Terms and Conditions

Effective Date: 25 April 2026

1. Acceptance of Terms

Welcome to ClixMark. ClixMark is a business name operated by Luke Richards (ABN 38 771 204 317), a sole trader registered in New South Wales, Australia ("we," "our," or "us"). By accessing our website at https://www.clixmark.com (the "Site") or using any of our services — including web design, custom dashboards, mobile applications, and AI-powered business automation (collectively, the "Services") — you agree to be bound by these Terms and Conditions (the "Terms"). If you do not agree to these Terms, you must not use our Site or Services.

2. Description of Services

ClixMark provides digital solutions primarily for B2B clients, including but not limited to:

  • Mobile Apps: Custom-branded applications for order management, customer tracking, and stock visibility.

  • Custom Dashboards: White-labelled, real-time analytics, CRM, and inventory management tools.

  • Web Design: High-converting, mobile-first websites.

  • AI Automation: Systems for predicting reorders, automating invoicing, and managing customer follow-ups.

We reserve the right to modify, suspend, or discontinue any part of our Services at any time without prior notice.

3. Client Obligations and Acceptable Use

As a user or client of ClixMark, you agree to:

  • Provide accurate, current, and complete information when registering for an account or requesting our Services.

  • Maintain the security and confidentiality of your account login credentials.

  • Use the Services strictly for lawful business purposes.

Prohibited Uses: You agree not to:

  • Reverse engineer, decompile, or copy the underlying source code, algorithms, or AI models of the ClixMark platform.

  • Use our Services to send spam, unsolicited communications, or engage in any unlawful, fraudulent, or malicious activity.

  • Attempt to breach or circumvent the security mechanisms of the Site or our custom dashboards.

4. Intellectual Property Rights

ClixMark's Property: We retain all rights, titles, and interests in and to the ClixMark platform, our underlying SaaS framework, our AI algorithms, templates, and general dashboard architecture. Access to our Services does not transfer ownership of our proprietary software to you; rather, we grant you a limited, non-exclusive, non-transferable licence to use the software during your subscription term.

Client Property: You retain full ownership of all the data, text, images, and branding you provide to us to build your website, app, or dashboard (collectively, "Client Content"). You grant us a licence to use, display, and process your Client Content solely for the purpose of providing our Services to you.

5. Fees, Payments, and Subscriptions

Pricing: The fees for our Services (whether one-time development costs or ongoing SaaS subscriptions) will be set out in your individual project proposal, quote, or invoice.

Payments: Subscription fees are billed on a recurring basis as agreed. All payments must be made in full, without deduction or set-off.

Late Payments: We reserve the right to suspend or restrict access to your app, dashboard, or website if payments are not received by the due date.

Refunds: One-time development fees are non-refundable once work has commenced. Subscription fees are non-refundable for the current billing period, but you may cancel future billing in accordance with Section 7. Refund requests outside these terms will be considered on a case-by-case basis at our sole discretion.

6. Disclaimers and Limitation of Liability

"As-Is" Service: Our Services are provided on an "AS IS" and "AS AVAILABLE" basis. While we strive to maintain high availability and accuracy across our Services, we do not warrant that the Services will be uninterrupted, error-free, or completely secure.

Liability Cap: To the maximum extent permitted by law, ClixMark shall not be liable for any indirect, incidental, consequential, or punitive damages, including lost profits, lost revenue, or loss of data resulting from your use of the Services. In no event shall our total liability to you exceed the total amount you paid to us in the three (3) months preceding the event giving rise to the claim.

Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded.

7. Termination

By You: You may cancel your subscription or Services in accordance with the notice period outlined in your specific project contract or service level agreement.

By Us: We may suspend or terminate your access to our Services immediately, without prior notice or liability, if you breach any of these Terms, fail to pay fees when due, or engage in prohibited conduct.

Effect of Termination: Upon termination, your right to use the Services will immediately cease. We will provide a window of thirty (30) days following termination during which you may export your Client Content. After this period, we may permanently delete your data from our servers.

8. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. Any disputes arising from these Terms or our Services shall be resolved through good-faith negotiations, failing which the courts of New South Wales, Australia shall have exclusive jurisdiction.

9. Privacy

Your use of the Services is also governed by our Privacy Policy, available at https://www.clixmark.com/privacy-policy, which forms part of these Terms.

10. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at:

ClixMark — operated by Luke Richards ABN: 38 771 204 317 Email: contact@clixmark.com Phone: +61 437 043 988 Website: https://www.clixmark.com