Terms of Service

Aiden is provided by Aiden AI (“we”, “us”, or “our”). By using the Service, you agree to be bound by these Terms.

1. Who can use Aiden?

You must be authorised to enter into these Terms on behalf of your business or organisation. The Service is intended for business-to-business use only and is not intended for consumer debt collection.

2. Your Responsibilities

You are responsible for:

• Providing accurate and complete information when setting up your Aiden account.
• Maintaining the security of your account credentials.
• Complying with all applicable laws and regulations when using the Service.
• Ensuring that Aiden has permission to collect your customers’ contact information and contact them, including obtaining their consent if required.
• Reviewing and updating your account information regularly.
• Reviewing AI-generated communications before they are sent, particularly when using automated sending features.
• Ensuring your use of the Service complies with all applicable anti-spam and electronic messaging laws, including but not limited to the New Zealand Unsolicited Electronic Messages Act 2007, the Australian Spam Act 2003, and any other applicable legislation in jurisdictions where your customers are located.
• Confirming that you have a legitimate business relationship with each recipient contacted through the Service.
• Ensuring all communications sent via the Service include proper business identification and, where required, functional unsubscribe mechanisms.
• Complying with all applicable debt collection laws and regulations in your jurisdiction.

3. Acceptable Use

You agree not to use the Service to:

• Send communications to individuals or entities with whom you do not have a legitimate business relationship.
• Harass, threaten, or intimidate any person.
• Make false, misleading, or deceptive claims about debts or invoices.
• Collect or attempt to collect debts that are not legitimately owed to you.
• Violate any applicable laws, including consumer protection, privacy, anti-spam, or debt collection regulations.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
• Transmit any material that is unlawful, harmful, defamatory, or otherwise objectionable.
• Interfere with or disrupt the Service or servers or networks connected to the Service.
• Attempt to gain unauthorised access to any portion of the Service or any other systems or networks.
• Use the Service to contact consumers (as opposed to businesses) for debt collection purposes unless you are properly licensed to do so in the relevant jurisdiction.

We reserve the right to suspend or terminate your access to the Service if we reasonably believe you have violated this Acceptable Use policy.

4. AI-Generated Content

The Service uses artificial intelligence to analyse invoice data, make decisions about when to contact customers, and draft communications on your behalf. You acknowledge and agree that:

• AI-generated content may contain errors, inaccuracies, or inappropriate language. You are responsible for reviewing all AI-generated communications before they are sent.
• If you enable automated sending features, you accept full responsibility for all communications sent on your behalf without prior review.
• The AI’s decisions about whether and when to contact customers are based on algorithms and available data, and may not always reflect optimal business judgment.
• Aiden is not liable for any damages arising from AI-generated content or decisions, including but not limited to damage to customer relationships, reputational harm, or legal claims.
• The Service is a software tool to assist with invoice collection and is not a substitute for professional debt collection services, legal advice, or human judgment.

5. Not a Debt Collection Agency

Aiden is a software tool that assists you in managing your accounts receivable. Aiden is not a licensed debt collection agency and does not provide debt collection services. You remain solely responsible for:

• Ensuring your debt collection practices comply with all applicable laws and regulations.
• Determining whether professional debt collection services or legal action are appropriate for any particular debt.
• Any consequences arising from communications sent through the Service.

If you require formal debt recovery services, you should engage a licensed debt collection agency or seek legal advice.

6. Our Responsibilities

• We will use commercially reasonable efforts to provide the Service in a reliable and secure manner.
• We will make commercially reasonable efforts to correct any errors or bugs in the Service promptly.
• We will comply with all applicable data privacy laws in New Zealand and Australia according to our Privacy Policy.
• We will process your data only as necessary to provide the Service and in accordance with our Privacy Policy and any applicable Data Processing Agreement.

7. Data Ownership, Security, and Processing

7.1 Data Ownership

• You own all of the data you provide to the Service, including customer information and invoice details.
• We will use commercially reasonable efforts to protect your data from unauthorised access or disclosure.
• You are responsible for the security of your own data and systems.

7.2 Data Processing

Where we process personal data on your behalf, we act as a data processor and you act as the data controller. We agree to:

• Process personal data only on your documented instructions, unless required by law to do otherwise.
• Ensure that persons authorised to process the personal data have committed themselves to confidentiality.
• Take appropriate technical and organisational measures to ensure a level of security appropriate to the risk of processing.
• Assist you in responding to requests from individuals exercising their data protection rights.
• Assist you in ensuring compliance with your obligations regarding security, breach notification, and data protection impact assessments.
• At your choice, delete or return all personal data to you after the end of the provision of services, and delete existing copies unless applicable law requires storage.
• Make available to you all information necessary to demonstrate compliance with these data processing obligations.

7.3 Sub-processors

You agree that we may engage sub-processors to process personal data on your behalf. Our current sub-processors include cloud infrastructure providers, AI service providers, and analytics providers as described in our Privacy Policy. We will inform you of any intended changes concerning the addition or replacement of sub-processors, giving you the opportunity to object to such changes.

7.4 International Data Transfers

Your personal data may be transferred to and processed in countries outside of New Zealand, Australia, and the European Economic Area, including the United States where some of our service providers are located. Where we transfer personal data internationally, we ensure appropriate safeguards are in place, including:

• Transfers to countries with adequate data protection laws as recognised by relevant authorities.
• Standard contractual clauses approved by relevant data protection authorities.
• Other appropriate safeguards as required by applicable law.

8. Intellectual Property

8.1 Our Intellectual Property

We retain all intellectual property rights in and to the Service, including all software, algorithms, user interfaces, designs, and documentation. Nothing in these Terms transfers any intellectual property rights to you except the limited licence to use the Service granted herein.

8.2 Licence to Use the Service

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during the term of your subscription.

8.3 Licence to Your Data

You grant us a limited licence to access, process, and use your data solely as necessary to provide the Service to you. This includes the right to:

• Access your connected invoicing system and email provider.
• Process customer information and invoice data to make decisions and generate communications.
• Store activity logs as described in our Privacy Policy.

8.4 AI-Generated Content

Any email content or other communications generated by the Service for you are provided for your use. You may use, modify, and send such content as you see fit. We do not claim ownership of AI-generated content created specifically for you.

8.5 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free licence to use such feedback for any purpose without compensation to you.

9. Fees and Payment

• Aiden offers different subscription plans with varying fees. You will be able to see the current pricing on our website.
• Payment is due in advance for your chosen subscription period.
• We reserve the right to change our pricing at any time, with notice provided to you. This pricing will apply at the start of your next subscription period.

10. Term and Termination

10.1 Term

These Terms will remain in effect until terminated by either party.

10.2 Termination by You

You may terminate your use of the Service at any time by contacting us at ask@useaiden.com. If you terminate for convenience, any fees paid in advance are non-refundable.

10.3 Termination by Us

We may terminate or suspend your access to the Service:

• Immediately, if you materially breach these Terms (including the Acceptable Use policy) and fail to remedy such breach within 14 days of receiving written notice.
• Immediately, if you engage in conduct that we reasonably believe may cause legal liability or harm to us, other users, or third parties.
• With 30 days’ written notice, for any other reason.

If we terminate your access without cause (i.e., not due to your breach), we will refund a pro-rata portion of any prepaid fees for the unused portion of your subscription period.

10.4 Effect of Termination

Upon termination:

• Your right to access and use the Service will immediately cease.
• You may request a copy of your data within 30 days of termination. We will provide your data in a commonly used, machine-readable format.
• After 30 days, we will delete your data from our systems, except for activity logs which may be retained for up to 24 months as described in our Privacy Policy, and any data we are required to retain by law.

11. Third-Party Services

The Service integrates with and depends upon third-party services, including but not limited to invoicing systems (such as Xero), email providers (such as Gmail), and AI service providers. You acknowledge and agree that:

• The availability and functionality of the Service depends on these third-party services.
• We are not responsible for any failures, outages, or changes in functionality of third-party services.
• We may suspend or limit the Service if third-party APIs or services become unavailable, are discontinued, or materially change.
• Your use of connected third-party services is subject to the terms and conditions of those services.
• You are responsible for maintaining valid connections and authorisations with your third-party service providers.

12. Disclaimer of Warranties

TO THE EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY AI-GENERATED CONTENT OR DECISIONS.

13. Limitation of Liability

13.1 Exclusion of Consequential Damages

TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, DAMAGE TO REPUTATION, OR LOSS OF CUSTOMERS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Cap on Liability

TO THE EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13.3 Exceptions

THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO: (A) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS; (B) EITHER PARTY’S BREACH OF CONFIDENTIALITY OBLIGATIONS; (C) YOUR PAYMENT OBLIGATIONS; OR (D) LIABILITY ARISING FROM A PARTY’S GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT.

13.4 Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies you may have under the Consumer Guarantees Act 1993 (New Zealand), the Australian Consumer Law, or any other applicable consumer protection legislation that cannot be excluded, restricted, or modified by agreement.

14. Indemnity

14.1 Our Indemnity to You

We indemnify you against all losses, costs (including reasonable legal costs), expenses, demands, or liability from a third party claiming that the Service infringes their intellectual property rights.

14.2 Your Indemnity to Us

You indemnify us against all losses, costs (including reasonable legal costs), expenses, demands, or liability arising from:

• Your breach of these Terms, including the Acceptable Use policy.
• Your use of the Service in violation of applicable laws, including anti-spam, privacy, or debt collection laws.
• Any claims by third parties (including your customers) arising from communications sent through the Service on your behalf.
• Your data or any content you provide through the Service.

15. Force Majeure

Neither party will be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, pandemics, epidemics, strikes, power outages, internet or telecommunications failures, or failures of third-party service providers. The affected party must promptly notify the other party of the force majeure event and use reasonable efforts to mitigate its effects. If a force majeure event continues for more than 60 days, either party may terminate these Terms upon written notice.

16. Dispute Resolution

16.1 Governing Law

These Terms are governed by and construed in accordance with the laws of New Zealand.

16.2 Jurisdiction

The courts of New Zealand have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms. You irrevocably submit to the exclusive jurisdiction of the courts of New Zealand.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

18. Changes to the Terms of Service

We may update these Terms from time to time. We will notify you of material changes by posting the new Terms on our website and, where appropriate, by email. Any changed terms are applicable from the start of your next subscription period.

19. Contact Us

If you have any questions about these Terms, please contact us at ask@useaiden.com.