Terms of Service

1. Eligibility and Authority

You must be at least 18 years old, or the age of legal majority where you live, and able to enter a binding agreement. If you use the Platform for an organisation or client, you confirm that you are authorised to act for that organisation or client and to provide the information you submit. In these Terms, "you" includes that organisation where applicable.

2. Beta Service

The Platform is in beta and is provided for evaluation and early operational use. Features, assessment content, limits, integrations, data formats, and availability may change. The Platform may contain defects or experience interruptions, and we may reset, restrict, suspend, or discontinue beta functionality. We will use reasonable efforts to avoid unnecessary disruption, but beta access has no service-level agreement, uptime commitment, support guarantee, or promise of general availability.

3. Accounts and Organisation Workspaces

You must provide accurate account information, protect your credentials, and promptly notify us of suspected unauthorised access. Accounts are personal and may not be shared. Organisation owners and administrators are responsible for workspace membership, invitations, roles, ownership transfers, benchmark consent, and result-sharing settings. You are responsible for activity performed through your account and for ensuring that your use complies with your organisation's policies and applicable law.

4. Permitted Business and Advisory Use

Subject to these Terms, you may use the Platform to assess organisational AI maturity, prepare and discuss results, support internal planning, and deliver legitimate strategic consulting or advisory engagements. Consultants must have appropriate client authority, protect client confidentiality, and ensure that client participants receive any notices or permissions required for assessment data. Beta access may not be resold, sublicensed, white-labelled, or used as a public assessment service unless PATHVAI agrees in writing.

5. Acceptable Use

You must not, and must not help anyone to:

• Use the Platform unlawfully, deceptively, abusively, or in a way that infringes another person's rights.
• Submit information you are not authorised to use, including confidential, personal, or regulated information without an appropriate basis.
• Attempt to bypass authentication, role restrictions, rate limits, security controls, or result-link protections.
• Probe, scan, disrupt, overload, introduce malicious code into, or interfere with the Platform or another user's access.
• Scrape, harvest, or use automated means to extract Platform content or user data except through an expressly permitted interface.
• Reverse engineer or copy the Platform except to the limited extent that applicable law does not allow that restriction.
• Use assessment content or outputs to build, train, benchmark, or improve a competing product or model without written permission.
• Misrepresent assessment results, benchmark eligibility, affiliation with PATHVAI, or the availability of any consultant marketplace or certification.

6. Customer Content and Permissions

"Customer Content" means organisation details, assessment responses, comments, files, and other information submitted through your workspace. As between you and PATHVAI, you retain ownership of Customer Content. You grant PATHVAI a non-exclusive, worldwide licence to host, copy, process, display, transmit, and create technical derivatives of Customer Content only as reasonably necessary to operate, secure, support, and improve the Platform, comply with law, and follow your valid instructions.

You confirm that you have all rights, notices, consents, and permissions needed for Customer Content and for PATHVAI to process it under these Terms and the Privacy Policy. You remain responsible for its legality, accuracy, and appropriateness. Do not submit special-category, highly sensitive, export-controlled, or regulated data unless PATHVAI has expressly agreed in writing that the Platform is suitable for it.

7. Assessment Results and Professional Judgement

PATHVAI generates maturity scores, recommendations, reports, and benchmarks from submitted information and the applicable framework version. These outputs are decision-support tools, not guarantees, certifications, audits, valuations, or legal, financial, investment, cybersecurity, employment, compliance, or other professional advice. Results may be incomplete or unsuitable if inputs are inaccurate, unrepresentative, or missing. You are responsible for reviewing outputs, applying qualified human judgement, and deciding whether and how to act on them.

8. Sharing and Benchmarking

A public result link is a bearer link: anyone with an active link may be able to view the shared result without an account. Organisation owners and administrators are responsible for choosing recipients, setting an appropriate expiry, protecting the link, and revoking it when access is no longer needed. Do not create or distribute a link unless you are authorised to share the result.

Benchmarking is optional and subject to eligibility, minimum cohort sizes, framework compatibility, and sufficient data. An owner or administrator may opt an organisation in or out. Benchmark outputs are estimates based on the available consented cohort and must not be represented as a complete market survey or guarantee of performance.

9. PATHVAI Technology and Intellectual Property

PATHVAI and its licensors retain all rights in the Platform, assessment frameworks, question banks, scoring methods, taxonomies, designs, software, documentation, trademarks, and other materials, excluding Customer Content. These Terms give you a limited, revocable, non-exclusive, non-transferable right to use the Platform for the permitted purposes during beta. No other rights are granted by implication.

10. Feedback and Aggregated Information

If you voluntarily provide feedback or suggestions, you grant PATHVAI a perpetual, irrevocable, worldwide, royalty-free right to use them without restriction or obligation to you. PATHVAI may create and use aggregated or de-identified information that does not reasonably identify you or your organisation for analytics, security, research, benchmarking where consent requirements are met, and service improvement.

11. Third-Party Services

The Platform relies on third-party hosting, authentication, email, infrastructure, and other services and may link to third-party websites. Those services may have separate terms and privacy practices. PATHVAI is not responsible for third-party products, content, or availability beyond the extent required by law.

12. Fees and Future Commercial Terms

Current beta access does not require a credit card. Final pricing, plan limits, paid features, taxes, renewal, cancellation, and refund terms have not been published. PATHVAI may introduce fees or separate commercial terms in the future, but we will provide notice and obtain any agreement required before charging you. Continued beta access does not guarantee future free access, pricing, or feature availability.

13. Suspension, Termination, and Data Access

You may stop using the Platform at any time. PATHVAI may limit, suspend, or terminate access where reasonably necessary to address a Terms breach, security risk, unlawful activity, non-payment under future agreed terms, extended inactivity, or discontinuation of the beta. Where practical, we will provide notice and a reasonable opportunity to export eligible data before discontinuing a workspace, unless security, legal, or operational circumstances prevent it. Sections that by their nature should survive termination will continue to apply.

14. Disclaimer of Warranties

To the maximum extent permitted by law, the Platform and all beta outputs are provided "as is" and "as available." PATHVAI disclaims implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted or error-free operation. We do not warrant that the Platform will meet every requirement, preserve data without loss, or produce a particular business outcome. Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.

15. Limitation of Liability

To the maximum extent permitted by law, neither party is liable under these Terms for lost profits, revenue, goodwill, anticipated savings, business opportunity, or data, or for indirect, incidental, special, exemplary, punitive, or consequential loss, even if advised that it was possible. PATHVAI's total aggregate liability arising from or relating to the Platform or these Terms will not exceed the greater of the amount you paid PATHVAI for the Platform in the 12 months before the event giving rise to liability or NZD 100.

These limits do not apply to liability that cannot lawfully be limited or excluded. Nothing in these Terms limits your obligations arising from unlawful use, infringement, misuse of another person's information, or breach of the acceptable-use restrictions.

16. Consumer and Mandatory Rights

These Terms are primarily intended for business use. Nothing in them excludes, restricts, or modifies rights or remedies that cannot be excluded under applicable law, including the New Zealand Consumer Guarantees Act 1993 or Fair Trading Act 1986 where they apply, and equivalent mandatory protections in other countries. If you acquire the Platform in trade, the parties agree that the Consumer Guarantees Act does not apply to the extent that exclusion is lawful and fair.

17. Governing Law and Disputes

These Terms are governed by New Zealand law, without regard to conflict-of-law principles, except where mandatory local law applies. Before starting formal proceedings, each party will make reasonable good-faith efforts to resolve the dispute. Subject to mandatory rights, the courts of New Zealand have non-exclusive jurisdiction.

18. Changes to These Terms

We may update these Terms as the beta, commercial model, or law evolves. We will publish the revised Terms and effective date here and provide additional notice where changes are material. Unless law requires otherwise, changes apply prospectively. If you do not agree to updated Terms, you must stop using the Platform before they take effect.

19. General

These Terms and the Privacy Policy are the entire agreement about beta access unless you and PATHVAI have signed separate terms, in which case the signed terms control to the extent of a conflict. You may not assign these Terms without our consent. PATHVAI may assign them as part of a reorganisation, financing, merger, acquisition, or transfer of the Platform. A failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will continue. Neither party is liable for delay caused by events beyond its reasonable control.

20. Contact

Questions about these Terms may be sent through our contact page or to info@pathvai.io. Include your organisation and account email where relevant.