Terms of Service

1. Agreement to these terms

These Terms of Service (“Terms”) govern your access to and use of the Flintero website, applications and services (together, the “Service”), provided by Flintero (“Flintero”, “we”, “us” or “our”). By creating an account, or by accessing or using the Service, you agree to these Terms. If you are agreeing on behalf of a business, you confirm you are authorised to bind that business.

2. The Service

Flintero provides software to help service businesses manage bookings, customers, jobs, invoices, payments and communications. We may add, change or remove features over time to improve the Service. Some features depend on your subscription plan.

3. Accounts and eligibility

• You must provide accurate account information and keep it up to date.
• You are responsible for activity under your account and for keeping your login credentials secure. Tell us promptly of any unauthorised use.
• You must be at least 18 years old and able to enter into a binding contract.
• Account holders are responsible for their team members’ use of the Service.

4. Plans, trials and subscriptions

We offer a free tier and paid subscription plans, as described on our pricing page. Paid plans renew automatically for successive periods (monthly or as stated) until cancelled. Any free trial runs for the stated period, after which the plan you selected begins unless you cancel beforehand.

5. Fees, billing and taxes

• Fees are charged in advance for each billing period and are stated exclusive of GST or other taxes unless noted; applicable taxes will be added.
• You authorise us (and our payment provider) to charge your chosen payment method for all fees due.
• If a payment fails or is overdue, we may suspend or limit access until it is resolved.
• Except where required by the Consumer Guarantees Act 1993, the Australian Consumer Law or other non-excludable law, fees already paid are non-refundable. Cancelling stops future renewals; it does not refund the current period.

6. Your data and your customers’ data

You retain ownership of the data you put into the Service (“Your Data”), including your customer records. You grant us a limited licence to host, process and transmit Your Data solely to provide and support the Service. Our handling of personal information is described in our Privacy Policy.

You are responsible for Your Data and for having the right to collect and use it, including obtaining any consents required from your own customers. You can export Your Data while your account is active.

7. Messaging and marketing compliance

Flintero lets you send SMS and email reminders and campaigns to your customers. You are solely responsible for ensuring those messages comply with applicable law, including the New Zealand Unsolicited Electronic Messages Act 2007 and the Australian Spam Act 2003. This means you must have the recipient’s consent where required, identify yourself as the sender, and honour opt-out requests. You must not use the Service to send unlawful, deceptive or unsolicited bulk messages.

8. Acceptable use

You agree not to:

• break the law or infringe anyone’s rights when using the Service;
• upload malware, attempt to gain unauthorised access, or disrupt or probe the Service or its security;
• reverse engineer, resell or copy the Service except as permitted by law;
• use the Service to store or send objectionable, fraudulent or harassing content; or
• place unreasonable load on the Service or interfere with other customers’ use.

9. Third-party services

The Service may integrate with third-party products (for example accounting software and payment providers). Your use of those products is governed by their own terms, and we are not responsible for them. If a third-party service changes or becomes unavailable, some features may be affected.

10. Intellectual property

The Service, including its software, design and content (excluding Your Data), is owned by Flintero and its licensors and is protected by intellectual property laws. We grant you a non-exclusive, non-transferable right to use the Service in accordance with these Terms for the duration of your subscription. If you send us feedback, you allow us to use it to improve the Service without obligation to you.

11. Availability

We work to keep the Service available and reliable, but it is provided on an “as is” and “as available” basis. We may carry out maintenance and occasionally the Service may be unavailable. You are responsible for keeping your own copies/exports of important data.

12. Consumer law and warranties

Nothing in these Terms limits rights you have that cannot be excluded under applicable law, including the Consumer Guarantees Act 1993 and Fair Trading Act 1986 (New Zealand) or the Australian Consumer Law. Where you acquire the Service for the purposes of a business, to the extent permitted by law (including section 43 of the Consumer Guarantees Act 1993) those consumer guarantees do not apply. Otherwise, and to the maximum extent permitted by law, we exclude all other warranties.

13. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue, goodwill or data. Our total liability arising out of or in connection with the Service in any 12-month period is limited to the fees you paid us for the Service in that period. Nothing in these Terms excludes liability that cannot lawfully be excluded.

14. Indemnity

You agree to indemnify us against claims, losses and costs arising from Your Data, your messaging to your customers, or your breach of these Terms or applicable law, except to the extent caused by us.

15. Suspension and termination

You may cancel your subscription at any time from your account settings; cancellation takes effect at the end of the current billing period. We may suspend or terminate your access if you materially breach these Terms, fail to pay, or use the Service in a way that risks harm to us or others. On termination your right to use the Service ends; we will make Your Data available for export for a reasonable period before deletion, unless the law requires otherwise.

16. Changes to these terms

We may update these Terms from time to time. When we make material changes we will update the “Last updated” date above and, where appropriate, notify you. Your continued use of the Service after changes take effect means you accept the updated Terms.

17. Governing law

These Terms are governed by the laws of New Zealand, and the courts of New Zealand have non-exclusive jurisdiction over any dispute. If you use the Service in Australia, mandatory consumer protections of Australian law continue to apply to you.

18. Contact

Questions about these Terms? Email hello@flintero.com or write to Flintero, Hamilton, New Zealand.