What Kaha Create Does: We're an Aotearoa, New Zealand owned platform that helps you turn your knowledge into actionable learning content using AI-powered tools. You can record or upload videos and automatically create short-courses, training material, and share your expertise in knowledge hub of your own while maintaining the integrity of the knowledge you’ve shared.
Your Content Ownership: You own everything you create. We don't claim ownership of your videos, courses, or cultural knowledge. You decide how to share and monetise your content.
Cultural Protection: We take cultural integrity and protections seriously, especially for Māori knowledge and other indigenous content. You control access to culturally sensitive material, and we provide tools to help protect restricted knowledge.
AI Tools: Our AI helps with editing and learning resource generation, but you retain ownership of both what you put in and what comes out. Your content is never used to train our AI models.
Money Matters: As a creator, you keep what you earn from paid content. When learners pay for your courses, we charge platform fees that vary by your subscription tier (free accounts have higher fees than paid subscriptions). All current fees are clearly shown on our Pricing Page. Free content has no platform fee other than your regular subscription fee. You can give your resources away as free and koha-based content or charge a set fee. You can also choose other methods of reciprocation, such as asking your learners for a commitment to share the knowledge you've shared with them. GST is collected and remitted as required by New Zealand law.
Your Data: We store your information using industry-leading security with AWS infrastructure, following New Zealand privacy laws. Where possible, we give you choice over data location. We don't sell your data or use it for purposes you haven't agreed to.
Getting Help: If something goes wrong, we'll work with you to fix it. For disputes, we prefer talking it through, then mediation, then arbitration under New Zealand law.
Account Changes: You can cancel anytime. We may suspend accounts for policy violations but will give you fair notice and opportunity to respond.
The full detail of the conditions of taking part in the knowledge sharing on Kaha Create is below, but its important to understand our values first.
Sharing Knowledge with Aroha and Manaakitanga
At Kaha Create, we believe knowledge is a taonga (treasure) meant to be shared with aroha (love and compassion) and manaakitanga (genuine care for others). When you share your knowledge on our platform, you're welcoming learners into your world of expertise with the same care you'd show a guest in your home.
What This Means:
Share with Aroha:
Your content comes from a genuine desire to help and uplift others
You're sharing knowledge that you believe will benefit your learners
You care about the impact your knowledge has on those who receive it
Practice Manaakitanga:
You're welcoming learners with respect and consideration for their wellbeing
You take care to share information that's as accurate and helpful as you can make it
You consider how your knowledge might affect different people and communities
You honor the trust learners place in you by accessing your expertise
In Practice:
Be honest about what you know and the limits of your knowledge
Share information you genuinely believe will help, not harm
Respect cultural boundaries and community protocols
Take responsibility for the quality and appropriateness of what you share
Remember that people may make important decisions based on your knowledge
Our Community Promise: When knowledge is shared with aroha and manaakitanga, everyone benefits. Creators feel proud of their contribution, learners receive valuable insights, and our community grows stronger together.
Not Welcome Here: Content shared to mislead, exploit, or harm others goes against our core values and isn't welcome on Kaha Create.
1.1 Agreement Formation
These Terms of Service ("Terms") constitute a binding agreement between you ("User," "Creator," or "you") and Kaha Create Limited ("Kaha Create," "we," "us," or "our"), a company incorporated in New Zealand. By accessing or using our platform, you accept these Terms and our Privacy Policy.
1.2 Key Definitions
"Content" means all text, videos, audio, images, courses, and other materials you upload or create
"Cultural Content" means knowledge, practices, expressions, or materials connected to Māori, indigenous, or other cultural traditions
"AI Tools" means our artificial intelligence features for content editing, quiz generation, and enhancement
"Platform" means the Kaha Create website, applications, and services
"Services" means all features, tools, and functionality we provide
1.3 Electronic Agreement
By clicking "I Accept" or using our Services, you agree to these Terms through electronic signature under New Zealand's Contract and Commercial Law Act 2017. This electronic acceptance is valid and binding.
2.1 Your Content Ownership
You retain complete ownership of all intellectual property rights in Content you create or upload. We do not claim ownership of your videos, courses, cultural knowledge, or other materials. This ownership principle aligns with our commitment to creator empowerment and cultural sovereignty.
Section 2.2 License Grant to Kaha Create
You grant us a limited, non-exclusive, worldwide license to:
Host, store, and display your Content through our Services only in the locations and to the audiences you specifically choose - you maintain full control over where your content appears, and we will not share your content with anyone you have not explicitly authorized
Process your Content using our AI Tools as directed by you
Enable sharing according to your chosen privacy and access settings
Create aggregated, anonymised analytics to improve our Services
Use your Content for platform promotional purposes only with your explicit written consent - please note that agreeing to these Terms of Service does not constitute this written consent. We will contact you separately to request specific permission if we ever wish to use your content for promotional purposes
2.3 AI-Generated Content Ownership and Disclaimers
When you use our AI Tools:
You own both the input you provide and the output generated
AI-generated content is considered your Content subject to these Terms
Your content is never used to train our AI models or improve our AI systems
You acknowledge that artificial intelligence and machine learning technologies may produce output that is inaccurate, unreliable, inappropriate, infringing, or otherwise unsuitable. You are able to edit, delete, remove any and all AI generated output.
You are responsible for reviewing and ensuring accuracy of AI outputs
You must not represent AI-generated content as entirely human-created when asked directly
2.4 Cultural Content Special Protections
For Cultural Content, additional protections apply:
You confirm you have appropriate authority to share cultural or collective knowledge
Community consent requirements take precedence over individual decisions where applicable - these are worked through on a case by case basis
Traditional Knowledge Labels may be applied to indicate appropriate use, access restrictions, and cultural protocols (this feature is planned for future implementation)
Commercial use of Cultural Content requires explicit community or collective permission where traditional protocols apply, we will ask you this explicitly when creating content
Attribution requirements respect both individual creators and community ownership
Community and Collective Knowledge Precedence: Where knowledge, practices, or content belongs to a community, collective, iwi, hapū, whānau, or other group, the collective's ownership and authority over that knowledge takes absolute precedence over any individual claims. These collective rights exist independently of and prior to these Terms of Service. If an individual user shares content without proper collective authority, or falsely claims individual ownership of collectively-owned knowledge, we will defer to and uphold the legitimate collective ownership and may remove content, transfer control, or take other appropriate action as determined by the rightful collective owners. Nothing in these Terms creates, transfers, or diminishes pre-existing collective or community rights to cultural knowledge.
3.1 Cultural Responsibility Framework
Kaha Create operates under principles of cultural integrity, recognising the special status of Māori as tangata whenua and respecting all indigenous knowledge systems. We commit to supporting culturally appropriate sharing and protection of traditional knowledge.
3.2 Māori Data Sovereignty
We recognise Māori data sovereignty principles and rights. Our full Māori Data Sovereignty Framework is available at [PLACEHOLDER: /maori-data-sovereignty-framework] and forms part of these Terms for all Cultural Content.
3.3 Cultural Content Protections
Users sharing Cultural Content may:
Apply access restrictions based on cultural protocols
Require community consent for certain content sharing
Designate content as sacred, restricted, or community-only
Use Traditional Knowledge Labels to indicate appropriate use*
Choose preferred data storage location to meet cultural sovereignty requirements
Request ongoing connection to their knowledge by receiving updates on learner engagement and usage
Revoke sharing permissions if cultural protocols are violated
Access guided confirmation processes during content setup to verify appropriate permissions for cultural or collectively-owned knowledge
3.4 Māori Knowledge Specific Provisions
In recognition of Te Tiriti o Waitangi and Māori cultural rights:
Māori creators maintain tino rangatiratanga over their cultural knowledge
Community consultation processes are supported for collective cultural decisions
Whakapapa-based access controls will be available for appropriate content
Te reo Māori content receives special protection against misuse
3.5 Cultural Sensitivity Requirements
All Users must:
Respect cultural protocols associated with shared content
Not appropriate or misuse cultural knowledge without permission
Report inappropriate use of Cultural Content through our reporting system
Participate in cultural competency guidance when accessing sensitive materials
3.5 Cultural Verification Process
During content creation, users sharing Cultural Content will be guided through:
Confirmation of their authority to share the specific knowledge
Review of any collective or community ownership considerations
Selection of appropriate cultural protocols, reciprocation approach and access restrictions
Choice of data residency preferences for cultural sovereignty
Options for ongoing connection and monitoring of knowledge use
4.1 Privacy Act 2020 Compliance
We collect and process personal information in accordance with New Zealand's Privacy Act 2020. This section provides explicit notice of our data collection purposes, use, and disclosure practices.
4.2 Information We Collect
Personal Information:
Account details: name, email address, profile information
Content: videos, audio, text, and metadata you upload
Usage data: how you interact with our platform
Payment information: billing details for paid services
Technical data: IP address, device information, browser type
Purposes for Collection:
Providing and improving our Services
Processing payments and managing accounts
Communicating with you about your account and our Services
Ensuring platform security and preventing fraud
Complying with legal obligations
4.3 How We Use Your Information
We use your personal information only for the purposes disclosed at collection:
Service Provision: Operating the platform, processing content, enabling sharing
Account Management: User authentication, billing, customer support
Platform Improvement: Aggregated analytics (anonymised data only)
Communication: Service updates, security notices, support responses
Legal Compliance: Meeting regulatory requirements, responding to legal requests
4.4 Information Sharing and Disclosure
We do not sell your personal information. We may share information only with:
Payment Processors: Stripe (for transaction processing)
Analytics Providers: Google Analytics (anonymised data only)
Hosting Services: Amazon Web Services (AWS) with industry standard data protection and encryption
Support Services: (Gleap) Customer messaging, service and technical support providers
Legal Requirements: Court orders, regulatory investigations, safety emergencies
Business Transfers: In the event of merger or acquisition (with 45 days' notice to you, allowing sufficient time for content deletion if desired)
4.5 Data Sovereignty and International Transfers
Primary data storage: AWS infrastructure with New Zealand data residency requirements where possible
International transfers: We may store or process your data using international service providers (like AWS). When this occurs, we ensure adequate protection through contractual safeguards and industry-standard security measures.
EU users: Standard Contractual Clauses for any EU data transfers
4.6 Your Privacy Rights
Under the Privacy Act 2020, you have the right to:
Access: Request copies of your personal information we hold about you
Correction: Request corrections to inaccurate or incomplete personal information
Information about collection: Ask how and why we collect your personal information
Information about use: Ask how we use and disclose your personal information
Complaints: Lodge complaints with the Privacy Commissioner if you believe we've breached your privacy
Additional Services We Provide:
Data export: We'll provide your data in a portable format when requested
Account deletion: You can request deletion of your account and associated personal information (subject to legal retention requirements for tax and financial records)
How to Exercise Your Rights:
Contact us at support@kahacreate.co.nz with:
Clear description of your request
Specific information you're seeking (for access requests)
We'll respond to privacy requests within 20 working days as required by the Privacy Act 2020.
4.7 Data Retention
We retain personal information only as long as necessary:
Account information: While your account is active, then deleted within 30 days of account closure (unless needed for ongoing legal obligations)
Financial and tax records: 7 years from transaction date as required by New Zealand tax law
Content: As long as you choose to keep it on the platform
Payment transaction records: 7 years for tax and accounting compliance
Communications and support records: 3 years for service improvement and legal compliance
Analytics data: Anonymized data may be retained indefinitely
4.8 Security Measures
We implement appropriate technical and organisational measures to protect your information:
Encryption of data in transit and at rest
Regular security assessments testing
Access controls limiting staff access to personal information
Incident response procedures for data breaches
5.1 Revenue Models
Kaha Create supports multiple content monetization approaches:
Free content: Your mini-course is available to all learners at no cost
Koha-based content: Voluntary contributions from learners reflecting gift economy principles
Paid content: Fixed pricing set by creators
Organisational subscriptions: Internal knowledge hub access
5.2 Platform Fees for Monestised Content
Our fee structure (GST-inclusive where applicable):
When you receive payment from learners for your paid courses, platform fees apply based on your subscription tier.
Fee Structure:
Free content: No platform fees
Paid content: Platform fees vary by subscription tier plus payment processing fees
Organisational accounts: Custom fee structures as separately agreed
For current fee rates and detailed pricing information, please refer to our Pricing Page where fees are updated regularly.
These fees apply only when learners pay you for access to your content. All applicable fees are deducted before payment is transferred to your nominated account.
5.3 Payment Processing and GST
GST Registration: Kaha Create is registered for GST (GST Number: 146-184-065)
Automatic GST calculation: 15% GST automatically calculated and collected on applicable transactions
Tax reporting: We provide transaction summaries and exportable reports to help with your tax obligations
Your Tax Responsibilities as a Creator:
Income Tax: All income earned through Kaha Create is taxable and must be declared to Inland Revenue
GST Registration: You must register for GST if your total taxable activity (including Kaha Create earnings) exceeds $60,000 in any 12-month period, or if you expect it to exceed this threshold
Record Keeping: You're responsible for maintaining records of your earnings and expenses for tax purposes
Professional Advice: We strongly recommend consulting a qualified accountant or tax advisor about your specific tax obligations
Tax Compliance: You're solely responsible for meeting all tax obligations related to your Kaha Create earnings
Support We Provide:
Transaction summaries: Detailed earnings reports available in your creator dashboard
Annual summaries: Year-end earnings summaries available from your dashboard
Important: Kaha Create does not provide tax advice. This information is general guidance only and doesn't constitute professional tax advice.
5.4 Koha Integration
For koha-based content:
No minimum or maximum contribution requirements
Cultural context and guidance provided to users
Traditional reciprocity principles respected in implementation
6.1 Service Provision Standards
Under New Zealand's Consumer Guarantees Act 1993, our Services are provided with reasonable care and skill and will be fit for their intended purpose. We commit to:
Maintaining platform availability and functionality
Providing responsive customer support
Protecting user data and privacy
Facilitating appropriate content sharing and monetization
6.2 Consumer Guarantees Act Compliance
Under New Zealand's Consumer Guarantees Act 1993, our Services come with automatic guarantees about quality and fitness for purpose.
For Personal Use:
All Consumer Guarantees Act protections apply in full
These guarantees cannot be excluded or limited
If our Services fail to meet these guarantees, you're entitled to remedies under the Act
For Business Use:
Where you acquire our Services for business purposes, we limit the guarantees under the Consumer Guarantees Act 1993 to the greatest extent permitted by law
This means for business use, our liability may be limited to re-supplying the service or refunding the cost
What We Never Limit:
Liability for death or personal injury
Liability for fraudulent misrepresentation
Any liability that cannot legally be excluded under New Zealand law
6.3 Liability Limitations
To the extent permitted by New Zealand law:
Our liability is limited to the amount paid by you in the 12 months preceding any claim, or NZ$1,000, whichever is greater
We are not liable for indirect, consequential, or special damages
These limitations do not apply to liability that cannot be excluded under New Zealand law
6.4 User-Generated Content Liability
Creator Responsibility:
Creators are solely responsible for the accuracy, completeness, and appropriateness of their Content
Creators warrant that their Content does not violate any laws or third-party rights
Creators are liable for any harm caused by inaccurate, misleading, or inappropriate Content they share
Platform Liability Limitations:
Kaha Create does not verify, endorse, or guarantee the accuracy of user-generated Content
We are not responsible for any loss, damage, or harm resulting from reliance on Content shared by users
Users access and use Content at their own risk and discretion
6.5 Educational and Professional Content Disclaimers
Educational Content Warning:
Content on Kaha Create is for educational and informational purposes only
Content should not replace professional judgment, training, or consultation
Users should verify information independently before relying on it for important decisions
Professional Advice Disclaimer:
No Content on Kaha Create constitutes professional advice (medical, legal, financial, therapeutic, or other licensed professional services)
Always consult qualified professionals for specific advice related to your circumstances
Creators sharing professional knowledge do so for educational purposes, not as professional consultation
Cultural Content Sensitivity:
We continually refine our ability to help users with this, however:
Users must respect cultural protocols when accessing Cultural Content
Misuse of Cultural Content may cause cultural harm for which the platform is not liable
Users are responsible for understanding and respecting cultural boundaries
6.6 Enhanced AI Technology Disclaimers
AI Content Accuracy:
AI-generated content may be inaccurate, biased, inappropriate, or culturally insensitive
AI cannot replace human judgment, especially for cultural, professional, or safety-critical content
Users must review, verify, and take full responsibility for any AI-enhanced content before sharing
AI Limitation Examples:
AI may generate factually incorrect information
AI may not understand cultural context or sacred knowledge protocols
AI may produce content that violates intellectual property rights
AI may exhibit unintended biases in content generation
7.1 Account Creation
Users must be at least 16 years old to create accounts. organisations may create institutional accounts with appropriate authorisation and administrative controls.
7.2 Account Termination by User
You may terminate your account at any time by:
Using in-platform account closure tools
Contacting our support team
Following our documented termination procedures
Content export tools are available for 30 days following termination.
7.3 Account Suspension or Termination by Kaha Create
We may suspend or terminate accounts for:
Violation of these Terms or our policies
Fraudulent or harmful activity
Non-payment of applicable fees
Fair notice and opportunity to respond will be provided except where immediate action is required for safety or legal compliance.
7.4 Data Retention Following Termination
Following account termination:
Your Content is permanently deleted within 30 days unless you request earlier deletion
Cultural Content deletion follows appropriate cultural protocols where applicable
Some administrative data may be retained for legal compliance purposes
8.1 Multi-Tiered Resolution Process
Disputes will be resolved through:
Direct negotiation: Good faith discussion for 30 days
Mediation: Through New Zealand Dispute Resolution Centre (NZDRC) if negotiation fails
Arbitration: Binding arbitration under NZDRC Rules if mediation unsuccessful
8.2 Cultural Dispute Resolution
For disputes involving Cultural Content:
Cultural advisors may be consulted with agreement of parties
Traditional dispute resolution processes may be incorporated where appropriate
Community representatives may participate in resolution processes
8.3 Governing Law and Jurisdiction
These Terms are governed by New Zealand law. New Zealand courts have exclusive jurisdiction over any disputes that cannot be resolved through the above processes.
9.1 Acceptable Use
Users must:
Respect other users and their content
Follow cultural protocols associated with shared content
Provide accurate information about themselves and their content
Use the platform for legitimate educational and knowledge-sharing purposes
9.1 Good Faith Content Sharing Standards
Kaha Create is built on principles of community benefit and positive impact. All content shared on our platform should be:
Shared in good faith with genuine intention to help, educate, or benefit others
Accurate to the best of the creator's knowledge at the time of sharing
Culturally respectful and appropriate for the intended audience
Constructive and beneficial rather than harmful or misleading
Aligned with community values of learning, growth, and mutual support
9.2 Prohibited Content
The following content is not permitted:
Harmful, threatening, harassing, or discriminatory material
Content that infringes intellectual property rights
Inappropriate use of Cultural Content without proper authority
Misleading or fraudulent information
Content harmful to minors
Content shared in bad faith or with intent to mislead, harm, or exploit others
Information presented as helpful when the creator knows it to be harmful or inappropriate
9.3 Reporting and Enforcement
Users can report policy violations through our reporting system. We investigate reports promptly and take appropriate action, including content removal and account sanctions where justified.
10.1 Service Availability
We strive for high platform availability but cannot guarantee uninterrupted service. Maintenance windows and updates may temporarily affect accessibility.
10.2 Terms Updates
These Terms may be updated periodically. Material changes will be communicated with 30 days' notice. Continued use following notice constitutes acceptance of updated Terms.
10.3 Severability
If any provision of these Terms is found invalid, the remaining provisions continue in full effect.
10.4 Contact Information
For questions about these Terms or our Services:
Email: support@kahacreate.co.nz
Address: 8 Kereru Bend, Tawa.
Effective Date: 31/07/2025
Last Updated: 31/07/2025
