Terms of Service

Last Updated: July 17, 2026

Welcome to Quay Elements. By accessing our website or using our software applications (including "Athena" and "Family Health Planner"), you agree to be bound by these Terms of Service ("Terms").

1. About Us

The Services are provided by Quay Elements (ACN: 693 578 086), located at Shop 2 290 Boundary St, Spring Hill QLD 4000 ("we", "us", "our").

Privacy Policy: Our collection and handling of personal information is governed by our Privacy Policy, which forms part of these Terms. By using the Services, you acknowledge that you have read and understood the Privacy Policy.

2. Independence and Disclaimer of Professional Advice

No Government Affiliation: Quay Elements is an independent, private entity. The Athena software application is strictly a personal administrative tool. We are not affiliated with, endorsed by, partnered with, or otherwise associated with the Department of Veterans' Affairs (DVA), the Repatriation Medical Authority, the Repatriation Commission, the Australian Defence Force (ADF), the Commonwealth of Australia, or any other government agency. Athena cannot lodge a claim for you, and cannot tell you how a decision-maker will decide.

No Professional Advice: The Services, including any templates, prompts, or organisational tools provided within Athena, are designed solely to assist users in compiling and managing their own information. Quay Elements does not provide medical, legal, financial, or formal veteran advocacy advice.

Not a Medical Device: Our applications are not medical devices and must not be used to diagnose, treat, or manage any health condition. This applies to Athena and to Family Health Planner alike. Consult a qualified health practitioner.

No Prediction of Outcomes: Any indication Athena gives about how your records relate to a Statement of Principles is a research aid, not an assessment of entitlement. Our plain-language summaries of legislative material are our own interpretation and are not authoritative; the authoritative text of any instrument is the one published on the Federal Register of Legislation.

Given the complexities of military compensation and the high stakes involved in managing service records and medical evidence, you acknowledge that you are solely responsible for the accuracy, completeness, and submission of your claims. We strongly recommend consulting with a qualified medical professional, legal advisor, or an accredited veteran advocate or Ex-Service Organisation (ESO) for formal assistance with your claims.

3. License to Use

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to download, install, and use our applications on devices you own or control, for your personal use, or for use in assisting another person where you are authorised to do so, subject to these Terms, the Apple App Store Terms of Service, and your subscription or purchase tier.

Restrictions: You must not sell, rent, sublicense, or redistribute our applications; reverse engineer, decompile, or attempt to extract their source code or bundled models, except to the extent that restriction is unenforceable at law; remove or obscure any proprietary notice; or use our applications to build a competing product. We retain all rights that these Terms do not expressly grant you.

Payments and Subscriptions: Athena offers auto-renewing subscriptions. Payments are managed exclusively by Apple via your Apple Account, and we never see your payment details. Your subscription will automatically renew at the price and interval shown at purchase unless auto-renew is turned off at least 24 hours before the end of the current billing period, and your account is charged for renewal within 24 hours of the end of the current period. You can manage or cancel your subscriptions at any time by accessing your Apple Account Settings. Quay Elements does not process payments directly and cannot cancel your Apple-managed subscription on your behalf. Deleting the app does not cancel a subscription.

What "Veteran Lifetime" means: "Lifetime" means a one-off payment for access to Athena's Veteran tier for as long as Quay Elements continues to publish Athena on the App Store, on platforms your device supports. It is not a promise that Athena will be published forever, and it is not tied to your lifetime. It does not include tiers you did not buy — an Advocate subscription is separate.

Refunds and price changes: Refunds are handled by Apple under the App Store terms; we cannot issue refunds for App Store purchases directly. Prices may change for new purchases and renewals, and we will give notice as required by the App Store rules and by law. Nothing in this section limits your rights under the Australian Consumer Law (see Section 10).

4. AI-Generated Content

Our applications use artificial intelligence models that run on your device to read your documents and produce summaries, extractions, timelines, suggested links to source material, and draft text.

This output can be wrong. AI models misread documents, miss information, mis-date events, and can state things that are not in your records at all. Output is a starting point for your own review — never a substitute for it.

You are responsible for anything you rely on or submit. Before you use any output for any purpose — and especially before you give it to DVA, a medical practitioner, an advocate, a lawyer, or a tribunal — you must read it, check it against your source documents, and correct it. You, not Quay Elements, are responsible for the accuracy of what you file.

5. Your Content, Your Responsibilities, and Your Backups

You keep all rights in the documents, records, and notes you put into our applications. We do not claim any licence over them. Our applications are specifically designed to process sensitive data locally on your device, and we do not monitor, access, or review the content you process within them in the ordinary operation of the Service. You acknowledge that:

• You are solely responsible for maintaining the physical and digital security of your device (e.g., passwords, biometric security).
• You are exclusively responsible for backing up your data. Because your data remains entirely on your device, we cannot recover it for you if your device is lost, damaged, reset, if the local database becomes corrupted, or if you delete the app. We strongly recommend creating regular encrypted export packages and storing them somewhere safe.
• You are responsible for keeping any exported package, and any passphrase protecting it, secure. We cannot recover a lost passphrase.

6. Advocates and Other People's Records

If you use our applications to hold or work on records about someone other than yourself — for example under an Athena Advocate subscription — the following apply in addition to everything else in these Terms.

You warrant that you are authorised. You must have that person's informed consent, or another lawful basis, to collect, hold, and handle their personal and health information. We do not verify your authority and have no way to do so.

You are the one responsible to them. You are responsible for complying with the Privacy Act 1988 (Cth), the Australian Privacy Principles, any applicable state or territory health records legislation, and any professional or accreditation obligations you are subject to. As between you and us, you — not Quay Elements — are the entity responsible for that information.

Device security is part of that. You are responsible for controlling who can access the device the records are held on, and for removing records when you no longer have a lawful basis to hold them.

7. Acceptable Use

You must not use our applications to break the law or violate any laws in your jurisdiction; to prepare or support a claim you know to be false; to handle information you have no right to handle; or to attempt to interfere with an application's security or licensing.

Athena is built on Google's Gemma models. Your use of those models is also subject to the Gemma Terms of Use and the Gemma Prohibited Use Policy, which apply to you directly as an end user. You must not use Athena's models in a way those policies prohibit. Links to the full notices are available in the app under Settings → Licences.

8. Third-Party Materials

Our applications include and download third-party models and open-source software, each under its own licence. Those licences govern that material, and some grant you rights directly. The full notices are available in the app under Settings → Licences.

Athena's knowledge base reproduces Commonwealth material under a Creative Commons Attribution 4.0 International licence. The Commonwealth does not endorse Athena.

Model files may be downloaded from Apple's asset servers or, where a model is not bundled, from the HuggingFace Hub. Those downloads fetch model files only and do not send your documents or records anywhere.

9. Intellectual Property

The Service and its original content (excluding personal data and content provided by you), features, and functionality are and will remain the exclusive property of Quay Elements and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Quay Elements.

10. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures you are entitled to a replacement or refund, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods or services remedied if they are not of acceptable quality and the failure does not amount to a major failure.

Where we are permitted to limit our liability for a failure to comply with a consumer guarantee, our liability is limited, at our option, to resupplying the services or paying the cost of having them resupplied.

11. Disclaimer of Warranties

Subject to Section 10, our Services are provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, we disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will function uninterrupted, be available at any particular time or location, be secure against every threat, that any errors or defects will be corrected, or that its output will be accurate or complete.

12. Limitation of Liability

Subject to Section 10, and to the maximum extent permitted by applicable law, in no event shall Quay Elements be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, opportunity, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service;
• Any conduct or content of any third party on the Service;
• Any content obtained from the Service;
• Unauthorised access, use, or alteration of your transmissions or content; and
• The loss, corruption, or unrecoverability of any data stored locally on your device, including loss caused by device failure, app instability, or your failure to keep backups.

Subject to Section 10, we are not liable for any decision made by DVA or any other body, or for any outcome of any claim.

Subject to Section 10, and to the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Services is limited to the amount you paid us for the relevant application in the 12 months before the event giving rise to the liability.

13. Indemnification

You agree to defend, indemnify, and hold harmless Quay Elements, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees), resulting from or arising out of:

• Your use and access of the Service;
• Your breach of these Terms; or
• Your use of the Service to assist or represent a third party (including, but not limited to, acting as an informal or formal advocate for another individual's DVA claims), and your handling of another person's information under Section 6,

except to the extent the claim, loss, or liability is caused by us.

14. Termination

You may stop using our applications at any time by deleting them. We may suspend or terminate your licence if you materially breach these Terms. Upon termination, your right to use the Service will immediately cease and you must stop using it. Content on your device remains yours; we cannot access it or remove it for you. Sections 4, 5, 6, 10, 12, 13, 15, and 16 survive termination.

15. App Store Platform Terms

Athena is distributed exclusively through the Apple App Store. As such, the following provisions are required by Apple Inc. ("Apple") and apply to your use of the application:

• Acknowledgment: You and Quay Elements acknowledge that these Terms are an agreement between you and Quay Elements only, and not with Apple. Quay Elements, not Apple, is solely responsible for the Service and its content.
• Scope of License: The license granted to you in Section 3 is limited to a non-transferable right to use the Service on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
• Maintenance and Support: Quay Elements is solely responsible for providing any maintenance and support services for the Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
• Warranty: Quay Elements is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in Section 11. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Service to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
• Product Claims: You acknowledge that Quay Elements, not Apple, is responsible for addressing any claims relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• Intellectual Property Rights: In the event of any third-party claim that the Service or your possession and use of the Service infringes that third party's intellectual property rights, Quay Elements, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• Legal Compliance: By using the Service, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-Party Beneficiary: You and Quay Elements acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

16. Governing Law

These Terms shall be governed and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions. You and we submit to the non-exclusive jurisdiction of the courts of Queensland and the courts able to hear appeals from them. If any provision is found unenforceable, it is severed and the rest continues to apply.

17. Availability and Changes

We may update, change, or discontinue our applications or any of their features. Some features depend on your device, operating system version, and Apple platform services, and may not be available on every device.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we make a material change we will bring it to your attention in the app, and continuing to use the Services after that means you accept the change.

18. Contact Us

If you have any questions about these Terms, please contact us at contact@quayelements.com.au.