Legal
These terms apply to the entire contents of the site, to any web feeds produced by the site, and to any feedback or submissions provided through the site. By viewing and using the site, you will be deemed to agree to these Terms Of Use.
These Terms were last updated on 21st April 2026.
Welcome to VoiceQ, a voice dubbing software solution owned and operated by Kiwa Digital Limited, a limited liability company registered in New Zealand with its registered office at Generator, 12 Madden St,Auckland 1010 (Kiwa, we, us or our). In these Terms, any person who subscribes to, accesses, or uses, any VoiceQ Services is referred to as Subscriber, you or your.
These Terms set out our, and your, rights and obligations in relation to the Subscription Services, Support Services andConsultancy Services that we provide to you in relation to VoiceQ, as well as any access to or use of the VoiceQ Website, including any web feeds produced by, and any feedback or submissions provided through, the VoiceQ Website (together theVoiceQ Services). Please read these Terms carefully before subscribing to use, accessing or using the VoiceQ Services. By subscribing to, accessing or using the VoiceQ Services you agree to follow and be bound by these Terms including our Privacy Policy
https://www.voiceq.com/legal/eula
. If you cannot agree to everything contained in these Terms, you must not access or use the VoiceQ Services.
These Terms may be varied by us at any time, effective upon the posting of modified terms on https://www.voiceq.com or any other URL address operated by us from time to time (the VoiceQ Website) or as otherwise notified to you in writing(including by email). You will ensure that you have read, understood and agreed to the most recent version of the Terms.
| 1.1 | In consideration for payment of the monthly, annual or perpetual (as applicable) subscription fee set out on the VoiceQ Website or as otherwise agreed with you (Subscription Fee), we grant you a non-exclusive, revocable, non-sublicensable, and non-transferable right to: (a) in respect of our on-premise products, download, install and use those products; (b) in respect of our cloud products, access and use those products; (c) access and use the documentation (if any) we make available to you through our on-premise software products and cloud products that you elect to subscribe to via the VoiceQ Website or by contacting us directly, and any features, technologies or functionality provided by those products or services, as offered by us from time to time (Subscription Services), which sets out a description of the Subscription Services and the user instructions for the Subscription Services (Documentation); and (d) permit any authorised employee, contractor, officer or agent of yours (Authorised User) in respect of whom you have purchased a licence to use the Subscription Services (Subscription) to access and use the Subscription Services and the Documentation as set out in (a) – (c) above, solely for your own internal business purposes and during the relevant Subscription Period, all on the terms and conditions set out in these Terms. |
| 1.2 | You acknowledge and agree that: (a) you will be responsible for determining which of your Authorised Users can access and use the Subscription Services, and you acknowledge that we will not be responsible for your use, or inability to use, the Subscription Services arising out of or in connection with any act or omission of your Authorised Users; (b) you will ensure that Authorised Users comply with these Terms and such other terms and conditions as we may notify to you in writing from time to time; and (c) any act or omission of Authorised Users relating to the use of the Subscription Services will be treated as your act or omission. We may terminate any Subscription you have purchased in respect of an Authorised User if we consider that that Authorised User is in breach of these Terms or has put you in breach of these Terms. |
| 1.3 | You will and, where applicable, will procure that your Authorised Users will: (a) comply with all applicable laws with respect to your use of VoiceQ Services; (b) keep secure and confidential logins and passwords for access to and use of the Subscription Services and Documentation; (c) use all reasonable endeavours to prevent any unauthorised access to, or use of, the Subscription Services and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify us; (d) allow us on reasonable notice to access your IT systems and/or records for the sole purpose of auditing your or your Authorised Users’ use of the Subscription Services to establish whether the Subscription Services are being used in accordance with these Terms. In addition, we may remotely monitor your (and your Authorised Users’) use of the Subscriber Services to verify compliance with these Terms; (e) promptly disable any login account if we discover (through undertaking the audits referred to in clause 1.3(d)) that any login details have been provided to any third party; (f) on demand, pay to us an amount of any underpayment of Subscription Fees discovered by us through undertaking the audits referred to in clause 1.3(d); and (g) ensure that your network and systems comply with the relevant specifications as may be specified by us from time to time. |
| 1.4 | You will be solely responsible for: (a) procuring and maintaining all facilities required to use the Subscription Services, including devices, computer hardware, network connections and telecommunications links from your systems to our data centres; and (b) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet. |
| 1.5 | You will not and, where applicable, will ensure that your Authorised Users do not: (a) use, or permit the use of, the Subscription Services and/or Documentation for any purpose other than your internal business purposes; (b) copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Subscription Services and/or Documentation (as applicable) in any form or media or by any means, except as expressly permitted under these Terms or as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties; (c) reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Subscription Services, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties; (d) access all or any part of the Subscription Services and Documentation in order to build a product or service which competes with the Subscription Services and/or the Documentation; (e) remove, disable, circumvent, or undermine the integrity or security of the Subscription Services or any systems, networks or resources used in the provision of the Subscription Services; (f) obtain unauthorised access to any information or materials other than those to which you have been given express permission to access as part of the Subscription Services; (g) make the Subscription Services and/or Documentation available to any third party (other than to Authorised Users in accordance with these Terms); (h) access, store, distribute or transmit any viruses, worms, trojan horses or other malicious code; or (i) attempt to do any of the things specified in paragraphs (a) to (h) above. |
| 1.6 | We may, immediately, without liability and without limiting our other rights and remedies, disable or otherwise suspend some or all of your (or your Authorised User’s) access to the Subscription Services if you are in breach of clauses 1.3 or 1.5. We will restore your access after you resolve the breach giving rise to the restriction of access. Subscription Fees apply and remain payable during the period of any such restriction. |
| 1.7 | You acknowledge that we may regularly upgrade and update the Subscription Services and that the Subscription Services may continually evolve. Some of these changes will occur automatically, while others may require you to schedule and implement the changes. You will, where required, upgrade your software and/or devices in order to make efficient use of the Subscription Services. We will provide you with reasonable notice of any such changes. |
| 2.1 | If you pay for the Subscription Services on a monthly or annual basis (or we otherwise agree), we will provide you with reasonable remote technical support and assistance on days other than a Saturday, Sunday or public holiday in Auckland, New Zealand (Business Day) during the hours of 8.00 am to 8.00 pm New Zealand Standard Time (Business Hours) in respect of any support requests made by an Authorised User via email to support@kiwa.com or via the online form at https://www.voiceq.com/contact (Support Services). We will endeavour to respond to support requests submitted in accordance with this clause within 48 Business Hours of receiving that support request. Unless expressly stated otherwise or where you have purchased a perpetual licence, the fee for the Support Services is included in the Subscription Fees. |
| 3.1 | We may agree to provide you with training, implementation or consultancy services in respect of your use of the Subscription Services (Consultancy Services). The specific terms and pricing applicable to our provision of Consultancy Services will be agreed in a separate agreement between you and Kiwa (Statement of Work). Any Statement of Work will form part of and be governed by these Terms. |
| 4.1 | You have sole responsibility for the legality, reliability, integrity, accuracy and quality of the data inputted or provided by you or your Authorised Users for the purpose of using the VoiceQ Services, or facilitating your use of the VoiceQ Services (Your Data). |
| 4.2 | Each party will take appropriate technical and organisational measures against unauthorised or unlawful processing of Your Data or its accidental loss, destruction or damage. In respect of our cloud services, we will use reasonable endeavours to back-up Your Data. You acknowledge that if there is any loss or damage to Your Data, your sole and exclusive remedy will be for us to use reasonable commercial endeavours to restore such lost or damaged data from the latest back-up of Your Data maintained by us. We will not be responsible for any loss, destruction, alteration or disclosure of Your Data caused by any third party. |
| 4.3 | You acknowledge and agree that we may use Your Data for the purpose of: (a) performing our obligations under these Terms; (b) ensuring that you are complying with these Terms; (c) improving or enhancing the Subscription Services; (d) performing data analysis on an aggregated and anonymous basis, provided that we comply with our confidentiality obligations under clause 7. |
| 4.4 | If you or your Authorised Users provide us with personal information, then our Privacy Policy applies. Please read the Privacy Policy carefully as it forms a part of these Terms. You: (a) permit us to collect, hold, use, store and share your personal information in accordance with our Privacy Policy; (b) agree to provide the following information to Authorised Users in writing prior to disclosing their personal information to us: “As part of your use of the VoiceQ services, Kiwa Digital Limited (of 12 Madden St, Auckland 1010, New Zealand) indirectly collects your personal information from us and Kiwa’s Privacy Policy (found at https://kiwadigital.com/privacy-policy/) applies to how Kiwa collects, holds, uses, stores and shares your personal information. If you have any questions about how Kiwa uses your personal information, please contact Kiwa by sending an email to info@voiceq.com”; and (c) will, upon request, provide evidence to Kiwa that you have complied with clause 4.4(b). |
| 5.1 | You will pay the Subscription Fees for the Subscription Services and Support Services, in advance, on a monthly, annual or one-off basis as specified on the VoiceQ Website in respect of the Subscription Services. You will pay any fees for Consultancy Services set out in a Statement of Work on the 20th of the month following the date of an invoice from us. Unless otherwise agreed in writing, all fees will be charged to your nominated debit or credit card on the due date for payment and are non-refundable. |
| 5.2 | If you fail to pay any fees when due, then (without prejudice to any of our other rights and remedies) we may, without liability to you, disable access to all or part of the Subscription Services, cease providing any Support Services or Consultancy Services, and will be under no obligation to provide any or all of the VoiceQ Services while the outstanding fees remain unpaid. |
| 5.3 | All amounts stated or referred to in these Terms are exclusive of value added or goods and services tax (if any), and unless otherwise stated, are in United States dollars. If you are required by law to deduct or withhold taxes or charges from the amounts due to us under these Terms, you will ensure that the amount due to us is increased so that the payment actually made to us equals the amount due to us as if no such taxes or charges had been imposed. |
| 5.4 | 5.4 We may change the Subscription Fees effective at the commencement of the next Subscription Period by giving you at least 45 days’ written notice prior to the end of your then current Subscription Period. |
| 5.5 | 5.5 If you are carrying out a free trial of the Subscription Services (as offered on the VoiceQ Website), the free trial will begin on the day that you subscribe for the trial and end 10 days later (or on such other end date as we agree with you). You are limited to one Subscription per Authorised User as part of any free trial. If you wish to continue to use the Subscription Services at the end of the free trial period, you will need to provide us valid credit card details and pay the relevant Subscription Fees. |
| 6.1 | You acknowledge and agree that we and/or our licensors own all intellectual property rights including any patents, registered designs, utility models, trade marks (including logos and trade names), domain names, copyright, rights in computer software and databases, know-how and trade secrets, image and personality rights (including all things recording that intellectual property), in each case whether registered, in the course of being registered or unregistered and any analogous rights worldwide (Intellectual Property Rights) in the: (a) VoiceQ Services (except Your Data); and (b) Documentation, together with all modifications, enhancements and other developments to the VoiceQ Services and the Documentation (whether or not recommended or suggested by you). Except as expressly stated in these Terms, these Terms do not grant you any rights to, or in, the Intellectual Property Rights, or any other rights or licences, in respect of the VoiceQ Services or the Documentation. |
| 6.2 | You may provide us with comments, suggestions and other feedback regarding the VoiceQ Services or the Documentation, including but not limited to usability, missing features, functional errors, and bug reports (Feedback). You agree that we may use any Feedback you provide to us for any purpose and without compensation of any kind to you, and we will be the sole owner of any and all software, documentation, improvements or other items we develop that may relate to such Feedback. |
| 6.3 | You own the Intellectual Property Rights in Your Data. You grant, or will procure that your licensors grant, to us a royalty-free and non-exclusive right to access, use, modify and store Your Data to perform our obligations and exercise our rights under these Terms. |
| 6.4 | This clause 6 will survive expiry or termination of these Terms. |
| 7.1 | Except as expressly permitted in these Terms, you and we both agree to: (a) not use the other party’s confidential information for any purpose other than complying with these Terms; and (b) take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. |
| 7.2 | If required by law or any regulatory authority, you or we may share each other’s confidential information as required. We may also publicly refer to or publicise your use of the Subscription Services to promote the VoiceQ Services, including: (a) your business name; (b) the names of Authorised Users who used the Subscription Services; (c) the Subscription Services that you or your Authorised Users use, and how the specific Subscription Services that you subscribe to have been used by you; (d) the name of projects in respect of which you have used the Subscription Services; (e) the specific parts or aspects of your projects that have used or relied on the Subscription Services; (f) the quantitative and qualitative value our Subscription Services have added to your project(s); and (g) by resharing on our website or social media any social media posts you make relating to your use of the Subscription Services or any project in respect of which you have used the Subscription Services. |
| 7.3 | This clause 7 will survive expiry or termination of these Terms. |
| 8.1 | The VoiceQ Services and the Documentation are provided on an “as is” basis. To the maximum extent permitted by law, we exclude all representations, conditions or warranties (whether express or implied, statutory or otherwise, and including warranties of merchantability and fitness for a particular purpose) in respect of the VoiceQ Services and Documentation. |
| 8.2 | You and we acknowledge and agree that the VoiceQ Services provided under these Terms are being provided and acquired in trade and, to the extent permitted by law, you and we are contracting out of the New Zealand Consumer Guarantees Act 1993 and sections 9, 12A, 13, and 14(1) of the New Zealand Fair Trading Act 1986. |
| 8.3 | Without limiting clauses 8.1 and 8.2, we do not warrant: (a) that your or your Authorised Users’ use of, or access to, the VoiceQ Services will be uninterrupted or error-free; (b) that the VoiceQ Services, Documentation and/or the information obtained by you through the VoiceQ Services will: (i) always be available, either in its current form or at all; or (ii) meet your or any Authorised Users’ requirements; (c) that we will support, maintain or continue to offer the VoiceQ Services; or (d) that the Subscription Services will be secure or free from viruses, worms, trojan horses or other malicious code. |
| 8.4 | You acknowledge that the Subscription Services may include data, services or applications from third parties (Third Party Products), which may be subject to terms and conditions and privacy notices of their providers. We will not be responsible for any delays, delivery failures, or any other loss or damage arising out of or in connection with any Third Party Products including any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet. |
| 8.5 | You will indemnify us against all costs, losses, expenses and damages that we incur arising out of or in connection with any claims against us resulting from: (a) your, and Authorised Users’, use of the VoiceQ Services, the Documentation or any Third Party Products; or (b) any breach by you or your Authorised Users of these Terms. |
| 8.6 | To the maximum extent permitted by law and subject to clause 8.7: (a) neither party will be liable to the other party under the law of tort, contract or otherwise for any loss of profits, loss of revenue, loss of data, or any indirect, consequential or special loss or damage suffered or incurred by the other party, however caused, arising out of or in connection with these Terms; and (b) subject to paragraph (a) above, each party’s liability to the other party for any and all claims under or in connection with these Terms will not exceed in aggregate an amount equal to the Subscription Fees actually paid by you to us in the three months prior to time the liability arises. |
| 8.7 | Nothing in clause 8.6 limits: (a) your liability under the indemnity in clause 8.5; (b) your liability for a breach of clauses 1.3, 1.5, or 4.4(b); (c) your liability for a breach of our Intellectual Property Rights; or (d) either party’s liability for negligence, wilful breach of these Terms, or fraud. |
| 9.1 | Each Subscription continues for the period covered by the Subscription Fee paid or payable in respect of that Subscription as set out on the VoiceQ Website or as otherwise agreed with us (Subscription Period). At the end of a Subscription Period, the Subscription will continue for a further period of the same duration provided you pay the applicable Subscription Fee in respect of that further period. You can terminate a Subscription at any time by submitting a request via our cancellation form at https://www.app.voiceq.com/cancel and providing us with at least 10 days’ prior written notice. |
| 9.2 | We may terminate the Subscription Services or Consultancy Services: (a) at the end of your then current Subscription Period by providing you with written notice at least 30 days prior to the expiry of your then current Subscription Period; (b) at any time on 60 days’ prior written notice to you, in which case we will refund any Subscription Fees pre-paid to us for unused Subscription Services; and (c) immediately, along with your access to all or any of Your Data, if you fail to pay the Subscription Fees when due. |
| 9.3 | Either party may terminate the Subscription Services or Consultancy Services if the other party: (a) is in material breach of these Terms or a Statement of Work and, where the breach is capable of remedy, fails to remedy such breach within 14 days of receiving notice from the other party specifying the breach and requiring it to be remedied; or (b) goes into liquidation or has a receiver or statutory manager appointed of any of its assets, becomes insolvent or makes any arrangement with creditors. |
| 9.4 | On termination of the Subscription Services or the Consultancy Services for any reason: (a) you will pay all relevant Subscription Fees and fees for Consultancy Services provided up to and including the effective date of termination; (b) all licences granted under these Terms will immediately terminate and you must cease, and must ensure that your Authorised Users cease, using the VoiceQ Services and the Documentation; (c) each party will return, and make no further use of property, software, Documentation and other items (and all copies of them) belonging to the other party; (d) we may delete any of Your Data in our possession unless we receive, no later than 10 days after the effective date of the termination, a written request for access to the most recent version of Your Data in our possession. We will use reasonable commercial endeavours to allow you to export Your Data in a format specified by us within 30 days of your receipt of such a written request, provided all Subscription Fees and other fees outstanding at and resulting from termination (whether or not due at the date of termination) have been paid. Following this 30 day period we may then delete any of Your Data in our possession; and (e) the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, will not be affected or prejudiced. |
| 10.1 | If a dispute arises out of or relates to these Terms (Dispute), a party may not commence any court or arbitration proceedings relating to the Dispute unless it has complied with the following terms of this clause 10, except where the party seeks urgent interlocutory relief. |
| 10.2 | A party claiming the Dispute has arisen must give written notice to the other party specifying the nature of the Dispute. |
| 10.3 | On receipt of that notice, the parties will use all reasonable endeavours to resolve the Dispute by discussion, consultation, negotiation or other informal means. |
| 10.4 | If the Dispute is not resolved within 15 Business Days of the notice being given pursuant to clause 10.2 (or within such further period agreed in writing by the parties), either party may, by giving written notice to the other party, require the Dispute to be determined by the arbitration of a single arbitrator. The arbitrator will be appointed by the parties or, failing agreement within five Business Days of the notice requiring arbitration, by the President of the New Zealand Law Society on application of either party. The arbitration will be conducted as soon as possible and in accordance with the provisions of the Arbitration Act 1996. |
| 11.1 | These Terms and any Statements of Work constitute the entire agreement of the parties about its subject matter and supersedes any previous understanding or agreements on that subject matter. In the event of any conflict or inconsistency between these Terms and a Statement of Work, these Terms will prevail. |
| 11.2 | We may sub-contract any of our obligations under these Terms without obtaining your prior consent. |
| 11.3 | We will not be liable to you for any failure or delay to perform any of our obligations under these Terms if the failure or delay arises out of any event or circumstance beyond our reasonable control. |
| 11.4 | These Terms will not be deemed to create a partnership, joint venture or agency relationship of any kind between the parties. |
| 11.5 | If any part or a provision of these Terms is judged invalid or unenforceable in a jurisdiction, it is severed for that jurisdiction and the remainder of these Terms will continue to operate. |
| 11.6 | A provision or a right under these Terms may not be waived except in writing signed by the party granting the waiver. |
| 11.7 | You will not assign, transfer or otherwise deal with any Subscription or these Terms, or any of your rights or obligations under these Terms, whether in whole or in part, without our prior written consent. |
| 11.8 | Any notice you send to us must be sent to info@kiwadigital.com. Any notice we send to you will be sent to the email address you provided when you subscribed for the VoiceQ Services. Any notice will be deemed to be received when the email is sent, provided that: (a) the sender can demonstrate that the email was sent to the correct email address of the recipient; and (b) no error message was received by the sender to indicate that the email did not reach its intended destination. However, if the notice is delivered after 5.00pm or on a non-Business Day, then it will be deemed not to be received until 9:00am on the next Business Day. |
| 11.9 | These Terms will be governed by and construed in accordance with the laws of New Zealand. If you wish to bring any claim or other action against us arising out of or in connection with these Terms, then you must bring that claim or other action against us in New Zealand. |
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