1. The parties
This agreement is between HikoLogic Limited ("HikoLogic", "we", "us") and the entity purchasing services ("the Client", "you"). By engaging our services, you agree to these terms, together with any signed proposal or plan selection, which forms part of the agreement.
2. Service terms and renewals (the "Flex" model)
- Default term: unless a specific fixed-term commitment is agreed in writing (for example in a signed proposal or plan selection), all services are provided on a month-to-month basis with no long-term lock-in.
- Billing cycle: you are billed every 30 days in advance.
- Fixed-term agreements: if a fixed term (for example 12 months) is agreed for discounted rates or custom builds, the Client is committed to the full duration of that term.
- Suspension for non-payment: if a subscription fee is not received within 48 hours of the due date, HikoLogic may suspend all AI agents, workflows, and system access until the account is settled.
- Usage Wallet: variable costs (including but not limited to SMS, voice minutes, and AI API tokens) are drawn from a "Usage Wallet". The Client must maintain a positive balance. If the Wallet reaches zero, automated communications will be suspended until it is topped up.
- No liability for suspension: HikoLogic is not liable for any business interruption, lost leads, or reputational damage resulting from a suspension due to non-payment or an empty Usage Wallet.
3. Performance and service standards
Our commitment: HikoLogic will provide services with reasonable care and skill. We aim for 99% system uptime, excluding third-party API outages and scheduled maintenance.
No guaranteed ROI: while we build for results, we do not guarantee specific financial outcomes, lead volumes, or conversion rates. The AI is a tool whose success depends on the data and parameters provided by the Client.
4. AI accuracy and responsibility
Nature of AI: AI technology is probabilistic and may occasionally produce errors or inaccurate output. The Client is responsible for reviewing and approving the AI outputs, prompts, and knowledge bases used in their services, and for the accuracy of the business information (such as pricing) supplied to them.
Non-binding outputs: we are not liable for unauthorised promises, incorrect pricing, or commitments made by an AI agent. Quotes and estimates generated by an AI agent are indicative only unless the Client confirms them.
5. Compliance and indemnity
NZ spam law: the Client warrants full compliance with the Unsolicited Electronic Messages Act 2007 for all messaging sent through services we operate on the Client's behalf. You must have express, inferred, or deemed consent for all contacts you ask us to message. You indemnify HikoLogic against any fines or legal costs arising from your breach of this Act.
6. Data and privacy
- Both parties will comply with the Privacy Act 2020 in relation to personal information handled under this agreement.
- The Client warrants that it has the right (including any necessary consents) to supply the data it provides to us — including its customers' personal information — for use in the services.
- Where we process personal information on the Client's behalf to deliver a service, we do so for the Client's purposes and in accordance with our Privacy Policy.
- On termination, we will delete or return Client data on request, except where retention is required for legal or administrative purposes.
7. Cancellation
- Month-to-month: cancel any time via email. Access continues until the end of the current paid billing cycle.
- Fixed-term: early cancellation of a fixed term may incur an early termination fee equivalent to 50% of the remaining contract value.
8. Intellectual property
HikoLogic retains ownership of all proprietary workflows, n8n sequences, and custom AI architectures ("the Special Sauce"). The Client is granted a non-exclusive, non-transferable licence to use these for the duration of their active subscription. The Client retains ownership of its own data, branding, and content.
9. Consumer guarantees
Our services are supplied to businesses. Where the Client acquires services for the purposes of a business (in trade), the parties agree that the Consumer Guarantees Act 1993 does not apply, to the extent permitted by law. Nothing in these terms is intended to limit any rights you may have under the Fair Trading Act 1986 or any other law that cannot lawfully be excluded.
10. Limitation of liability
To the maximum extent permitted by New Zealand law, our total liability for any claim is capped at the amount paid by the Client to HikoLogic in the 30 days immediately preceding the claim. We are not liable for consequential or indirect losses.
11. Governing law
This agreement is governed by the laws of New Zealand. Any disputes shall be resolved in the New Zealand courts.
12. Contact us
Questions about these terms?
Email: support@hikologic.co.nz
Address: PO Box 12345, Tauranga 3143, New Zealand