Terms of Use

Terms of Use

Effective Date: 19 February 2026
Last Updated: 21 July 2026

These Terms of Use govern your access to and use of the website operated by Genix Digital Pty Ltd, trading as Genix Digital, and the AI Markit platform, together with any related services, tools, features, content, consultations, communications, and software we provide. In these Terms, “Genix”, “we”, “our”, or “us” means Genix Digital, and “you” means the person or business using our website, platform, or services.

By using our website, submitting an enquiry, booking a consultation, creating an account, using AI Markit, or engaging our services, you agree to these Terms.

1. Australian Consumer Law

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

Where you acquire services as a consumer under the Australian Consumer Law, statutory consumer guarantees may apply.

2. Scope of these Terms

These Terms apply to: a. the Genix Digital website at www.genixdigital.com, b. the AI Markit platform, c. any account you create with us, d. any free consultation, enquiry, or onboarding process, e. any agency, marketing, automation, CRM, AI, or related services we provide, and f. any communications we send in connection with those services.

If there is any inconsistency between these Terms and a signed services agreement, proposal, or statement of work, that signed document will prevail to the extent of the inconsistency.

3. Website and platform use

You agree not to:
a. use the website or AI Markit for any unlawful, harmful, fraudulent, misleading, or abusive purpose,
b. attempt unauthorised access to any account, system, network, database, or data,
c. upload, submit, transmit, or store malicious code, spam, or harmful material,
d. interfere with the operation, security, or performance of the website or platform;
e. copy, scrape, reproduce, reverse engineer, republish, or misuse our website, platform, content, or systems except as permitted by law,
f. use the platform to infringe another person’s rights, including privacy, confidentiality, copyright, or trade mark rights,
g. use AI Markit to generate unlawful, deceptive, defamatory, discriminatory, or infringing content.

We may suspend, restrict, or terminate access to the website or platform if we reasonably believe you have breached these Terms, created risk for us or others, or used the services in a way that is unlawful or harmful.

4. AI Markit platform use

AI Markit is an AI-powered business platform made available by us as part of our services.

You acknowledge and agree that:
a. AI-generated outputs may not always be complete, accurate, or suitable for your needs.
b. you are responsible for reviewing and approving any content, output, recommendation, automation, or business decision before relying on it,
c. AI Markit is provided as a tool to assist your business processes, not as legal, financial, accounting, or regulated professional advice.
d. We do not use your platform data or inputs to train public AI models.
e. Data you store in AI Markit is retained while you remain a user of the platform, and
f. Once you leave the platform, we will delete your platform data within a reasonable period, subject to any legal or technical retention needs.

5. Account access and security

You are responsible for maintaining the confidentiality of your account details, login credentials, and access devices.

You must notify us promptly if you suspect unauthorised access, account misuse, or a security issue.

Based on the information you provided, access to client data in AI Markit is intended to be limited to the client. If you authorise another person to access your account or connected systems, you are responsible for that access and any actions taken through it.

6. Client content and data

You retain ownership of the information, content, business materials, contact data, prompts, files, and other data you submit to us or upload into AI Markit or connected systems, subject to any rights needed for us to provide the services.

You grant us a non-exclusive, revocable right to host, store, process, transmit, and use that data only to the extent reasonably necessary to: a. provide and maintain the website, platform, and services, b. support CRM, automation, and communication functions, c. troubleshoot, secure, and improve service delivery, d. comply with legal obligations, and e. enforce our rights and agreements.

You warrant that you have all rights, permissions, and consents needed to provide any personal information, contact lists, business data, messages, or other materials you submit or upload.

7. CRM and third-party systems

We use GoHighLevel as our CRM solution and may use other third-party tools, providers, or integrations to operate our website, platform, communications, analytics, hosting, payments, and service delivery.

You acknowledge that: a. third-party systems may have their own terms, policies, uptime limits, and technical restrictions, b. your use of certain features may depend on those systems remaining available, c. outages, delays, policy changes, suspensions, or restrictions imposed by third-party providers may affect service delivery, and d. to the extent permitted by law, we are not responsible for third-party outages or changes outside our reasonable control.

8. Consent to communications

By submitting your details to us, using our services, or giving consent through our forms, account processes, or other interactions, you agree that we may contact you using the contact details you provide for service, support, account, and marketing purposes, where permitted by law.

This may include: a. email, b. SMS, c. automated email messages, d. automated SMS messages, e. WhatsApp messages, including automated or follow-up messages where you have consented, f. service notifications, reminders, onboarding messages, and related communications.

Where required by law, we will seek the appropriate consent before sending commercial electronic messages.

You can opt out of marketing communications at any time by using the unsubscribe option, replying with the stated opt-out instruction where available, or contacting us directly. Opting out of marketing will not prevent us from sending essential service or account messages.

9. Free consultations and enquiries

When you submit an enquiry or book a consultation, we collect and use the information you provide to: a. respond to your request, b. schedule and deliver the consultation, c. communicate with you about the services you asked about, and d. follow up on your interest in our services, subject to your marketing preferences and applicable law.

10. Paid services

All paid services are governed by a separate written proposal, statement of work, service agreement, or invoice terms, which may set out scope, deliverables, timelines, fees, approvals, responsibilities, variations, and termination rights.

Unless otherwise agreed in writing: a. fees are payable as stated in the relevant proposal, invoice, or agreement, b. fees are exclusive of GST unless stated otherwise, and c. we may suspend services for overdue invoices and recover reasonable collection costs where permitted by law.

11. Intellectual property

Unless otherwise stated, all rights in the website, AI Markit platform, branding, design, software, text, graphics, templates, videos, processes, and other materials provided by us are owned by or licensed to us.

You must not reproduce, modify, distribute, sell, sublicense, exploit, or create derivative works from our materials except as permitted by law or agreed by us in writing.

Ownership and licensing of client deliverables created as part of paid services will be governed by the relevant service agreement, proposal, or statement of work.

12. Performance and no guarantee

We provide our services using reasonable care and skill, subject to any non-excludable consumer guarantees.

You acknowledge that results from marketing, automation, AI tools, CRM workflows, advertising, SEO, content, or related services depend on factors outside our control, including market conditions, budgets, platforms, algorithms, data quality, timing, user action, and your approvals.

For that reason, we do not guarantee specific outcomes such as revenue, lead volume, response rates, rankings, conversions, or business growth.

13. Privacy

Our collection, use, disclosure, storage, and handling of personal information is governed by our Privacy Policy and applicable privacy laws, including the Privacy Act 1988 (Cth), the Australian Privacy Principles, and where applicable, the Spam Act 2003 (Cth) and GDPR-related rules.

14. Suspension and termination

We may suspend or terminate access to the website, AI Markit platform, or related services if: a. you breach these Terms,
b. you fail to pay amounts due,
c. we reasonably suspect unlawful, abusive, or unsafe conduct,
d. a third-party provider suspension or technical issue affects our ability to provide the service, or
e. we decide to discontinue a feature, service, or platform offering.

You may stop using the platform at any time. If you leave the platform, your stored data will be deleted within a reasonable period, subject to legal obligations and any limited technical backup retention.

15. Limitation of liability

To the maximum extent permitted by law, we exclude liability for indirect, incidental, special, or consequential loss, including loss of profit, revenue, goodwill, business opportunity, or data.

To the extent we are liable to you for services, our liability is limited, at our option and to the extent permitted by law, to: a. re-supplying the relevant services, or b. paying the cost of having the relevant services re-supplied.

This clause does not apply to liability that cannot lawfully be excluded or limited.

16. Indemnity

You agree to indemnify us against losses, damages, liabilities, claims, and reasonable costs arising from:
a. your breach of these Terms,
b. your unlawful use of the website, AI Markit platform, or related services,
c. your breach of any law or third-party right, or
d. any data, content, messages, or material you submit, upload, or cause to be processed through our systems,

except to the extent caused by our negligence, fraud, or breach of law.

17. Changes to these Terms

We may update these Terms from time to time by publishing the updated version on our website or otherwise making it available through our platform.

Your continued use of the website, platform, or services after updated Terms are published constitutes acceptance of the updated Terms.

18. Governing law

These Terms are governed by the laws of Australia.

You submit to the non-exclusive jurisdiction of the courts of the Commonwealth of Australia and the courts of each State and Territory of Australia.

19. Contact

Genix Digital Website: www.genixdigital.com 
Email: info@genixdigital.com 
For legal enquiries, use the subject line: Legal Enquiry