Terms of Service
Last updated: 8 March 2026 · Governing law: New Zealand
By creating an account or using Ascend, you agree to these terms. We've written them in plain language. There are no dark patterns, no automatic consent to things you'd object to, and no clauses that sign away your rights to your own data.
The short version
Your data is yours. You can cancel at any time. We will not use your workspace to train AI models or sell your information. We will notify you before any meaningful change to these terms. The full detail is below — but that's the spirit of it.
1.Who These Terms Apply To
These Terms of Service ("Terms") form a binding agreement between you (an individual or organisation accessing Ascend) and OptivationAI, operating in New Zealand ("we", "us", "our"). By signing up for or using Ascend, you agree to these Terms in full.
If you are using Ascend on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms.
2.The Service
Ascend is a professional workspace platform providing project databases, task management, time tracking, invoicing, and a unified inbox — designed for consultants, agencies, and independent practitioners.
We provide the service "as is" and "as available". While we maintain high uptime targets and take reliability seriously, we cannot guarantee uninterrupted or error-free service. We will communicate planned maintenance windows and unplanned outages through your account dashboard and registered email address.
We treat your uptime seriously
As a small, dedicated team, we take platform reliability personally. Any unplanned downtime is a priority incident for us — not a statistic. We commit to communicating clearly and transparently when issues occur, including root cause information once resolved.
3.Your Account
You must provide accurate registration information and keep it current. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.
You must notify us immediately at hello [at] optivationai.com if you suspect unauthorised access to your account.
You must be at least 18 years of age, or the age of majority in your jurisdiction, to create an account. Ascend is a professional business tool and is not designed for or directed at minors.
4.Your Content & Ownership
You own your data. All content, databases, records, files, and information you create within Ascend ("Your Content") remains your property. We claim no ownership over it.
You grant OptivationAI a limited, non-exclusive, revocable licence to store, process, and display Your Content solely for the purpose of providing the Ascend service to you. This licence ends when you delete the content or close your account.
You are responsible for ensuring that Your Content does not infringe the intellectual property rights of third parties, violate any applicable law, or contain harmful, offensive, or illegal material.
We do not claim ownership of your work
Unlike some platforms, we do not retain any claim over content you create in Ascend after your account is closed. Your workspace is yours. You can export it entirely at any time, and deletion removes it from our systems on the schedule outlined in our Privacy Policy.
5.Subscription, Billing & Cancellation
Ascend offers two paid plans — "Solo" and "Studio" — each starting with a 30-day free trial that does not require a credit card. Paid plan fees are billed monthly or annually in advance, depending on your selection at checkout. Metered usage (AI tokens above your plan's allowance, file storage above your plan's quota, additional Studio seats) is calculated at the end of each billing cycle. All prices are listed in US Dollars (USD) and are inclusive of applicable taxes where required by law.
Cancellation: You may cancel your paid subscription at any time from your account settings. Your subscription will remain active until the end of the current billing period. We do not offer prorated refunds for partially used billing cycles.
Price changes: We will give you a minimum of 30 days' written notice before any increase to your subscription price. You may cancel during this notice period without penalty if you do not accept the new pricing.
Refunds: If you experience a material service failure or billing error attributable to us, please contact us within 30 days and we will review and resolve it promptly — including issuing a refund where appropriate.
No surprise price increases
We will never quietly raise your subscription price. Any price change comes with at least 30 days' notice and the right to cancel during that window. Features you signed up for will not be moved to a higher tier to force an upgrade.
6.Acceptable Use
You agree to use Ascend only for lawful business purposes and in ways that do not interfere with the platform's availability or integrity for other users.
The following are expressly prohibited:
- Reverse-engineering, decompiling, or disassembling any part of the Ascend platform
- Executing automated scripts, scrapers, or bots against Ascend APIs without prior written consent
- Uploading or transmitting malicious code, viruses, or any content that disrupts the service
- Attempting to gain unauthorised access to other accounts, systems, or infrastructure
- Using Ascend to process or store content that is illegal, defamatory, or in violation of third-party rights
- Reselling, sublicensing, or commercially distributing access to Ascend without a written reseller agreement
We reserve the right to suspend or terminate accounts that breach these provisions, with or without prior notice depending on severity.
7.Intellectual Property
The Ascend platform, including its software, interface designs, trademarks, and underlying technology, is owned by OptivationAI and protected under New Zealand and applicable international intellectual property law.
You are granted a limited, non-exclusive, non-transferable licence to access and use Ascend for your own business purposes in accordance with these Terms. Nothing in these Terms transfers any intellectual property rights in the platform to you.
8.AI Features & Data Processing
Ascend includes AI-powered features ("AI Advisor"). By using these features, you acknowledge that content submitted as part of those interactions will be processed by our AI infrastructure to generate a response.
We use AI API providers with contractual zero-retention policies: processed content is not stored or used to train any AI models by those providers. Refer to our Privacy Policy for full details.
9.Limitation of Liability
To the maximum extent permitted by New Zealand law, OptivationAI's total liability to you for any claim arising from these Terms or the use of Ascend shall not exceed the fees you have paid to us in the 12 months preceding the claim.
We are not liable for any indirect, incidental, consequential, or punitive damages, including but not limited to lost profits, lost data, or business interruption — whether foreseeable or not.
Important limitation
Nothing in these Terms limits our liability for death, personal injury, fraud, or any matter which cannot be excluded under applicable New Zealand consumer protection law, including the Consumer Guarantees Act 1993 where applicable.
10.Indemnity
You agree to indemnify and hold OptivationAI, its officers, and employees harmless from any claims, losses, or demands (including legal fees) arising from: (a) your use of Ascend in breach of these Terms; (b) Your Content infringing a third party's rights; or (c) your violation of any applicable law.
11.Governing Law & Dispute Resolution
These Terms are governed by the laws of New Zealand. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New Zealand.
Before commencing any formal proceedings, both parties agree to attempt resolution in good faith by first notifying the other party in writing of the dispute and allowing 30 days to reach a negotiated resolution.
We'd rather resolve disputes directly
If something has gone wrong, please contact us first. As a small team, we are accessible and motivated to resolve issues fairly without the need for formal processes. We commit to engaging in good faith on any dispute you raise.
12.Changes to These Terms
We may update these Terms from time to time to reflect changes in the law, our business practices, or the features we offer. When we make material changes, we will:
- Notify you by email to your registered address at least 14 days before the change takes effect
- Display a notice within the Ascend platform
- Update the "Last updated" date at the top of this page
If you do not agree to the updated Terms, you may close your account and export your data before the effective date.
No silent updates
We will never quietly update these Terms in a way that affects your rights without telling you directly. Meaningful changes come with advance notice and the right to exit without penalty.
13.Termination
By you: You may close your account at any time from your account settings. Following closure, we will delete your workspace data in accordance with our Privacy Policy.
By us: We may suspend or terminate your account if you materially breach these Terms, subject to providing reasonable notice except in cases involving security, illegal activity, or serious harm to the platform or other users.
14.Contact
For any questions about these Terms, please contact:
OptivationAI
Nelson, New Zealand
hello [at] optivationai.com