# Assessment Buddy - Terms and Conditions
**Last Updated:** 2025-04-23
Welcome to Assessment Buddy! These Terms and Conditions ("Terms") govern your access to and use of the Assessment Buddy software-as-a-service platform, including the website and mobile applications (collectively, the "Service"), provided by Jovansoft Limited, a company registered in New Zealand ("Company", "we", "us", or "our").
**PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.**
If you are using the Service on behalf of an organization or entity ("Organization"), then you are agreeing to these Terms on behalf of that Organization, and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, "you" and "your" refers to you and that Organization.
**1. Description of Service**
Assessment Buddy provides a platform for capturing data (including text and images) for assessments and inspections (e.g., risk assessments, asset evaluations). The Service utilizes Artificial Intelligence (AI) to assist with content generation during data capture and to generate reports based on the captured data, which can be shared electronically. The Service is accessible via web and mobile interfaces.
**2. Eligibility and Accounts**
* **Registration:** To use most features of the Service, you must register for an account using your email address and creating a password. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
* **Account Security:** You are responsible for safeguarding your password and any other credentials used to access your account. You are responsible for all activities that occur under your account, whether or not you know about them. You must notify us immediately at info@assessmentbuddy.com of any unauthorized use of your account.
* **User Roles:** The Service may offer different user roles (e.g., default users, administrators). Your permitted level of access and functionality will depend on your assigned role, typically managed by an Organization's administrator.
* **Age:** While primarily intended for professional use, you must be legally capable of entering into binding contracts in your jurisdiction to use the Service.
**3. Subscriptions and Payment**
* **Free Trial:** We may offer a limited free trial, allowing for one (1) assessment to test the features of the Service.
* **Paid Subscriptions:** Access to full functionality requires a paid subscription ("Subscription"). We offer tiered monthly Subscription plans (e.g., Starter, Basic, Premium) which grant the right to conduct a specific number of assessments per monthly billing cycle. Details of current plans and pricing are available on our website or within the Service.
* **Enterprise Plans:** Custom enterprise plans may be available upon request by contacting us directly.
* **Billing:** Subscriptions are billed in advance on a recurring monthly basis. You authorize us (or our third-party payment processor) to charge your chosen payment method for the recurring Subscription fees.
* **Payment Information:** You must provide current, complete, and accurate payment and billing information. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date).
* **Non-Payment:** If we are unable to charge your payment method for any reason (such as expiration or insufficient funds), your Subscription will not renew at the end of the current billing period. You will lose the ability to create new assessments until payment is successfully processed. Access to existing data may also be restricted.
* **Cancellation:** You can cancel your Subscription at any time through your account settings or by contacting us. Cancellation will be effective at the end of the current billing period. You may continue to use the assessments allocated under your paid Subscription until the end of that period. No refunds or credits will be provided for partial months of service or unused assessments upon cancellation, except as required by law or as explicitly stated by our payment processor's policy.
* **Refunds:** Refunds are generally not provided. Any refunds will be handled in accordance with the terms and conditions of the third-party payment processor used at the time of purchase. Please refer to their specific refund policy.
* **Price Changes:** We reserve the right to change Subscription fees upon reasonable prior notice. Price changes will take effect at the start of the next subscription period following the date of the price change. Your continued use of the Service after the price change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
**4. Use of the Service**
* **License Grant:** Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business or personal assessment purposes during the term of your valid Subscription.
* **Acceptable Use:** You agree not to use the Service:
* For any unlawful purpose or in violation of any local, state, national, or international law.
* To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
* To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
* To submit false or misleading information.
* To upload or transmit viruses, worms, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.
* To collect or track the personal information of others without their consent.
* To spam, phish, pharm, pretext, spider, crawl, or scrape.
* For any obscene or immoral purpose.
* To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
* To attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service.
* **AI Features:** The Service includes features utilizing artificial intelligence.
* AI-generated content (text suggestions, report elements) are provided for assistance only. You are solely responsible for reviewing, editing, and verifying the accuracy, completeness, and appropriateness of all content, including AI-generated content, before relying on it or sharing it.
* We do not guarantee the accuracy, reliability, or suitability of AI-generated content. You use AI features at your own risk.
* Your inputs to AI features may be processed by third-party AI models. While we aim for confidentiality, please refer to our Privacy Policy for details on data handling related to AI features.
**5. User Content and Data**
* **Your Content:** You retain ownership of the data, text, images, location information, and other content you create, upload, or store using the Service ("User Content").
* **License to Us:** You grant Jovansoft Limited a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content solely to the extent necessary to provide, maintain, secure, and improve the Service, and as permitted by our Privacy Policy. This includes storing your data, processing it through AI models (as applicable), and generating reports as directed by you.
* **Responsibility:** You are solely responsible for your User Content, including its legality, reliability, accuracy, and appropriateness. You represent and warrant that you have all necessary rights to grant us the license above and that your User Content does not violate any third-party rights or applicable laws.
* **Data Privacy:** Our collection and use of personal information in connection with the Service is described in our Privacy Policy \[**Insert Link to Privacy Policy Here - VERY IMPORTANT**]. By using the Service, you agree to the collection and use of information in accordance with the Privacy Policy.
* **Aggregated Data:** You agree that we may collect, use, and disclose aggregated and anonymised data derived from your use of the Service for analytics, service improvement, industry analysis, benchmarking, and other business purposes, provided such data does not identify you or your Organisation.
* **Confidentiality:** We will treat your User Content as confidential information and use reasonable security measures to protect it. However, certain data (like email addresses for sharing reports or data processed by AI models) may be handled as described in our Privacy Policy.
**6. Intellectual Property**
* **Our IP:** The Service, including its software, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), AI models (as developed by us), documentation, and all other elements of the Service ("Materials") are owned by Jovansoft Limited or our licensors and are protected by intellectual property laws. You agree not to copy, modify, distribute, sell, or lease any part of our Service or Materials.
* **Trademarks:** "Assessment Buddy", the Assessment Buddy logo, and any other product or service names or slogans displayed on the Service are trademarks of Jovansoft Limited or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Jovansoft Limited or the applicable trademark holder.
* **Feedback:** If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free right to use such Feedback for any purpose without any obligation or compensation to you.
**7. Service Availability and Downtime**
* **Availability:** We will use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for: (a) planned downtime (for which we will attempt to give reasonable notice, e.g., via email or in-app notification, and schedule to the extent practicable during low-usage hours), and (b) any unavailability caused by circumstances beyond our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving our employees), Internet service provider failure or delay, Non-Jovansoft Limited application failure, denial of service attack, or failure of underlying infrastructure (e.g., cloud hosting providers like GCP or Firebase).
* **No Guarantee:** We do not guarantee that the Service will be uninterrupted or error-free.
**8. Termination**
* **Termination by You:** You may terminate these Terms at any time by cancelling your Subscription and ceasing all use of the Service. Upon termination, certain data associated with your account may be deleted, subject to our data retention policies and any legal obligations. Data essential for system integrity or required for legal/audit purposes may be retained as outlined in our Privacy Policy.
* **Termination by Us:** We may suspend or terminate your access to the Service, or terminate these Terms, at any time and for any reason, including, but not limited to:
* If you breach any material provision of these Terms.
* If you fail to pay Subscription fees when due.
* If your use of the Service poses a security risk to us or any third party.
* If required by law or requested by law enforcement or government agencies.
* If we discontinue the Service.
We will make reasonable efforts to notify you prior to termination, unless the circumstances require immediate termination (e.g., severe security risk or illegal activity).
* **Effect of Termination:** Upon termination, your right to access and use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
**9. Disclaimers**
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JOVANSOFT LIMITED AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE (INCLUDING AI-GENERATED CONTENT) WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
**10. Limitation of Liability**
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JOVANSOFT LIMITED OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (E) ANY CONTENT OBTAINED FROM THE SERVICE (INCLUDING AI-GENERATED CONTENT); OR (F) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER FOR THE SERVICE GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE, OR ONE HUNDRED NEW ZEALAND DOLLARS (NZD $100), WHICHEVER IS GREATER.
THE LIMITATIONS IN THIS SECTION APPLY WITH RESPECT TO ALL LEGAL THEORIES, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
**11. Indemnification**
You agree to defend, indemnify, and hold harmless Jovansoft Limited, its affiliates, licensors, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service (including reliance on AI-generated content).
**12. Governing Law and Dispute Resolution**
* **Governing Law:** These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law principles.
* **Dispute Resolution:** We encourage you to contact us first at info@assessmentbuddy.com to resolve any issues informally. If a dispute arises from or relates to these Terms or the Service that cannot be resolved through informal negotiation, the parties agree to the following process:
* **Mediation then Courts:** The parties agree to endeavor to settle the dispute by mediation administered by a mutually agreed-upon mediator in Auckland, New Zealand, before resorting to litigation. If mediation is unsuccessful, the parties agree that the courts located in Auckland, New Zealand shall have exclusive jurisdiction to resolve any dispute.
* **International Use:** The Service is controlled and operated from New Zealand. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations.
**13. Changes to Terms**
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice prior to any new terms taking effect (e.g., by email to the address associated with your account, or through an in-app notification). What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.
**14. General Provisions**
* **Entire Agreement:** These Terms, together with our Privacy Policy \[**Link Again Here**], constitute the entire agreement between you and Jovansoft Limited regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
* **Severability:** If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
* **Waiver:** No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
* **Assignment:** You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without restriction.
* **Notices:** Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
**15. Contact Information**
If you have any questions about these Terms, please contact us at: info@assessmentbuddy.com