Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you", "your", or "Company") and WAWADATA LTD, a company registered in New Zealand (Company Registration No. 8922888), located at 44 Oriana Avenue, Lynfield, Auckland, 1042, New Zealand ("WAWADATA", "we", "us", or "our"), concerning your access to and use of the Wāwā Assistant service and website (www.wawadata.com) (collectively, the "Service").

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

2. Service Description

2.1 Overview

Wāwā Assistant is an enterprise AI-powered data processing service that analyzes and generates reports from your Microsoft 365 data, including email and calendar information. The Service operates on private servers to ensure data security and privacy.

2.2 Key Features

• —Email data analysis and processing
• —Calendar information extraction
• —AI-powered report generation
• —Custom system development assistance
• —Tailored service customization

2.3 Data Processing

All AI processing occurs within private networks. Your data is never used for training purposes and remains under your control at all times.

3. Eligibility and Account Registration

3.1 Age Requirements

You must be of legal working age in your jurisdiction to use the Service.

3.2 Enterprise Accounts

The Service is exclusively available for enterprise customers.

3.3 Account Creation

• —Primary Accounts: Must be established through direct consultation with our sales or technical support team
• —Sub-accounts: Can be created and managed by your organization's designated administrator

3.4 Multi-user Support

The Service supports multiple users and team accounts under a single enterprise subscription.

4. Subscription and Payment Terms

4.1 Subscription Model

The Service operates on a subscription basis with monthly billing cycles.

4.2 Minimum Commitment

A minimum subscription period of three (3) months is required.

4.3 Payment Methods

Accepted payment methods include:

• —Bank transfer
• —Stripe subscription payments

4.4 Billing

Subscription fees are billed monthly in advance.

4.5 Refund Policy

For prepaid services, refunds are calculated on a pro-rata daily basis for the remaining unused days. Refunds will be processed through the original payment method.

5. Data Privacy and Security

5.1 Data Collection

With your explicit consent, we access and process:

• —Email data from Microsoft 365
• —Calendar information from Microsoft 365

5.2 Data Storage

• —User data is stored exclusively on your private servers
• —WAWADATA retains only essential network routing information and user registration details
• —No substantive user data is stored on WAWADATA servers

5.3 Compliance

We comply with the New Zealand Privacy Act 2020. For detailed information about our data practices, please refer to our Privacy Policy.

5.4 Data Ownership

All data processed through the Service remains your exclusive property.

6. Intellectual Property Rights

6.1 Your Content

You retain all rights, title, and interest in and to your data and any content you provide to the Service. All AI-processed results, including reports, analyses, and generated templates, belong exclusively to you.

6.2 Service Improvements

WAWADATA reserves the right to improve and enhance the Service itself (excluding your data) based on general usage patterns and technical requirements.

6.3 Open Source Components

The Service may incorporate open source software components. All such components are used in compliance with their respective licenses, and appropriate attributions will be provided as required.

7. Service Availability and Support

7.1 Uptime Commitments

• —Routing Service: 99.9% availability
• —Private Server Service: 99.0% availability (assuming no physical damage to hardware)

7.2 Support Response Times

• —Software Issues: Resolution within 24 hours
• —Hardware Issues (User-Caused): Service restoration within 72 hours (temporary solutions may be implemented while permanent hardware is procured)

7.3 Hardware Responsibilities

• —Users are responsible for the safekeeping of leased hardware equipment
• —Hardware pricing will be provided before service commencement
• —Any damage to equipment during the lease period must be compensated by the user

8. Liability and Indemnification

8.1 Data Loss

• —WAWADATA-Caused: If data loss occurs due to our software, we will repair and restore data. For permanent data loss caused by our software, compensation is limited to the annual subscription fee paid
• —User-Caused: WAWADATA is not liable for data loss resulting from user-caused physical damage to equipment

8.2 Force Majeure

WAWADATA will make best efforts to recover data lost due to force majeure events (natural disasters, war, etc.), but cannot guarantee 100% recovery in cases of severe damage (e.g., water damage, severe impact).

8.3 Limitation of Liability

Except as expressly provided herein, WAWADATA's total liability shall not exceed the amount of fees paid by you in the twelve (12) months preceding the claim.

9. User Responsibilities and Prohibited Conduct

9.1 Responsible Use

You agree to use the Service in accordance with all provided usage guidelines and instructions.

9.2 Prohibited Activities

The following activities will result in immediate account termination:

• —Intentional damage to WAWADATA-provided hardware
• —Deliberate misuse of the Service contrary to usage instructions
• —Using provided credentials or keys to hack, damage, or steal information from the system
• —Any malicious or destructive behavior

10. Termination

10.1 Termination by User

You may terminate your subscription with written notice, subject to the minimum commitment period.

10.2 Termination by WAWADATA

We reserve the right to terminate or suspend access immediately for violations of these Terms.

10.3 Data Handling Upon Termination

• —WAWADATA will destroy all data at the software level
• —Physical media backup can be provided (device costs borne by customer)
• —If you wish to retain hardware, hardware purchase fees apply
• —For data destruction requests, written authorization is required, and WAWADATA will physically destroy all storage media containing your data (device costs borne by customer)

11. Dispute Resolution

11.1 Governing Law

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

11.2 Dispute Resolution Process

1. 1.Negotiation: Parties shall first attempt to resolve disputes through good faith negotiations
2. 2.Mediation/Arbitration: If negotiation fails, disputes may be submitted to mediation or arbitration
3. 3.Jurisdiction: Any legal proceedings shall be brought in the Auckland District Court (65-69 Albert Street, corner of Albert Street and Kingston Street, Auckland 1010) or the Auckland Disputes Tribunal

12. Modifications to Terms

We reserve the right to modify these Terms at any time. Users will be notified of any changes within thirty (30) days. Continued use of the Service after such modifications constitutes acceptance of the updated Terms.

13. General Provisions

13.1 Entire Agreement

These Terms constitute the entire agreement between you and WAWADATA regarding the Service.

13.2 Severability

If any provision of these Terms is held to be unenforceable, the remaining provisions shall continue in full force and effect.

13.3 Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

13.4 Assignment

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

14. Contact Information

For questions about these Terms or the Service, please contact us at: