Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") are a binding agreement between you and noIM3 Pty Ltd (ACN 696 098 316), trading as noIM₃ ("noIM₃", "we", "us", "our"), a company incorporated in Australia with its registered office in Adelaide, South Australia.

By creating an account, accessing or using the website at noim3.com, the noIM₃ platform (the "Platform"), or by purchasing or receiving any Service from us, you agree to be bound by these Terms. If you do not agree, you must not use our website, the Platform or any Service.

These Terms apply to all users, including visitors, registered users, subscribers and clients engaging us for ACMA Services, Professional Services or Training. We may change these Terms. If a change is worse for you, we will email your registered address at least 30 days before it takes effect. You can cancel before then, and we will refund the unused part of any period you have paid for in advance. Other changes take effect when we publish them here. Continuing to use the Services after a change takes effect means you accept the updated Terms.

2. Our Services

noIM₃ provides professional RF and electrical engineering services across four service lines (together, the "Services"). Our director is accredited by the ACMA for frequency assignment (an "accredited person"), and we coordinate frequencies and lodge apparatus licence applications under that accreditation.

• RF Tools: browser‑based, self‑service software on the Platform, including frequency planning, intermodulation analysis, point‑to‑point and HF link planners, Erlang and coverage tools, and BESS/solar design utilities, offered on subscription tiers (Standard, Flex, Pro, Elite, Enterprise).
• ACMA Services: RF frequency planning and coordination services supporting applications for apparatus licences issued by the Australian Communications and Media Authority ("ACMA"), including land mobile (P2A), point‑to‑point (P2P) and other apparatus licence types we agree to take on, with frequency assignment (where the licence type requires one) and lodgement carried out by our accredited person.
• Professional Services: engineering consulting, including RF, electrical and EME design, studies and reports; custom software; and ongoing management of ACMA licences on your behalf. Each is quoted before work starts.
• Training: self‑paced online courses and learning materials, bought through the Platform.

Where a Statement of Work, accepted quote, order form, Enterprise agreement or other written agreement (an "SOW") applies to a Service, that document prevails over these Terms to the extent of any inconsistency, but only in relation to that engagement.

We may change, suspend or discontinue any feature, tool or Service, with reasonable notice where practicable. If we remove a feature or tool that is part of a plan you pay for, we will email you at least 30 days before. You can cancel before then, and we will refund the unused part of any period you have paid for in advance. Apart from that, we are not liable for any change, suspension or discontinuation, except where required by law.

3. Eligibility and Accounts

The Services are intended for professional use by engineers, licensees, integrators, operators and organisations. You must be at least 18 years old and, where acting on behalf of an organisation, authorised to bind that organisation to these Terms.

When you create an account, you agree to:

• Provide accurate, current and complete information.
• Maintain and promptly update your account details.
• Keep your credentials secure and not share them with any third party.
• Accept responsibility for all activity occurring under your account.
• Notify us immediately of any suspected unauthorised use.

We may suspend or terminate accounts that breach these Terms, are linked to fraud or abuse, or that we reasonably consider create unacceptable risk to other users, the Platform or spectrum integrity. We may also close an account that has been inactive for an extended period. We treat that as closing it for convenience under Section 14: we give you 30 days' notice by email, and refund your unused purchased credits and any fees paid in advance for Services not yet delivered.

4. Subscriptions, Fees and Payment

4.1 RF Tools subscriptions

RF Tools are offered on a subscription basis across Standard, Flex, Pro, Elite and Enterprise tiers. Current tiers, features, limits and pricing are set out on the Pricing page. We may modify pricing or tier inclusions with reasonable notice; changes apply from the start of your next billing period.

4.2 ACMA Services and Professional Services fees

ACMA Services and Professional Services are quoted before work starts and charged as set out in the quote you accept. Our fees do not include ACMA apparatus licence fees, spectrum licence fees, or fees payable to third parties such as incumbent licensees or nominated licensees; those remain your responsibility. Where we pay ACMA fees on your behalf, we invoice you for them at cost.

4.3 Training fees

Course fees are shown on the course page and paid at checkout.

4.4 Billing and payment

Prices on the Platform and in our quotes are in Australian dollars and exclude GST, which is added at checkout or on our invoice. Subscriptions are billed in advance on a recurring basis (monthly or annually as selected). Subscriptions, credit packs and courses are paid through Stripe, our third‑party payment provider. ACMA Services and Professional Services are invoiced through Xero and are payable within 14 days of the invoice date. By subscribing or placing an order, you authorise recurring or one‑off charges (as applicable) to your nominated payment method. If a subscription payment is not made, we may move your account to the Standard tier without notice. We may suspend other Services for overdue amounts.

4.5 Cancellation and refunds

You may cancel your subscription at any time from your Account page. Cancellation takes effect at the end of the current billing period and you retain access until then. We do not provide refunds for partial billing periods or for ACMA coordination work that has commenced, except for a change that is worse for you (Sections 1 and 2) or where required by law (including the Australian Consumer Law). ACMA coordination work commences when you approve our quote.

Training courses are not refunded once bought, except where required by law (including the Australian Consumer Law).

Our Refund Policy sets out the detail, including how changes to ACMA work are charged and what we refund when we make a mistake.

4.6 Credits

Some reports and studies on the Platform are paid for with credits. Your tier may include a monthly credit allowance, shown on your Account page. The allowance resets every 30 days and unused allowance does not carry over.

You can also buy credit packs. Purchased credits do not expire while your account is open. Credits have no cash value and are not refunded, including when you close your account, except where required by law (including the Australian Consumer Law). If we close your account for convenience under Section 14, or stop offering the reports and studies that credits pay for, we will refund your unused purchased credits. If a report or study fails to build because of a fault on our side, we automatically return the credits it used to the balance they came from.

4.7 Free trial

A new account receives a 14‑day trial of the Pro tier when its email address is verified. No payment details are needed. When the trial ends, the account moves to the Standard tier unless you subscribe. Work you saved in Pro tools during the trial is kept, and you can open it again on a tier that includes those tools.

One trial is available per person or organisation. We may end a trial obtained by opening extra accounts, and we may stop offering trials to new accounts at any time.

5. Acceptable Use

You must not, and must not permit any third party to:

• Use the Services in breach of any law, regulation or licence condition, including the Radiocommunications Act 1992 (Cth) and associated instruments.
• Infringe the intellectual property, privacy or other rights of noIM₃ or any third party.
• Upload or transmit harmful, offensive, misleading or unlawful content.
• Attempt to gain unauthorised access to any part of the Platform, its infrastructure, our databases, the admin console or other users' data.
• Reverse engineer, decompile, disassemble or otherwise attempt to extract the source code or underlying models of the Platform, including the noIM₃ frequency planning and scoring engines, except to the extent this restriction is prohibited by law.
• Use automated means (bots, scrapers, crawlers) to access the Platform, bulk‑extract the ACMA spectrum data surfaced by the Platform, or circumvent rate limits, without our prior written consent.
• Resell, sublicense or share access to the Platform, including your login, without an Enterprise or reseller arrangement with us. Using the Platform to produce work for your own clients is allowed (see Section 8).
• Use Platform outputs, coordination reports or other deliverables for fraudulent, misleading or harmful purposes, or misrepresent them as frequency assignments made by an accredited person where no such assignment or lodgement has been performed.
• Interfere with, disrupt or impair the integrity, performance or security of the Platform.

6. ACMA Services and Professional Services: Specific Terms

6.1 ACMA Services

In addition to the general Terms, the following apply to ACMA Services.

• Accurate inputs. You are responsible for the accuracy and completeness of the inputs you provide, including site coordinates, antenna details, equipment parameters, licensee details and intended use. We may rely on those inputs without independent verification.
• Authority to act. Where you place an order on behalf of a nominated licensee or end client, you warrant that you are authorised to do so and to share the relevant information with us, the ACMA, other accredited persons and, where required, incumbent licensees.
• Frequency assignment and lodgement. Where you engage us for ACMA Services, frequency assignment (where the licence type requires one) is performed by our accredited person, and the application is lodged with the ACMA on your behalf. All coordination outputs are subject to director review before lodgement.
• Self‑service outputs are advisory. Results you generate yourself using the RF Tools are advisory engineering aids only. They are not frequency assignments made by an accredited person, are not lodged with the ACMA by us, and do not of themselves authorise the use of any frequency. Only deliverables produced under an engagement for ACMA Services constitute a frequency assignment made by our accredited person.
• Certifying a report. Some reports let you add a certification. It is made by the person who signs it, not by noIM₃. You warrant that anyone who certifies a report under your account is suitably qualified and has reviewed and verified it. noIM₃ does not check, endorse or share responsibility for a certification.
• Regulatory decisions. The grant, variation, renewal or refusal of any licence is a matter for the ACMA. We do not warrant that any application based on our outputs will be granted.
• Late payment. Where a lodgement or renewal needs fees paid to us or to the ACMA, we may wait until you have paid our invoice before we lodge or renew. If you do not pay in time for us to act before a deadline, including a licence expiry date, you are responsible for the result, including any delay, lapse or loss of the frequency, and for the cost of any work needed to restore the licence.
• Conflicts of interest. Before we take on work, we check whether it conflicts with work for another client or with our own interests. If it does, we will tell you, and if the conflict cannot be managed we will not take the work on.
• Record‑keeping. We retain coordination records in line with our accreditation and regulatory record‑keeping obligations, as further described in our Privacy Policy.

6.2 Professional Services

• Quotes. We quote the scope, price and timeline before work starts. Work outside the quoted scope is quoted separately before we do it.
• Inputs and authority. The accurate inputs and authority to act terms in Section 6.1 also apply to Professional Services.
• Deliverables. Ownership of the reports, designs and software we produce for you is set out in Section 8.

6.3 Managed licences

Where we manage ACMA licences on your behalf:

• What we do. We are recorded as your nominated contact with the ACMA, track the expiry of each licence we manage, arrange its renewal, and carry out accredited person work when an assignment has to change. You remain the licensee.
• Fees. The management fee is charged per licence per year, as quoted. We pay the ACMA fees for the licences we manage and invoice you for them (Section 4.4).
• Your part. You must tell us about changes to your sites, equipment or contact details, and pay our invoices on time. We are not responsible for a lapse caused by information you did not give us, or by late payment (see Late payment in Section 6.1).
• If we make a mistake. If a licence we manage lapses because of our error, we will redo the work needed to restore it, including a new frequency assignment if one is needed, at no charge for our work. The ACMA decides whether a licence is issued, and the same frequency may no longer be available. Beyond that, Section 11 applies.
• Ending the service. Either of us may end the service with 30 days' written notice. The fee for the current year is not refunded, except for a change that is worse for you (Sections 1 and 2) or where required by law (including the Australian Consumer Law). When the service ends, we will ask the ACMA to record you, or a contact you nominate, in our place.

7. Training: Specific Terms

• Courses are self‑paced and bought per person through the Platform.
• You can access a course you have bought for as long as we offer it, including revisions we make to it.
• Training materials are licensed to the enrolled individual for their own professional learning and may not be reproduced, redistributed or used to deliver competing training without our written consent.
• Certificates of completion evidence successful assessment only. They are professional development, not a nationally recognised qualification, and noIM₃ is not a registered training organisation. They do not constitute a regulatory accreditation or licence.

8. Intellectual Property

The Platform, the noIM₃ frequency planning and scoring engines, the website, our documentation, training materials, templates, report formats and all related content and software (the "noIM₃ IP") are owned by noIM₃ or our licensors and are protected by Australian and international intellectual property laws.

Subject to these Terms and payment of applicable fees, we grant you a limited, non‑exclusive, non‑transferable, revocable licence to access and use the noIM₃ IP for your professional purposes, including work you carry out for your own clients, such as licence applications, engineering designs and reports.

Reports, calculations, designs, exports and other results you generate with the Platform ("Outputs") are yours to use. You may copy and adapt them, include them in your own deliverables, and give them to your clients, employers and project partners. Your right to use Outputs does not end when your subscription ends. Outputs remain subject to Section 6 (self‑service outputs are advisory) and Section 10 (review by a suitably qualified engineer).

You retain ownership of the data and inputs you provide ("Client Data"). You grant us a non‑exclusive, worldwide licence to host, process and use Client Data for the purposes of providing the Services, supporting you, meeting our legal and regulatory obligations, and improving the Services (including in aggregated or de‑identified form that does not identify you).

Deliverables produced under an SOW are owned or licensed as set out in that SOW. Where an SOW is silent, we retain ownership of our tools, methodologies and background IP and grant you a perpetual licence to use the specific deliverable for the purpose for which it was commissioned.

9. Confidentiality

Each party must keep confidential any non‑public information disclosed by the other in connection with the Services, including technical designs, pricing, licensee details, network configurations and site information, and must only use it for the purposes of these Terms or the relevant engagement. This obligation does not apply to information that is public, already known, independently developed, or required to be disclosed by law, regulator or court order.

10. Disclaimer of Warranties

Subject to Section 12 (Australian Consumer Law), the Services and all outputs are provided "as is" and "as available" without warranties of any kind, express or implied, to the maximum extent permitted by law. In particular, we do not warrant that:

• Calculation results, coordination reports or other outputs are error‑free, complete or suitable for any specific purpose.
• The Platform will be uninterrupted, secure, timely or available at all times.
• Outputs will meet the requirements of the ACMA, any other regulator, or any third party.
• Third‑party data surfaced through the Platform (including ACMA RRL data, terrain data and antenna pattern data) is current, accurate or complete.

Engineering outputs must be reviewed and verified by a suitably qualified engineer before being relied on for regulatory submissions, safety‑critical decisions or commercial deployments.

Outputs are provided to you, not to anyone you give them to. We owe no duty of care to your clients or any other third party who receives or relies on an Output, and you are responsible for the advice and deliverables you give them.

11. Limitation of Liability

To the maximum extent permitted by law, and subject to Section 12, we are not liable for any indirect, incidental, special, consequential or punitive loss, or for loss of profits, revenue, business, goodwill, anticipated savings, data or use, arising out of or in connection with the Services, even if advised of the possibility of such loss.

Our total aggregate liability to you arising out of or in connection with the Services in any 12‑month period is limited to the fees paid by you to us for the relevant Service in that 12‑month period, or AUD $1,000, whichever is greater. Separate caps apply to each Service line.

12. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded or limited.

To the extent we are permitted to limit our liability for a breach of a non‑excludable consumer guarantee in respect of Services that are not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited, at our option, to:

• Re‑supplying the Services; or
• Paying the cost of having the Services supplied again.

13. Indemnification

You agree to indemnify and hold harmless noIM₃ and its officers, directors, employees, contractors and agents from and against any claims, damages, losses, liabilities and reasonable expenses (including legal fees) arising out of or in connection with: (a) your use of the Services in breach of these Terms; (b) your Client Data, including any claim that it infringes a third party's rights; (c) your breach of any law or licence condition; (d) any representation you make to the ACMA or a third party in reliance on our outputs that goes beyond their scope or qualifications; or (e) any claim by your client, or another third party you give an Output to, arising out of their use of or reliance on that Output.

14. Suspension and Termination

We may suspend or terminate your access to the Services immediately if you breach these Terms, fail to pay fees when due, or if we reasonably consider your use creates legal, regulatory or security risk. We may also terminate for convenience on 30 days' notice, in which case we will refund any pre‑paid fees for Services not yet delivered. If we suspend or terminate because you breached these Terms, we do not refund fees you have paid, except where required by law (including the Australian Consumer Law).

On termination, your right to use the Services ends. Provisions that by their nature should survive termination (including Sections 8, 9, 10, 11, 12, 13 and 16) will do so.

15. Force Majeure

Neither party is liable for failure or delay in performance to the extent caused by events beyond its reasonable control, including natural disasters, fires, floods, pandemics, acts of government, war, terrorism, strikes, failures of internet service providers, cloud infrastructure outages or widespread telecommunications failures. The affected party must notify the other promptly and use reasonable efforts to mitigate the impact.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of South Australia, Australia. Each party submits to the non‑exclusive jurisdiction of the courts of South Australia and courts competent to hear appeals from them for resolution of any dispute arising under these Terms. Before commencing proceedings (other than for urgent interlocutory relief), the parties must use good faith efforts to resolve the dispute by negotiation.

17. General

• Entire agreement. These Terms, together with the Privacy Policy, the Refund Policy and any applicable SOW, form the entire agreement between you and noIM₃ regarding the Services.
• Assignment. You may not assign these Terms without our written consent. We may assign them to a related body corporate or in connection with a sale of our business.
• Severability. If any provision is held unenforceable, the remainder of these Terms continues in full force.
• No waiver. Failure to enforce any right is not a waiver of that right.
• Notices. We may give notices via the Platform, by email to your registered address, or via noim3.com. You may give notices to us via noim3.com/contact or the email address in Section 18.
• Relationship. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between the parties.

18. Contact

noIM3 Pty Ltd (trading as noIM₃)
ACN: 696 098 316
ABN: 60 696 098 316
Registered address: 62 Hiller Rd Reynella, Adelaide, South Australia, 5161
Email: costa.manavis@noim3.com
Web: noim3.com/contact

We aim to respond to questions about these Terms within 2 business days.