Terms and Conditions

Terms & Conditions

flat-tak

Terms and Conditions of Use

Effective Date: 7 June 2025

1. Acceptance of Terms

By accessing or using the flat-tak application ("Application"), you agree to be bound by these Terms and Conditions ("Terms"). These Terms form a legally binding agreement between you ("User") and Zeawii Limited, a company incorporated in New Zealand ("Zeawii", "we", "us", or "our").

If you do not agree to these Terms in their entirety, you must immediately discontinue your use of the Application. Your continued use of the Application constitutes your ongoing acceptance of these Terms and any updates made to them.

2. About flat-tak

flat-tak is a group management and coordination application designed to assist individuals and organisations in managing and running groups of people. The Application is provided on an "as is" and "as available" basis.

flat-tak is currently in a testing phase, initially available in New Zealand. Zeawii reserves the right to expand, restrict, or modify the geographical availability of the Application at any time without notice.

3. Eligibility

By using the Application, you represent and warrant that:

You are at least 18 years of age, or have the consent of a parent or legal guardian;
You have the legal authority to enter into these Terms;
Your use of the Application complies with all applicable laws and regulations in your jurisdiction.

4. User Accounts and Access

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Zeawii immediately of any unauthorised access or breach of security. Zeawii shall not be liable for any loss or damage arising from your failure to protect your account information.

5. User Data — Your Responsibility

IMPORTANT NOTICE REGARDING DATA RESPONSIBILITY:

Zeawii Limited is not responsible for, and expressly disclaims all liability relating to, any data, content, or information that you or any other user enters into, uploads to, or otherwise submits through the Application ("User Data"). This includes, without limitation:

The accuracy, completeness, or truthfulness of any User Data;
Any loss, corruption, or unauthorised access to User Data;
Any consequences arising from the entry, storage, sharing, or use of User Data within or through the Application;
Any personal data of third parties entered into the Application by you or members of your group;
Any decisions made based on information contained in or generated by the Application.

You are solely responsible for ensuring that any User Data you enter complies with applicable laws, including privacy laws, and does not infringe any third-party rights. If you enter personal information about other individuals, you warrant that you have obtained all necessary consents to do so.

6. Use of Data for Commercial Purposes

By using the Application and submitting User Data, you grant Zeawii Limited a non-exclusive, worldwide, royalty-free, perpetual licence to access, use, process, analyse, aggregate, and otherwise utilise User Data and usage data for any lawful commercial purpose, including but not limited to:

Improving and developing the Application and related products or services;
Analytics, research, and business intelligence activities;
Marketing, promotional, and advertising purposes;
Sharing aggregated or anonymised data with third parties for commercial gain;
Sale or licensing of aggregated or de-identified datasets to third-party organisations.

Where required by applicable law, Zeawii will take reasonable steps to anonymise or de-identify personal information before using it for commercial purposes. However, you acknowledge and accept that Zeawii may derive commercial value from data generated through your use of the Application.

Nothing in these Terms shall be construed as limiting Zeawii’s ability to use non-personal, aggregated, or anonymised data in any manner it sees fit.

7. Privacy

Zeawii’s collection and handling of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Application, you consent to the collection, use, and disclosure of your personal information in accordance with the Privacy Policy.

The Application is initially available in New Zealand. Zeawii complies with the New Zealand Privacy Act 2020 in its handling of personal information. Users accessing the Application from other jurisdictions are responsible for ensuring their use complies with local privacy laws.

8. Updates to These Terms

IMPORTANT — PLEASE READ CAREFULLY:

Zeawii reserves the absolute right to update, amend, modify, or replace these Terms at any time and at its sole discretion, without prior notice to users.

Any changes to these Terms will take effect immediately upon being posted within the Application or on Zeawii’s website. It is your responsibility to review the Terms regularly.

If you do not agree with any updated Terms, you must stop using the Application immediately. Your continued use of the Application after any changes to the Terms constitutes your full acceptance of the revised Terms. Zeawii may, at its discretion, require you to actively re-accept the updated Terms before continuing to use the Application.

9. Intellectual Property

All intellectual property rights in and to the Application, including but not limited to software, design, trademarks, and content created by Zeawii, are owned by or licensed to Zeawii Limited. Nothing in these Terms grants you any right or licence to use Zeawii’s intellectual property other than as expressly permitted by these Terms.

10. Prohibited Conduct

You must not use the Application to:

Violate any applicable law or regulation;
Enter false, misleading, or fraudulent data;
Infringe the rights, including privacy rights, of any third party;
Distribute unsolicited communications, spam, or malicious content;
Attempt to gain unauthorised access to any part of the Application or its systems;
Reverse-engineer, decompile, or otherwise attempt to extract the source code of the Application;
Use the Application in any way that could damage, disable, or impair its functionality.

11. Availability and Modification of the Application

Zeawii does not warrant that the Application will be available at all times, error-free, or uninterrupted. We reserve the right to modify, suspend, or discontinue the Application (or any part of it) at any time without notice and without liability to you.

12. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ZEAWII DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Zeawii does not warrant that the Application is suitable for your specific needs or that any information provided through the Application is accurate, complete, or reliable.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZEAWII LIMITED, ITS DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH:

Your use of or inability to use the Application;
Any User Data entered into or generated by the Application;
Any errors, omissions, or inaccuracies in the Application;
Any unauthorised access to or use of our systems;
Any third-party conduct or content.

Where liability cannot be excluded by law, Zeawii’s total liability to you for any claim arising from or relating to the Application shall not exceed the greater of NZD $100 or the total amount paid by you to Zeawii in the three months preceding the claim.

14. Indemnification

You agree to indemnify, defend, and hold harmless Zeawii Limited and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:

Your use or misuse of the Application;
Your User Data;
Your breach of these Terms;
Your violation of any law or the rights of any third party.

15. Third-Party Services

The Application may integrate with or link to third-party services. Zeawii is not responsible for the availability, content, or practices of any third-party service. Your use of third-party services is subject to their own terms and conditions, and Zeawii accepts no liability in connection with them.

16. International Use

While the Application is initially offered in New Zealand, it may be used internationally. Users outside New Zealand are responsible for ensuring their use of the Application complies with all laws applicable in their jurisdiction. Zeawii makes no representation that the Application is appropriate or available for use in all locations.

These Terms are governed by the laws of New Zealand. You irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute arising out of or in connection with these Terms or the Application.

17. Termination

Zeawii may suspend or terminate your access to the Application at any time, with or without cause, and with or without notice. Upon termination, all rights granted to you under these Terms will immediately cease. Clauses that by their nature should survive termination (including those relating to data use, liability, and indemnification) shall continue in full force.

18. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or severed to the minimum extent necessary, and the remaining Terms shall continue in full force and effect.

These Terms (together with the Privacy Policy) constitute the entire agreement between you and Zeawii with respect to your use of the Application and supersede all prior agreements, representations, and understandings.

19. No Waiver

Zeawii’s failure to enforce any right or provision in these Terms shall not constitute a waiver of that right or provision unless acknowledged and agreed to in writing by Zeawii.

20. Contact Information

If you have any questions regarding these Terms, please contact:

Zeawii Limited

New Zealand

Email: support@zeawii.com