Terms & Conditions

Last updated: 13 October 2026

LucyIQ (“LucyIQ”, “we”, “us”, “our”) is a trading name of the company registered on the New Zealand Companies Register under company number 1687454 (NZBN 9429034566886). By subscribing to or using the LucyIQ service you (“you”, “your”, the “Customer”) agree to these Terms. If you do not agree, do not use the service. You must be authorised to enter into these Terms on behalf of your business.

Trying a free demo? You do not need a subscription to try LucyIQ. If you asked us to build you a free demo, clause 2B sets out the terms for it — read that plus clauses 6, 7, 9, 10 and 15–21, which apply to you too. The rest of these Terms apply once you subscribe.

This is a business-to-business service, not a consumer contract. The Service is provided to businesses for business purposes only. You represent that you are acquiring and using it in trade and not as a consumer. You are not a “consumer” for the purposes of the New Zealand Consumer Guarantees Act 1993 or of consumer-protection laws in any other country, and consumer-specific protections — including auto-renewal, renewal-reminder, cancellation-notice and cooling-off rights that apply only to consumers — do not apply to your use of the Service.

Franchise plans: if you are buying a LucyIQ Franchise plan (AI agents across multiple locations), additional Franchisor Terms & Conditions apply together with these Terms — please read them before you purchase. If you are a location whose account was provided by your head office, clause 2C is written for you.

1. Definitions

• Service — the LucyIQ platform, websites, dashboards, AI agents, APIs, embeddable widgets and related software and support we make available to you.
• Agent — an AI assistant you configure and deploy through the Service.
• Content — the documents, website content, data, text, settings, prompts and other material you upload, connect, or ask us to index or process.
• Output — any response, text, summary, suggestion or other material an Agent generates.
• End User — any person who interacts with an Agent you deploy (for example a visitor to your website or a member of your staff).
• Authorised User — a person you permit to access your LucyIQ account.

2. The service

LucyIQ provides AI agents that answer questions and perform tasks using the Content you provide — uploaded documents and/or website content you ask us to index (“private retrieval-augmented generation”). Agents are configured by you and embedded on your website or accessed privately through your LucyIQ account. The Service is a tool that assists you; it does not replace professional judgement. We may add, change, deprecate or remove features over time, and we may rely on third-party providers to deliver parts of the Service (see clause 12).

2A. Optional features that change what an Agent does

Some capabilities are off unless you turn them on, and each changes what the Service does with data or on your behalf. Turning one on is your instruction to us to operate it.

• Web search. An Agent may retrieve live results from the public internet to answer a question. Those results are third-party material we do not control, author or verify, they may be inaccurate or subject to someone else’s rights, and clauses 6, 10 and 12 apply to them in full. Retrieved material is used to answer the question; it does not become part of your knowledge base.
• Voice input. If you enable voice, an End User may speak their question. The audio is transcribed to text through a third-party provider and the text is processed like any other message; we do not use voice recordings to identify anyone or build a voiceprint. Where the law of your End User’s location treats voice as sensitive or biometric information, obtaining any necessary consent is your responsibility as deployer (clause 8).
• Call Assist (answers during a phone call). Call Assist is a paid add-on for a Helpdesk Agent or a Sales Expert. When one of your Authorised Users opens the call window for a telephone or internet call that they are personally taking part in, the Service listens to the sound of that call, converts the speech to text through a third-party provider, and shows that Authorised User answers drawn from your knowledge base. Call Assist does not answer, place, route or carry calls, and it never speaks to the caller. The following terms apply to it and prevail over anything inconsistent elsewhere in these Terms.
  • (a) You must tell the caller and get their agreement first. Before any of a caller’s speech is processed, your Authorised User must tell every other person on the call, in plain words, that an assistant is listening to the call to help answer their questions, and must obtain their agreement. The Service is built so that a caller’s speech is not converted to text until your Authorised User confirms in the call window that the caller has agreed. That confirmation is your statement to us that the notice was given and the agreement obtained, and we rely on it. If a caller does not agree, your Authorised User must record that in the call window, and that caller’s speech is not processed.
  • (b) Compliance with call-monitoring law is yours alone. Laws on recording, monitoring, intercepting and transcribing calls differ between countries and between states. Some require the agreement of every person on the call, a particular form of words, a notice at the very start of the call, or special treatment of particular people (including employees and minors). You are solely responsible for knowing and complying with every law that applies to you, to your Authorised Users and to the people they speak to, wherever each of them is, including where a caller is in a different country or state from you. We do not give legal advice. The wording the call window suggests is a prompt only; we make no representation that it is sufficient where you or your callers are.
  • (c) What is kept and what is not. We do not store the sound of a call. The sound is sent to our speech-to-text provider to be converted to text and for no other purpose (clause 12 and our sub-processor list describe that provider). We do not keep a transcript of a call, and there is no setting that keeps one: the text of a call is deleted once the summary of the call has been written, and no later than when the call is filed (or 30 days after the call if it is never filed). The answers shown during the call, the summary written at its end, the contact details your Authorised User enters and any notes are stored with the ticket or lead the call is filed to, or as a call record if it is filed to neither; a call record that is on neither a ticket nor a lead is deleted on the same schedule as conversations. All of these are your Content. Records of how much listening took place are usage and billing records.
  • (d) Where it is not available. Call Assist is not offered to, and must not be used by, a business located in the United States of America or in any other place we identify as unavailable from time to time, and we may decline or withdraw it for any location at any time. You must not use it on a call where any person on the call is in a place in which listening to or transcribing that call in this way would be unlawful.
  • (e) What you must not do with it. You must not use Call Assist: to listen to a call that the Authorised User who opened the call window is not personally taking part in; to listen covertly, or without the notice and agreement required by (a); on a call to or from an emergency service; on a call for medical, mental-health, crisis, legal or financial advice, or any other use within the high-risk uses in clause 7; to take or record payment-card details; to identify any person by their voice or to build a voiceprint; or to monitor, assess or discipline your own workers unless you have separately met every legal requirement for doing so.
  • (f) The answers are Outputs, and the text is not a record. An answer shown during a call is an Output and clause 6 applies to it in full. It is information for your Authorised User, who decides what to say and must not repeat it to a caller without judging that it is correct and appropriate. Speech-to-text is imperfect: names, numbers and words can be misheard or missed. The text and the summary of a call are an aid, not a complete or accurate record of what was said, and you must not rely on them as one.
  • (g) Charges. Listening and answers draw on the Agent’s allowance as described when you buy Call Assist (clause 4). Listening is counted whether or not an answer is shown. Cancelling Call Assist does not affect the Agent or its plan.
  • (h) Franchises. Where a head office switches Call Assist on for a location, the head office is responsible for the charge and may set the call rules for its locations. Each location is responsible for (a), (b) and (e) for the calls its own people take.
  • (i) Your indemnity covers this. Without limiting clause 14, your indemnity there applies to any claim by a caller, a regulator or any other person arising from a call your Authorised Users listened to with Call Assist, including a claim that a notice was not given, that an agreement was not obtained, or that the call should not have been listened to or transcribed at all.
• Email into the knowledge base. You may allow documents to be added to an Agent’s knowledge by email, including from senders outside your account that you approve. Anything arriving this way is your Content and clause 9 applies to it, including the warranty that you have the rights and consents to have it processed.
• Assistant-driven configuration. You can change your own settings by asking our management assistant in conversation instead of using the settings screens. Instructions you give it are your instructions, and a change it applies has the same effect as one you make yourself. It confirms significant changes with you before saving, but you remain responsible for reviewing your configuration and for the result of any change. If you do not want a setting changed this way, use the settings screens.
• Mobile apps. Where we make a LucyIQ app available, it is part of the Service and these Terms apply to it. It is provided at no extra charge, gives access to the same account, and requires a current subscription. Your use is also subject to the rules of the app store you obtain it from, and any device permission the app requests (for example the microphone, for voice input) is used only for the feature you are using at the time. We may update or withdraw an app, and app-store availability is outside our control.
• Sending email on your behalf. Where you use helpdesk, escalation or booking features, the Service sends email to your End Users in your business’s name — for example a ticket reply, a booking confirmation or a reminder — either from a LucyIQ address or, if you verify your own domain, from yours. You are the sender for legal purposes. You warrant that you have the necessary rights and consents to send those messages to those recipients and that doing so complies with the law that applies to them, including the New Zealand Unsolicited Electronic Messages Act 2007 and comparable anti-spam laws. You must not use these features to send marketing or bulk messages.

2B. Free demos and trials

This clause applies if we build you a free demo — through our website, or one we prepare for you — before you subscribe. You are not a Customer yet and there is no contract for the paid Service; clauses 6, 7, 9, 10 and 15–21 also apply to your use of a demo. If you subscribe, the rest of these Terms take over from that point.

• What it is. A working AI assistant, at no charge, built from the website address you give us and any document you add, so you can see what LucyIQ does with your own material. It is a trial, not a service you can rely on: no fee, no service level, no uptime promise and no support commitment.
• What you confirm. That you act for a business; that you are authorised to have that website indexed (it is your business’s site, or you have permission); and that you have the right to give us any document you upload. Do not upload customer records, or health, financial or other sensitive information — use an ordinary business document such as a price list, policy, FAQ or handbook.
• Do not deploy a demo to your own customers. A demo is for your evaluation only. You must not embed it on a live website or otherwise put it in front of your customers or staff as if it were a live service. A demo is built from an unchecked crawl, it deletes itself on the timetable below, and it runs in a demo mode where enquiries, tickets, leads and outbound email are deliberately suppressed — so a real customer’s message would go nowhere and no one would be told. If you want a live assistant, subscribe and deploy a real Agent under these Terms.
• Demos delete themselves. Unless you subscribe, we permanently delete the demo and everything in it: after about 3 days if it is never used, about 14 days from last use if it is, or about 30 days for a franchise demo. Ask us at security@lucyiq.com and we will delete it sooner. If you subscribe, the demo becomes your account and the normal retention rules apply instead.
• What we hold meanwhile. The website address you give us and the public content we read from it; your business name and contact email; any document you add; the chat messages sent to the demo; and basic usage information. For anything you upload you are the controller and we are your processor.
• Email about your demo. We will email you that it is ready and before it expires, and may follow up once or twice to ask what you thought. Every message carries an unsubscribe link; unsubscribe and we stop.
• Our discretion. We may change, pause, refuse or delete any demo at any time. To the maximum extent the law allows, a demo is provided “as is” and our total liability in connection with a demo is US$60.

2C. If you are a franchise location

This clause applies if your LucyIQ account was provided to you by your head office under their Franchise plan, rather than bought by you. It is written for you, the location, so you know where you stand — the Franchisor Terms govern the separate agreement between us and your head office.

• Who our customer is. Your head office (the “franchisor”) holds the subscription, pays for it, and is our Customer. You are a user under their account, not a party to any billing agreement with us. Anything about cost, invoicing, cancelling, or what you are charged for your location is between you and your head office — we do not invoice you, and we cannot resolve those questions.
• Which parts of these Terms apply to you. Clauses 1, 2, 2A, 6, 7, 8, 9, 10, 11 and 13–21 apply to your use of the Service. The billing, cancellation and plan-change clauses (4, 5 and the pricing part of 18) apply to your head office, not to you.
• Your head office can log in to your location and see your conversations. The network console they use day to day shows aggregate numbers, not transcripts — but they, or staff they authorise, can sign in to your location’s admin to help you, and that view includes your conversations. You are notified every time it happens — the sign-in appears in your notifications, naming who signed in and when. It is deliberately not silent access. If your customers or staff would be surprised by it, take that into account in what you let your Agent record, and in your own privacy notice.
• Some settings may be locked to you. Your head office may manage certain settings centrally — typically your Agent’s appearance and personality, so the brand is consistent — while leaving local knowledge and hours to you. A locked setting is shown as managed by them; ask them to change it. You can ask our management assistant to send them a request.
• Your local knowledge is yours. The local facts, hours, answers and corrections you add belong to your location. Other locations cannot read them, and you cannot read theirs. The canonical manual your head office publishes remains theirs, is shared with you read-only, and where it conflicts with something you have set locally, your local answer wins for your location.
• You are still the deployer. Where you put an Agent in front of your own customers, clauses 6, 7 and 8 apply to you for that Agent — including AI disclosure, your own privacy notice, and responsibility for what it tells your customers.
• If you leave the network. Your head office chooses at that point either to have your location deleted under our normal retention and export rules, or to release it so you can take up your own LucyIQ plan directly — after which these Terms apply to you in full as an ordinary Customer.

3. Your account and Authorised Users

You must provide accurate registration details and keep your login credentials secure. You are responsible for all activity under your account, for your Authorised Users, and for your Agents’ configuration and deployment. You must ensure your Authorised Users comply with these Terms.

4. Subscriptions, billing, allowance and taxes

• The Service is sold as a monthly subscription across the available plans. Each plan includes a monthly usage allowance and storage; usage above your allowance may be limited until the next monthly reset, or you may purchase additional capacity.
• Prices are stated in US dollars and are exclusive of GST and any other taxes, duties or levies, which are added where applicable.
• Subscriptions renew automatically each month until cancelled. You authorise us (and our payment processors) to charge your payment method for each renewal and for any capacity you purchase.
• Additional capacity. A monthly top-up is a subscription attached to one Agent: it renews with that Agent’s plan and ends when that Agent’s plan ends. A bulk pack is a one-off purchase shared by all your Agents, valid for 12 months from the day you buy it.
• Fees already paid are non-refundable except where required by law.

5. Cancellation, lapse and data deletion

You may cancel at any time. A cancelled subscription stays active until the end of the period you have already paid for, and you are not charged again. You can cancel one Agent, or all of them at once with “Cancel all my assistants” in your account settings. When an Agent’s paid period ends, that Agent stops answering. Until that date you can switch a cancelled subscription back on and nothing is lost.

Additional capacity when you cancel.

• A monthly top-up is cancelled together with its Agent. It keeps working until the same date as that Agent, then stops. You are not charged for it again.
• A bulk pack can be used by any Agent you still have. Once your last Agent has stopped, nothing can use it. It is kept, unused, until the account is deleted at day 60, so if you subscribe again within that time it is available to you again (until its own 12-month expiry). After that it is gone. Unused capacity is not refunded.

When your last subscription ends, whether you cancelled it or it lapsed because a payment could not be taken, your account goes through a 60-day wind-down before deletion:

• Days 1–30 — grace. Your Agents have stopped answering, but you keep full access to your account. This is the window in which to take a copy of your data, or to subscribe again and carry on where you left off. “Download my data” in your account settings exports your conversations, support tickets, leads, what you have taught your Agents, a list of your documents and your team. It does not include the source documents you uploaded to a knowledge base — you hold the originals of those, so keep your own copies.
• Days 31–60 — locked. Your public agent pages come down and you can no longer sign in. Your Content is still held, but you cannot reach it — so export before day 30. Subscribing again during this period restores everything.
• Day 60 — deletion. Your account and its Content, including your Agents’ knowledge base and any unused bulk pack, are permanently deleted and cannot be recovered.

We email you when the grace period starts, when the account locks, and again before deletion — but a notice failing to reach you does not delay deletion. We may change these periods on notice under clause 18.

Deleting your account immediately. Instead of cancelling, the account owner may choose “Delete my account and all its data now” in the account settings. This takes effect at once and cannot be undone: your Agents stop immediately, your account and all its Content are permanently deleted, and every subscription and top-up is cancelled so you are not charged again. Nothing is refunded — not the remainder of a paid period, a monthly top-up, or an unused bulk pack.

6. AI outputs — accuracy, reliance and your responsibility

This clause is central to how the Service may and may not be used.

• AI outputs can be wrong. Outputs are generated by artificial intelligence and may be inaccurate, incomplete, out of date, biased, or misleading, even when the Agent draws on the Content you provided. The Service does not verify Outputs and does not guarantee that any Output is correct, fit for a particular purpose, or free of error.
• Outputs are not advice. No Output is professional, legal, financial, medical, safety, employment or other regulated advice from LucyIQ, and no Output should be relied on as a statement of fact by LucyIQ.
• You are responsible for Outputs you rely on or publish. You are responsible for reviewing, validating and moderating Outputs before you, your Authorised Users, or your End Users rely on them, and for any decision, communication or action taken on the basis of an Output. Where an Agent answers your End Users, you are the operator of that Agent and you are responsible to your End Users for what it says, in the same way you are responsible for other content you publish.
• You control the Content and configuration that shape an Agent’s behaviour, including its knowledge base, persona, guardrails and the surfaces on which it is deployed. You are responsible for keeping the Content accurate and current and for testing your Agents.
• No liability for reliance. To the maximum extent permitted by law, we are not liable for any loss arising from reliance on, or the accuracy, completeness or suitability of, any Output. Clause 15 (Disclaimers) and clause 16 (Liability) apply.

7. Permitted use, prohibited use and high-risk uses

You must not use the Service, and must not configure or deploy an Agent, to:

• upload, index, generate or distribute unlawful, infringing, harmful, harassing, discriminatory, deceptive or misleading content;
• upload Content you do not have the right to use, or that breaches any person’s privacy, confidentiality or intellectual property rights;
• attempt to disrupt, overload, reverse-engineer, decompile, scrape at scale, or gain unauthorised access to the Service or its underlying models or infrastructure, or to circumvent usage limits, security or isolation controls;
• use the Service to build, train or improve a competing AI product or model, or to resell the Service without our written agreement;
• impersonate LucyIQ or any person, or misrepresent an Agent’s affiliation;
• use Call Assist other than as clause 2A allows, including to listen to or transcribe any call without the notice and agreement it requires.

High-risk and prohibited use cases. You must not use an Agent, and must not represent that an Agent may be used, for a purpose where an inaccurate, delayed or unavailable Output could lead to death, personal injury, or serious physical, psychological, financial, legal or reputational harm. Without limiting that, you must not use an Agent as the sole or determinative basis for, or to provide to End Users without qualified human review:

• medical, mental-health, crisis, self-harm or emergency guidance;
• legal, financial, tax, insurance or other regulated professional advice;
• decisions producing legal or similarly significant effects for a person — including decisions about employment, credit, housing, insurance, education, essential services, or eligibility for a benefit (“consequential decisions”); or
• fully automated decision-making about individuals without meaningful human oversight.

If your use case is regulated, safety-critical, or involves consequential decisions, you must implement appropriate human oversight and are solely responsible for compliance with the laws that apply to that use. We may suspend or terminate accounts, or remove Content or Agents, that breach this clause (see clause 17).

8. AI transparency and your obligations as deployer

You deploy Agents to your own End Users, which makes you the “deployer” (and, for your End Users’ personal information, the controller) under laws that apply to AI systems and data.

• Disclosure that they are interacting with AI. Where required by law — including Article 50 of the EU AI Act (in force from 2 August 2026) and comparable “bot disclosure” and consumer laws — you must ensure your End Users are clearly informed they are interacting with an AI system, unless an exemption applies. The Service is designed to allow this disclosure; you are responsible for enabling and presenting it appropriately for your audience and jurisdiction.
• Notices and consents to your End Users. You are responsible for providing your End Users with any privacy notice, terms, consent capture or accessibility accommodation that the law of their location requires in connection with your Agent, and for the lawful basis for any personal information they submit to it.
• Calls. If you use Call Assist, you are the one listening to the call. Clause 2A sets out the notice you must give every person on a call, and the agreement you must obtain, before any of their speech is processed; meeting those requirements, and every call-monitoring law that applies, is your obligation as deployer.
• Ongoing monitoring. You are responsible for monitoring your Agents’ behaviour and for configuring guardrails, escalation and content limits appropriate to your use.

9. Your Content and its licence to us

You retain all ownership of your Content. You grant us a non-exclusive, worldwide licence to host, store, process, transmit and index your Content, and to generate Outputs, solely to provide, secure, support and maintain the Service for you. We do not use your Content to train public or third-party AI models, and we do not use your Content to build models for other customers.

You warrant that you own or have all rights, licences and consents necessary to provide the Content and to have it processed by the Service, that the Content and your use of the Service do not infringe any third party’s rights or breach any law, and that any personal information within the Content has been collected and may be processed lawfully.

10. Intellectual property

• Our IP. We (and our licensors) own the LucyIQ platform, software, models, configurations, documentation, and branding, and all associated intellectual property. Nothing in these Terms transfers any of it to you beyond the limited right to use the Service under these Terms.
• Outputs. As between you and us, and to the extent an Output is capable of ownership, we assign to you our interest in the Outputs generated for you, so you may use them for your business, subject to these Terms and to any rights of third parties. You acknowledge Outputs are generated automatically, may not be unique, may be similar to Outputs provided to others, and may not attract intellectual-property protection.
• No output-IP indemnity. Because Outputs depend on the Content you supply and on third-party AI models we do not control, we do not warrant that Outputs are free of third-party rights and we do not indemnify you against any claim arising from your use of an Output. You are responsible for clearing rights in anything you publish.
• Feedback. If you give us feedback or suggestions, we may use them without restriction or obligation to you.

11. Data and privacy

Roles. For personal information in your Content and in your End Users’ interactions, you are the controller (or equivalent) and we act as your processor, processing it only to provide the Service and on your instructions as set out in these Terms.

What we collect: account and billing details; the Content you upload or ask us to index; Agent conversation logs (including a short excerpt of a message the Agent could not answer, retained for you to review, which may contain contact details an End User included); and basic usage figures (counts and timings, never the words of a conversation) and approximate-location analytics (derived from IP address), used to operate and improve the Service. For conversations on an Agent’s public surfaces we also record the End User’s IP address alongside the conversation, so the account owner can identify and block misuse; conversations with a signed-in member of the account are not recorded this way. A recorded IP address is deleted on the same schedule as the conversation it belongs to. We also receive the page an End User is on when they chat, so the Agent can answer about it; and on a Sales Expert you may optionally enable “Remember Visitor Journey”, which saves the pages that End User viewed during their visit alongside an enquiry they submit. That option is off unless you turn it on, and where you enable it you are responsible for disclosing it in your own privacy notice.

Calls (Call Assist only): Where you use Call Assist (clause 2A): the text of the speech on a call your Authorised User chose to have listened to, the answers shown, the summary, the contact details your Authorised User enters, and how much listening took place. The sound of the call is processed to produce the text and is not stored by us. A caller’s speech is not converted to text until your Authorised User confirms the caller has agreed.

How your Content is used: your Content and your Agents’ knowledge are private to your account. We do not sell your data, and we do not use your Content to train public or third-party AI models. We do not read or analyse the content of your Agents’ conversations for our own purposes, other than to diagnose a problem for you; the usage figures we keep for ourselves are counts and timings only. The one exception is Manage my Lucy, the assistant you use to run your own account: we review what account owners ask it, and what it could not do, so that we can improve it. Your Agents answer from the Content you provide and, only where you switch on web search, from live results retrieved from the public internet at the time of the question (see clause 2A).

Sub-processors: to deliver the Service we use a small set of trusted providers — cloud and database hosting, an AI/LLM provider for generating responses and embeddings, transactional email, and content-delivery/security. These providers process data only as needed to run the Service. A current list, and a Data Processing Agreement, are available on request from info@lucyiq.com.

Cross-border processing: your application is hosted in the Asia-Pacific region and your knowledge base is stored in Australia; some sub-processors may process data in other countries. By using the Service you authorise this processing, subject to appropriate protections.

Bot protection: some interactive features, including our chat assistant, are protected by Cloudflare Turnstile, which runs invisibly to confirm requests come from a genuine visitor rather than a bot. Turnstile does not display puzzles, use tracking cookies, or build an advertising profile; it assesses a limited set of technical signals for this purpose. Use of these features is also subject to Cloudflare’s Privacy Policy and Terms of Use.

Advertising on our own website: our marketing website (lucyiq.com, not your Agents, your subsite or your own website) uses the Google Ads tag, the Meta (Facebook and Instagram) Pixel and the LinkedIn Insight Tag, which set cookies so we can measure whether our adverts lead to visits and sign-ups and show our adverts to people who have visited our site. They do not run while you are signed in and are never placed on your Agents or in your End Users’ chats. You can opt out of personalised advertising in your Google, Meta and LinkedIn ad settings (adssettings.google.com, Ad Preferences in Facebook or Instagram, and LinkedIn’s advertising data settings) or block cookies in your browser.

Security: we apply reasonable technical and organisational measures to protect your data, but no system is completely secure and we cannot guarantee absolute security. We will notify you of a personal-data breach affecting you as required by law.

Mutual data obligations: each of us will, in connection with the Service: comply with the privacy and data-protection laws that apply to it; keep appropriate technical and organisational security measures for the personal information it handles; give the notices and obtain the consents the law requires of it (for you, towards your End Users; for us, towards you); and tell the other without undue delay of a personal-data breach affecting the other’s data, and cooperate in responding to it. Each of us is responsible to the other for loss caused by its own breach of this clause, subject to clauses 14 and 16.

Retention: conversations between your Agents and their End Users are kept for 12 months and then permanently deleted. Account owners can shorten this to 6 or 3 months per Agent (Ultimate agents can extend it to 24 months), and can delete an individual conversation, or an Agent’s entire history, at any time. The text of a call is never kept (clause 2A): it is deleted once the summary of the call has been written; a call record that is on neither a ticket nor a lead is deleted on the same schedule; a call filed to a ticket or lead is kept with that record. Your account, usage and billing records are kept while your subscription is active and for the wind-down period in clause 5, after which they are deleted.

Your rights: you may request access to, correction of, or deletion of personal information by contacting us. We handle personal information in accordance with the New Zealand Privacy Act 2020 and, where they apply to your use, comparable data-protection laws.

12. Third-party AI and service providers

The Service depends on third-party providers, including large-language-model providers. We are not responsible for the acts, omissions, availability, changes, deprecations or terms of those providers, and their processing of Content routed through them is governed by their terms (for example, our LLM provider’s API terms provide that content is not used to train their models). We may change providers or models to maintain or improve the Service. We are not liable for any interruption, change in behaviour, or loss caused by a third-party provider.

13. Confidentiality

Each party must keep the other’s non-public information confidential and use it only to perform under these Terms, except where disclosure is required by law. Your Content is your Confidential Information; the Service and our non-public materials are ours.

14. Indemnities

• By you. You will indemnify and hold us harmless from any claim, loss, liability, cost or expense (including reasonable legal costs, amounts paid in settlement, and, where the law allows, fines and penalties) arising out of or in connection with: (a) your Content; (b) your use, configuration or deployment of an Agent or any other feature of the Service, including any Output you publish or rely on, any claim by an End User arising from an Agent you deploy, and any claim by a person whose call, conversation or personal information is processed by a feature of the Service you use; (c) your breach of clauses 7, 8, 9 or 11; (d) your failure to give any notice, or obtain any consent, that the law requires of you before using the Service with another person; or (e) your breach of any law. This indemnity does not require you to indemnify us against liability for our own breach of a non-excludable law or for our own breach of these Terms.
• By us. We will indemnify and hold you harmless from any claim, loss, liability, cost or expense (including reasonable legal costs) arising from a claim by a third party or a regulator, to the extent it is caused by our breach of clause 11 (data) or clause 13 (confidentiality). Our liability under this indemnity is subject to clause 16, including the separate data cap.
• Conduct of claims. The party seeking an indemnity must notify the other promptly, allow it to control the defence and any settlement (which must not admit fault on the other’s behalf without consent), provide reasonable cooperation, and take reasonable steps to mitigate the loss.

15. Warranties and disclaimers

• We aim for high availability but do not guarantee the Service will be uninterrupted, secure, or error-free, and we may carry out maintenance.
• To the extent permitted by law, the Service and all Outputs are provided “as is” and “as available”, and we exclude all implied warranties, including of accuracy, merchantability, fitness for a particular purpose, and non-infringement.
• Nothing in these Terms limits or excludes rights or guarantees you have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 that cannot lawfully be excluded. Where you acquire the Service for the purposes of a business, those Acts do not apply, and to the extent the Fair Trading Act allows, you and we agree to contract out of sections 9, 12A, 13 and 14(1) as fair and reasonable.

16. Limitation of liability

• To the maximum extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss; loss of profit, revenue, goodwill, business, or anticipated savings; or loss of, or corruption to, data — whether in contract, tort (including negligence), equity or otherwise, and whether or not foreseeable.
• To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or in connection with the Service or these Terms is limited to the total fees you paid us in the 6 months before the event giving rise to the claim.
• Data and confidentiality claims have their own, higher cap. For claims arising from our breach of clause 11 (data) or clause 13 (confidentiality), including under our indemnity in clause 14, our total aggregate liability is instead limited to the total fees you paid us in the 12 months before the event giving rise to the claim, or US$1,000, whichever is greater. The two caps are not cumulative: the data cap is the total for data and confidentiality claims, and the general cap is the total for everything else.
• Each exclusion and limitation applies to us, our affiliates and personnel, and applies even if a remedy fails of its essential purpose. Nothing in these Terms excludes liability that cannot be excluded by law.

17. Suspension and termination

We may suspend or terminate your access (in whole or part) if you breach these Terms, if required to protect the Service, other customers, or any person, or if required by law or by a third-party provider. We will act reasonably and, where practicable, give notice. On termination, clause 5 governs your Content and the clauses that by their nature survive (including 6, 9, 10, 11, 13, 14, 15, 16 and 20) continue.

18. Changes to the service and these Terms

We may change the Service, plans, or pricing, and may update these Terms. We will notify material changes via the Service or by email at least 30 days before they take effect (or sooner where a change is required by law or to address a security or legal risk). Continued use after a change takes effect means you accept it. If you do not accept a material change, your remedy is to stop using and cancel the Service. When you first subscribe, and when we ask you to confirm a material change in the Service, we record which version of these Terms was accepted, when, and who accepted it for your business.

19. Force majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including third-party provider or infrastructure failure, internet or power outages, cyber-attack, natural events, or government action.

20. General

• Assignment. You may not assign these Terms without our consent. We may assign or novate them to an affiliate or in connection with a reorganisation or sale of our business.
• No third-party rights. No End User or other third party has any right to enforce these Terms.
• Entire agreement. These Terms are the entire agreement between us about the Service and supersede prior discussions. Any order, plan description, or policy we reference forms part of them; if there is a conflict, the specific written terms of an executed order prevail.
• Severability and waiver. If any provision is unenforceable, the rest continue. A failure to enforce a provision is not a waiver of it.
• Notices. We may give notice via the Service or to your account email; you may contact us at info@lucyiq.com.

21. Governing law

These Terms are governed by the laws of New Zealand, and the New Zealand courts have exclusive jurisdiction.

22. Contact

Questions about these Terms or your data: info@lucyiq.com