Terms and Conditions

1. Introduction and Acceptance

These Terms and Conditions ("Terms") are a legal agreement between you and Flitz Systems Limited ("Flitz", "we", "us", or "our"), a company incorporated in New Zealand.

Flitz operates a cloud-based booking and business management platform at flitz.cloud (the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy.

These Terms apply to two types of users:

• Workspace Operators — businesses and their authorised staff who use Flitz to manage bookings, customers, and day-to-day operations.
• End Users — individuals who create bookings, purchase memberships or class passes, or otherwise interact with a Workspace Operator through the Platform.

You must be at least 16 years of age to use the Platform. By using the Platform, you represent that you meet this age requirement.

2. Definitions

• "Booking" means an appointment, class registration, or other reservation made through the Platform between an End User and a Workspace Operator.
• "Content" means any text, images, files, data, or other materials uploaded to or created on the Platform.
• "Fees" means subscription charges, per-seat licence fees, and any other charges payable by a Workspace Operator for use of the Platform.
• "Services" means the booking management, customer management, payment processing, communications, and other features provided by the Platform.
• "Workspace" means a Workspace Operator's account and associated data on the Platform.

3. Account Registration

To use certain features of the Platform, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information.
• Keep your account credentials secure and confidential, including any multi-factor authentication settings.
• Notify us promptly if you become aware of any unauthorised use of your account.

Each account is for a single individual and is non-transferable. You are responsible for all activity that occurs under your account.

We reserve the right to suspend or terminate any account that violates these Terms, is used for fraudulent or illegal purposes, or is inactive for an extended period.

4. Workspace Operator Terms

The following terms apply specifically to Workspace Operators and their authorised staff.

4.1 Subscription and Fees

Access to the Platform for Workspace Operators is provided on a monthly subscription basis with per-seat licensing. Each staff member added to a Workspace may incur additional per-seat charges as specified in your plan.

New Workspace Operators receive a 30-day free trial. No charges are incurred during the trial period. At the end of the trial, your selected plan will begin and Fees will apply unless you cancel before the trial expires.

Fees are billed monthly in advance via Stripe. You must maintain a valid payment method on file. If payment fails, we may suspend access to the Platform until the outstanding balance is settled.

We may change our pricing at any time by giving you at least 30 days' written notice. The revised pricing will take effect at the start of the next billing period after the notice period.

4.2 Cancellation

You may cancel your subscription at any time. Upon cancellation, you will retain access to the Platform until the end of your current billing period. No refunds are provided for partial billing periods.

After cancellation takes effect, your data will remain available for export or download for 30 days. After this period, we may delete your Workspace data in accordance with our Privacy Policy.

4.3 Your Obligations

As a Workspace Operator, you agree to:

• Comply with all applicable laws and regulations, including consumer protection, health and safety, and anti-discrimination laws.
• Ensure that the services, pricing, and availability information you list on the Platform is accurate and up to date.
• Be solely responsible for your customer relationships, including handling complaints and disputes with End Users.
• Not use the Platform for any unlawful, fraudulent, or deceptive purpose.
• Take responsibility for all Content you or your staff upload, including branding assets, customer notes, intake forms, and email campaigns.

4.4 Customer Data

You are the controller of the personal information you collect about your customers through the Platform. Flitz processes this data on your behalf as a processor, in accordance with our Privacy Policy.

You must ensure you have a lawful basis for collecting and processing your customers' personal information and that your use of the Platform complies with the New Zealand Privacy Act 2020, the Australian Privacy Act 1988, and any other applicable privacy legislation.

4.5 Marketing and Communications

If you use the Platform to send marketing emails to your customers, you are solely responsible for complying with applicable anti-spam laws, including the New Zealand Unsolicited Electronic Messages Act 2007 and the Australian Spam Act 2003.

All marketing emails sent through the Platform include an unsubscribe mechanism. You must honour all unsubscribe requests promptly.

5. End User Terms

The following terms apply specifically to End Users who make bookings or purchase services through the Platform.

5.1 Bookings

When you make a Booking through the Platform, you are entering into an arrangement directly with the Workspace Operator. Flitz acts as a technology platform that facilitates the Booking; we are not a party to the agreement between you and the Workspace Operator.

You are responsible for providing accurate contact information when making a Booking. Cancellation and rescheduling policies are set by each Workspace Operator and may vary.

5.2 Payments

When you pay for a Booking or service through the Platform, the Workspace Operator is the merchant of record. Your payment is made to the Workspace Operator, and Flitz facilitates the transaction through Stripe and/or Afterpay on the Workspace Operator's behalf.

Flitz does not store your credit card or payment card details. All payment information is handled directly by our payment processing partners.

Refund and dispute policies are determined by the Workspace Operator. If you have a payment dispute, you should contact the Workspace Operator directly in the first instance.

5.3 Memberships and Class Passes

Memberships and class passes are purchased from and provided by the Workspace Operator, subject to their terms. Flitz facilitates recurring billing via Stripe on the Workspace Operator's behalf.

Memberships can be cancelled through the End User's account on the Platform once the applicable minimum term has passed; cancellation takes effect at the end of the current billing period. For early cancellation or to cancel a class pass, End Users should contact the relevant Workspace Operator directly.

6. Acceptable Use

You agree not to:

• Use the Platform for any illegal, fraudulent, or harmful activity.
• Interfere with or disrupt the operation of the Platform or its infrastructure.
• Scrape, crawl, or use automated tools to access the Platform without our prior written consent.
• Attempt to reverse-engineer, decompile, or disassemble any part of the Platform.
• Upload or transmit any malicious code, viruses, or other harmful material.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Use the Platform to send unsolicited communications in breach of applicable laws.

We reserve the right to suspend or terminate access to the Platform for any user who violates these acceptable use requirements.

7. Intellectual Property

The Platform, including its design, features, code, branding, and documentation, is owned by Flitz Systems Limited and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Platform without our express written permission.

Workspace Operators retain ownership of the Content they upload to the Platform (such as branding assets, service descriptions, and customer notes). By uploading Content, you grant Flitz a non-exclusive, worldwide, royalty-free licence to host, store, display, and transmit that Content solely for the purpose of operating the Platform.

End Users retain ownership of any Content they submit (such as form responses and profile information). By submitting Content, you grant Flitz a non-exclusive licence to process and store that Content as necessary to provide the Services.

8. Service Availability

We target 99.9% uptime for the Platform, measured on a monthly basis and excluding scheduled maintenance windows.

We will endeavour to provide reasonable advance notice of any scheduled maintenance that may affect availability.

Notwithstanding the above, we do not guarantee that the Platform will be available at all times or free from errors. We are not liable for any downtime or service interruptions caused by circumstances beyond our reasonable control, including but not limited to natural disasters, power outages, internet disruptions, third-party service failures, or government actions ("Force Majeure").

9. Limitation of Liability

To the maximum extent permitted by applicable law:

• Flitz is not liable for the quality, safety, or legality of services provided by Workspace Operators, nor for any disputes between End Users and Workspace Operators regarding bookings, payments, or services.
• Flitz's total aggregate liability to you for any claims arising out of or relating to these Terms or the Platform is limited to the amount of Fees paid by you to Flitz in the 12 months immediately preceding the event giving rise to the claim.
• Flitz is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, regardless of whether such damages were foreseeable.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including under the New Zealand Consumer Guarantees Act 1993 or the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

10. Indemnification

Workspace Operators agree to indemnify, defend, and hold harmless Flitz Systems Limited, its directors, officers, and employees from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Platform or breach of these Terms.
• Your customer relationships and any disputes with End Users.
• Any Content you or your staff upload to the Platform.
• Your violation of any applicable law or regulation.

11. Termination

Either party may terminate these Terms at any time by providing written notice.

We may immediately suspend or terminate your access to the Platform if you:

• Breach these Terms and fail to remedy the breach within 14 days of notice.
• Fail to pay outstanding Fees when due.
• Engage in illegal activity or use the Platform in a way that could harm Flitz, other users, or third parties.

Upon termination, your right to access the Platform ceases immediately (or at the end of the billing period for cancellations under section 4.2). Your data will be handled in accordance with our Privacy Policy and any applicable retention obligations.

12. Modifications to These Terms

We may update these Terms from time to time. When we make material changes, we will provide at least 30 days' notice via email or through the Platform before the changes take effect.

Your continued use of the Platform after the notice period constitutes acceptance of the updated Terms. If you do not agree with the changes, you may cancel your account before the new Terms take effect.

13. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of New Zealand. The courts of New Zealand shall have non-exclusive jurisdiction over any disputes arising out of or relating to these Terms.

Before commencing any legal proceedings, both parties agree to attempt to resolve any dispute in good faith through direct negotiation for a period of at least 30 days.

14. General Provisions

• Entire agreement — These Terms, together with our Privacy Policy, constitute the entire agreement between you and Flitz regarding your use of the Platform, and supersede all prior agreements and understandings.
• Severability — If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
• Waiver — A failure by Flitz to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment — You may not assign or transfer your rights under these Terms without our prior written consent. Flitz may assign its rights and obligations without restriction.
• No agency — Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Flitz.

15. Contact Us

If you have any questions about these Terms, please contact us:

For information about how we handle your personal data, please see our Privacy Policy.