Terms of Service

These Terms of Service (“Terms”) are an agreement between EGO HERO LIMITED, a New Zealand company (“IMO”, “we”, “us”), and you — the person or business accessing our websites (including imo.nz) or using the IMO platform and its AI virtual employees (together, the “Service”).

By using the Service, joining the waitlist, or creating an account, you accept these Terms. If you use the Service on behalf of a business, you confirm you have authority to bind that business, and “you” means that business. You must be at least 18 years old.

Business use. The Service is designed and supplied for business purposes. You acknowledge that you are acquiring the Service in trade for the purposes of a business.

IMO provides AI-powered “virtual employees” that can draft, manage and — where you configure it — autonomously carry out work across channels such as email, social media, phone, support and websites, using the instructions, content and integrations you provide.

The Service is under active development. Features may change or be withdrawn at any time, and some may be less reliable than the rest of the Service.

• Provide accurate account information and keep it up to date.
• Keep your credentials confidential. You are responsible for all activity under your account, including by your team members, unless caused by our breach of these Terms.
• Tell us promptly at support@imo.nz if you suspect unauthorised access.

“Customer Content” is everything you or your connected tools provide to the Service — messages, contacts, documents, knowledge items, instructions and similar material. You own your Customer Content. You grant us a worldwide, non-exclusive licence to host, copy, process and transmit it solely to provide and secure the Service and as otherwise permitted by our Privacy Policy.

You warrant that:

• you have all rights, consents and authority needed for us and our AI providers to process your Customer Content to provide the Service;
• your collection and our processing of any personal information in your Customer Content complies with applicable privacy law, including the New Zealand Privacy Act 2020 and, where applicable, the Australian Privacy Act 1988 — as between you and us, you are the accountable agency for personal information about your own customers and contacts, and we process it as your service provider on your instructions;
• you are entitled to connect each integration you connect, and your use of it through IMO complies with that provider’s terms.

The Service generates content and takes actions using artificial intelligence. AI outputs can be wrong: they may be inaccurate, incomplete, outdated, biased, fabricated (“hallucinations”) or unsuitable for your situation, even when they appear confident. We do not guarantee the accuracy, completeness, reliability or timeliness of any AI-generated output.

• You are responsible for reviewing outputs and for everything sent, published or actioned from your account.
• Autonomy settings you choose are instructions to us: anything the Service does within the autonomy level, channels and rules you configure is deemed authorised by you.
• Outputs are not professional advice. Nothing the Service produces is legal, financial, medical, tax or other professional advice, and no professional–client relationship is created. Features that review documents or flag risks (for example, contract review) produce flags for your own qualified advisers to assess — they are not a substitute for advice from a qualified professional.
• Do not rely on the Service for emergency, life-safety, or other high-risk uses.

What an employee reads out of your documents. When the Service reads a document, the dates, amounts and names it reports are what the AI proposed, shown with the page and the words it took them from wherever those can be found. A matching quotation means those words appear in your document — it does not mean the value or the reading of it is right. Anything we could not match, and anything in a scanned document, is marked for you to check. The Service can create drafts, dates and reminders inside your workspace from a readout before you have looked at it; nothing reaches anyone outside your workspace except through the approvals and autonomy settings described above. Read the original document before you rely on any term or date, and tell us about anything we got wrong.

The employees are software. Each has a name, a face and a role — and one of them, Hugo, is described as a legal assistant. That is a way of saying what he works on, not a claim about who he is: no employee is a lawyer, an accountant or a licensed adviser of any kind, none is a person, and nothing any of them produces is advice.

You must not, and must not allow anyone else to:

• use the Service to break any law, infringe anyone’s rights, or send deceptive, fraudulent or misleading communications;
• send unsolicited commercial electronic messages. You are the sender of messages the Service sends for you, and you must comply with the New Zealand Unsolicited Electronic Messages Act 2007 and the Australian Spam Act 2003 — including consent, accurate sender identification and a functional unsubscribe facility;
• upload or generate content that is unlawful, defamatory, harassing, or that you have no right to use;
• probe, disrupt or circumvent the security or fair operation of the Service, or access it by automated means other than the interfaces we provide;
• reverse engineer the Service except to the extent a law permits despite this clause;
• resell, sublicense or provide the Service to third parties as a service bureau without our written agreement;
• use the Service to build a competing product, or to develop or train a competing AI system.

We may suspend or limit the Service immediately if we reasonably believe your use breaches this section, harms the Service or others, or exposes us to liability, and will tell you when we do unless the law prevents it.

The Service connects to third-party platforms and tools you choose (for example email, calendar, social, messaging and CRM providers). Those services belong to their providers, under their own terms and privacy policies. We do not control them and are not responsible for them, for changes they make, or for their acts or omissions. If a provider restricts or revokes access, related features of the Service may stop working, and that is not a breach of these Terms.

• Paid plans are billed in advance at the prices and intervals shown when you subscribe. Prices are shown in New Zealand or Australian dollars, as you choose, and include GST.
• Plans may include usage allowances (an amount of AI-employee work per billing period, as described on the pricing page). Allowances reset each period and unused allowance does not roll over. We measure consumption using a reasonable, consistently applied methodology, which we may refine over time. When an allowance is exhausted, related tasks may pause until it resets or you add usage — we will not charge you for usage beyond your plan without your consent.
• Your plan renews automatically each billing period until cancelled. You can cancel at any time, effective at the end of the current period; amounts already paid are not refunded except as required by law or expressly stated by us.
• We may change prices or plan features with at least 30 days’ notice; changes take effect from your next renewal.
• If payment fails or is overdue, we may suspend the Service after notice until payment is made.
• Waitlist registration is free and does not create any obligation to supply or purchase.

New Zealand. You confirm you are acquiring the Service in trade for business purposes, and you agree that the Consumer Guarantees Act 1993 does not apply, and that it is fair and reasonable that the parties are bound by this exclusion. To the extent permitted by section 5D of the Fair Trading Act 1986, the parties (each being in trade) agree to contract out of sections 9, 12A and 13 of that Act in respect of matters covered by these Terms.

Australia. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where a guarantee applies and our liability may lawfully be limited, our liability for a failure relating to the Service is limited, at our option, to resupplying the Service or paying the cost of having it resupplied.

• We (and our licensors) own the Service — the platform, software, models, designs, personas, artwork, brand and documentation. No rights are granted to you except the right to use the Service under these Terms.
• Your Customer Content remains yours. As between you and us, and subject to payment of applicable fees, outputs the Service generates for you are yours to use. Because AI outputs are generated, similar or identical outputs may be produced for other customers, and we give no exclusivity in outputs.
• If you give us feedback or suggestions, we may use them without restriction or payment.

Each party must keep the other’s non-public information confidential and use it only as needed to perform under these Terms, except where disclosure is required by law or the information becomes public without breach. This clause does not limit our Privacy Policy, which governs personal information.

Our Privacy Policy explains how we handle personal information and forms part of these Terms. Where we process personal information contained in Customer Content, we do so as your service provider, on your instructions, and you are responsible for it as the accountable agency under applicable privacy law.

We aim to keep the Service available and performant, but we do not promise uninterrupted or error-free operation, and no service level is guaranteed unless we agree one with you in writing. We may maintain, update, improve or change the Service (including discontinuing features) at any time; if a change materially reduces the core Service you pay for, you may cancel and receive a pro-rata refund of prepaid fees for the remainder of your billing period, which is your sole remedy for such a change. Support is provided by email at support@imo.nz.

To the maximum extent permitted by law (and subject always to clause 9):

• the Service is provided “as is” and “as available”, and all warranties, conditions and guarantees not expressly stated in these Terms are excluded;
• neither party is liable for loss of profits, revenue, goodwill, data, or anticipated savings, or for indirect, incidental, special or consequential loss, however arising;
• our total aggregate liability arising out of or in connection with the Service or these Terms, whether in contract, tort (including negligence), equity, statute or otherwise, is limited to the greater of (a) the fees you paid us in the 12 months before the event giving rise to the claim, and (b) NZD $100;
• we are not liable for the content of communications you configure the Service to send, for decisions you make in reliance on outputs, or for third-party services and integrations;
• each party’s liability is reduced to the extent the other party’s acts or omissions contributed to the loss.

Nothing in these Terms excludes liability that cannot lawfully be excluded, including for fraud.

You indemnify us against liabilities, costs and losses (including reasonable legal costs) arising from third-party claims to the extent caused by: your Customer Content; communications sent through your configuration of the Service; your breach of clauses 4 (content warranties), 5 (AI outputs), 6 (acceptable use) or of applicable privacy, spam or consumer law; or your infringement of third-party rights. This indemnity does not apply to the extent the claim results from our breach of these Terms.

• These Terms apply while you use the Service. You may close your account at any time.
• Either party may terminate for material breach that is not remedied within 14 days of written notice, or immediately if remedy is impossible.
• We may also terminate or suspend free access (including waitlist and beta features) at any time.
• For 30 days after your paid account closes, you may export your Customer Content in a reasonable format on request; after that we may delete it, except copies retained under law or in routine encrypted backups for a limited period.
• Clauses which by their nature should survive (including 4, 5, 9–12, 14, 15, this clause and 18) survive termination.

We may update these Terms from time to time. For material changes we will give account holders reasonable advance notice by email or in the Service; other changes take effect when posted on this page with a new “last updated” date. If you keep using the Service after a change takes effect, you accept the updated Terms; if you do not agree, stop using the Service and cancel before the change applies to you.

• Governing law. These Terms are governed by New Zealand law, and the parties submit to the exclusive jurisdiction of the New Zealand courts. Mandatory consumer protections of your place of residence that apply despite this choice (such as the Australian Consumer Law) are not affected.
• Force majeure — neither party is liable for delay or failure caused by events beyond its reasonable control (excluding payment obligations).
• Assignment — you may not assign these Terms without our written consent (not to be unreasonably withheld); we may assign them to a related company or as part of a sale of our business, with notice to you.
• Notices — to us: support@imo.nz. To you: your account email. Notices are effective when sent, unless a bounce is received.
• Entire agreement — these Terms and the Privacy Policy are the entire agreement about the Service and replace prior discussions.
• Severability — if any provision is unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in force.
• No waiver — a failure to enforce a right is not a waiver of it.
• Relationship — nothing in these Terms creates a partnership, employment or agency relationship between you and us; “virtual employees” are software, not natural persons or employees of either party.

EGO HERO LIMITED (New Zealand) · Support: support@imo.nz · Privacy: privacy@imo.nz