Terms and Conditions

These Terms and Conditions (“Terms”) form a contract between you and HypoAI Limited (“HypoAI”, “we”, “us”). They apply when you use our website, our free audit tools, and the HypoAI service.

By creating an account, signing an order form, or using HypoAI, you accept these Terms. If you use HypoAI on behalf of a broker firm, you confirm you have authority to bind that firm, and “you” means that firm.

These Terms sit alongside our Privacy Notice. Where the two deal with the same thing differently, the Privacy Notice decides how personal information is handled. If you and we sign a written agreement, that agreement prevails over these Terms to the extent of any conflict.

1. About us and how to reach us

HypoAI Limited provides software for insurance brokers that files and reads their claims emails and drafts replies. Our registered office is Flat 2, 30a Maungarei Road, Remuera, Auckland 1050, New Zealand.

For sales, account and support questions: craig@hypoai.org or +64 0212414881. For privacy questions, see the Privacy Notice for our Privacy Officer’s details.

2. Definitions

• Service: the HypoAI software and portal, the Chrome extension, the audit tools, and the support we provide.
• Order Form: a quote, order, or renewal you accept that sets out the plan, users, term and fees.
• Customer Content: everything you or your firm put into the Service, including claims emails, attachments, documents, and your own files and data.
• AI Output: anything HypoAI suggests, drafts, extracts or predicts, including claim details, coverage points, email replies and audit reports.
• Fees: the charges in your Order Form, exclusive of GST.

3. Using our website and audit tools

We give you a limited, non-exclusive, non-transferable right to view the website and use the audit tools for your own business purposes. You agree not to:

• copy, resell or redistribute the site or its content;
• reverse engineer, decompile or try to find the source code of anything we provide;
• scrape, or use scripts or bots to extract data from the site or the Service;
• disrupt, overload or probe the site or the Service, or try to reach an account that is not yours;
• submit content you have no right to share, or a client’s personal information, into the audit tools — they are for reviewing design, not claims.

The typography and brand audit tools are free to use. They give general guidance generated by AI, are informational only, and are not professional advice. You keep ownership of what you submit, and we do not use your submissions to train AI models.

4. Accounts and access

Your firm’s account must be held by a person who can act for the firm. You must give accurate details, keep your sign-in credentials confidential, use the multi-factor authentication we provide, and tell us promptly if you think an account has been misused or compromised, at craig@hypoai.org.

You are responsible for activity carried out under your account, including by your staff and contractors. We can suspend or limit access if we reasonably believe there is a security risk, if Fees are overdue, or if these Terms are breached. We will tell you as soon as practicable where we are able to.

5. Orders, subscriptions and Fees

• Your Order Form and these Terms apply to every purchase. We can decline an order.
• Fees are quoted in New Zealand dollars and exclude GST. GST at the prevailing rate is added to taxable supplies.
• Fees are invoiced in advance for the billing period in your Order Form, and are due within 20 days of the invoice date.
• We may charge interest on overdue amounts at a reasonable commercial rate, and may suspend the Service if an amount remains unpaid 30 days after the due date and a written reminder.
• We may change Fees for a renewal on at least 30 days’ written notice. Fees for a committed term will not increase during that term.
• Fees already paid are not refundable, except where the law says otherwise or where we fail to provide the Service and do not fix it within a reasonable time.
• A free trial carries no obligation to continue, and we can end it early.

6. Your responsibilities

HypoAI is a tool for professionals, and you stay in charge:

• A broker must review and approve every AI Output before it is sent to anyone. Nothing goes to a client or an insurer without a broker approving it.
• You decide which mailbox and which claims information HypoAI may reach, and you keep that access limited to what you need.
• You are responsible for the information you give clients, the advice you give them, and your own conduct and record-keeping under New Zealand law.
• You must have the right to give us the Customer Content, and must tell your clients about the use of their information in line with your own privacy notice.
• You must not use the Service to lodge or progress a claim you know is false or misleading, or in a way that breaches an insurer’s requirements or the law.

HypoAI does not provide insurance advice, does not arrange cover, and does not decide claims — insurers do.

7. The Service, support and availability

We supply the Service with reasonable care and skill, and we work to keep it available. We do not guarantee that it will be uninterrupted or free of errors. We may carry out maintenance, and we will give reasonable notice where we can.

Support is available by email. We aim to reply to support requests within one working day, and faster for problems that stop the Service working.

8. Third-party services

The Service relies on services we do not own, including Microsoft 365 for your mailbox and sign-in, insurers’ online claim forms (which our Chrome extension can help you fill in), AI models supplied through OpenRouter, and hosting with Amazon Web Services in Sydney. Those providers’ own terms apply to their services. You must keep your licences and subscriptions current. We are not responsible for a third party’s outages or changes, except where the cause is something we could have controlled.

9. Intellectual property

We license the Service to you; we do not sell it. HypoAI owns the software, our documentation, and our name, logo and branding. Nothing in these Terms gives you rights to them beyond using the Service as agreed.

You own the Customer Content. If you give us suggestions or feedback about HypoAI, you may keep ownership of it, and you give us permission to use it freely to improve the Service without attributing you.

10. Your content and your clients’ information

You give us a limited licence to host, copy and process Customer Content only as needed to provide the Service to your firm. Where we hold claims information for a firm, we do so as that firm’s agent under section 11 of the Privacy Act 2020.

We keep each firm’s information separate from every other firm’s, we do not sell personal information, and we do not let AI providers train their models on it. How we store, share, keep and delete information is set out in the Privacy Notice.

11. AI Output

AI Output is a suggestion. It can be incomplete or wrong, and it depends on the information it was given. You must check it before relying on it or sending it on. Any coverage prediction is shown only to a broker and is never sent to clients or insurers.

AI Output is not legal, insurance or financial advice, and it does not create an obligation for us or for any insurer. You are responsible for what you send, file or approve.

12. Confidentiality

Each party must keep the other’s confidential information secret, use it only for this agreement, and share it only with people who need it and are bound to keep it confidential. This does not apply to information that is already public, was already known, was developed independently, or must be disclosed by law — in which case we will tell you first where we are lawfully allowed to.

13. Warranties and disclaimers

We warrant that we have the right to supply the Service and that we supply it with reasonable care and skill. To the extent the law allows, we exclude all other warranties, conditions and guarantees, whether express or implied.

The Service and the audit tools are supplied for business purposes and are not of a kind ordinarily acquired for personal, domestic or household use. Where the law allows, the parties agree that the Consumer Guarantees Act 1993 does not apply to the Service.

Website content is for information. We try to keep it accurate, but we do not warrant it, including any figures or examples, which illustrate what HypoAI can do rather than promise a result.

14. Liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, for fraud, and for conduct that the Fair Trading Act 1986 says cannot be excluded.

Subject to that, and to the extent the law allows, HypoAI is not liable for:

• indirect or consequential loss, or loss of a chance;
• loss of profit, revenue, business, goodwill or opportunity;
• loss or corruption of data other than in our own backups.

Subject to those limits, HypoAI’s total liability for any claim arising in connection with the Service is limited, at our option, to resupplying the Service or paying the cost of resupplying it, or to the Fees paid or payable by you in the 12 months before the event giving rise to the claim, whichever is greater.

15. Indemnity

You indemnify HypoAI against claims, losses and reasonable costs brought by a third party that arise from Customer Content, from your use of the Service, from your breach of these Terms, or from advice or information you give your clients — except to the extent the claim is caused by our breach of these Terms or our negligence.

16. Events outside our control

We are not in breach where we cannot perform because of an event outside our reasonable control, such as a natural disaster, fire, flood, epidemic, industrial dispute, war, civil disturbance, government action, power or internet failure, or a failure of a third-party service. We will tell you promptly and resume as soon as practicable. If it continues for more than 30 days, either party may end the affected Order Form on notice and we will refund prepaid Fees for the period after the end date.

17. Term, suspension and termination

• An Order Form runs for its stated term. It renews for the same period unless either party gives written notice not to renew at least 30 days before the renewal date.
• Either party may end an Order Form if the other materially breaches these Terms and does not fix the breach within 20 working days of written notice, or if the other becomes insolvent, goes into liquidation, or has a receiver appointed.
• You may stop using the Service at any time. To avoid the next renewal, give written notice at least 30 days before the renewal date.
• If a change to these Terms materially reduces the Service or increases your Fees during a committed term, you may end that term on notice and we will refund prepaid Fees for the period after the end date.

18. After termination

On termination your access ends and any right to use the Service stops. You may export the Customer Content you are entitled to hold for 30 days after the end date. After that we return or delete Customer Content as our agreement with your firm sets out and as the Privacy Notice describes, and we delete it securely, except where we must keep records by law. Amounts accrued up to the end date remain due.

19. Notices

Notices to us are sent by email to craig@hypoai.org or by post to our registered office. Notices to you are sent by email to the address on your account. An email is treated as received on the next working day after it is sent, unless it bounces.

20. Changes to these Terms

We may update these Terms as the Service develops. We will give at least 30 days’ written notice of a change, and the latest version is always on this page. By continuing to use the Service after the change takes effect, you accept it.

21. Electronic transactions

You agree to receive information and notices from us in electronic form, and consent under the Electronic Transactions and Electronic Signature Act 2017 to us providing them that way. You can ask for a paper copy at any time.

22. Resolving problems

If a dispute arises, please raise it first with craig@hypoai.org. If it is not resolved, a senior person from each side will try in good faith to settle it for 20 working days. If that does not work, the parties will try mediation with a mediator agreed between them, sharing the cost evenly. If mediation does not settle the dispute, either party may bring proceedings in New Zealand.

23. Governing law

These Terms are governed by the laws of New Zealand, and the parties submit to the jurisdiction of the New Zealand courts.

24. General

• These Terms, together with your Order Form and the Privacy Notice, are the entire agreement about the Service and replace earlier discussions.
• If a provision is unenforceable, the rest continues and the provision is read down as far as possible.
• A delay in enforcing a right is not a waiver of it, and a waiver must be in writing.
• You may not assign or transfer an Order Form without our written consent. We may assign to an affiliate or to a successor in a merger or sale, and will tell you.
• Nothing in these Terms creates a partnership, joint venture or agency between us, and neither party can bind the other.
• Sections 9 to 16, 18, 19, 22 and 23 continue after termination or expiry.

25. Contact

Questions about these Terms are welcome. Email craig@hypoai.org, call +64 0212414881, or write to HypoAI Limited, Flat 2, 30a Maungarei Road, Remuera, Auckland 1050.