Terms of Service
Version 1.3 · Effective 2026-09-08
1. Who these terms are between
ONYX1 LIMITED, a New Zealand Limited Company, company number 9453894, NZBN 9429053908322, registered 23 August 2026. Registered office: 189 Upper Harbour Drive, Greenhithe, Auckland, 0632. These Terms of Service are a contract between ONYX1 LIMITED ("we", "us") and the business that registers for the ONYX1 service ("you", "your business"). ONYX1 is a job-management service for trade businesses, provided to you for use in trade. By accepting these terms you confirm you are authorised to bind your business.
1A. Who these terms are not with
These terms are not a contract with your customers, contacts, or anyone who uses the ONYX1 client portal or a quote link. Those people are not asked to accept these terms, and nothing in them limits rights they may have against us under the Privacy Act 2020, the Fair Trading Act 1986, or the Consumer Guarantees Act 1993. You are responsible for telling your customers you use ONYX1, for having the right to store their information here, and for the emails your account sends them. The client portal login itself is provided by us to that person under the Privacy Policy, not under this contract.
2. Accepting electronically
You accept these terms by ticking the acceptance box during sign-up or when an owner or admin accepts an update in the app. Under Part 4 of the Contract and Commercial Law Act 2017, electronic acceptance is as binding as a signature. We record who accepted, when, from where, and the exact version accepted, and will provide that record to you on request.
3. The service and your licence to use it
We grant your business a non-exclusive, non-transferable right to use ONYX1 for its internal business purposes while your subscription is current, up to the seats, features and usage limits of your plan. You are responsible for the people you invite: what your team does in the service is done on your business's behalf. You must not resell the service, attempt to access another business's data, probe or overload the platform, or use it for anything unlawful.
4. Trial, fees and payment
New accounts start with a 14-day free trial with no payment details required. After the trial, continued use requires a paid plan. Prices are in New Zealand dollars, exclude GST (which is added at the current rate), and are charged in advance by subscription. A one-off account setup fee may apply and is shown before you pay. We may change prices with at least 30 days' notice; changes apply from your next billing period. Fees are non-refundable except where the law requires otherwise, but if we materially reduce the service you may cancel and we will refund the unused portion of the current period.
5. Plans, seats and fair use
Each plan carries stated limits: seats, storage, monthly email and document volumes, data exports, and (on applicable plans) AI/MCP connection and call limits. Every limit that carries a number is shown in the app, on your plan page and beside the feature it applies to. Limits apply to your business as a whole, not to each person in it: if one person uses the month's allowance, it is used for everyone. Some limits are described as "fair use" rather than carrying a number. Fair use means volumes consistent with the normal operation of a business of your size on that plan. We treat use as outside fair use only where it is materially and repeatedly beyond what comparable customers on the same plan do, or where it degrades the service for others. Before we restrict anything we will contact your account owner, tell you plainly what we are seeing, and give you at least 14 days to adjust. We will not charge you retrospectively for use that was within these terms at the time you made it. Limits exist so pricing can stay flat and predictable. If your usage repeatedly and materially exceeds your plan's limits, we will contact you about moving to a plan that fits before we restrict anything. Upgrades take effect immediately with a pro-rated charge; downgrades take effect at your next billing period.
6. Your data belongs to your business
Everything your business enters into ONYX1 (jobs, customers, quotes, invoices, photos and reports) belongs to your business. You grant us a licence to host, process, back up and display it, solely to provide the service. You can export your data at any time while your account is active. For 30 days after it closes you can still ask us for it at support@onyx1.app, and we will either restore your access long enough to export or produce the export for you. Nobody can sign in to a closed account, so that request is the route. We do not sell your data or use it to train AI models.
7. Data retention and your record-keeping duties
Each plan has a retention window for bulky operational data, and three kinds of data age out on it: the site photos your crew takes, your in-app notifications, and your activity history. The window is 1 year on Basic, 3 years on Pro and 5 years on Enterprise, measured from when each item was created. A monthly job deletes anything older than that window. That deletion is automatic and we do not warn you before it happens, so export anything you need to keep while it is still inside the window. You can export at any time while your account is active. The rest is never rotated and is kept for the life of your account: invoices, quotes, payments, timesheets and time entries, job expenses, bonuses, the record of the tax documents we sent, and the statutory health-and-safety material, which is the incident register with its photos, signed daily site reports and crew signatures, and signed customer sign-offs. We keep financial records because the Tax Administration Act 1994 requires businesses to keep business records for 7 years, and purging them earlier would put YOU in breach. Your acceptance of these terms is kept on the same basis. Your legal record-keeping and health-and-safety obligations remain YOUR obligations. ONYX1 is a tool that helps you keep records, not a substitute for your own compliance.
8. Business use and the Consumer Guarantees Act
You are acquiring the service in trade for business purposes. You and we agree that the Consumer Guarantees Act 1993 does not apply, and that this contracting-out is fair and reasonable under section 43 of that Act, because both parties are in trade and this is a business tool. Nothing in these terms limits rights you may have under the Fair Trading Act 1986 that cannot lawfully be excluded.
9. Availability
We aim to keep ONYX1 available at all times and target high availability, but we do not guarantee uninterrupted service. We may perform maintenance (scheduled outside NZ business hours where practical) and will notify you of significant planned downtime. Because the service supports offline capture on site, brief interruptions should not stop field work, but you should maintain your own copies of anything business-critical.
10. Limits on liability
To the maximum extent the law allows: (a) neither party is liable to the other for indirect or consequential loss, loss of profits, loss of revenue, or loss of data beyond our backup obligations; (b) our total aggregate liability to you in any 12-month period is capped at the fees you paid us in the 12 months before the event giving rise to the claim; (c) these limits are mutual and do not apply to your obligation to pay fees, to either party's breach of confidentiality, or to liability that cannot lawfully be limited. You acknowledge that decisions you make relying on information in the service, such as quoting, invoicing, scheduling and safety, are business decisions made by you, and we are not liable for their outcomes.
11. Your responsibilities and indemnity
You are responsible for the accuracy and lawfulness of the content your business puts into the service, including that you have the right to hold your customers' and contacts' personal information there and to email them through the service. You indemnify us against third-party claims arising from your content or your unlawful use of the service, except to the extent we caused the loss. This indemnity does not apply to a claim about a portal login we operate, except to the extent your use (for example inviting an address you do not have the right to invite) caused the loss.
12. Intellectual property
ONYX1, its software, design and documentation are ours (or our licensors'), and no rights transfer to you beyond the licence in section 3. If you give us feedback or suggestions we may use them without obligation.
13. Suspension and termination
You may cancel at any time; your plan runs to the end of the paid period. We may suspend the service for non-payment (after notice and 7 days to remedy), for serious or repeated breach of these terms, or where required to protect the platform or comply with law. If your account is terminated, you have 30 days to ask us for your data at support@onyx1.app, after which we may delete it, except records we must retain by law.
14. Privacy
Our Privacy Policy explains what personal information we collect and how we handle it under the Privacy Act 2020, including the third-party processors we use. It forms part of these terms.
15. Changes to these terms
We may update these terms. A material change requires fresh acceptance before your business can keep using the service: your owner or admin is shown the new version in the app and must accept it, and until they do they cannot use the service, including its API and AI assistant connections. We ask for that acceptance as soon as the new version takes effect, not after a notice period, and we do not currently send advance notice by email. Continued use is never recorded as acceptance. Your other staff can carry on working while your owner or admin accepts, and are told in the app that acceptance is outstanding. The version your business accepted, and when, is always available to you.
16. General
These terms are governed by New Zealand law and the New Zealand courts have exclusive jurisdiction. Neither party is liable for failure caused by events beyond reasonable control. You may not assign these terms without our consent (not unreasonably withheld); we may assign to a successor of the business. If part of these terms is unenforceable the rest stands. These terms, the Privacy Policy and your plan details are the entire agreement. Questions: support@onyx1.app.