1. Introduction 

Welcome to Proposi! These Terms and Conditions outline the rules and regulations for the use of Proposi, a software service provided by Faraway Tech Limited ("Faraway Tech", "we", "us", or "our").

2. Acceptance of Terms 

By accessing and using Proposi, you agree to comply with and be bound by these Terms and Conditions and our Privacy Policy. If you do not agree to these terms, you must not use our services.

3. Registration and Account Integrity 

a. To access certain features of Proposi, you must register and create an account. You agree to provide accurate, current, and complete information as required during the registration process. 

b. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

4. Use of Services

a. Faraway Tech grants you a limited, non-exclusive, non-transferable, and revocable licence to use the software and services in accordance with these Terms.

b. You agree not to use Proposi for any unlawful activity, nor to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.

5. Prohibited Activities

You are prohibited from using Proposi to:

 a. Create any unlawful, harassing, libellous, abusive, threatening, hate speech, harmful, or otherwise objectionable content or material.

b. Create content or material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.

c. Interfere with or disrupt the services or servers or networks connected to Proposi.

d. Breach any policies or regulations, including but not limited to any intellectual property laws.

6. Integration of OpenAI Tools and Compliance

a. Use of Third-Party Tools: Proposi incorporates tools and technologies provided by OpenAI, including but not limited to the OpenAI API and associated GPT models. Your use of these tools through Proposi is subject to OpenAI's terms and conditions, which are incorporated by reference into these Terms.

b. Responsibility for Compliance: You agree to adhere to OpenAI’s terms when using these tools. Any breach of OpenAI's terms of use may result in the suspension or termination of your access to Proposi, in addition to any other remedies available under these Terms or applicable law.

c. Consequences of Breach: If your violation of OpenAI's terms affects or involves Proposi, Faraway Tech Limited may take actions including, but not limited to, restricting your access to Proposi, terminating your account, and taking legal action if necessary. You acknowledge that Faraway Tech Limited is not responsible for any loss or damage arising from your breach of OpenAI's terms.

7. Intellectual Property

a. All intellectual property rights in and to Proposi, except for elements that are part of OpenAI’s technology, are owned by Faraway Tech Limited.

b. Your use of Proposi does not transfer to you any commercial or promotional use rights in our services.

8. User Content and Data Ownership

a. By uploading, transmitting, or submitting any text, data, information, or other materials to Proposi, you agree that ownership of such materials transfers to Faraway Tech Limited. You grant Faraway Tech an unlimited, perpetual, irrevocable, and royalty-free licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content throughout the world in any media.

b. You represent and warrant that you have the right to grant these rights and that the content does not infringe the rights of any third party.

9. Privacy and Data Protection 

Our Privacy Policy, which is incorporated by reference into these Terms and Conditions, sets out the principles and practices we follow to safeguard your privacy and manage your data responsibly when using Proposi. Below are the key aspects of how we handle your personal information:

a. Data Collection: We collect personal data necessary to provide and improve the services offered by Proposi. This includes, but is not limited to, your name, email address, and any other information you choose to provide during the use of our services. Our collection methods are designed to be transparent and compliant with applicable legal standards.

b. Use of Data: The personal data we collect is used for operating the Proposi platform, improving user experience, providing customer support, conducting marketing and sales operations, and performing other business activities as described in our Privacy Policy.

c. Data Sharing and Disclosure: We may share your data with trusted third-party service providers who perform services on our behalf, such as AI services, data analysis, marketing, and customer service. 

e. Data Security: We implement robust security measures to protect your data against unauthorised access, alteration, disclosure, or destruction as required by relevant laws and best practice.

f. User Rights: You have various rights regarding your personal data, including the right to access, correct, delete, or transfer your data, as well as the right to withdraw consent and object to certain processing activities. Detailed information on how to exercise these rights is available in our Privacy Policy.

g. Data Retention: We retain personal information only for as long as necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements. After this period, your data will be securely deleted or anonymised.

h. Changes to Privacy Policy: We reserve the right to update our Privacy Policy to reflect changes in our data management practices. We will provide notice of any significant changes and, where required by applicable law, we will obtain your renewed consent.

10. Disclaimers and Limitation of Liability

a. Service Condition: Proposi is provided on an "AS IS" and "AS AVAILABLE" basis. Faraway Tech Limited expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

b. Limitation of Liability: In no event will Faraway Tech Limited, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use or inability to use Proposi; interactions with any third party through Proposi; content obtained from Proposi; or unauthorised access, use, or alteration of your transmissions or content, regardless of the theory of liability. This limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.

c. Monetary Cap: The total liability of Faraway Tech Limited for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Proposi services in the one month prior to the action giving rise to the liability.

11. Termination

Faraway Tech Limited may terminate your subscription without refund or suspend your access to Proposi immediately, without prior notice or liability, for any reason whatsoever, without limitation if you breach our Terms and Conditions.

12. Governing Law and Exclusive Jurisdiction

a. Applicable Law: These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of New Zealand.

b. Exclusive Jurisdiction: You agree to submit exclusively to the jurisdiction of the courts located within New Zealand for the resolution of any disputes arising from or related to these Terms and Conditions and any separate agreements whereby we provide you services. This means that all disputes must be brought and heard solely within New Zealand.

c. Dispute Resolution: Prior to initiating any legal proceedings, the parties agree to engage in good faith negotiations to resolve any disputes. If the dispute cannot be resolved through negotiation, you agree that the exclusive venue for such proceedings will be only in the courts of New Zealand, and you waive any right to claim that New Zealand is an inconvenient forum to hear such disputes.

13. Changes to Terms 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Updated Terms will be announced prior to coming into effect. By continuing to access or use Proposi after those revisions become effective, you agree to be bound by the revised terms.

14. Service Availability and Downtime

a. Availability: Faraway Tech Limited strives to maintain the availability of Proposi, aiming for continuous operation. However, we cannot guarantee that the service will always be available, uninterrupted, or error-free. We reserve the right to suspend access to the service for any reason including scheduled maintenance, emergency repairs, or due to the failure of telecommunications links and equipment beyond our control.

b. Scheduled Downtime: We will make reasonable efforts to conduct maintenance activities during off-peak hours and provide advance notice of any scheduled downtime.

c. Emergency Maintenance and Downtime: In the event of unforeseen circumstances or emergencies, access to the services may be temporarily suspended without prior notice. We will do our best to restore access as quickly as possible.

d. Limitation of Liability: Faraway Tech Limited shall not be liable for any loss, damage, or inconvenience caused by the inability to access or use Proposi during downtime or service interruptions. Your use of the service signifies your agreement that the risk of service interruption is assumed by you and that Faraway Tech Limited is not obligated to provide any refunds, benefits, or compensation of any kind for scheduled or unscheduled downtime.

e. User Responsibilities: Users are responsible for ensuring that their data is backed up and that they have contingency plans in place to minimise any disruptions caused by service unavailability.

15. Usage Limits 

a. Faraway Tech Limited strives for fairness and optimum performance for all our users. We operate on a principle of "Fair Usage," which allows us to maintain service quality and manage our resources efficiently. Usage will continuously be monitored without strict caps on calls or data; however, if usage appears excessive to the point where it may impact service for other users, Faraway Tech may intervene. This could result in a reduction of quality, service speed or a temporary pause in service delivery. Those who reach the threshold of fair usage will be informed and may be provided with options to enhance their access, including purchasing additional data processing or upgrading their service plan. This ensures that all users have continuous and fair access to our services, while also allowing flexibility to meet individual needs.

d. Adjustment of Limits: Faraway Tech Limited reserves the right to adjust usage limits based on operational needs, changes in user engagement, and other relevant factors. All changes will be communicated to users as soon as possible through official communications and updates to these Terms and Conditions. 

16. Financial Information

a. Collection of Financial Information: We collect financial information necessary to process transactions when you purchase services or products from Faraway Tech. This may include your credit card number, expiration date, billing address, and verification codes or related information.

b. Use of Financial Information: Your financial information is used solely for billing and payment purposes, including the processing of transactions and the collection of fees owed to us. We may also use this information for the resolution of billing disputes and enforcement of agreements.

c. Protection of Financial Information: Faraway Tech Limited employs robust security measures to protect your financial information. This includes the use of encryption technology during data transmission and restricted access protocols within our organisation. Our payment processors, who are required to adhere to the Payment Card Industry Data Security Standard (PCI DSS), further secure your information.

d. Sharing of Financial Information: We do not sell or rent your financial information to third parties. However, your financial information may be shared with our service providers involved in processing payments, such as payment gateways and processors, to the extent necessary to facilitate transactions. These entities are bound by strict confidentiality and data security provisions.

e. Retention of Financial Information: Financial information is retained only for as long as necessary to fulfil the stated purposes, including compliance with our legal obligations (e.g., tax laws, transaction auditing, and dispute resolutions).

f. Your Rights and Choices: You have the right to access, correct, or request the deletion of your financial information. If you wish to exercise these rights or have concerns about your financial information's security, please contact us at info@proposi.co.nz.

17. Contact Information 

For any questions or inquiries regarding these Terms, please contact us at info@proposi.co.nz.

18. Effective Date 

These Terms are effective as of 1 May 2024.

Free Beta Version

1. Access to Beta Version

Faraway Tech Limited may offer a free beta version of Proposi to selected users for a limited time. Access to this beta version is granted solely at the discretion of Faraway Tech Limited and may be subject to additional terms, which will be provided prior to access.

2. No Charge

The beta version is provided at no cost to you. Please note that this version is a pre-release and may not be fully functional, and it may contain bugs, errors, or other issues that could affect its performance and reliability.

3. Feedback

Your feedback on the beta version is invaluable. You are encouraged to provide honest feedback regarding functionality, usability, or any issues encountered. Such feedback may be used by Faraway Tech Limited to improve Proposi. By providing feedback, you grant Faraway Tech an irrevocable, perpetual, royalty-free licence to use your suggestions. Feedback must not be shared or posted in public domains without the explicit written consent of Faraway Tech.

4. Disclaimer of Warranty

The beta version of Proposi is provided on an "AS IS" and "AS AVAILABLE" basis. Faraway Tech Limited expressly disclaims all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

5. Limitation of Liability

Faraway Tech Limited shall not be liable for any damages that may occur from your use of the beta version, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

6. Duration and Support

The beta phase will last until withdrawn. Updates and support for the beta version will be limited and provided at Faraway Tech Limited's discretion.

7. Data Handling

Any data created or processed by you during the beta phase will be handled in accordance with our Privacy Policy. You acknowledge that beta versions may be less secure than the fully released version and agree to take appropriate measures to safeguard your data.

8. Fair Use of Beta Version

a. Purpose: The beta version of Proposi is provided for the purposes of testing under real-world conditions and gathering user feedback. This clause is intended to ensure that all beta testers use the software responsibly and in a manner that facilitates productive feedback and development.

b. Acceptable Use: You are permitted to use the beta version within the scope of normal use for testing and evaluative purposes. You should use the software as intended and only within the bounds of the functionalities provided.

9. Prohibited Uses

a. No Overload: You shall not use the beta version in a manner that imposes an unreasonably or disproportionately large load on our servers or infrastructure.

b. No Benchmarking: You are prohibited from using the beta version for benchmarking or for conducting any form of performance testing that may be used for a competitive purpose, including the publication or sharing of performance metrics.

c. No Reverse Engineering: You must not attempt to reverse engineer, decompile, or otherwise disassemble the beta version, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

d. No Redistribution: The beta version shall not be copied, sold, redistributed, or used as a basis for creating derivative works other than as expressly permitted in writing by Faraway Tech Limited.

10. Compliance Monitoring

Faraway Tech Limited reserves the right to monitor compliance with these terms and the overall usage of the beta version to ensure quality, improve software, and verify fair use.

11. Remedies for Misuse

In the event of misuse of the beta version as determined by Faraway Tech Limited in its sole discretion, we may limit or terminate your access to the beta version and pursue other legal or equitable remedies. This may include immediate suspension of your account if the misuse poses a security risk or significantly hampers our ability to provide services to other users.

12. Feedback Requirement

As part of using the beta version, you are requested to provide timely feedback to Faraway Tech regarding your experiences, including reporting any bugs, errors, or performance issues. This feedback is crucial in allowing us to improve the final release of the software.

 13. Effective Date 

These Terms are effective as of 1 May 2024.

Privacy Policy for Proposi

1. Introduction

Welcome to Proposi, provided by Faraway Tech Limited ("we", "us", or "our"). We are committed to protecting your privacy and handling your personal information with care and respect. This privacy policy outlines how we collect, use, store, and disclose your personal data when you use our software and services (collectively, "Services").

2. Information We Collect

a. Personal Information: This includes but is not limited to your name, email address, phone number, and any other information that can personally identify you that you voluntarily provide when you register or interact with our Services.

b. Usage Data: We automatically collect information on how you use our services, including your interactions with the software, IP address, browser type, device information, and the pages or features you access.

c. Cookies and Tracking Technologies: We use cookies, beacons, tags, and other tracking technologies to improve your experience, increase security, measure use and effectiveness of our Services.

3. How We Use Your Information

a. To Provide Services: Your information helps us to effectively deliver and improve our Services, process transactions, and respond to your requests.

b. Communication: We use your information to communicate with you about our Services, including updates, security alerts, and account notifications.

c. Marketing: We may use your information to contact you about new products, Services, and offers that we think you might find valuable.

d. Legal Compliance: We may use your information to comply with applicable laws, respond to lawful requests and legal processes.

4. Sharing Your Information

a. Service Providers: We share information with third-party service providers who perform services on our behalf, including AI services, marketing, analysis, payment processing, and customer service.

b. Partners: We may share your information with our partners in connection with services that these individuals or entities perform for, or with, Faraway Tech Limited.

c. Legal Obligations: We may disclose your information if required by law or if we believe it is necessary to protect the rights, property, or safety of Faraway Tech Limited, our customers, or others.

d. Business Transfers: In the event of a merger, acquisition, or sale of assets of Faraway Tech, your information may be transferred as part of that transaction.

5. Data Security

We implement a variety of security measures designed to maintain the safety of your personal information. However, no security system is impenetrable, and we cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to us over the Internet.

6. International Data Transfers

Your information may be transferred to—and maintained on—computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction.

7. Your Rights

You may have the right to access, update, or delete the information we have on you. If you wish to explore or exercise these rights, please contact us at info@proposi.co.nz

8. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you and post the new Privacy Policy on this page and update the effective date.

9. Contact Us

If you have any questions about this Privacy Policy, please contact us at info@proposi.co.nz.

10. Effective Date 

These Terms are effective as of 1 May 2024.