Innovacious Terms of Service and Privacy Policy

Terms of Service

R&M Millar Holdings Pty Ltd (ABN 43128734074) trading as Innovacious Australia Level 34 Santos Place, 32 Turbot Street, Brisbane, QLD 4000, Australia

Last updated: May 24 2026

1. About these Terms

These Terms of Service (“Terms”) are a contract between you (“you”, “Customer”) and R&M Millar Holdings Pty Ltd, trading as Innovacious Australia (“Innovacious”, “we”, “us”, “our”).

These Terms govern your access to and use of:

the website at innovacious.com and any subdomain we operate (the “Site”); and
the subscription services we provide through the Site (the “Services”), including the Bronze, Silver, and Gold plans, together with any other plan we make available from time to time.

By accessing the Site, creating an account, or paying for a Service, you agree to these Terms. If you don’t agree, don’t use the Site or the Services.

The separate Privacy Policy below explains how we handle personal information. By using the Site or Services you also agree to the Privacy Policy.

2. Who can use the Services

You must be at least 18 years old and have the legal authority to enter into a binding contract — on your own behalf or on behalf of the business you represent. If you’re signing up on behalf of a business, you confirm you have authority to bind that business, and “you” in these Terms means both you personally and the business.

3. The Services we provide

We offer our Services on a month-to-month subscription basis. The features included in each plan, and the monthly fees payable, are described on the Site.

We may change the features, inclusions, or pricing of any plan from time to time. If we make a change that materially reduces the value of a plan you’re subscribed to, or that increases your fees, we’ll give you at least 30 days’ notice before the change takes effect. You may cancel before the change takes effect if you don’t agree to it.

The “unlimited” monthly work hours inclusion in our Silver-tier plan refers to websites on the WordPress platform only. Customers with websites on WIX, GoDaddy, Squarespace or other platforms receive 30 work hours per month. Additionally, we sequence work reasonably and in good faith, but complex or large requests take longer than simple ones, and we may queue work where overall demand requires it.

4. Your subscription, billing, and cancellation

Term

Each subscription runs on a rolling monthly basis from the date you first pay. There is no minimum term and no lock-in contract. Your subscription automatically renews each month until you cancel.

Fees

You authorise us to charge the payment method on file each month in advance, at the price shown for your plan at the time of renewal. If you have selected an annual plan with a discount, you authorise us to charge for the full annual term in advance.

Cancellation

You may cancel at any time by contacting us in writing through the Site’s contact page or by replying to your billing email. Cancellation takes effect at the end of the then-current monthly billing period. You’ll continue to have access to your Services until that period ends. We don’t pro-rate or refund partial months on cancellation.

Failed payments

If a payment fails and isn’t corrected within 7 days, we may suspend the Services until the account is brought current. If the account remains unpaid for 30 days, we may terminate the subscription and remove related data from our systems.

Pausing

If you need to pause your subscription, just contact us. Pausing is a courtesy we offer at our discretion, not a contractual right.

5. Refunds

We don’t offer change-of-mind refunds. Once a monthly billing period has started and work has been performed for you, that month’s fee is non-refundable. If you cancel mid-month, the period ends but the fee for that month is not returned.

If we don’t deliver what we promised. If you believe the Services haven’t been delivered as agreed, contact us first and give us a reasonable opportunity to fix the problem. If we can’t resolve it, you may have rights under the consumer-protection laws of your home jurisdiction.

6. Your account and security

You’re responsible for keeping your login credentials confidential. You’re responsible for everything done through your account, whether or not you authorised it, except to the extent the unauthorised access results from our failure to keep our systems secure.

You must notify us promptly if you suspect any unauthorised access to your account or any security breach. When we receive a notice, we’ll take reasonable steps to investigate and respond.

You agree to give us accurate information when you sign up and to keep it current.

7. Your content and our work

Your content

You retain ownership of the text, images, branding, login credentials, and other material you give us, or that lives on your website or social channels (“Your Content”). By using the Services, you grant us a non-exclusive, worldwide, royalty-free licence to access, host, copy, modify, publish, and display Your Content for the purpose of providing the Services to you. This licence ends when you cancel, except that we may retain backups for a reasonable period and may retain records we need to keep for legal, accounting, or security reasons.

You confirm that you own Your Content or have all rights necessary to give us this licence, and that Your Content does not infringe anyone else’s rights.

Our work product

Designs, code, graphics, written content, and other deliverables we create for you as part of the Services (“Deliverables”) become your property once the monthly fee for the period in which they were created has been paid in full. We retain ownership of any underlying tools, frameworks, templates, scripts, AI systems, prompts, and methodologies we use to produce Deliverables — those are ours, and we may continue to use them with other clients.

Approval of published content

For Gold-plan content, nothing is published to your website or social channels without your approval. If you don’t respond to a content approval request within 7 days, we may treat the content as approved and publish it, unless we’ve agreed otherwise in writing.

Use of AI tools

Some of our content work uses AI writing tools, with human editor review before anything is delivered or published. By using our Gold plan, you acknowledge that AI tools form part of our production process. We don’t claim AI-generated outputs are eligible for copyright protection in jurisdictions where they are not; the human editorial work, layout, selection, and arrangement that we contribute remain protected.

8. What you must not do

You agree not to:

use the Site or Services for any unlawful purpose, or in any way that breaches any applicable law;
upload, transmit, or store content that is defamatory, harassing, obscene, infringing, or that contains malicious code;
attempt to gain unauthorised access to the Site, our systems, or other customers’ accounts;
reverse engineer, decompile, or attempt to extract the source code of any of our proprietary tools or systems;
resell, sublicense, or otherwise commercialise the Services without our written permission — our white-label partner program is the proper route for agencies; or
use the Services to send spam, run phishing operations, or distribute malware.

We may suspend or terminate your account if you breach this section. Where the breach is serious or unlawful, we may do so without notice.

9. Termination by us

We may terminate or suspend your account if:

you breach these Terms in a material way and don’t fix it within 7 days of us asking you to;
your payment remains unpaid for more than 30 days; or
continuing to provide the Services to you would expose us to legal liability.

If we terminate without cause, we’ll give you at least 30 days’ notice and won’t charge you for any period after termination takes effect. If we terminate for cause under this section, the month’s fees already paid aren’t refunded, subject to your rights under section 5.

On termination, we’ll provide you with a final backup of your website files and database on request, made within 30 days of termination. After 60 days from termination, we may delete data associated with your account.

10. Service availability

We use commercially reasonable efforts to keep the Services available, but we don’t guarantee uninterrupted access. Hosting infrastructure, third-party platforms, social networks, and the public internet all carry risks outside our full control.

11. Disclaimers

Subject to section 5 and to any rights that cannot lawfully be excluded under the consumer-protection laws of your home jurisdiction:

the Site and Services are provided “as is” and “as available”;
we don’t warrant that the Site or Services will be error-free, secure against all threats, or compatible with every third-party platform, theme, or plugin;
we don’t guarantee any specific SEO ranking, search visibility, traffic level, lead volume, conversion rate, or business outcome from using the Services. Marketing results depend on factors outside our control, including the actions of search engines, AI answer engines, social platforms, competitors, and you.

12. Limitation of liability

To the maximum extent permitted by law, and subject to section 5 and any rights that cannot lawfully be excluded under the consumer-protection laws of your home jurisdiction:

We are not liable for indirect, consequential, special, incidental, or punitive damages, including lost profits, lost revenue, lost data (beyond restoring the most recent available backup), lost business opportunities, or reputational harm.
Our total aggregate liability to you for any and all claims arising out of or relating to these Terms or the Services — whether in contract, tort (including negligence), under statute, or otherwise — is capped at the amount you paid us for the Services in the calendar month immediately preceding the event giving rise to the claim.

This cap does not apply to liability that cannot be limited by law, including liability for fraud, wilful misconduct, gross negligence, or breach of non-excludable consumer protections.

13. Indemnity

You agree to indemnify us against any third-party claims, losses, and reasonable legal costs we incur as a result of:

Your Content infringing a third party’s rights;
your breach of section 8 (prohibited conduct); or
your use of the Services in a way that breaches any law.

This indemnity doesn’t apply to the extent the claim arises from our own breach, negligence, or wilful misconduct.

14. Governing law and disputes

These Terms are governed by the laws of the State of California, United States of America, without regard to its conflict-of-laws rules. Subject to the next paragraphs, the state and federal courts located in California have non-exclusive jurisdiction over any dispute.

Mandatory protections in your home jurisdiction. Nothing in this section prevents you from bringing a claim in your home jurisdiction where the law of that jurisdiction gives you a right to do so that cannot be excluded by contract. Nothing in this section displaces the protections of any consumer-protection law of your home jurisdiction that applies to you and that cannot lawfully be excluded.

Mediation first. Before either of us starts court proceedings (other than for urgent injunctive relief), we agree to try to resolve the dispute by good-faith discussion and, if that fails within 21 days, by mediation through a mediator we both agree on. If we can’t agree on a mediator within 14 days, either of us may ask JAMS (jamsadr.com) to appoint one, with the mediation conducted by video conference unless we agree otherwise.

15. Changes to these Terms

We may update these Terms from time to time. If we make a material change that affects your rights or obligations, we will:

post the updated Terms on the Site;
update the “Last updated” date at the top; and
give existing subscribers at least 30 days’ notice by email.

If you don’t agree to the updated Terms, you may cancel before they take effect. Continued use after the effective date means you accept them.

Minor changes — wording clarifications, typos, formatting — may be made without notice.

16. Other terms

Assignment. You may not assign your rights under these Terms without our written consent. We may assign our rights to a successor business (for example, in a sale of the company), provided your rights aren’t reduced.

Entire agreement. These Terms, together with the Privacy Policy and any written agreement signed by both of us, are the entire agreement between us about the Services and supersede earlier discussions.

Severability. If any provision is found unenforceable, the rest of the Terms continue to apply.

No waiver. Our failure to enforce a right does not waive it.

Notices. We’ll send notices to the email address on your account. You can send notices to us through the contact page on the Site.

17. Contact us

R&M Millar Holdings Pty Ltd t/a Innovacious Australia Level 34 Santos Place, 32 Turbot Street, Brisbane, QLD 4000, Australia Via the contact page at innovacious.com/contact-us/

Privacy Policy

R&M Millar Holdings Pty Ltd trading as Innovacious Australia

Last updated: May 24 2026

1. About this Policy

This Privacy Policy explains how R&M Millar Holdings Pty Ltd, trading as Innovacious Australia (“Innovacious”, “we”, “us”, “our”), collects, uses, stores, and shares personal information when you visit innovacious.com (the “Site”) or use our subscription services (the “Services”).

Because our customers are based in multiple countries — primarily Japan, the United States, and Canada, with operations administered from Japan — several privacy laws may apply to your information at different times. Without limitation, these may include Japan’s Act on the Protection of Personal Information (APPI), the California Consumer Privacy Act as amended by the CPRA (CCPA/CPRA), Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), and Australia’s Privacy Act 1988. This Policy is written to meet the standards of those laws together, and we apply the stricter standard where they differ.

2. What information we collect

Information you give us directly

Your name, email address, phone number, business name, and billing address when you sign up, request an audit, or contact us;
Payment information you submit through our payment processor (we don’t store full card numbers on our own systems — see section 5);
Content, files, branding, login credentials for your website and social media accounts, and other material you provide so we can deliver the Services;
Comments and messages you send to us.

Information collected automatically when you visit the Site

Your IP address, browser type, device type, operating system, referring URL, and the pages you visit;
Cookie information (see section 6).

Information from third parties

Google Analytics provides us with aggregated information about Site visitors;
Our payment processor confirms successful or failed transactions;
If you sign in using a third-party service (for example, a social login), that service may share basic profile information with us.

We don’t knowingly collect sensitive information (health, racial or ethnic origin, political opinions, religious beliefs, sexual orientation, biometric data, precise geolocation, etc.) and ask that you not send it to us.

3. Why we collect it and how we use it

We use personal information to:

Create and manage your account;
Deliver the Services you’ve paid for, including building, maintaining, and updating your website and creating content for you;
Charge you and process refunds where applicable;
Send you transactional messages — billing receipts, security alerts, content approval requests, and service updates;
Send marketing communications about our Services, only where you have opted in or where the law of your home jurisdiction otherwise permits. You can unsubscribe at any time;
Improve our website, our products, and our customer experience using aggregated analytics;
Protect against fraud, abuse, and security threats;
Meet our legal, accounting, and tax obligations.

We don’t use your personal information to make automated decisions that produce legal or similarly significant effects about you.

4. Who we share it with

We share personal information only as needed and with these categories of recipients:

Service providers we use to run the business — hosting providers, our payment processor, email delivery services, customer support tools, AI content tools, and IT contractors. They’re bound by confidentiality and may only use your information to perform their work for us.
Google Analytics — for aggregated Site usage data. See privacy.google.com/businesses/compliance/.
Social media and content platforms you connect to your account — only as required to publish content you have approved.
Professional advisers — accountants, auditors, and lawyers where needed.
A buyer or successor — if we sell or restructure the business, your information may transfer as part of that sale, subject to the buyer continuing to protect it under terms at least as strict as these.
Government bodies, regulators, courts, and law enforcement — where we’re legally required to do so, or where we reasonably believe disclosure is necessary to protect our rights or someone’s safety.

We do not sell personal information, and we do not share personal information for cross-context behavioural advertising as those terms are defined under the CCPA/CPRA.

5. Payment information

Payment card details are collected and processed by our third-party payment processor and are not stored on our own servers. We receive only the information needed to confirm payment (such as the last four digits of your card, billing name, and transaction reference). Our payment processor’s own privacy and security terms apply to your card data.

6. Cookies

We use cookies and similar technologies for these purposes:

Essential cookies keep you logged in and remember your session.
Preference cookies remember choices like screen options. These last up to a year.
Analytics cookies (Google Analytics) help us understand which pages are popular and how visitors find us.
Comment cookies, if you leave a comment, save your name, email, and website for one year as a convenience. You can opt out by clearing them in your browser.

You can disable cookies in your browser settings. Some Site features will not work without them.

7. Embedded content from other websites

Articles on the Site may include embedded content from other services (videos, images, social embeds). Those services may set their own cookies and track your interaction with the embedded content. We don’t control what they collect; their own privacy policies apply.

8. How long we keep it

We keep personal information only for as long as we need it for the purposes set out in this Policy, or for as long as the law requires.

Account and billing records: for the duration of your subscription plus 7 years after termination, to meet tax and accounting obligations in the jurisdictions where we operate.
Website content backups: for up to 60 days after termination of your subscription, then deleted.
Comments left on the Site: retained indefinitely to manage moderation and recognise repeat commenters, unless you ask us to delete them.
Marketing list: until you unsubscribe.
Analytics data: as set by Google Analytics’ default retention settings.

When we no longer need personal information, we delete it or de-identify it.

9. How we protect it

We take reasonable steps to protect personal information against loss, misuse, unauthorised access, modification, or disclosure. These include encrypted connections (HTTPS), secured hosting, access controls, regular backups, and staff training. No system is perfectly secure, however, and we can’t guarantee absolute security.

10. Data breach notification

If we become aware of a data breach that is likely to result in serious harm or significant risk of harm to any individual, we will notify the affected individuals and the relevant data-protection regulators — including, as applicable, the Office of the Australian Information Commissioner (OAIC), Japan’s Personal Information Protection Commission (PPC), the California Attorney General, and provincial privacy commissioners in Canada — as soon as practicable, and within any specific timeframes those laws require.

11. Where your data is stored and transferred

Our hosting and operations involve transferring personal information across borders. Depending on the service provider, your information may be stored or processed in the United States, the European Union, Singapore, Australia, or other countries where our service providers operate.

For customers in jurisdictions that restrict international data transfers, we rely on appropriate transfer mechanisms (such as standard contractual clauses, adequacy decisions, or your explicit consent) as required by your local law.

12. Your rights

Your rights depend on where you live. In general, all our customers can:

Access the personal information we hold about you. Contact us and we’ll respond within a reasonable time, usually within 30 days.
Correct information that is inaccurate, out of date, or incomplete.
Request deletion of your personal information, subject to legal and operational records we are required to keep.
Withdraw consent to marketing at any time by clicking unsubscribe in any marketing email or by contacting us.
Make a complaint to us about how we have handled your personal information. We’ll try to resolve it within 30 days.

13. Children

The Site and Services are not intended for anyone under 18. We don’t knowingly collect personal information from children. If you believe a child has provided us with personal information, contact us and we’ll delete it.

14. Changes to this Policy

We may update this Policy from time to time. The “Last updated” date at the top will reflect the most recent change. Material changes will be notified to current customers by email.

15. Contact us

For privacy questions, requests, or complaints:

R&M Millar Holdings Pty Ltd t/a Innovacious Australia Level 34 Santos Place, 32 Turbot Street, Brisbane, QLD 4000, Australia Via the contact page at innovacious.com/contact-us/