Terms of Service
Last updated: 20 November 2025
1. Agreement To Terms
These Terms of Service ("Terms") govern your access to and use of the website symplexdigital.com, our AI chatbot and review management solutions, automation services, SaaS platforms, and any related products and services (collectively, the "Services") provided by Symplex Digital ("Symplex Digital", "we", "us" or "our").
By accessing or using the Services, or by signing a proposal, order form or similar document that references these Terms, you agree to be bound by these Terms. If you do not agree, you must not use the Services.
You represent and warrant that you have the legal authority to accept these Terms on behalf of yourself or the entity you represent.
2. Who We Are
Business name: Symplex Digital
Address: 181 A'Beckett Street, Melbourne, VIC 3000, Australia
Contact email: [email protected]
Website: https://symplexdigital.com
The governing law of these Terms is the law of Victoria, Australia, unless another jurisdiction is agreed in writing in a specific contract.
3. Eligibility And Business Use
The Services are intended for business and professional use.
To use the Services, you must:
Be at least 18 years old
Have the authority to enter into binding agreements on behalf of your organisation (where applicable)
Not be located in a jurisdiction where use of our Services is prohibited by law or sanctions
We may refuse, suspend or terminate access if we believe that you do not meet these requirements or pose a legal, security, or reputational risk.
4. Description Of Services
Symplex Digital provides, among other things:
AI chatbot development for service businesses
AI review management solutions (for managing and responding to customer reviews)
AI automation solutions and integrations
AI consulting and done-for-you services
Optional SaaS-style access to platforms, portals or dashboards where applicable
Some Services may be delivered as one-off projects or consulting engagements, while others may be delivered as ongoing subscriptions, retainers or usage-based services. Specific details, including pricing, scope and deliverables, will be set out in proposals, order forms, statements of work or in-app subscription pages (collectively, "Order Documents").
In the event of any conflict between these Terms and an Order Document, the Order Document will generally prevail for that specific engagement.
5. Account Registration
To access certain parts of the Services, you may need to create an account.
You agree to:
Provide accurate and complete information
Keep your login credentials confidential
Notify us promptly of any unauthorised access or suspected breach
Be responsible for all activities that occur under your account
We may suspend or terminate your account if we suspect any misuse, security risk, or violation of these Terms.
6. Fees, Billing And Payment
6.1 Types Of Fees
Our pricing may include:
One-off project or consulting fees
Monthly or annual subscription fees for continued access to platforms or features
Usage-based fees (for example, per message, per API call, per seat, or per automation volume)
Details will be set out in the applicable Order Document or subscription plan.
6.2 Currency And Payment Methods
For Australian clients, fees are generally charged in AUD.
For clients in other regions (for example, the USA), fees may be charged in USD.
We may accept payment via:
Credit or debit card
Bank transfer
Stripe or similar payment processor
Billing managed through CRMs or platforms such as GoHighLevel
You authorise us and our payment processors to charge your chosen payment method for all amounts due, including recurring charges for subscriptions.
6.3 No Free Trials
Symplex Digital does not offer free trials of its Services by default.
Access to our Services is provided on a paid basis only, under the fees and payment terms set out in:
The applicable Order Document (proposal, quote, agreement), or
The subscription or pricing plan selected by you.
From time to time, we may choose to run promotional or discounted offers at our sole discretion, but these do not constitute free trials unless expressly stated in writing and are subject to any additional terms specified for that promotion.
6.4 Invoices And Due Dates
Unless otherwise agreed in writing:
Invoices are payable within the period specified on the invoice or Order Document
Project work and subscriptions may require upfront payment or recurring payment at the start of each billing period
Failure to pay on time may result in suspension or termination of access to the Services.
6.5 Refunds
Unless we have explicitly agreed otherwise in writing:
Completed services are non-refundable
Subscription or usage fees already incurred are generally non-refundable
We may, at our sole discretion, offer credits or partial refunds in exceptional cases, but we are not obliged to do so
6.6 Late Or Failed Payments
If payment is not received when due:
We may suspend or restrict your access to the Services
We may automatically terminate your access for non-payment after a reasonable period
You remain responsible for all amounts owed up to the date of suspension or termination
7. Acceptable Use And User Responsibilities
You agree to use the Services only for lawful business purposes and in accordance with these Terms.
7.1 Core Prohibitions
You must not use the Services (including any AI features) to:
Illegal Use
Engage in any activity that violates applicable laws or regulations (local, national or international).
Assist or encourage others to commit unlawful acts, including fraud, money laundering, terrorism, or other criminal offences.
Misuse Of AI For Harmful Content
You must not use the Services or AI outputs to create, upload, distribute or promote content that is:
Hateful, harassing, abusive, or incites violence or discrimination against individuals or groups
Defamatory, threatening, bullying or invasive of another’s privacy
Related to child exploitation or any content involving minors in a sexual or exploitative manner
Explicitly sexual or pornographic, or promoting sexual services
Intended to cause self-harm, physical harm, property damage, or serious emotional distress
Designed to spread malware, conduct phishing, scams, or other deceptive practices
Intended to provide detailed instructions to commit illegal or seriously harmful activities (e.g. weapons construction, hacking, serious violence)
Infringement Of Third-Party Rights
You must not:
Upload, process, or generate content that infringes or misappropriates any third party’s intellectual property rights, including copyrights, trademarks, trade secrets, or other proprietary rights
Use the Services to illegally copy, distribute or exploit content that you do not have the rights or permission to use
Attempt to re-identify individuals from anonymised or aggregated data where you do not have a lawful basis
7.2 Technical And Security Misuse
You must also not:
Attempt to gain unauthorised access to the Services, other accounts, or any related systems or networks
Attempt to bypass, disable or interfere with security features, rate limits or technical restrictions
Reverse engineer, decompile, or otherwise attempt to derive the source code or underlying models, except where permitted by law
Use automated means (including bots or scripts) to access the Services in a way that overloads or disrupts normal operation
7.3 Resale And White-Labelling
Unless we have agreed otherwise in writing, you must not:
Resell, lease, sublicence or white-label the Services or AI outputs to third parties
Market yourself as a direct provider of Symplex Digital’s Services without our explicit authorisation
7.4 Your Responsibility
You are solely responsible for:
All content and data you or your users submit, upload, or process through the Services
Ensuring you have a lawful basis and any required consents to use that content with the Services
Reviewing, verifying and approving any AI-generated outputs before relying on them, using them in your business, or providing them to your customers
We reserve the right, at our sole discretion, to suspend or terminate access to the Services if we reasonably believe you are engaging in illegal use, misuse of AI for harmful content, or infringement of third-party rights, or otherwise breaching this Section 7.
8. AI Outputs And Disclaimers
Our Services use artificial intelligence and third-party AI models to generate content, suggestions, automations and other outputs.
You understand and agree that:
AI outputs may be incorrect, incomplete, misleading or outdated
AI outputs are not guaranteed to be accurate or fit for any particular purpose
AI outputs do not constitute legal, financial, medical or other regulated professional advice
You remain fully responsible for reviewing and verifying outputs before relying on them or acting on them
Symplex Digital is not responsible for:
Decisions you or your customers make based on AI outputs
Any losses, damages or claims arising from reliance on AI-generated content
You must not present AI outputs from our Services as if they were produced by a licensed professional or as guaranteed fact.
9. Intellectual Property
9.1 Our IP
As between you and Symplex Digital, we own all rights, title and interest in and to:
The Services, including software, platforms, underlying code and infrastructure
Our proprietary prompts, templates, workflows, playbooks, and configurations
Our brand, logos, trademarks and trade names
All improvements, modifications and derivative works thereto
You receive a limited, non-exclusive, non-transferable, revocable licence to use the Services for your internal business purposes, subject to these Terms and any applicable Order Document.
9.2 Your Content
"Your Content" means any data, text, files, or other material that you or your users submit or upload to the Services, including customer information, business data and configuration details.
You retain ownership of Your Content. You grant Symplex Digital a worldwide, non-exclusive licence to host, store, process, transmit, display, and use Your Content as necessary to:
Provide and maintain the Services
Improve and secure the Services
Comply with legal obligations
9.3 AI Outputs And Deliverables
Subject to any agreement with underlying AI providers and third-party tool terms:
For custom projects and consulting, you will generally own the final deliverables and AI outputs created specifically for you (for example, chatbot flows tailored to your business), except for our underlying methods, libraries and know-how.
For SaaS-style Services, you generally own or control the resulting AI-generated outputs created in your account for your use, subject to these Terms and any applicable model provider terms.
We retain the right to:
Use anonymised or aggregated data and patterns to improve our Services, models and automations
Reuse generic components, templates, or technical solutions developed while working with you, as long as we do not disclose your confidential information
9.4 Portfolio And Marketing
Unless you request otherwise in writing, you grant us permission to:
Use your company name and logo in our client lists, case studies and sales materials
Refer to the nature of the Services we provided to you in a general, non-confidential way
We will not disclose confidential details or sensitive data without your consent.
10. Third-Party Services
Our Services may integrate with or rely on third-party services, such as:
AI providers (OpenAI, Anthropic and others)
Payment processors (Stripe and similar)
Communication providers (Twilio and others)
CRM or automation platforms (GoHighLevel and others)
Your use of these third-party services may be subject to their own terms and privacy policies. We are not responsible for their content, policies, or actions.
11. Privacy
Our Privacy Policy, available at symplexdigital.com (or as otherwise provided), explains how we collect, use and share personal information.
By using the Services, you acknowledge that you have read and understood our Privacy Policy.
If you provide us with personal data about third parties (such as your customers), you are responsible for ensuring that you have a lawful basis to do so and that you have provided any necessary notices to those individuals.
12. Confidentiality
Each party may have access to the other party’s confidential information in the course of providing or using the Services.
Each party agrees to:
Use the other party’s confidential information only as necessary to perform its obligations under these Terms or an Order Document
Take reasonable measures to protect the confidentiality of such information
Not disclose such information to third parties, except to trusted service providers under appropriate confidentiality obligations or as required by law
Confidentiality obligations do not apply to information that is already public, independently developed, or received lawfully from a third party.
13. Term, Suspension And Termination
These Terms apply from the time you first use the Services or sign an Order Document, and continue until terminated as described in this Section 13.
13.1 Termination By You (Cancel Anytime)
You may cancel your subscription or engagement with us at any time by:
Following the cancellation or termination instructions in your account or the relevant platform; or
Providing written notice to us (for example, by email), if no self-service option is available.
Cancellation will usually take effect at the end of your current billing period, unless otherwise stated in the applicable Order Document. You remain responsible for all fees incurred up to the effective date of cancellation.
Some Order Documents may specify a minimum term, commitment period, or notice period (for example, a 3-month engagement). Where such terms apply, they will govern your ability to terminate early and any applicable fees.
We do not provide refunds for completed services or for subscription or usage fees already incurred, unless expressly agreed otherwise in writing (see Section 6.5).
13.2 Suspension Or Termination By Us (We Can Cancel Anytime)
To the extent permitted by law, we may suspend or terminate your access to the Services (in whole or in part) at any time, with or without cause, including (without limitation) if:
You fail to pay any amounts due;
You materially breach these Terms or any Order Document;
We reasonably believe your use poses a security risk, legal risk, or may cause harm to others;
We are required to do so by law, regulation or court order; or
We decide, in our reasonable business judgment, to discontinue part or all of the Services.
Where reasonably possible, we may choose (but are not obliged) to provide you with prior notice of suspension or termination. In urgent or high-risk situations, we may suspend or terminate immediately without prior notice.
13.3 Effect Of Termination
Upon any termination:
Your right to use the Services will stop;
We may delete or restrict access to Your Content after a reasonable retention period, in line with our Privacy Policy; and
Any fees owed up to the date of termination remain payable.
Termination does not affect any rights or obligations that have already accrued up to the effective date of termination.
14. Disclaimers
Except as expressly stated in an Order Document, the Services are provided on an "as is" and "as available" basis.
To the maximum extent permitted by law, we:
Do not warrant that the Services will be error-free, uninterrupted, secure, or fit for your specific purpose
Do not warrant that AI outputs will be accurate, complete or reliable
Disclaim all warranties and conditions, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose and non-infringement
Your use of the Services is at your own risk.
15. Limitation Of Liability
To the maximum extent permitted by law:
Symplex Digital will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunities arising out of or related to your use of the Services.
Symplex Digital’s total aggregate liability arising out of or related to the Services or these Terms will be limited to the amounts you paid us for the Services in the twelve (12) months preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
16. Indemnity
You agree to indemnify, defend and hold harmless Symplex Digital, its directors, employees and contractors from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or related to:
Your use of the Services
Your violation of these Terms or applicable law
Your content or data, including any allegation that such content infringes or misappropriates third-party rights
Your misuse of AI-generated outputs
17. Governing Law And Dispute Resolution
These Terms are governed by the laws of Victoria, Australia, without regard to conflict of law principles.
The parties will first attempt to resolve any dispute informally through good faith discussions. If a dispute cannot be resolved informally within a reasonable period, then:
The parties agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia for any disputes arising out of or relating to these Terms or the Services.
If mandatory consumer or data protection laws in your jurisdiction require otherwise, this section will be applied to the fullest extent legally permitted.
18. Changes To These Terms
We may update these Terms from time to time to reflect changes in our Services, business or legal requirements.
We will post the updated Terms on symplexdigital.com with an updated "Last updated" date. Where required by law, we may provide additional notice (for example, via email or in-app notifications).
Your continued use of the Services after the updated Terms become effective will constitute your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services.
19. General Provisions
Entire Agreement: These Terms, together with the Privacy Policy and any applicable Order Documents, constitute the entire agreement between you and Symplex Digital regarding the Services.
Severability: If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
No Waiver: Our failure to enforce any provision of these Terms is not a waiver of that provision.
Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations as part of a business restructuring, merger or sale.