Terms of Service

1.1. "Platform" means the SaaS application, website, and related services provided to assist with mortgage brokering workflows.

1.2. "User" (also referred to as "you" or "your") means any individual or entity that registers for or uses the Platform.

1.3. "Client" means the end consumer whose personal and financial data is entered into the Platform by the User.

1.4. "Content" means any data, information, or material submitted, uploaded, or processed through the Platform by the User, including Client data.

2.1. Access to the Platform is restricted to actively licensed and registered financial and mortgage advisers operating under the applicable laws of New Zealand, including the Financial Markets Conduct Act 2013.

2.2. By using the Platform, you warrant that you hold a valid financial adviser provider (FAP) license, or are engaged by a licensed FAP, and that you have all necessary authority to conduct mortgage brokering activities.

2.3. You must provide your valid license or registration number upon request. We reserve the right to suspend or terminate your access if we cannot verify your active license status.

3.1. You remain solely responsible for your compliance with all applicable laws, regulations, and professional standards in New Zealand.

3.2. You warrant that you have obtained all necessary, informed consents from your Clients before entering their personal or financial data into the Platform.

3.3. You must ensure that all Content provided to the Platform is accurate, complete, and legally obtained.

3.4. You are responsible for safeguarding your account credentials. You must immediately notify the Platform of any unauthorized access to your account.

4.1. The Platform is strictly a software tool and administrative aid designed to assist Users in preparing and submitting loan applications.

4.2. The Platform does not provide financial advice, credit assistance, or compliance endorsements to Users or Clients.

4.3. You acknowledge that you act as the sole financial adviser to your Clients. You are exclusively responsible for all financial advice, recommendations, and outcomes delivered to your Clients.

5.1. The Platform integrates artificial intelligence and machine learning technologies to assist with document processing, information extraction, and workflow automation.

5.2. AI outputs are probabilistic and non-deterministic. The Platform does not guarantee the accuracy, completeness, or reliability of AI-generated insights, categorizations, or text.

5.3. You are independently responsible for verifying all AI-assisted outputs, data extractions, and recommendations prior to finalizing any application or advising your Clients.

6.1. Your rights and the Platform's obligations regarding the collection, storage, and processing of personal data are governed by our Privacy Policy.

6.2. You grant the Platform a non-exclusive, worldwide, royalty-free license to host, copy, process, and securely transmit Content strictly as necessary to provide, maintain, and improve the Platform's services.

7.1. To the maximum extent permitted by New Zealand law, the Platform, its directors, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or professional negligence claims arising from your use of the Platform.

7.2. The Platform’s total aggregate liability for any claims relating to these Terms of Service or the use of the Platform is limited to the total access fees paid by you to the Platform in the twelve (12) months preceding the claim.

8.1. You agree to indemnify, defend, and hold harmless the Platform and its affiliates from any claims, losses, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from:

• your violation of these Terms of Service;
• your provision of financial advice to any Client;
• your failure to obtain required Client consents; or
• your breach of any New Zealand regulatory requirement or professional obligation.

9.1. The Platform is provided on an "as is" and "as available" basis.

9.2. While we strive to maintain high availability, we do not guarantee uninterrupted, secure, or error-free operation. We reserve the right to temporarily suspend access to perform maintenance, upgrades, or emergency repairs without liability.

10.1. We may suspend or terminate your access to the Platform immediately upon written notice if you breach these Terms of Service, lose your professional license, or engage in unlawful conduct.

10.2. You may terminate your account at any time by providing written notice or utilizing the cancellation tools within the Platform.

10.3. Upon termination, your right to use the Platform immediately ceases. Sections concerning limitation of liability, indemnification, no financial advice, and governing law will survive termination.

11.1. These Terms of Service are governed by and construed in accordance with the laws of New Zealand.

11.2. Any disputes arising from or relating to these Terms of Service or the Platform shall be subject to the exclusive jurisdiction of the courts of New Zealand.

12.1. We may modify these Terms of Service at any time. We will provide reasonable notice of any material changes via the Platform or by email.

12.2. By continuing to use the Platform after changes become effective, you agree to be bound by the revised Terms of Service.

13.1. Early Access: During any early access or beta period, the Platform may be provided free of charge. We will give at least 30 days' written notice before transitioning early access Users to a paid plan.

13.2. Subscription Fees: When paid plans are introduced, fees will be set out in the applicable order form or pricing page. All fees are stated in New Zealand dollars (NZD) and are exclusive of GST unless otherwise stated.

13.3. Billing Cycle: Subscriptions are billed in advance on a monthly or annual basis, as selected at the time of purchase. Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date.

13.4. Cancellation: You may cancel your subscription at any time through the Platform account settings or by written notice to support@twio.ai. Cancellation takes effect at the end of the current billing period. Access to the Platform continues until that date.

13.5. Refunds: Fees paid for a current billing period are non-refundable except where required by the Consumer Guarantees Act 1993 or other applicable New Zealand law. If we terminate your access without cause, we will refund any prepaid fees on a pro-rata basis for the unused portion of the billing period.

13.6. Non-payment: If payment is not received by the due date, we reserve the right to suspend access to the Platform after providing 7 days' written notice. Accounts suspended for non-payment for more than 30 days may be terminated and data deleted in accordance with our data retention policy.

For questions about these Terms of Service, please contact us:

Twio Technologies Ltd.
General enquiries: support@twio.ai
Privacy enquiries: privacy@twio.ai