Terms of Service

Last updated: January 17, 2025

Effective date: January 17, 2025

1. Acceptance of Terms and Agreement

Welcome to educraft. These Terms of Service ("Terms," "Agreement," or "ToS") constitute a legally binding agreement between you ("User," "you," or "your") and educraft ("we," "us," "our," or "educraft") governing your access to and use of our AI-powered slide generation service (the "Service") accessible at https://educraft.co.nz and https://app.educraft.co.nz.

By accessing, browsing, or using our Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms or our Privacy Policy, you must not access or use the Service.

These Terms apply to all users of the Service, including without limitation, teachers, educators, administrators, and any other individuals who access or use the Service. Your use of the Service is also subject to any additional terms, conditions, or policies that we may post on the Service or provide to you, which are incorporated into these Terms by reference.

Modifications to Terms: We reserve the right to modify these Terms at any time. Material changes will be communicated to you as described in Section 11. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "Service" or "educraft Service" means the AI-powered slide generation platform, website, application, and all related services, features, content, and functionality provided by educraft.
• "User," "you," or "your" means any individual or entity that accesses or uses the Service.
• "Account" means the user account you create to access and use the Service.
• "Content" means any text, graphics, images, slides, presentations, data, information, or other materials created, generated, uploaded, or provided through the Service.
• "User Content" means Content that you create, generate, upload, or provide through the Service, including but not limited to slides, prompts, customizations, and modifications.
• "AI-Generated Content" means Content generated by artificial intelligence technology, including but not limited to OpenAI's API services.
• "Subscription" means a paid subscription plan that provides access to the Service for a specified period.
• "Free Trial" means a limited-time period during which you may access the Service without payment.
• "Intellectual Property" means all intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, patents, and proprietary information.

3. Description of Service

educraft provides an AI-powered slide generation service designed specifically for NCEA (National Certificate of Educational Achievement) teachers in New Zealand. Our Service helps educators create curriculum-aligned teaching materials efficiently.

3.1 Service Features

The Service includes, but is not limited to, the following features:

• AI-Powered Slide Generation: Generate educational slides based on NCEA curriculum standards using artificial intelligence technology
• Curriculum Alignment: Create content aligned with New Zealand's NCEA curriculum for Levels 1, 2, and 3
• Subject Support: Support for multiple subjects across the NCEA curriculum
• Customizable Templates: Access to customizable templates and content structures
• Content Customization: Modify, edit, and personalize generated content to meet your specific teaching needs
• Export Options: Export slides and presentations in various formats compatible with common presentation platforms
• Content Storage: Save and organize your generated content, templates, and preferences
• Educational Recommendations: Receive suggestions and recommendations for educational content

3.2 Service Limitations

You acknowledge and agree that:

• The Service uses third-party AI technology (OpenAI) and is subject to the limitations and capabilities of such technology
• AI-generated content may contain inaccuracies, errors, or may not always meet your specific requirements
• You are responsible for reviewing, verifying, and editing all AI-generated content before use
• The Service may not always be available due to maintenance, technical issues, or third-party service disruptions
• Features and functionality may change, be modified, or discontinued at any time
• We do not guarantee that the Service will be error-free, uninterrupted, or meet all of your requirements

3.3 Service Modifications

We reserve the right to modify, suspend, discontinue, or restrict access to any part of the Service at any time, with or without notice, for any reason, including but not limited to maintenance, updates, security, or business reasons. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

4. User Accounts and Registration

4.1 Account Creation and Requirements

To access and use the Service, you must create an account by providing accurate, current, and complete information as prompted during the registration process. You agree to:

• Provide true, accurate, current, and complete information about yourself as prompted by the registration form
• Maintain and promptly update your account information to keep it true, accurate, current, and complete
• Maintain the security and confidentiality of your account credentials (username, password, and any other security information)
• Accept responsibility for all activities that occur under your account, whether authorized by you or not
• Notify us immediately of any unauthorized use of your account or any other breach of security
• Ensure that you exit from your account at the end of each session, especially when using a shared or public computer
• Not create multiple accounts to circumvent subscription limitations or restrictions
• Not transfer, sell, or assign your account to any third party without our prior written consent

4.2 Account Eligibility

To use the Service, you must:

• Be at least 18 years of age or have reached the age of majority in your jurisdiction
• Have the legal capacity and authority to enter into binding agreements
• Not be prohibited from using the Service under the laws of New Zealand or any other applicable jurisdiction
• Not have been previously suspended or terminated from using the Service
• Be a teacher, educator, or educational professional, or have a legitimate educational purpose for using the Service

By creating an account or using the Service, you represent and warrant that you meet all of the above eligibility requirements. If you do not meet these requirements, you must not access or use the Service.

4.3 Account Security

You are solely responsible for maintaining the security of your account. This includes, but is not limited to:

• Using a strong, unique password that you do not use for any other service
• Not sharing your account credentials (username, password, or any other security information) with any third party
• Enabling and maintaining any additional security features we may offer (such as two-factor authentication)
• Logging out from your account when using shared or public devices
• Immediately reporting any suspected unauthorized access, security breach, or account compromise to us
• Taking reasonable steps to protect your devices and networks from malware, viruses, and other security threats

We are not liable for any loss or damage arising from your failure to comply with these security obligations. You acknowledge that we are not responsible for third-party access to your account that results from theft or misappropriation of your account credentials.

4.4 Account Verification

We reserve the right to verify your identity and eligibility at any time. We may require you to provide additional information or documentation to verify your account, including but not limited to proof of identity, professional credentials, or educational affiliation. Failure to provide requested verification information may result in suspension or termination of your account.

5. Acceptable Use and Prohibited Activities

You agree to use the Service only for lawful purposes and in accordance with these Terms and all applicable laws, regulations, and guidelines. You are solely responsible for your conduct and any Content you create, generate, or share through the Service.

5.1 Acceptable Use

You may use the Service for:

• Creating educational materials for legitimate teaching purposes
• Generating curriculum-aligned content for NCEA courses
• Preparing teaching materials for your students
• Personal professional development and educational purposes
• Any other lawful educational purpose consistent with these Terms

5.2 Prohibited Activities

You agree NOT to use the Service to:

• Violate Laws: Use the Service for any illegal, fraudulent, or unauthorized purpose, or in violation of any applicable local, state, national, or international law or regulation
• Harmful or Offensive Content: Generate, create, or share Content that is harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, pornographic, or otherwise objectionable
• Discrimination: Generate Content that discriminates against, harasses, or promotes discrimination against individuals or groups based on race, religion, gender, sexual orientation, age, disability, or any other protected characteristic
• Intellectual Property Violations: Infringe upon or violate the intellectual property rights, privacy rights, or other rights of any third party, including copyrights, trademarks, patents, trade secrets, or moral rights
• Unauthorized Access: Attempt to gain unauthorized access to our systems, networks, servers, or other users' accounts, or to circumvent any security measures or authentication systems
• Service Interference: Interfere with, disrupt, or damage the Service, servers, networks, or infrastructure, including through the use of viruses, malware, denial-of-service attacks, or other harmful code or activities
• Data Mining and Scraping: Scrape, crawl, spider, or use automated tools or scripts to extract data, Content, or information from the Service without our prior written consent
• Reverse Engineering: Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service or any part thereof
• Commercial Misuse: Use the Service for commercial purposes beyond your legitimate educational role, including but not limited to reselling, sublicensing, or commercial distribution of Content generated through the Service
• Impersonation: Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Spam and Unsolicited Communications: Use the Service to send spam, unsolicited messages, or communications, or to engage in any form of automated bulk communication
• Account Sharing: Share, transfer, sell, or otherwise provide access to your account to any third party
• Circumvention: Attempt to circumvent any usage limits, restrictions, or subscription terms, including by creating multiple accounts
• False Information: Provide false, inaccurate, or misleading information during account registration or while using the Service
• Malicious Code: Upload, transmit, or distribute any viruses, malware, worms, Trojan horses, or other harmful or malicious code
• Violate Educational Standards: Generate Content that violates educational standards, promotes academic dishonesty, or facilitates cheating or plagiarism

5.3 Content Review and Responsibility

You acknowledge and agree that:

• You are solely responsible for reviewing, verifying, and editing all AI-generated Content before use
• AI-generated Content may contain errors, inaccuracies, or may not be suitable for your specific purposes
• You must ensure that all Content you use complies with applicable laws, educational standards, and institutional policies
• You are responsible for obtaining any necessary permissions, licenses, or authorizations for Content you use
• We are not responsible for the accuracy, completeness, or suitability of any AI-generated Content

5.4 Enforcement

Violation of these acceptable use provisions may result in immediate suspension or termination of your account, legal action, and reporting to appropriate authorities. We reserve the right to investigate violations and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

6. Content and Intellectual Property Rights

6.1 Ownership of User Content

You retain all ownership rights, title, and interest in and to the User Content you create, generate, upload, or provide through the Service, including but not limited to:

• Slides, presentations, and educational materials you generate
• Custom prompts, instructions, and inputs you provide
• Modifications, edits, and customizations you make to generated content
• Original content you upload, create, or contribute
• Annotations, notes, and comments you add
• Templates and structures you create or customize

You are solely responsible for your User Content and the consequences of creating, generating, or sharing it. You represent and warrant that you have all necessary rights, licenses, and permissions to create, generate, and use your User Content.

6.2 Ownership of Service and Technology

We retain all ownership rights, title, and interest in and to the Service, including but not limited to:

• The educraft platform, website, and application
• All software, code, algorithms, and underlying technology
• User interface designs, layouts, graphics, and visual elements
• Proprietary methods, processes, and systems
• Service improvements, enhancements, and modifications
• Trademarks, service marks, logos, and brand elements
• Documentation, help materials, and support resources
• Aggregated, anonymized, or de-identified data and analytics

Nothing in these Terms grants you any right, title, or interest in the Service or our intellectual property, except for the limited license to use the Service as described in these Terms.

6.3 License Grant to Us

By creating, generating, uploading, or providing User Content through the Service, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to:

• Use, store, host, reproduce, modify, adapt, and display your User Content to provide, operate, and improve the Service
• Analyze your User Content and usage patterns to enhance user experience, improve our algorithms, and develop new features
• Use anonymized or aggregated data derived from your User Content for analytics, research, and service improvement purposes
• Ensure compliance with these Terms and enforce our rights
• Back up and archive your User Content as necessary for Service operation

This license continues even after you stop using the Service, except where deletion is required by law or as described in our Privacy Policy. You may revoke this license by deleting your User Content and account, subject to our data retention policies.

6.4 License Grant to You

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial educational purposes in accordance with these Terms. This license does not include:

• The right to resell, sublicense, or commercially distribute the Service or any part thereof
• The right to modify, adapt, or create derivative works of the Service
• The right to reverse engineer, decompile, or disassemble the Service
• The right to remove or alter any proprietary notices or labels on the Service

6.5 Intellectual Property Infringement

We respect intellectual property rights and expect our users to do the same. If you believe that any Content on the Service infringes your intellectual property rights, please contact us with a detailed notice of infringement. We will investigate and take appropriate action in accordance with applicable law.

You agree not to use the Service to infringe upon the intellectual property rights of others. If we receive a valid notice of infringement regarding your User Content, we may remove or disable access to such Content and may terminate your account if you are a repeat infringer.

7. AI Technology and Third-Party Services

7.1 Use of OpenAI Technology

Our Service utilizes artificial intelligence technology provided by OpenAI through their API services. We want to be transparent about this relationship:

• OpenAI Attribution: We do not claim ownership or credit for OpenAI's AI models, algorithms, or underlying technology. OpenAI is the owner of its AI technology and services.
• API Compliance: OpenAI's technology is used under their Terms of Service, API agreements, and Privacy Policy. By using our Service, you also agree to comply with OpenAI's applicable terms.
• Our Responsibility: We are responsible for how we integrate, present, and use OpenAI's technology in our Service. We are not responsible for OpenAI's technology, services, or policies.
• Content Processing: When you use our Service to generate content, your prompts and generated content may be processed through OpenAI's systems. We do not share your personal identifying information (name, email, etc.) with OpenAI, but the content you generate is processed in accordance with OpenAI's Privacy Policy.
• Service Dependencies: Our Service depends on OpenAI's API availability and performance. We are not responsible for OpenAI service disruptions, changes, or discontinuation.

For more information about OpenAI's services and policies, please review OpenAI's Terms of Service and Privacy Policy.

7.2 AI-Generated Content Disclaimers

You acknowledge and agree that:

• AI-generated Content is created by artificial intelligence and may contain errors, inaccuracies, or may not be suitable for your specific purposes
• AI-generated Content may not always align perfectly with NCEA curriculum standards or your specific requirements
• AI-generated Content may reflect biases or limitations inherent in the underlying AI models
• You are solely responsible for reviewing, verifying, editing, and validating all AI-generated Content before use
• We do not guarantee the accuracy, completeness, reliability, or suitability of any AI-generated Content
• AI-generated Content should not be used as a substitute for professional judgment, curriculum expertise, or educational best practices
• You should always review and adapt AI-generated Content to ensure it meets your specific teaching needs and educational standards

7.3 Third-Party Services

The Service may integrate with or use third-party services, including but not limited to:

• Payment processors for subscription billing
• Cloud hosting and infrastructure providers
• Analytics and monitoring services
• Email and communication services
• Customer support tools

Your use of third-party services is subject to their respective terms of service and privacy policies. We are not responsible for third-party services, their availability, or their policies. We do not endorse or assume responsibility for any third-party services.

8. Payment Terms and Subscription

8.1 Subscription Plans and Pricing

Our Service operates on a subscription basis. We offer various subscription plans with different features and pricing. Current subscription plans, features, and pricing are displayed on our website and may be updated from time to time.

• Subscription Types: We offer monthly and annual subscription options, each with different features and pricing
• Free Trial: We may offer a free trial period for new users, subject to the terms and conditions of the trial offer
• Billing Cycle: Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your plan)
• Automatic Renewal: Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date
• Price Changes: We reserve the right to change our pricing at any time. We will provide at least 30 days' written notice (via email or through the Service) before any price increase takes effect. Price increases will not apply to your current billing period but will apply to subsequent renewals
• Taxes: All fees are exclusive of applicable taxes (including GST in New Zealand). Taxes will be added to your bill as required by law. You are responsible for paying all applicable taxes
• Currency: All fees are charged in New Zealand Dollars (NZD) unless otherwise specified

8.2 Payment Methods and Processing

We accept various payment methods, including credit cards, debit cards, and other payment methods as we may make available from time to time. Payments are processed securely through third-party payment processors.

• Payment Authorization: By providing payment information, you authorize us to charge your payment method for all fees due under your subscription
• Payment Information: We do not store your full payment card information on our servers. Payment information is securely processed and stored by our third-party payment processors in accordance with PCI-DSS standards
• Failed Payments: If a payment fails, we may suspend or terminate your subscription. We will attempt to notify you of failed payments and may retry the payment
• Payment Disputes: If you dispute a charge, please contact us immediately. We will work with you to resolve the dispute

8.3 Free Trial

If you sign up for a free trial:

• You may be required to provide payment information to start the trial
• The trial period and features are as specified in the trial offer
• You can cancel at any time during the trial period without being charged
• If you do not cancel before the trial ends, your subscription will automatically begin and you will be charged the applicable subscription fee
• We reserve the right to modify or discontinue free trials at any time

8.4 Subscription Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of your current billing period. You will retain access to the Service until the end of your current billing period, after which your access will be terminated.

• How to Cancel: You can cancel your subscription through your account settings or by contacting us at rumiawais@gmail.com
• Effective Date: Cancellation takes effect at the end of your current billing period
• No Refunds: Cancellation does not entitle you to a refund for any fees already paid, except as required by New Zealand law (see Section 8.5)
• Immediate Cancellation: We may offer immediate cancellation in certain circumstances, but this does not entitle you to a refund

8.5 Refunds

Our refund policy is as follows:

• General Policy: All subscription fees are non-refundable, except as required by New Zealand law or as otherwise specified in these Terms
• Consumer Guarantees Act 1993: Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993. If the Service fails to meet a guarantee under the Act, you may be entitled to a refund or other remedies
• Service Defects: If the Service has a significant defect that we cannot remedy, you may be entitled to a refund under New Zealand consumer protection laws
• Billing Errors: If we make a billing error, we will correct it and, if you have been overcharged, provide a refund or credit
• Refund Requests: Refund requests must be submitted in writing to rumiawais@gmail.com with a detailed explanation of the reason for the request
• Processing Time: If a refund is approved, it will be processed within 10-14 business days to your original payment method

8.6 Subscription Changes

You may upgrade or downgrade your subscription plan at any time. Changes to your subscription plan will take effect immediately or at the start of your next billing period, as applicable. Pricing adjustments will be prorated based on the time remaining in your current billing period.

9. Service Availability and Support

9.1 Service Availability

We strive to maintain high service availability and reliability, but we cannot guarantee that the Service will be available 100% of the time. The Service may be temporarily unavailable due to:

• Scheduled Maintenance: Planned maintenance, updates, and improvements that we schedule in advance
• Unscheduled Maintenance: Emergency maintenance to address critical issues or security vulnerabilities
• Technical Issues: System failures, bugs, errors, or technical problems that affect Service operation
• Third-Party Service Disruptions: Disruptions in services provided by third parties, including but not limited to OpenAI, cloud hosting providers, or payment processors
• Network Issues: Internet connectivity problems, network outages, or infrastructure failures
• Force Majeure Events: Events beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or other acts of God
• Security Incidents: Security threats, attacks, or incidents that require temporary Service suspension

We will make reasonable efforts to notify you of planned maintenance and significant Service disruptions, but we are not obligated to do so. We are not liable for any loss or damage resulting from Service unavailability.

9.2 Customer Support

We provide customer support to help you use the Service effectively. Support is available through:

• Email Support: rumiawais@gmail.com - For general inquiries, technical support, and account assistance
• Phone Support: EDUCRAFT (022 569 2631) - Available during business hours
• In-App Help: Help documentation, FAQs, and guides available within the Service
• Response Times: We aim to respond to support inquiries within 24-48 hours during business days (Monday-Friday, 9:00 AM - 5:00 PM NZST)

Support availability may vary, and we reserve the right to modify support channels, hours, or response times at any time. We do not guarantee specific response times or support availability.

9.3 Service Level Objectives

While we strive for high availability, we do not provide service level agreements (SLAs) or guarantee specific uptime percentages. Our service level objectives are targets, not guarantees, and we are not liable for failing to meet them.

10. Warranties and Disclaimers

10.1 Service Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the Service will be uninterrupted, timely, secure, or error-free
• Warranties regarding the accuracy, completeness, reliability, or suitability of any Content, including AI-generated Content
• Warranties that the Service will meet your specific requirements or expectations
• Warranties that defects or errors will be corrected
• Warranties regarding the security, privacy, or confidentiality of information transmitted through the Service

10.2 Consumer Guarantees Act 1993

NOTHING IN THESE TERMS LIMITS OR EXCLUDES YOUR RIGHTS UNDER THE CONSUMER GUARANTEES ACT 1993 (NEW ZEALAND) OR ANY OTHER APPLICABLE CONSUMER PROTECTION LAWS THAT CANNOT BE EXCLUDED BY AGREEMENT.

If you are a consumer (as defined under the Consumer Guarantees Act 1993), the Service comes with guarantees that cannot be excluded under the Act, including:

• Guarantees that the Service is of acceptable quality
• Guarantees that the Service is fit for the particular purpose for which you acquired it
• Guarantees that the Service matches any description or sample we provided

If the Service fails to meet a guarantee under the Consumer Guarantees Act 1993, you may be entitled to remedies including repair, replacement, or refund, depending on the circumstances.

10.3 AI Content Disclaimers

You acknowledge and agree that:

• AI-generated Content is created by artificial intelligence and may contain errors, inaccuracies, biases, or may not be suitable for your purposes
• We do not warrant or guarantee the accuracy, completeness, reliability, or educational value of any AI-generated Content
• AI-generated Content should not be used as a substitute for professional judgment, curriculum expertise, or educational best practices
• You are solely responsible for reviewing, verifying, and validating all AI-generated Content before use

11. Limitation of Liability

11.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EDUCRAFT, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill
• Damages resulting from your use or inability to use the Service
• Damages resulting from errors, mistakes, or inaccuracies in Content, including AI-generated Content
• Damages resulting from unauthorized access to or use of your account or the Service
• Damages resulting from Service interruptions, delays, or failures
• Damages resulting from third-party services, including OpenAI or payment processors
• Any damages exceeding the total amount you paid to us for the Service in the 12 months preceding the claim, or NZD $100, whichever is greater

11.2 Exceptions to Limitation

The limitations of liability in Section 11.1 do not apply to:

• Liability that cannot be excluded or limited under the Consumer Guarantees Act 1993 or other applicable consumer protection laws
• Liability for death or personal injury caused by our negligence
• Liability for fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited by law

11.3 Allocation of Risk

You acknowledge that the limitations of liability in this Section 11 are a fundamental part of the basis of the bargain between you and us, and that we would not provide the Service to you without these limitations.

12. Indemnification

You agree to indemnify, defend, and hold harmless educraft, its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any law or regulation
• Your infringement of any intellectual property or other rights of any third party
• Your User Content, including any claims that your User Content infringes or violates any rights of any third party
• Your use of AI-generated Content, including any claims arising from the accuracy, completeness, or suitability of such Content

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in defending such claims.

13. Termination and Account Closure

13.1 Termination by You

You may terminate your account and stop using the Service at any time by:

• Contacting our support team at rumiawais@gmail.com
• Using the account deletion feature in your account settings (if available)
• Providing written notice of termination to us

Termination of your account will result in the cancellation of your subscription (if applicable) at the end of your current billing period, unless you request immediate termination.

13.2 Termination by Us

We may suspend or terminate your account, or restrict your access to the Service, immediately and without prior notice, if:

• You violate these Terms or any applicable law or regulation
• You engage in fraudulent, illegal, or harmful activities
• Your account poses a security risk to us, other users, or the Service
• You fail to pay subscription fees when due
• You breach any representation or warranty in these Terms
• We are required to do so by law, regulation, or court order
• We determine, in our sole discretion, that termination is necessary to protect our rights, property, or safety, or that of our users or the public
• You have been inactive for an extended period (as determined by us)

We may also suspend your account temporarily while we investigate suspected violations of these Terms.

13.3 Effects of Termination

Upon termination of your account:

• Your right to access and use the Service will immediately cease
• Your subscription (if applicable) will be cancelled, and you will not be charged for future billing periods
• You will lose access to your account, User Content, and any data stored in your account
• We will delete or anonymize your account and personal data in accordance with our Privacy Policy (typically within 90 days)
• You will not be entitled to any refund for fees already paid, except as required by law or as specified in Section 8.5
• Provisions of these Terms that by their nature should survive termination will survive, including but not limited to Sections 6 (Intellectual Property), 10 (Warranties), 11 (Limitation of Liability), 12 (Indemnification), and 15 (Governing Law)

13.4 Data Export Before Termination

Before your account is terminated, you may export or download your User Content. We recommend that you export your Content before requesting account deletion. We are not responsible for any loss of data after account termination.

14. Changes to Terms and Service

14.1 Modification of Terms

We reserve the right to modify, update, or change these Terms at any time, in our sole discretion. When we make changes to these Terms:

• We will update the "Last updated" date at the top of these Terms
• For material changes, we will notify you by email (to the email address associated with your account) or through a prominent notice on the Service
• We will provide at least 30 days' notice before material changes take effect, where required by law
• Your continued use of the Service after changes become effective constitutes your acceptance of the updated Terms
• If you do not agree with the changes, you must stop using the Service and terminate your account before the changes take effect

14.2 Modification of Service

We reserve the right to modify, suspend, discontinue, or restrict any aspect of the Service at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

14.3 Previous Versions

If you would like to review previous versions of these Terms, please contact us. We recommend that you review these Terms periodically to stay informed of any changes.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law principles. Any disputes arising from or relating to these Terms or your use of the Service will be subject to the exclusive jurisdiction of the courts of New Zealand.

15.2 Dispute Resolution Process

If a dispute arises between you and us, we encourage you to first contact us to try to resolve the dispute informally. If we cannot resolve the dispute informally, the following process applies:

• Step 1 - Negotiation: The parties will attempt to resolve the dispute through good faith negotiations for a period of 30 days
• Step 2 - Mediation: If negotiations fail, the parties may agree to resolve the dispute through mediation with a mutually acceptable mediator
• Step 3 - Legal Proceedings: If mediation is unsuccessful or not pursued, either party may commence legal proceedings in the courts of New Zealand

15.3 Consumer Rights

Nothing in these Terms limits or affects your rights as a consumer under:

• The Consumer Guarantees Act 1993
• The Fair Trading Act 1986
• Any other applicable consumer protection laws in New Zealand

Your consumer rights cannot be excluded or limited by agreement, and these Terms do not attempt to do so.

15.4 Class Action Waiver

To the maximum extent permitted by law, you agree that any disputes will be resolved on an individual basis and that you will not participate in, or be represented in, any class action or representative proceeding.

16. Force Majeure

We are not liable for any failure or delay in performance under these Terms that is due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, acts of God, or extreme weather conditions
• War, terrorism, civil unrest, or government actions
• Pandemics, epidemics, or public health emergencies
• Strikes, labor disputes, or work stoppages
• Internet or telecommunications failures or disruptions
• Third-party service failures, including OpenAI or cloud hosting providers
• Cyberattacks, security breaches, or data breaches
• Changes in laws or regulations

If a force majeure event continues for more than 30 days, either party may terminate these Terms upon written notice to the other party.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid, illegal, or unenforceable provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, it will be severed from these Terms.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and us regarding your use of the Service and supersede all prior or contemporaneous agreements, understandings, or communications, whether written or oral, relating to the Service.

19. Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by us to be effective.

20. Assignment

You may not assign, transfer, or delegate these Terms or your rights or obligations hereunder without our prior written consent. We may assign, transfer, or delegate these Terms or our rights or obligations hereunder without your consent, including in connection with a merger, acquisition, or sale of assets.

21. Contact Information and Support

If you have questions, concerns, or requests regarding these Terms or the Service, please contact us:

22. Additional Information and Resources

22.1 Consumer Rights Resources

For more information about your consumer rights and business regulations in New Zealand, you may visit:

• Consumer Protection New Zealand - Information about consumer rights and protections
• Commerce Commission - New Zealand's competition and consumer authority
• New Zealand Legislation - Access to New Zealand's laws and regulations
• Consumer NZ - Independent consumer advocacy organization

22.2 Related Documents

• Privacy Policy - How we collect, use, and protect your personal information
• Contact Us - General contact information and support

These Terms of Service were last updated on January 17, 2025. We reserve the right to update these Terms at any time. Please check this page periodically for updates.