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Terms of service

Last updated

These terms are an agreement between Prompt6 Limited, a company registered in New Zealand (“we”, “us”) and the business or organisation that creates a LocalPulse account (“you”). By creating an account or using the service you accept them on behalf of that business, and you confirm you are authorised to do so.

1. A service for businesses

LocalPulse is supplied for business purposes only. To the extent the law allows: if you are in New Zealand, you agree that the Consumer Guarantees Act 1993 does not apply and that it is fair and reasonable that sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply to these terms; if you are in Australia, nothing in these terms excludes any guarantee or right under the Australian Consumer Law that cannot be excluded, and our liability for breaching such a guarantee is limited, where permitted, to supplying the service again or paying for it to be supplied again; if you are in the UK, nothing in these terms limits liability that cannot be limited by law.

2. Your account

  • Give us accurate information and keep your sign-in details secure.
  • You are responsible for the people you invite to your organisation and for what they do in it.
  • Tell us promptly at support@prompt6.com if you think your account has been misused.

3. Free trial

New organisations get a 14-day free trial with the limits shown on our pricing page. No payment details are needed. One trial per business; we may end a trial that is being misused. When the trial ends without a paid plan, your account becomes read-only.

4. Plans, payment and renewal

  • Prices are shown on our pricing page, exclude GST, VAT and similar taxes, and are charged in advance for each monthly or annual period.
  • Subscriptions renew automatically until cancelled. You can cancel at any time from the billing page; cancellation takes effect at the end of the paid period and we don’t refund part periods, except where the law requires.
  • Upgrades take effect immediately and are charged pro rata. Downgrades take effect at the next renewal and may require you to reduce businesses or seats to fit the new plan.
  • If a payment fails, we will retry and let you know. After a 7-day grace period your account becomes read-only until payment succeeds.
  • We may change prices with at least 30 days’ notice by email. A change applies from your next renewal after the notice period.
  • Payments are processed by Stripe under its own terms.

5. Your data

You own the data you put into LocalPulse (“your data”). You give us a licence to host, copy, process and display your data only as needed to provide, secure and support the service for you.

You also allow us to create and use aggregated, de-identified statistics from your data, such as the typical effect of rain or of an event on a type of business, to improve the service for all customers. These statistics will not identify you, your business or your figures.

You are responsible for having the right to upload your data. LocalPulse is designed for aggregated demand data: do not upload or enter personal information about your customers beyond what the import needs to count them, and never in free-text fields.

Our privacy policy explains how we handle personal information. Where we process personal information on your behalf, we do so only on your instructions and to provide the service.

6. The shared town calendar

Weather, holidays, events and news for each town are kept in a calendar shared by every LocalPulse business there. Events you log for your own business stay private to your organisation. Web pages you add as sources for your town, and the public events read from them, may be shown to other customers in that town; you give us a perpetual licence to use those contributions in the service. Your demand data is never shared.

7. Acceptable use

You must not: break the law or anyone’s rights using the service; try to access other customers’ data or our systems beyond your permissions; probe, scan or load-test the service without our written permission; resell or provide the service to third parties except as we agree; use it to build a competing product; or add sources that you know breach a website’s terms.

8. Forecasts and AI-generated content

Forecasts, explanations, briefings and research results are statistical estimates and AI-generated text based on your data and third-party sources. They can be wrong or incomplete. They are information to support your decisions, not advice, and you remain responsible for decisions about staffing, stock, pricing and anything else. We don’t guarantee any level of accuracy or business outcome.

9. Third-party data and services

The service relies on third-party data such as weather, public holidays, event listings and news, and on third-party providers. We choose them with care but don’t control them and aren’t responsible for their accuracy or availability.

10. Availability and changes

We work to keep LocalPulse available and secure but don’t promise uninterrupted service. We may change, add or remove features. If we remove a feature that is central to a paid plan, we will give you notice and, if you cancel because of it, a pro-rata refund of any prepaid fees.

11. Our intellectual property

We own the service, its software, models and content, other than your data. You may use it during your subscription under these terms. Feedback you give us can be used without obligation.

12. Liability

To the extent permitted by law: we are not liable for any loss of profit, revenue, data or goodwill, or for any indirect or consequential loss; and our total liability arising from or in connection with the service in any 12-month period is limited to the fees you paid us in that period (or NZ$100 if you paid nothing). These limits don’t apply to liability that cannot be limited by law.

13. Indemnity

You will cover our reasonable costs and losses from any claim by a third party that your data, or your use of the service in breach of these terms, infringes their rights or the law.

14. Suspension and ending

You can stop using LocalPulse and delete your account at any time. We may suspend or end your access if you seriously or repeatedly breach these terms, don’t pay, or if the law requires it; where reasonable we will warn you first. After your plan ends your data is kept read-only for 90 days, and we ask before deleting it. You can ask us for an export of your data during that time.

15. Changes to these terms

We may update these terms. For material changes we will email account owners at least 30 days before they take effect. If you don’t agree, you can cancel before then.

16. Law and disputes

These terms are governed by New Zealand law, and the courts of New Zealand have non-exclusive jurisdiction. This does not take away any right you have to bring proceedings, or any protection you have, under the law of the country where you are based.

17. Contact

Email support@prompt6.com.