Terms of Service (Valenda.app)

Effective date: 1 February 2026

These Terms of Service (“Terms”) are an agreement between you (“you”, “Customer”) and Dmitry Dubrovskiy (sole trader) trading as “Valenda” (“Valenda”, “we”, “us”), operating from 3B Kaniere Place, Half Moon Bay, Auckland, New Zealand.

The Service is operated using infrastructure located in Australia. Your Content and Service data may be stored and processed in Australia.

IMPORTANT: The Service provides automated content analysis and recommendations only. It is not legal advice and does not provide legal promises or guarantees of compliance with any law, regulation, code, guideline, platform policy, or regulator interpretation.

1. Definitions

“Account” means a user account that provides access to the Service.

“Content” means any text, images, videos, ads, posts, landing pages, webpages, or other materials you submit to, upload to, store in, or connect to the Service for analysis.

“Report” means any output generated by the Service, including flags, risk indicators, explanations, suggested changes, and suggested rewrites.

“Service” means Valenda.app and related services provided by Valenda.

“Subscription” means a paid plan (including features, limits, billing period, and fees).

“Third-Party Services” means external services that may integrate with or support the Service (including social networks, ad platforms, and payment processors).

“Third-Party Processors” means third parties that process data to support the Service (including hosting providers and payment processors).

“Trial Period” means a limited period of free access offered at our discretion.

2. The Service

2.1 What we provide

The Service helps you review Content by detecting potentially risky patterns and generating recommendations (including suggested alternative wording).

2.2 What we do not provide

You acknowledge and agree that:

(a) Reports are automated and may be incomplete, outdated, or incorrect;

(b) we do not provide legal, medical, compliance, or professional advice;

(c) we do not represent or act on behalf of any regulator or authority;

(d) using the Service does not ensure, warrant, or guarantee compliance or any particular outcome.

3. No legal advice. No legal promises. No compliance guarantee

3.1 No legal advice

All information, suggestions, and rewrites are provided for informational purposes only and are not a substitute for independent professional advice.

3.2 No compliance guarantee

We do not warrant that your Content will comply with any requirements. Laws, guidance, enforcement priorities, and platform rules can change and may be interpreted differently depending on context.

3.3 Your responsibility

You are solely responsible for reviewing, approving, publishing, and ensuring compliance of your Content, and for any outcomes resulting from publishing or distributing your Content.

4. Eligibility and account security

4.1 Eligibility

You must have legal capacity to enter into these Terms. If you use the Service on behalf of an organisation, you confirm you have authority to bind that organisation.

4.2 Account security

You are responsible for safeguarding credentials and all activity under your Account. You must promptly notify us of any unauthorised use.

5. Customer Content and licence to process

5.1 Ownership

You retain all rights in your Content.

5.2 Licence to operate the Service

You grant Valenda a limited, non-exclusive, worldwide licence to host, process, transmit, and display your Content solely to provide, maintain, and improve the Service (including generating Reports, storing scan history, and enabling features you choose to use).

5.3 Feedback

If you provide feedback or suggestions, you grant us a non-exclusive, perpetual, irrevocable, royalty-free right to use it to improve the Service.

5.4 Aggregated and de-identified data

We may use aggregated and de-identified data derived from use of the Service to improve performance and product quality, in a way not intended to identify you or any individual.

6. Acceptable use

You must not:

(a) use the Service for unlawful, harmful, or fraudulent activities;

(b) submit Content you do not have rights to use;

(c) attempt to reverse engineer, bypass limits, interfere with, or disrupt the Service;

(d) introduce malware or attempt unauthorised access;

(e) use the Service to infringe third-party rights (including privacy, publicity, or intellectual property rights).

We may suspend or terminate access if we reasonably believe you have violated these Terms.

7. Third-Party Services, processors, and data location

7.1 Integrations and authorisation

If you connect Third-Party Services, you authorise us to access and process the data you permit through those services for the purpose of providing the Service.

7.2 No responsibility for third parties

Third-Party Services are not controlled by Valenda. We are not responsible for their availability, changes, outages, suspensions, API limitations, rate limits, pricing changes, or restrictions imposed by them.

7.3 Your relationship with third parties

Your use of Third-Party Services is governed by your agreements with those providers. You are responsible for maintaining any required permissions and credentials, and for complying with those third-party terms.

7.4 Hosting and data location (Australia)

You acknowledge and agree that the Service operates using infrastructure located in Australia and that your Content and Service data may be stored and processed in Australia.

7.5 Third-Party Processors (including payments)

To provide the Service, we may use Third-Party Processors (for example, hosting providers and payment processors).

8. Subscriptions, billing, taxes, cancellation, refunds

8.1 Pricing and plans

Plan information, pricing, and any included Trial Period are available at: https://valenda.app/pricing (or any updated pricing page we publish from time to time).

8.2 Currency

Fees are charged in the currency shown at checkout or on the applicable pricing page.

8.3 Taxes

Fees may be stated exclusive of taxes. If we are required to collect or remit taxes (including GST), they will be added where applicable. You are responsible for any taxes that apply to your purchase, except for taxes based on our income.

8.4 Billing and renewal

Subscriptions are billed in advance on a recurring basis (monthly or annually, as selected) and renew automatically unless cancelled before the renewal date. You authorise us and our payment processor to charge your payment method on each renewal.

8.5 Payment processing (Stripe)

Payments are processed by Stripe or another provider we designate from time to time. We do not intend to store full payment card numbers or card security codes on our systems.

8.6 Failed payments

If payment cannot be collected, we may suspend access until payment is received. We may retry charges and/or require an updated payment method.

8.7 Cancellation

You can cancel via your account settings (if available) or by contacting us at team@valenda.app. Cancellation takes effect at the end of the current billing period unless we state otherwise.

8.8 Refunds

Refund terms (if any) are described at: https://valenda.app/terms#refunds. That refunds policy is incorporated into these Terms by reference. Except where required by applicable law, fees are non-refundable.

9. Free trial (Trial Period)

9.1 Trial availability

Eligible paid plans may include one 21-day Trial Period per Customer. Trial availability, included features, and usage limits will be shown on the pricing page, at sign-up, or in the Service.

9.2 Payment method and automatic conversion

If a payment method is required to start the Trial Period, then unless you cancel before the Trial Period ends, the Trial Period will automatically convert to a paid Subscription and you will be charged the applicable Subscription fee for the next billing period.

If no payment method is required for the Trial Period, your access may end at the end of the Trial Period unless you actively upgrade to a paid Subscription.

9.3 One trial per customer

Unless we state otherwise, trials are limited to one per Customer (including substantially related organisations, workspaces, or accounts).

9.4 Trial limits and abuse

We may limit trial features, apply usage caps, and suspend trial access if we reasonably believe the Trial Period is being abused (including repeated sign-ups to avoid payment).

10. Intellectual property

We own and retain all rights in and to the Service, including software, models, templates, UI, branding, and documentation, excluding your Content. You must not copy, resell, distribute, or make available the Service or Reports except as permitted by your Subscription and these Terms.

11. Privacy

Our Privacy Policy is available at: https://valenda.app/privacy. You agree to our handling of information as described in that policy.

12. Service availability and support

12.1 Availability

We aim to provide a reliable Service, but we do not promise uninterrupted availability. The Service may be unavailable due to maintenance, updates, outages, third-party failures, or circumstances beyond our control.

12.2 Support

Support (if offered) is provided via team@valenda.app. We may change support channels and response times without creating any obligation or guarantee.

12.3 Not for emergencies

The Service is not designed for emergency use, clinical decision-making, or time-critical safety decisions.

13. Disclaimers

To the maximum extent permitted by law, the Service is provided on an “as is” and “as available” basis. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

14. Limitation of liability

14.1 No indirect loss

To the maximum extent permitted by law, Valenda is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunities.

14.2 Liability cap

To the maximum extent permitted by law, Valenda’s total aggregate liability arising out of or relating to the Service will not exceed the total fees actually paid by you for the Service in the three (3) months immediately preceding the event giving rise to the claim.

14.3 Mandatory rights

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under applicable laws that cannot be excluded.

15. New Zealand and Australia: mandatory consumer rights and business use

15.1 New Zealand (Consumer Guarantees Act 1993)

If you acquire the Service for the purposes of a business and the Service is supplied in trade, then, to the maximum extent permitted by section 43 of the Consumer Guarantees Act 1993, you agree that the Consumer Guarantees Act 1993 does not apply to the supply of the Service to you.

If you acquire the Service for personal, domestic, or household use, you may have rights under the Consumer Guarantees Act 1993, and nothing in these Terms is intended to exclude those rights where they cannot be excluded.

15.2 Australia (Australian Consumer Law)

If you are located in Australia or acquire the Service in Australia, you may have rights under the Australian Consumer Law that cannot be excluded. Nothing in these Terms is intended to exclude those rights where they cannot be excluded. Where permitted, our liability is limited in accordance with these Terms.

16. Indemnity

You agree to indemnify and hold Valenda harmless from claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of:

(a) your Content;

(b) your breach of these Terms;

(c) your violation of law or third-party rights;

(d) your use of the Service in a manner that is unlawful or violates these Terms.

17. Suspension, termination, and data retention

17.1 Termination by you

You may stop using the Service at any time and cancel your Subscription.

17.2 Suspension or termination by us

We may suspend or terminate access if you materially breach these Terms, fail to pay, or if required by law.

17.3 Effect of termination

Upon termination, your right to use the Service ends. Sections that by their nature should survive termination will survive (including disclaimers, limitation of liability, indemnity, and governing law).

17.4 Data retention

After termination, we may retain your data for a limited period for legal, security, audit, and backup purposes, and then delete or de-identify it in accordance with our practices, unless we are legally required to retain it longer.

18. Changes to the Service, Terms, and pricing

We may update the Service, these Terms, and pricing/plan features from time to time. If changes are material, we will provide notice (for example, via email or in-app). Continued use of the Service after the effective date of updated Terms means you accept the updated Terms.

19. Notices

19.1 Notices to Valenda

Legal notices to Valenda should be sent to team@valenda.app and may also be sent by post to:

Dmitry Dubrovskiy (sole trader) trading as Valenda
3B Kaniere Place, Half Moon Bay, Auckland, New Zealand.

19.2 Notices to you

We may send notices to the email address associated with your Account and/or through in-app notifications. You are responsible for keeping your contact details current.

20. Dispute resolution

Before starting court proceedings, the parties will use reasonable efforts to resolve disputes in good faith, including by providing written notice of the dispute and allowing a reasonable period to respond.

21. Governing law

These Terms are governed by the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the courts of New Zealand.

22. Miscellaneous

22.1 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a reorganisation or transfer of the Service.

22.2 Severability

If any provision is held invalid or unenforceable, the remaining provisions will remain in full force.

22.3 Waiver

A waiver is effective only if in writing. Failure to enforce a provision is not a waiver.

22.4 Entire agreement

These Terms (and any policies expressly incorporated by reference) are the entire agreement between you and Valenda regarding the Service and supersede any prior discussions or agreements.

23. Contact

Questions about these Terms: team@valenda.app

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