Terms of Service

These Terms of Service ('Terms') constitute a legally binding agreement between you ('User', 'you') and Mika Digital ('Mika Digital', 'we', 'us'), the company behind the Mika Sites platform.

By creating an account, accessing, or using Mika Sites in any way, you agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to do so.

If you do not agree to these Terms, you must not use the service.

Mika Sites is a profile-first website builder that allows small businesses to create and publish websites based on their business profile. The service includes website generation, hosting, deployment infrastructure, and optional custom domain configuration, including the purchase of new domain names through third-party domain registrar partners (see 'Domain Registration Services' below).

Depending on your plan, the service may also include additional tools that you can enable on your website, such as: online appointment booking; lead capture and contact forms; newsletter sign-up; customer review requests sent by email or SMS; announcement banners; team-member access (additional seats); and optional connections to third-party services (for example Google Analytics, Google Business Profile, live chat, and WhatsApp). These features are described in the sections below.

We reserve the right to modify, suspend, or discontinue any part of the service at any time, with reasonable notice where possible. We are not liable for any modification, suspension, or discontinuation of the service.

You must be at least 18 years of age to create an account. By registering, you represent that you meet this requirement.

You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately at support@mikadigital.com.au if you become aware of any unauthorised access to your account.

You are responsible for all activity that occurs under your account. We are not liable for any loss resulting from unauthorised use of your account if you failed to take reasonable steps to protect your credentials.

You may not create multiple accounts to circumvent plan limitations, suspension decisions, or other restrictions.

You may use Mika Sites only for lawful purposes and in accordance with these Terms. You must not use the service to:

Publish content that is unlawful, defamatory, abusive, harassing, threatening, obscene, or that infringes the intellectual property rights of others.

Transmit spam, unsolicited communications, or any form of automated scraping or bot activity.

Attempt to gain unauthorised access to any part of the platform or another user's account.

Use the service in any way that could damage, disable, overburden, or impair our infrastructure.

Republish or resell the service or its infrastructure to third parties without our written consent.

We reserve the right to suspend or terminate accounts that violate these restrictions without prior notice.

You retain full ownership of all content you upload or input into Mika Sites — including your business name, services, images, team information, FAQs, and any other materials ('Your Content').

By uploading Your Content, you grant Mika Digital a non-exclusive, worldwide, royalty-free licence to host, store, process, and display Your Content solely for the purpose of delivering the Mika Sites service to you.

You represent and warrant that you have all necessary rights to upload Your Content and that it does not infringe any third-party intellectual property rights.

The Mika Sites platform, templates, industry logic, and interface designs are the intellectual property of Mika Digital. You may not copy, reproduce, reverse-engineer, or create derivative works from them.

Mika Sites offers a Free plan and one or more paid plans, billed either monthly or annually. The available plans, their features, and their limitations are described on our Pricing page and within the app, and may be updated from time to time. We may add, rename, or retire plans; changes will not increase the price of your current paid plan during a billing period you have already paid for.

Early Access Features: From time to time, we may make certain design, layout, or other features available to all plans on an early-access basis — including features that we intend to gate to specific plan tiers in the future. These early-access features are provided as a courtesy and do not form part of your contracted plan entitlements. We may restrict an early-access feature to a specific plan tier at any time, but we will provide reasonable advance notice (no less than 30 days) before doing so. If you are actively using an early-access feature at the time we change its plan requirement, we will aim to preserve your access ('grandfather' your account) where technically and commercially reasonable; however, this is not a guarantee. Continued use of the service following any such notice constitutes acceptance of the updated plan terms.

Paid plans are billed in advance. Monthly plans are billed each calendar month. Annual plans are billed once per year at the start of the billing period.

Some features are sold as paid add-ons in addition to your plan — for example additional team-member seats and prepaid SMS credits (see 'Credits and Add-Ons' below). Recurring add-ons (such as seats) are billed alongside your plan and renew with it; one-time add-ons are charged when purchased.

All prices are in United States Dollars (USD) unless otherwise stated. Prices are exclusive of any applicable taxes, which may be added at checkout where required by law.

Payments are processed by Stripe. By providing your payment details, you authorise us to charge the applicable plan, add-on, and domain fees to your selected payment method.

If a payment fails, we will attempt to notify you and retry. After reasonable attempts, we may downgrade your account to the Free plan.

Upgrades take effect immediately. Downgrades take effect at the end of the current billing period.

Mika Sites offers an optional service that lets you purchase a new domain name for use with your website. We provide this service as a reseller, working with third-party domain registrars (currently Porkbun LLC). Mika Digital is not itself an accredited domain registrar, and domain registrations are subject to the policies of the registrar, the relevant domain name registry (e.g. Verisign for .com, Public Interest Registry for .org), and ICANN where applicable.

Domain prices shown to you are the total amount payable and include a service margin above the registrar's wholesale price. Domain purchases, like our plans, are charged in US Dollars (USD). If your card is denominated in another currency, your card provider may apply currency conversion fees.

Payment for a domain is required in full, in advance, before we attempt to register it. Completing payment is a request for us to register the domain on your behalf — it does not guarantee that the domain will ultimately be registered, as availability can change between the time you search and the time payment is confirmed.

After payment is confirmed, we re-check the domain's availability and, if it remains available, proceed with registration (which may involve a manual step completed by our team within a reasonable time) and configure it to work with your Mika Sites website. If the domain has become unavailable for any reason, we will issue a full refund of the amount you paid for that domain and have no further obligation to you in respect of that domain.

Domain registrations are for the period stated at the time of purchase (typically 1 year) and do not automatically renew. You are solely responsible for renewing your domain before it expires. We may, at our discretion, send renewal reminders, but we are not obligated to do so and are not liable for any loss — including loss of your website, email, search rankings, or business goodwill — arising from a domain expiring, lapsing, or being released because it was not renewed.

Domains purchased through this service may be held in a registrar account controlled by Mika Digital on your behalf. We will use reasonable efforts to set you or your business as the registrant of record where the registry permits, and to assist with transferring the domain to a registrar account you control on request, subject to the registrar's and registry's transfer rules (which may include a minimum holding period, such as ICANN's standard 60-day post-registration transfer lock) and any fees outstanding to us. Cancelling or downgrading your Mika Sites plan does not affect the registration term of a domain you have purchased, and does not entitle you to a refund of domain fees already paid.

You are solely responsible for ensuring that any domain name you request does not infringe the trademark, business name, or other intellectual property rights of a third party, and for complying with all applicable laws relating to your chosen domain name. We may refuse to register, or may suspend or cancel, any domain that we reasonably believe infringes another party's rights, violates a registry policy, or exposes us to legal risk, without liability to you (other than a refund where registration has not yet occurred). You agree to indemnify us against any claim, loss, fine, or expense we incur arising from a domain registered at your request.

Where a domain privacy/WHOIS redaction service is available for the TLD you choose, we apply it by default at no extra cost. For some TLDs, the registry requires registrant contact details to be publicly available in the WHOIS database regardless of privacy settings — by purchasing such a domain, you consent to that disclosure. See our Privacy Policy for more information about how registrant data is handled.

We currently offer a curated set of TLDs that do not require special eligibility criteria (for example .com, .net, .org, .io, .co, .dev, and .shop). We may add, remove, or restrict available TLDs, or adjust domain pricing, at any time without notice, and such changes will not affect domains already purchased.

If you enable online booking, lead forms, or similar tools, Mika Sites provides the scheduling and intake software only. Any appointment, enquiry, quote, or other arrangement that results is a matter solely between you and your customer. Mika Digital is not a party to it, does not provide the underlying goods or services, and is not responsible for honouring, fulfilling, pricing, cancelling, rescheduling, or refunding any booking or arrangement.

You are responsible for managing your own availability, confirming or declining bookings, dealing with no-shows and cancellations, and for any payment terms between you and your customer. Where we send confirmation, reminder, or notification messages relating to a booking or enquiry, we do so on your behalf and as a convenience; we do not guarantee delivery and are not liable for missed, delayed, or undelivered messages.

You are responsible for the accuracy of the information you publish (including prices, hours, services, and availability) and for ensuring that any commitments you make to customers through the service are ones you are able and willing to honour.

When you use features such as bookings, lead/contact forms, or newsletter sign-up, you collect personal information about your own customers and prospects ('Customer Data'). As between you and us, you are the controller of that Customer Data and we process it on your behalf solely to provide the service to you.

You are responsible for collecting and handling Customer Data lawfully — including having a valid lawful basis or consent to collect it, providing your customers with any privacy notices required by law, and honouring their rights (such as access, correction, and deletion). You must comply with all applicable privacy and data-protection laws, including the Australian Privacy Act 1988 (Cth) and, where it applies to you, the EU/UK GDPR.

You must not use the service to collect sensitive categories of personal information unless you are lawfully entitled to do so and have implemented appropriate safeguards. You agree to indemnify Mika Digital against any claim, fine, or loss arising from your collection, use, or handling of Customer Data, or from your breach of this section. Our handling of personal information is described in our Privacy Policy.

Certain features let you send messages to your customers through the service — for example review requests and booking notifications by email or SMS. These messages are sent in your name and on your behalf. You are the sender and are solely responsible for their content and for ensuring you have the recipient's consent to be contacted.

You must comply with all applicable anti-spam and telemarketing laws when using these features, including the Spam Act 2003 (Cth) and equivalent laws in your customers' jurisdictions (such as the US TCPA and CAN-SPAM Act). You must only message people who have consented, must not send unlawful, misleading, or prohibited content, and must honour opt-out/unsubscribe requests.

We may set reasonable sending limits and may suspend or disable messaging features (and any associated credits, without refund) if we reasonably believe they are being used to send spam or unlawful content, or in a way that risks the reputation or deliverability of our shared infrastructure or that of our messaging providers. You agree to indemnify Mika Digital against any claim, fine, or loss arising from messages sent through your account.

Some features use prepaid credits (for example SMS credits used to send review requests). Credits are sold in bundles, are charged at the time of purchase, and are consumed as you use the relevant feature. Credits have no cash value, are not a deposit or stored-value/financial product, cannot be exchanged for cash, and are non-transferable.

Except where required by law (including the Australian Consumer Law), purchased credits are non-refundable, including any unused balance if you cancel, downgrade, or your account is terminated. We may expire unused credits after a reasonable period, and will give notice before doing so where practical. Pricing and bundle sizes for credits may change, but changes will not affect credits you have already purchased.

Additional team-member seats are a recurring add-on billed with your plan. You are responsible for the people you invite and for their activity under your account; you must remove access promptly when someone should no longer have it. Removing a seat takes effect at the end of the current billing period, and seat fees already paid are non-refundable.

The service lets you connect optional third-party tools (for example Google Analytics, Google Business Profile, live chat, and WhatsApp) to your website. Your use of any third-party tool is governed by that provider's own terms and privacy policy, and you are responsible for complying with them and for any fees they charge.

We do not control these third-party services and are not responsible for their availability, accuracy, security, or any data you choose to share with them. Enabling an integration may involve placing that provider's scripts or cookies on your website; you are responsible for any consent or disclosure this requires under applicable law. We may change, deprecate, or remove an integration at any time.

You may cancel your paid plan at any time from your account settings. Cancellation takes effect at the end of your current billing period — your site and data remain accessible until then.

Annual plans are eligible for a full refund within 14 days of the initial purchase ('money-back guarantee'). After 14 days, annual fees are non-refundable.

Monthly plan fees are non-refundable. There are no partial refunds for unused portions of a billing period.

Domain name purchases are governed by the refund terms in the Domain Registration Services section above, not by this section. In summary: a full refund is given only if the domain could not be registered after payment; once a domain has been successfully registered, registry fees are not recoverable and the purchase is non-refundable.

Prepaid credits and add-ons (such as SMS credits and additional team seats) are governed by the 'Credits and Add-Ons' section above and are non-refundable, including any unused balance, except where required by law.

We reserve the right to issue refunds at our sole discretion in exceptional circumstances. Nothing in this section limits any rights you may have under the Australian Consumer Law or other mandatory consumer-protection laws.

You may delete your account at any time from your account settings. Upon deletion, your website will be taken offline and your data will be deleted within 30 days, subject to legal retention requirements.

We may suspend or terminate your account immediately if we determine, in our sole discretion, that you have violated these Terms, engaged in fraudulent activity, or posed a risk to other users or the platform.

Upon termination, your right to access the service ceases immediately. We are not liable for any loss of data following account deletion or termination.

The Mika Sites service is provided 'as is' and 'as available' without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not guarantee that the service will be uninterrupted, error-free, or that defects will be corrected. We do not warrant that the service will meet your specific requirements.

We are not responsible for the accuracy, completeness, or legality of content published on websites created through Mika Sites. You are solely responsible for your website's content and compliance with applicable laws.

To the maximum extent permitted by applicable law, Mika Digital shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profit, data, goodwill, or business opportunities, arising out of or in connection with your use of the service.

Our total liability to you for any claim arising out of or in connection with these Terms or the service shall not exceed the total fees you paid to us in the 12 months preceding the claim.

Nothing in these Terms limits liability that cannot be excluded under Australian Consumer Law, including consumer guarantees under the Australian Consumer Law.

These Terms are governed by the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland for any dispute arising out of or in connection with these Terms.

If you are located in a jurisdiction outside Australia, local laws may also apply to you. Where mandatory consumer protection laws in your jurisdiction provide greater protections than these Terms, those laws will apply to the extent of any inconsistency.

We may update these Terms from time to time to reflect changes to the service, our business, or applicable law.

If we make material changes, we will notify you by email and/or by displaying a prominent notice in the platform at least 14 days before the changes take effect. Your continued use of the service after that date constitutes acceptance of the updated Terms.

For non-material changes (corrections, clarifications), we may update the Terms without notice. We encourage you to review this page periodically.

If you have any questions about these Terms, please contact us:

Mika Digital · legal@mikadigital.com.au

We aim to respond to all legal enquiries within 5 business days.