Terms of Use

Learn how you can use our platform and what we expect from you.

Effective Date: 2024-11-23

Welcome to MyThings (the “Platform”). By accessing or using our Platform, you agree to be bound by these Terms of Use (“Terms”). Please read them carefully. If you do not agree, do not use the Platform.

1. Definitions

In these Terms of Use, unless the context requires otherwise:

  • “User” means any individual or entity that creates an account and accesses the Platform.
  • “Platform” refers to the service provided by MyThings, including its website, software, features, and generated assets.
  • “Data Integrators” refers to third-party providers who supply data to the Platform, with user consent.
  • “Generated Assets” refers to any reports, visualizations, or other data outputs created by the Platform.
  • “Service” refers to the functions and features available to users through the Platform.
  • “Content” refers to any data or material provided by the user, including but not limited to personal information, asset details, and files uploaded to the Platform.

2. Acceptance of Terms

By creating an account and using the Platform, you accept and agree to these Terms of Use, as well as our Privacy Policy. If you do not agree with these Terms, you must not use the Platform.

3. Description of Services

The Platform allows users to store, access, and manage information about their assets. Data is provided by users and, with user permission, third-party providers (“Data Integrators”). The Platform processes data for display and storage purposes and may use anonymised data for analytical purposes, including selling anonymised statistical data to third parties.

4. User Accounts

4.1 Account Creation
To use the Platform, users must create an account by providing a valid email address and password.

4.2 User Responsibility
Users are responsible for maintaining the accuracy and completeness of their data. Login credentials must be kept confidential. You are liable for all activities conducted through your account.

5. Permitted Use

5.1 The Platform may only be used for its intended purpose, which is the storage and management of asset information.

5.2 Users are prohibited from:

  • Misusing the Platform or using it in a manner contrary to applicable laws.
  • Attempting to reverse-engineer, hack, or disrupt the Platform.
  • Uploading malicious or illegal data.

5.3 Breaches of these Terms may result in account suspension, permanent removal, or referral to law enforcement authorities in cases of illegal activity.

6. Third-Party Data Providers

6.1 Data from third-party providers (“Data Integrators”) is provided “as is” with no warranties as to its accuracy or timeliness.

6.2 Users are responsible for verifying and maintaining the accuracy of all data within their account, including data sourced from third parties.

7. Fees and Payments

The Platform is free to use.

8. Privacy and Data Use

8.1 Users own the data they upload to the Platform. By providing data, users grant us a license to process it for Platform functionality.

8.2 Anonymised user data may be aggregated for statistical analysis or commercial purposes. No personally identifiable information will be shared with third parties.

8.3 Your use of the Platform is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal data. Please review our Privacy Policy here.

9. Intellectual Property

9.1 All content, software, and generated assets on the Platform are the property of MyThings. This includes but is not limited to logos, software, data visualizations, and other Platform-generated materials.

9.2 MyThings grants users a limited, non-exclusive, non-transferable license to use its generated assets for non-commercial purposes only. Users may not copy, reproduce, or redistribute Platform content without prior written consent.

10. Disclaimer of Warranties

To the fullest extent permitted by New Zealand law, the Platform is provided “as is” without warranties of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or accuracy of information stored or processed.

11. Limitation of Liability

11.1 The Platform is not liable for:

  • Any loss, damage, or corruption of user data.
  • Platform downtime or interruptions in service.
  • Any errors, inaccuracies, or omissions in data, whether provided by users, third parties, or generated by generative artificial intelligence (AI) systems.

11.2 Liability for damages is limited to the maximum extent permitted by New Zealand law.

12. Force Majeure

MyThings shall not be held liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, cyberattacks, or power outages.

13. Indemnification

You agree to indemnify, defend, and hold harmless MyThings, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, or expenses arising from:

  • Your use of the Platform.
  • Your breach of these Terms.
  • Your violation of any third-party rights, including intellectual property or privacy rights.

14. Communication

MyThings will communicate with users primarily via the email address provided during account registration. By using the Platform, you agree to receive electronic communications, including updates to these Terms, operational notices, and account-related notifications.

15. Dispute Resolution and Arbitration

15.1 Any disputes arising under these Terms shall first be addressed through good-faith negotiations.

15.2 If a resolution cannot be reached, disputes shall be resolved through mediation or arbitration in accordance with New Zealand law. Arbitration decisions shall be final and binding.

15.3 Users retain the right to pursue small claims where applicable under New Zealand law.

16. Children’s Use

The Platform is not intended for use by individuals under the age of 18. By using the Platform, you confirm that you are at least 18 years old.

17. Termination

We reserve the right to suspend or terminate your account at our sole discretion, including but not limited to breaches of these Terms.

18. Governing Law

These Terms are governed by and construed in accordance with the laws of New Zealand. Any disputes arising out of or related to these Terms shall be resolved in the courts of New Zealand.

19. Severability

If any provision of this agreement is found by a court or other competent authority to be invalid, illegal, or unenforceable, the validity of the remaining provisions shall not be affected. The invalid, illegal, or unenforceable provision shall be severed from these Terms, and the rest of the Terms will continue in full force and effect. The parties agree to substitute a valid, enforceable provision that most closely matches the intent of the severed provision.

20. Amendments to Terms

We may modify these Terms at any time. Changes will be effective upon posting on the Platform. Continued use of the Platform constitutes acceptance of the revised Terms.

21. Contact Information

If you have any questions or concerns about these Terms, please contact us at support@mythings.co.nz.