Terms and conditions

HSCTUTE OPS CO PTY LTD ACN 157 892 969 (Atomi, Us, We) provides the Atomi application and services available at https://www.getatomi.com or any other relevant URL provided by Atomi (Site), to you subject to these terms and conditions of use (Terms).

You agree and acknowledge that any access by you of, and/or anyone accessing the Site with you (You) will constitute an express agreement by you to comply with the Terms. Ignorance by you of the existence of the Terms does not constitute a waiver of any provisions contained in the Terms, and if you choose not to accept the Terms, you are not to continue accessing the Site.

These Terms, in conjunction with Atomi’s Privacy Policy, AI Policy, and any applicable Subscription Agreement, form the entire agreement between you and Atomi regarding use of the Site. In the event of inconsistency, the Subscription Agreement will prevail to the extent of that inconsistency.

Atomi reserves the right to vary any of the Terms, or any other policy or guideline of the Site, at any time and in its sole discretion and without notice to you. Unless otherwise specified, changes take effect upon posting on the Site. Where a change is material and reasonably likely to adversely affect you, we will provide reasonable notice (for example by email or in-product notice) where practicable. If you do not agree to the updated Terms, you must stop using the Site.

Entering or using the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.

Interpretations

When interpreting these Terms, the headings provided are for convenience, and do not affect interpretation, and words in the singular include the plural and vice versa.

Ownership and copyright

Except as otherwise expressly indicated by Atomi in writing, the Site, and all information, messages data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and other content contained in the Site, including, without limitation, the Atomi logo and all designs, text, graphics, pictures, information, data, software, sound files, data structures, compilations, metadata, analytical insights generated by Atomi in connection with your use of the Site, other files and the selection and arrangement thereof (collectively, the Content) are the property of Atomi or its Related Entities (as defined in the Corporations Act (Cth) 2001) or licensors and are protected by Australian and international copyright laws. The Site and all Content are copyrighted - (C) 2025 Atomi. All Rights Reserved.

Trademarks

Atomi, the logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Atomi and/or its related entities, suppliers or licensors and may not be copied, imitated or used in a same or deceptively similar fashion, in whole or in part, without the prior written permission of Atomi or the applicable trademark owner. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Atomi and may not be copied, imitated or used, in a same or deceptively similar fashion, in whole or in part, without the prior written permission of Atomi. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Atomi.

Limited licence

Atomi grants you a non-exclusive licence, expressly limited only to access and use of the Site, strictly in accordance with the Site’s available usage options, and to view portions of the Content as provided for in the Site. Nothing in the Site, the Content or the Terms is intended to grant you the right to sublicence the licence to anyone or any entity. The licence is granted solely in accordance with the Terms, and you agree and acknowledge the following:

• You may only view portions of the Site Content for your own informational, personal and non-commercial use;
• You may not modify or otherwise make derivative uses of the Site or the Content, or any portion thereof;
• You may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
• You may not use any data mining, robots or similar data gathering or extraction methods with respect to the Site, including accessing the Site via any automated means including bots, crawlers or scrapers (other than through publicly documented interfaces authorised by Atomi) or copying, harvesting or training models on the Site or its Content without Atomi’s prior written consent.
• You may not use the Site or the Content other than for its intended purpose; and
• You may not reproduce, prepare derivative works from, distribute or display the Site or any Content (except for page caching), except as provided herein.

Except as expressly permitted above, any use of any portion of the Site or Content without the prior written permission of Atomi is strictly prohibited and will terminate the licence granted in these Terms.

Any unauthorised use by you of the Site may also violate applicable country laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes.

Unless explicitly stated, nothing in these Terms may be construed as conferring any licence to you with respect to intellectual property rights. This licence is revocable at any time.

You represent and warrant that your use of the Site and the Content will be consistent with this licence and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify Atomi against any liability to any person arising out of your use of Content not in accordance with these Terms.

To request permission for uses of Content not expressly authorized under our Terms, you may contact Atomi by email at support@getatomi.com

Acceptable use

The Site may contain areas in which you or third parties may post content, messages, materials or other items on the Site (Interactive Areas). If Atomi provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

1. ‍1. Any message, data, information, text, music, sound, photos, graphics, code or other Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;‍
2. 2. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any applicable law or regulation in any jurisdiction.‍
3. 3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;‍
4. 4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;‍
5. 5. Unsolicited promotions, political campaigning, advertising or solicitations;‍
6. 6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;‍
7. 7. Viruses, corrupted data or other harmful, disruptive or destructive files;‍
8. 8. Uploading of data that breaches your school’s policies;‍
9. 9. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or‍
10. 10. Content that, in the sole judgment of Atomi, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Atomi or its affiliates or its users to any harm or liability of any type.

Atomi takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party or for any loss or damage thereto, nor is Atomi liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Atomi is not liable for any statements, representations or Content provided by its users in any public forum or other Interactive Area.

Although Atomi has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Atomi reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.

Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Atomi's systems and customers, or to ensure the integrity and operation of Atomi's business and systems, Atomi may access and disclose any information it considers necessary or appropriate including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. Any access or disclosure will be carried out to the extent permitted by law and in accordance with our Privacy Policy.

Rights to user content

1. User Ownership‍

You retain all rights, title and interest in and to any content, materials, data, or other information you upload, submit, create or otherwise make available through the Site (User Content). Nothing in these Terms transfers ownership of your User Content to Atomi.

2. Limited licence to Atomi‍

By submitting or making available User Content on or through the Site, you grant Atomi a non-exclusive, worldwide, royalty-free, sublicensable licence to use, host, store, reproduce, modify, adapt, communicate, display, and distribute your User Content solely for the following purposes:

1. (a) to provide and operate the Site and related services;
2. (b) to maintain, secure, and support the Site;
3. (c) to develop or improve the Site’s features (for example, content recommendations, search, and user experience); and
4. (d) where you have chosen to make your User Content public (for example, by sharing a task or resource publicly), to use, reproduce, and communicate that content consistent with that visibility and with the permissions you have set.

3. Public Sharing‍

If you choose to make User Content available publicly, you grant Atomi the right to use, reproduce, distribute, and display that content for the purposes of operating, promoting, or improving the Site, provided such use remains consistent with your visibility and sharing settings. You also grant Atomi and its affiliates and sublicencees the right to display the name that you submit in connection with such User Content. You may revoke this permission at any time by removing the content or changing its visibility settings.

4. Moral Rights‍

If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by Atomi or its licencees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release Atomi, and its licencees, successors and assigns, from any claims that you could otherwise assert against Atomi by virtue of any such moral rights.

5. Feedback‍

If you provide feedback, suggestions or improvements (Feedback) to Atomi, you grant Atomi a perpetual, irrevocable, worldwide, royalty-free licence to use that Feedback for any purpose related to the Site and its business operations.

6. Usage Data & Aggregates‍

Atomi may generate and use aggregated, de-identified or anonymised data and statistical insights derived from the Site or User Content for operating, improving, and developing the Site and related services. Atomi owns such aggregated or de-identified data. Atomi will not attempt to re-identify individuals from such data.

7. Warranties‍

You represent and warrant that any User Content you submit to the Site does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and that you have the necessary rights or permissions to grant the licences described above for any User Content you post to the site.

8. Right to remedies‍

Atomi reserves the right to pursue equitable or injunctive relief against any person who breaches these Terms or infringes its intellectual property rights

9. No Unauthorized Use‍

Atomi will not use User Content for any purpose other than those set out above or otherwise outlined in our Privacy Policy, and will not claim ownership or commercial rights in your User Content.

Copyright complaint policy

Infringement notification:

If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Atomi that your copyrighted material has been infringed.

Please provide the following information in the following format (including section numbers):

1. ‍1. A clear identification of the copyrighted work you claim was infringed.‍
2. 2. A clear identification of the material you claim is infringing the copyrighted work and information that will allow us to locate that material on the Website, such as a link to the infringing material.‍
3. 3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number‍
4. 4. Include the following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorised by the copyright owner, its agent, or the law."‍
5. 5. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner or am authorised to act on behalf of the owner, of an exclusive right that is allegedly infringed."‍
6. 6. The notice must be signed by the person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement on this website should be emailed to: support@getatomi.com

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and legal fees) if you make a false claim of copyright infringement.

We will review and address all notices that comply with the requirements above.

Repeat infringer policy

In accordance with the Copyright Regulations 2017 (Cth), the Digital Millennium Copyright Act (DMCA), and other applicable law, Atomi has adopted a policy of terminating, in appropriate circumstances and at Atomi's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Atomi may also, at its sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray Atomi or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an Atomi logo or other proprietary graphic of Atomi to link to the Site without the express written permission of Atomi. You may not use, frame or utilise framing techniques to enclose any Atomi-owned trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Atomi's express written consent. Except as noted above, you are not conveyed any right or licence or under any patent, trademark, copyright or proprietary right of Atomi or any third party. Nothing contained on the Site may be construed as granting any licence or right to use any patent, trademark, copyright or other proprietary right of Atomi or any third party without the prior written permission of Atomi or such other party that may own such patent, trademark, copyright or other proprietary right(s).

The Site may contain links to third-party Web sites (Third Party Sites) and third-party content (Third Party Content) as a service to those interested in this information. You use links to Third Party Sites and any Third Party Content therein at your own risk. Atomi does not monitor or have any control over and makes no claim or representation regarding Third Party Content or Third-Party Sites. Atomi provides these links only as a convenience, and a link to a Third Party Site or Third Party Content does not imply Atomi's endorsement, adoption or sponsorship of, or affiliation with, such Third Party Site or Third Party Content. Atomi accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third Party Content, Third Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third Party Site and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Registration data

You agree to provide and maintain accurate, current and complete information about you as may be prompted by any registration forms on the Site (Registration Data). You are exempt from the requirement to provide an accurate first name and last name in the Registration Details if you are a student associated with an Atomi school account that is subject to a signed Sales Agreement unless any of the following apply:

1. ‍1. You are associated with one or more additional Atomi accounts that are not subject to a signed Sales Agreement with Atomi.‍
2. 2. You are associated with any Atomi account in which you are or have been, a billing contact.

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must promptly notify Atomi of any suspected unauthorised use.

Students and schools

Where the Site is provisioned through a school or education department, the school is responsible for obtaining any required consents and providing any required notices to students and guardians under applicable law and policy.

Warranty disclaimer

Except as expressly provided to the contrary in writing by Atomi, the Site, the materials contained therein and the services provided on or in connection therewith (Services) are provided on an "as is" basis without warranties of any kind, either express or implied. Atomi expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and noninfringement as to the Services, information, content and materials on the site. Atomi does not represent or warrant that materials in the site or the Services are accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the site, the site content or any portion thereof.

Atomi is not responsible for typographical errors or omissions relating to pricing, text or imagery. While Atomi attempts to make your access to and use of the site and the services safe, Atomi cannot and does not represent or warrant that the Site or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download or use of the Site.

Indemnity

You indemnify and hold harmless Atomi, its affiliates and personnel from and against all losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with: (a) your breach of these Terms or applicable law; (b) any claim that your User Content infringes or misappropriates any third-party rights; or (c) your use of the Site other than as permitted by these Terms.

Limitation of liability

You waive and covenant not to assert any claims or allegations of any nature whatsoever against Atomi, its affiliates, or their respective directors, officers, employees or agents arising out of or in any way relating to your use of the Site, the services, the content or the materials contained in or accessible through the Site, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of site content, or allegations that Atomi has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the site. You use the site at your own risk.

Without limitation of the foregoing, neither Atomi nor any parties providing site content shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site, the services, the content or the materials contained in or accessible through the Site, including without limitation any damages caused by or resulting from your reliance on any site content or other information obtained from Atomi or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Atomi's records, programs or services.

In no event shall Atomi’s aggregate liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the site, exceed the fees paid by you to Atomi for the services in the 12 months preceding the event giving rise to the liability, to the maximum extent permitted by law.

Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies conferred by the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement.

Force Majeure

Atomi is not liable for any delay or failure to perform due to events beyond its reasonable control (including acts of God, epidemic, labour disputes, outages or supplier failures).

Applicable law and venue

The Site (excluding Third Party Sites) is controlled and operated by Atomi from its offices in and around Sydney, Australia. While Atomi has made no effort to publish the Site elsewhere, the Site is accessible in all states of Australia and in other countries. You and Atomi both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and Atomi explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of New South Wales, Australia, without regard to its conflicts of law principles. You agree that all claims you may have against Atomi arising from or relating to the Site will be heard and resolved in a court of competent subject matter jurisdiction located in New South Wales, Australia. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than in New South Wales, Australia, you will be responsible for compliance with all local laws of such other jurisdiction.

Breach of Terms

If You breach these Terms, Atomi reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your licence to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, Site Content or Services; (c) change, suspend or discontinue any aspect of the Site, Content or Services; and (d) impose limits on the Site, Site Content or Services.

If Atomi terminates or suspends your access to the Site for a violation of these Terms or its policies, you must not create a new account without our prior written consent.

Termination

Atomi may terminate or suspend your access to the Site at any time, for any reason, without liability to you.

Survival

Clauses relating to intellectual property, disclaimers, limitations of liability, indemnities and governing law will survive termination of these Terms.

Assignment

You may not assign or transfer your responsibilities under these Terms without Atomi’s consent. Atomi may assign or transfer these Terms (in whole or part) to an affiliate or in connection with a merger, acquisition, corporate reorganisation or sale of assets.

Severability

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

Notices

You agree that we have the right to send you certain information in connection with the Site. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Site or with any subdivisions of the Site such as Community, etc. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the Site. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Site.

Authorized agent

The Site is only available to, and may only be used by, legal persons or entities who can form legally binding contracts under applicable law. If You are acting on behalf of a corporate entity, you warrant that you are duly authorized by the entity to bind them under these terms.

Fees and services

The Atomi Subscription Agreement, if applicable, governs any paid access or additional services and will prevail over these Terms in the event of inconsistency.

Questions and comments

If you have any questions regarding these Site Terms or your use of the Site, please submit them to us using the email address support@getatomi.com.