HOIST - TERMS OF SERVICE

Automotive Workshop Management Software

Last Updated: November 10, 2025

IMPORTANT LEGAL NOTICE: These Terms of Service constitute a legally binding agreement. Please read them carefully before using Hoist. If you do not agree to these Terms, you must not use the Service.

CONSUMER RIGHTS NOTICE (NEW ZEALAND USERS): Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions which cannot be lawfully limited or excluded under the Consumer Guarantees Act 1993, Fair Trading Act 1986, or other New Zealand consumer protection legislation. If you are acquiring the Service for business purposes as defined in the Consumer Guarantees Act 1993, you acknowledge that the Consumer Guarantees Act 1993 does not apply to the supply of the Service to you.

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ACCEPTANCE AND CHANGES TO TERMS ======================================================================

Welcome to Hoist. These Terms of Service ("Terms") are a legal agreement between you and Hoist Software LTD ("Hoist", "we", "us", "our") (Company Number: 8842848, NZBN: 9429051507626) governing your use of the Hoist platform, including our website, mobile applications, and all related services (collectively, the "Service").

By creating an account, accessing, or using Hoist in any way, you agree to be bound by these Terms. If you don't agree, don't use the Service.

CHANGES TO TERMS: We may modify these Terms from time to time. When we make material changes, we will:

Notify you by email at least 30 days before the changes take effect

Post a notice on our website or in the application

Update the "Last Updated" date at the top of these Terms

You will be deemed to have accepted the modified Terms if you continue to use the Service after the effective date. If you do not agree to the modified Terms, you may terminate your account before the changes take effect.

Minor changes (such as correcting typos or clarifying existing terms) may take effect immediately upon posting.

====================================================================== 2. WHO CAN USE HOIST

AGE REQUIREMENT: You must be at least 13 years old to use Hoist. If you're under 18, you need permission from a parent or guardian who must agree to these Terms on your behalf and supervise your use.

BUSINESS USERS: If you're using Hoist for a business, you represent that you have authority to bind that business to these Terms.

AUTHORIZATION: You must have legal authority to enter into these Terms. You're not permitted to use the Service if:

You're located in a country embargoed by New Zealand

You're on any New Zealand government restricted parties list

You've previously had your Hoist account terminated for Terms violations

You're legally prohibited from receiving or using the Service

====================================================================== 3. WHAT HOIST DOES

Hoist is a cloud-based software platform designed for automotive workshops, mechanics, and related businesses. The Service helps you manage:

Customer relationships and records

Job cards and work orders

Vehicle service history

Parts inventory and stock control

Invoicing and payments

Staff scheduling and time tracking

Workshop calendar and bookings

Reporting and business analytics

Document storage and management

Customer communication

Supplier management

SUBSCRIPTION SERVICE: Hoist is provided on a subscription basis. Features, pricing tiers, and functionality may vary by subscription plan.

BETA STATUS: Hoist is currently in beta testing. This means:

The Service may contain bugs, errors, or incomplete features

Features may change, be removed, or not work as expected

Data loss or corruption may occur (though we take reasonable precautions)

Performance and availability may be inconsistent

You should maintain independent backups of all critical data

Beta status does not excuse us from complying with applicable consumer protection laws

CONSUMER GUARANTEES (NZ LAW): Subject to the exclusions permitted by law, we warrant that:

Services will be provided with reasonable care and skill

Services are reasonably fit for the purpose we say they're for

Services will be completed within a reasonable time when no time is specified

If you acquire the Service for business purposes, you agree that the Consumer Guarantees Act 1993 does not apply.

====================================================================== 4. YOUR ACCOUNT

CREATING AN ACCOUNT:

Provide accurate and complete information when you register

Keep your account information current and accurate

You're responsible for all activity under your account

Don't share your login credentials with anyone

Notify us immediately if you suspect unauthorized access

ACCOUNT SECURITY: You are solely responsible for securing your account. Use a strong password. We will take reasonable steps to secure our systems, but we're not liable for losses resulting from unauthorized account access due to your failure to maintain security.

MULTI-USER ACCOUNTS:

You may create multiple user accounts for your staff

You're responsible for all activity by users you authorize

You must ensure all your users comply with these Terms

Remove access for departed employees promptly

You're liable for any breaches by your authorized users

TERMINATING YOUR ACCOUNT: You can close your account anytime through account settings or by contacting support. Account closure takes effect at the end of your current billing period. You remain responsible for all fees incurred before closure.

====================================================================== 5. SUBSCRIPTION AND PAYMENT

PRICING: Subscription fees are described on our pricing page and during sign-up. All prices are in New Zealand Dollars (NZD) and include GST unless otherwise specified.

PRICE CHANGES: We may change subscription pricing. We will provide at least 30 days' written notice of any price increases. Price changes will take effect at your next billing cycle. If you don't accept the new pricing, you may cancel your subscription before the price change takes effect.

PAYMENT: You agree to pay all fees for your chosen subscription plan. Fees are charged in advance for each billing period (monthly, annually, etc.). Payment is due on the billing date specified in your account.

PAYMENT METHODS: We accept payment by credit card, debit card, or other methods we make available. By providing payment information, you represent that you're authorized to use that payment method.

AUTOMATIC RENEWAL: Your subscription automatically renews at the end of each billing period unless you cancel before the renewal date. By providing payment information, you authorize us to charge you for each renewal period.

FAILED PAYMENTS: If we can't process payment when due:

We'll notify you and attempt to collect payment

We may suspend your access after 7 days of non-payment

Your account may be terminated after 30 days of non-payment

You remain liable for all unpaid fees plus reasonable collection costs

REFUNDS: Refund eligibility depends on your circumstances:

FOR BUSINESS CUSTOMERS: If you've excluded the Consumer Guarantees Act, all fees are non-refundable except where:

We fail to provide services we've promised

There's a fundamental breach by us

Otherwise required by law

FOR CONSUMER CUSTOMERS: You have the rights provided under the Consumer Guarantees Act 1993 and Fair Trading Act 1986, including:

Refund rights if we fail to meet consumer guarantees

Rights for misleading or deceptive conduct

Cancellation rights in certain circumstances

BETA REFUND POLICY: During our beta period, if you experience significant service failures or data loss due to software defects, contact us within 14 days. We'll assess refund requests on a case-by-case basis.

TAXES: Fees include GST where applicable. You're responsible for any other applicable taxes. If we're required to collect additional taxes, they'll be charged in addition to subscription fees.

FREE TRIALS: If we offer a free trial:

We may require payment information upfront

The trial lasts for the specified period

Unless you cancel before the trial ends, you'll be automatically charged for a paid subscription

We may limit trial eligibility (e.g., one trial per business)

Trial terms will be clearly disclosed at sign-up

====================================================================== 6. PROHIBITED ACTIONS - SECURITY AND ATTACKS

The following actions will result in immediate account termination, may result in legal action, and will be reported to law enforcement where appropriate. You absolutely cannot:

HACKING AND UNAUTHORIZED ACCESS:

Attempt to hack, crack, or gain unauthorized access to the Service, our systems, servers, databases, or other users' accounts

Try to bypass, disable, or circumvent any security features, authentication systems, or access controls

Use password mining, credential stuffing, brute force attacks, or any similar methods

Attempt to access areas of the Service you're not authorized to access

Access or use another user's account without explicit permission

Probe, scan, or test vulnerabilities of our systems or networks without authorization

SECURITY RESEARCH: If you discover a security vulnerability, we encourage responsible disclosure. Contact us at accounts@hoist.nz with details. Do not exploit the vulnerability or disclose it publicly before we've had reasonable time to address it.

REVERSE ENGINEERING:

Reverse engineer, decompile, disassemble, or attempt to derive source code from the Service, except to the extent permitted by New Zealand law

Attempt to discover algorithms, techniques, or trade secrets contained in the Service

Create derivative works based on the Service without authorization

SERVICE ATTACKS:

Launch or participate in denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks

Flood, spam, mail-bomb, or crash the Service

Deliberately overload or attempt to overload our infrastructure

Degrade performance or availability of the Service for other users

Introduce, upload, or transmit viruses, malware, ransomware, trojans, worms, spyware, time bombs, logic bombs, or any malicious code

EXPLOITATION:

Exploit bugs, glitches, or vulnerabilities for any purpose

Use any exploits, cheats, automation tools, bots, hacks, mods, or third-party software to modify or interfere with the Service

Manipulate the Service in ways not intended by us

Bypass rate limits, access restrictions, or other technical limitations

AUTOMATED ACCESS:

Use robots, spiders, crawlers, scrapers, or automated tools to access the Service without written permission

Harvest, collect, or extract data from the Service using automated means

Create scripts or programs that automatically interact with the Service

EXCEPTION: You may use automation tools specifically intended for integration with our official API, subject to our API terms and rate limits.

====================================================================== 7. PROHIBITED ACTIONS - MISUSE AND ABUSE

ILLEGAL ACTIVITIES:

Use the Service for any illegal purpose or in violation of any laws

Store, share, or transmit illegal content or materials

Facilitate criminal activity including fraud, money laundering, or terrorism financing

Violate export control laws or trade sanctions

DATA VIOLATIONS:

Access, view, copy, or download data belonging to other users without authorization

Share, sell, or distribute data obtained from the Service beyond your authorized use

Use data from the Service for purposes beyond managing your own business operations

Attempt to decrypt encrypted data you're not authorized to access

INTELLECTUAL PROPERTY INFRINGEMENT:

Violate copyrights, trademarks, patents, or other intellectual property rights

Upload or share pirated software, counterfeit materials, or stolen content

Use our trademarks, logos, or branding without written permission

Remove, modify, or obscure copyright notices, trademarks, or proprietary markings

IMPERSONATION AND FRAUD:

Impersonate any person, business, or entity

Misrepresent your identity or affiliation with any person or company

Create fake or fraudulent accounts

Use false, misleading, or deceptive information in violation of the Fair Trading Act 1986

Engage in phishing, social engineering, or other deceptive practices

HARASSMENT AND ABUSE:

Harass, abuse, threaten, stalk, or intimidate other users or our staff

Send spam, junk mail, chain letters, or unsolicited commercial messages

Use the Service to distribute hate speech, threats, or violent content

Bully or discriminate against others

ACCOUNT ABUSE:

Create multiple accounts to evade restrictions or termination

Share your account with unauthorized users

Sell, trade, rent, or transfer your account to others

Use someone else's account without their permission

Register accounts with false information or stolen identities

COMPETITIVE ACTIVITIES:

Use the Service to develop, build, or operate directly competing products or services

Copy features, functionality, or design elements to create competing software

Conduct competitive intelligence gathering without disclosure

Resell, sublicense, or redistribute the Service without written authorization

====================================================================== 8. YOUR DATA AND CONTENT

OWNERSHIP: You own all data, content, and information you upload to Hoist ("Your Data"). You retain all intellectual property rights to Your Data. We claim no ownership over Your Data.

LICENSE TO US: By using the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, store, process, display, and transmit Your Data solely to:

Provide and operate the Service

Perform technical operations (backup, recovery, security scanning)

Improve and develop the Service (including training models on aggregated, anonymized data)

Comply with legal obligations

Enforce these Terms

This license ends when you delete Your Data or close your account, except:

For data we're legally required to retain

For data included in backups (which are deleted according to our retention schedule)

For aggregated, anonymized data that cannot identify you

YOUR RESPONSIBILITIES: You are solely responsible for:

The accuracy, quality, and legality of Your Data

The means by which you acquired Your Data

Ensuring Your Data doesn't violate any laws or third-party rights

Obtaining all necessary permissions and consents for data you upload

Complying with the Privacy Act 2020 regarding customer data you store in Hoist

Ensuring you have the right to process personal information of your customers

You represent and warrant that:

You have the right to upload and use Your Data in the Service

Your Data doesn't infringe intellectual property rights or violate any laws

Your Data doesn't contain viruses, malware, or harmful code

You have obtained all necessary consents to process personal information contained in Your Data

CUSTOMER DATA PROCESSING: When you store your customers' personal information in Hoist:

You are the "agency" (data controller) under the Privacy Act 2020

We are your "data processor"

You must comply with all Privacy Principles

You must have a lawful basis to process customer data

You must provide required privacy notices to your customers

See our Privacy Policy and Data Processing Addendum for details

BACKUP: We maintain regular backups for disaster recovery purposes. However, backups may be incomplete, delayed, or fail. You're responsible for maintaining your own backup copies of Your Data. We strongly recommend regular exports of critical data.

DATA EXPORT: You can export Your Data at any time using our export tools. Export formats and availability depend on your subscription plan. We don't charge fees for standard data exports.

DATA DELETION: If you delete data or close your account:

Your Data will be deleted from active systems within 30 days

Backup copies will be deleted according to our retention schedule (within 90 days)

We may retain data longer if legally required (e.g., for tax or legal purposes)

Deleted data cannot be recovered after 30 days

Some aggregated, anonymized data may be retained indefinitely

Before deleting your account, export any data you want to keep.

MONITORING: We reserve the right to access and review Your Data to:

Ensure compliance with these Terms

Investigate abuse or security incidents

Respond to support requests (with your permission)

Comply with legal obligations

Scan for malware or illegal content

We don't routinely monitor user content. Any access to Your Data will be logged and limited to authorized personnel.

====================================================================== 9. PRIVACY AND DATA PROTECTION

Your privacy is important to us. Our Privacy Policy (available at https://hoist.nz/privacy-policy) explains how we collect, use, store, and protect your personal information and data.

NEW ZEALAND PRIVACY LAW: We comply with the Privacy Act 2020 and handle personal information in accordance with the 13 Privacy Principles, including:

Collection of information for lawful purposes

Security safeguards to protect information

Rights to access and correct your information

Restrictions on disclosure to third parties

Cross-border disclosure requirements

SECURITY: We implement reasonable technical and organizational measures to protect your data, including:

Encryption of data in transit (TLS/SSL)

Encryption of sensitive data at rest

Access controls and authentication

Regular security assessments

Staff training on data protection

Incident response procedures

However, no system is completely secure, and we cannot guarantee absolute security. You must also take reasonable steps to protect your account credentials.

DATA LOCATION: Your data is primarily stored in [New Zealand/Australia]. It may be processed in other jurisdictions for backup, support, or technical operations. By using the Service, you consent to this transfer and processing. We ensure adequate protection for any cross-border data transfers as required by the Privacy Act 2020.

PRIVACY POLICY: Our Privacy Policy is incorporated into these Terms by reference. By using Hoist, you agree to the data practices described in our Privacy Policy.

YOUR PRIVACY RIGHTS: Under the Privacy Act 2020, you have rights to:

Access your personal information

Request correction of inaccurate information

Request deletion in certain circumstances

Complain to the Privacy Commissioner if you believe we've breached the Privacy Act

See our Privacy Policy for details on exercising these rights.

DATA PROCESSING ADDENDUM: For customers who process personal information of EU residents, we provide a Data Processing Addendum (DPA) that includes Standard Contractual Clauses. Contact us to execute a DPA if required.

====================================================================== 10. INTELLECTUAL PROPERTY

HOIST'S PROPERTY: The Service and all its components (software, code, technology, designs, graphics, user interface, logos, trademarks, documentation, etc.) are owned by us or our licensors and protected by copyright, trademark, patent, and other intellectual property laws of New Zealand and international treaties.

YOUR LIMITED LICENSE: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes in accordance with these Terms and your subscription plan. This license doesn't give you any ownership rights.

RESTRICTIONS: You may not:

Copy, modify, distribute, sell, or lease any part of the Service

Create derivative works based on the Service (except to the extent permitted by law)

Frame, mirror, or republish any part of the Service

Use our intellectual property without explicit written permission

Remove or modify any proprietary notices

FEEDBACK: If you provide suggestions, ideas, or feedback about the Service ("Feedback"), we can use it freely without any obligation to you. You grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate your Feedback into our products and services.

Providing Feedback is voluntary. We don't claim ownership of detailed proprietary concepts you share in confidence under a separate agreement.

TRADEMARKS: "Hoist" and our logos are trademarks owned by Hoist Software LTD. You may not use our trademarks without prior written permission, except you may identify yourself as a Hoist customer in a factual, non-misleading manner.

OPEN SOURCE: The Service may incorporate open-source software components. These components are licensed under their respective open-source licenses. A list of open-source components is available upon request.

====================================================================== 11. THIRD-PARTY SERVICES

INTEGRATIONS: The Service may integrate with third-party services including:

Payment processors (Stripe, PayPal, etc.)

Accounting software (Xero, MYOB, etc.)

Parts suppliers and catalogues

Diagnostic databases

Communication platforms

We don't control these services and aren't responsible for their availability, functionality, or practices.

THIRD-PARTY TERMS: Your use of third-party services is subject to their own terms and privacy policies. You're responsible for reviewing and complying with third-party terms. We're not liable for any issues arising from third-party services.

LINKS: The Service may contain links to third-party websites. These links are provided for convenience only. We don't endorse, control, or take responsibility for third-party sites or their content.

API USAGE: If you use our API to integrate with third-party applications:

You must comply with our API documentation and usage policies

You're responsible for your integration's compliance with laws

We may limit or revoke API access at any time for cause

API terms are available in our developer documentation

DATA SHARING: When you use integrations, you authorize us to share relevant data with the integrated service. Review our Privacy Policy and the third party's privacy policy to understand data sharing practices.

====================================================================== 12. SERVICE AVAILABILITY AND MODIFICATIONS

REASONABLE EFFORTS: We will use reasonable efforts to provide reliable service availability. However, we don't guarantee 100% uptime. The Service may be unavailable due to:

Scheduled maintenance

Emergency maintenance

Technical issues or system failures

Internet or network failures

Circumstances beyond our reasonable control

Security incidents

Force majeure events

MAINTENANCE: We may perform maintenance that temporarily interrupts service. We will:

Schedule routine maintenance during off-peak hours when practical

Provide reasonable advance notice for planned maintenance (typically 24-48 hours)

Minimize disruption to the extent reasonably possible

Emergency maintenance may occur without notice when necessary to protect security or functionality.

SERVICE MODIFICATIONS: We reserve the right to modify aspects of the Service, including:

Adding, removing, or changing features and functionality

Modifying the user interface or experience

Changing technical requirements or supported platforms

Imposing reasonable usage limits or restrictions

Deprecating older versions or APIs

For material changes that negatively impact core functionality, we will provide reasonable notice (typically 30 days) before implementation.

DISCONTINUATION: If we decide to discontinue the Service entirely:

We'll provide at least 90 days' notice

You'll have opportunity to export Your Data

We'll provide pro-rata refunds for prepaid fees for the unused portion of service after discontinuation

BETA LIMITATIONS: During beta, service availability and performance may be lower than after full release. We're working to improve stability and will communicate significant known issues.

LIABILITY FOR INTERRUPTIONS: Subject to the Consumer Guarantees Act and other applicable law, we're not liable for interruptions or unavailability except where caused by our gross negligence or willful misconduct.

====================================================================== 13. WARRANTIES AND REPRESENTATIONS

OUR WARRANTIES (SUBJECT TO LAW): We warrant that:

We will provide the Service with reasonable care and skill

The Service will be reasonably fit for the purposes we describe

We have the right to provide the Service to you

The Service will materially comply with our documentation

These warranties are subject to your proper use of the Service in accordance with these Terms.

CONSUMER GUARANTEES (NEW ZEALAND): If you're a consumer under the Consumer Guarantees Act 1993, nothing in these Terms removes, restricts, or modifies any consumer rights or remedies you have under that Act or other consumer protection legislation.

BUSINESS USE EXCLUSION: If you acquire the Service for business purposes (as defined in the Consumer Guarantees Act 1993), you acknowledge and agree that:

The Consumer Guarantees Act 1993 does not apply to the supply of the Service

You're acquiring the Service in trade

The Service is being supplied in the course of our business

BETA DISCLAIMER: You acknowledge that Hoist is currently in beta testing and:

May contain bugs, errors, or incomplete features

May experience data loss, corruption, or inconsistencies

May have performance or availability issues

Features may change or be removed

You should maintain independent backups

NO OTHER WARRANTIES: Except as expressly stated in these Terms or required by law, the Service is provided without warranties of any kind. To the maximum extent permitted by law, we disclaim:

Implied warranties of merchantability

Implied warranties of fitness for a particular purpose

Warranties about uninterrupted or error-free operation

Warranties about the accuracy or completeness of content

NOT PROFESSIONAL ADVICE: The Service provides management tools and information but does not constitute professional advice (legal, financial, accounting, tax, or technical advice). You should consult appropriate professionals for advice specific to your situation.

TECHNICAL INFORMATION: Workshop-specific information (diagnostic codes, service procedures, technical specifications) is provided for reference only. Always verify critical information with manufacturer specifications and follow industry best practices. We're not liable for inaccurate technical information.

YOUR RESPONSIBILITY: You're solely responsible for:

Decisions made using the Service

The quality and safety of work you perform

Compliance with automotive regulations

Your professional obligations to customers

====================================================================== 14. LIMITATION OF LIABILITY

This section applies to the maximum extent permitted by New Zealand law, but does not limit liability that cannot be excluded by law.

CONSUMER RIGHTS: Nothing in these Terms limits or excludes our liability for:

Death or personal injury caused by our negligence

Fraud or fraudulent misrepresentation

Breach of guarantees under the Consumer Guarantees Act 1993 (if applicable)

Any other liability that cannot be excluded or limited by New Zealand law

BUSINESS USERS: If you acquire the Service for business purposes and have excluded the Consumer Guarantees Act:

EXCLUSION OF CONSEQUENTIAL DAMAGES: To the maximum extent permitted by law, we and our affiliates, directors, officers, employees, agents, suppliers, and licensors are not liable for:

Indirect or consequential damages

Lost profits or revenue

Loss of data or information

Loss of business opportunities

Business interruption

Loss of goodwill or reputation

Cost of substitute services

Any other indirect or consequential loss

This applies even if we've been advised of the possibility of such damages and regardless of the legal theory (contract, tort, negligence, or otherwise).

CAP ON LIABILITY: Our total liability for all claims arising from or related to the Service in any 12-month period shall not exceed the lesser of: (a) The amount you paid us in the 12 months immediately preceding the event giving rise to liability, or (b) NZD $10,000

This cap applies to all claims in aggregate, not per incident.

EXCEPTIONS: These limitations don't apply to liability arising from:

Our gross negligence or willful misconduct

Our breach of confidentiality obligations

Our infringement of your intellectual property rights

Our violation of the Privacy Act 2020

Death or personal injury caused by our negligence

Fraud or fraudulent misrepresentation

FAIR AND REASONABLE: These limitations reflect a fair allocation of risk between the parties. Our pricing is based on these limitations, which are fundamental to our agreement.

BETA ACKNOWLEDGMENT: You acknowledge that beta software inherently carries higher risk of errors, data loss, and service interruptions. You accept these risks in exchange for early access to the Service.

====================================================================== 15. INDEMNIFICATION

BUSINESS USERS: If you're using the Service for business purposes, you agree to indemnify, defend, and hold harmless Hoist, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:

Your use or misuse of the Service

Your violation of these Terms

Your violation of any laws or regulations

Your violation of any third-party rights (intellectual property, privacy, etc.)

Your Data or content you submit to the Service

Your customers' claims related to your workshop services

Your business practices and operations

Negligence or willful misconduct on your part

PROCEDURE: If we face a claim covered by your indemnification:

We'll notify you reasonably promptly

You'll cooperate with us in the defense

We may participate in the defense at our expense

You may not settle any claim without our prior written consent if it imposes obligations on us or admits fault on our behalf

CONSUMER USERS: This indemnification does not apply if you're a consumer under the Consumer Guarantees Act 1993 or other consumer protection legislation.

REASONABLENESS: This indemnification is limited to claims actually arising from your actions or omissions. It doesn't make you liable for our own negligence, misconduct, or independent obligations.

====================================================================== 16. ACCOUNT SUSPENSION AND TERMINATION

TERMINATION BY YOU: You can terminate your account anytime by:

Using the account deletion feature in settings

Contacting our support team at accounts@hoist.nz

Termination is effective at the end of your current billing period unless you have outstanding fees. You remain responsible for all fees incurred before termination.

EXPORT YOUR DATA: Before terminating, export any data you want to keep. After termination, your data will be deleted and cannot be recovered.

TERMINATION BY US: We may suspend or terminate your account with reasonable notice for:

Material violation of these Terms

Non-payment of fees (after notice and opportunity to cure)

Fraudulent or abusive activity

Activities that harm other users or our business

Providing false information during registration

We will provide at least 14 days' notice before termination to allow you to cure violations (except where immediate termination is necessary).

IMMEDIATE TERMINATION: We may immediately terminate without notice for:

Serious security breaches or attacks (hacking, DDoS, etc.)

Criminal activity or serious legal violations

Malware distribution

Severe Terms violations that cannot be cured

Court orders requiring termination

Risk of harm to us, the Service, or other users

SUSPENSION: Before termination, we may suspend your account temporarily while investigating violations or during payment disputes. We'll notify you of suspension and the reason.

REFUNDS ON TERMINATION:

If we terminate for cause (your breach), no refund is provided

If we terminate without cause, you'll receive a pro-rata refund for prepaid unused time

If you terminate, no refund unless otherwise agreed or required by law

EFFECT OF TERMINATION: Upon termination:

Your right to access the Service immediately ends

We may delete your account and Your Data (after the retention period)

You remain liable for all fees incurred before termination

You must immediately cease all use of the Service

Sections that should survive (payment obligations, disclaimers, limitations, indemnification, intellectual property) continue to apply

DATA AFTER TERMINATION:

Active data deleted within 30 days

Backup copies deleted within 90 days

We may retain data longer if legally required

Aggregated, anonymized data may be retained indefinitely

POST-TERMINATION DATA ACCESS: After termination, we have no obligation to provide access to or retrieval of Your Data. Download your data before terminating.

APPEAL: If you believe termination was in error, contact us at accounts@hoist.nz within 14 days to request review.

====================================================================== 17. GOVERNING LAW AND JURISDICTION

NEW ZEALAND LAW: These Terms are governed by and construed in accordance with the laws of New Zealand, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

JURISDICTION: You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand for any dispute arising from these Terms or the Service. We may bring proceedings in New Zealand or in any country where you're located or conduct business.

COMPLIANCE: You're responsible for complying with all local, national, and international laws applicable to your use of the Service, including:

Privacy Act 2020 and data protection laws

Tax laws and GST obligations

Consumer protection laws

Industry-specific regulations (automotive, environmental, health and safety)

Employment laws (if applicable)

RESTRICTED PARTIES: You represent that you're not:

Located in a country subject to New Zealand government embargo

Listed on any New Zealand government restricted or prohibited parties list

Subject to international sanctions that prohibit your use of the Service

====================================================================== 18. DISPUTE RESOLUTION

INFORMAL RESOLUTION: Before starting formal proceedings, please contact us at accounts@hoist.nz to try resolving the dispute informally. Many disputes can be resolved quickly through direct communication. We'll work with you in good faith to reach a resolution.

Provide us with:

Your account details

Description of the dispute

What outcome you're seeking

Any relevant documentation

Allow at least 30 days for informal resolution.

MEDIATION: If informal resolution doesn't work, we both agree to attempt mediation before court proceedings. Mediation will be:

Conducted by an independent mediator

In Auckland, New Zealand (or by video conference)

In English

Governed by reasonable procedural rules we both agree on

Each party bears their own mediation costs unless agreed otherwise.

COURT PROCEEDINGS: If mediation fails or isn't appropriate, either party may commence court proceedings in New Zealand.

SMALL CLAIMS: Either party may bring an action in the Disputes Tribunal or District Court for claims within that forum's jurisdiction, without first attempting mediation.

NO CLASS ACTIONS: You agree that disputes will be resolved on an individual basis only. To the extent permitted by law, you waive any right to:

Participate in class action lawsuits

Bring representative actions on behalf of others

Consolidate your dispute with other parties' disputes

This class action waiver may not be enforceable in all jurisdictions. If it's found unenforceable, it will be severed while the rest of these Terms remain in effect.

CONSUMER DISPUTES: If you're a consumer, nothing in this section removes your rights to:

Complain to the Commerce Commission

Dispute a charge with your credit card company

Seek resolution through consumer protection agencies

Access any other remedies available under New Zealand consumer protection law

====================================================================== 19. GENERAL LEGAL TERMS

ENTIRE AGREEMENT: These Terms, together with our Privacy Policy, Data Processing Addendum (if applicable), and any other policies referenced herein, constitute the entire agreement between you and us regarding the Service. They supersede all prior agreements, communications, or understandings (written or oral).

AMENDMENTS: We may modify these Terms from time to time. See Section 1 for amendment procedures. Material amendments require notice and your continued use constitutes acceptance.

SEVERABILITY: If any provision of these Terms is found unenforceable or invalid by a court of competent jurisdiction:

That provision will be modified to the minimum extent necessary to make it enforceable

If modification isn't possible, it will be severed

The remaining provisions remain in full effect

Our intent is to provide the maximum enforceable terms

WAIVER: Our failure to enforce any provision doesn't waive our right to enforce it later. No waiver is valid unless in writing signed by an authorized representative. A waiver in one instance doesn't constitute a waiver in other instances.

ASSIGNMENT: You may not assign or transfer these Terms or your account without our prior written consent. Any attempted assignment without consent is void.

We may freely assign these Terms to any third party, including in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law. We'll notify you of any assignment that materially affects your rights.

NO PARTNERSHIP: Nothing in these Terms creates a partnership, joint venture, agency, franchise, sales representative, or employment relationship. You have no authority to bind us or make commitments on our behalf.

NO THIRD-PARTY RIGHTS: These Terms are solely for your benefit and ours. No third party has any rights to enforce or benefit from these Terms under the Contract and Commercial Law Act 2017 or otherwise.

NOTICES: Legal notices must be sent to:

To us: Hoist Software LTD Legal Department Email: accounts@hoist.nz

To you: The email address associated with your account

Notices are effective:

For email: 24 hours after sending (if not bounced)

For postal mail: 3 business days after posting within NZ, 7 days for international

You must keep your contact information current.

INTERPRETATION:

Headings are for convenience and don't affect interpretation

"Including" means "including but not limited to"

Singular includes plural and vice versa

"Or" is inclusive (and/or) unless context requires otherwise

References to laws include amendments and replacements

LANGUAGE: These Terms are written in English. Any translations are for convenience only. In case of conflicts between English and translated versions, the English version controls.

FORCE MAJEURE: Neither party is liable for delays or failures to perform due to circumstances beyond their reasonable control, including:

Natural disasters (earthquakes, floods, storms, volcanic activity)

War, terrorism, or civil unrest

Government actions, laws, or regulations

Internet or telecommunications failures not caused by us

Power outages or utility failures

Labor disputes or strikes affecting third parties

Pandemics or public health emergencies

Cyberattacks by third parties (not resulting from our negligence)

During force majeure, performance is suspended and deadlines extended. If force majeure continues for more than 60 days, either party may terminate without liability.

SURVIVAL: Provisions that by their nature should survive termination will survive, including:

Payment obligations for services provided

Intellectual property rights and licenses

Disclaimers and limitations of liability (to extent permitted)

Indemnification obligations

Dispute resolution provisions

General legal terms

EXPORT CONTROLS: You agree to comply with all export and import laws and regulations of New Zealand and other applicable jurisdictions. You may not export or re-export the Service or technical data in violation of such laws.

RELATIONSHIP TO OTHER AGREEMENTS: If you have a separate written agreement with us (such as an Enterprise Agreement or custom terms), that agreement takes precedence over these Terms to the extent of any conflict.

====================================================================== 20. SPECIFIC SaaS PROVISIONS

SUBSCRIPTION MODEL: Hoist operates on a subscription-based SaaS model. You're purchasing access to hosted software, not ownership of software or a license to install software on your premises.

SOFTWARE UPDATES: We may update the Service at any time. Updates may:

Change functionality, interface, or features

Fix bugs or improve performance

Add new features or remove old ones

Change technical requirements

You don't have the right to decline updates or use previous versions. We'll provide notice of material changes that significantly affect functionality.

DATA STORAGE LIMITS: Storage limits depend on your subscription plan:

Limits are specified in your plan details

If you approach limits, we'll notify you

If you exceed limits, you must upgrade or delete data within 30 days

We won't delete your data without notice except for Terms violations

USAGE LIMITS: We may impose reasonable usage limits based on your subscription plan:

Number of users or team members

Number of active vehicles or customers

Number of invoices per period

Number of job cards per period

API call limits

Storage capacity

Limits are specified in your plan details. Contact us to upgrade if you need higher limits.

PERFORMANCE: We make reasonable efforts to ensure good performance but don't guarantee specific performance metrics (response times, processing speeds, etc.) except as specified in a separate Service Level Agreement.

SERVICE LEVEL AGREEMENT: Standard subscriptions do not include uptime guarantees or service level commitments. Enterprise plans may include SLAs. Contact us for enterprise options.

SCHEDULED MAINTENANCE: We may schedule maintenance windows that make the Service temporarily unavailable. We will:

Provide at least 24 hours' notice for planned maintenance

Schedule maintenance during off-peak hours when possible (typically NZ time nights/weekends)

Complete maintenance as quickly as reasonably possible

Emergency maintenance may occur without notice.

SUPPORT: Support availability depends on your subscription plan:

Basic Plan: Email support during business hours

Professional Plan: Priority email support, typically within 24 hours

Enterprise Plan: Phone support, priority response, dedicated account manager

Support is provided in English during New Zealand business hours (9 AM - 5 PM NZST/NZDT, Monday-Friday excluding public holidays).

Support does not include:

Custom development or feature requests

Training beyond standard documentation

Support for third-party integrations

Recovery of data you deleted

Issues caused by your misuse or violations

USER ROLES AND PERMISSIONS: You may set up multiple users with different permission levels (Admin, Manager, Standard User, etc.). You're responsible for:

Managing user access appropriately

Ensuring users comply with these Terms

Removing access for departed employees

Monitoring user activity

Any actions taken by your users

MULTI-LOCATION: If you operate multiple workshop locations, your subscription may cover multiple locations depending on your plan. Each location may count as a separate "site" for pricing purposes.

WORKSHOP-SPECIFIC FEATURES: Features specific to automotive workshops (diagnostic code lookups, service schedules, parts catalogues, manufacturer information) are provided for convenience only. We don't warrant their accuracy, completeness, or currency.

You're responsible for:

Verifying all technical and safety-critical information

Following manufacturer specifications

Ensuring work meets industry standards

Complying with applicable automotive regulations

INTEGRATIONS: Third-party integrations (parts suppliers, accounting systems, payment processors, diagnostic tools) are provided as-is. We don't guarantee:

Continued availability of any integration

Accuracy of data transferred via integrations

Performance of third-party services

Support for third-party service issues

If an integration breaks, we'll make reasonable efforts to restore it but aren't liable for disruptions.

MOBILE APPS: Mobile applications for iOS and Android are subject to:

These Terms

The relevant app store terms (Apple App Store, Google Play)

Mobile app-specific terms (if any)

In case of conflict, these Terms control except where app store terms are legally required to take precedence.

CUSTOM DEVELOPMENT: Custom development or feature requests are not included in standard subscriptions. Contact us for custom development options and separate agreements.

====================================================================== 21. AUTOMOTIVE INDUSTRY SPECIFIC TERMS

WORKSHOP LIABILITY: Hoist is management software only. We provide tools to help you run your business, but we're not responsible for:

Quality, safety, or adequacy of repairs or services you provide

Safety of work performed on vehicles

Accuracy or completeness of diagnostic information

Quality, authenticity, or fitness of parts you source or install

Vehicle damage during service or on your premises

Injuries to your staff or customers

Compliance with automotive industry regulations

Warranty obligations for your work

Professional standards or certifications

Customer satisfaction with your services

Environmental compliance (waste disposal, chemicals, etc.)

You are solely responsible for your professional obligations and the work you perform.

CUSTOMER DATA: You're responsible for lawfully collecting and processing your customers' information. This includes:

Obtaining proper authorization to store customer information

Providing required privacy notices to customers

Obtaining consent where required under Privacy Act 2020

Ensuring you have a lawful basis to process personal information

Responding to customer privacy requests (access, correction, deletion)

Protecting customer information with appropriate security

Notifying customers of data breaches if required

REGULATORY COMPLIANCE: You're responsible for compliance with all laws and regulations applicable to automotive workshops in your jurisdiction, including but not limited to:

Consumer protection laws and fair trading requirements

Automotive repair regulations and licensing requirements

Environmental regulations and waste disposal requirements

Hazardous materials handling (oils, chemicals, batteries, etc.)

Worker safety laws and health and safety obligations

Industry certifications and licensing (mechanics, inspectors, etc.)

Roadworthiness certification requirements

Emissions testing requirements

Building and fire safety codes

Employment laws for your staff

INSURANCE: You're responsible for maintaining appropriate insurance for your workshop operations, including but not limited to:

Public liability insurance

Professional indemnity insurance

Employers' liability insurance

Property and contents insurance

Vehicle bailment insurance

Hoist doesn't provide insurance coverage of any kind.

TECHNICAL DATA: Service manuals, repair procedures, diagnostic codes, torque specifications, and technical information provided through the Service or integrations are for reference only and may not be accurate or current.

You must:

Verify critical information with authoritative manufacturer sources

Follow manufacturer specifications and procedures

Use appropriate professional judgment

Comply with industry best practices

Ensure all safety-critical work is performed correctly

We're not liable for inaccurate, outdated, or incomplete technical information.

PARTS AND INVENTORY: Parts pricing, availability, specifications, and compatibility shown in the Service or integrations may not be current or accurate. You must:

Verify specifications and compatibility before installation

Confirm pricing and availability with suppliers

Ensure parts meet required standards

Not make commitments to customers based solely on information in the Service

DIAGNOSTIC INFORMATION: Diagnostic trouble codes (DTCs) and diagnostic information provided in or through the Service are for reference only. You're responsible for:

Proper diagnosis using professional tools and knowledge

Verifying diagnostic codes with manufacturer information

Performing appropriate tests and inspections

Using qualified technicians for diagnostic work

MANUFACTURER WARRANTIES: If you use Hoist to manage manufacturer warranty claims or warranty work, you're solely responsible for:

Accuracy of warranty claims

Compliance with manufacturer warranty terms

Proper documentation

Meeting manufacturer requirements

We're not responsible for denied warranty claims or disputes with manufacturers.

SAFETY: You're responsible for all safety aspects of your workshop operations:

Worker safety and training

Proper use of equipment and tools

Safe handling of hazardous materials

Vehicle safety during service

Customer safety on your premises

Compliance with health and safety regulations

ROADWORTHINESS AND INSPECTIONS: If you provide safety inspections, roadworthiness certifications, or similar services:

You're solely responsible for the accuracy and quality of inspections

You must meet all legal and regulatory requirements

You're liable for any issues with inspections you perform

Hoist is only a record-keeping tool and doesn't perform or verify inspections

PROFESSIONAL STANDARDS: You're responsible for maintaining professional standards in your work and business practices, including:

Honest and accurate communications with customers

Fair pricing and transparent quotes

Competent and qualified work

Ethical business practices

Complaints handling and dispute resolution

====================================================================== 22. ACCEPTABLE USE POLICY

In addition to prohibited actions in Sections 6 and 7, you agree to use the Service responsibly and professionally.

PROFESSIONAL CONDUCT:

Use the Service only for legitimate business purposes related to automotive workshop management

Maintain professional standards in all communications

Respect other users and our staff

Don't abuse support channels or make excessive or frivolous support requests

Don't submit false reports or malicious complaints

Respond reasonably to our communications

RESOURCE USAGE:

Don't consume excessive server resources or bandwidth

Don't perform actions that intentionally degrade Service performance

Don't store unnecessary or excessive data beyond your reasonable business needs

Delete obsolete data regularly to manage your storage usage

Use the Service in accordance with fair use principles

CONTENT STANDARDS: Content you upload must not:

Contain explicit, obscene, or offensive material

Promote discrimination, hatred, or violence

Contain false, misleading, or defamatory information

Violate any person's rights (privacy, publicity, intellectual property)

Contain malicious code, viruses, or harmful elements

Include content illegal under New Zealand law

ACCOUNT HYGIENE:

Keep contact information current and accurate

Use a valid business email address (not temporary or disposable emails)

Respond promptly to important communications from us

Regularly review and audit user access permissions

Remove access for departed employees promptly

Monitor activity in your account

Report suspicious activity or security concerns

DATA QUALITY:

Maintain reasonable data quality in your account

Don't use the Service to store completely unrelated personal projects

Use the Service for its intended purpose (workshop management)

Don't use the Service as a generic file storage system unrelated to your business

FAIR DEALING:

Deal honestly and fairly with us and other users

Don't attempt to defraud us or circumvent payment

Honor your payment obligations

Don't exploit bugs or errors for gain without reporting them

====================================================================== 23. REPRESENTATIONS AND WARRANTIES FROM YOU

By using the Service, you represent and warrant that:

AUTHORITY:

You have full legal authority to enter into and be bound by these Terms

If representing a business, you're authorized to bind that business to these Terms

You're at least 13 years old

If under 18, you have permission from a parent or guardian

COMPLIANCE:

You'll comply with all applicable laws and regulations in your use of the Service

Your use of the Service doesn't violate any laws in your jurisdiction

You'll use the Service only for lawful purposes

You're not prohibited from using the Service by any legal restrictions

INFORMATION:

All information you provide to us is accurate and truthful

You'll keep your account information current

You won't provide false or misleading information

Your account registration information is genuine and not fraudulent

BUSINESS OPERATIONS:

You operate a legitimate automotive workshop or related business

You have all necessary licenses, permits, and authorizations to operate your business

You have appropriate insurance coverage for your operations

You comply with automotive industry regulations applicable to you

DATA RIGHTS:

You have rights to all data you upload to the Service

Your data doesn't infringe third-party intellectual property or other rights

You've obtained necessary consents to process customer personal information

You have legal authority to store and process the data you upload

NO CONFLICTS:

Using the Service doesn't breach any other agreement you've entered

You're not subject to any restrictions that prevent using the Service

You're not violating any confidentiality obligations by using the Service

INTENT:

You intend to use the Service for its intended purpose (workshop management)

You're not using the Service to develop or operate competing products

Your use is in good faith

====================================================================== 24. CHANGES TO THE SERVICE AND PRICING

SERVICE CHANGES: We reserve the right to modify the Service, including:

Adding or removing features and functionality

Changing how features work or appear

Modifying the user interface or user experience

Altering integrations or partnerships

Updating technical requirements or supported platforms

Changing storage limits or usage caps

Introducing new subscription tiers

Discontinuing legacy features

Migrating to new technologies or infrastructure

For material changes that significantly reduce core functionality you're paying for, we'll provide at least 30 days' notice before implementation.

PRICING CHANGES: We may change subscription prices at any time. For price increases:

We'll provide at least 30 days' advance notice

Changes apply at your next billing cycle (not mid-cycle)

Notice will be sent to your account email

If you don't accept the new pricing, you may cancel before the increase takes effect

For price decreases, changes may take effect immediately or at your next billing cycle.

BETA TO GENERAL AVAILABILITY: When Hoist exits beta and moves to general availability:

Pricing may change

Features may be restructured into different subscription tiers

We'll provide at least 60 days' notice before any price increases for existing users

Early beta users may receive preferential pricing (but this is not guaranteed)

GRANDFATHER CLAUSES: We're not obligated to maintain legacy pricing or feature sets indefinitely. However, for existing paying customers, we will:

Provide reasonable notice (60+ days) before material pricing changes

Consider reasonable transition periods

Not make arbitrary large price increases without substantial added value

DISCONTINUATION: If we decide to discontinue the Service entirely:

We'll provide at least 90 days' notice

You'll have opportunity to export Your Data

You'll receive pro-rata refunds for prepaid unused time after discontinuation

We'll assist with reasonable transition arrangements

We don't anticipate discontinuing the Service, but this provision protects both parties if circumstances change.

====================================================================== 25. CONFIDENTIALITY

CONFIDENTIAL INFORMATION: During your use of the Service, you may have access to confidential information including:

Our software, source code, and technology

Security measures, architectures, and vulnerabilities

Business information and strategies

Pricing structures and financial information

Unreleased features, roadmap, or future plans

Information specifically marked as confidential

OBLIGATIONS: You agree to:

Keep all confidential information strictly confidential

Not disclose it to unauthorized parties

Use it only for authorized purposes (using the Service for your business)

Protect it with at least reasonable care (at least as much care as you use for your own confidential information)

Not use confidential information to compete with us or develop competing products

EXCEPTIONS: Confidentiality obligations don't apply to information that:

Is or becomes publicly available through no fault or breach by you

You already knew before we disclosed it

You independently developed without using our confidential information

You received from a third party who had the right to disclose it

Must be disclosed under law or court order (with notice to us if legally possible)

DURATION: This confidentiality obligation survives termination of these Terms and continues indefinitely for trade secrets, and for at least 5 years for other confidential information.

YOUR CONFIDENTIAL INFORMATION: We'll treat Your Data as confidential in accordance with our Privacy Policy. We won't use Your Data except as permitted by these Terms and our Privacy Policy.

====================================================================== 26. PUBLICITY AND REFERENCES

CUSTOMER LIST: We may identify you as a Hoist customer on our website and in marketing materials, including displaying your business name and logo, unless you opt out.

CASE STUDIES: We may wish to create case studies or success stories about your use of the Service. We'll request your approval before publishing any detailed case study. We won't disclose confidential or sensitive information without your permission.

TESTIMONIALS: If you provide testimonials, reviews, or feedback about Hoist, we may use them in marketing materials with attribution to you or your business.

OPT-OUT: You can opt out of publicity at any time by contacting us at accounts@hoist.nz. We'll remove your information from marketing materials within a reasonable timeframe (typically 30 days).

MUTUAL CONSENT: For any significant publicity use (press releases, detailed case studies, etc.), we'll obtain your explicit consent first.

====================================================================== 27. BETA TESTING AND EARLY ACCESS

CURRENT BETA STATUS: Hoist is currently in beta testing. This means the Service is still under development and may contain bugs, errors, or incomplete features.

BETA ACKNOWLEDGMENTS: By using the beta Service, you acknowledge and accept that:

Features may not work as intended or may be incomplete

The Service may be unstable or unavailable at times

Data loss or corruption may occur

Performance may be inconsistent

Features may change or be removed without notice

Support may be limited

Documentation may be incomplete

BETA FEEDBACK: We welcome your feedback during beta. You may provide feedback about:

Bugs or issues you encounter

Feature suggestions or improvements

Usability concerns

Performance problems

Any feedback you provide:

Is voluntary

Becomes our property

May be used without compensation to you

Helps us improve the Service for everyone

FUTURE BETA PROGRAMS: We may invite you to test specific beta features or early access programs in the future. Participation is voluntary. Beta features are:

Provided "as is" without warranties

May be removed or changed at any time

Not covered by any SLAs

May require separate acceptance of beta terms

CONFIDENTIALITY OF BETA FEATURES: During beta, some features or information may be confidential. Please don't publicly disclose unreleased features or sensitive information about the Service without our permission.

NO OBLIGATIONS: Participation in beta doesn't obligate us to:

Release any feature publicly

Continue offering any feature

Provide specific support levels

Implement your suggestions

TRANSITION FROM BETA: When we transition to general availability:

We'll announce the transition

Terms may be updated

Pricing may change (with notice)

Your account will transition automatically unless you cancel

====================================================================== 28. API AND DEVELOPER TERMS

API ACCESS: If you use our API (Application Programming Interface), you agree to:

Comply with all API documentation and technical specifications

Respect rate limits and usage restrictions

Not reverse engineer the API or our systems

Use the API only for legitimate integration purposes

Keep API credentials secure and confidential

Use current API versions (deprecated versions may stop working)

RATE LIMITS: We impose rate limits on API calls to ensure service stability:

Limits vary by subscription plan

Limits are specified in API documentation

Excessive use may result in throttling or temporary suspension

Contact us if you need higher limits

API CHANGES: We may modify, deprecate, or discontinue API endpoints:

We'll provide reasonable notice when possible (typically 90 days for major changes)

We're not obligated to maintain backward compatibility indefinitely

You're responsible for updating your integrations

Breaking changes will be communicated in advance when possible

THIRD-PARTY APPLICATIONS: If you develop applications that integrate with Hoist using our API:

You're responsible for your application's compliance with laws

You must have clear terms of service and privacy policy for your users

You can't mislead users about your relationship with Hoist

You can't imply endorsement by Hoist without written permission

We may require you to cease using the API at any time for cause

You grant us permission to test your integration for compliance

API CREDENTIALS:

API keys and credentials are confidential

You're responsible for all activity using your API credentials

Don't share API credentials with unauthorized parties

Rotate credentials if you suspect compromise

We may revoke credentials for Terms violations

USAGE DATA: We may monitor API usage for security, performance, and compliance purposes.

====================================================================== 29. CONTACT AND SUPPORT

SUPPORT CHANNELS: Technical support is available through:

Email: accounts@hoist.nz

Support availability and response times depend on your subscription plan.

BUSINESS HOURS: Standard support is provided during New Zealand business hours:

Monday to Friday, 9:00 AM - 5:00 PM NZST/NZDT

Excluding New Zealand public holidays

CONTACT INFORMATION: For different types of inquiries:

General inquiries: accounts@hoist.nz

Company details: Hoist Software LTD Company Number: 8842848 NZBN: 9429051507626 Website: https://hoist.nz

RESPONSE TIMES: Response times vary by:

Subscription plan (Basic, Professional, Enterprise)

Issue severity (Critical, High, Medium, Low)

Time of contact (business hours vs. after hours)

We don't guarantee specific response times except as specified in Enterprise SLAs.

PRIVACY AND DATA REQUESTS: For privacy-related requests (access, correction, deletion of personal information), contact accounts@hoist.nz or use the privacy request forms in your account settings.

COMPLAINTS: If you have a complaint about our service:

Contact accounts@hoist.nz with details

We'll acknowledge within 2 business days

We'll investigate and respond within 10 business days

If unresolved, you may escalate to accounts@hoist.nz

If we can't resolve your complaint, you may:

Contact the Commerce Commission (www.comcom.govt.nz)

Seek independent legal advice

Use the dispute resolution process in Section 18

====================================================================== 30. FINAL PROVISIONS

ACKNOWLEDGMENT: BY CREATING AN ACCOUNT OR USING THE SERVICE, YOU ACKNOWLEDGE THAT:

You have read and understood these Terms in full

You agree to be bound by these Terms

You have the authority to enter this agreement

You understand the limitations, disclaimers, and your obligations

You accept the risks associated with using beta software

If you're a business user, you acknowledge that the Consumer Guarantees Act 1993 does not apply

ACCEPTANCE: Your use of the Service constitutes acceptance of these Terms. If you don't agree, you must not use the Service.

EFFECTIVE DATE: These Terms are effective as of November 10, 2025 (the date stated at the top) and remain in effect until terminated or modified in accordance with Section 1.

VERSION: This is Version 1.0 (Beta) of our Terms of Service.

CONFLICTS: In case of conflict between these Terms and other documents:

Separate written agreements (if any, such as Enterprise Agreements)

These Terms of Service

Specific Service Level Agreements (if any)

Privacy Policy

Other policies referenced herein

UPDATES AND AVAILABILITY: The most current version of these Terms is always available at:

https://hoist.nz/privacy-policy

In your account settings under "Legal"

We may notify you of updates, but it's your responsibility to review Terms regularly.

QUESTIONS OR CONCERNS: If you have questions about these Terms, your rights and obligations, or any aspect of the Service, please contact us:

Email: accounts@hoist.nz

Include "Terms of Service Question" in the subject line

We'll respond within 5 business days

CONSUMER INFORMATION: If you're a New Zealand consumer and have concerns about our practices, you can contact:

Commerce Commission PO Box 2351 Wellington 6140 New Zealand Phone: 0800 943 600 Website: www.comcom.govt.nz

Office of the Privacy Commissioner PO Box 10094 Wellington 6143 New Zealand Phone: 0800 803 909 Website: www.privacy.org.nz

======================================================================

END OF TERMS OF SERVICE

Last Updated: November 10, 2025 Version: 1.0 (Beta)

Hoist Software LTD (Company Number: 8842848, NZBN: 9429051507626) All rights reserved.

These Terms of Service are governed by New Zealand law and subject to the exclusive jurisdiction of New Zealand courts.

© 2025 Hoist Software LTD. All rights reserved.