SpendGuard™ Terms of Service

Last Updated: 6 May 2025

Please read these Terms of Use (“Terms”) carefully. By accessing or using the SpendGuard™ web or mobile application (the “Platform”), you (“you”, “your”, “User”) agree to be bound by these Terms. If you do not agree, you may not use the Platform.

1. Introduction

These Terms of Service (“TOS”) govern your access to and use of SpendGuard™, operated by Constant Control Limited (“we”, “us”, “our”). By registering for or using SpendGuard™, you agree to these TOS, our Privacy Policy (https://constantcontrol.co.nz/privacy-policy) and the Service Level Agreement (“SLA”) published at https://constantcontrol.co.nz/spendguard-service-level-agreement.

2. Definitions

“Customer Data” means all data, materials and content uploaded or submitted by you.
“Service” means the SpendGuard™ web application and related services.
“Business Hours” means 9 am–5 pm NZST, Monday–Friday (excluding public holidays).

3. Licence Grant

We grant you a non-exclusive, non-transferable licence to use the Service during the Subscription Term solely for your internal business purposes, subject to these TOS.

4. User Obligations

  • You must keep your account credentials confidential and notify us immediately of any unauthorised use.

  • You shall not attempt to probe, scan or test the vulnerability of the Service or breach its security.

5. Data Ownership & Privacy

  • Ownership: You retain all rights in your Customer Data.

  • Data Residency: All Customer Data is stored and processed in AWS Asia Pacific (Auckland) region, New Zealand.

  • Privacy: We process personal information in accordance with our Privacy Policy. We will not handle personal data in any AI systems without explicit agreement per our AI & Customer Protection Policy (https://constantcontrol.co.nz/ai-and-customer-protection-policy).

6. Fees & Payment

  • Fees are payable in advance per the ordering document.

  • Late payments incur a 1.5% monthly interest on the overdue amount.

7. Intellectual Property

All intellectual property rights in the Service (including software, documentation and user interface) are owned by Constant Control Limited or its licensors.

8. Acceptable Use

You agree not to:

  • Use the Service to store or transmit infringing, libellous, obscene or illegal content.

  • Interfere with the security or operation of the Service.

9. Third-Party Services & Integrations

  • The Service relies on AWS and may integrate with third-party APIs. We disclaim liability for unavailability or performance issues of those third parties.

10. Confidentiality

Each party agrees to keep confidential all non-public information received from the other under these TOS.

11. Disclaimers & Limitation of Liability

  • Disclaimer: The Service is provided “as is” and “as available.”

  • Liability Cap: Our aggregate liability for any claim arising out of or relating to these TOS shall not exceed the fees paid by you in the 12 months preceding the event.

  • Exclusions: We are not liable for indirect, consequential or punitive damages.

12. Indemnification

You agree to indemnify and hold us harmless from any third-party claims arising from your misuse of the Service or violation of these TOS.

13. Termination & Suspension

  • For Cause: We may suspend or terminate your access for non-payment or material breach on 10 business days’ notice if not remedied.

  • For Convenience: Either party may terminate on 30 days’ written notice at the end of the then-current subscription term.

  • Effect: Upon termination, your access ends and we will delete Customer Data after 30 days, unless otherwise required by law.

14. Notices

Notices to you will be sent to the email address on record or by posting on our website. Notices to us should be sent to legal@constantcontrol.co.nz.

15. Governing Law & Dispute Resolution

These TOS are governed by the laws of New Zealand. Any dispute will be referred to mediation in Auckland, failing which to the exclusive jurisdiction of the New Zealand courts.

16. Amendments

We may amend these TOS by notice on our website at least 30 days prior to changes taking effect. Continued use after that date constitutes acceptance of the updated TOS.

17. Contact

If you have any questions about these Terms, please contact us at:
Email: legal@constantcontrol.co.nz

Thank you for choosing SpendGuard™.