Terms of Service

1. The agreement

These terms are an agreement between you, or the organisation you represent ("you", "Customer"), and Kahu Logic Limited, a company incorporated in New Zealand (NZBN 9429053390776) ("KahuLogic", "we", "us"). They govern your access to and use of this website, the KahuLogic web and mobile apps and any related services and support (together, the "Services"). You accept these terms when you create an account, start a trial, tick or press a button that refers to them, or use the Services. If you accept on behalf of an organisation, you confirm that you are authorised to bind it, and "you" means that organisation.

Our Privacy Policy, Cookie Policy and Data Processing Addendum form part of this agreement. If documents conflict, this order applies: a separate written order or agreement signed by both of us, then the Data Processing Addendum (for Customer Data), then these terms, then the policies.

2. Eligibility and accounts

The Services are provided for business use only. You must be at least 18 years old and legally able to enter into a contract, and you confirm that you are acquiring the Services for the purposes of a business and not as a consumer. You must provide accurate account information and keep it current. You are responsible for all activity under your account, for the security of your sign-in details, and for the acts and omissions of the users you invite, who must follow these terms. Tell us promptly at hello@kahulogic.com if you believe your account has been accessed without authorisation.

3. The Services, plans and trials

We grant you a non-exclusive, non-transferable, revocable right to access and use the Services during your subscription, for your own internal business purposes (or, on an agency plan, your clients' purposes as clause 9 allows), in accordance with these terms and the limits of your plan. Features, limits and included allowances are those described for your plan on our pricing page at the time of purchase.

We develop the Services continuously and may add, change or remove features. Where a change would materially reduce the core functionality of the plan you have paid for, we will give you at least 30 days' notice, and you may cancel before it takes effect and receive a refund of fees you have prepaid for the period after it.

Trials. A free trial lasts for the period and includes the allowance we state when you start it. We do not charge you for a trial. When it ends, your workspace is paused until you choose a paid plan; if you do not choose one within 30 days, we may delete the workspace and its content. Trials, and features we label as beta, preview or early access, are provided as they are, may be limited, changed or ended at any time, and are excluded from any commitment we make about availability or support.

4. Fees, billing, credits and promotions

Fees. Fees are in United States dollars unless we state another currency at checkout, and are exclusive of GST, VAT and other taxes, which are added where they apply. Subscription fees are payable in advance for each billing period, and your subscription renews automatically for the same period until you cancel. You authorise us and our payment provider to charge your nominated payment method for subscription fees, add-ons, per-client fees and credit purchases you make, and for automatic top-ups if you turn them on. Upgrades take effect immediately and are charged pro rata; downgrades and cancellations take effect at the end of the current billing period.

Late payment. If a payment fails, we will tell you and retry it. If it remains unpaid 14 days after we tell you, we may suspend the Services until it is paid.

Credits. Some features use credits. Your plan's included credits, whether unused credits carry over, and the price of top-up credits are as described on our pricing page at the time. We show the credit cost before you start a task, and return the credits for a task that fails. Credits have no cash value, cannot be transferred or exchanged for money, and are not refundable except where the law requires it. Unused credits end when your account closes.

Promotions. A promotion or discount code applies only on the terms stated for it, to eligible plans, and only while it is valid. We decide whether a code applies at checkout. Codes cannot be exchanged for cash or combined unless we say so, and we may withdraw a code, or reverse a discount obtained by misuse, error or in breach of its terms.

Refunds. You may cancel at any time from your account, with effect from the end of the current billing period. Except where these terms say otherwise or the law requires it, fees already paid are not refundable, and cancellation does not entitle you to a refund of the unused part of a period.

Price changes. We may change our prices with at least 30 days' notice. The change takes effect from your next billing period after the notice ends, and you may cancel before then.

Amounts you spend with third-party platforms, including advertising spend, are billed to you by those platforms directly and are not part of our fees.

5. Your content and Customer Data

You retain all rights in the content you submit to, or generate through, the Services, including your brand material, records and customer information ("Customer Content"). You grant us a licence to host, copy, transmit, display and process Customer Content only to the extent necessary to provide, secure and support the Services, and to comply with the law.

You warrant that you own or are licensed to use Customer Content; that your use of it through the Services does not infringe the rights of any person; that you have given every notice and obtained every consent the law requires to collect personal information and use it through the Services, including to message or call the people in your contact lists; and that you will not submit sensitive information except as our Privacy Policy allows. Where Customer Content includes personal information about your customers, contacts or staff ("Customer Data"), you are responsible for it and we process it on your behalf under our Data Processing Addendum.

We may collect and use information about how the Services are used, in aggregated or de-identified form that does not identify you or any individual, to operate, secure and improve the Services. You are responsible for keeping your own copies of Customer Content and for exporting it before your subscription ends.

6. Acceptable use

You must not use the Services, or allow anyone else to use them, to:

• breach any law, regulation, industry code or platform policy, including advertising, consumer, anti-spam, telemarketing, privacy and fair trading laws;
• send commercial email or SMS without the consent the law requires, without accurately identifying the sender, or without a working unsubscribe method; send to purchased, rented or scraped lists; or keep contacting a person who has unsubscribed or asked you to stop, including under the Unsolicited Electronic Messages Act 2007 (NZ), the Spam Act 2003 (Cth) or any equivalent law;
• make telemarketing or cold calls in breach of the Do Not Call Register Act 2006 (Cth), the Telemarketing and Research Calls Industry Standard 2017 or any equivalent law, or record a call without the notice or consent the law requires;
• use business research information for anything other than contacting a business about something relevant to it, sell or share it, or use it to contact individuals as consumers;
• publish content that is misleading or deceptive, defamatory, obscene, hateful, harassing or discriminatory, or that infringes intellectual property or privacy rights, including fake reviews or testimonials, or claims about products, prices or results that you cannot substantiate;
• create or publish an image, video, avatar or voice that depicts or imitates a real person without that person's written consent, impersonate any person, or misrepresent an affiliation, endorsement or qualification, or that content was made by a person when it was generated;
• promote or sell anything unlawful, or anything a connected platform prohibits, or provide regulated financial, legal or medical advice to the public through the Services;
• upload malicious code, attempt to gain unauthorised access to any system, probe or test our security, circumvent our safety or usage limits, or interfere with the operation of the Services;
• reverse engineer, copy, resell, sublicense or provide the Services to a third party except as clause 9 permits for agency plans; or
• use the Services to develop a competing product, or to extract data at a scale that burdens the Services.

We may investigate suspected breaches, and may remove content, pause sending or calling, or suspend access where we reasonably consider it necessary. We may limit sending volumes, and pause campaigns with unusually high bounce, complaint or opt-out rates, to protect you, recipients and the deliverability of the Services.

7. Automated drafts and your review

The Services use automated systems, including machine learning models, to prepare drafts such as pages, posts, campaigns, emails, replies, images, video, voice, bookings, research and summaries. Those drafts may contain errors, omissions or statements that are inaccurate or unsuitable for your business, your market or your regulatory obligations. Outputs are suggestions for your consideration, not professional work product, and similar or identical outputs may be produced for other customers. Automated systems can behave unpredictably, can misinterpret an instruction, and can produce content that is inaccurate, offensive, out of date or misleading. We do not warrant that any output is accurate, complete, lawful, original or fit for your purpose.

You are responsible for reviewing outputs before they are published, sent or acted on, and for the accuracy, legality and suitability of everything published, sent or transacted through your accounts, whether or not you reviewed it first. Review settings, approval queues and similar controls are configuration options that you choose and may change; they are not a warranty by us that an output will be reviewed, delayed or withheld, and they do not transfer responsibility for an output to us. Where you enable automation that acts without individual review, or where an output is published, sent or relied on without review for any reason, you accept responsibility for the resulting actions and their consequences.

You are likewise responsible for how you and your authorised users instruct and interact with the automated features of the Services, including prompts and instructions you give, content you supply, attempts to circumvent safety measures, and any use of an output that is misleading, deceptive, unlawful or contrary to a third-party platform policy. Where the law or a platform requires you to disclose that content or a conversation is generated by AI, you are responsible for doing so. You must not rely on the Services to satisfy a legal, regulatory, professional or licensing obligation, and you must not represent an output as human-prepared professional advice.

8. Websites, messaging, calls and connected accounts

Websites and domains. You own your domain and remain its registrant. You are responsible for the content of websites you publish with the Services, and for the privacy policy, cookie notice and consent choices shown to their visitors. We may remove or disable content on a website we host if we receive a credible notice that it is unlawful or infringes someone's rights, and will tell you when we do.

Messaging and calls. When you send email or SMS, or make or receive calls, through the Services, you are the sender or caller. You are responsible for your sender names and numbers, your consent records, your unsubscribe and do-not-call handling, and any recording notices. Where you use a sending address or number we provide, you must use it only for your own messages and within any limits we set.

Connected mailboxes. Where you connect your own mailbox, you authorise us to create the drafts you ask for in it and to read the details needed to show where those messages stand. You send every message yourself.

Google Ads manager link. Where you choose to link your Google Ads account to KahuLogic's Google Ads manager account, you authorise that link and the access Google gives a manager account, which we use only to provide the Services to you. You can remove the link at any time in Google Ads, and we will stop using it when your subscription ends.

Likenesses and voices. Where you supply a person's image, video or voice to create an avatar, video or voiceover, you warrant that you have that person's written consent to the use, and you will give us a copy on request. Some of these features are provided by third parties whose terms also apply.

9. Agencies

If you use an agency plan to manage workspaces for your clients, you are our customer for those workspaces. You warrant that you are authorised by each client to act for it, to connect its accounts and to submit its information; you are responsible for your clients' compliance with these terms and for paying all fees for their workspaces; and you must not describe KahuLogic as your own product or make any promise on our behalf. Each client is an authorised user of the Services through you unless it has its own agreement with us. If a client asks us directly about its own workspace or accounts, we may tell it how to disconnect its accounts and export its content.

10. No promotion or endorsement

We do not promote, endorse, recommend, sponsor or guarantee any third party, product, service, platform, professional, listing or item of user content that appears in or through the Services. References to third-party platforms, integrations, names or logos are for identification only and do not imply any affiliation, partnership or approval, in either direction, unless we have stated one in writing.

Where the Services list, introduce or connect you to independent providers, including agencies, contractors or specialists, those providers are not our employees or agents. We do not vet, supervise or accept responsibility for their work, advice, conduct, pricing or availability, and any engagement is a matter between you and them. Content prepared or published by customers through the Services is their content and does not represent our views.

11. No professional advice

Nothing in the Services, on this website, or in any material we publish is legal, accounting, tax, financial, medical, employment or other professional advice, and none of it should be relied on as a substitute for advice from a qualified adviser who knows your circumstances. Information about laws, standards or platform policies, including calling-hours guidance and compliance prompts in the Services, is general in nature, may not be current, and may not apply to you.

12. No guarantee of results

We do not guarantee any particular commercial outcome from use of the Services, including search rankings, impressions, reach, engagement, deliverability, enquiries, bookings, leads, conversions, revenue or cost per result. Results depend on factors outside our control, including your market, your offer, your budget, and the policies, algorithms and availability of third-party platforms. Any figures, examples, benchmarks or case studies we publish are illustrative and are not a promise of performance.

13. Third-party services

The Services can connect to accounts and services you hold with third parties. Your use of those services is governed by their terms and policies, and you are responsible for complying with them, including any restrictions on automated activity or messaging. Third parties may change, limit, price or withdraw their interfaces at any time, which may affect the functionality available to you. We are not liable for the acts, omissions, charges, outages or decisions of third-party providers, including the suspension or closure of one of your accounts by a platform.

14. Intellectual property and publicity

We own all intellectual property rights in the Services, including the software, interfaces, templates, models and configurations we use, our documentation, and our name, logos and brand features. These terms grant you a right to use the Services and do not transfer any of those rights. You may not use our name or logos without our prior written consent, except to state factually that you use the Services.

Subject to your payment of fees, you own the outputs generated for you from your Customer Content, to the extent such rights can be owned; this does not include our templates, designs and software, which we license to you for use with the Services, or third-party material. We may use feedback you give us to improve the Services without obligation to you.

We may identify you as a customer, by name and logo, on our website and in our marketing materials. If you would rather we did not, tell us at hello@kahulogic.com and we will stop, and remove existing uses we control within 30 days.

15. Confidentiality, privacy and support access

Each party must keep the other's confidential information confidential and use it only for the purposes of this agreement, except where disclosure is required by law or to advisers and service providers bound by equivalent obligations. Our handling of personal information is described in the Privacy Policy, and our commitments as your processor in the Data Processing Addendum.

You authorise our personnel to access your workspace where needed to provide support you have asked for, to investigate a security, abuse, billing or technical issue, or to comply with the law. That access is limited to what the purpose needs and is recorded.

16. Availability, support and suspension

We aim to keep the Services available and to provide support during business hours in New Zealand and Australia, but we do not commit to any service level unless we have agreed one in writing. The Services may be unavailable during maintenance, or because of faults, third-party outages or events beyond our reasonable control. We may suspend or limit access where necessary for security, to comply with the law or a platform's requirements, where fees are overdue as clause 4 describes, or where we reasonably believe your use breaches clause 6. Where practicable we will give notice first, suspend only what is necessary, and restore access once the issue is resolved.

17. Term and termination

This agreement continues while you hold an account. You may cancel for convenience at any time, with effect from the end of the current billing period. We may end this agreement for convenience on at least 30 days' notice, and will then refund fees you have prepaid for the period after it ends. Either party may terminate immediately if the other commits a material breach that is not remedied within 14 days of notice, or becomes insolvent. We may terminate immediately for serious or repeated breach of clause 6.

On termination your right to use the Services ends and accrued fees remain payable. You can export your Customer Content for 30 days afterwards, and we then delete or de-identify it as our Privacy Policy describes, subject to any legal obligation to keep it. Clauses that by their nature should survive termination continue to apply, including clauses 4, 5, 7, 10 to 12, 14, 15, 18, 19, 20 and 22.

18. Warranties and consumer law

We warrant that we will provide the Services with reasonable care and skill. To the extent permitted by law, all other warranties, conditions and representations, express or implied, are excluded, including any implied warranty of fitness for a particular purpose, uninterrupted or error-free operation, or that outputs will be accurate, complete or suitable for your purposes.

Nothing in these terms limits rights you have that cannot lawfully be excluded, including under the Consumer Guarantees Act 1993 (NZ), the Fair Trading Act 1986 (NZ), or the Australian Consumer Law where it applies. You acquire the Services in trade and for the purposes of a business, and we both agree that, to the extent permitted and because it is fair and reasonable for businesses contracting on these terms, the Consumer Guarantees Act 1993 and sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply. Where the Australian Consumer Law applies and the Services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for failure to comply with a consumer guarantee is limited, at our option, to supplying the Services again or paying the cost of having them supplied again.

19. Limitation of liability

To the extent permitted by law, neither party is liable to the other for indirect or consequential loss, or for loss of profit, revenue, goodwill, opportunity, anticipated savings, data or reputation, however arising. To the extent permitted by law, each party's total aggregate liability under or in connection with this agreement, whether in contract, tort (including negligence), equity or otherwise, is limited to the fees paid and payable by you for the Services in the twelve months before the event giving rise to the liability.

We are not liable for loss arising from content you approved or published, from your use of or reliance on an automated draft, from your instructions, from the acts or omissions of third-party platforms or independent providers, or from your failure to keep your own copies of Customer Content, except to the extent the loss was caused by our breach of these terms or our negligence. The limits in this clause do not apply to your obligation to pay fees, to your liability under clause 20 or for breach of clause 6, to either party's fraud, or to liability that cannot lawfully be limited.

20. Indemnity

You indemnify us against third-party claims, and the resulting losses, costs and reasonable legal expenses, to the extent they arise from Customer Content, from material published, sent or called through your accounts, from your breach of clause 6, from your breach of a law or third-party right in connection with your use of the Services, or, on an agency plan, from a claim by one of your clients. We will tell you promptly of any such claim, let you conduct its defence at your cost, and not settle it without your consent, which you must not unreasonably withhold.

21. Changes to these terms

We may amend these terms from time to time, for example to reflect changes to the Services, the law or our providers' terms. We will publish the amended terms with a new effective date and, where a change is material, give notice through the Services or by email at least 30 days before it takes effect. If you do not accept a material change, you may cancel before it takes effect and we will refund fees you have prepaid for the period after it. If you continue to use the Services after the effective date, the amended terms apply.

22. General and governing law

This agreement is governed by the laws of New Zealand, and the courts of New Zealand have non-exclusive jurisdiction. Before starting proceedings, other than for urgent injunctive relief, each party will make a genuine attempt to resolve the dispute by discussion in good faith for at least 20 business days. Neither party is liable for failure to perform caused by an event beyond its reasonable control. You may not assign this agreement without our consent; we may assign it in connection with a sale or reorganisation of our business, and may use subcontractors, for whom we remain responsible. You must not use the Services in breach of sanctions or export control laws. We give notices by email to the address on your account or in the Services; you give notices to us by email as clause 24 describes. If a provision is unenforceable it is severed and the rest continues. A failure to enforce a right is not a waiver of it. These terms, together with the documents they refer to, are the entire agreement between the parties on this subject.

23. Brand Scan & Marketing Communications

By entering a website URL into the brand scan field and using the "Scan my brand" feature, you agree to these Terms and consent to Kahu Logic contacting you about our brand and marketing products and services by email, phone call and SMS. You can opt out at any time by clicking unsubscribe in our emails, replying STOP to SMS, or contacting us.

24. Contact

Questions about these terms should be sent to hello@kahulogic.com. Formal notices under these terms, and notices about content on a website we host, should be sent to legal@kahulogic.com. Privacy matters go to privacy@kahulogic.com.

25. Examples and illustrations

The screens, businesses, names, figures and timings on this site are examples that show how Kahu works. They are not customer results or promises. Some features shown are released in stages, so what is in your workspace can differ by plan and country. Kahu drafts and you approve; automations run only when you switch them on. Prices and credit costs are the ones on the Pricing page.

26. Features in progress

The following are in progress and launching soon. They are not part of the Services today, and nothing on this site should be read as saying they are.

• Step-by-step guides. Until then, ask Kahu inside your workspace, or contact us and a person replies by email.
• The all-clients view for agencies. Today you switch between client workspaces in a click.
• White-label branding for agencies, including swapping or removing the “Made with KahuLogic” credit in a client site’s footer.
• A full workspace export. Contacts export as a CSV, and you can download what Kahu Creative makes while your plan or trial is active.
• Undo from the approvals log, and declining a draft with a reason.
• Standing rules that approve other low-risk work in advance, and rules for which bookings confirm themselves.
• WhatsApp Inbox, including linking chats to Kahu CRM records and WhatsApp campaigns and reminders. The Pricing page will say which plans include it.
• SMS campaigns to New Zealand numbers (they send in Australia today), and your business name as the SMS sender.
• Google and Apple Calendar sync for the Bookings diary.
• In Kahu Bookings: deposits, a floor plan view for restaurants, a waitlist that refills a cancelled slot, moving a booking in chat, choosing a stylist by name on the booking page, nightly rates and multi-night stays, return and damage tracking, your own extra message to booked guests or to everyone on a departure, post-visit follow-ups, channel manager sync, and confirmations and reminders in languages other than English.
• In the Assets Library: importing photos from LinkedIn, a warning for assets still used on a live page or scheduled post, and downloading from the library, one file or all of it.
• Separate hours and an address for each location in the Brand Kit.
• Loyalty points and referrals in Kahu CRM, and linking a student to their guardians on one record.
• A direct portal feed for real estate listings, applicant tracking for recruitment, and store connections, starting with Shopify.
• Replies to Google reviews, which need Business Profile access that Kahu has applied to Google for.