DEEDREAMS LIMITED TERMS OF BUSINESS
1. THE AGREEMENT, ACCEPTANCE & B2B STATUS
1.1 Scope: These Terms of Business (Terms) govern the creative AI recalibration services (Services) provided by DeeDreams Limited (we, us, our) to the client named in the Client Intake Form (as defined below) (you, your).
1.2 Binding Nature: Acceptance of these Terms occurs upon the earlier of: (a) payment of the Activation Deposit (as defined in clause 3.1); (b) attendance at the Strategy Consultation (as defined in clause 2.4); or (c) signing and submission of the document titled B2B Client Intake Form that has been issued to you by us and references these Terms (Client Intake Form).
1.3 Statutory Contracting Out: The parties agree and represent that they are both "in trade" for the purposes of these Terms. To the maximum extent permitted by law:
The parties agree to contract out of the Consumer Guarantees Act 1993 and any other applicable consumer protection laws; and
For the purposes of Section 5D of the Fair Trading Act 1986, the parties agree to contract out of sections 9, 12A, and 13 of that Act.
The parties agree that these exclusions are fair and reasonable given the bespoke, technical, and artistic nature of AI-driven creative production and that both parties have had the opportunity to seek independent legal advice.
1.4 Marketing & Communication: You provide express consent to receive project updates and marketing via the email and Messenger details provided.
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2. SERVICE DELIVERY & "HITL" AUTHORSHIP DEFENCE
2.1 Human-in-the-Loop (HITL) Methodology: You acknowledge that our deliverables are not "AI-generated" in isolation but are produced using a proprietary HITL methodology. We maintain full narrative architecture, prompt engineering, and editorial curation over the output.
2.2 IP Evidence Trail: We maintain a strictly confidential "audit trail" of all creative arrangements (prompt histories, curation logs, and recording transcripts). This documentation serves as the primary evidence of human authorship.
2.3 Production Timeline: Our standard production window is five (5) to seven (7) business days from the date of Project Activation. Project Activation is strictly defined as the point when:
The Strategy Consultation is complete;
All raw brand assets have been received by us;
You have provided written confirmation (via email reply) of the project roadmap sent following the Strategy Consultation; AND
The 50% Activation Deposit is cleared in our account.
2.4 Strategy Session: A recorded 30-minute call during which we finalise your creative direction (Strategy Consultation) is the "Human-Led" anchor. We are not liable for subjective dissatisfaction if the final output aligns with the directions captured during this session.
2.5 Revisions: The fee covers one (1) round of minor revisions. Major changes to the original brief will be quoted as a new project.
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3. FEES, PAYMENT & "FINAL SALE"
3.1 Fees: You must pay the fees that apply to the package you select when completing the Client Intake Form (Fees) in accordance with this clause 3.
3.2 Activation Deposit: A non-refundable deposit of 50% of the Fees (Activation Deposit) is required to activate the project and secure GPU rendering capacity.
3.3 Final Payment: The remaining 50% of the Fees is due upon draft delivery. We will not release high-resolution, watermark-free assets until the final balance is cleared.
3.4 No Refunds: Due to the intensive GPU processing costs and bespoke nature of AI rendering, to the maximum extent permitted by law all sales are final. We do not offer refunds for "change of mind."
3.5 Taxes & Service Fees: All Fees are plus GST and a 3% office service fee.
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4. INTELLECTUAL PROPERTY & TRADEMARKS
4.1 Your Assets: You warrant you have all necessary rights to (a) provide us with all media that you provide to us (client-provided media) and (b) to allow us to use the client-provided media for the purposes of providing the Services, and you grant us a limited licence to the client-provided media for production purposes.
4.2 Our Deliverables: We assert authorship under Section 5(2)(a) Copyright Act. Upon full payment of the Fees, you receive a perpetual, non-exclusive licence to use the deliverables provided for the purposes of marketing your own business.
4.3 Trade mark Accuracy: You are responsible for ensuring brand names match trade mark filings. We are not liable for platform "locks" caused by your metadata errors.
4.5 Indemnity: You indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any actual or alleged claim by a third party that any client-provided media, our use of any client-provided media in accordance with these Terms, or any elements of our deliverables derived from the client-provided media, infringes the rights of that third party (including intellectual property rights and privacy rights) or that the client-provided media is incorrect, misleading, objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.
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5. CONFIDENTIALITY
5.1 Definition: In this clause, Confidential Information means any information that is not public knowledge and which is obtained from the other party in the course of, or in connection with, the provision of the Services. Our Confidential Information includes Intellectual Property owned by us.
5.2 Security: Each party agrees that, unless it has the prior written consent of the other party, it will:
keep confidential at all times the Confidential Information of the other party; and
ensure that any officer, employee, contractor, agent or professional advisor to whom a party discloses the other party’s Confidential Information is aware of, and complies with, this clause 5.2.
5.3 Disclosure required: The obligations of confidentiality in clause 5.2 do not apply to any disclosure:
for the purpose of performing a party’s obligations, or exercising a party’s rights, under these Terms;
required by law (including under the rules of any stock exchange);
of Confidential Information which:
is publicly available through no fault of the recipient of the Confidential Information or its officers, employees, contractors or agents; or
was rightfully received from a third party without restriction and without breach of any obligation of confidentiality; or
by us if required as part of a bona fide sale of our business (assets or shares, whether in whole or in part) to a third party, provided that we enter into a confidentiality agreement with the third party on terms no less restrictive than this clause 5.
5.3 Return of information: Except to the extent that a party has ongoing rights to use Confidential Information, a party must, at the request of the other party following the expiry or termination of these Terms, promptly return to the other party or destroy all Confidential Information of the other party in the recipient party’s possession or control.
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6. PRIVACY
6.1 Agency Characterisation: For all client-provided media that is personal information (e.g. staff photos/voice), you acknowledge and agree that in collecting, holding and processing that information we are acting as your agent for the purposes of the Privacy Act 2020.
6.2 Privacy Consents and Notices Warranty: You warrant you have obtained all necessary consents from, and given all necessary notices to, the relevant individual to enable us to collect, use, hold and process all client-provided media in accordance with these Terms.
6.3 Biometric Consent: You warrant you have obtained express, informed consent from any individual whose biometric information you provide to us, satisfying the Biometric Processing Privacy Code 2025.
6.4 Data Purge: All raw biometric templates and client-provided media are deleted within 90 days of project completion.
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7. LIMITATION OF LIABILITY & DIRECTOR ISOLATION
7.1 Third-Party Platforms: We have no liability for outages or "hallucinations" on third-party platforms (Google Gemini, Suno, Canva, Google Workspace, Google Flow). You acknowledge and agree that the outputs from these platforms (Outputs) may be the same or similar to content generated for other users.
7.2 AI Disclaimers:
You:
acknowledge that the Outputs may be factually incorrect, inaccurate, offensive, biased, harmful, inappropriate, infringing, unlawful or unsuitable for a particular purpose; and
acknowledge and agree that the Outputs are provided as is and as available without warranty of any kind.
While we manually review the Outputs for quality and to assess whether they align to your requirements, this does not involve full verification of correctness, accuracy, completeness, currency, lawfulness or suitability for use. You are solely responsible for evaluating Outputs for these aspects, and for any use of Outputs.
7.3 AI Likeness Coincidence: You accept the risk of unintentional resemblances to real persons. You indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any "right of publicity" or “right of personality” claims. Your sole remedy is one (1) complimentary AI-recalibration.
7.4 Liability Cap: Our total aggregate liability to you in connection with a project is limited to the amount actually paid by you for the specific project.
7.5 Unrecoverable loss: We are not liable to you under or in connection with these Terms or our Services for any loss of profit, data, savings, business, revenue, and/or goodwill, or any indirect, consequential, incidental or special loss or damage of any kind.
7.6 Unlimited liability: Clauses 7.4 and 7.5 do not apply to limit or exclude any liability that may not be limited or excluded by law.
7.7 No liability for your failure: We will not be responsible, liable, or held to be in breach of these Terms for any failure to perform our obligations under these Terms or otherwise, to the extent the failure is directly caused by your failure to comply with your obligations under these Terms, or by the negligence or misconduct of you or your officers, employees, contractors or agents.
7.8 Mitigation: You must take reasonable steps to mitigate any loss or damage, cost or expense you may suffer or incur arising out of anything done or not done by us under or in connection with these Terms.
7.9 Director Isolation (Section 162): Per Section 162 of the Companies Act 1993, you agree that all legal liability rests strictly with DeeDreams Limited. You irrevocably waive the right to bring any claim against any director of DeeDreams Limited personally.
7.10 Implied warranties: Where legislation or rule of law implies into these Terms a condition or warranty that cannot be excluded or modified by contract, the condition or warranty is deemed to be included in these Terms. However, our liability for any breach of that condition or warranty is limited, at our option, to:
supplying the relevant Service again; and/or
paying the costs of having the relevant Service supplied again.
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8. TERM AND TERMINATION
8.1 Termination rights: Either party may, by notice to the other party, immediately terminate these Terms if the other party:
breaches any material provision of these Terms and the breach is not:
remedied within 10 days of the receipt of the notice from the first party requiring it to remedy the breach; or
capable of being remedied; or
has an administrator, receiver, liquidator, statutory manager, mortgagee’s or chargee’s agent appointed, becomes subject to any form of external administration, or ceases to continue business for any reason.
8.2 Consequences of expiry or termination:
Expiry or termination of these Terms does not affect each party’s rights and obligations accrued before the expiry or termination date.
You must pay for Services provided before the expiry or termination date.
8.3 Obligations continuing: Clauses which, by their nature are intended to survive expiry or termination, including clauses 5, 7 and 8, continue in force.
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9. DISPUTE RESOLUTION
9.1 Good Faith: Any dispute must be discussed in a good faith meeting, then referred to NZ-based mediation before legal action is commenced.
9.2 Mediation: Where a dispute is referred to mediation:
the mediation will be subject to the Mediation Protocol of the Arbitrators' and Mediators' Institute of New Zealand Inc (AMINZ);
the mediation will be conducted in Auckland, New Zealand by an independent mediator and at a fee agreed to by each party;
the cost of the mediator will be borne in equal proportions by the parties; and
if the parties cannot agree on the mediator and/or the mediator’s fee within 5 business days of the referral of the dispute to mediation, the mediator will be selected, and/or the mediator’s fee will be determined, by the President of AMINZ.
9.4 Right to seek relief: This clause 9 does not affect either party’s right to seek urgent interlocutory and/or injunctive relief.
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10. GENERAL
10.1 Force Majeure: We are not liable to you for any failure to perform our obligations under these Terms to the extent caused by an event beyond our reasonable control.
10.2 Waiver: To waive a right under these Terms, that waiver must be in writing and signed by the waiving party.
10.3 Independent contractor: We are your independent contractor, and no other relationship (e.g. joint venture, agency, trust or partnership) exists under these Terms.
10.4 Notices: A notice given by a party under these Terms must be delivered via email to an email address notified by the other party for this purpose. If the notice is given under clause 8, a copy of that email must be immediately delivered (by hand or courier) to the Chief Executive or equivalent officer of the other party at the other party’s last known physical address.
10.5 Severability: Any illegality, unenforceability or invalidity of a provision of these Terms does not affect the legality, enforceability or validity of the remaining provisions of these Terms.
10.6 Variation: Any variation to these Terms must be in writing and signed by both parties.
10.7 Entire Agreement: These Terms set out everything agreed by the parties relating to the Services and supersede and cancel anything discussed, exchanged or agreed prior to your acceptance of these Terms. The parties have not relied on any representation, warranty or agreement relating to the Services that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from your acceptance of these Terms.
10.8 Assignment: You may not assign or transfer any right or obligation under these Terms without our prior written approval. You remain liable for your obligations under these Terms despite any approved assignment or transfer.
10.9 Law: These Terms, and any dispute relating to these Terms or the Services, are governed by, and must be interpreted in accordance with, the laws of New Zealand. Subject to clause 9, each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Services.
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1. THE AGREEMENT, ACCEPTANCE & B2B STATUS
1.1 Scope: These Terms of Business (Terms) govern the creative AI recalibration services (Services) provided by DeeDreams Limited (we, us, our) to the client named in the Client Intake Form (as defined below) (you, your).
1.2 Binding Nature: Acceptance of these Terms occurs upon the earlier of: (a) payment of the Activation Deposit (as defined in clause 3.1); (b) attendance at the Strategy Consultation (as defined in clause 2.4); or (c) signing and submission of the document titled B2B Client Intake Form that has been issued to you by us and references these Terms (Client Intake Form).
1.3 Statutory Contracting Out: The parties agree and represent that they are both "in trade" for the purposes of these Terms. To the maximum extent permitted by law:
The parties agree to contract out of the Consumer Guarantees Act 1993 and any other applicable consumer protection laws; and
For the purposes of Section 5D of the Fair Trading Act 1986, the parties agree to contract out of sections 9, 12A, and 13 of that Act.
The parties agree that these exclusions are fair and reasonable given the bespoke, technical, and artistic nature of AI-driven creative production and that both parties have had the opportunity to seek independent legal advice.
1.4 Marketing & Communication: You provide express consent to receive project updates and marketing via the email and Messenger details provided.
__________________________________________________________________________
2. SERVICE DELIVERY & "HITL" AUTHORSHIP DEFENCE
2.1 Human-in-the-Loop (HITL) Methodology: You acknowledge that our deliverables are not "AI-generated" in isolation but are produced using a proprietary HITL methodology. We maintain full narrative architecture, prompt engineering, and editorial curation over the output.
2.2 IP Evidence Trail: We maintain a strictly confidential "audit trail" of all creative arrangements (prompt histories, curation logs, and recording transcripts). This documentation serves as the primary evidence of human authorship.
2.3 Production Timeline: Our standard production window is five (5) to seven (7) business days from the date of Project Activation. Project Activation is strictly defined as the point when:
The Strategy Consultation is complete;
All raw brand assets have been received by us;
You have provided written confirmation (via email reply) of the project roadmap sent following the Strategy Consultation; AND
The 50% Activation Deposit is cleared in our account.
2.4 Strategy Session: A recorded 30-minute call during which we finalise your creative direction (Strategy Consultation) is the "Human-Led" anchor. We are not liable for subjective dissatisfaction if the final output aligns with the directions captured during this session.
2.5 Revisions: The fee covers one (1) round of minor revisions. Major changes to the original brief will be quoted as a new project.
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3. FEES, PAYMENT & "FINAL SALE"
3.1 Fees: You must pay the fees that apply to the package you select when completing the Client Intake Form (Fees) in accordance with this clause 3.
3.2 Activation Deposit: A non-refundable deposit of 50% of the Fees (Activation Deposit) is required to activate the project and secure GPU rendering capacity.
3.3 Final Payment: The remaining 50% of the Fees is due upon draft delivery. We will not release high-resolution, watermark-free assets until the final balance is cleared.
3.4 No Refunds: Due to the intensive GPU processing costs and bespoke nature of AI rendering, to the maximum extent permitted by law all sales are final. We do not offer refunds for "change of mind."
3.5 Taxes & Service Fees: All Fees are plus GST and a 3% office service fee.
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4. INTELLECTUAL PROPERTY & TRADEMARKS
4.1 Your Assets: You warrant you have all necessary rights to (a) provide us with all media that you provide to us (client-provided media) and (b) to allow us to use the client-provided media for the purposes of providing the Services, and you grant us a limited licence to the client-provided media for production purposes.
4.2 Our Deliverables: We assert authorship under Section 5(2)(a) Copyright Act. Upon full payment of the Fees, you receive a perpetual, non-exclusive licence to use the deliverables provided for the purposes of marketing your own business.
4.3 Trade mark Accuracy: You are responsible for ensuring brand names match trade mark filings. We are not liable for platform "locks" caused by your metadata errors.
4.5 Indemnity: You indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any actual or alleged claim by a third party that any client-provided media, our use of any client-provided media in accordance with these Terms, or any elements of our deliverables derived from the client-provided media, infringes the rights of that third party (including intellectual property rights and privacy rights) or that the client-provided media is incorrect, misleading, objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.
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5. CONFIDENTIALITY
5.1 Definition: In this clause, Confidential Information means any information that is not public knowledge and which is obtained from the other party in the course of, or in connection with, the provision of the Services. Our Confidential Information includes Intellectual Property owned by us.
5.2 Security: Each party agrees that, unless it has the prior written consent of the other party, it will:
keep confidential at all times the Confidential Information of the other party; and
ensure that any officer, employee, contractor, agent or professional advisor to whom a party discloses the other party’s Confidential Information is aware of, and complies with, this clause 5.2.
5.3 Disclosure required: The obligations of confidentiality in clause 5.2 do not apply to any disclosure:
for the purpose of performing a party’s obligations, or exercising a party’s rights, under these Terms;
required by law (including under the rules of any stock exchange);
of Confidential Information which:
is publicly available through no fault of the recipient of the Confidential Information or its officers, employees, contractors or agents; or
was rightfully received from a third party without restriction and without breach of any obligation of confidentiality; or
by us if required as part of a bona fide sale of our business (assets or shares, whether in whole or in part) to a third party, provided that we enter into a confidentiality agreement with the third party on terms no less restrictive than this clause 5.
5.3 Return of information: Except to the extent that a party has ongoing rights to use Confidential Information, a party must, at the request of the other party following the expiry or termination of these Terms, promptly return to the other party or destroy all Confidential Information of the other party in the recipient party’s possession or control.
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6. PRIVACY
6.1 Agency Characterisation: For all client-provided media that is personal information (e.g. staff photos/voice), you acknowledge and agree that in collecting, holding and processing that information we are acting as your agent for the purposes of the Privacy Act 2020.
6.2 Privacy Consents and Notices Warranty: You warrant you have obtained all necessary consents from, and given all necessary notices to, the relevant individual to enable us to collect, use, hold and process all client-provided media in accordance with these Terms.
6.3 Biometric Consent: You warrant you have obtained express, informed consent from any individual whose biometric information you provide to us, satisfying the Biometric Processing Privacy Code 2025.
6.4 Data Purge: All raw biometric templates and client-provided media are deleted within 90 days of project completion.
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7. LIMITATION OF LIABILITY & DIRECTOR ISOLATION
7.1 Third-Party Platforms: We have no liability for outages or "hallucinations" on third-party platforms (Google Gemini, Suno, Canva, Google Workspace, Google Flow). You acknowledge and agree that the outputs from these platforms (Outputs) may be the same or similar to content generated for other users.
7.2 AI Disclaimers:
You:
acknowledge that the Outputs may be factually incorrect, inaccurate, offensive, biased, harmful, inappropriate, infringing, unlawful or unsuitable for a particular purpose; and
acknowledge and agree that the Outputs are provided as is and as available without warranty of any kind.
While we manually review the Outputs for quality and to assess whether they align to your requirements, this does not involve full verification of correctness, accuracy, completeness, currency, lawfulness or suitability for use. You are solely responsible for evaluating Outputs for these aspects, and for any use of Outputs.
7.3 AI Likeness Coincidence: You accept the risk of unintentional resemblances to real persons. You indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any "right of publicity" or “right of personality” claims. Your sole remedy is one (1) complimentary AI-recalibration.
7.4 Liability Cap: Our total aggregate liability to you in connection with a project is limited to the amount actually paid by you for the specific project.
7.5 Unrecoverable loss: We are not liable to you under or in connection with these Terms or our Services for any loss of profit, data, savings, business, revenue, and/or goodwill, or any indirect, consequential, incidental or special loss or damage of any kind.
7.6 Unlimited liability: Clauses 7.4 and 7.5 do not apply to limit or exclude any liability that may not be limited or excluded by law.
7.7 No liability for your failure: We will not be responsible, liable, or held to be in breach of these Terms for any failure to perform our obligations under these Terms or otherwise, to the extent the failure is directly caused by your failure to comply with your obligations under these Terms, or by the negligence or misconduct of you or your officers, employees, contractors or agents.
7.8 Mitigation: You must take reasonable steps to mitigate any loss or damage, cost or expense you may suffer or incur arising out of anything done or not done by us under or in connection with these Terms.
7.9 Director Isolation (Section 162): Per Section 162 of the Companies Act 1993, you agree that all legal liability rests strictly with DeeDreams Limited. You irrevocably waive the right to bring any claim against any director of DeeDreams Limited personally.
7.10 Implied warranties: Where legislation or rule of law implies into these Terms a condition or warranty that cannot be excluded or modified by contract, the condition or warranty is deemed to be included in these Terms. However, our liability for any breach of that condition or warranty is limited, at our option, to:
supplying the relevant Service again; and/or
paying the costs of having the relevant Service supplied again.
__________________________________________________________________________
8. TERM AND TERMINATION
8.1 Termination rights: Either party may, by notice to the other party, immediately terminate these Terms if the other party:
breaches any material provision of these Terms and the breach is not:
remedied within 10 days of the receipt of the notice from the first party requiring it to remedy the breach; or
capable of being remedied; or
has an administrator, receiver, liquidator, statutory manager, mortgagee’s or chargee’s agent appointed, becomes subject to any form of external administration, or ceases to continue business for any reason.
8.2 Consequences of expiry or termination:
Expiry or termination of these Terms does not affect each party’s rights and obligations accrued before the expiry or termination date.
You must pay for Services provided before the expiry or termination date.
8.3 Obligations continuing: Clauses which, by their nature are intended to survive expiry or termination, including clauses 5, 7 and 8, continue in force.
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9. DISPUTE RESOLUTION
9.1 Good Faith: Any dispute must be discussed in a good faith meeting, then referred to NZ-based mediation before legal action is commenced.
9.2 Mediation: Where a dispute is referred to mediation:
the mediation will be subject to the Mediation Protocol of the Arbitrators' and Mediators' Institute of New Zealand Inc (AMINZ);
the mediation will be conducted in Auckland, New Zealand by an independent mediator and at a fee agreed to by each party;
the cost of the mediator will be borne in equal proportions by the parties; and
if the parties cannot agree on the mediator and/or the mediator’s fee within 5 business days of the referral of the dispute to mediation, the mediator will be selected, and/or the mediator’s fee will be determined, by the President of AMINZ.
9.4 Right to seek relief: This clause 9 does not affect either party’s right to seek urgent interlocutory and/or injunctive relief.
__________________________________________________________________________
10. GENERAL
10.1 Force Majeure: We are not liable to you for any failure to perform our obligations under these Terms to the extent caused by an event beyond our reasonable control.
10.2 Waiver: To waive a right under these Terms, that waiver must be in writing and signed by the waiving party.
10.3 Independent contractor: We are your independent contractor, and no other relationship (e.g. joint venture, agency, trust or partnership) exists under these Terms.
10.4 Notices: A notice given by a party under these Terms must be delivered via email to an email address notified by the other party for this purpose. If the notice is given under clause 8, a copy of that email must be immediately delivered (by hand or courier) to the Chief Executive or equivalent officer of the other party at the other party’s last known physical address.
10.5 Severability: Any illegality, unenforceability or invalidity of a provision of these Terms does not affect the legality, enforceability or validity of the remaining provisions of these Terms.
10.6 Variation: Any variation to these Terms must be in writing and signed by both parties.
10.7 Entire Agreement: These Terms set out everything agreed by the parties relating to the Services and supersede and cancel anything discussed, exchanged or agreed prior to your acceptance of these Terms. The parties have not relied on any representation, warranty or agreement relating to the Services that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from your acceptance of these Terms.
10.8 Assignment: You may not assign or transfer any right or obligation under these Terms without our prior written approval. You remain liable for your obligations under these Terms despite any approved assignment or transfer.
10.9 Law: These Terms, and any dispute relating to these Terms or the Services, are governed by, and must be interpreted in accordance with, the laws of New Zealand. Subject to clause 9, each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Services.
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DEEDREAMS LIMITED
DEEDREAMS LIMITED