Terms and Conditions

Overview

These terms and conditions (Terms) apply to your use of Usable Balance. By using Usable Balance, you agree to be bound by these Terms. These Terms are a binding contract between us and you.

Read these Terms carefully as they outline your legal rights and obligations.

Words that are capitalised have defined meanings, which can be found in the Glossary at the end of this document.

We might make changes to our Terms from time to time. Continuing to use our services after the change becomes effective means you agree to the new agreement.

1. Using Usable Balance

1.1 These Terms apply to Usable Balance

We agree to supply, and you agree to use, Usable Balance in accordance with these Terms.

1.2 Understanding Usable Balance's Purpose

Usable Balance is a financial platform that helps you gain realtime, actionable insights from your financial information. Our services allow you to connect data sources (such as bank accounts or the IRD) so that we can generate real-time insights on your behalf (such as your Usable Balance - how much money in your account is safe to spend). To allow us to generate Taxable Supply Information that can in time replace the need for receipts, you are approving us to use the information you provide in Taxable Supply Information for your customers, and for Usable Balance to supply you with Taxable Supply Information if you trade with a business that Usable Balance holds information on.

2. Your Responsibilities

2.1 Do’s and Don’ts

As someone using Usable Balance, you must:

• Provide current contact details. You must ensure that we have your up-to-date contact details.
• Control access to your connected accounts. You control which accounts you have connected to Usable Balance including your financial advisors (accountants, bookkeepers, etc). It is your responsibility to ensure that only authorised accounts have access to your Usable Balance.
• Be responsible. You are responsible for the acts or omissions related to the accounts you connect to Usable Balance.
• Comply with any obligations related to your connected accounts.
• Provide accurate data. You are responsible for the accuracy and completeness of any financial information you connect to Usable Balance.
• Backup Data. There is an inherent risk of data loss with any technology. You should regularly backup your financial records independently.
• Keep your own records. You should retain a copy of your business and financial records.
• Comply with Applicable Law. It is your responsibility to comply with Applicable Law, including retaining records for Tax Law compliance purposes. If your access to Usable Balance is terminated, you should ensure you have retained all necessary data.
• Make sure that Usable Balance is right for you. The features and functionality of Usable Balance may change over time. Your needs may also evolve. This means that Usable Balance may not be, or may not remain, suitable for your needs. You must assess the ongoing suitability of Usable Balance to meet your needs.

When accessing Usable Balance, you must not:

• Break the law. You must not use Usable Balance in a way that contravenes any Applicable Law or violates a third party’s legal rights;
• Interfere with the operation of Usable Balance.
• Attempt to reverse engineer the Usable Balance software. You must not reverse-engineer, decompile, or otherwise attempt to discover source code, formulae or processes in respect of the software behind Usable Balance;
• Copy Usable Balance Intellectual Property or Content. You must not copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any Usable Balance content (except in respect of your own financial information or where we have given you prior written consent);
• Use Usable Balance in any way which is harmful. Including, but not limited to, using Usable Balance in any way which is harmful, threatening, abusive, vulgar, obscene or otherwise objectionable;
• Upload any material into Usable Balance that:
  • contains Personal Information of any individual without that individual’s express or implied consent; or
  • infringes the Intellectual Property Rights of any third party;
• Introduce viruses or malicious software into Usable Balance. You must not directly or indirectly introduce, or permit the introduction into Usable Balance of, any software viruses or other malicious computer code, files or programs, or in any other manner whatsoever corrupt, interrupt, destroy or limit the functionality of Usable Balance;
• Use Usable Balance to send “spam” or otherwise make available any offering which violates these Terms.
• Remove, modify or tamper with any copyright, acknowledgment, attribution, trade mark, warning, disclaimer, regulatory or legal notice or link that is incorporated into Usable Balance; or
• Act in a manner that is verbally or physically abusive, threatening or amounts to bullying or harassment of any of our employees, contractors or agents (including our customer support teams).

2.2 Product Support

Contact our customer support team at help@usablebalance.com.

Our customer support team will only respond to communications from you. For security reasons, our customer support team will not respond to instructions or requests from other parties.

2.3 Disruption

Usable Balance may be disrupted during certain periods due to circumstances or events beyond our reasonable control, including as a result of:

• internet service provider or telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
• negligent, malicious or wilful acts or omissions of third parties;
• maintenance or repairs carried out by any third party in respect of any of the systems used in connection with providing Usable Balance;
• services provided by third parties ceasing or becoming unavailable.

2.4 System maintenance

Usable Balance may also be disrupted during certain periods due to system maintenance or repairs. Where Usable Balance is unavailable because of system maintenance or repairs, we will endeavour to notify you beforehand except in cases where urgent system maintenance or repairs are needed to maintain critical functionality or security. Updates about system downtime may be posted by Usable Balance.

3. Data Sources

3.1 Connecting Data Sources

Our services allow you to connect data sources (such as bank accounts or the IRD) so that we can generate real-time insights on your behalf.

3.2 Data Sources

Organisations that provide your connected data (Data Sources):

• may have their own terms and conditions for providing your data.
• may not be under any obligation to continue providing us with your data and may have a right to stop doing so at any time without notice to either you or us.
• are not a party to any agency, partnership or joint venture relationship with us.

3.3 How you can end your use of Connected Data Sources

If you wish to terminate or cancel the connection of a data source but continue to use Usable Balance, you must manage this through the relevant provider or within Usable Balance if that functionality is provided.

3.4 When Data Sources can terminate or cancel your Data Feeds

Data Sources may have a right to terminate or cancel your data feed at any time, for any reason.

3.5 Fees for Data Feeds

If Data Sources charge you any fees related to your connected data sources, you are responsible for and must pay those fees. If Data Sources charge Usable Balance any fees related to your connected data sources, Usable Balance reserves the right to pass these fees on to you.

4. Data, IP and privacy

4.1 What you own: Your Data

(a) Ownership of Your Data

As the user of Usable Balance, you own your financial information connected to the platform.

(b) Licence to Your Data

As the user, you grant to us a non-exclusive licence to use your data:

• to enable us to perform our obligations under these Terms;
• to develop and improve our products and services;
• to identify, develop and deliver other functionality, products and services that may be of interest to you; and
• for other purposes to which you expressly consent from time to time.

(c) Necessary rights in Your Data

You warrant that you have obtained any necessary consents and have all necessary rights to grant us the licence to your data under section 4.1(b).

(d) Use of anonymised or aggregated data

As the user, you grant to us a licence to use anonymised or aggregated data that we create or derive from Your Data for any purpose, provided that such anonymised or aggregated data does not contain any Personal Information.

4.2 What we own: our IP

(a) Ownership of our Intellectual Property Rights

We (and our licensors, where applicable) own Usable Balance, including but not limited to software, source code, object code, and our templates, documents, marketing material, trade marks, business names, logos, trading styles, get-up, processes, methodologies and any of our other Intellectual Property Rights.

(b) Licence to use Usable Balance

4.3 Privacy

We take the privacy and protection of your data very seriously. We comply with the Privacy Act 2020 in relation to any personal information that we obtain or have access to as part of us providing the services to you. More about our privacy policy can be read as made available by Usable Balance.

You must obtain all necessary consents and provide all necessary notices in accordance with Applicable Laws about privacy (including the Privacy Act) in relation to any Personal Information you connect to Usable Balance, and you must ensure that the consents are sufficient to enable us to collect, hold, use and disclose the Personal Information in the manner contemplated in these Terms and our Privacy Policy.

5. Changes to these Terms or Usable Balance

5.1 Changes to these Terms

We may update this agreement from time to time. Continuing to use our services after the change becomes effective means you agree to the new agreement. We will act reasonably in exercising our right to change these Terms.

5.2 Changes to the functionality of Usable Balance

We may change Usable Balance, including by:

• adding, removing or discontinuing product features;
• changing the inclusions or limitations of our services;
• updating or modifying Usable Balance to enhance its functionality, performance, security, or compatibility.

If the changes are likely to have a material impact on how you use Usable Balance, we will endeavour to provide you with reasonable notice before the changes take effect.

5.3 Discontinuing Usable Balance

5.4 Your rights if we make changes

If we make material changes to these Terms or the functionality of Usable Balance that significantly impact your use, you may choose to stop using our services.

5.5 Continued Use

Continuing to use our services after being notified of changes to these Terms means you agree to the updated Terms from the effective date of the updated Terms.

6. Term and Termination

6.1 Termination by You

You may stop using Usable Balance at any time by disconnecting your data sources and ceasing to access the platform.

6.2 Termination by Us

We may terminate your access to Usable Balance at any time for any reason by providing you with 30 days written notice by email.

We may also suspend or terminate your access immediately if:

• you breach any of these terms;
• we believe it is reasonably necessary to protect the security of Usable Balance or your data or any critical functionality;
• your use of Usable Balance contravenes Applicable Law.

6.3 What happens on Termination

Upon termination:

• you must cease use of Usable Balance;
• we may retain your data in accordance with our Privacy Policy and Applicable Law.

7. Liability, Warranties and Indemnities

7.1 Limits to our liability

Usable Balance is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties and conditions, express or implied.

7.2 Consequential loss excluded

To the maximum extent permitted by Applicable Law, we are not responsible or liable to you for any consequential, incidental, indirect, special, exemplary or punitive damages, losses, or expenses (including but not limited to business interruption, loss of data, lost business, loss of revenue or lost profits) arising out of or in connection with your use of Usable Balance, even if we have been advised of the possibility of such damages.

7.3 You indemnify us

You indemnify us against any loss or claim we incur directly from or in direct connection with a third party claim or action against us relating to your use of Usable Balance.

8. General terms

8.1 Notices

Where we are required to give you written notice under these Terms, we can give notice either via email or in-product notification.

8.2 Entire agreement

These Terms constitute the entire agreement between us in connection with Usable Balance and supersede any previous agreements or communications.

8.3 What happens if some of these Terms can’t operate?

If any part of these Terms is void, unenforceable or illegal in a jurisdiction, that part does not apply in that jurisdiction. However, the remainder of the Terms continue in operation in that jurisdiction and the validity or enforceability of the remainder of these Terms is not affected.

8.4 No waiver

8.5 Assignment by you

You may not assign, novate or otherwise transfer your rights or obligations under these Terms to any third party without our prior written consent.

8.6 Assignment by us

We may assign, novate or otherwise transfer our rights and/or obligations under these Terms to any of our affiliated entities, or to any entity that acquires all or substantially all of our business or assets related to Usable Balance, and we will give you written notice of any such assignment, novation or transfer.

8.7 Which laws apply to the Terms?

These Terms are governed by the laws in force in New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.

8.8 Disputes and Customer Complaints

If you have any questions, complaints or claims that you wish to raise with us you can contact us at complaints@usablebalance.com.

9. Glossary

9.1 Definitions

The following expressions have the following meaning:

• Applicable Law means all laws, rules and regulations in force from time to time in New Zealand.
• Data Sources means accounts such as bank accounts, the IRD, payroll providers, or any other software or system that you connect to Usable Balance for the purposes of providing us with Your Data.
• Intellectual Property Rights means all present and future intellectual property rights, including patents, copyright, designs, trade marks, know-how and moral rights.
• Personal Information means that term as defined in the Privacy Act 2020.
• Privacy Act 2020 means the Privacy Act 2020 (NZ) as amended or replaced from time to time.
• Terms means these terms and conditions.
• Usable Balance means the financial platform and related services provided by Usable Balance Limited. It can also refer to the real-time insight generated on your behalf, indicating how much money in your account is safe to spend.
• We, us and our means Usable Balance Limited (New Zealand Business Number 9429052207730).
• You and your means the person or organisation that is using our services.
• Your Data means any data, graphics, images, information (including Personal Information) and other materials entered or uploaded by you, an authorised account (such as your accountant or bookkeeper), or a Data Source into Usable Balance.