Terms of Service
& Privacy Policy

Effective Date: 23/09/2025

This document outlines the Terms of Service and Privacy Policy for the Android and iOS mobile applications and website (the "App") operated by Tutai Limited ("we," "us," or "our"). By accessing or using the App, you agree to be bound by these terms.

Part 1: Terms of Service

1. Acceptance of Terms

By creating an account, or using any feature of the App, you agree to these Terms of Service. If you do not agree, you are not permitted to use the App. We reserve the right to modify these terms at any time, and your continued use of the App constitutes acceptance of those changes.

2. User Accounts and Responsibilities

You must be at least 18 years old to create an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to provide accurate and complete information during registration and to keep this information updated. You may not share your account with any other person.

3. Intellectual Property Rights

All intellectual property rights in the App, including but not limited to software, designs, text, graphics, logos, and trademarks, are the exclusive property of Tutai Limited or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes in accordance with these Terms. You may not copy, modify, distribute, sell, or lease any part of the App without our expressed written permission.

4. User Conduct

You agree not to use the App to:

• Engage in any unlawful, fraudulent, or malicious activity.

• Interfere with the security, integrity, or performance of the App or its services.

• Transmit any content that is offensive, harmful, defamatory, obscene, or infringes on any third party's rights.

• Attempt to reverse engineer, decompile, or disassemble the App's code.

• Use any automated system, such as bots or scrapers, to access the App for any purpose without our express written permission.

5. Check-In Feature Disclaimer and User Responsibility 

The Check-In feature is a supplemental, optional, paid service. It is designed to automatically send an email containing your last known location to your pre-selected emergency contacts if you fail to check in within your specified time interval and miss multiple notifications.

a. No Guarantee of Service: The Check-In feature is provided as is and as available. We cannot and do not guarantee the successful or timely delivery of any email notifications to your emergency contacts. Email delivery can be affected by factors outside of our control, including but not limited to, email service provider issues, spam filters, network connectivity problems, or the recipient not checking their email.

b. No Further Action: You understand and agree that our responsibility is strictly limited to sending the automated email. Tutai Limited will not take any further action. We do not and cannot monitor your location or safety, contact your emergency contacts, or notify any local authorities or emergency services on your behalf. We are not an emergency service provider.

c. User Responsibility: You are solely responsible for ensuring that the email addresses for your emergency contacts are accurate and up-to-date. You must also ensure that they are aware that they may receive an automated alert from our App. This feature is not a substitute for calling local emergency services. In the event of an emergency, you are responsible for contacting the appropriate authorities directly. By using this feature, you acknowledge and accept all risks associated with its limitations and potential for failure.

6. Third-Party Services and Links

The App may contain links to third-party websites or services, such as attractions, booking websites, hotels, and payment processors, that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party services. Your interactions with such third parties are solely between you and the third party.

7. Disclaimers and Limitation of Liability

The App is provided "as is" and "as available" without any warranties, expressed or implied. We do not guarantee that the App will be free from errors, interruptions, or viruses, nor do we guarantee the accuracy of any information provided through the App, including availability and pricing. To the maximum extent permitted by law, Tutai Limited shall not be liable for any direct, indirect, incidental, or consequential damages resulting from your use of or inability to use the App.

8. Indemnification

You agree to indemnify, defend, and hold harmless Tutai Limited and its affiliates, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the App or your violation of these Terms.

9. Termination

We reserve the right to suspend or terminate your account and access to the App at our sole discretion, without notice, for any reason, including but not limited to a breach of these Terms.

Part 2: Privacy Policy

This Privacy Policy explains how we collect, use, and protect your personal data. We are committed to complying with the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other applicable data protection laws.

1. Data Controller

Tutai Limited is the data controller of your personal data.

2. The Personal Data We Collect

We may collect and process the following types of personal data about you:

• Contact Data: Your name, email address, and phone number, used for account creation and communication.

• Emergency Contact Data: The names and email addresses of your designated emergency contacts.

• Travel Data: Information about your travel plans, including destinations, dates of travel, and preferences, used to provide personalized recommendations.

• Booking Data: Details of your flight, hotel, or car rental bookings, if provided.

• Identity Data: Information about your country of residence or countries you visit, as provided.

• Technical Data: Your IP address, device type, and operating system, used for analytics and to improve app performance.

• Usage Data: Information about how you use our App, used to enhance user experience.

• Location Data: Your real-time location, if you enable this feature, used to offer location-based services.

• Last Known Location: The location data at the time the optional Check-In feature is initiated.

3. How We Use Your Personal Data

We use your data to provide and manage services, to personalize your experience, for security and fraud prevention, and to communicate with you. We also share necessary personal data with third-party service providers.

4. Data Retention and Security

We retain your personal data only for as long as necessary to fulfill the purposes for which it was collected, including for legal, accounting, or reporting requirements. We implement appropriate technical and organizational security measures to protect your data from unauthorized access, disclosure, alteration, or destruction.

5. International Data Transfers

Your personal data may be transferred to, and processed in, countries outside of your country of residence, including the United States. We implement safeguards, such as Standard Contractual Clauses (SCCs), to ensure your data remains protected.

6. Your Data Protection Rights

Depending on your location, you may have the right to access, rectify, or erase your personal data. To exercise your right to erasure, please send an email to delete@tutai.app with the subject line "Data Erasure Request." If you are a California resident, you have the right to opt-out of the sale or sharing of your personal information. We may need to verify your identity before processing your request. Please contact office@tutai.app with any inquiries.

7. Children's Privacy

The App is not intended for use by children under the age of 18, and we do not knowingly collect personal data from children. If we become aware that we have collected personal data from a child without parental consent, we will take steps to delete that information.

Part 3: Cookies and Other Tracking Technologies

We use cookies and similar tracking technologies to enhance your experience, analyze app usage, and provide personalized content and advertisements. Cookies are small data files stored on your device that help us remember your preferences and improve functionality.

• Purpose of Cookies: We use both session cookies (which expire when you close the App) and persistent cookies (which remain on your device for a set period) for purposes such as authentication, security, and performance analytics.

• Your Choices: You can manage or disable cookies through your browser or device settings. Please note that some features of the App may not function properly if you disable cookies.

Part 4: General Provisions

1. Changes to this Agreement

We may update this agreement from time to time. The latest version will always be linked to in the App, and the effective date will be updated. We will notify you of any material changes.

2. Governing Law and Jurisdiction

This agreement shall be governed by the laws of New Zealand. Any disputes will be subject to the exclusive jurisdiction of the courts of New Zealand.

3. Severability

If any provision of this agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the agreement will otherwise remain in full force and effect.

4. Entire Agreement

This agreement constitutes the entire agreement between you and Tutai Limited and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, regarding the App.

5. Contact Us

If you have any questions about this agreement, please contact us at office@tutai.app