Effective November 1, 2022 [See also Te Hiku Media Kaitiakitanga License and Privacy Policy] Kia ora, thank you for your interest in Te Reo Irirangi Māori o Te Hiku o Te Ika’s (“Te Hiku Media” “we,” or “us”) and our Kaituhi software, along with our website at kaituhi.nz, along with our related networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Te Hiku Media regarding your use of the Service. As used herein, “you” or “your” means any entity, university, Organisation, or company accessing or using the Service (“Organisation”) as well as any individual end user accessing and using the Service, as applicable and hereby agreeing to these Terms. PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “I ACCEPT,” OR BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING TE HIKU MEDIA’S PRIVACY POLICY AND KAITIAKITANGA LICENSE (TOGETHER, THESE “TERMS”). IF YOU DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND TE HIKU MEDIA’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY TE HIKU MEDIA AND BY YOU TO BE BOUND BY THESE TERMS. 1. Kaituhi Service Overview. The Service enables users to transform recorded audio into a transcription that can be searched, shared and annotated. This subscription-based paid version of the Service may require you to pay fees (the “Paid Service”). 2. Accounts and Registration. 2.1 General. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, phone number, or other contact information. If you wish to designate individual users to access and use the Service under your account (such users, “Authorised Users”), you may also be required to provide us with some information about such Authorised Users. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times, and that you have all necessary rights and approvals to provide such information. When you register, you will be asked to provide a password. You are responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at awhina@kaituhi.nz. 2.2 Authorised Users. a. You are responsible for: (i) identifying and authenticating all of your Authorised Users (ii) approving access by your Authorised Users to the Service and designating appropriate access controls in connection with your account, (iii) controlling against unauthorised access by your Authorised Users, and (iv) all activities that occur under your Authorised Users’ usernames, passwords or accounts as a result of your Authorised Users’ access and use of the Service. b. If you received your credentials to access and use the Service (including certain features thereof) from your Organisation or otherwise are accessing the Service under your Organisation’s account, you acknowledge and agree that your access to the Service as provided by your Organisation is subject to the agreement between Te Hiku Media and your Organisation with respect to the Service. You also acknowledge that your Organisation may terminate the access to the Service that they provide to you at any time. Te Hiku Media will have no liability to you in connection with any such removal or termination. c. If the domain of the email address associated with your account is owned by an Organisation and was assigned to you as an employee, contractor or member of the Organisation (such as yourname@youremployer.com), you acknowledge and agree that we may identify your account to the Organisation, migrate your account to the Organisation’s account, and/or restrict or terminate access to your account. Te Hiku Media will have no liability to you in connection with any such disclosure, restriction, or termination. d. If you join a Kaituhi Business or Kaituhi Enterprise account, you must use it in compliance with your organisation’s terms and policies. Please note that Kaituhi Business and Kaituhi Enterprise accounts are subject to your Organisation’s control. Your administrators may be able to access, disclose, restrict, or remove information in or from your Kaituhi Business or Kaituhi Enterprise account. They may also be able to restrict or terminate your access to a Kaituhi Business or Kaituhi Enterprise account. If you convert an existing Kaituhi Individual account into part of a Kaituhi Business or Kaituhi Enterprise account, your administrators may prevent you from later disassociating your account from the Kaituhi Business or Kaituhi Enterprise account. 3. General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have the opportunity to review and accept the fees that you will be charged. All fees are in New Zealand Dollars and are non-refundable. 3.1 Price. Te Hiku Media reserves the right to determine pricing for the Service. Te Hiku Media will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Te Hiku Media may change the fees for any feature of the Service, including additional fees or charges if Te Hiku Media gives you advance notice of changes before they apply. Te Hiku Media, at its sole discretion, may make promotional offers with different features and different pricing to any of Te Hiku Media’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. 3.2 Authorisation. You authorise Te Hiku Media and its third-party payment processors to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Te Hiku Media, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Te Hiku Media or its third-party payment processors may seek pre-authorisation of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. At its discretion, Te Hiku Media may allow an organisation to purchase the Service by issuing an invoice for payment that must be settled within 30 days of issuance. 3.3 Subscription Service. a. General. The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorise Te Hiku Media or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums, including all accrued sums for your Authorised Users. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For more information on the “Subscription Fee”, please see https://kaituhi.nz/pricing. Your account will be charged automatically on the Subscription Billing Date for all applicable fees and taxes for the next subscription period, which may be one month or one year depending on the selection you make on your account (such period, the “Initial Subscription Period”). At the end of the Initial Subscription Period, your subscription will automatically renew for a period equal to the Initial Subscription Period (such renewal period, the “Renewal Subscription Period”), unless you cancel your subscription or we terminate it. If you may add additional users to Teams accounts throughout the Subscription Period you will be charged a pro-rata fee for the time remaining to the renewal period. If you disable users to Teams or do not allocate users to a purchased Team user seat you will earn a corresponding pro-rata credit for the unused portion of the Subscription Period that may be applied to your fee for the subsequent Renewal Subscription Period. You must cancel your subscription before it renews in order to avoid billing the next periodic Subscription Fee to your account. Te Hiku Media or its third-party payment processor will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service in the settings page for your account at Te Hiku Media if you signed up directly via our website by contacting us at awhina@kaituhi.nz. 4.4 Delinquent Accounts. Te Hiku Media may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any sums are due but unpaid. Without limiting the generality of the foregoing, if you have been provided access to the Service (including certain features thereof) via your Organisation and your Organisation has not paid all sums due, we may suspend or terminate your access to the Service. In addition to the amount due for the Service, a delinquent account may be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. 5. Licences 5.1 Limited Licence. Subject to your complete and ongoing compliance with these Terms, Te Hiku Media grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to (a) access and use the Service. 5.2 Licence Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism; (d) access or use the service in violation of the Kaitiakitanga License; (e) access or use the Service in violation of any usage restrictions or other limitations associated with the level of Service you (or your Organisation) have selected to access and purchased, if applicable. If you are prohibited under applicable law from using the Service, you may not use it. 5.3 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Te Hiku Media an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. 6. Ownership; Proprietary Rights. The Service is owned and operated by Te Hiku Media. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Te Hiku Media are protected by intellectual property and other laws. All Materials included in the Service are the property of Te Hiku Media or its third-party licensors. Except as expressly authorised by Te Hiku Media, you may not make use of the Materials. Te Hiku Media reserves all rights to the Materials not granted expressly in these Terms. 7. User Content 7.1 User Content Generally. Certain features of the Service may permit users to upload content to the Service, including voice recordings, audio recordings, data, text, photographs, and other types of works (“User Content”), and to otherwise publish User Content on the Service. As between you and Te Hiku Media, you retain any copyright, kaitiaki, and other proprietary rights that you may hold in the User Content that you post to the Service. See the Kaitiakitanga License for more information about how we protect your data. 7.2 Voice Recordings. The Service may provide a feature that allows you to record individual conversations and/or upload recorded conversations. The laws regarding the notice and notification requirements of such recorded conversations vary by location. You acknowledge and agree that you are solely responsible for providing any notices to, and obtaining consent from, individuals in connection with any recordings as required under applicable law. 7.3 Limited License Grant to Te Hiku Media. The customer retains all ownership rights to the User Content processed using the service. You grant Te Hiku Media a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, export, process, transform, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed in a manner that is under your control. Customers may delete User Content from their accounts. Once it has been deleted from the user account by direct action by the user, no record of the User Content is retained and the User Content cannot be recreated by the service. 7.4 License Grant to Users. By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access, use, modify and distribute that User Content as permitted by these Terms and the functionality of the Service. 7.5 Access to User Content and Results. Te Hiku Media may permit you to share certain User Content or the results of processing User Content with other users of the Service, share User Content or the results of processing User Content outside of the Service, or even make certain User Content or the results of processing User Content public for all (even non-Service users) to view. You acknowledge and agree that, although Te Hiku Media may provide certain features intended to allow you to restrict access to some User Content you create from others, Te Hiku Media does not guarantee that such User Content or any results of processing User Content will never be accessible by others when you share the User Content or any results of processing User Content. To the fullest extent permitted by law, Te Hiku Media is not responsible for the use of any User Content or the results of processing User Content by users or non-users of the Service or any third parties. 7.6 User Content Representations and Warranties. Te Hiku Media disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that: a. you are the creator and owner of the User Content or have the necessary licenses, rights, consents, and permissions to authorize Te Hiku Media and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Te Hiku Media, the Service, and these Terms; b. your User Content, and the use of your User Content as contemplated by these Terms, do not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Te Hiku Media to violate any law or regulation; and c. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. 7.7 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. Te Hiku Media may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive and do waive, any legal or equitable right or remedy you have or may have against Te Hiku Media with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Te Hiku Media does not permit copyright-infringing activities on the Service. 7.8 Monitoring Content. Te Hiku Media does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. Te Hiku Media is not responsible for the use of any User Content by users or any third parties. You acknowledge and agree that Te Hiku Media reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Te Hiku Media chooses to monitor the content, Te Hiku Media still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. 7.9 Machine Learning. Te Hiku Media shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Service and related systems and technologies (“Usage Data”) in accordance with the Kaitiakitanga License. The Service may be implemented using machine learning systems with features and implementations designed to generate statistics, calibrate data models, and improve algorithms in the course of processing User Content and Usage Data (“Machine Learning”). Nothing in these Terms prohibits Te Hiku Media from using such Machine Learning for testing, tuning, optimizing, validating, or otherwise enhancing the analytics, models, or algorithms underlying the Service. Nothing in these Terms gives you any rights in or to any part of the Service or the Machine Learning generated by Te Hiku Media or the Machine Learning generated in the course of providing the Service. 8. Communications. 8.1 Email. We may send you emails in the course of delivering the service to notify you when User Content has been processed, shared with you or for other operational purposes. We may also send emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in the promotional email itself. 9. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO: a. use the Service for any illegal purpose or in violation of any local, state, national, or international law; b. use the Service or any portion thereof for the direct or indirect benefit of any third parties; c. use the Service in connection with any direct or indirect commercial purposes, including in connection with any paid transcription workflow or as a value-added component of a commercial product or service; d. harass, threaten, demean, embarrass, or otherwise harm any other user of the Service; e. violate, or encourage others to violate, any right of a third party (including by act or omission), including by infringing or misappropriating any third party intellectual property or proprietary right; f. interfere with security-related features of the Service, including by (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; g. interfere with the operation of the Service or any user’s enjoyment of the Service, including by (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service; h. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; i. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; j. use the Service to collect, generate, or build te reo Māori data and use that data to train natural language processing models such as speech recognition; or k. attempt to do any of the acts described in this Section 11 or assist or permit any person in engaging in any of the acts described in this Section 11. 10. Term, Termination and Modification of the Service 10.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 14.2. 10.2 Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Te Hiku Media may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at awhina@kaituhi.nz. 10.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Te Hiku Media any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections [5.3, 6, 7, 10, 14.3, 16, 16, 17, 18, 19, and 20] will survive. 10.4 Modification of the Service. Te Hiku Media reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Te Hiku Media will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. 11. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Te Hiku Media and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Te Hiku Media Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) the nature of the content of Data processed by the Service; or (e) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of those claims. 12. Disclaimers; No Warranties THE SERVICE AND ALL MATERIALS AND CONTENT AND TRANSCRIPTIONS AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TE HIKU MEDIA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AND TRANSCRIPTIONS AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TE HIKU MEDIA DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE (OR YOUR ACCESS THERETO), OR ANY DATA, MATERIALS OR CONTENT OFFERED THROUGH OR PROCESSED BY THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND TE HIKU MEDIA DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. TE HIKU MEDIA IS NOT RESPONSIBLE FOR THE FAILURE TO STORE OR MAINTAIN ANY USER DATA, CONTENT OR TRANSCRIPTIONS, USER COMMUNICATIONS, ACCOUNT INFORMATION, OR PERSONAL SETTINGS. TE HIKU MEDIA MAKES NO WARRANTY ABOUT THE COMPLETENESS OR ACCURACY OF THE TRANSCRIPTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR TE HIKU MEDIA ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE TE HIKU MEDIA ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF, USE OR DISCLOSURE OF DATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Te Hiku Media does not disclaim any warranty or other right that Te Hiku Media is prohibited from disclaiming under applicable law. 13. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE TE HIKU MEDIA ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY TE HIKU MEDIA ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. EXCEPT AS PROVIDED IN SECTION 19.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE TE HIKU MEDIA ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO TE HIKU MEDIA FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 14. Privacy and Information Security 14.1 Privacy Policy. You acknowledge and agree that except as described in these Terms, any User Content, data, recordings, and information you enter into or upload to the Service or that we collect in connection with the Service (“Data”) will be processed as described in the Privacy Policy. Please read the Privacy Policy carefully. 14.2 Data. As between you and Te Hiku Media, Data that you enter into or upload to the Service is and will remain owned by you. You hereby grant Te Hiku Media the right to collect, process, transmit, store, use, and disclose Data to provide the Service and as otherwise set forth in these Terms, the Privacy Policy, and the Kaitiakitanga License. 14.3 Use of Aggregated Data. You acknowledge and agree that Te Hiku Media may collect, create, process, transmit, store, use, and disclose aggregated and/or deidentified data derived from Data or use of the Services (“Aggregated Data”) for its business purposes, including for machine learning and training, industry analysis, benchmarking, and analytics. All Aggregated Data will be in an aggregated and/or de-identified form only and will not identify you. Nothing in these Terms gives you any rights in or to any part of the Service or Aggregated Data. 14.4 Compliance. You are solely responsible (a) for Data as entered into, supplied, accessed, or used by you and (b) for complying with any privacy and data protection laws and regulations applicable to Data or your use of the Service. You represent and warrant that you have obtained and will maintain all rights, consents, and authorisations required to grant Te Hiku Media the rights and licenses set forth in Section 18 and to enable Te Hiku Media to exercise its rights under the same without violation or infringement of the rights of any third party. 14.5 Information Security. Te Hiku Media will employ commercially reasonable security measures designed to protect Data in its possession or control against unlawful or unauthorised access, use, alteration, or disclosure. 15. Disputes 15.1 Good faith negotiations: Before taking any Court action, you and Te Hiku Media (the "Party") must use your best efforts to resolve any dispute under, or in connection with, these Terms of Service through good faith negotiations. 15.2 Obligations continue: Each Party must, to the extent possible, continue to perform its obligations under these Terms of Service even if there is a dispute. 15.3 Right to seek relief: This clause does not affect either Party’s right to seek urgent interlocutory and/or injunctive relief. 16. Miscellaneous 16.1 General Terms. These Terms, together with the Privacy Policy, Kaitiakitanga License and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Te Hiku Media regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms, the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. 16.2 Governing Law. These Terms are governed by the laws of Aotearoa/New Zealand without regard to conflict of law principles. We operate the Service from our offices in Kaitaia, New Zealand and we make no representation that the Materials included in the Service are appropriate or available for use in other locations. 16.3 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into and made a part of, these Terms. 16.4 Consent to Electronic Communications. By using the Service, you consent to receive certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. 16.5 Change to Terms of Service. Te Hiku Media reserves the right to update the terms of service. Te Hiku Media will notify the Customer of any changes via electronic communication. Continued use of the service means the user accepts the terms. 16.6 Contact Information. The Service is offered by Te Reo Irirangi o Te Hiku o Te Ika Inc., trading as Te Hiku Media, located at 1 Melba Street, Level 2, Kaitaia. You may contact us by sending correspondence to that address or by emailing us at awhina@kaituhi.nz. 16.7 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.