Terms of Service

Last Updated: March 30, 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 Australian Defence Force (ADF), the Australian Government, or any other government agency.

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.

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, non-exclusive, non-transferable, revocable license to download, install, and use our applications for your personal use, or for use in assisting another person where you are authorised to do so, subject to these Terms.

Payments and Subscriptions: Athena offers auto-renewing subscriptions. Payments are managed exclusively by Apple via your Apple Account. Your subscription will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current billing 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.

4. User Responsibilities & Data Security

Our applications are specifically designed to process sensitive data locally on your device. We do not monitor, access, or review the content you process within our applications 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, if the local database becomes corrupted, or if you delete the app. We strongly recommend creating regular secure backups of the content within Athena.
  • You must not use our services for any illegal purpose or to violate any laws in your jurisdiction.

5. 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.

6. Disclaimer of Warranties

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, or available at any particular time or location, or that any errors or defects will be corrected.

7. Limitation of Liability

To the maximum extent permitted by applicable law (including the Australian Consumer 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, 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.

Our liability for any guarantee or warranty that cannot be excluded by law is limited to the resupply of the service or the payment of the cost of having the service resupplied.

8. 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).

9. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service and delete the application from your device.

10. 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 6. 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.

11. 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.

12. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

13. Contact Us

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