Terms and Conditions

Last updated: February 24, 2025

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

AI Model refers to the artificial intelligence algorithms and systems used by the Application to process input data and generate response suggestions.
Application means the software program provided by the Company, named Alek, which can be accessed via a web browser or downloaded on any electronic device.
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: New Zealand.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Rhetorica Limited, New Zealand.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Information means any information that relates to an identified or identifiable individual, including but not limited to names, contact details, and conversation content, as governed by applicable privacy laws.
Service refers to the Application and any related services provided by the Company, including but not limited to AI-generated response suggestions, updates, and technical support, accessible through a web browser or on any electronic device.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
User Data means any information, text, audio, or other data input provided by You to the Application, including but not limited to conversation transcripts and usage patterns, which may be processed by the AI Model to generate response suggestions.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You must not access the Service.

You represent that you are at least 18 years of age. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

The Service utilizes AI-generated response suggestions. By using the Service, You acknowledge that the suggestions are algorithmically generated and may not always be accurate or appropriate. You agree to use Your discretion when acting upon these suggestions.

Account Registration and User Accounts

In order to access certain features of the Service, you may be required to create an account. When registering, you agree to provide accurate, current, and complete information as prompted and to update such information as necessary. You are responsible for safeguarding your account credentials and for any activity that occurs under your account. The Company reserves the right to suspend or terminate accounts that are found to be fraudulent or that violate these Terms, or that are used by individuals under the age of 18.

Subscription and Payment Terms

The Service offers a Premium subscription plan, which provides access to exclusive features and content. A trial period for the Premium plan may be available to new users; however, the trial is offered only once per user account and will automatically expire after the designated period. Once the trial period expires, continued access to premium features will require a paid subscription at the standard rate.

Upon cancellation, you will retain access to the premium features until the end of the current billing cycle, and no refunds will be issued for the unused portion of the subscription. The Company reserves the right to change the subscription fees for the Premium plan. Any changes to fees will be communicated to you in advance, and your continued use of the Premium features after the fee change constitutes your agreement to the new rates.

Please note that users are not eligible for another trial period if they re-register or create a new account. All subscription fees are non-refundable unless otherwise required by applicable law.

Intellectual Property and Content Ownership

All content, trademarks, logos, designs, and any other proprietary information specific to Alek are and shall remain the exclusive property of the Company. You acknowledge and agree that you have no rights, title, or interest in or to such content and that you will not challenge, contest, or remove any proprietary notices contained therein without the Company’s prior written consent.

You retain ownership of any content that you submit or generate through the Service ("User Content"). However, by submitting User Content, you grant the Company a non-exclusive, worldwide, royalty-free, and transferable license to use, reproduce, modify, adapt, and display the User Content for the purpose of operating and improving the Service, including training the AI Model. You acknowledge that such use may result in anonymized data being aggregated for analytical purposes.

The Company does not claim ownership of User Content and is not responsible for the accuracy, legality, or appropriateness of any User Content submitted by you or other users.

User Feedback and Suggestions

If you provide any feedback, suggestions, or ideas ("Feedback") regarding the Service, you hereby grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, and worldwide license to use, modify, reproduce, distribute, and incorporate such Feedback into the Service or any other product or service without any obligation to compensate you or provide any credit.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, or loss of privacy) arising out of or in any way related to the use of or inability to use the Service, including AI-generated suggestions, third-party software, and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

The Company makes no guarantees regarding the accuracy, reliability, or appropriateness of any AI-generated suggestions provided by the Service. You are solely responsible for how You choose to interpret and act upon these suggestions, and the Company shall not be liable for any consequences resulting from their use.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.

The Company makes no warranty or representation regarding the accuracy, reliability, or appropriateness of any AI-generated suggestions provided by the Service. The AI-generated suggestions are intended for general informational purposes only and are not intended as professional advice. You are solely responsible for verifying the accuracy and suitability of the suggestions before acting upon them.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. In such cases, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

These Terms and Your use of the Service shall be governed and construed in accordance with the laws of New Zealand, excluding its conflicts of law rules. Your use of the Application may also be subject to other local, state, national, or international laws applicable in your location.

If You access the Service from outside New Zealand, You are responsible for compliance with local laws in Your jurisdiction. By using the Service, You consent to the exclusive jurisdiction and venue of the courts in New Zealand for any disputes arising out of or related to these Terms.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company within 30 days of the occurrence of the issue. We will make reasonable efforts to respond to and resolve the dispute within 30 days of receiving Your complaint.

If the dispute cannot be resolved informally, it shall be submitted to binding arbitration under the rules of the New Zealand Dispute Resolution Centre. The arbitration shall take place in New Zealand, in English, and the decision of the arbitrator shall be final and binding.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts 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, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: support@alekassist.com