Terms of Service

1. Introduction

Welcome to AroAI ("Company", "we", "our", "us")!

These Terms of Service ("Terms", "Terms of Service") govern your use of our website aroai.com, aroai.co.nz (the "Service") operated by AroAI.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.

2. Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

3. Intellectual Property

The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of AroAI and its licensors. The Service is protected by copyright, trademark, and other laws of both New Zealand, Australia, and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of AroAI.

All intellectual property rights in the AI tools, algorithms, software, methodology, and any outputs or results generated by our AI systems ("AI Content") are owned by AroAI. While you may use the AI Content for your internal business purposes once you have engaged our services, you do not acquire any ownership rights in the AI Content or the underlying technology.

4. User Data and Content

You retain all rights to your data and content that you provide to us for processing or analysis. By submitting your data to our Service, you grant us a non-exclusive, worldwide, royalty-free license to use, copy, process, adapt, and modify the data solely for the purpose of providing and improving our services to you.

You represent and warrant that you own or have the necessary rights to all content that you submit to the Service, and that such content does not violate the rights of any third party.

5. Use Restrictions

You agree not to use the Service:

• In any way that violates any applicable national or international law or regulation.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service.
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
• To attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
• To access, process, or use the AI tools to develop competing products or services.

6. Service Levels and Availability

We strive to provide a high-quality Service, but we do not guarantee that the Service will be available at all times. The Service may be subject to interruptions for maintenance, updates, or system failures.

For paid subscriptions, we will use commercially reasonable efforts to make the Service available according to our service level agreement, which may be provided separately.

7. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranty that:

• The Service will meet your specific requirements.
• The Service will be uninterrupted, timely, secure, or error-free.
• The results that may be obtained from the use of the Service will be accurate or reliable.

You understand and agree that your use of the Service, its content, and any services or items obtained through the Service is at your own risk.

8. Limitation of Liability

To the maximum extent permitted by law, in no event shall the Company, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service.
• Any conduct or content of any third party on the Service.
• Any content obtained from the Service.
• Unauthorized access, use, or alteration of your transmissions or content.

Our total liability to you for all claims arising under or in connection with these Terms or the Service, whether in contract, tort (including negligence), or otherwise, will not exceed the amount paid by you, if any, for accessing the Service during the twelve (12) months preceding the event giving rise to the liability.

9. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms or your use of the Service, including, without limitation, your submissions, any use of the Service's content, services, and products other than as expressly authorized in these Terms.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

11. Dispute Resolution

Any disputes arising under or in connection with these Terms shall be submitted to mediation in accordance with the Mediation Rules of the Arbitrators' and Mediators' Institute of New Zealand Inc. ("AMINZ"). If the dispute is not resolved by mediation within 30 days of the appointment of a mediator, the dispute shall be referred to arbitration in accordance with the Arbitration Rules of AMINZ.

The place of mediation and arbitration shall be Auckland, New Zealand. The language of the arbitration shall be English.

12. Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

14. Contact Us

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

Email: contact@aroai.com
Postal Address:
AroAI
128 Clark Road
Auckland 0618, New Zealand