privacy Policy describes our security measures in more detail.

12.2 No system is completely secure. You are responsible for the security of your own devices, your login details and who you give access to.

12.3 If we learn of a data breach involving Your Data, we will let you know promptly and share what we know about it, so that you can meet your own legal duties. If the breach is an eligible data breach under the Notifiable Data Breaches scheme in the Privacy Act 1988 (Cth), or a notifiable privacy breach under the Privacy Act 2020 (NZ), we will work with you so that the Office of the Australian Information Commissioner (or the NZ Privacy Commissioner) and affected people are notified as the law requires. We will not charge you for this help where the breach was caused by us or our subprocessors.

13. Confidentiality

13.1 Each of us may receive the other's confidential information, such as your business records or our non-public product information.

13.2 Each of us will use the other's confidential information only for this agreement, protect it with reasonable care, and not disclose it except to staff, advisers and subprocessors who need it and are bound to keep it confidential, or where the law requires.

13.3 This does not apply to information that is public through no fault of the receiving party, or that the receiving party already had or developed independently.

14. Intellectual property and feedback

14.1 We and our licensors own the Service, including the software, design, documentation, our trademarks, and any improvements. These Terms do not give you any rights in them other than the right to use the Service.

14.2 If you give us ideas or feedback, we may use them without any obligation to you. We will not identify you publicly as the source without your permission.

14.3 We will not use your business name or logo in our marketing without your permission.

15. Warranties and the Australian Consumer Law

15.1 We warrant that the Service will perform materially as described in our documentation, and that we will provide it with due care and skill.

15.2 Each of us warrants that it has the power to enter into this agreement.

15.3 You warrant that you have the rights, notices and consents needed for us to handle Your Data as these Terms describe, including the notices and consents in section 8.

15.4 Australian Consumer Law. Nothing in these Terms excludes, restricts or changes any guarantee, right or remedy you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded, restricted or changed. Where the law allows us to limit our liability for failing to meet such a guarantee in relation to services that are not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited, at our choice, to supplying the services again or paying the cost of having them supplied again. This limit does not apply where the law says it is not fair or reasonable for us to rely on it.

15.5 New Zealand. If you are a New Zealand business, we both agree that we are in trade and that you are getting the Service for your business. To the extent the law allows, and where it is fair and reasonable to do so, the Consumer Guarantees Act 1993 (NZ) does not apply to this agreement.

15.6 Except as set out in this section and to the extent the law allows, we do not give any other warranty about the Service. In particular, the Service helps you record and manage work, but you are responsible for checking that your quotes, invoices, forms, certificates and other records are correct and meet the rules that apply to your trade.

16. Limitation of liability

16.1 To the extent the law allows, neither of us is liable to the other for any indirect or consequential loss, or for loss of profit, revenue, goodwill or business opportunity, however it arises.

16.2 To the extent the law allows, each party's total liability to the other under or in connection with these Terms in any 12-month period is limited to the greater of:

the total Fees paid under this agreement during the 12 months up to the date of the event that gave rise to the claim; and
[[MINIMUM_LIABILITY_CAP, for example AUD 1,000]].

16.3 The limits in sections 16.1 and 16.2 do not apply to:

liability that cannot be limited by law, including under the Australian Consumer Law (see section 15.4);
personal injury (including death) caused by a party's negligence;
fraud or wilful misconduct;
your obligation to pay Fees that are due;
breach of section 13 (Confidentiality) caused by deliberate misuse of the other party's information.

16.4 Each party's liability is reduced to the extent the other party (or, for you, your Authorised Users) caused or contributed to the loss.

16.5 If Your Data is lost or damaged because of our failure, our first job is to restore it from our most recent backup. This does not limit any other remedy you have under this section.

17. Indemnities

17.1 Our indemnity. We will defend you against a claim by a third party that your use of the Service in line with these Terms infringes that party's intellectual property rights, and pay the amounts a court awards or that we agree to in a settlement. If this happens, we may get the right for you to keep using the Service, change the Service so it does not infringe, or end your subscription and refund prepaid Fees for the unused period. This does not apply to claims caused by Your Data, your changes, or your use of the Service with things we did not provide.

17.2 Your indemnity. You will cover our reasonable losses and costs arising from a third-party claim or a regulator's action, to the extent it is caused by the following and not by us, our staff or our subprocessors:

Your Data, or User Content posted by your Authorised Users;
your failure to give notices or get consents under section 8, including location tracking and messages you send;
your use of the Service in breach of the law or of section 6.

17.3 A party asking for an indemnity must tell the other party promptly, let it control the defence and settlement, and give reasonable help. The indemnifying party must not settle a claim in a way that admits fault by the other party without its consent.

17.4 The indemnities in this section are subject to section 16.

18. Suspension

18.1 We may suspend an Authorised User or your Account, or part of the Service (for example messaging), straight away and without notice if we reasonably believe it is necessary to:

stop serious content under section 6.2, such as content that exploits children, threats of violence or illegal content;
protect the Service, other customers or any person from a security threat or harm;
comply with the law or an order of a court or regulator.

18.2 We may suspend your Account for other breaches of these Terms, including unpaid Fees, but only after we have given you written notice and at least 10 business days to fix the problem, where it can be fixed.

18.3 We will lift a suspension as soon as the reason for it is resolved. During a suspension, you can still contact us, and we will keep Your Data.

18.4 If we suspend the Account and it turns out the suspension was not justified, we will credit the Fees for the suspended period.

19. Ending the agreement, data export and deletion

19.1 Ending the agreement.

You can end the agreement at any time by cancelling your subscription (section 4.4), or by deleting your business Account in the app or web app.
Either of us may end the agreement by written notice if the other party materially breaches it and does not fix the breach within 30 days of notice, or if the other party becomes insolvent.
We may end the agreement by giving you at least 60 days' written notice, for example if we stop offering the Service. If we do this, we will refund prepaid Fees for the unused period.

19.2 Export your data. You can export Your Data at any time from the web app at Settings > Business > Advanced > Data export. You can choose Export records, or Export records and files, which also includes your photos and other media files. Each export file is available to download for 7 days after it is ready. After the agreement ends, you can still sign in to export Your Data for [[EXPORT_WINDOW_DAYS]] days.

19.3 Deletion.

If the owner deletes the business Account, there is a 30-day waiting period before deletion starts. The Account keeps working during those 30 days, and any owner can cancel the deletion. After that, we delete the Account, Your Data (including photos, documents and logos) and your Authorised Users' access, remove our access to a Stripe account you connected, and remotely wipe AtmoJob data from the Account's registered devices.
If the agreement ends in another way, we delete Your Data after the export window in section 19.2 ends.
Copies of Your Data in our backups are overwritten as backups roll over, within about 9 weeks.
We may keep information we must keep by law, for example our own billing and tax records about your subscription.
Information in your Stripe account is held by Stripe under your agreement with Stripe.
The Privacy Policy and Delete your account explain deletion in more detail, including what happens when a single Authorised User deletes their own account.

19.4 What happens when the agreement ends. Your right to use the Service stops. You must pay any Fees due up to the end date. Sections 7, 12, 13, 14, 15, 16, 17, 19 and 22, and any other terms that by their nature should continue, survive.

20. Changes to these Terms

20.1 We may need to change these Terms, for example when the Service or the law changes. When we do, we will publish the new version on this page and change the effective date at the top.

20.2 If a change is materially bad for you, we will give you at least 30 days' notice by email or in the Service before it takes effect.

20.3 If you do not agree with such a change, you may cancel your subscription before it takes effect, and we will refund prepaid Fees for the unused period. If you keep using the Service after the change takes effect, the new Terms apply.

20.4 We may make a change sooner if the law requires it, or to fix a security issue. We will still tell you about it, and you still have the right in section 20.3 to cancel and get a refund of prepaid Fees for the unused period.

20.5 If your Authorised Users need to accept updated Terms, the app will ask them to do so the next time they open it.

21. Mobile app terms

This section applies to the AtmoJob mobile app (the "App") for anyone who downloads or uses it. If this section conflicts with the rest of these Terms in relation to the App, this section applies.

21.1 If you got the App from the Apple App Store

(a) Agreement is with us, not Apple. These Terms are between you and [[LEGAL_ENTITY_NAME]] only, and not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App and its content.

(b) Licence. We give you a non-transferable licence to use the App on any Apple-branded product that you own or control, as allowed by the Usage Rules in the Apple Media Services Terms and Conditions. The App may also be accessed and used by other accounts associated with you through Family Sharing, volume purchasing or Legacy Contacts where the Usage Rules allow it. Nothing in these Terms sets usage rules for the App that conflict with the Apple Media Services Terms and Conditions.

(c) Maintenance and support. We are solely responsible for providing any maintenance and support for the App, as described in these Terms or as the law requires. Apple has no obligation at all to provide maintenance or support for the App.

(d) Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent they have not been effectively disclaimed. If the App fails to meet any warranty that applies, you may notify Apple, and Apple will refund the purchase price (if any) you paid for the App. To the maximum extent the law allows, Apple has no other warranty obligation for the App. Any other claims, losses, liabilities, damages, costs or expenses caused by a failure to meet a warranty are our responsibility, subject to these Terms.

(e) Product claims. We, not Apple, are responsible for dealing with any claims by you or a third party about the App or your possession or use of it, including:

product liability claims;
any claim that the App does not meet a legal or regulatory requirement that applies to it;
claims under consumer protection, privacy or similar laws.

(f) Intellectual property claims. If a third party claims that the App, or your possession and use of it, infringes their intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling and discharging that claim.

(g) Legal compliance. You confirm that you are not located in a region that is subject to a United States Government embargo, or that the United States Government has designated as a "terrorist supporting" region, and that you are not on any United States Government list of prohibited or restricted parties. You must also comply with Australian sanctions laws.

(h) Contact. Questions, complaints or claims about the App can be sent to: [[LEGAL_ENTITY_NAME]], [[REGISTERED_ADDRESS]], phone [[SUPPORT_PHONE]], email [email protected].

(i) Third-party terms. You must comply with any third-party terms that apply when you use the App, such as your mobile carrier's data plan terms.

(j) Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. When you accept these Terms, Apple has the right (and is taken to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

21.2 If you got the App from Google Play

Google is not a party to these Terms and is not responsible for the App. Your use of Google Play is also subject to Google's own terms.

21.3 App features, permissions and purchases

The App asks for device permissions such as location, camera, microphone, photos and contacts. It explains why before or when it asks, and you can change them in your device settings. Some features will not work without them. The Privacy Policy explains each permission.
The App does not sell subscriptions or other digital goods. Subscriptions are managed by the Customer outside the App.
The App may need updates to keep working. Please keep it up to date.
Deleting the App from your phone does not delete your account. To delete your account, go to More > Account > Delete account in the App, or see Delete your account.

22. General

22.1 Governing law. These Terms are governed by the law of [[GOVERNING_STATE]], Australia. Each of us submits to the non-exclusive jurisdiction of the courts of that state and the Commonwealth courts that sit there.

22.2 Disputes. Before starting court action (except for urgent relief), each of us will try in good faith to resolve a dispute by talking, first between our contacts and then between senior people, for at least 30 days after one of us gives notice of the dispute.

22.3 Notices. We may send notices to the email address of the owner or admins on your Account, or in the Service. You can send notices to us at [[LEGAL_NOTICES_EMAIL]] or [[REGISTERED_ADDRESS]].

22.4 Assignment. You may not transfer this agreement without our consent, which we will not unreasonably refuse. We may transfer it to a related company or to a buyer of our business, if the new party agrees to be bound by these Terms and your position is not made worse. We will tell you at least 30 days before the transfer, and you may cancel before it happens and get a refund of prepaid Fees for the unused period.

22.5 Force majeure. Neither of us is liable for a delay or failure caused by events outside our reasonable control, such as natural disasters, widespread internet or power outages, or failures of third-party networks. This does not excuse payment of Fees that are due.

22.6 Severability. If a court finds part of these Terms invalid or unenforceable, that part is read down or removed, and the rest continues.

22.7 No waiver. If one of us does not enforce a right straight away, that does not mean the right is waived.

22.8 Entire agreement. These Terms (with any order form) are the whole agreement between us about the Service.

22.9 Third parties. Except for Apple under section 21.1(j), no one else has rights under these Terms.

23. Contact us

[[LEGAL_ENTITY_NAME]] (ABN [[ABN]]) [[REGISTERED_ADDRESS]] Support: [email protected] Report abuse: [[ABUSE_REPORT_EMAIL]] Privacy: [[PRIVACY_CONTACT_EMAIL]] Website: https://atmojob.com