Terms & Conditions
Tutai — Terms & Conditions
Effective date: 15 July 2026 Version: 2.0 Operator: Tutai Limited (“Tutai”, “we”, “us”, “our”) Contact: office@tutai.app
These Terms & Conditions replace the previous combined Terms & Conditions and Privacy Policy dated 23 September 2025. Our privacy practices are now set out in a separate document, the Tutai Privacy Policy, which forms part of your agreement with us.
1. About these Terms
1.1 These Terms & Conditions (the “Terms”) govern your access to and use of the Tutai mobile application, website, and related services (together, the “Service”).
1.2 The Service is operated by Tutai Limited, a company incorporated in New Zealand.
1.3 By creating an account, or by accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Service.
1.4 We may update these Terms from time to time in accordance with clause 18. Your continued use of the Service after an update means you accept the updated Terms.
2. Definitions
• “Content” means any information, text, images, links, data, alerts, tips, comments, reviews, ratings, or other material available on or through the Service.
• “User Content” means any Content that you or other users submit, post, upload, or otherwise make available through the Service — including safety alerts, community tips, comments, replies, ratings, verifications, pictures, and profile information.
• “You” and “your” means the person accessing or using the Service.
• “Community features” means the parts of the Service that let users contribute, view, and interact with User Content, including alerts, community tips, comments, likes (“thank you”), verifications, and similar functionality.
• “Travel Helper” means the practical and cultural reference layer of the Service (such as emergency numbers, local information, currency, driving, health, visa, and cultural do’s and don’ts), provided for general information only.
3. Eligibility
3.1 You must be at least 18 years old to create an account or use the Service.
3.2 By using the Service, you represent and warrant that you are at least 18, that you have the legal capacity to enter into these Terms, and that your use of the Service complies with all laws that apply to you.
3.3 You must not use the Service if we have previously suspended or removed you, or if doing so would breach any applicable law or sanction.
4. Your account
4.1 To access certain features you must create an account and provide accurate, current, and complete information. You agree to keep this information up to date.
4.2 You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. You must not share your account with, or transfer it to, any other person.
4.3 You must notify us immediately at office@tutai.app if you suspect any unauthorised use of your account or any security breach.
4.4 You may not create more than one account per person, create an account using another person’s identity, or create accounts by automated means.
5. Nature of the Service — important safety notice
5.1 Informational only. Tutai is a smart & safe travel and discovery companion. All Content — including alerts, tips, safety information, and Travel Helper information — is provided for general informational purposes only. It is not professional, legal, medical, security, or emergency advice, and you should not rely on it as such.
5.2 Not an emergency service. Tutai is not an emergency service and is not a substitute for the police, emergency services, medical providers, or official government sources. In an emergency, always contact your local emergency services directly. You are responsible for your own safety and decisions at all times.
5.3 No guarantee of accuracy or availability. Much of the Content, including alerts and tips, is contributed by other users and may be incomplete, out of date, inaccurate, or wrong. We do not verify all Content and do not warrant that any Content is accurate, reliable, current, or suitable for your circumstances. The Service may be unavailable, interrupted, or delayed, and location and mapping data may be imprecise. You use all Content and rely on the Service at your own risk.
6. User-Generated Content
6.1 Your contributions. The Service lets you submit User Content, including alerts, community tips, and comments. You are solely responsible for your User Content and for the consequences of submitting it.
6.2 Your promises about your User Content. Each time you submit User Content, you represent and warrant that:
(a) the User Content is your own, or you have all rights, licences, and permissions necessary to submit it and to grant the rights in clause 7;
(b) the User Content is accurate to the best of your knowledge and not deliberately false or misleading (this is particularly important for safety alerts and tips);
(c) the User Content does not breach the Acceptable Use rules in clause 8; and
(d) the User Content does not infringe the intellectual property, privacy, or other rights of any person, and does not breach any law.
6.3 User Content is public. Alerts, tips, comments, and similar contributions are, by their nature, visible to other users and may be visible publicly. Do not submit anything you expect to keep private, and do not include personal information about yourself or others that you do not want to be seen.
6.4 No obligation to publish or retain. We are not obligated to publish, keep, or display any User Content, and we may remove, edit, refuse, or restrict any User Content at any time in accordance with clause 9.
7. Ownership and licence of User Content
7.1 Assignment. To the maximum extent permitted by law, you assign to Tutai all right, title, and interest (including all intellectual property rights) in and to the User Content you submit, effective at the moment you submit it. This means that, once submitted, your alerts, tips, comments, and other User Content belong to Tutai.
7.2 Fallback licence. To the extent any assignment in clause 7.1 is not effective for any reason, or is not permitted under the law that applies to you, you grant Tutai a perpetual, irrevocable, worldwide, royalty-free, fully transferable, and sub-licensable licence to host, store, use, reproduce, modify, adapt, translate, publish, publicly display and perform, create derivative works from, distribute, and otherwise exploit your User Content, in any media now known or later developed, and for any purpose. This includes, for example:
(e) operating, improving, and providing the Service;
(f) promoting and marketing Tutai — including featuring your tips, alerts, or other User Content on Tutai’s social media channels, website, and marketing materials; and
(g) creating aggregated, combined, or anonymised data and insights.
7.3 Moral rights. To the extent permitted by law, you waive, and agree not to assert, any moral rights or similar rights you may have in your User Content (such as the right to be identified as the author or to object to changes).
7.4 Attribution. We may, but are not required to, credit you as the source of your User Content. We may also display it without your username or with a display name, at our discretion.
7.5 Feedback. If you send us suggestions, ideas, or feedback about the Service, you agree we may use them freely, without restriction and without any obligation to you.
8. Acceptable Use — prohibited content and conduct
You agree that you will not submit User Content, or use the Service, in any way that does, or attempts to do, any of the following.
8.1 Offensive, hateful, or abusive content. You must not post, transmit, or promote content that:
(h) uses inappropriate, vulgar, obscene, profane, or abusive language;
(i) is racist, discriminatory, hateful, or offensive, or that attacks, demeans, or incites hatred or violence against any person or group based on race, ethnicity, nationality, colour, religion, gender, gender identity, sexual orientation, disability, age, or any other characteristic;
(j) harasses, bullies, intimidates, threatens, stalks, or defames any person; or
(k) is sexually explicit or pornographic, or that in any way sexualises, endangers, or exploits a minor (we operate a zero-tolerance policy on child sexual exploitation and abuse material and will report it to the relevant authorities).
8.2 Unauthorised promotion and spam. You must not use the Service to advertise, promote, or solicit for any business, product, or service — including your own or a third party’s business— without Tutai’s prior written agreement. This includes commercial solicitation, advertising, affiliate or referral links, promotional links, sponsorships, “collabs”, chain messages, pyramid or referral schemes, and unsolicited or repetitive (“spam”) content.
8.3 False or harmful safety information. You must not post alerts, tips, or other Content that you know or suspect to be false, misleading, exaggerated, or fabricated, or that could mislead travellers about safety, endanger any person, or cause panic.
8.4 Unlawful, infringing, or harmful content. You must not post Content that:
(l) is unlawful, or that promotes, facilitates, or incites any illegal, dangerous, or harmful act, self-harm, violence, or terrorism;
(m) infringes any intellectual property right, trade secret, or other right of any person;
(n) discloses another person’s private or personal information without their consent (including “doxxing”), or invades another person’s privacy;
(o) impersonates any person or entity, or misrepresents your identity or affiliation with any person or entity; or
(p) contains software viruses, malware, or any code designed to interrupt, damage, or limit the functioning of any software, hardware, or the Service.
8.5 Prohibited conduct. You must not:
(q) access, scrape, index, harvest, or collect data from the Service by automated means (bots, crawlers, scrapers) except as we expressly permit;
(r) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent this restriction is prohibited by law;
(s) circumvent, disable, or interfere with security features, access controls, or usage limits;
(t) probe, scan, overload, disrupt, or interfere with the Service, its servers, or its networks, or attempt to gain unauthorised access to any part of the Service or another user’s account;
(u) manipulate the Service or its community features — for example by artificially inflating likes, verifications, ratings, or leaderboard positions, or by using multiple or fake accounts; or
(v) use the Service, or any Content or data from it, for any commercial purpose or to build or train a competing product or dataset, without our prior written consent.
9. Moderation, reporting, and enforcement
9.1 We aim to moderate the Service. We moderate User Content and community features. Because moderation is currently carried out manually, there may be a delay before content is reviewed, and we do not guarantee that any particular item of User Content will be reviewed before it is published, or removed within any specific timeframe. We are not liable for User Content while it remains on the Service.
9.2 Our rights. We may, at our sole discretion and without notice, review, screen, refuse, edit, hide, restrict, or remove any User Content, and take any action we consider appropriate — including where we believe (acting reasonably) that Content or conduct breaches these Terms, is otherwise objectionable, or exposes us or others to risk or liability.
9.3 Reporting. If you believe any User Content or user conduct breaches these Terms, you can report it to us through the in-app feedback option in Settings, or by emailing office@tutai.app. Please include enough detail for us to locate and assess the content.
9.4 Consequences of breach. If you breach these Terms, we may take any action we consider appropriate, including issuing a warning, removing or editing your User Content, limiting your access to features, and suspending, restricting, or permanently terminating your account and banning you from the Service. Serious breaches (such as those in clauses 8.1–8.4) may result in immediate termination without warning, and we may report unlawful activity to the relevant authorities.
10. Suspension and termination
10.1 We may suspend or terminate your access to the Service, or close your account, at any time — with or without notice — if you breach these Terms, if we are required to do so by law, or if we reasonably consider it necessary to protect the Service, other users, or us.
10.2 You may stop using the Service and close your account at any time through the app settings or by contacting office@tutai.app.
10.3 On termination, your right to use the Service ends immediately. Clauses that by their nature should survive termination — including clauses 5, 6.2, 7, 11, 13, 14, 17, and 19 — will continue to apply. User Content that has been assigned or licensed to us under clause 7 may be retained and continue to be used by us after termination.
11. Intellectual property
11.1 The Service, and all Content other than User Content — including the Tutai name, the logoand signature, branding, design, software, databases, text, graphics, and their selection and arrangement — are owned by or licensed to Tutai and are protected by intellectual property laws.
11.2 We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for your own personal, non-commercial use, subject to these Terms. All rights not expressly granted are reserved.
11.3 You must not copy, modify, distribute, sell, licence, or create derivative works from any part of the Service except as expressly permitted by these Terms or by law.
11.4 Copyright complaints and takedown. If you believe any Content on the Service infringes your copyright or other intellectual property rights, contact us at office@tutai.app with (a) a description of the work and the allegedly infringing Content, (b) its location on the Service, (c) your contact details, and (d) a statement that you believe in good faith the use is not authorised. We will review and, where appropriate, remove the Content, and we may suspend or terminate the accounts of users who repeatedly infringe others’ rights.
12. Third-party services, links, and partners
12.1 The Service may contain links to, or integrations with, third-party websites, products, and services — including travel, rental, tours, insurance, eSIM, booking, and affiliate partners. These are provided for your convenience.
12.2 We do not control and are not responsible for third-party services, their content, or their terms and privacy practices. Your dealings with any third party are solely between you and that third party, and are subject to that third party’s own terms. We are not liable for any loss arising from your use of a third-party service.
12.3 App stores. If you download the app from the Apple App Store or Google Play, your use is also subject to that store’s terms. You acknowledge that these Terms are between you and Tutai, not the app store; that the app store is not responsible for the app, its support, or any claims relating to it; and that Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them where you obtained the app from the Apple App Store.
13. Disclaimers
13.1 To the maximum extent permitted by law, the Service and all Content are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.
13.2 We do not warrant that the Service will be uninterrupted, secure, error-free, or free of harmful components, or that any Content (including alerts and tips) is accurate, complete, current, or reliable.
13.3 Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that you have under a law (such as the New Zealand Consumer Guarantees Act 1993, or mandatory consumer-protection laws that apply to you locally) that cannot lawfully be excluded. Where such a law applies and permits us to limit our liability, our liability is limited to the maximum extent that law allows.
14. Limitation of liability and indemnity
14.0 What we do not exclude. Nothing in these Terms excludes or limits our liability where it would be unlawful to do so — including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under the law that applies to you. The limits below apply only to the extent the law allows.
14.1 Limitation. Subject to clause 14.0, and to the maximum extent permitted by law, Tutai Limited (and its directors, employees, and agents) will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or relating to your use of, or inability to use, the Service or any Content — including any reliance on any alert, tip, safety information, or other features.
14.2 Liability cap. Subject to clause 14.0, and to the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total amount you paid us (if any) for the Service in the 12 months before the event giving rise to the liability, or (b) NZ$100.
14.3 Indemnity. To the extent permitted by law, you agree to indemnify and hold harmless Tutai Limited and its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or connected with: (a) your User Content; (b) your breach of these Terms; or (c) your breach of any law or of the rights of another person.
15. Privacy
15.1 Our collection and use of personal information is governed by the Tutai Privacy Policy, which forms part of these Terms. Please read it to understand how we handle your data, including location data, and your privacy rights.
16. Changes to the Service
16.1 We are continually developing the Service and may add, change, suspend, or remove features or Content at any time, with or without notice. We are not liable to you for doing so, to the extent permitted by law.
17. Governing law and jurisdiction
17.1 These Terms, and any dispute arising out of or in connection with them or the Service, are governed by the laws of New Zealand.
17.2 You and Tutai submit to the exclusive jurisdiction of the courts of New Zealand, except that, where you are a consumer who benefits from mandatory protections in your country of residence, nothing in this clause deprives you of the protection of those mandatory provisions, and you may also have the right to bring proceedings in your local courts where the law so requires.
18. Changes to these Terms
18.1 We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you — for example, through the app or by updating the effective date at the top of this document.
18.2 Your continued use of the Service after the changes take effect means you accept the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and may close your account.
19. General
19.1 Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service and replace any earlier agreement, including the previous combined document dated 23 September 2025.
19.2 Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.
19.3 No waiver. If we do not enforce a right or provision, that is not a waiver of that right or provision.
19.4 Assignment. You may not assign or transfer these Terms without our consent. We may assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, or sale of assets.
19.5 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
19.6 Notices. We may give you notices through the Service or by email. You can contact us at office@tutai.app.
20. Contact
Questions about these Terms can be sent to:
Tutai Limited – registered in New Zealand. Contact: office@tutai.app
Terms & Conditions
Tutai — Terms & Conditions
Effective date: 15 July 2026 Version: 2.0 Operator: Tutai Limited (“Tutai”, “we”, “us”, “our”) Contact: office@tutai.app
These Terms & Conditions replace the previous combined Terms & Conditions and Privacy Policy dated 23 September 2025. Our privacy practices are now set out in a separate document, the Tutai Privacy Policy, which forms part of your agreement with us.
1. About these Terms
1.1 These Terms & Conditions (the “Terms”) govern your access to and use of the Tutai mobile application, website, and related services (together, the “Service”).
1.2 The Service is operated by Tutai Limited, a company incorporated in New Zealand.
1.3 By creating an account, or by accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Service.
1.4 We may update these Terms from time to time in accordance with clause 18. Your continued use of the Service after an update means you accept the updated Terms.
2. Definitions
• “Content” means any information, text, images, links, data, alerts, tips, comments, reviews, ratings, or other material available on or through the Service.
• “User Content” means any Content that you or other users submit, post, upload, or otherwise make available through the Service — including safety alerts, community tips, comments, replies, ratings, verifications, pictures, and profile information.
• “You” and “your” means the person accessing or using the Service.
• “Community features” means the parts of the Service that let users contribute, view, and interact with User Content, including alerts, community tips, comments, likes (“thank you”), verifications, and similar functionality.
• “Travel Helper” means the practical and cultural reference layer of the Service (such as emergency numbers, local information, currency, driving, health, visa, and cultural do’s and don’ts), provided for general information only.
3. Eligibility
3.1 You must be at least 18 years old to create an account or use the Service.
3.2 By using the Service, you represent and warrant that you are at least 18, that you have the legal capacity to enter into these Terms, and that your use of the Service complies with all laws that apply to you.
3.3 You must not use the Service if we have previously suspended or removed you, or if doing so would breach any applicable law or sanction.
4. Your account
4.1 To access certain features you must create an account and provide accurate, current, and complete information. You agree to keep this information up to date.
4.2 You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. You must not share your account with, or transfer it to, any other person.
4.3 You must notify us immediately at office@tutai.app if you suspect any unauthorised use of your account or any security breach.
4.4 You may not create more than one account per person, create an account using another person’s identity, or create accounts by automated means.
5. Nature of the Service — important safety notice
5.1 Informational only. Tutai is a smart & safe travel and discovery companion. All Content — including alerts, tips, safety information, and Travel Helper information — is provided for general informational purposes only. It is not professional, legal, medical, security, or emergency advice, and you should not rely on it as such.
5.2 Not an emergency service. Tutai is not an emergency service and is not a substitute for the police, emergency services, medical providers, or official government sources. In an emergency, always contact your local emergency services directly. You are responsible for your own safety and decisions at all times.
5.3 No guarantee of accuracy or availability. Much of the Content, including alerts and tips, is contributed by other users and may be incomplete, out of date, inaccurate, or wrong. We do not verify all Content and do not warrant that any Content is accurate, reliable, current, or suitable for your circumstances. The Service may be unavailable, interrupted, or delayed, and location and mapping data may be imprecise. You use all Content and rely on the Service at your own risk.
6. User-Generated Content
6.1 Your contributions. The Service lets you submit User Content, including alerts, community tips, and comments. You are solely responsible for your User Content and for the consequences of submitting it.
6.2 Your promises about your User Content. Each time you submit User Content, you represent and warrant that:
(a) the User Content is your own, or you have all rights, licences, and permissions necessary to submit it and to grant the rights in clause 7;
(b) the User Content is accurate to the best of your knowledge and not deliberately false or misleading (this is particularly important for safety alerts and tips);
(c) the User Content does not breach the Acceptable Use rules in clause 8; and
(d) the User Content does not infringe the intellectual property, privacy, or other rights of any person, and does not breach any law.
6.3 User Content is public. Alerts, tips, comments, and similar contributions are, by their nature, visible to other users and may be visible publicly. Do not submit anything you expect to keep private, and do not include personal information about yourself or others that you do not want to be seen.
6.4 No obligation to publish or retain. We are not obligated to publish, keep, or display any User Content, and we may remove, edit, refuse, or restrict any User Content at any time in accordance with clause 9.
7. Ownership and licence of User Content
7.1 Assignment. To the maximum extent permitted by law, you assign to Tutai all right, title, and interest (including all intellectual property rights) in and to the User Content you submit, effective at the moment you submit it. This means that, once submitted, your alerts, tips, comments, and other User Content belong to Tutai.
7.2 Fallback licence. To the extent any assignment in clause 7.1 is not effective for any reason, or is not permitted under the law that applies to you, you grant Tutai a perpetual, irrevocable, worldwide, royalty-free, fully transferable, and sub-licensable licence to host, store, use, reproduce, modify, adapt, translate, publish, publicly display and perform, create derivative works from, distribute, and otherwise exploit your User Content, in any media now known or later developed, and for any purpose. This includes, for example:
(e) operating, improving, and providing the Service;
(f) promoting and marketing Tutai — including featuring your tips, alerts, or other User Content on Tutai’s social media channels, website, and marketing materials; and
(g) creating aggregated, combined, or anonymised data and insights.
7.3 Moral rights. To the extent permitted by law, you waive, and agree not to assert, any moral rights or similar rights you may have in your User Content (such as the right to be identified as the author or to object to changes).
7.4 Attribution. We may, but are not required to, credit you as the source of your User Content. We may also display it without your username or with a display name, at our discretion.
7.5 Feedback. If you send us suggestions, ideas, or feedback about the Service, you agree we may use them freely, without restriction and without any obligation to you.
8. Acceptable Use — prohibited content and conduct
You agree that you will not submit User Content, or use the Service, in any way that does, or attempts to do, any of the following.
8.1 Offensive, hateful, or abusive content. You must not post, transmit, or promote content that:
(h) uses inappropriate, vulgar, obscene, profane, or abusive language;
(i) is racist, discriminatory, hateful, or offensive, or that attacks, demeans, or incites hatred or violence against any person or group based on race, ethnicity, nationality, colour, religion, gender, gender identity, sexual orientation, disability, age, or any other characteristic;
(j) harasses, bullies, intimidates, threatens, stalks, or defames any person; or
(k) is sexually explicit or pornographic, or that in any way sexualises, endangers, or exploits a minor (we operate a zero-tolerance policy on child sexual exploitation and abuse material and will report it to the relevant authorities).
8.2 Unauthorised promotion and spam. You must not use the Service to advertise, promote, or solicit for any business, product, or service — including your own or a third party’s business— without Tutai’s prior written agreement. This includes commercial solicitation, advertising, affiliate or referral links, promotional links, sponsorships, “collabs”, chain messages, pyramid or referral schemes, and unsolicited or repetitive (“spam”) content.
8.3 False or harmful safety information. You must not post alerts, tips, or other Content that you know or suspect to be false, misleading, exaggerated, or fabricated, or that could mislead travellers about safety, endanger any person, or cause panic.
8.4 Unlawful, infringing, or harmful content. You must not post Content that:
(l) is unlawful, or that promotes, facilitates, or incites any illegal, dangerous, or harmful act, self-harm, violence, or terrorism;
(m) infringes any intellectual property right, trade secret, or other right of any person;
(n) discloses another person’s private or personal information without their consent (including “doxxing”), or invades another person’s privacy;
(o) impersonates any person or entity, or misrepresents your identity or affiliation with any person or entity; or
(p) contains software viruses, malware, or any code designed to interrupt, damage, or limit the functioning of any software, hardware, or the Service.
8.5 Prohibited conduct. You must not:
(q) access, scrape, index, harvest, or collect data from the Service by automated means (bots, crawlers, scrapers) except as we expressly permit;
(r) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent this restriction is prohibited by law;
(s) circumvent, disable, or interfere with security features, access controls, or usage limits;
(t) probe, scan, overload, disrupt, or interfere with the Service, its servers, or its networks, or attempt to gain unauthorised access to any part of the Service or another user’s account;
(u) manipulate the Service or its community features — for example by artificially inflating likes, verifications, ratings, or leaderboard positions, or by using multiple or fake accounts; or
(v) use the Service, or any Content or data from it, for any commercial purpose or to build or train a competing product or dataset, without our prior written consent.
9. Moderation, reporting, and enforcement
9.1 We aim to moderate the Service. We moderate User Content and community features. Because moderation is currently carried out manually, there may be a delay before content is reviewed, and we do not guarantee that any particular item of User Content will be reviewed before it is published, or removed within any specific timeframe. We are not liable for User Content while it remains on the Service.
9.2 Our rights. We may, at our sole discretion and without notice, review, screen, refuse, edit, hide, restrict, or remove any User Content, and take any action we consider appropriate — including where we believe (acting reasonably) that Content or conduct breaches these Terms, is otherwise objectionable, or exposes us or others to risk or liability.
9.3 Reporting. If you believe any User Content or user conduct breaches these Terms, you can report it to us through the in-app feedback option in Settings, or by emailing office@tutai.app. Please include enough detail for us to locate and assess the content.
9.4 Consequences of breach. If you breach these Terms, we may take any action we consider appropriate, including issuing a warning, removing or editing your User Content, limiting your access to features, and suspending, restricting, or permanently terminating your account and banning you from the Service. Serious breaches (such as those in clauses 8.1–8.4) may result in immediate termination without warning, and we may report unlawful activity to the relevant authorities.
10. Suspension and termination
10.1 We may suspend or terminate your access to the Service, or close your account, at any time — with or without notice — if you breach these Terms, if we are required to do so by law, or if we reasonably consider it necessary to protect the Service, other users, or us.
10.2 You may stop using the Service and close your account at any time through the app settings or by contacting office@tutai.app.
10.3 On termination, your right to use the Service ends immediately. Clauses that by their nature should survive termination — including clauses 5, 6.2, 7, 11, 13, 14, 17, and 19 — will continue to apply. User Content that has been assigned or licensed to us under clause 7 may be retained and continue to be used by us after termination.
11. Intellectual property
11.1 The Service, and all Content other than User Content — including the Tutai name, the logoand signature, branding, design, software, databases, text, graphics, and their selection and arrangement — are owned by or licensed to Tutai and are protected by intellectual property laws.
11.2 We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for your own personal, non-commercial use, subject to these Terms. All rights not expressly granted are reserved.
11.3 You must not copy, modify, distribute, sell, licence, or create derivative works from any part of the Service except as expressly permitted by these Terms or by law.
11.4 Copyright complaints and takedown. If you believe any Content on the Service infringes your copyright or other intellectual property rights, contact us at office@tutai.app with (a) a description of the work and the allegedly infringing Content, (b) its location on the Service, (c) your contact details, and (d) a statement that you believe in good faith the use is not authorised. We will review and, where appropriate, remove the Content, and we may suspend or terminate the accounts of users who repeatedly infringe others’ rights.
12. Third-party services, links, and partners
12.1 The Service may contain links to, or integrations with, third-party websites, products, and services — including travel, rental, tours, insurance, eSIM, booking, and affiliate partners. These are provided for your convenience.
12.2 We do not control and are not responsible for third-party services, their content, or their terms and privacy practices. Your dealings with any third party are solely between you and that third party, and are subject to that third party’s own terms. We are not liable for any loss arising from your use of a third-party service.
12.3 App stores. If you download the app from the Apple App Store or Google Play, your use is also subject to that store’s terms. You acknowledge that these Terms are between you and Tutai, not the app store; that the app store is not responsible for the app, its support, or any claims relating to it; and that Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them where you obtained the app from the Apple App Store.
13. Disclaimers
13.1 To the maximum extent permitted by law, the Service and all Content are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.
13.2 We do not warrant that the Service will be uninterrupted, secure, error-free, or free of harmful components, or that any Content (including alerts and tips) is accurate, complete, current, or reliable.
13.3 Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that you have under a law (such as the New Zealand Consumer Guarantees Act 1993, or mandatory consumer-protection laws that apply to you locally) that cannot lawfully be excluded. Where such a law applies and permits us to limit our liability, our liability is limited to the maximum extent that law allows.
14. Limitation of liability and indemnity
14.0 What we do not exclude. Nothing in these Terms excludes or limits our liability where it would be unlawful to do so — including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under the law that applies to you. The limits below apply only to the extent the law allows.
14.1 Limitation. Subject to clause 14.0, and to the maximum extent permitted by law, Tutai Limited (and its directors, employees, and agents) will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or relating to your use of, or inability to use, the Service or any Content — including any reliance on any alert, tip, safety information, or other features.
14.2 Liability cap. Subject to clause 14.0, and to the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total amount you paid us (if any) for the Service in the 12 months before the event giving rise to the liability, or (b) NZ$100.
14.3 Indemnity. To the extent permitted by law, you agree to indemnify and hold harmless Tutai Limited and its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or connected with: (a) your User Content; (b) your breach of these Terms; or (c) your breach of any law or of the rights of another person.
15. Privacy
15.1 Our collection and use of personal information is governed by the Tutai Privacy Policy, which forms part of these Terms. Please read it to understand how we handle your data, including location data, and your privacy rights.
16. Changes to the Service
16.1 We are continually developing the Service and may add, change, suspend, or remove features or Content at any time, with or without notice. We are not liable to you for doing so, to the extent permitted by law.
17. Governing law and jurisdiction
17.1 These Terms, and any dispute arising out of or in connection with them or the Service, are governed by the laws of New Zealand.
17.2 You and Tutai submit to the exclusive jurisdiction of the courts of New Zealand, except that, where you are a consumer who benefits from mandatory protections in your country of residence, nothing in this clause deprives you of the protection of those mandatory provisions, and you may also have the right to bring proceedings in your local courts where the law so requires.
18. Changes to these Terms
18.1 We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you — for example, through the app or by updating the effective date at the top of this document.
18.2 Your continued use of the Service after the changes take effect means you accept the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and may close your account.
19. General
19.1 Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service and replace any earlier agreement, including the previous combined document dated 23 September 2025.
19.2 Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.
19.3 No waiver. If we do not enforce a right or provision, that is not a waiver of that right or provision.
19.4 Assignment. You may not assign or transfer these Terms without our consent. We may assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, or sale of assets.
19.5 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
19.6 Notices. We may give you notices through the Service or by email. You can contact us at office@tutai.app.
20. Contact
Questions about these Terms can be sent to:
Tutai Limited – registered in New Zealand. Contact: office@tutai.app