Terms of Service

1. The Service

The Service is an AI-assisted platform that helps small businesses build and update websites, run marketing across email, social, and messaging channels, manage customer relationships, and operate day-to-day workflows. The Service is provided on a subscription basis and is delivered as software-as-a-service.

2. Eligibility and account registration

To use the Service you must be at least sixteen years old and capable of entering into a binding contract under New Zealand or Australian law. If you use the Service on behalf of a business, you represent that you have authority to bind that business to these Terms.

You are responsible for keeping your login credentials secure, for all activity on your account, and for ensuring that the people you give access to comply with these Terms.

3. Your content and licence to us

You retain ownership of all content you upload, generate, or store inside the Service (“Customer Content”). This includes website copy, brand assets, product catalogues, customer records, and campaign drafts.

You grant Kahu Logic a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, display, and process your Customer Content solely as necessary to provide and support the Service. This licence ends when you delete the Customer Content or close your account, except for backup copies that are overwritten in the normal rotation (typically within ninety days).

You confirm that you have the right to upload your Customer Content and that it does not infringe any third party’s rights or any law.

4. AI-generated content

The Service uses AI to draft content (text, images, schedules, replies, and similar outputs) on your behalf. Important things to know about AI output:

• You decide what is published. The Service does not publish, post, or send AI-generated content on your behalf without your approval, unless you explicitly opt in to auto-approval for a specific surface.
• You are responsible for output you approve. Once you approve AI-generated content, you are responsible for it — including its accuracy, its compliance with consumer-protection law, and any claims it makes about your business.
• AI output may contain errors. Generative AI can produce content that is inaccurate, inappropriate, or that mis-states facts. Always review before approval.
• We do not train shared models on your data. See our Privacy Policy for detail.

5. Acceptable use

You agree not to use the Service to:

• Send unsolicited commercial messages (“spam”) in breach of the Unsolicited Electronic Messages Act 2007 (NZ), the Spam Act 2003 (Cth), or any equivalent law.
• Mislead consumers or engage in conduct that is misleading, deceptive, or unfair under the Fair Trading Act 1986 (NZ), the Australian Consumer Law, or any equivalent law.
• Infringe any intellectual-property rights, including by uploading content you do not have permission to use.
• Upload or transmit malware, viruses, or any code intended to disrupt or compromise systems.
• Attempt to bypass, disable, or interfere with the Service’s security, rate limits, or access controls.
• Use the Service to build a competing product or to scrape data at scale.
• Promote violence, hate, child sexual abuse material, illegal drugs, weapons, or any other unlawful content.
• Use the Service in a way that breaches any applicable law in the jurisdiction where you or your customers are located.

We may suspend or terminate accounts that breach this section, with or without notice depending on the severity.

6. Third-party integrations

The Service may connect to third-party services such as Google Business Profile, Google Ads, Google Analytics, Meta, Instagram, WhatsApp, payment processors, point-of-sale systems, and email-delivery providers. Your use of those services is governed by the relevant third party’s terms.

We are not responsible for the performance, availability, or content of third-party services. If a third-party service changes or shuts down, the related Service feature may become unavailable.

7. Fees, billing, and taxes

Subscription fees, currencies, and billing cycles are shown on our pricing page and confirmed at checkout. Fees are exclusive of GST or any other applicable tax unless stated otherwise.

• Billing. Subscriptions are billed in advance, monthly or annually, on the date you signed up.
• Payment method. You authorise us (and our payment processor) to charge the payment method you provide.
• Failed payments. If a payment fails, we may suspend the Service until the issue is resolved.
• Price changes. We will give you at least thirty days’ notice before any change in fees that affects you. You may cancel before the new fees take effect.
• Refunds. Subscription fees are not refundable except where required by law (see section 12 on consumer rights).

8. Cancellation and renewal

You can cancel your subscription at any time from inside your account or by contacting us. Cancellation takes effect at the end of your current billing period — you keep access until then.

Annual subscriptions automatically renew unless you cancel before the renewal date. We will send you a renewal reminder at least fourteen days before the renewal charge.

If you cancel, you can export your Customer Content for thirty days after the end of your billing period, after which it may be deleted in line with our Privacy Policy.

9. Intellectual property

Kahu Logic and its licensors own all rights, title, and interest in the Service, including the platform, software, brand, logos, and the design of the Kahu Logic website. Nothing in these Terms transfers any of that intellectual property to you. You may not copy, modify, reverse-engineer, or create derivative works of the Service.

You retain ownership of your Customer Content and of any content the AI generates from your inputs at your direction, subject to the licence in section 3 and to any rights held by third-party model providers as disclosed in the Privacy Policy.

10. Privacy and data processing

Our Privacy Policy explains how we collect, use, share, and protect personal information. By using the Service you confirm you have read it.

If you upload personal information about your own customers (for example, contact lists or booking records), you are the controller of that information and you confirm you have the right and any necessary consents to share it with us as a processor on your behalf.

11. Service availability and changes

We aim to keep the Service available at all times, but we do not guarantee uninterrupted availability. Planned maintenance will be announced in advance where reasonably possible. Unplanned outages will be addressed as quickly as we reasonably can.

We may modify, add, or remove features over time as the Service evolves. If a change materially reduces the functionality of a feature you depend on, we will give you reasonable notice.

12. Warranties and consumer rights

To the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, whether express or implied.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded under the Consumer Guarantees Act 1993 (NZ), the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), or any other applicable consumer-protection law. If you are a consumer under either Act, you have rights that these Terms do not override.

Where you acquire the Service for the purposes of a business, sections 9, 10, and 13 of the Consumer Guarantees Act 1993 (NZ) and the equivalent provisions of the Australian Consumer Law are excluded to the maximum extent permitted by law.

13. Limitation of liability

To the maximum extent permitted by law, Kahu Logic is not liable for any indirect, incidental, consequential, special, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or in connection with the Service.

Our total aggregate liability to you, however arising, in any twelve-month period is limited to the fees you paid us for the Service in that period.

Nothing in these Terms limits liability that cannot be limited by law (for example, liability for fraud, wilful misconduct, or non-excludable consumer guarantees).

14. Indemnity

You agree to indemnify Kahu Logic against any claim, loss, damage, or expense (including reasonable legal costs) arising out of or in connection with your Customer Content, your breach of these Terms, your breach of any law, or content that you approve and publish through the Service.

15. Suspension and termination

We may suspend or terminate your access to the Service if you breach these Terms, if your account becomes the subject of a legal claim, if a payment fails and is not resolved, or if we are required to do so by law.

You may terminate by cancelling your subscription as described in section 8. Sections that by their nature should survive termination — including sections 9, 13, 14, 16, and 17 — will survive.

16. Governing law and disputes

These Terms are governed by the laws of New Zealand. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You and Kahu Logic submit to the non-exclusive jurisdiction of the courts of New Zealand to resolve any dispute arising out of or in connection with these Terms or the Service. Before issuing court proceedings, the parties will attempt in good faith to resolve the dispute by direct discussion. If you are an Australian consumer, nothing in this section limits your right to bring proceedings in your local court where the law gives you that right.

17. General provisions

• Entire agreement. These Terms (together with the Privacy Policy and any order form or product-specific terms agreed in writing) form the entire agreement between you and Kahu Logic.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of assets.
• Severability. If any provision of these Terms is held unenforceable, the rest remain in force.
• Waiver. A failure or delay by either party in enforcing a right does not waive that right.
• Notices. Notices to you may be given by email or in-product notice. Notices to us must be sent to [email protected].
• No partnership. These Terms do not create a partnership, joint venture, agency, or employment relationship.

18. Changes to these Terms

We may update these Terms from time to time as the Service evolves or as the law changes. The “Last updated” date at the top tells you when the latest version took effect. If we make material changes, we will tell you by email or through an in-product notice at least fourteen days before the change takes effect. Continued use of the Service after the change means you accept the updated Terms.

19. Contact

For any question about these Terms, please contact:

Kahu Logic Limited
Email: [email protected]
NZBN: 9429053390776