Terms of Service

Last updated: 2 June 2026

1. Agreement to terms

These Terms of Service ("Terms") form a binding agreement between you (and the organisation you represent) ("you", "your" or "Customer") and Trakeit, operated by CHN Automation ("Trakeit", "we", "us" or "our"). By creating an account, starting a trial, or using the platform, you agree to these Terms. If you are agreeing on behalf of an organisation, you confirm you have authority to bind it.

2. Definitions

• Platform / Service — the Trakeit web and mobile applications, websites and related services.
• Customer Data — data you or your users submit to the platform, including information about your clients, jobs, staff and finances.
• Users — the people you authorise to access the platform under your account.
• Subscription — your paid plan for access to the platform.

3. The service & licence

Subject to these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable right to access and use the platform for your internal business purposes during your subscription. We may improve, change or discontinue features from time to time; we will not make changes that materially reduce core functionality of a paid plan without reasonable notice.

4. Accounts & eligibility

You must provide accurate registration information and keep it up to date. You are responsible for your Users, for keeping login credentials secure, and for all activity under your account. Notify us promptly of any unauthorised access. The platform is intended for use by businesses and is not directed at consumers acting for personal, domestic or household purposes.

5. Subscription, fees & GST

• Fees are charged per user per billing period on the plan you select, and are payable in advance unless agreed otherwise.
• Prices are stated in New Zealand dollars and are exclusive of GST unless stated; GST and any other applicable taxes will be added where required.
• Subscriptions renew automatically for successive periods unless cancelled before the renewal date. You can cancel at any time, effective at the end of the current paid period.
• Except where required by law, fees already paid are non-refundable. We may change pricing on reasonable notice, effective from your next renewal.
• We may suspend access for overdue amounts after giving you notice and a reasonable opportunity to pay.

6. Free trials

We may offer a free trial. At the end of the trial the platform may require a paid subscription to continue. We may modify or withdraw trials at any time. Data you enter during a trial may be deleted if you do not subscribe within a reasonable period after the trial ends.

7. Your data & ownership

As between you and us, you own your Customer Data. You grant us a licence to host, process and use Customer Data only as needed to provide, secure and support the platform and as otherwise permitted in our Privacy Policy. You are responsible for the accuracy and legality of your Customer Data and for having the right to provide it to us. You can export your Customer Data while your subscription is active. We handle personal information in accordance with the Privacy Act 2020 and our Privacy Policy.

8. Acceptable use

You agree not to:

• use the platform unlawfully, or to store or transmit unlawful, infringing or harmful content;
• attempt to gain unauthorised access to, disrupt, or reverse engineer the platform;
• resell or provide the platform to third parties except as expressly permitted;
• send unsolicited messages in breach of the Unsolicited Electronic Messages Act 2007; or
• use the platform to infringe the rights of, or misrepresent yourself to, any person.

9. Third-party integrations

The platform can connect to third-party services (for example, Xero, MYOB, mapping, email and SMS providers). Your use of those services is governed by their own terms, and we are not responsible for them. Enabling an integration authorises us to exchange relevant data with that service to provide the feature.

10. Availability & support

We aim to keep the platform available and to provide support during business hours, but we do not guarantee uninterrupted or error-free operation. We may carry out maintenance, and will use reasonable efforts to schedule significant maintenance to minimise disruption.

11. Warranties & consumer law

Nothing in these Terms limits rights you have under the Consumer Guarantees Act 1993 ("CGA") or the Fair Trading Act 1986 ("FTA") that cannot lawfully be excluded.

Where you acquire the platform for the purposes of a business, you agree that the guarantees in the CGA do not apply, and that sections 9, 12A, 13 and 14(1) of the FTA do not apply, to the maximum extent permitted by law (as contemplated by section 5D of the FTA and section 43 of the CGA). To the extent permitted by law, the platform is provided "as is" and we exclude all other warranties, whether express or implied.

12. Limitation of liability

To the maximum extent permitted by law, and subject to section 11: (a) neither party is liable for indirect, consequential, or special loss, or for loss of profits, revenue, goodwill or data; and (b) our total aggregate liability arising out of or in connection with these Terms is limited to the fees you paid to us for the platform in the 12 months before the event giving rise to the liability. Nothing in these Terms limits liability that cannot be limited by law.

13. Term, suspension & termination

These Terms apply while you use the platform or have an active subscription. Either party may terminate for material breach that is not remedied within 14 days of written notice. We may suspend or limit access where reasonably necessary to protect the platform, other customers, or to comply with law. On termination, your right to use the platform ends; we will make Customer Data available for export for a reasonable period, after which it may be deleted. Clauses that by their nature should survive (including 7, 11–12 and 16) survive termination.

14. Changes to these terms

We may update these Terms from time to time. We will post the updated version here and update the "Last updated" date. For material changes we will give reasonable notice through the service or by email. Continuing to use the platform after changes take effect means you accept the updated Terms.

15. Governing law & disputes

These Terms are governed by the laws of New Zealand, and the New Zealand courts have non-exclusive jurisdiction. Before starting proceedings, the parties will attempt in good faith to resolve any dispute through discussion, and may agree to mediation.

16. General

• Assignment — you may not assign these Terms without our consent; we may assign them to a successor of our business.
• Severability — if any provision is unenforceable, the rest remains in force.
• Force majeure — neither party is liable for delay or failure caused by events beyond its reasonable control.
• Entire agreement — these Terms and any order form or written agreement between us form the entire agreement and supersede prior discussions.
• Notices — we may give notices through the platform or by email to your account address.

17. Contact