Terms of Service
1. Introduction and Acceptance
Welcome to Afterburner AI (“Afterburner”). Afterburner is a software platform owned and operated by Afterburner AI Limited (“Company,” “we,” “us,” or “our”), a New Zealand registered company (Company No. 9060672) located at City Works Depot Shed 4/90 Wellesley Street West, Auckland Central, Auckland 1010. By registering an Afterburner user account or otherwise accessing and using the Afterburner platform, you (“you” or “your”) agree to these Terms of Service (these “Terms”). These Terms form a legally binding agreement between you and the Company, governing your access to and use of Afterburner. If you do not agree with any part of these Terms, you must not sign up for or use Afterburner.
Business Use and Authority. Afterburner is intended for use by business users such as financial advisers and organisations. If you are using Afterburner on behalf of a company or other legal entity (a “Customer”):
(a) You represent and warrant that you are an authorised representative of that Customer with the authority to bind the Customer to these Terms and to use Afterburner on its behalf.
(b) You must ensure that each person in your organisation who uses Afterburner has their own Afterburner user account, and that no login credentials are shared. Account sharing is not permitted.
(c) If the company or entity you represent does not agree to these Terms, or if you lack authority to agree on its behalf, you must not register or use Afterburner for that company’s purposes.
(d) Except as specifically provided in (a), (b), and (c) above (and provisions regarding fees in Section 3 applicable only to Customers), all references to “you” and “your” in these Terms include both the individual user and the Customer (company or entity) that the user represents.
Definitions. In these Terms: “Afterburner” (or the “Service”) refers to the Afterburner AI web-based software platform, including all associated applications, features, and services provided to you when you subscribe. An “Afterburner Account” or “User Account” is the account registered to a single user of Afterburner. A “Customer” is a business or entity that has subscribed to an Afterburner paid plan (and is responsible for payment of fees), while a “User” is any individual authorised to use Afterburner (whether under a Customer’s subscription or a trial). Other capitalised terms may be defined in context throughout these Terms. Headings and formatting in these Terms are for convenience only and do not affect interpretation.
2. User Accounts and Eligibility
To use Afterburner, you must register an Afterburner User Account.
Eligibility: You must be at least 18 years old (and able to form a binding contract) to register. The Service is offered only to business and professional users, not individual consumers. By registering, you confirm you are acquiring and using the Service for business purposes (for example, to assist in providing financial advice) and not as a consumer for personal, domestic, or household purposes. To the extent permitted by law, you acknowledge and agree that the New Zealand Consumer Guarantees Act 1993 does not apply.
When creating an account, you agree to provide accurate, current, and complete information about yourself (such as your name and a valid business email address) and to keep this information up to date. You must not use false identities or disposable email addresses. Account credentials (such as passwords or API tokens) must be kept confidential.
No Shared Accounts: Each Afterburner user must have their own account login. You must not share your login details with anyone else or allow any unauthorised person to access the Service using your credentials. You are responsible for all activities that occur under your account. If you become aware of any unauthorised access or breach of security related to your Afterburner account, you must promptly notify us.
We reserve the right to refuse registration or to suspend accounts that violate these Terms or where we determine, in our reasonable discretion, that doing so is necessary to comply with law or protect the rights and security of Afterburner and its users.
3. Subscription Plans, Fees and Payment
3.1 Plans and Free Trials
We offer subscription plans with different levels of features or usage (for example, by credit or user count – see our website’s pricing page for current offerings). From time to time, we may update our plans or pricing structure; however, any changes to pricing or plans will not affect you until the start of your next subscription period or renewal. If you are on a term-based subscription, price changes will apply upon renewal, and we will endeavour to give advance notice of significant changes.
Afterburner may be made available to you initially under a free trial or evaluation plan. The duration of any free trial will be communicated to you (e.g., a 14‑day free trial for new users). During the free trial, you can use Afterburner without charge, but no warranty or commitment of any kind applies to trial use – the Service is provided “as is” for evaluation only. We reserve the right to modify or terminate a free trial at any time. Unless you provide valid payment information and upgrade to a paid plan before the trial ends, your access will automatically expire at the end of the trial period. We may restrict trials to one per customer or impose other fair use limitations (e.g., disallowing multiple trial signups by the same entity or individual), and we may terminate or suspend a trial if we detect abuse (such as using throwaway emails or duplicate accounts). Trial Disclaimer: To the maximum extent permitted by law, we are not liable for any loss or damage arising from use of Afterburner during a free trial; you assume all risks of using the Service in a trial phase.
3.2 Subscription Fees and Payment
Fees: If you subscribe to a paid Afterburner plan, you agree to pay the subscription fees as specified for your chosen plan. All fees are stated in the currency indicated (default NZD or USD) and exclusive of any applicable taxes (such as GST or VAT) unless expressly stated otherwise. You are responsible for any taxes or duties payable in connection with your subscription, other than taxes on our income.
Payment Method: You will be asked to provide a valid payment method (such as a credit or debit card) when you sign up for a paid plan (or before your free trial ends). You authorise us (and our payment processor) to charge your provided payment method for the applicable subscription fees on the billing schedule applicable to your plan.
Billing Cycle: Subscription fees will be charged in advance on the first day of each subscription term (e.g., monthly or annually, depending on the plan you select), and recurring charges will occur on the renewal date for each subsequent term until you cancel. For example, if your monthly subscription starts on the 15th of a month, your card will be charged on the 15th of each subsequent month unless the subscription is terminated or changed.
Payment Processor: We use third-party payment processors (such as Stripe) to handle payment transactions. All credit card details you provide are held and processed securely by Stripe (or a similar payment provider), not by Afterburner. This means we do not store your full card number or CVV. The only card information we see is limited details (e.g., cardholder name, card type, expiry, and last 4 digits of the card number). By providing your payment information, you authorise the charge of subscription fees through our payment processor and agree to abide by the payment processor’s applicable terms and policies. We are not responsible for any errors or security breaches by the payment processor, or any fees or charges they impose. You acknowledge that the processing of payments is handled by Stripe or similar providers, and we are not liable for any failures or issues in payment processing outside our reasonable control. If a payment processor fails to charge your card or if unauthorised access occurs on their systems, you release us from liability for those issues, to the extent permitted by law. You agree that if you breach the payment provider’s terms (for example, by using a stolen credit card), you will indemnify and hold us harmless against any resulting claims or losses.
Accuracy of Billing Information: You represent that any payment information you supply is true and belongs to you or your organisation (or that you are duly authorised to use it). If we cannot charge your chosen payment method for any reason (e.g., the card has expired or has insufficient funds), we will attempt to notify you and you should promptly update your payment details. Failure to promptly remedy payment issues may result in suspension of Service access or termination of your subscription (see Sections 3.4 and 10).
3.3 Subscription Term, Renewals, and Changes
Term and Renewal: Your subscription starts on the date you first pay (or after any free trial ends, on the date payment is due) (“Subscription Start Date”) and continues for the subscription period you have selected (e.g., month-to-month, or annual) (“Subscription Term”).
Auto-Renewal: Subscriptions automatically renew at the end of each Subscription Term for a successive term of equal length (e.g., another month or another year) unless you cancel before the renewal date. We will charge your payment method on the renewal date for the next term’s fees, unless you have cancelled in advance.
Cancelling Auto-Renew: To avoid being charged for a renewal term, you must cancel your subscription before the renewal date (see Section 3.4). For monthly plans, cancellation any time prior to the next monthly charge will stop recurring charges for future months.
Upgrades and Downgrades: You may be able to change your subscription plan (for example, upgrading to a higher tier or adding additional capacity) through your Afterburner account settings or by contacting us. If you upgrade to a higher-priced plan, the change may take effect immediately and a pro-rated charge may occur for the difference in fees for the remainder of your current term (or we may start a new term from the change date). If you downgrade to a lower plan or reduce usage limits, the change will take effect immediately. Changing your subscription type or term may adjust your renewal date and future billing amounts accordingly.
We reserve the right to modify or discontinue any subscription offerings or pricing, but such changes will not apply to you until your next renewal or upgrade. If we discontinue your current plan type, we may transition you to a substantially equivalent plan or give you an option to choose among alternatives.
3.4 Cancellation and Termination of Subscription
By You (Cancellation): You may cancel your subscription at any time by contacting us (or using any self-service cancellation feature we may provide). For monthly subscriptions, cancellation will take effect at the end of your current billing month, meaning you will not be billed for the next month and your access will continue until the end of the paid period. For annual or other multi-month terms, cancellation will prevent automatic renewal for the next term; you will retain access until the end of the term you paid for. We do not generally provide pro-rated refunds for early cancellation except as required by law or expressly provided in these Terms.
By Us (Termination or Suspension): We reserve the right to suspend or terminate your subscription (and/or your access to the Service), in whole or in part, if: (a) you fail to pay the subscription fees or any other amount due by the due date and do not cure such non-payment within a short reasonable period after we provide a reminder (if applicable); or (b) you or any User under your account materially breaches these Terms or uses Afterburner in a way that is unlawful or that could harm us, our system, or other users. In some cases, we may give you notice of a breach and an opportunity to remedy it (if it’s something that can be cured) before terminating; however, we are not required to do so if the breach is severe or poses urgent risks. If we terminate your account for cause (e.g., non-payment or misconduct), we may do so with immediate effect and without advance notice. Additionally, we may terminate or suspend the Service or your account if we discontinue the Service entirely (though in such case we will provide notice and, if you have prepaid fees for a period beyond the termination date, we will refund the unused portion).
Effect of Termination: Upon termination or cancellation of your subscription, your right to access the Service will end at the conclusion of any paid-up period (or immediately, if terminated by us for cause with immediate effect). We recommend that you export or download any Customer Data (defined below) that you wish to retain before your access ends. After your account is closed, we will delete or anonymise Customer Data in accordance with our data retention policies and applicable law (see Section 8). We may retain basic account information to evidence the history of transactions or for legal compliance, but we will not retain your uploaded content except as legally required or as permitted under these Terms (e.g., backup copies for limited periods).
No Refunds and Outstanding Fees: If you cancel for convenience or if we terminate your account due to your breach, we will not be obligated to refund any prepaid fees for the remaining duration of your subscription term. In addition, any unpaid fees for the then-current term will become immediately due and payable upon termination. For example, if you signed up for an annual plan and are terminated for violating these Terms halfway through, you will not receive a refund for the remaining months and any amounts owing for the full term (if not yet paid) must still be paid. We may also condition any data return or handover on payment of any amounts due.
4. Licence and Access Rights
4.1 Grant of Licence
Subject to your timely payment of fees and compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence and right to access and use the Afterburner platform during your subscription term for your internal business purposes. This means you may use the Service to assist with your professional activities (for example, generating client reports, automating financial advisory tasks) but only as permitted by these Terms and applicable law. All rights not expressly granted to you are reserved by the Company.
4.2 Conditions of Use
This licence to use Afterburner is subject to the following conditions and limitations:
(a) Authorised Users: Only authorised Users may access and use Afterburner under your account. If you are a sole trader or individual Customer, you are the authorised user. If the Customer is an organisation, authorised Users are limited to the employees, contractors, or agents of that Customer for whom accounts have been created. You must not permit any unauthorised person (including clients or other third parties) to access or use the Service using your account or on your behalf.
(b) No Transfers or Sharing: Your rights to use Afterburner are personal to you (or your organisation) and you must not rent, lease, sell, transfer, assign, or sublicense your access rights to any other person or entity. Similarly, you must not share login credentials or otherwise circumvent the user licensing mechanism.
(c) No Alteration or Reverse Engineering: You may not modify, adapt, disassemble, decompile, or reverse engineer any part of the Afterburner platform or software, except to the limited extent that such activity is expressly allowed by applicable law notwithstanding this restriction. You are not granted any rights to obtain or use the source code of our software. You must not remove, obscure, or alter any copyright, trade mark, or other proprietary notices on the Service.
(d) Security Testing: You must not conduct any security testing (such as penetration testing, vulnerability scanning, or stress testing) on Afterburner’s systems without our prior written consent. Unauthorised testing or interference with the Service’s security measures is strictly prohibited.
(e) Use for Intended Purpose: You may use Afterburner only for its intended and lawful purpose of automating and assisting with professional workflows (e.g., generating documents, insights, calculations in the financial advisory context). You agree not to use the Service in a manner inconsistent with its documentation or published guidance, and we reserve the right to impose reasonable limits on usage to protect service performance (for example, rate limiting API calls or other measures to prevent abuse).
Your rights to use Afterburner will terminate immediately if you violate any of the above conditions or any other provision of these Terms. In the event of termination, you must cease all use of the Service and destroy any locally stored or cached copies of our software or content.
5. Acceptable Use and Conduct Restrictions
You agree to use Afterburner responsibly and in compliance with all applicable laws. You must not (and must not permit or assist any third party to) misuse the Service in any way. Prohibited conduct includes, but is not limited to, the following:
Illegal Purposes: Do not use Afterburner for any unlawful purpose, or to facilitate or promote any illegal activity. You must not use Afterburner to violate any applicable law or regulation, or the legal rights of any person or entity. This includes (but is not limited to) laws related to privacy, data protection, intellectual property, and financial services regulations.
Criminal Activities: You must not use Afterburner in connection with crimes such as fraud, money laundering, terrorism, cybercrime, or theft.
Intellectual Property Infringement: Do not use Afterburner in any manner that infringes or misappropriates the intellectual property rights of others. For example, you must not upload or input any content to Afterburner that you do not have the right to use, or that violates copyrights, trade marks, trade secrets, patent rights, or other proprietary rights. Similarly, you must not use Afterburner’s outputs or tools to create content that infringes someone else’s intellectual property.
Unsolicited Messaging & Spam: You must not use the Service to send unsolicited bulk messages, spam, or phishing emails to anyone. Use of any communication features of Afterburner (if provided) must comply with anti-spam laws. Harassing or frequent messaging through the Service’s outputs (for example, using it to generate harassing emails or texts) is prohibited.
Harmful or Obscene Content: You must not use Afterburner to create, store, or transmit content that is unlawful, harmful, violent, hateful, obscene, defamatory, or otherwise offensive or objectionable. This includes content that is harassing or discriminatory toward individuals or groups, or that contains graphic violence or pornography.
Privacy Violations and Personal Data: Do not use Afterburner in a way that violates anyone’s privacy or data protection rights. For example, you must not use Afterburner to improperly collect or disclose personal information about individuals without consent (no identity theft, doxing, or unauthorised personal data processing). If you upload personal data of third parties (such as your clients) into Afterburner, you must have the legal right to do so (see Section 8 on Data & Privacy).
Account Misuse: You must not share your password or allow others to use your account (except authorised users for a Customer account as described). Using another person’s account or credentials, or misrepresenting your identity to gain access, is prohibited.
Unauthorised Access: You must not attempt to gain unauthorised access to any portion of Afterburner, its related systems, or other users’ accounts. This means no hacking, password “phishing,” or circumventing access controls.
Competitive Use: You must not use Afterburner to develop or enhance a competing product or service. Likewise, you should not use Afterburner to solicit Afterburner users for a competing service.
No Reverse Engineering or Scraping: Except as allowed under Section 4.2(c), you will not reverse engineer, decompile, or extract source code from Afterburner. Additionally, scraping or harvesting data from the Service, whether manually or via an automated means (such as bots, spiders, or crawlers), is not allowed, except to the extent permitted by law (and then only after providing us notice of your intent). Overloading the Service with automated requests (e.g., mass account creation or excessive API calls) is also prohibited.
Commercial Exploitation: You may not resell, rent, lease, or provide access to Afterburner to any third party (except as explicitly authorised as a reseller or partner in a separate agreement). Any commercial exploitation of our platform or content that is not authorised by us is forbidden. You also may not sell or license any content or information obtained from Afterburner, except for legitimate outputs you have generated for your own business use.
Interference with the Service: You must not interfere with or disrupt the proper operation of Afterburner. This includes prohibitions on activities that could overburden our infrastructure, deploying any viruses, worms, malware, or harmful code, or using the Service in a manner that impairs its speed, stability, or availability for other users. You must not attempt to bypass any security measure or throttle we impose, nor engage in denial-of-service attacks or similar. Also, you must not execute any form of network monitoring or packet sniffing on the Service that would intercept data not intended for you.
Security Breaches: You must not use Afterburner to carry out any kind of security breach or disruption of others’ networks. This includes attempts to probe, scan, or test the vulnerability of any system without authorisation, launching any form of cyber attack, or propagating malware through Afterburner. You may not use Afterburner to intercept or monitor data traffic without permission.
Harassment: You may not use Afterburner to harass, bully, or stalk others.
Prohibited Data: Do not upload or transmit any data that is highly sensitive or regulated unless we have expressly agreed to handle such data. For instance, do not upload personal health information, payment card information, or other sensitive personal data into Afterburner unless we have a separate agreement permitting that and ensuring compliance with applicable standards.
This list of prohibitions is not exhaustive. Any use of Afterburner that is outside the scope of its intended purpose, violates others’ rights, or is harmful to us or other users may be considered a breach of these Terms. We reserve the right to investigate any suspected misuse of the Service.
Enforcement: If you violate the above rules or any other provision of these Terms, we may take enforcement action. This can include removing or disabling access to content you posted, and/or suspending or terminating your account or access, with or without notice, at our sole discretion. Serious violations (for example, illegal conduct) may result in immediate termination and referral to law enforcement if appropriate. We shall not be liable for any loss you incur as a result of our good-faith enforcement of these provisions. You agree to cooperate with us in our investigation of any violation and to immediately remedy any violation you are notified of.
6. Service Availability and Changes
We strive to keep Afterburner running smoothly and continuously, but we do not guarantee perfect uptime or that the Service will always be available. Afterburner is provided on an “as available” basis. You acknowledge that availability may be affected by factors outside of our control (such as internet outages, cloud infrastructure issues, or acts of God), as well as by routine maintenance or updates.
Third-Party Infrastructure: Afterburner operates using third-party cloud servers and services. Some aspects of the Service (like data storage, networking, or AI processing) rely on third-party providers. As a result, certain technical elements are outside our direct control. We are not responsible if a third-party service failure or downtime affects Afterburner’s functionality.
Downtime and Maintenance: There may be occasions when Afterburner is temporarily unavailable for maintenance, upgrades, or due to emergency issues. Where feasible, we will try to schedule maintenance during low-usage times and provide advance notice (for example, via an in-app notification or email). However, we reserve the right to perform emergency maintenance or take the Service offline without notice if necessary to protect security or fix critical issues.
No Liability for Interruptions: To the fullest extent permitted by law, we will not be liable for any losses or damages arising from any unavailability of the Service, whether due to scheduled maintenance, technical failures, or other interruptions. We will work to restore service as soon as reasonably possible in the event of an outage, but you should have contingency plans for critical operations in case of any downtime.
Service Changes: We are continuously improving Afterburner and may add, modify, or remove features or components of the Service over time. We reserve the right to change or discontinue any part of Afterburner at any time at our reasonable discretion. We will try to inform you of major changes (especially if a feature you rely on is being deprecated), but there may be instances where immediate changes are necessary (for instance, for security or legal compliance). Changes to the Service’s features will not entitle you to any refund of fees; if you are dissatisfied with a material change, your sole remedy is to terminate your subscription going forward. If we discontinue the Service in its entirety, we will provide advance notice and refund any prepaid fees for periods after the discontinuation.
No Guaranteed Features or Results: While Afterburner is designed to automate tasks and increase productivity, we make no guarantee that any specific feature or output will meet your requirements or be available at all times. You assume sole responsibility for results obtained from using the Service and for any decisions made based on those results. The Service may occasionally have errors or inaccuracies (especially as it involves AI-generated content – see Section 9). You agree that except as otherwise expressly provided in these Terms, the Service is provided without warranties (see Section 11).
7. Intellectual Property Rights
7.1 Ownership of Afterburner IP
Our Intellectual Property: As between you and us, the Company retains all right, title, and interest in and to Afterburner, including all related software, code, databases, algorithms, designs, user interfaces, know-how, trade marks (e.g., the “Afterburner” name and logo), and other intellectual property (“Intellectual Property Rights” or “IPR”). Using our Service does not transfer any intellectual property rights to you. We own all intellectual property rights in the Afterburner platform (except for any third-party libraries or components not owned by us, which remain the property of those third parties). You agree that you will not challenge or undermine our ownership of the Afterburner IPR. You are granted a limited licence to use Afterburner as described in these Terms, but you have no ownership rights in the software or any part of our brand or technology.
Any improvements, updates, or derivative works of Afterburner made by us are likewise owned by us. If you provide any feedback, suggestions, or ideas regarding Afterburner (for example, ideas for new features or improvements), you acknowledge that we may implement and use those suggestions without obligation to you. You assign to us all rights, title, and interest in any feedback or suggestions you provide regarding Afterburner, and to the extent an assignment is not effective, you grant us a perpetual, irrevocable, royalty-free licence to use and incorporate your suggestions into our products and services.
You must not use our trade name, logos, or other brand features without our prior written consent, except as necessary to identify yourself as a user of Afterburner.
7.2 Your Materials and Data
Your Content and Data: As a user, you may input or upload data, content, or materials into Afterburner in the course of using the Service (for example, client information, financial data, documents, text, images, etc.). All data, content, and materials that you (or your authorised users) provide to us or store in Afterburner, including any outputs generated for you by the Service based on your inputs, are considered “Customer Data” or “Customer Materials.” As between you and us, you retain ownership of all intellectual property and other rights in your Customer Data. We do not claim ownership over the information or content you provide to us.
By inputting or uploading Customer Data to Afterburner, you grant us a licence to use, process, transmit, and store that data solely for the purpose of providing the Service to you and fulfilling our obligations under these Terms. This licence is worldwide, non-exclusive, and royalty-free. We will not use your Customer Data for marketing or for developing our services in a way that reveals your confidential information or personal data, except with your permission.
You represent and warrant that you have all necessary rights and permissions to provide the Customer Data to Afterburner and to grant us the rights to use it as described. You promise that your Customer Data does not infringe any third party’s intellectual property or other rights, and that our processing and use of the data in accordance with these Terms will not violate any law or rights of any person. You agree to indemnify and hold us harmless from any claim that any Customer Data (or our use of it to provide the Service) infringes someone else’s rights or violates the law. We are not responsible for reviewing the content you provide to ensure it’s legal or non-infringing; that responsibility lies with you.
We do not acquire any ownership in your content, and nothing in these Terms will prohibit you from using your Customer Data for any purpose outside our Service. If you delete Customer Data from the Service (and it is not retained in any backups), our licence to that specific data will end (except to the extent it is retained in system logs or backups as temporarily necessary for our internal record-keeping or legal compliance).
7.3 Licence to Outputs
As part of using Afterburner, you will receive AI-generated content and other outputs based on your inputs (for example, draft reports, summaries, calculations – collectively, “Outputs”).
Ownership of Outputs: To the extent that the Outputs are derived from your Customer Data, or are unique to your use of the Service, we consider those Outputs to be part of your Customer Materials. This means that you own the Outputs that Afterburner generates for you, subject to any rights of third parties contained in the Output. For instance, if an Output includes third-party content (like a snippet of a law or a quote from a document you provided), the original third-party rights remain. But the generative AI-produced text that isn’t copied from third parties is yours to use.
We grant you a licence to use, reproduce, and modify the Outputs for your lawful business purposes without restriction. However, it is your responsibility to review and ensure that Outputs are correct and appropriate for use (see Section 9 on AI disclaimers). If any Output includes our proprietary templates or logic (for example, a report format), we give you a licence to use that as part of the Output, but you cannot separately extract and reuse our underlying proprietary format outside of the Output’s context.
7.4 Retention of Rights
Except for the licences explicitly granted in these Terms, neither party transfers or assigns any intellectual property rights to the other. All rights not expressly granted are reserved.
If you believe that Afterburner or any content on it infringes your intellectual property rights, please notify us with detailed information so we can investigate. We respect intellectual property laws and will remove or disable content that is found to infringe copyrights or other IP rights in accordance with applicable laws.
8. Data Security and Privacy
Your privacy and data security are extremely important to us. We implement industry best practices to protect your data, and we comply with applicable data protection laws.
8.1 Compliance with Privacy Laws
Afterburner AI Limited is based in New Zealand and complies with New Zealand’s Privacy Act 2020, as well as other data protection laws that apply to our provision of the Service. Our Privacy Policy explains in detail how we collect, use, and protect personal information. By using Afterburner, you acknowledge that you have read our Privacy Policy and that we will process personal data in accordance with that policy and applicable law. If you are subject to laws like the EU General Data Protection Regulation (GDPR) or UK GDPR, and you upload personal data to Afterburner on behalf of your business, we can provide a Data Processing Agreement (DPA) as needed. We do not use personal information for any purpose other than providing the Service and as described in our Privacy Policy. Both you and Afterburner agree to comply with all applicable data protection and privacy laws in connection with using and providing the Service.
If you are providing us personal data about third parties (for example, your clients), you are responsible for having a lawful basis to do so.
Your Responsibilities: You must ensure you have obtained any necessary consents or have another legal justification for processing and sharing that personal data with us. You agree that you will not provide us with any personal information that you are not authorised to share. If a data subject (such as your client) asks you to delete or access their personal data, or withdraws consent, you will promptly notify us if it affects data stored on our systems, so that we can assist in compliance with such requests.
8.2 Data Security Measures
We take security seriously and employ administrative, physical, and technical safeguards to protect Customer Data. This includes encryption of data in transit (e.g., via HTTPS/TLS) and at rest on our systems, access controls, network firewalls, and regular security assessments. We are aligned with the standards of ISO 27001 for information security management and are in the process of obtaining formal ISO 27001 certification (certification is pending as of the last update of these Terms). We also maintain SOC 2-aligned practices and continuously improve our security protocols. However, no system is perfect, and you acknowledge that no data transmission or storage can be guaranteed 100% secure. You agree to use appropriate discretion and not to upload highly sensitive personal data unless necessary.
Afterburner uses reputable cloud service providers and AI technology providers, which also implement robust security. Any data sent to third-party AI services (see Section 9) is encrypted in transit and, where applicable, at rest. We ensure that our third-party providers commit to privacy and security obligations as well.
8.3 No Data Use for AI Training
We understand how important your data confidentiality is. We do not use your Customer Data to train or improve third-party AI models. Your data remains isolated and is only used to provide the Service to you and for no other purposes without your consent. Note: Third-party AI providers we utilise may temporarily retain data for abuse monitoring, but not to train their public models (see Section 9.1).
We also do not sell or share your personal data with third parties for marketing or unrelated purposes.
8.4 Data Backups and Retention
You are ultimately responsible for maintaining your own backups of your data, especially any critical business records. While we do back up data on our systems for disaster recovery, we cannot guarantee that a backup will always be available for every piece of data. To the fullest extent permitted by law, we shall not be liable for any loss or corruption of data or content uploaded to Afterburner, and you are advised to keep separate copies of important files. In the unlikely event of data loss on our side, we will use our best efforts to restore from backups and inform affected users.
Upon termination of your account (or upon your request), we will delete Customer Data in line with our retention policy. Generally, we remove user-uploaded content from the active database promptly after account closure, and our standard retention is to delete or anonymise personal data within a reasonable period, except for data we are required to keep for legal reasons or backups. If you need a copy of your data prior to termination, please let us know and we will attempt to assist (for instance, by providing an export). Note that removal from backups may take additional time, but during that time the data remains protected.
8.5 Statistical Data
We may collect and derive certain analytical information from your use of the Service, such as usage metrics, performance statistics, and other telemetry (“Usage Data”). This data is generally in aggregated and/or anonymised form. We use this information to understand how the Service is performing, to improve our platform, and for business analytics. We ensure that any public disclosure of such analytics will not include any of your personal information or any data that can be reasonably linked back to you or any identifiable individual. All rights and intellectual property in such aggregated/anonymised statistics and insights belong to us, and none of it will be considered Customer Data or confidential information.
For more details on how we handle data, please refer to our Privacy Policy. By using Afterburner, you agree to the collection and use of data as described herein and in that policy.
9. AI Content and Generative AI Disclaimers
One of Afterburner’s core features is the use of artificial intelligence to generate content (such as summaries, recommendations, and document drafts) based on your inputs. The following terms apply whenever you use Afterburner’s AI features (“Generative AI”):
9.1 Acknowledgement of AI Risks and Third-Party Providers
(a) Inaccuracies and Bias: You acknowledge that Generative AI technology carries inherent risks, including that outputs may sometimes be incorrect, incomplete, or misleading. AI-generated content might contain factual errors or biased language, even if it sounds confident or authoritative. You agree to independently verify critical or sensitive results and not to rely solely on AI outputs without review.
(b) Third-Party AI Providers: Afterburner’s AI functions are powered in part by third-party AI models and services (“Providers”). We are not responsible for the acts or omissions of these third-party Providers. We select Providers that commit to high standards, but we cannot guarantee their performance. You understand that the AI Providers have their own terms of use and policies, and by using the AI features, you also agree to comply with any applicable Provider terms (we will make you aware if any such terms require direct acceptance).
(c) Data Shared with AI: To generate AI outputs, Afterburner needs to send your input data (prompt) to the AI Provider’s systems, where the model processes it and returns a result. By using Generative AI features, you agree that the content you input (which may include personal or confidential data) can be transmitted to the AI Provider for processing. We encrypt data in transit to these AI services and take steps to protect it. Providers are instructed not to use your data for any purpose other than to provide the result (and not to retain it beyond temporary caching for abuse monitoring, typically). You should not input any information into the AI that you are not authorised to share with an external processor.
(d) Legal Uncertainties: You acknowledge that the legal and regulatory framework around Generative AI is evolving, and accept the associated risks.
(e) Outputs Provided “As Is”: Any content or suggestions generated by Afterburner’s AI are provided “as is” without warranty of any kind. We disclaim all express or implied warranties regarding AI outputs, including any warranties of accuracy, quality, suitability, non-infringement, or fitness for a particular purpose.
(f) User Responsibility for Content: You are solely responsible for any content you input into the AI and for any use you make of the AI-generated results. You must exercise your own professional judgement and review outputs before use, especially in regulated fields like financial advice.
(g) No Misuse of AI: You agree not to use the Generative AI capabilities in any manner that would violate the Acceptable Use restrictions in Section 5 or infringe on others’ rights.
(h) Attribution and Confidentiality: If you publish or share AI-generated content externally, you are responsible for any required disclosures and for ensuring no confidential information is inappropriately revealed.
9.2 Limitation of Liability for AI Features
In addition to the general limitation of liability in Section 11:
No Liability for AI Usage: You agree that Afterburner (and its affiliates, officers, employees, and agents) will not be liable for any loss, damage, or expense arising from your use of Generative AI features.
Indemnity: You agree to indemnify, defend, and hold us harmless from any and all claims, liabilities, and losses arising out of or related to your use of Generative AI. We will notify you of any such claim and allow you to control its defence, provided you handle it diligently and in good faith. We reserve the right to participate in the defence with counsel of our choosing at our expense.
Example: If Afterburner’s AI drafts a summary of a client’s financial situation, you should verify key figures and customise the advice. If the AI suggests an incorrect interest rate and you pass that on to a client without checking, the responsibility lies with you, not Afterburner.
10. Termination and Suspension
(Note: This section covers termination of the entire Agreement or account, whereas Section 3.4 addressed cancellation of subscription for convenience.)
10.1 Term and Mutual Termination Rights
This Agreement will remain in effect from the time you accept it (when you first register or use Afterburner) until it is terminated by either party as allowed herein.
Termination by You: You may terminate this Agreement at any time by cancelling your Afterburner account or subscription (as described in Section 3.4) and ceasing all use of the Service. If you simply stop using Afterburner, the Agreement does not automatically terminate.
Termination by Us for Convenience: We may terminate this Agreement and your account for convenience by providing at least 30 days’ written notice to you (e.g., via the email associated with your account). In such case, we will allow you to export your data and will refund any prepaid fees covering the period after the termination takes effect.
Termination for Changes: If we notify you of a material change to these Terms (per Section 12) or a significant change in the Service (per Section 6), and you object to that change, you may terminate this Agreement by giving us written notice before the change takes effect. If you do so and your account is on a paid plan, we will refund any prepaid fees for the period after termination. Using the Service after a change takes effect constitutes acceptance of the new terms.
10.2 Termination for Cause
Either party may terminate this Agreement (including your access to Afterburner) immediately upon written notice to the other party if the other party commits a material breach of these Terms and, if the breach is capable of being cured, fails to cure it within 14 days after receiving notice of the breach. We may terminate (or suspend) your account immediately if: (a) you materially breach Section 5 (Acceptable Use) or Section 9 (AI Use) or violate someone’s rights or the law; (b) you fail to pay fees when due; or (c) you undergo insolvency, bankruptcy, or similar proceedings (to the extent permitted by applicable law). We also reserve the right to deactivate or suspend your account as an interim measure if you are in breach or while investigating suspected misuse, including without prior notice if necessary to prevent harm.
10.3 Effects of Termination
(a) Cease Use: All rights and licences granted to you under these Terms immediately terminate. You must stop using Afterburner and delete any confidential information or proprietary materials of ours in your possession. Any provision of these Terms that by its nature should survive termination (such as limitations of liability, indemnities, and intellectual property provisions) will survive.
(b) Data Access and Deletion: Following termination, we will disable your accounts and you will no longer have access to the Service, including your stored Customer Data. We recommend that prior to terminating, you export any important data. Upon your written request made within 10 days of termination, we will use commercially reasonable efforts to provide you with a copy of your data (assuming you have paid all fees due). You may be charged a reasonable fee for data export requests if fulfilling them incurs significant effort. We typically retain an archived backup of account data for a limited time after termination (up to 30–60 days), after which we securely delete the data from production systems, subject to longer retention of encrypted backups and basic transaction logs for record-keeping and legal compliance.
(c) Outstanding Fees: You must immediately pay any outstanding fees for Service provided up to the termination date. In case of termination for your breach, any fees covering the remainder of your subscription term become due (no refund for unused period). If we terminated for our convenience or you terminated due to a material change or our breach, and you had paid for a future period you won’t use, we will refund those amounts on a pro rata basis.
(d) No Liability for Termination: Neither party will be liable to the other for any damages resulting solely from terminating this Agreement in accordance with its terms (however, terminating due to a breach does not preclude the non-breaching party from seeking damages for that breach).
(e) Continued Obligations: Termination does not relieve either party from obligations that accrued prior to termination.
11. Limitation of Liability
11.1 No Indirect or Consequential Damages
To the maximum extent permitted by law, neither Afterburner nor you will be liable for any indirect, special, incidental, or consequential damages arising out of or related to this Agreement or the use of the Service. This exclusion includes, but is not limited to, damages for lost profits or revenues, lost business opportunities, lost or corrupted data, business interruption, damage to goodwill, or the cost of substitute services, even if the party has been advised of the possibility of such damages.
11.2 Cap on Direct Damages
Except for the specific exceptions stated in Section 11.7 below, each party’s total cumulative liability to the other for all claims arising under or relating to this Agreement or the Service will not exceed the total amount of fees that you (the Customer) have paid to us in the twelve (12) months immediately prior to the event giving rise to the liability. If your use of Afterburner is entirely on a free basis (with no fees paid), our total liability shall not exceed US$100 (or the equivalent in local currency).
11.3 Service Provided “As Is”; No Warranties
Afterburner is provided to you “as is” and “as available.” Except as expressly stated in these Terms, we make no warranties or representations of any kind, whether express, implied, or statutory, regarding the Service. We expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. You specifically acknowledge that AI-generated content is unpredictable and may contain errors (Section 9 addresses this), and that you use such content at your own risk.
11.4 Third-Party Services and Links
When Afterburner provides links or access to third-party websites, services, or resources (including AI Provider services, Stripe, or any integrations), those are outside of our control. We do not endorse or assume responsibility for any third-party sites or services. If you access any third-party content or services through our Service, you do so at your own risk. Your use of third-party services may be governed by separate terms with those providers.
11.5 Uncontrollable Events
Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, such as natural disasters, acts of government, civil unrest, wars, pandemics, labour strikes, internet or telecommunications failures, or downtime of third-party cloud infrastructure (commonly known as “force majeure”). Payment obligations are excluded from force majeure.
11.6 Consumer Rights
If you are deemed a consumer under certain laws, you may have non-excludable rights. However, as noted, our Service is intended for business use. To the extent you have any rights under consumer protection laws that cannot be excluded, we do not exclude them. To the extent permitted by law, our liability for any non-excludable guarantee under the New Zealand Consumer Guarantees Act 1993 will be limited, at our option, to either (a) re-supplying the services to you or (b) paying the cost of such re-supply. You confirm you are acquiring the Services for the purposes of a business and agree that the Consumer Guarantees Act 1993 does not apply.
11.7 Exceptions to Limitations
Nothing in these Terms is intended to exclude or limit liability for:
Death or personal injury caused by a party’s negligence or wilful misconduct (to the extent such liability cannot be limited under law).
Fraud or fraudulent misrepresentation.
Any other liability which cannot be excluded by law.
Additionally, the liability limitations in this section (including the cap and exclusion of indirect damages) do not apply to: (i) your obligation to pay fees, (ii) your liability for violation of our intellectual property rights or misuse of our software beyond the licence, or (iii) your indemnification obligations under these Terms.
11.8 Application of Limitations
Both you and we agree that the limitations of liability in this Section 11 are reasonable and form a fundamental part of the agreement. These limitations will apply even if an exclusive remedy fails of its essential purpose and to the fullest extent permitted by applicable law.
12. Changes to Terms
We may update or modify these Terms from time to time, as our business and the regulatory environment evolve. If we make a material change to these Terms, we will provide you with advance notice (for example, by email to the address registered to your account or through an in-app notification) and will give at least 30 days’ notice before the updated Terms become effective. During that notice period, if you object to the changes, you may terminate your subscription or account as described in Section 10. If you do not do so and continue to use Afterburner after the new Terms take effect, you will be deemed to have accepted the changes.
For minor updates that do not materially alter your rights (for example, clarifications, corrections, or changes that benefit you), we may update the Terms by posting the revised version on our website or in the application, and such changes may become effective immediately or on the stated effective date. We will indicate the “Last Updated” date at the top of the Terms.
We will not make any change that retroactively impacts you without your consent, unless required by law.
13. Third-Party Links and Integrations
Afterburner may contain links or integrations to third-party websites, products, or services that are not owned or controlled by us. We do not endorse or assume any responsibility for any third-party websites or services accessible through Afterburner. If you click a link to a third-party site or enable a third-party integration, you do so at your own risk. Any use of third-party services is governed solely by that third party’s terms and policies, not these Terms. If a third-party service discontinues an integration, we are not responsible for the impact.
14. Notices and Communications
14.1 Notices from Afterburner
We may send you official notices or communications regarding your account or these Terms by email to the primary address associated with your Afterburner account. You are responsible for keeping your email address current and for regularly checking your email and any in-app notifications. Notices we send by email will be deemed received when sent, provided that we do not receive an error message. We may also send notifications via the Afterburner web application interface.
14.2 Notices to Afterburner
You can contact us or provide notices to us by emailing support@afterburner.co.nz (or another email address we designate for legal notices). If you need to give us an official notice of a dispute or legal matter, please also send a copy to our registered office address (Attention: Legal) as listed in Section 1. Written notices to our physical address will be effective when actually received by us.
14.3 Informal Communications
For day-to-day questions or support, you can reach out via the support channels listed on our website (which may include email, chat, or contact forms).
14.4 Language
All communications and notices under this Agreement must be in English. If we provide a translation of these Terms or any notice, the English version will control in case of conflict.
15. Governing Law and Dispute Resolution
15.1 Governing Law
These Terms and any dispute or claim arising out of or in connection with them or the use of Afterburner will be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law principles.
15.2 Jurisdiction
The parties agree to submit to the non-exclusive jurisdiction of the courts of New Zealand (in particular, the courts of Auckland, New Zealand) for the resolution of any disputes that may arise.
15.3 Dispute Resolution and Good Faith Discussions
Before either party files a formal lawsuit, you agree to contact us at support@afterburner.co.nz to discuss any dispute, and we will do the same, in an effort to resolve matters amicably. If we cannot resolve the dispute within 30 days of notification, either party may proceed with formal legal action. Nothing in this section prevents either party from seeking immediate injunctive relief to prevent irreparable harm (e.g., a confidentiality breach or IP infringement).
16. General Provisions
16.1 Entire Agreement
These Terms (along with any documents incorporated by reference, such as our Privacy Policy and any DPA) constitute the entire agreement between you and Afterburner AI Limited regarding the Service, and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. Any purchase order or other document from you with additional terms shall be for your internal purposes only and will not modify these Terms unless we expressly agree in writing.
16.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. The parties will, in good faith, modify any invalid or unenforceable provision to reflect the original intent as closely as possible, in a lawful manner.
16.3 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right. Any waiver must be in writing to be effective.
16.4 Relationship of Parties
The relationship between you and us is that of independent contractors. These Terms do not create any partnership, franchise, joint venture, agency, fiduciary, or employment relationship between us.
16.5 Assignment
You may not assign or transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. Any assignment by you without consent will be null and void. We may assign or transfer these Terms (in whole or in part) to an affiliate or in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of our assets related to the Service. We will notify you if such a transfer takes place. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
16.6 No Third-Party Beneficiaries
These Terms are for the benefit of you and us, and not for the benefit of any third party. No person or entity not a party to this Agreement shall have any right to enforce any term of it.
16.7 Export Compliance
The Service may be subject to export laws and regulations. You agree to comply with all relevant export control and sanctions laws in using Afterburner. You will not use or allow the use of the Service in embargoed countries or by prohibited entities as designated by New Zealand, U.S., or other applicable governments.
16.8 References
With your permission, we may identify you or your company as an Afterburner customer in our marketing (e.g., by displaying your company name or logo on our website). You can revoke this permission by notifying us, and we will remove such references in future materials.
16.9 Prevailing Language
These Terms are written in English. If we provide translations in other languages, the English version will prevail in any conflict or interpretation issues.
16.10 Contact Us
If you have any questions or concerns about these Terms or about Afterburner in general, please contact Afterburner AI at support@afterburner.co.nz.
By using Afterburner, you confirm that you have read, understood, and agreed to these Terms of Service.
