Terms of Service

Application
These Terms apply to your use of the Service (as defined below). By setting up an account with PurposeTech and accessing and using the Service, you agree to these Terms. If you are accessing and using the Service on behalf of another person (e.g., a company), you confirm that you are authorized to agree to these Terms on their behalf, and that person is bound by these Terms. If you do not agree to these Terms, you are not authorized to access and use the Service.

Changes
We reserve the right to change, add, or remove portions of these Terms at any time at our sole discretion. Any changes will take effect from the date we post revised Terms on the Website. You are responsible for reviewing and being familiar with the latest Terms. By continuing to access and use the Service after the Terms are changed, you agree to be bound by the updated Terms.

Definitions
In these Terms:

  • "Confidential Information" means non-public information obtained from the other party in connection with the provision and use of the Service. Our Confidential Information includes Intellectual Property owned by us, while your Confidential Information includes Customer Data.
  • "Customer Data" means all data, content, and information (including personal information) owned, held, used, or created by you or on your behalf that is stored or inputted into the Service.
  • "Fees" means the applicable fees set out on our pricing page or as agreed in writing between you and us.
  • "Force Majeure" means an event beyond a party's reasonable control, excluding events that could have been avoided with reasonable care or a lack of funds.
  • "Intellectual Property Rights" includes copyright, patents, trademarks, designs, confidential information, and all other rights resulting from intellectual activity.
  • "Personnel" includes officers, employees, contractors, and agents.
  • "Privacy Statement" means the PurposeTech privacy statement available at [insert URL].
  • "PurposeTech Content" means any content made available via the Service, excluding Customer Data.
  • "Service" means the PurposeTech service offered through websites, web, and mobile applications.
  • "Terms" means these terms and the Privacy Statement.
  • "Underlying Systems" means the IT solutions, systems, and networks used to provide the Service.
  • "We," "us," "our," or "PurposeTech" refers to Purpose Tech Limited.
  • "Website" means the internet site at https://purposetech.io and any variations of the domain or subdomains.

Provision of the Service
We will provide the Service in accordance with these Terms and New Zealand law, using reasonable care and qualified personnel. Our provision of the Service is non-exclusive, and we may provide the Service to other persons. While we strive to ensure the availability of the Service, there may be instances where the Service is temporarily unavailable due to maintenance, development, or Force Majeure events.

You and your Personnel must use the Service for your own internal business purposes and comply with applicable laws. You are responsible for maintaining the security of your access information and ensuring that your Personnel comply with these Terms. You must obtain all necessary licenses and consents to use the Service and input Customer Data.

Customer Data
You acknowledge that we may require access to Customer Data to provide the Service. You are solely responsible for the Customer Data, and we are not liable for the Customer Data, its loss or corruption, or how you or your Personnel use the Customer Data or the Service. We may use Customer Data to generate anonymized and aggregated statistical and analytical data for research and product development purposes. Title to and Intellectual Property Rights in such Analytical Data remain ours.

While we take measures to back up Customer Data, you agree to keep a separate backup copy. If Customer Data contains personal information, we act as your agent for processing that information in accordance with the Terms. You indemnify us against any claims arising from third-party infringement or objectionable content in the Customer Data.

Privacy
We collect and process Personal Information in accordance with our Privacy Statement. By agreeing to these Terms, you consent to the handling of your Personal Information as described in the Privacy Statement. You are responsible for complying with privacy laws when collecting and using any Personal Information. The PurposeTech Data Processing Agreement may apply if required by applicable data privacy laws.

Fees and Payment Terms
Service Fees, as specified on our pricing page, apply to the Service. You must pay the Fees on time, and all payments made by credit card are subject to validation checks and authorization. We may change the Service Fee with notice to you. You may cancel your subscription at any time, but no refunds are provided for prepaid Fees.

Intellectual Property
Title to and Intellectual Property Rights in the Service, Website, PurposeTech Content, and Underlying Systems remain ours. You may not contest or dispute our ownership or validity of these Intellectual Property Rights. Each party consents to the other party's use of its brand for promoting the Service.

Confidentiality
Both parties must keep the other party's Confidential Information confidential, implement adequate security measures, and disclose Confidential Information only on a need-to-know basis. Certain exceptions to confidentiality apply, including information required by law or publicly available through no fault of the recipient.

Warranties and Limitation of Liability
Each party warrants its authority to enter into these Terms and will comply with applicable laws. We do not warrant uninterrupted or error-free use of the Service. Our liability is limited, and we exclude liability for indirect, incidental, special, or consequential loss or damage. To the greatest extent possible in accordance with the applicable laws, we specifically disclaim any liability (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any direct, indirect, incidental or consequential damages or liability for any direct or indirect: loss of profits, loss of revenue, liabilities or claims relating to your reliance on the output of the Service; loss of data (including any Customer Data), breach of security or privacy, loss of anticipating savings arising out of or in any way connected with the access to or use of the Service or the Website.

Termination
Either party may terminate these Terms upon written notice. We may also suspend or terminate your access to the Service for specified reasons. Termination does not affect accrued rights or liabilities, and you remain responsible for Fees incurred prior to termination.

General
These Terms are governed by the laws of New Zealand, and the parties submit to the exclusive jurisdiction of New Zealand courts. Notices must be in writing, and if any provision is deemed invalid, the remaining provisions remain in effect. These Terms constitute the entire agreement between the parties and supersede previous agreements.