Terms of Service

1. Agreement

These terms govern your use of the Hixel platform, including the marketing site at get.hixel.space, the My admin portal at my.hixel.space, the customer-managed websites Hixel hosts on your behalf, and any related APIs, widgets, and integrations operated by Hexonova Pty. Ltd. trading as Hixel.

By creating a Hixel account or using the platform, the entity accepting these terms represents that it has the authority to do so on behalf of itself and the people who will use the account, and agrees to be bound by these terms together with the Privacy Policy referenced from get.hixel.space.

2. The service

Hixel is a hosted software platform that helps service-led businesses publish a website, manage their content, take bookings, list a storefront, communicate with customers across email, SMS, and WhatsApp, run AI-assisted content workflows, and connect those activities to a small set of supported third-party services. The capabilities included in your account depend on the subscription plan you choose; the current plan catalogue is published on the Pricing page.

We may change, add, or retire features over time. Where a change materially reduces the functionality you currently rely on, we will give reasonable advance notice and, where practical, migration guidance.

3. Your account

• You are responsible for the accuracy of the information you provide when creating and operating the account.
• You are responsible for keeping account credentials confidential and for the actions of every user you invite into the account.
• You must notify us promptly of any unauthorised use you become aware of so we can take action.
• You must use Hixel in compliance with applicable law and the acceptable-use rules in section 8.

4. Subscriptions, fees, and billing

• Subscription fees are charged in advance for the billing cycle you choose at signup (monthly or annual). Storefront and booking fees, where applicable, are charged on the cadence published on the Pricing page.
• All fees are stated in Australian dollars and exclusive of GST unless otherwise indicated. Where GST applies it will be calculated and added at the prevailing rate.
• Annual plans renew automatically at the end of each annual term unless you cancel at least 30 days before the renewal date. Monthly plans renew automatically each month and can be cancelled at any time, with the cancellation taking effect at the end of the current billing month.
• Payments are processed by Stripe. By providing payment details you authorise us to charge the applicable fees to that payment method. Failed payments may result in suspension of the account after reasonable notice.
• Refunds are not provided for partial billing cycles unless required by Australian Consumer Law or expressly granted at our discretion.

5. Your content and data

You retain all rights to the content you publish through Hixel. You grant us a worldwide, royalty-free, non-exclusive licence to host, store, transmit, display, format, optimise, and back up that content solely for the purpose of operating the platform and delivering the service to you.

You are responsible for ensuring you have the rights and consents needed to publish the content you upload, including images of staff, clients, and treatment outcomes. You must not publish content that infringes a third party's intellectual-property rights, breaches privacy obligations, or contravenes professional advertising rules that apply to your industry.

For end-user data flowing through your customer-managed site (contact forms, bookings, storefront orders), you are the controller and Hixel is the processor on your behalf. The Privacy Policy explains how we handle that data; nothing in these terms overrides those commitments.

Where you use AI-assisted features, your content is also processed by our AI sub-processor under that provider's commercial terms; see section 6 for the specifics. Our Privacy Policy lists our current sub-processors.

6. AI-assisted features

Parts of Hixel use generative artificial intelligence to draft content, suggest rewrites, generate images, qualify leads, render templates, and pre-flight outbound messages for carrier-compliance review. These features are powered by third-party large-language-model providers (currently Microsoft Azure AI Foundry); the specific provider, model, and any sub-processors we use are listed in the Privacy Policy and may change with reasonable notice.

AI output is generated automatically and may be inaccurate, biased, or stylistically off. You are responsible for reviewing every AI-generated output before publishing, sending, or otherwise using it. Where Hixel runs an AI-based compliance pre-flight on your outbound messages, that check is advisory only — it does not guarantee that an upstream provider will accept your message, and you remain solely responsible for the message you choose to send.

When you submit content to an AI feature (a prompt, a template body, a draft email, a proposed SMS or WhatsApp body), that content is processed by our AI sub-processor under that provider's commercial-customer terms. You warrant that you have all rights necessary to submit that content for processing and that submitting it does not breach a confidentiality obligation you owe to a third party.

7. Third-party integrations

Hixel can be connected to a small number of supported third-party services — currently including Google Analytics, Google Business Profile, Stripe payments, Meta Facebook + Instagram + WhatsApp Business, ClickSend, and Azure Communication Services. You authorise these connections explicitly through the Channels and Integrations surfaces in the My admin portal.

• Each integration is scoped to a single purpose. Authorising one integration does not authorise others.
• You are responsible for the accuracy of any third-party account credentials you provide and for the actions Hixel takes on those accounts at your direction.
• You may revoke any integration at any time. Revocation does not retroactively undo actions Hixel has already executed at your direction.
• Third-party services have their own terms of service and acceptable-use policies. Your use of those services through Hixel is also governed by those terms.

By using a Hixel feature that depends on a third-party integration, you agree to the integration provider's published terms and acceptable-use policy as applicable to that activity. Hixel passes through provider decisions: if a provider suspends, throttles, or refuses to deliver an activity initiated through Hixel, the corresponding Hixel feature may become unavailable to you for the duration of that decision regardless of your subscription status. Provider links are surfaced in the relevant feature settings; you are responsible for reviewing them.

8. Acceptable use

You must not use Hixel to:

• Publish content that is unlawful, defamatory, harassing, or that infringes another person's rights.
• Send unsolicited bulk communications or otherwise breach anti-spam laws.
• Misrepresent who you are or the services you offer.
• Attempt to probe, scan, or test the vulnerability of the platform; circumvent authentication or rate limits; reverse engineer the software; or interfere with other customers' use of the platform.
• Use the platform for activity that requires regulatory authorisation you do not hold, or to provide regulated medical advice that you are not qualified to give.
• Submit content to an AI-assisted feature that you do not have the right to share with our AI sub-processor.

8.1 Communications and marketing messaging

When you use Hixel to send SMS, WhatsApp, email, or other electronic messages on behalf of your business, you agree to comply with all applicable laws and the published policies of the upstream provider Hixel uses to deliver your message. This includes (without limitation):

• Australian Spam Act 2003 and any successor legislation. You confirm that you have express or inferred consent from each recipient, that every commercial message clearly identifies you as the sender, and that every marketing message includes a functional unsubscribe mechanism (e.g. "Reply STOP to unsubscribe" for SMS).
• ClickSend Sending Guidelines (currently published at help.clicksend.com/en/articles/42328-our-sending-guidelines). You will not send person-to-person chat-style messages, or content related to drugs, cannabis, CBD, pharmaceuticals, nicotine or vape products, adult content, dating, hate speech, or phishing or malicious content through the SMS channel.
• Meta WhatsApp Business Messaging Policy. Cold messages must use a Meta-approved template; free-form replies are only permitted inside the 24-hour service window after an inbound message from the recipient. You will maintain an acceptable Meta quality rating and will not engage in behaviour that risks the suspension of the Meta Business Account or phone number.
• Email sender authentication. You will configure SPF, DKIM, and DMARC on any domain you authorise Hixel to send from, and you will not strip the unsubscribe link or required sender identification from marketing emails.

You are solely responsible for the content of every message you author or schedule through Hixel, including content generated, drafted, or rewritten by an AI-assisted feature that you choose to send. The compliance pre-flight described in section 6 is advisory; passing the pre-flight does not warrant that an upstream provider will accept the message, and failing it does not prevent you from sending — both decisions and their consequences are yours.

9. Service levels and changes

We aim to keep Hixel highly available and to recover quickly from incidents. We do not currently offer a contractual uptime SLA on standard plans; status, incident notes, and recent availability are published transparently on the platform's status page when one is in place.

We may carry out scheduled maintenance from time to time. Where the maintenance is likely to interrupt service we will give reasonable advance notice through email and the My admin portal.

10. Suspension and termination

You may cancel your subscription at any time from the My admin portal. On cancellation, your account remains accessible until the end of the current paid term, after which it transitions to a read-only state for 30 days and is then permanently deleted along with the content stored in it.

We may suspend or terminate access if you materially breach these terms, fail to pay fees that have remained overdue after reasonable notice, or use the platform in a way that risks harm to other customers, end users, or to the integrity of the service. Where the breach is curable, we will give you a reasonable opportunity to cure it before termination.

Nothing in this section limits our right to suspend an individual feature, channel, or integration (for example, the SMS Chat compose surface, the WhatsApp compose surface, or a single integration connector) under section 10.1 without suspending your wider account.

10.1 Channel suspension and internal review

Hixel operates on shared upstream provider accounts (currently including ClickSend, Meta, Azure Communication Services, and Stripe). If your use of a messaging channel results in three or more recorded carrier rejections, content-policy violations, or upstream complaints within a rolling ninety (90) day window, we will automatically suspend that channel's compose surface for your app until a Hixel reviewer has audited the rejected messages and is satisfied that your future use will comply with these terms and the relevant provider policies.

We may, at our reasonable discretion, require you to acknowledge specific policy guidance in writing as a condition of reinstating channel access, complete a brief operator review session, or accept a temporary reduced volume cap. Repeated suspension events on the same channel may result in permanent removal of that channel from your subscription or termination of your account under section 10.

11. Liability

To the maximum extent permitted by law, our total liability under these terms is limited to the fees you have paid us in the 12 months preceding the event giving rise to the claim. We are not liable for indirect, consequential, or special losses, including lost profits, lost goodwill, or lost data not caused by our gross negligence. Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited under Australian Consumer Law.

Without limiting the foregoing, you will indemnify and hold harmless Hexonova for any losses, fines, account suspensions, account terminations, or remediation costs imposed on Hexonova by an upstream provider (including but not limited to ClickSend, Meta, Twilio, Microsoft, Stripe, or Google) where the cause of the provider's action was content you authored or scheduled, content generated by an AI-assisted feature that you then chose to send or publish, or your failure to comply with the policies referenced in section 8.1 (Communications and marketing messaging).

12. Disclaimers

The platform is provided on an "as available" basis. While we work hard to make it reliable, we do not warrant that the platform will be uninterrupted, error-free, or that every feature will be fit for every purpose. You are responsible for evaluating whether Hixel is suitable for your specific business needs.

13. Confidentiality

Each party will treat the other's non-public business information as confidential, will use it only for the purposes of operating under these terms, and will protect it with the same care it applies to its own confidential information of similar sensitivity.

14. Dispute resolution and governing law

These terms are governed by the laws of the Australian Capital Territory and the Commonwealth of Australia. The parties agree to attempt to resolve any dispute in good faith for at least 30 days before commencing proceedings, and submit to the exclusive jurisdiction of the courts of the ACT for any matter that cannot be resolved that way.

15. Changes to these terms

We may update these terms as the service evolves or as the law changes. Material changes will be communicated via email to the account owner with at least 30 days' notice; minor clarifications will be reflected by a new "last reviewed" date below. Continued use of Hixel after a change takes effect constitutes acceptance of the updated terms.

16. Contact

For questions about these terms, contact us via the channels listed on the Contact Us page at get.hixel.space.