Terms of Use

PrivyPilot End User License Agreement (EULA)

This End User License Agreement (“Agreement”) is a binding agreement between you (“End-User”) and PrivyPilot (“Licensor”, “We”, or “Us”). By downloading, installing, or using the PrivyPilot application (the “Licensed Application”), you agree to be bound by this Agreement.

1. Acknowledgement

You acknowledge that this Agreement is concluded between you and the Licensor only, and not with Apple Inc. (“Apple”). The Licensor, not Apple, is solely responsible for the Licensed Application and the content thereof. This Agreement provides usage rules that are not in conflict with the Apple Media Services Terms and Conditions.

2. Scope of License

The Licensor grants you a limited, non-exclusive, non-transferable, revocable license to use the Licensed Application on any Apple-branded Products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. This Licensed Application may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing.

3. “Lifetime” Foundation Membership & Subscriptions

If you purchase a “Lifetime” or “Foundation” membership (“Lifetime offer”), “Lifetime” is expressly defined as the operational lifetime of the Licensed Application version at the time of download, not the lifetime of the End-User and not for future versions.

a) We reserve the right to discontinue the version of the Licensed Application at the time of Lifetime offer, cease updates, or shut down operations at any time, at our sole discretion, without liability for refunds.

b) Lifetime access grants you access to the features available at the time of purchase and minor updates. We reserve the right to release future premium features, third-party LLM integrations, or modules that fall outside the scope of the original Lifetime purchase.

4. No Legal Advice

The Licensed Application utilises artificial intelligence to summarise, extract, and draft documents.

a) The Licensed Application is a drafting tool, not a substitute for professional legal counsel.

b) You are solely responsible for reviewing, verifying, and editing all AI-generated outputs, including “Contract Vitals,” extracted clauses, and negotiation drafts.

c) To the maximum extent permitted by law, the Licensor disclaims all liability for any damages, legal penalties, or financial losses resulting from errors, omissions, or inaccuracies in the AI-generated content.

5. AI Output Disclaimer and Limitation of Reliance

a) Probabilistic Technology: You acknowledge and agree that the Licensed Application utilizes probabilistic, on-device artificial intelligence (Large Language Models) to analyze documents, extract “Contract Vitals,” identify risks, and generate text. Because of the nature of artificial intelligence, outputs may be incomplete, inaccurate, out of context, or entirely fabricated (“hallucinations”), even when the application attempts to anchor outputs to specific verbatim quotes or page numbers.

b) Not Legal Advice: The Licensed Application is an informational drafting and analysis tool only; it is not a law firm, attorney, or substitute for professional legal counsel. No attorney-client relationship is created by your use of the Licensed Application. The outputs, including identified risks, explanations, and generated negotiation drafts, do not constitute legal advice, legal opinions, or professional recommendations.

c) Mandatory Independent Verification: You agree that you will not rely on the Licensed Application’s outputs to make legal, financial, or binding contractual decisions without independent verification. You assume full and sole responsibility for reading the original source documents and manually verifying the accuracy, completeness, and legal effect of any extracted clause, risk flag, or generated response before using or sending it.

d) Assumption of Risk: You use the Licensed Application entirely at your own risk. To the maximum extent permitted by applicable law, the Licensor strictly disclaims all liability for any direct, indirect, incidental, or consequential damages, legal penalties, unfavorable contract terms, lost disputes, or financial losses arising from your reliance on the Licensed Application. This includes, but is not limited to, liability for the AI failing to flag a harmful clause, misinterpreting contract language, or drafting a legally disadvantageous negotiation response.

e) NO LIABILITY FOR AI FAILURES: THIS COMPREHENSIVE LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, INCLUDING ANY ERRORS, HALLUCINATIONS, OMISSIONS, OR INACCURACIES IN THE AI-GENERATED “CONTRACT VITALS,” EXTRACTED CLAUSES, OR NEGOTIATION DRAFTS. THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Maintenance and Support

a) The Licensor is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in our Support Terms or as required under applicable law. You and the Licensor acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

b) Support Philosophy and Channels: PrivyPilot operates as an “as-is” self-serve application. Support is strictly limited to bug reporting and resolving critical application failures. We do not provide real-time, telephone, or prioritized legal-technical support. All support requests must be submitted via email to the contact address provided in Clause 14.

c) No Guaranteed Response Times: While we aim to review all bug reports, the Licensor does not guarantee any specific response time, resolution time, or uptime metric.

d) “Lifetime” Membership Support Limits: If you purchased a “Lifetime” or “Foundation” membership, you acknowledge that your one-time payment entitles you to access the software as it currently exists. It does not entitle you to:

i) Priority customer support;
ii) Mandatory feature requests or custom integrations;
iii) Support for issues arising from third-party operating system updates; or
iv) Continuous updates or support beyond the commercial lifespan of the product. The Licensor reserves the right to cease support and sunset the Licensed Application entirely at its sole discretion, at any time, and without liability.

7. Warranty

The Licensed Application is provided “AS IS” and “AS AVAILABLE” without warranties of any kind. The Licensor is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Licensor’s sole responsibility.

8. Product Claims, Limitation of Liability and Indemnification

a) You acknowledge that the Licensor, not Apple, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

b) LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR (ANNA ZAM / PRIVYPILOT), ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, ADVERSE LEGAL OUTCOMES, UNFAVORABLE CONTRACT NEGOTIATIONS, OR THE COST OF SUBSTITUTE GOODS OR SERVICES.

c) LIABILITY CAP: TO THE EXTENT ANY LIABILITY CANNOT BE LEGALLY EXCLUDED, IN NO EVENT SHALL THE LICENSOR’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE ACTUAL AMOUNT YOU PAID TO THE LICENSOR FOR THE LICENSED APPLICATION IN THE PREVIOUS 12 MONTHS GIVING RISE TO THE CLAIM.

d) INDEMNIFICATION: YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE LICENSOR, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, SETTLEMENTS, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (I) YOUR USE OR MISUSE OF THE LICENSED APPLICATION; (II) YOUR RELIANCE ON ANY AI-GENERATED OUTPUT, ANALYSIS, OR DRAFT PRODUCED BY THE APPLICATION; (III) ANY DECISION, CONTRACT, OR AGREEMENT YOU ENTER INTO BASED ON THE APPLICATION’S OUTPUTS; (IV) YOUR VIOLATION OF THIS AGREEMENT; OR (V) YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

9. Intellectual Property Rights

You acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of that Licensed Application infringes that third party’s intellectual property rights, the Licensor, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

10. Export Laws and Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

11. Third-Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using the Licensed Application.

12. Third-Party Beneficiary

You and the Licensor acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

13. Governing Law and Dispute Resolution

a) Governing Law: This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by and construed in accordance with the laws of New Zealand.

b) Business Use Exclusions: If you are downloading, accessing, or using the Licensed Application for the purposes of a business or in trade, you agree that it is fair and reasonable that the provisions of the New Zealand Consumer Guarantees Act 1993 and sections 9, 12A, 13, and 14(1) of the Fair Trading Act 1986 do not apply to this Agreement or your use of the Licensed Application, to the maximum extent permitted by law.

c) Informal Resolution: In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, you agree to first attempt to resolve the dispute in good faith by contacting the Licensor directly at the contact information provided below in clause 14. You agree to allow the Licensor at least ninety (90) days to resolve the issue before initiating any formal legal proceedings.

d) Exclusive Jurisdiction: If the dispute cannot be resolved through informal good-faith negotiations, you irrevocably submit to the exclusive jurisdiction of the courts of New Zealand, for the resolution of any formal legal proceedings.

14. Contact Information

Any questions, complaints, or claims with respect to the Licensed Application should be directed to:

PrivyPilot
1 Albert Street
Auckland, 1010
New Zealand

privypilotllc@gmail.com