Terms and conditions

These Terms and Conditions (“Terms”) apply to your use of Bucket Flows, including the Bucket Flows website, application and related services (together, the “Service”).

The Service is provided by Bucket Flows Limited, a New Zealand company (“Bucket Flows”, “we”, “us” or “our”).

By creating an account or using the Service, you agree to these Terms. If you are using Bucket Flows on behalf of an organisation, you confirm that you have authority to accept these Terms on that organisation’s behalf.

1. The Service

Bucket Flows is a software-as-a-service application for creating, managing and documenting structured user flows and related product information.

We may improve, update or change the Service from time to time. We may add, modify or remove features where reasonably necessary to develop or maintain the Service.

We will take reasonable care to keep the Service available and operating correctly, but we do not guarantee that it will always be available, uninterrupted or error-free.

2. Your account

You must provide accurate information when creating your account and keep your account information reasonably up to date.

You are responsible for:

• keeping your login details secure;
• activity carried out through your account; and
• notifying us promptly if you believe your account has been accessed without your permission.

You must not allow another person to use your login credentials to access the Service as you.

3. Subscriptions and payment

Some parts of Bucket Flows require a paid subscription.

The price, billing period and features included in your subscription will be shown when you subscribe.

Subscriptions renew automatically at the end of each billing period unless you cancel before the next renewal date.

Payments are processed through our payment provider. Bucket Flows does not directly store your full payment card details.

Unless required by law or expressly stated otherwise, subscription payments that have already been made are non-refundable.

We may change our subscription prices from time to time. If a change affects an existing subscription, we will provide reasonable notice before the new price applies.

4. Cancelling your subscription

You may cancel your subscription at any time.

Cancellation does not immediately end access to a subscription you have already paid for. Your subscription will remain active until the end of the current paid subscription period.

For example, if you cancel on 1 July and your current monthly subscription period expires on 10 July, you will continue to have subscription access until 10 July.

Your subscription becomes expired at the end of that paid period.

5. Data following cancellation

When your subscription expires, we do not immediately delete your Bucket Flows data.

We retain your account and associated Bucket Flows data for three months from the subscription expiry date.

If you log in after your subscription has expired, Bucket Flows will notify you of the date on which your retained data is scheduled to be deleted.

For example:

• subscription cancelled: 1 July
• subscription expires: 10 July
• data scheduled for deletion: 10 October

The three-month retention period runs from the subscription expiry date, not the date on which you requested cancellation.

After the three-month retention period has ended, we may permanently delete your account data and content from the active Service. Once deleted, the data may not be recoverable.

We may retain limited information for longer where reasonably necessary to comply with legal, tax, accounting, fraud-prevention, security or other legitimate obligations.

6. Your content and intellectual property

You retain ownership of the information and content you create or upload to Bucket Flows, including your projects, flows and associated project information (“Your Content”).

You give Bucket Flows a limited right to host, store, process, copy and display Your Content only as reasonably necessary to provide, maintain, secure and improve the Service.

We do not acquire ownership of Your Content simply because you use Bucket Flows.

You are responsible for ensuring that you have the right to enter, upload or otherwise use any content you place in the Service.

7. Bucket Flows intellectual property

Bucket Flows and its licensors retain ownership of the Service and all intellectual property relating to it, including its software, design, branding, documentation and underlying technology.

Your subscription gives you a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms. It does not transfer ownership of the Service or its intellectual property to you.

You must not, except where permitted by law:

• copy or reproduce the Service;
• reverse engineer or attempt to extract its source code;
• bypass security or access controls;
• resell or commercially redistribute the Service without our permission; or
• use Bucket Flows intellectual property in a way that suggests an endorsement or relationship that does not exist.

8. Acceptable use

You must not use Bucket Flows:

• for unlawful, fraudulent or abusive purposes;
• to infringe another person's intellectual property, privacy or other rights;
• to introduce malicious software, code or content;
• to attempt to gain unauthorised access to Bucket Flows or another user's account or data;
• to interfere with the operation, security or integrity of the Service; or
• in a way that places an unreasonable load on our systems.

We may restrict or suspend access where we reasonably believe an account is being used in breach of these Terms or presents a security risk.

Where reasonably practicable, we will give you an opportunity to address the issue before permanently terminating an account.

9. Privacy

We collect and process personal information in accordance with our Privacy Statement.

By using Bucket Flows, you acknowledge that information required to operate your account and provide the Service will be processed as described in that Privacy Statement.

10. Third-party services

Bucket Flows may rely on third-party services to provide parts of the Service, including infrastructure, hosting, payment processing, communications and other supporting services.

Those services may be subject to their own terms and privacy practices.

We are not responsible for third-party products or services that you independently choose to use with Bucket Flows.

11. Security

We take reasonable technical and organisational measures to protect Bucket Flows and the information we hold.

However, no internet-based service can guarantee absolute security. You acknowledge that use of an online service carries some inherent security risk.

You are responsible for using appropriate security practices when accessing your Bucket Flows account, including protecting your password and the devices you use to access the Service.

12. Suspension or termination

We may suspend or terminate your access to Bucket Flows where:

• you materially breach these Terms;
• payment remains overdue;
• your use creates a material security or operational risk;
• we are required to do so by law; or
• continuing to provide the Service is no longer reasonably practicable.

Where appropriate, we will attempt to give you reasonable notice before termination.

Termination does not affect rights or obligations that arose before termination.

13. Liability

Nothing in these Terms limits any rights or remedies that cannot lawfully be excluded or limited.

To the maximum extent permitted by law, Bucket Flows will not be liable for indirect, consequential or special loss, loss of profits, loss of business opportunity or similar economic loss arising from use of the Service.

To the maximum extent permitted by law, our total liability arising out of or relating to the Service will not exceed the amount you paid to Bucket Flows for the Service during the 12 months immediately preceding the event giving rise to the claim.

These limitations do not apply where liability cannot legally be excluded or limited.

14. New Zealand consumer law

Nothing in these Terms is intended to exclude or limit rights you have under the Consumer Guarantees Act 1993, Fair Trading Act 1986, or any other applicable law where those rights cannot legally be excluded.

If you acquire the Service in trade, any ability of the parties to contract out of applicable consumer legislation will apply only to the extent permitted by New Zealand law.

15. Changes to these Terms

We may update these Terms from time to time.

If we make a material change that affects your rights or obligations, we will take reasonable steps to notify you before the change takes effect.

The current version of the Terms will always be available through the Bucket Flows Help Centre.

16. Governing law

These Terms are governed by the laws of New Zealand.

You and Bucket Flows submit to the jurisdiction of the New Zealand courts, subject to any rights you may have under applicable consumer law.

17. Contact us

If you have questions about these Terms, please contact:

Bucket Flows Limited
New Zealand
Email: [email protected]