These Terms and Conditions ("Terms") govern your access to and use of the Airclerk website, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Services.
1. About Airclerk
Airclerk Limited ("Airclerk", "we", "us", or "our") is a New Zealand-registered company providing software and AI-assisted tools to support insurance brokers and related professionals.
Role: Airclerk does not act as an insurer, insurance adviser, or broker.
No financial advice: Airclerk does not provide regulated financial advice within the meaning of the Financial Markets Conduct Act 2013 and is not a Financial Advice Provider (FAP). The Services do not constitute financial advice, a recommendation, or an opinion in relation to any insurance product or financial strategy.
2. Eligibility and account use
You may use the Services only if you:
- Are at least 18 years old
- Are authorised to act on behalf of a business or organisation where applicable
- Use the Services for lawful purposes only
You are responsible for maintaining the confidentiality of your account credentials and for all activity conducted under your account.
3. Nature of the Services
The Services are assistive tools only. You acknowledge and agree that:
Human-in-the-loop: You maintain a human-in-the-loop workflow and are strictly required to manually review, validate, and approve all outputs before they are shared with third parties or relied upon for insurance placements.
Professional responsibility: The Services do not replace professional judgement. You remain the system of record and are solely responsible for the accuracy, completeness, and suitability of any information submitted to insurers or other third parties.
No guarantee: Airclerk does not guarantee that any output will be accurate, complete, or result in the acceptance of an insurance risk by any insurer or underwriter.
4. Use of artificial intelligence
AI limitations: AI-generated outputs may contain errors, omissions, or unexpected outputs ("hallucinations"). You must independently verify all results before use.
Third-party dependency: The Services rely on third-party AI providers (for example, OpenAI or Anthropic). Airclerk is not responsible for temporary unavailability, degraded performance, or errors originating from these external services.
No model training: Airclerk does not train its own foundation models using customer data. Where available, Airclerk uses API configurations that disable the use of customer data for training by our third-party AI providers. You acknowledge that the terms and practices of third-party providers may change, and Airclerk will use reasonable efforts to maintain configurations that protect customer data from being used for model training.
5. Customer data and privacy
Privacy Policy: Our handling of personal information is governed by our Privacy Policy.
Authority: You confirm that you have lawful authority to provide any data submitted through the Services.
Compliance: Airclerk complies with the New Zealand Privacy Act 2020 and its Information Privacy Principles.
Cross-border disclosure: The Services rely on third-party infrastructure and AI providers located outside New Zealand, primarily in the United States. Airclerk takes reasonable steps to ensure that such providers are subject to privacy and security protections, including contractual safeguards such as data processing agreements and, where applicable, standard contractual clauses.
Subprocessors: Airclerk maintains a list of subprocessors used in the delivery of the Services, available via our Trust Centre or on request. We will provide reasonable advance notice before engaging a new subprocessor that processes customer data.
6. Acceptable use
You must not:
- Use the Services for any unlawful, misleading, or fraudulent purpose
- Submit data that you are not authorised to collect, use, or disclose
- Attempt to reverse engineer, disrupt, or compromise the Services
- Use the Services to provide regulated financial advice without proper authorisation
Airclerk may suspend or terminate access to the Services if this section is breached.
7. Intellectual property
Ownership: All intellectual property rights in the Services, including software, content, branding, and documentation, are owned by or licensed to Airclerk.
Customer reference: Unless you notify us otherwise in writing or via available account settings, you grant Airclerk a non-exclusive, royalty-free licence to use your business name and logo solely to identify you as a customer on our website or marketing materials.
8. Availability and changes
As an early-stage startup, the Services are provided on an "as is" and "as available" basis.
Changes to features: Features may change, be added, or be removed, and temporary outages may occur. We will provide at least 14 days' advance notice of material changes that may negatively affect your use of the Services, except where a shorter timeframe is required for security, legal, or operational reasons.
Notification: Notices of material changes will be sent to the email address associated with your account or posted within the Services.
9. Fees and subscriptions
Where fees apply:
- Pricing will be disclosed prior to purchase
- Fees are non-refundable unless required by law
- Prices may change with reasonable notice
Unless stated otherwise, fees are exclusive of applicable taxes, including GST.
10. Limitation of liability
To the maximum extent permitted by New Zealand law:
Exclusion of loss: Airclerk is not liable for any indirect, consequential, special, or economic loss, including loss of profit, data, or business opportunity.
Cap on liability: Airclerk's total liability arising out of or in connection with the Services is limited to the fees paid by you to Airclerk in the 12 months preceding the event giving rise to the claim.
Business use - contracting out: Where you are using the Services for business purposes, and to the extent permitted by law, you agree that the Consumer Guarantees Act 1993 and sections 9, 12A, and 13 of the Fair Trading Act 1986 do not apply, and that this allocation of risk is fair and reasonable.
11. Indemnity
You agree to indemnify and hold harmless Airclerk from any claim, loss, damage, or expense arising from:
- Your misuse of the Services
- Your breach of these Terms
- Your submission of data without proper authority
12. Governing law
These Terms are governed by the laws of New Zealand. The courts of New Zealand have exclusive jurisdiction.
13. Data retention and termination
During subscription: Customer data is retained for the duration of your subscription to enable delivery of the Services.
On termination: Following termination or expiry of your subscription, Airclerk will retain customer data for a period of 30 days to allow for data export or account reactivation. After this period, customer data will be deleted from our production systems within a reasonable timeframe, except where retention is required by law or for legitimate business purposes (such as billing records or dispute resolution).
Data export: You may request an export of your data at any time during your subscription or within 30 days of termination by contacting support@airclerk.ai.
Backup retention: Residual copies of data may persist in encrypted backups for a limited period in accordance with our backup retention policies, after which they will be automatically purged.
14. Contact
Airclerk Limited
Email: support@airclerk.ai
Website: https://www.airclerk.ai