Refund and Cancellation Policy

OTIUM CREATIONS (PTY) LTD

Effective Date: 03 December 2025

1. OVERVIEW

1.1 Our Commitment

Otium Creations (Pty) Ltd ("we," "us," or "our") is committed to customer satisfaction. This Refund and Cancellation Policy ("Policy") explains your rights and our procedures regarding refunds, cancellations, and billing disputes for Atlas and related services (the "Services").

1.2 Service Eligibility

Our Services are intended for users 18 and older, as described in our Terms of Service.

1.3 Incorporation by Reference

This Policy is incorporated into and forms part of our Terms of Service. Capitalized terms not defined here have the meanings given in the Terms of Service.

1.4 Payment Processor

Bright Market, LLC d/b/a FastSpring ("FastSpring") serves as our Merchant of Record and handles all payment processing, refunds, and related financial transactions. Certain aspects of this Policy are subject to FastSpring's terms and capabilities.

2. SUBSCRIPTION CANCELLATION

2.1 Right to Cancel

You may cancel your subscription at any time. Cancellation does not immediately terminate access; you retain access through the end of your current billing period.

2.2 How to Cancel

You may cancel through:

• Account Settings: Self-service cancellation in your account dashboard
• FastSpring Portal: Direct cancellation through FastSpring's customer portal
• Email Request: Send cancellation request to support@otiumcreations.com

2.3 Cancellation Effective Date

• Cancellations take effect at the end of the current billing period
• No further charges occur after the current period expires
• Access to paid features continues until period end
• Data retention follows our Privacy Policy

2.4 Cancellation Confirmation

You will receive email confirmation of cancellation containing:

• Cancellation effective date
• Last date of paid access
• Data retention information
• Re-subscription instructions

3. REFUND ELIGIBILITY

3.1 7-Day Money-Back Guarantee

First-Time Subscribers

• New paid subscriptions include a 7-day money-back guarantee
• Request must be submitted within 7 days of initial purchase
• Applies only to first paid subscription per account
• Full refund of initial payment

Nothing in this Policy affects your mandatory rights under applicable consumer protection laws.

3.2 Ineligible for Refunds

The following are NOT eligible for refunds:

• Renewal charges after initial subscription period
• Subscriptions beyond the 7-day guarantee period
• Partial month/period after cancellation
• Free tier usage
• If you have substantially used Studio tier benefits (e.g., client management, exports), refunds may not apply beyond the 7-day guarantee, except where required by law
• Accounts terminated for Terms violations

3.3 Exceptional Circumstances

We may consider refunds outside standard policy for:

• Documented medical emergencies
• Death of account holder
• Technical issues preventing service access (our fault)
• Unauthorized charges (with documentation)
• Billing errors

4. REFUND REQUEST PROCESS

4.1 How to Request

Submit refund requests via:

• Email: support@otiumcreations.com
• FastSpring Support: Direct refund requests through FastSpring
• In-App: Support request feature (where available)

4.2 Required Information

Include in your request:

• Account email address
• Transaction ID or invoice number
• Date of purchase
• Reason for refund request
• Supporting documentation (if applicable)

4.3 Processing Timeline

• Acknowledgment: Within 2 business days
• Review Decision: Within 5 business days
• Refund Processing: 5-10 business days after approval
• Bank Processing: Additional 3-7 business days depending on your bank

4.4 Refund Method

Refunds are issued to the original payment method unless:

• Original method is no longer valid
• Alternative arrangement agreed in writing
• Technical limitations require alternative method

5. BILLING DISPUTES

5.1 Dispute Resolution

For billing disputes:

1. Contact us first at support@otiumcreations.com
2. Provide transaction details and dispute reason
3. We investigate within 5 business days
4. If unresolved, you may contact FastSpring directly
5. As last resort, contact your payment provider

5.2 Duplicate Charges

If charged multiple times for the same period:

• Immediate refund of duplicate charges
• No request deadline applies
• Automatic investigation triggered

5.3 Unauthorized Charges

For unauthorized charges:

• Report immediately upon discovery
• Provide evidence of unauthorized use
• We investigate and coordinate with FastSpring
• May require filing police report for fraud

6. SUBSCRIPTION CHANGES

6.1 Upgrades

When upgrading subscriptions:

• Immediate access to higher tier features
• Prorated charge for remainder of current period
• New rate applies from next billing cycle
• No refund if you later downgrade

6.2 Downgrades

When downgrading subscriptions:

• Change effective at next billing cycle
• No partial refunds for current period
• Continued access to higher tier until period ends
• Data adjusted per lower tier limits after change

6.3 Pausing Subscriptions

We currently do not offer subscription pausing. You may:

• Cancel and resubscribe later
• Downgrade to Free tier
• Contact support for exceptional circumstances

7. FREE TRIALS AND PROMOTIONS

7.1 Free Trial Terms

If offered a free trial:

• Valid payment method required
• Automatic conversion to paid unless cancelled
• Cancel before trial ends to avoid charges
• One free trial per account/payment method

7.2 Promotional Pricing

For promotional subscriptions:

• Refund based on promotional price paid
• Promotions cannot be retroactively applied
• Terms specific to each promotion apply
• Regular pricing applies after promotion ends

7.3 Credits and Vouchers

Service credits or vouchers:

• Non-refundable and non-transferable
• Must be used within specified period
• Cannot be exchanged for cash
• Apply to future charges only

8. REGIONAL VARIATIONS

8.1 European Union

EU residents have additional rights under consumer protection laws:

• Right to withdrawal (cooling-off period) for digital services
• By beginning use of the Services immediately upon purchase, you expressly consent to waive your right to the standard 14-day withdrawal period in favor of our 7-day money-back guarantee
• Clear information before purchase required

8.2 South Africa

South African residents' rights under the Consumer Protection Act:

• Right to cancel fixed-term agreements
• Cooling-off period for direct marketing
• Protection against unfair contract terms

8.3 Other Jurisdictions

Where local laws provide greater consumer protections:

• Local law minimums apply
• Additional cancellation rights may exist
• Mandatory refund periods respected

9. PAYMENT FAILURES

9.1 Failed Payment Attempts

If payment fails:

• Multiple retry attempts over several days
• Email notification of payment issue
• Grace period to update payment method
• Service suspension after continued failure

9.2 Service Restoration

After resolving payment issues:

• Immediate restoration upon successful payment
• No refund for suspension period
• Possible data limitations per our retention policy

9.3 Insufficient Funds

Fees charged by your bank for insufficient funds:

• Not covered by us or refundable
• Your responsibility to manage
• May result in service suspension

10. CURRENCY AND TAXES

10.1 Currency Conversion

• Prices displayed in USD unless otherwise specified
• Your bank may charge conversion fees
• Exchange rate fluctuations not refundable
• Refunds processed in original currency

10.2 Taxes

• Prices exclude taxes unless stated
• Applicable taxes added at checkout
• Tax refunds included with service refunds
• Tax exemption certificates must be provided in advance

11. SPECIAL CIRCUMSTANCES

11.1 Death or Incapacity

In case of account holder death or incapacity:

• Immediate cancellation upon notification
• Prorated refund may be provided
• Requires appropriate documentation
• Data handled per Privacy Policy

11.2 Technical Issues

For service outages or technical problems:

• Credits for extended outages (our fault)
• No refunds for minor interruptions
• Compensation per Service Level Agreement (Studio tier)
• Force majeure events excluded

11.3 Account Termination

If we terminate your account:

• For cause (violations): No refund
• Without cause: Prorated refund
• Immediate cessation of access
• Data retention per Privacy Policy

12. LIMITATIONS

12.1 No Guarantees

Refunds not guaranteed for:

• Change of mind after 7 days
• Non-use of services
• Dissatisfaction with AI responses
• Feature changes or removals
• Third-party integration issues

12.2 Abuse Prevention

We reserve the right to:

• Deny refunds for suspected abuse
• Limit refund requests per account
• Require additional verification
• Report fraudulent requests

12.3 Final Decision

Our refund decisions are final, except where consumer protection laws provide otherwise.

Nothing in this Policy affects your mandatory rights under applicable consumer protection laws.

13. RECORD KEEPING

13.1 Transaction Records

We maintain records of:

• All subscription transactions
• Refund requests and decisions
• Billing disputes and resolutions
• Cancellation requests

13.2 Your Records

We recommend you keep:

• Receipt emails
• Transaction confirmations
• Cancellation confirmations
• Refund confirmations

14. CONTACT INFORMATION

For Refund Requests:

Email: support@otiumcreations.com

FastSpring Support:

Website: https://fastspring.com/contact
Available for direct payment issues

Company Information:

Otium Creations (Pty) Ltd
Address: Sandton, Gauteng, 2169, South Africa

15. POLICY UPDATES

We may update this Policy to reflect:

• Service changes
• Legal requirements
• Payment processor changes
• Customer feedback

Updates communicated via email or Service announcements. Continued use after updates constitutes acceptance.

16. GOVERNING LAW

This Policy is governed by South African law. Disputes are subject to the dispute resolution provisions in our Terms of Service.

By using our Services, you acknowledge that you have read, understood, and agree to this Refund and Cancellation Policy.