PLEASE READ THESE TERMS OF USE CAREFULLY. ONCE ACCEPTED, THESE TERMS OF USE, TOGETHER WITH OUR PRIVACY POLICY, CCPA DECLARATION AND AFFILIATE AGREEMENT (COLLECTIVELY, THE “TERMS”), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND PRODUCTISED LIMITED AND ITS RESPECTIVE OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS “COMPANY,” “WE,” “OUR,” OR “US”) AND WILL GOVERN YOUR ACCESS TO AND USE OF THE SITE, AND ALL OTHER INTERACTIONS WITH PRODUCTISED RELATED TO THE SITE AND APPLICATION.
Company reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Offers following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms. We will always endeavor to provide you with advance notice of any material changes to the terms via email.
You should consult a lawyer for legal advice to ensure your use of the Offers complies with these Terms and applicable law.
Date of last revision, 28 August 2025.
The offers accessible through the productised.ai community are provided by PRODUCTISED LIMITED (hereinafter referred to as “us”, “we,” “our,” or the “Company”), a registered New Zealand company with registered address at Suite 12, Level 1, St Georges Bay Road, Parnell, Auckland 1052, and New Zealand Business Identification Number 9429042033851. You may contact us by filling out our contact form or sending an email to support@productised.ai
Interpretation
“Agreement” Means these Flagship Offer Terms and all materials referred to or linked to within this document. "Feedback” means ideas You provide to Company regarding improvements, enhancements, new features, new products, or other concepts related to the Offers, or other matters related to Company's business. “Confidential information” means all information provided by You or Us (“Discloser”) to the other party (“Receiver”), whether orally or in writing that is designated as confidential. Confidential information does not include any information that (I) is or becomes generally known to the public without breach of any obligation owed to the Discloser or (ii) was known to the Receiver before receipt from the Discloser. “Customer Data” means all information that you submit or collect via the Offers, including Personal Data. “Customer Materials” means all materials that you provide or post, upload, input or submit for public display through the Offers “Information” means data about You and Your customers that Company collects using the Offers, “Flagship Offers” also referred to in these terms as “Offers” or “The Offers” means the AI Book Creator and the Prompt Builder which are made available to you free of charge as a member of our Skool Community – The AI Productisation Academy. “Intellectual Property” means all copyright, design, patent or trademark rights, whether currently registered or not, in relation to trade names, proprietary processes and formulae, technology, interfaces, software source code and object code, algorithms, development tools and designs associated with Productised Services and the Offers, including Productised content, software copyright, trademark and logo copyright. “Prohibited Conduct” means the behaviors described in Section 2 of these Flagship Terms “Services” means the variety of product integrations and services that We make available to You and may include third party services “Third Party Content” means content, promotions or offers provided by third parties or links to external third-party websites that may be accessible through the Offers. “Third Party Services” means any Services owned and provided by a third party vendor that Company makes available to You as a Service on or through the Offers “Training” means any training, information or suggested usages conveyed by Company in relation to the Offers “User Contributions” means content or materials that you post, submit, upload, publish, display, or transmit on or through the Offers or communicate to Us directly
“You” or “you” or any derivatives thereof means the individual who accepted the Terms or the business entity that the individual represents. “You” also includes any and all agents, employees, or third parties that are authorized to act on your behalf.
- Reasonable and Appropriate Use
a) Eligible Use Categories
For the avoidance of doubt, the Offers are provided to business users only, for the carrying on of business or commercial activities. You are the owner of any Account You create to use the Offers unless You are acting on behalf of a business entity. When You create an account on behalf of your company, You agree and acknowledge that said company will be understood to be the owner of the Account and, hence, any content created using the Offers, and any data collected through the Offers will be understood to belong to your company, unless otherwise agreed in writing between You and your company. If You accept these Terms on behalf of a business entity, You represent and warrant that You have the authority to bind the business entity to these terms.
The Offers have been designed for use by individuals aged eighteen (18) years of age or older. By registering for them, you warrant and represent that you are at least 18 years of age.
b) Obligations for Appropriate Use That Are Applicable to All Parties
You and your customers if applicable, may use the Offers only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your customers will not use the Offers in any way that violates any applicable law or regulation, or engage in any Prohibited Uses described in Clause 2(a) of these Terms. In addition, you represent and warrant that: (i) You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use the Offers; (iii) You are fully responsible for the use of the Offers by your customers; (iv) You, your employees, agents and customers will not misrepresent the Offers; (v) You will provide these Terms to your employees, agents, and customers and confirm that all employees, agents, and customers understand that they are subject to these Terms if they use or offer access to the Offers; (vi) You own or control all rights in and to all content you provide to the Company, including, but not limited to, any code provided to customize the Offers for your customers; (vii) You will be solely responsible for your use of the Offers,
including the quality and integrity of any data and other information, which for the avoidance of doubt includes Information, made available to us by or for you through the use of the Offers; and (viii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication providers.
c) Privacy Obligations Applicable to All Parties
By using the Offers and providing Information on or through the Offers, you consent to Company’s use and disclosure of the Information in accordance with the Privacy Policy available on our website and incorporated herein by reference. You agree that We have no responsibility or liability for the deletion or failure to store any Information or Content maintained or transmitted on or through the Offers. When you provide your customers with access to the Offers, you must implement and enforce your own Privacy Policy, providing the level of protection at least equal to that provided to You by Us. You must obtain consent from your customers, and you acknowledge that your customers must agree to be bound by your privacy policy. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers’ data to us for use and disclosure in accordance with these Terms and our Privacy Policy.
- Prohibited Conduct
a) Use of your Flagship Offers
You shall use your Offers only for lawful purposes and in accordance with our Acceptable Use Policy which is incorporated by reference herein. In particular, without limitation, you shall not be permitted to:
Access the Site, Accounts, Offers and/or the Services by any means other than through interfaces provided by us and as otherwise expressly authorized under these Terms; Use the Services as a hosting service or hosting system only; Use the Services, Offers or any responses or media within the Services for hosting or supporting online resources, or as a data repository;
Bypass, disassemble, remove, impair, deactivate or in any way inhibit or prevent from operating any of our security mechanisms or those provided by our service providers or other third parties, be they technological, physical or otherwise which have been put in place to protect the Site, Accounts or Services, as well as the functionality restrictions that have been put in place for the particular account type to which you have access; Access and/or modify non-public areas of the Site, Offers or Services, Our information technology Systems or technical delivery systems belonging to our providers; Use Meta-tags or other hidden text or metadata in the Site, Offers or Services, as well as forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service or Offers; Use, display, mirror, or frame the Site, Offers or Services, any individual element within the Site Offer or Services, the layout and design of any portion of the Service, Offers or the Site, or the intellectual property rights and other proprietary rights of Company; Attempt to access or search the Services or Site for the purpose of scraping or downloading content from the Services or Site, or otherwise using, uploading content to, or creating new links, reposts, or referrals in the Services or Site through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers or search engines; Reverse engineer, decompile or disassemble software used in connection with Our Site or Services or the Offers; Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail- bombing the Services or the Site; Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Site, Offers or the Services, or your access to or use of the Site, Offers or Services; Impersonate or misrepresent your affiliation with any person or entity, as well as stalk or harass other users or third parties, or share or use offensive or pornographic materials; Activities such as vulnerability scanning, load testing, penetration tests or bypassing our security measures in any intended way are strictly prohibited to be carried out on our platform without our previous written approval; Use the Services and, in particular, the functionalities aimed at ensuring interaction of the Services with our other features and/or integrations to monitor the availability,
performance or functionality of our Services or the Site, or for benchmarking or other competitive purposes; Collect credit card information (unless using the specific questions blocks provided by us), passwords or similar login credentials; Send electronic communications that are not expressly requested or authorized by the recipients, or send mass and/or repetitive electronic communications (spam). In this sense, you must not use the Services or Offers to send any communications in a way not permitted by or compliant with any applicable laws or industry standards, such as the CANSPAM Act or to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such messages from you or another party on whose behalf you may be mandated; or/and Otherwise, use the Account, Offers, Site or Services in a manner contrary to the rights and legitimate interests of Company or any other third party, or in any other manner that may tamper with, disrupt, overload, or otherwise damage the Site or the Services. You may let us know about any abuse by filling out a complaint form on our website. Use Your Account, the Offers, Site and/or Services in any way that violates any applicable law or regulation. Use Your Account, the Offers, Site and/or Services to exploit, harm, or attempt to exploit or harm anyone in any way. Use your Account or the Offers to attack the Services and/or Site via a denial-of- service attack or a distributed denial-of-service attack, (ddos). Otherwise attempt to interfere with the proper working of the Site and/or Services.
(b) Permitted Activities:
You, or a third party you have authorized, may carry out any action that enables the Offers to interoperate and communicate with a given software program, provided that any such integration has been developed by means of the public APIs and related products and services provided by us and is carried into effect by you in accordance with our Developer Terms. However you acknowledge that third party data collection, at any point in the past, present or future through such integrations is not subject to our control or oversight and the terms and conditions of third parties may be applicable to API usage. Therefore, you acknowledge and agree that we shall not defend, indemnify, or hold you harmless from any and all costs or damages arising from those third party actions and integrations.
c) Usage limits
You shall use the Offers in compliance at all times with the provisions of these Terms and according to the usage limits specified for them. Usage limits may include, without limitation, restrictions on the number of features that can be used, the questions blocks that can be added to a form, or the number of authorized responses, API rate limiting, and tokens able to be generated and/or users. Should the response limit be exceeded, we are under no obligation to collect, store and/or process any response in excess of the applicable limits. We have no liability for the effect that your excessive data use may have on performance. If, in Our sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on the Site or Services in anyway, we may (1) if Our operational costs to support your usage of the Offers is excessive; (2) suspend or terminate your use of the Offers, or (3) reduce the amount of data you are able to use.
d) Material Uploaded to the Offers by Third Parties or Account Holders
The Offers may include information, graphics, text, images, and other materials uploaded by other Account holders or third parties. Said materials are solely for your use in connection with the Offers, and their legality, accuracy, and completeness are the sole responsibility of the party that has uploaded them to or provided them as part of the Offers. Use of the materials may be subject to specific terms and conditions or license terms, and you are responsible for obtaining any required licenses or authorizations, and for complying with any licenses or terms and conditions applicable to them.
e) Data transfer using third-party service providers
To ensure you are provided with high-quality services, from time to time we may rely on third party service providers. You understand that those providers act beyond our reasonable control and that we shall not be held liable for any damages caused by an action or omission attributable to them. You may elect to leverage third party tools or integrations to process information collected using the Offers. In every such case, you acknowledge and agree that we are not responsible for the actions of said third party processors as such actions are beyond our reasonable control. We hereby disclaim all liability for damages arising out of the use of the information transmitted through these third parties by them, or in the event that you decide to transfer information to those third parties by using non-secured means (e.g. non-https transfer protocols).
We recommend that you carefully review any terms and conditions governing the use of third parties’ services and any integration tools they may offer before you start using their services. Note that the use of said services may result in the transmission of any kind of information (either confidential or having a personal nature, among others) outside our platform, and third parties not related to Company may subsequently be gaining access to, modifying, or even deleting said information.
f) Content you upload to the Offers
We assert no right of ownership over the content you upload or otherwise use in relation to the Offers. However, to ensure we can provide you with the Offers and access to the Site and Community, you grant us a worldwide, royalty-free, transferable, sublicensable, non-exclusive license to use, reproduce, distribute, communicate and publicly perform or display (including, among others, the rights to broadcast and transmit), transform and modify, and/or adapt your content in connection with the operation of the Site and/or the Offers. This license is limited to the extent necessary to provide you with the Offer only, and we shall not use your content for any other purposes. You represent and warrant that you have the rights necessary to grant the license hereunder, and that your content does not infringe upon the law or third party rights or interests.
Please note that by submitting content, including images and videos, into the Offers, said content may be made publicly available to third parties. Please evaluate whether you want to share said content under those conditions before submitting it as part of the Offers.
You shall not upload any content to the Offers that is (i) unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content; (ii) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or otherwise; (iii) Infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or intellectual property right of any party; or (iv) Breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of the Site or Services, or attempts to gain access to other networks or servers via your use of the Offer(s)
g) Intellectual Property Rights of Third Parties
Without prejudice to section 2.b above, you agree not to upload into the Services, Offers or the Site, or post, email, transmit, share, or otherwise use, in conjunction with, or related in any manner with the Services, Offers or the Site, content for which you do not have the prior authorization from titleholders to perform such activities with. We are not responsible for said content nor the actions you may take with respect to the content, and you shall not use third party content to which intellectual property rights may apply, such as images, videos or trademarks, unless you have first obtained the permission of the owner.
It is strictly forbidden to use the Offers to circumvent the rights of any titleholder upon its intellectual property or other exclusive rights, such as, for instance, providing through the Offers links to P2P platforms including infringing materials.
We may delete at any time any content that breaches this section, without prior notice and accepting no liability for any such deletion.
All works, trademarks, software, or other content and creations displayed or otherwise provided or made available by us are owned by Company or have been licensed to Us by their owners. Unless expressly granted by their corresponding rightsholders or by law, you do not have any use or ownership rights that you can exercise in relation to the above-mentioned content and creations other than for the use of the Site and/or the Offers under the terms and conditions described in these Terms of Use. Therefore, unless expressly authorized by Us, you may not distribute, reproduce or copy, communicate to the public, transform or modify, adapt, translate, or otherwise use and exploit said works.
h) Our Right to Undertake Content Review
You acknowledge that, in order to ensure compliance with legal obligations, prevent phishing or fraud, or investigate unlawful content reports, we may be required by third parties to review certain content submitted by you to determine whether it is illegal or whether it breaches these Terms and Conditions. We may in our sole discretion modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, you acknowledge that we have no obligation to monitor or review any content submitted by you.
i) Your Contractual Obligations and Third Party Data
Your use of the Offers may result in the collection and further processing and analysis by you of information belonging to third parties (the “Respondents”). Any contractual relationship existing with Respondents is entered into between you and them. You are fully responsible for meeting any applicable obligations when contacting Respondents and processing their data.
j) Compliance with our requests
You undertake to comply with any instructions or recommendations given by us or by any individual acting on behalf of Company in connection with the use of the Site, the Offers, or the Services.
k) Third Party Provision of Artificial Intelligence Functionality
In order to provide the Artificial Intelligence (AI) functionality we require the collaboration of Open AI. You hereby acknowledge that Open AI is not an affiliate, partner, agent or representative to us. We do not make any guarantees, representations or warranties of any kind to you regarding the availability of the Open AI service that supports the AI functionality. We disclaim any liability for any third-party IP, including their accuracy, integrity, quality, legality, usefulness or safety, or any intellectual property rights therein. The availability of any third-party IP does not imply our endorsement or affiliation with any provider of such third- party IP and does not create any legal relationship between such provider and you whatsoever. You are solely responsible for your use of all aspects of the Offers that leverage technology provided by Open AI, and any losses or liabilities of any kind associated with that use. You shall comply with all rights, obligations, conditions, policies, laws and regulations pertaining to such third-party IP. You shall defend us, indemnify us and hold us harmless from and against any and all losses, settlements, damages, liabilities, judgments, obligations, fines or sanctions, costs, and expenses (including reasonable attorney’s fees) (collectively “Losses”), arising out of any claim, proceeding, demand, suit or action (collectively “Actions”) brought by a third party related to your use of the Offers that leverages functionality provided by Open AI. We do not have access to your Open AI API keys. Once integrated, Your API keys from the Open AI API are encrypted immediately using encryption protocols that conform with industry best practices. This measure is designed to help protect your API keys and ensures that they are securely stored and transmitted. By using any Productised Offers, you agree as well to comply with all Open AI terms and conditions, which can be found here, respectively, including any restrictions on use contained therein. You acknowledge that data you provide to Open AI through the Offers may be used to train and improve their Generative Artificial Intelligence systems, including the GPT 4 model.
Our systems have been designed however to ensure data submitted to our forms is not used for model training purposes as it is processed via the OpenAI API, which has been declared by OpenAI as a route that bypasses their model training.
- Suspension and termination of Your Access to the Offers
These terms will remain in full force and effect so long as you maintain your usage of the Offers. The sections of these Terms that are intended to survive termination will remain binding even after you are no longer an active user of the Offers.
(a) Scope of our Right of Suspension or Termination
You agree that We, in Our sole discretion, may suspend or terminate Your access to the Offers (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to the Offers, and reporting you to the proper authorities, if necessary. Upon termination or expiration of this agreement you will stop all use of the Offers.
b) Our Grounds for Suspension or Termination of Your Access to the Offers
We are entitled to suspend or terminate your access to the Offers, depending on the gravity of the breach, in the event that you (i) provide us with information that is misleading, inaccurate, fraudulent, outdated or incomplete, (ii) fail to comply with the provisions of these Terms or your legal obligations, or (iii) if you oppose the appointment of any sub-processor under our Data Processing Agreement should you be a resident of the European Union or the United Kingdom. We shall have the right to modify, prevent access to, delete, or refuse to host, display or make available content that is believed to violate the law or these Terms, either by the way in which said content is used or analyzed or by the way it interoperates with other content, entities or people. Except for those cases in which the content at issue could give rise to Us being liable for breach of applicable law or when it is necessary to act swiftly in the interests of prevention of harm to a particular individual, we will provide you with reasonable advance notice regarding our intentions and give you sufficient time to take corrective action.
Your access will be terminated should you fail to rectify a substantive breach of these Terms for a period greater than 14 days, following the provision of breach notification to you. Should the breach be of sufficient gravity as determined by us, including without limitation any case in which the Offers are used to (i) commit fraud (e.g. to carry out phishing attacks) or (ii) violate applicable local, state, federal, or foreign laws or regulations or the terms of this Agreement, (iii) engage in repeated instances of posting or uploading material that infringes or is alleged to infringe on the copyright or trademark rights of any person or entity, then we reserve the right to terminate your account without the provision of any notice to you.
Please note that in all these cases you may lose all the information stored in your Offers, such as surveys and responses.
c) Suspension for Present Harm.
If your website on, or use of, the Offers: (i) is being subjected to denial of service attacks or other disruptive activity, (ii) is being used to engage in denial of service attacks or other disruptive activity, (iii) is creating a security vulnerability for the Services, (iv) is consuming excessive bandwidth, or (v) is causing harm to us or others, then we may, with electronic or telephonic notice to you, suspend all or any access to the Offers. We will try to limit the suspension to the affected portion of the Offers and promptly resolve the issues causing the suspension.
- Representations and warranties. Disclaimer of warranties and damages
In addition to any other representations and warranties included in these Terms, You represent and warrant that you have the full power and authority to enter into these Terms, and that any approvals, consents and permissions, if any, have been obtained. In addition, you further represent and warrant that you will (i) use the Offers in accordance with the provisions of these Terms as well as any reasonable instructions delivered by Company—or by any of our authorized representatives— from time to time; (ii) agree to any content or data used in connection with the Offers being uploaded, processed or otherwise used and acquired having obtained any necessary approvals, authorizations or licenses, and complying with any applicable laws, rules, regulations, directives and governmental requirements in the fields of privacy, intellectual property and/or image rights; and (iii) provide your reasonable
cooperation in the event that we need any evidence to prove before competent authorities and/or courts the satisfaction of the requirements or consents referred to therein.
To the fullest extent permitted by applicable law, the Offers are provided “as is”, “with all faults” and “as available” and the entire risk of use and performance remains with you. The Company disclaims any representations, warranties, or conditions, express, or implied, or statutory, including, without limitation, (i) the implied warranties of merchantability, fitness for a particular purpose, and non-infringement; and (ii) that the Offers will be available or provided on an uninterrupted, error-free, timely, or secure basis, will be error-free or free from viruses, worms, or other harmful or malicious components. You may have additional rights under your local laws that these Terms cannot supersede and, in any such case, the Company’s liability is limited in accordance with and to the extent permissible under said local laws.
COMPANY SHALL NOT WARRANTY ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY OR THIRD PARTY SERVICES, OR IN CONNECTION WITH THE OFFERS, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY OR THROUGH THIRD PARTY SERVICES IS PROVIDED SOLELY BY SUCH THIRD PARTY.
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE OFFERS, INCLUDING ANY FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT OFFERS SHALL ALSO BE SUBJECT TO THESE TERMS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE APPLICABLE LAWS IN YOUR JURISDICTION
- Limitation of liability
To the maximum extent permitted by applicable law, in no event will Company be liable for any indirect, consequential, incidental, exemplary, punitive, or special damages, including without limitation any damages to or for loss of data, revenue, profits, goodwill, or other intangible losses arising from or relating to these Terms, or the Offers. To the maximum extent
permitted under applicable law, this limitation will apply to all claims under all theories of law and equity.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY SERVICES OR DISRUPTIONS THEREOF, OR THIRD PARTY PROMISES AND/OR STATEMENTS REGARDING OUR SERVICES OR CONTENT OR FOR TRANSACTIONS WITH THE THIRD PARTY THROUGH THE OFFERS, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
Subject to section 4 above and this Section, Company’s maximum, aggregate or cumulative liability to you, for direct damages or under these Terms (including under section 4 above, this Section 5, or any other contractual obligations) or tort (including negligence and statutory duty) will be limited to one thousand dollars.
Limitation and/or exclusion of liability and warranties may be limited in certain jurisdictions. To the extent that the limitations and exclusions in section 4 and this Section cannot be enforced or are considered void or illegal, either in whole or in part, said sections shall be construed and enforced in the sense of limiting the scope, duration and/or extent of the liability and/or warranty provision at issue. Nothing in these Terms shall be understood to limit or exclude your liability for the price owed in excess of any third party products liability caps hereunder.
- Indemnity
You agree to defend, indemnify, and hold Company harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with your use of the Site and/or Offers (“Claims”), including, but not limited to: (a) our use of or reliance on information or data supplied or to be supplied by you, your employees, agents, or customers; (b) any breach of or default under these Terms by you, your employees, agents, or customers; (c) the wrongful use or possession of property belonging to Company by you, your employees, agents, or customers; (d) any negligence, gross negligence or willful misconduct by you or your employees, agents, or customers; (e) misrepresentations by you, your employees, agents, or customers (f)
violation(s) of applicable law by you, your employees, agents, or customers, (g) your actions and the actions of your employees, agents, or customers; (h) Taxes and other Fees and/or (j) any disputes between (1) you and other users (2) you and your client(s) and/or (3) your customers.
If the Offers are found to violate any third-party intellectual property right(s), at our option we may: (a) obtain the right for you to continue to use the Offers as contemplated by these Terms; (b) modify or replace the Offers, in whole or in part, to seek to make the Offers non- infringing; or (c) require you to immediately cease and desist from any use of the Offers.
- Appropriate use of Forms and Related Services
(a). Categories of Information Not To Be Submitted through Forms. You agree and acknowledge that the forms we may provide to You through the Offers, independently of our third party payment processor Stripe, are not intended for the submission of sensitive personal and/or financial information and we shall not be held liable for any data breach or the consequences thereof, that may occur that arises out of or is directly attributable to the use of the Offers in such a manner by You, your employees, agents, or customers. For the avoidance of doubt the following categories of information, containing any of the following datasets or intended to be used in connection with any of the following purposes, are deemed to be of a sensitive nature and should not be submitted to the Offers provided by Productised Limited: (I) Social Security Numbers or other identification numbers issued by any governing authority in any jurisdiction such as Driver License Numbers; (II) Information regarded as health information subject to the Health Insurance Portability and Accountability Act (HIPAA), or other information relating to a data subject’s health insurance, medical history, mental or physical condition or medical treatment or diagnosis; (III) Credentials allowing access to online accounts, including accounts that hold financial information; (IV) Credit Card information, including card numbers, expiry dates or security codes; (V) Data that identifies any individual of minority (under the age of 16 years) or any other data that falls within the purview of the provisions of the GDPR as they relate to the privacy of minors; (VI) any other data classified under GDPR 679/2016 as falling within a special data category; (VII) any data that pertains to weapons development, explosives, or other military/warfare;
(VIII) any data concerning management or operation of critical infrastructure – such as power, gas, water supply, sewerage treatment or transportation infrastructure (IX) multi-level marketing; gambling; payday lending; automated determinations of eligibility for credit, employment, courses of study at an institution or government assistance programs (X) The use of the Offers for political purposes; including the generation of high volumes of campaign materials - whether targeted towards specific demographics or the public at large, the building of chatbots or similar for the dissemination of campaign messages or the facilitation of political advocacy or lobbying, or the building of products for political campaigning or lobbying; (XI) The use of the Offers for facial recognition of private individuals; individual classification according to prohibited characteristics, including the use of biometrics for identification or assessment; (XII) Unlawful collection or disclosure of personally identifiable information that relates to educational, financial or other sensitive records; (XIII) Engaging in the practice of law without authority, or engaging in the provision of legal advice without consultation with a legal professional before providing such advice; (XIV) Providing financial advice without a qualified person providing oversight as appropriate. (b). Form Respondent Consent. You shall inform your respondents of the following; (i) that the Offers use generative artificial intelligence; and (ii) that form submission data is processed by the Offers and how this occurs (in consideration of the product functionality supporting form response collection) obtaining all necessary consents in order to comply with data protection law as applicable in your jurisdiction, before respondents interact with your forms.
- The Offers Should Not Be Used for Regulated Professional Advice As the Offers may use generative artificial intelligence the accuracy and reliability of which cannot be fully guaranteed at all times, they should not be used for the provision of any advice to your clients or prospects which can be classified as regulated professional advice. A relevant example would be advice provided by a financial advisor which includes recommendations on investment decisions that require due diligence to be undertaken and thorough assessment of the client risk profile. You shall not use the Offers for the provision of any advice which can be classed as falling within a regulated category under any law or regulatory framework governing your profession. Should you do so and damage or loss in any form is sustained either by your business or undertaking or that of your clients, Productised Limited shall not be in any way liable to you or any third party for said damage or loss being thereby sustained.
8.1. It is your responsibility to familiarize yourself with all laws, regulations and codes of practice that govern your profession and to be at all times thoroughly acquainted with the regulated advice categories which may be subject to periodic amendment by the regulating body or bodies concerned.
9.0. Limitation Period for Claim Filing
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE OFFERS PROVIDED TO YOU BY US MUST BE COMMENCED WITHIN THREE (3) MONTHS OF THE ACCRUAL OF THE CAUSE OF ACTION, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Amendments to the Terms. Other notices.
We may modify these Terms from time to time. We will provide you with reasonable prior written notice of any substantive changes, to be sent via email or in-product notifications. If you do not agree to any amendments to the Terms, you shall (as your sole remedy) stop using the Offers immediately. By continuing to use the Offers, you are providing your agreement to be bound by the updated Terms.
We may notify you about any topic related to this contract via email or in-product notifications. It is your responsibility to check those regularly to be informed about any changes.
- Confidentiality Obligations
The Receiver will: (i) protect the confidentiality of the Confidential Information using the same degree of care that it uses with its own confidential information of similar nature, but with no less than reasonable care, (ii) not use any Confidential Information for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information to any third party (except our third party service providers subject to obligations to hold information in confidence), and (iv) limit access to Confidential Information to its employees, contractors, advisors and agents. In the event that disclosure of the Confidential Information is made in accordance with (iv), the Receiver must take care to convey that the information is Confidential Information. Upon notice to the Discloser, the Receiver may disclose Confidential
Information if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process.
- Provision of Feedback to Us
If you provide Feedback to Us, you agree and acknowledge that the submission of said Feedback is voluntary, gratuitous and not subject to any obligation of confidentiality, and we are under no obligation to use Feedback for any purpose. You grant the Company and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use any Feedback you submit to Us in the absence of restrictions or payment or other consideration of any kind, or permission or notification to you or any third party. The license includes, without limitation, the irrevocable right to reproduce, prepare derivative works from, combine with other works, alter, translate, distribute copies, display, perform, license the Feedback, and all rights therein, in the name of Productised or its designees throughout the universe in perpetuity in any and all media now or hereafter known. You represent that the Feedback is your own original work, you have all necessary rights to disclose the Feedback to Us, and neither your disclosure of the Feedback nor Our review and/or use of the Feedback will infringe upon the rights of any other individual or entity. If your Feedback is the subject of a patent that is pending or has been issued, You are required to disclose that fact to Us prior.
- Feedback Indemnification
You hereby irrevocably release and forever discharge Company from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Company with respect to the Feedback, including without limitation how Company directly or indirectly uses the Feedback. You agree that you are responsible for the content of the Feedback and further agree (at Company's option and at your sole expense) to defend, indemnify, and hold Company harmless from any and all actions, claims, and liabilities, demands, whether absolute or contingent and of any nature whatsoever, damages, losses,
costs, fees, fines or expenses, including reasonable attorneys' fees, which Company may incur as a result of use of the Feedback in accordance with these Terms.
- Miscellaneous Provisions
(a) Invalidity. The illegality, invalidity, nullity, or unenforceability of any of the sections of these Terms will not affect the validity of any other provisions, which shall remain in full force and effect. Such sections are to be replaced or integrated into others that, in accordance with law, correspond to the objective of the substituted sections. (b) Injunctive Relief. You agree and acknowledge that a material breach of these Terms will cause irreparable injury to Company, incapable of being remedied by monetary damages, and Company will be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security. (c) Waiver. If, at any time, we fail to respond to a breach of these Terms by you, that failure will not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding on Company if it is in writing and signed by Company. (d) Entire Agreement. These Terms constitute the entire agreement between you and Company with respect to your use of the Offers. Both you and Company, warrant to each other that, in entering these Terms, neither Company nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. (e) Assignment. The rights and obligations set forth in these Terms or the Agreements incorporated by reference herein cannot be assigned to any third party without the prior written consent of Company. Moreover, any decisions taken by Company are final and binding. Company may assign its rights under these Terms at any time, without notice to you. (f) Grant of License. You grant to Company a perpetual, worldwide, royalty-free, transferable, sublicensable, non-exclusive, irrevocable license to use, reproduce, modify or transform, distribute, communicate to the public, and otherwise exploit any suggestions, ideas, enhancement requests, feedback, recommendations or other information or ideas provided by you or any third party on your behalf relating to the Offers. (g) Use of Logo and Trademarks. If you are a company, we may use your trade name and trademarks on our Site and any other promotional materials produced by us from time to time. To this extent, you grant to us a non-exclusive, non-sublicensable, royalty-free, worldwide license to use said intellectual property, it being understood, however, that we shall use said intellectual property in accordance with the industry standards. (h) Precedence. In the event of any conflict between the provisions of these Terms and the Terms of Service, the Privacy Policy, or any other terms included by reference into these Terms, these Terms shall prevail.
(J) Relationship of the parties. You and We agree that no joint venture, partnership, employment, or agency relationship exists between us. (K) No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any third party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. (L) Survival. The following provisions of this Agreement shall survive its expiration or termination: ‘Interpretation,’ ‘Suspension and Termination (3),’ ‘Representations and Warranties (4),’ ‘Limitation of Liability (5) ,’ and ‘Indemnity (6).’
- Support, Contact and Complaints
You can contact us in case you have any doubts, comments or concerns by the following means: legal@productised.ai
- Force Majeure
Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; pandemic emergencies or other events outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effects of a force majeure event.
- Governing Law and Jurisdiction
These Flagship Offer Terms shall be governed and construed in accordance with the Laws of New Zealand, without reference to conflict of laws provisions. Any dispute that may arise from or in connection to your use of the flagship offer(s) shall be subject to the jurisdiction of the Courts located in Auckland, New Zealand.
