These Terms govern access to and use of Dashub websites, applications, services and demonstration environments. By creating an account, accepting an order, starting a trial or using a Dashub product, you agree to these Terms. If you act for an organisation, you confirm that you have authority to bind it.
1 Parties and scope
1.1 These Terms are between Dashub Limited, referred to as Dashub, we, us or our, and the person or organisation that accesses or uses a Dashub product, referred to as you or your.
1.2 Dashub products may include customer relationship management, workflow, task, communications, reporting, dashboard, parts-tracking, payment-plan and related software services. Product-specific terms, an order form, proposal or service schedule may add to these Terms. If they conflict, the signed order or product-specific terms prevail for that product, followed by these Terms.
1.3 You must be at least 18 years old and legally able to enter a contract. An organisation is responsible for its authorised users and their compliance with these Terms.
2 Accounts and security
2.1 You must provide accurate account information, keep it current and protect your login credentials. Accounts are personal to the authorised user and may not be shared unless the product expressly permits shared access.
2.2 You must promptly tell us at info@dashub.co.nz if you suspect unauthorised access, credential compromise or misuse. We may require password resets, multi-factor authentication or other reasonable security steps.
2.3 You are responsible for actions taken through your account unless they result from our failure to apply reasonable security measures.
3 Subscriptions, orders and payment
3.1 The applicable order, checkout page or proposal states the product, users, term, fees, billing frequency and any usage limits. Unless stated otherwise, fees are in New Zealand dollars and exclude GST.
3.2 Subscriptions renew for the same billing period until cancelled in accordance with the order or these Terms. We will disclose recurring charges before purchase and provide any notice required by law before a material price or renewal change.
3.3 You authorise us and our payment provider to charge due amounts using the selected payment method. You must keep billing details current. We may suspend paid services for overdue undisputed amounts after reasonable notice, except where applicable law requires otherwise.
3.4 Fees already paid are non-refundable except where an order says otherwise or applicable law requires a refund or other remedy.
3.5 We may change fees on renewal by giving at least 30 days notice. A price change does not apply retrospectively to a prepaid fixed term.
4 Demonstration trials
4.1 A Dashub Demo trial begins when the user verifies their email address and expires 72 hours later unless we extend it in writing.
4.2 Demo data is fictional and the Demo is provided only to evaluate the product. You must not enter real personal information, confidential information or production business data.
4.3 Demo accounts cannot send external communications, make calls, connect external email or productivity services, perform paid data lookups, upload files, invite users or access security administration. Demonstrated send actions are simulated and send nothing.
4.4 We may limit, suspend or end a Demo where reasonably necessary for security, abuse prevention, capacity or maintenance. One automatic Demo is permitted per email address unless we approve another trial.
4.5 When the Demo expires, we may delete its operational records. We may retain the registration details, consent record and aggregated usage summary described in our Privacy Policy.
5 Acceptable use
You must not, and must not allow another person to:
- use a Dashub product unlawfully, fraudulently, deceptively or to harm another person;
- upload malicious code, interfere with security, probe vulnerabilities or disrupt the service;
- attempt to access another customer, user, tenant, system, credential or data set;
- reverse engineer, scrape, copy or reproduce the service except to the limited extent the law cannot prohibit it;
- use the service to send spam or communications without the consents and sender information required by law;
- store or process information you are not authorised to collect, use or disclose;
- use automated means in a way that exceeds documented limits or materially burdens the service; or
- remove proprietary notices or represent that a Dashub product belongs to another person.
We may investigate suspected misuse and apply proportionate restrictions. Where practicable, we will notify you and allow a reasonable opportunity to remedy the issue unless immediate action is needed to protect people, data or systems.
6 Customer data
6.1 As between you and Dashub, you retain ownership of the information, records, content and files you or your authorised users submit to the service, referred to as Customer Data.
6.2 You grant us a limited licence to host, copy, process, transmit and display Customer Data only as reasonably necessary to provide, secure, support and improve the contracted service, comply with law and carry out your instructions.
6.3 You are responsible for the legality, accuracy and quality of Customer Data and for having all necessary notices, permissions and lawful grounds. Where you use communications features, you remain accountable for recipients, content, consent, suppression and approval decisions.
6.4 We will make Customer Data available for export using the product tools or a reasonable alternative while the account is active and for the post-termination period stated below. We will not claim ownership of Customer Data or use it to compete with you.
6.5 We may create statistical or technical information that no longer identifies you or any individual. We may use that de-identified information to operate, secure and improve Dashub products, provided it cannot reasonably be re-identified.
7 Privacy and data processing
7.1 Each party must comply with applicable privacy law. Our handling of account, website and trial information is described in the Dashub Privacy Policy.
7.2 For Customer Data that you control, you are the responsible agency or controller and Dashub acts as your service provider or processor, except where we independently determine the purpose of collection, such as billing, security and legal compliance.
7.3 We will apply reasonable technical and organisational safeguards, restrict personnel access to legitimate needs, and notify you without undue delay after confirming a security incident affecting your Customer Data where notification is appropriate or required.
7.4 We may use reputable infrastructure, storage, email, analytics, support and integration providers, including providers outside New Zealand. We remain responsible for selecting and managing them consistently with applicable law and our Privacy Policy.
8 Third party services and integrations
8.1 If you enable an integration, you authorise Dashub to exchange relevant data with that provider. The provider controls its own service and terms. You are responsible for maintaining the provider account and permissions.
8.2 We are not responsible for a third-party service, its availability, changes or use of data outside Dashub. We will not materially expand an integration’s access without your instruction or appropriate notice.
9 Communications and automated assistance
9.1 Dashub may provide templates, workflow automation, data matching, recommendations or AI-assisted outputs. These features support human work and do not replace professional judgement.
9.2 You remain responsible for reviewing and approving customer-facing communications, legal or compliance decisions, financial information and other material actions before they are used or sent.
9.3 You must comply with the Unsolicited Electronic Messages Act 2007 and other applicable marketing, consent and communications laws. Product controls assist with compliance but do not transfer your responsibility to Dashub.
10 Availability, changes and support
10.1 We aim to provide a reliable service but do not promise uninterrupted or error-free operation. Maintenance, security events, internet failures and third-party outages may affect availability.
10.2 We may improve or change features. We will give reasonable notice before a change that materially reduces core paid functionality, unless urgent security, legal or provider changes make advance notice impracticable.
10.3 Support arrangements and any service levels are those stated in the applicable order or product schedule.
11 Intellectual property and feedback
11.1 Dashub and its licensors own the software, designs, documentation, workflows, databases, branding and other intellectual property in the service, excluding Customer Data.
11.2 During the subscription, we grant you a limited, non-exclusive, non-transferable right to use the service for its intended purpose. No source code or ownership rights are transferred.
11.3 If you provide feedback, you permit us to use it without restriction or payment, provided we do not identify you publicly without permission or disclose your confidential information.
12 Confidentiality
Each party must protect the other party’s non-public information using at least reasonable care and use it only for the relationship. This does not apply to information already lawfully known, independently developed, public without breach, or required to be disclosed by law. Where lawful, the receiving party will give advance notice of a compelled disclosure.
13 Suspension and termination
13.1 You may cancel as described in the order or account controls. Unless the order states otherwise, cancellation takes effect at the end of the current paid billing period.
13.2 Either party may terminate for a material breach that is not remedied within 14 days after written notice, or immediately if the breach cannot be remedied, the other party becomes insolvent, or continued service would be unlawful or create a serious security risk.
13.3 After termination, access ends. On request made within 30 days, we will provide a reasonable export of Customer Data unless prohibited by law or the data has already been deleted under an agreed retention schedule. After that period, we may securely delete Customer Data, subject to legal retention requirements and backups that expire in the ordinary cycle.
13.4 Terms intended to survive termination continue, including payment obligations, confidentiality, intellectual property, liability, dispute and data-export provisions.
14 Warranties and consumer rights
14.1 Nothing in these Terms excludes or limits rights or remedies that cannot lawfully be excluded, including rights available to consumers under the Consumer Guarantees Act 1993 and Fair Trading Act 1986.
14.2 If you acquire the service in trade, both parties agree that the Consumer Guarantees Act 1993 does not apply and that sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 are contracted out of only to the extent permitted by law. The parties agree this is fair and reasonable because the service is acquired for business purposes and these Terms allocate risk between commercial parties. This clause does not apply to a consumer acquisition.
14.3 Subject to clauses 14.1 and 14.2, we warrant that we will provide the service with reasonable care and skill. Except as expressly stated, the service is provided on an as-available basis and we do not guarantee that it will meet every requirement or produce a particular commercial result.
15 Liability
15.1 Nothing limits liability for fraud, wilful misconduct, breach of confidentiality, infringement of the other party’s intellectual property, or any liability that cannot lawfully be limited.
15.2 Where you acquire the service as a consumer, our liability is not limited to the extent doing so would remove a mandatory consumer right or remedy.
15.3 For business customers, neither party is liable for indirect or consequential loss, loss of profit, revenue, opportunity, goodwill or anticipated savings. Subject to clause 15.1, each party’s total aggregate liability arising in any 12-month period is limited to the fees paid or payable for the affected service during that period.
15.4 The limitations apply to the maximum extent permitted by law and regardless of the legal basis of the claim. They do not require you to pay for a service that applicable law entitles you to reject or cancel.
16 Indemnity for unlawful customer activity
For business customers only, you indemnify Dashub against third-party claims and reasonable costs caused by your unlawful Customer Data, unlawful communications, infringement of third-party rights or deliberate misuse of the service. This does not apply to the extent the claim was caused by Dashub’s breach, negligence or wilful misconduct.
17 Changes to these Terms
We may update these Terms for legal, security, operational or product reasons. We will provide reasonable notice of material changes. Changes apply prospectively. If a material change significantly disadvantages a paid customer, that customer may cancel the affected service before the change takes effect and receive any refund required by law or the applicable order.
18 Disputes and governing law
18.1 Contact info@dashub.co.nz first so we can try to resolve a concern promptly. Nothing prevents a consumer from using the Disputes Tribunal, a regulator or another remedy available by law.
18.2 These Terms are governed by New Zealand law. Subject to mandatory consumer rights, the New Zealand courts have non-exclusive jurisdiction.
19 General
19.1 Neither party is liable for delay caused by events reasonably beyond its control, except that this does not excuse payment already due or obligations that can still reasonably be performed.
19.2 You may not assign these Terms without our consent, which will not be unreasonably withheld. We may assign them as part of a genuine restructuring, financing or sale of the relevant business, provided your rights are not materially reduced.
19.3 If a provision is unenforceable, it is modified to the minimum extent necessary or severed, and the remainder continues. A failure to enforce a right is not a waiver. These Terms, together with the applicable order and product terms, form the entire agreement about the service.
20 Contact
Dashub Limited
PO Box 319, Wellington Mail Centre, Wellington 6140, New Zealand
Email: info@dashub.co.nz
