1. INTRODUCTION AND ACCEPTANCE

1.1 Agreement Overview

These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and [Your Company Name], a company registered in New Zealand (Company Number: [Insert Number]) with its registered office at [Insert Address] ("Company," "we," "us," "our").

1.2 Service Description

We provide an AI-powered real-time speech coaching platform ("Platform," "Service") that offers:

- Real-time transcription and analysis of spoken content
- Live performance feedback on tone, pace, clarity, and filler words
- AI-driven coaching personas providing targeted feedback
- Comprehensive emotional, semantic, and structural speech analysis

1.3 Acceptance of Terms

By accessing, downloading, installing, or using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Platform.

1.4 Platform Availability

Our Platform is fully operational and commercially available. We strive to maintain high availability and reliability, though:

- Scheduled maintenance may occasionally be required
- Features may be updated or enhanced based on user feedback
- Service interruptions, while rare, may occur despite our best efforts
- We continuously improve our systems based on user input and technological advances

2. ELIGIBILITY AND REGISTRATION

2.1 Age Requirements

You must be at least 18 years of age to use this Platform. If you are under 18, you may only use the Platform with verifiable parental or guardian consent and supervision.

2.2 Account Registration

To access certain features, you must:

- Provide accurate, current, and complete registration information
- Maintain and promptly update your account information
- Keep your login credentials secure and confidential
- Notify us immediately of any unauthorized account access
- Accept responsibility for all activities under your account

2.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. We will never ask for your password via email or unsolicited communication.

3. AI SYSTEM DISCLOSURE AND TRANSPARENCY

3.1 AI-Generated Content Notice

**In compliance with EU AI Act requirements**, we inform you that:

- Our coaching feedback is generated by artificial intelligence systems
- AI-generated insights may contain errors, biases, or inaccuracies
- All AI interactions will be clearly labeled
- Deep learning models analyze your speech patterns and content

3.2 High-Risk AI System Classification

Under the EU AI Act, our Platform may be classified as a high-risk AI system as it relates to vocational training and performance evaluation. We maintain:

- Comprehensive technical documentation
- Quality management systems
- Human oversight mechanisms
- Regular bias audits and assessments

3.3 AI Limitations

Our AI coaching:

- Does not replace qualified human coaches or therapists
- Cannot guarantee specific outcomes (employment, speaking success, etc.)
- May reflect unintended biases despite our mitigation efforts
- Should be used as guidance, not definitive assessment

4. DATA PROTECTION AND PRIVACY

4.1 Compliance Framework

We comply with:

- New Zealand Privacy Act 2020
- EU General Data Protection Regulation (GDPR) where applicable
- EU AI Act requirements
- California Consumer Privacy Act (CCPA) for California residents

4.2 Personal Information Collection

We collect and process personal information in accordance with our Privacy Policy, including:

- Voice recordings and speech data
- Performance metrics and analytics
- Account and profile information
- Usage patterns and session data

4.3 Lawful Basis for Processing (GDPR)

We process your personal data based on:

- Consent: For voice recordings and AI analysis
- Contract: To provide our services
- Legitimate interests: For service improvement and security
- Legal obligations: To comply with applicable laws

4.4 Your Privacy Rights

You have the right to:

- Access your personal information
- Correct inaccurate data
- Request deletion ("right to be forgotten")
- Data portability
- Object to processing
- Withdraw consent at any time
- Lodge complaints with supervisory authorities

4.5 Data Security Measures

We implement:

- Industry-standard encryption (SSL/TLS)
- Access controls and authentication
- Regular security audits
- Incident response procedures
- Privacy by design principles

5. USER CONTENT AND INTELLECTUAL PROPERTY

5.1 Your Content

You retain all rights to:

- Your voice recordings
- Speech content you create
- Personal performance data
- Any materials you upload

5.2 License to Us

By using our Platform, you grant us a limited, non-exclusive, worldwide license to:

- Process your content for service delivery
- Generate anonymized insights for improvement
- Store content for your access
- Create aggregated, non-identifiable analytics

5.3 Our Intellectual Property

We own all rights to:

- The Platform's software, code, and architecture
- AI models and algorithms
- Coaching personas and methodologies
- User interface and design elements
- Our trademarks and branding

5.4 Feedback and Suggestions

Any feedback, suggestions, or ideas you provide become our property and may be used without compensation to you.

6. PROHIBITED USES

You agree NOT to:

- Reverse engineer, decompile, or attempt to extract our source code
- Use the Platform for illegal, harmful, or malicious purposes
- Upload content that violates others' rights or applicable laws
- Attempt to circumvent security measures
- Use automated systems or bots to access the Platform
- Harass, abuse, or harm other users
- Misrepresent your identity or affiliation
- Violate any applicable laws or regulations

7. INTERNATIONAL DATA TRANSFERS

7.1 Cross-Border Transfers

Your data may be transferred to and processed in countries other than New Zealand. We ensure appropriate safeguards through:

- Standard Contractual Clauses (EU)
- Adequacy decisions where applicable
- Technical and organizational measures
- Compliance with Privacy Act 2020 transfer requirements

7.2 Data Localization

Where required by law or upon request, we can provide data residency options for enterprise customers.

8. AI-SPECIFIC OBLIGATIONS

8.1 Algorithmic Transparency

Upon request, we will provide:

- General information about our AI system's logic
- Significance and envisaged consequences of processing
- Meaningful information about automated decision-making
- Your right to human review of AI decisions

8.2 Bias Mitigation

We commit to:

- Regular algorithmic audits
- Diverse training data sets
- Ongoing bias detection and correction
- Transparency about known limitations

8.3 Human Oversight

All AI-generated insights can be:

- Reviewed by human operators upon request
- Challenged or corrected by users
- Supplemented with human coaching (premium features)

9. PAYMENT TERMS

9.1 Subscription Plans

- Payments are processed in advance
- Billing cycles are monthly or annual
- Prices are in USD unless otherwise specified
- All fees are non-refundable except as required by law

9.2 Free Trial

- Limited-time free access may be offered
- No payment information required for basic trial
- Automatic conversion terms will be clearly disclosed

9.3 Changes to Pricing

We will provide 30 days' notice of any price increases for existing subscribers.

10. DISCLAIMERS AND LIMITATIONS OF LIABILITY

10.1 Service Disclaimer

The platform is provided 'As Is' and 'Is Available'. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infrindgement.

10.2 Liability Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

- We are not liable for indirect, incidental, or consequential damages
- Our total liability is limited to the amount you paid us in the last six months
- We are not responsible for third-party actions or platform failures

10.3 Consumer Rights

Nothing in these Terms excludes or limits:

- Rights under the NZ Consumer Guarantees Act 1993
- EU consumer protection rights
- Other mandatory statutory rights

11. INDEMNIFICATION

You agree to indemnify and hold harmless the Company, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

- Your breach of these Terms
- Your use of the Platform
- Your content or data
- Your violation of any rights of another party

12. PRIVACY AND DATA PROTECTION OFFICER

12.1 Privacy Officer Details

We have appointed a Privacy Officer who can be contacted at:

- Email: privacy@genexr.com
- Post: 11 Enterprise St, Birkenhead, Auckland, 0626, New Zealand

12.2 Supervisory Authority

For privacy complaints, you may contact:

- New Zealand: Office of the Privacy Commissioner
- EU: Your local Data Protection Authority
- UK: Information Commissioner's Office

13. DISPUTE RESOLUTION

13.1 Informal Resolution

We encourage users to contact us first to resolve disputes informally.

13.2 Formal Proceedings

If informal resolution fails:

- New Zealand law governs these Terms
- Disputes will be resolved in New Zealand courts
- Small claims may be brought in your local jurisdiction where permitted

14. TERMINATION

14.1 Your Right to Terminate

You may terminate your account at any time through account settings or by contacting support.

14.2 Our Right to Terminate

We may suspend or terminate your access if you:

- Breach these Terms
- Engage in fraudulent or illegal activity
- Abuse the Platform or other users

14.3 Effect of Termination

Upon termination:

- Your access will be disabled
- Unused subscription time is non-refundable
- We may delete your data after 30 days (except as legally required)
- You can request data export before termination

15. MODIFICATIONS TO TERMS

15.1 Right to Modify

We may update these Terms at any time. Material changes will be notified via:

- Email to registered users
- Platform notifications
- Website announcements

15.2 Acceptance of Changes

Continued use after notification constitutes acceptance of modified Terms.

16. ACCESSIBILITY

We strive to ensure our Platform is accessible to users with disabilities in compliance with:

- Web Content Accessibility Guidelines (WCAG) 2.1
- Applicable accessibility laws

17. SEVERABILITY

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

18. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any other referenced policies, constitute the entire agreement between you and the Company.

19. CONTACT INFORMATION

General Inquiries

Email: support@genexr.com

Legal/Privacy Matters

Email: legal@genexr.com

Mailing Address

GeneXR

11 Enterprise St,

Auckland, 0626

New Zealand

Privacy Officer

Email: privacy@genexr.com

By using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.**