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shouldnt this be a draw..

Stockfish says mate in 14 after Qh5+. This is obviously a loss.
That's unfortunately irrelevant to how time-outs are judged, BossChess.
FIDE Laws of Chess A.4.3., applicable to all games of under 1 hour/player/game:
"...the game is drawn if the position is such that the claimant cannot checkmate the player’s king by any possible series of legal moves."
Here such a series of legal moves leading to checkmate exists as #2 indicates, hence white lawfully lost on time.
If you dislike it, then play with increment.
White can lose aftef droping queen and exchange pawn to knight ;)
Actually, I was looking for solution with queen and knight but can't find. Maybe someone can.

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