Terms and Conditions of Use

Last updated: 13 December 2024

AI can make mistakes. Users are responsible for the use of any outputs that are generated.

1.      Introduction

Welcome to Hakamana AI, an Indigenous-led AI company. By accessing or using our services, you agree to be bound by the following terms and conditions. These terms apply to all users of our services, including but not limited to customers, partners, and visitors.

2.      Definitions

a.     "Company" refers to Hakamana AI, including its subsidiaries, affiliates, and employees.

b.     "User" refers to any individual or entity that accesses or uses our services.

c.      "Services" refers to all products, software, and services provided by the Company.

d.     “Site” refers to our website hakamana.ai, owned and operated by Hakamana AI.

e.    "Content" refers to any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials transmitted or made available through our services.

3.      Acceptance of Terms

a.      By using our services, you agree to comply with and be legally bound by these terms and conditions. If you do not agree to these terms, you must not use our services.

4.      Changes to Terms

a.     Hakamana AI reserves the right to modify these terms and conditions at any time. Any changes will be effective immediately upon posting on our website. It is your responsibility to review these terms regularly. Your continued use of our services following any changes constitutes your acceptance of the new terms.

5.      Use of Services

a.    Eligibility: You must be at least 18 years old to use our services. By using our services, you represent and warrant that you have the legal capacity to enter into a binding agreement.

b.  Account Registration: To access certain features of our services, you may need to register an account. You agree to provide accurate and complete information and to keep your account information up to date.

c.    Prohibited Conduct: You agree not to engage in any of the following prohibited activities:

                  i.           Violating any applicable laws or regulations.

                 ii.           Interfering with or disrupting the operation of our services.

               iii.           Using our services for any fraudulent or unlawful purpose.

               iv.           Attempting to gain unauthorised access to our services, systems, or networks.

6.      Intellectual Property

a.      All content provided through our services and site, including but not limited to text, graphics, logos, icons, images, and software, is the property of Hakamana AI or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not download, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, license, transmit, or distribute any content from our ‘site’ in whole or in part, for any public or commercial purpose without prior written consent from Hakamana. 

7.      Data and Privacy

a.      Your privacy is important to us. We are committed to safeguarding the privacy of our users and ensuring that your personal data is handled in compliance with the Privacy Act 2020 (New Zealand) and other relevant legislation.

b.      Information We Collect

We may collect the following types of information from you:

1.      Personal Information: Information that identifies you as an individual, such as your name, email address, phone number, and payment information.

2.      Usage Information: Information about how you use our services, such as your IP address, browser type, operating system, and pages viewed.

3.      Cookies and Tracking Technologies: We may use cookies and similar technologies to collect information about your interactions with our services.

c.       How We Use Your Information

We may use the information we collect for the following purposes:

1.      To Provide and Improve Our Services: We use your information to deliver our services, process transactions, and improve our offerings.

2.      To Communicate with You: We may use your contact information to send you updates, promotional materials, and other communications related to our services.

3.      To Comply with Legal Obligations: We may use your information to comply with applicable laws, regulations, and legal processes.

d.      Data Sharing and Disclosure

We do not sell or rent your personal information to third parties. However, we may share your information with:

1.      Service Providers: We may share your information with third-party service providers who assist us in providing our services, such as payment processors, IT support, and analytics providers.

2.      Legal Authorities: We may disclose your information to legal authorities if required by law or to protect our rights or the rights of others.

8.      Data Security, Hosting and Maintenance

a.      We implement appropriate technical and organisational measures to protect your personal information from unauthorised access, use, or disclosure. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.

b.      With regard to data storage, our primary cloud provider (Google Cloud) maintains and follows the AS/NZS ISO/IEC 27002 compliant Information Security Policy, published by the International Organization for Standardization (ISO) and by the International Electrotechnical Commission (IEC).

c.       This covers critical aspects such as:

                  i.           Physical and Environmental security

                 ii.           Human Resource security

               iii.           Access control

               iv.           Further to this:

1.      All customer database data is securely stored in Australia

2.      Where requested, we can export database data using Google Cloud’s transfer services.

3.      User access to data is encrypted and protected end-to-end by SSL technology

4.      For online accounts, all passwords are encrypted and securely stored (that is, no passwords are stored as plain text)

9.      Data Retention

a.      We will retain your personal information only for as long as necessary to fulfil the purposes for which it was collected or as required by law.

10.   Your Rights

a.      You have the following rights with respect to your personal information:

i.           Access: You have the right to request access to the personal information we hold about you.

ii.           Correction: You have the right to request that we correct any inaccurate or incomplete information.

iii.           Deletion: You have the right to request that we delete your personal information, subject to certain legal obligations.

iv.           Objection: You have the right to object to the processing of your personal information for certain purposes, such as direct marketing.

11.   International Data Transfers

a.      If we transfer your personal information outside of New Zealand, we will ensure that the recipient provides a similar level of protection as required by New Zealand law.

12.   Limitation of Liability

a.      To the maximum extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from your use of our services, even if the Company has been advised of the possibility of such damages.

13.   Indemnification

a.    You agree to indemnify and hold harmless Hakamana AI, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses arising out of or in connection with your use of our services or your violation of these terms.

14.   Governing Law

a.    These terms and conditions are governed by and construed in accordance with the laws of New Zealand. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of New Zealand.

15.   User Responsibilities

a.    Users have the responsibility to scrutinise the outputs of Hakamana AI and ensure that they are used ethically and responsibly. Users are accountable for the final use of the outputs provided.

16.   Disputes

a.    If any dispute arises relating to, or in connection with, the Agreement which both Parties are     unable to resolve through their respective CEOs (or equivalent positions) within 30 days of the dispute arising, then the dispute shall undergo a 30-day period of mediation. After this further 30 days, if the matter has not yet been resolved it shall be referred to the arbitration of a single arbitrator (unless both parties have reached an agreement). Such arbitration shall be carried out in accordance with the provisions of the Arbitration Act 1996.

17.   Termination

a.  Hakamana AI reserves the right to terminate or suspend your access to our services at any time, without notice, for any reason, including but not limited to your breach of these terms.

18.   Contact Information

If you have any questions about these terms and conditions, please contact us at info@hakamana.ai