Terms of Service

General Customer Terms

Last Updated: 30 January 2026

1. Definitions

Documentation means any user manuals, training aids and other documentation which may be made available by Tillered to facilitate the use of a Solution.

Fees means the fees for the Solution as specified in the Order Form.

Initial Term means the initial term as specified in the Order Form, beginning on the commencement date specified in the Order Form. If no term is specified, the Initial Term will be as agreed between the parties.

Intellectual Property Rights includes copyright, trademarks and other intellectual property rights existing anywhere in the world, conferred under statute, common law or equity, whether registered or unregistered, and Intellectual Property has a consistent meaning and includes any enhancement, modification, or derivative work.

Order Form means the order form or an online form submitted on Tillered Hub, including modification or acceptance of existing services.

Privacy Policy means the privacy policy of Tillered as published on the Tillered website and updated from time to time.

Solution means the products and equipment as specified in the Order Form, and includes all corrections, modifications and upgrades which may be provided by Tillered.

Terms means these General Customer Terms, together with the Order Form and any Specific Customer Terms.

Term means the Initial Term together with any Renewal Term.

2. Terms

2.1 These Terms form the agreement between Tillered and its associates (collectively, Tillered, we, us and ours) and the Customer (the Customer, you, your, yours).

2.2 By accepting, using and accessing the Solution, you agree to these Terms.

2.3 Tillered may update these Terms from time to time. The most current version will always be available at https://www.tillered.com/terms-of-service.

2.4 Unless otherwise stated in the Order Form or if the Order Form specifies that a Trial Term applies, these Terms will automatically renew for a duration equal to the Initial Term (each a Renewal Term, the Current Term being the Initial Term or the then-current Renewal Term).

2.5 Any Trial Term does not automatically renew.

3. Customer’s Representations

3.1 You represent and warrant to us, currently and throughout the Term, that you are fully authorised to enter into these Terms and that you are fully authorised to utilise the Solution and you are and will remain in compliance with all Tillered policies, applicable laws and regulations with respect to your use of the Solution.

4. Licence

4.1 Subject to the Customer’s compliance with these Terms, Tillered grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Solution during the Term solely for the Customer’s internal business purposes. The Customer may permit its employees and all other users who access and use the Solution on its behalf, including Tillered staff, to use the Solution in accordance with these Terms.

4.2 All Intellectual Property Rights in the Solution, including all modifications, extensions, scripts and other derivative works, remain the property of Tillered or its licensors at all times. All rights not granted to you in these Terms are reserved by Tillered.

4.3 The Customer must not copy, modify, adapt, reverse engineer, decompile, or disassemble the Solution or any part of it, except to the extent expressly permitted by applicable law. You will not make, have made, use or sell for any purpose any product or item using, incorporating or derived from any Solution.

5. Solution

5.1 To access the Solution, the Customer must meet Tillered’s onboarding criteria and register for an account.

5.2 The Customer must promptly notify Tillered of any material changes to the nature of its business activities, its solvency, or its ownership or control structure. The Customer is responsible for ensuring that all account information provided to Tillered is accurate and up to date.

5.3 The Customer is responsible for maintaining the confidentiality of any credentials issued in connection with the Solution and for all activities that occur under the Customer’s account. Tillered is not liable for any loss or damage arising from any unauthorised use of the Customer’s account.

5.4 Tillered will provide the Solution (and hardware if applicable) as described in the Order Form. Tillered will have no responsibility beyond what is specified in the Order Form.

5.5 Where the Solution includes a licence, Tillered will deliver the licence key or activation details to the Customer.

5.6 Tillered will use commercially reasonable efforts to make the Solution available in accordance with the terms of the Order Form. Tillered is not responsible for any failure or disruption caused by computer, communications, or hosting failures beyond Tillered’s reasonable control.

5.7 Tillered reserves the right to modify the Solution from time to time, including where required for legal compliance, provided that any such modification does not materially reduce the functionality of the Solution during the Term.

6. Fees and Payment

6.1 The Customer will pay the Fees in accordance with the payment terms set out in the Order Form.

6.2 Payment may be made by:

1. invoice, payable within the timeframe specified in the Order Form; or
2. electronic funds transfer (EFT), as directed by Tillered.

6.3 If the Customer fails to pay any amount due under these Terms by the due date, Tillered may charge default interest on the overdue amount at the rate prescribed by applicable law, together with all costs of recovery.

6.4 All Fees paid are non-refundable except as expressly set out in these Terms.

6.5 If payment remains outstanding for more than 30 days after the due date, Tillered may withhold access to the Solution and terminate the agreement by written notice to the Customer.

7. Equipment

7.1 Where the Solution includes equipment provided by Tillered, such equipment is leased to the Customer for the duration of the Term.

7.2 All equipment provided by Tillered remains the property of Tillered at all times.

7.3 The Customer must keep the equipment in a safe and suitable environment in accordance with any instructions provided by Tillered. The Customer must notify Tillered within 24 hours of any loss of or damage to the equipment.

7.4 The Customer must not repair, modify, or tamper with the equipment without Tillered’s prior written consent.

7.5 The Customer must not sell, assign, pledge, mortgage, charge, encumber, hire, licence, or create any security interest over the equipment or any interest in it.

7.6 The Customer must provide Tillered with reasonable access to the equipment for the purposes of maintenance, inspection, or repair.

7.7 On termination or expiry of the agreement, the Customer must return all equipment to Tillered in good working condition, fair wear and tear excepted.

8. Training

8.1 Tillered will provide training at its Auckland offices for up to three of the Customer’s employees during regular business hours as part of the initial onboarding. Ongoing training may be provided for major updates to the Solution.

8.2 Any additional training requested by the Customer, or training beyond what is specified in the Order Form, will be provided at Tillered’s then-current fees.

9. Support Services

9.1 Tillered will provide support services including fault analysis and diagnosis in accordance with the terms of the Order Form.

9.2 Tillered does not guarantee that the operation of the Solution will be uninterrupted or error-free.

9.3 Tillered makes no warranty as to the results that may be obtained from use of the Solution.

9.4 Tillered’s obligation to provide support services is conditional on:

1. the Customer providing adequate information to enable Tillered to identify and resolve the issue;
2. the malfunction not having been caused by any modification of the Solution by or on behalf of the Customer; and
3. the Customer maintaining a suitable network environment for the operation of the Solution.

9.5 Where a fault or issue is not originating from Tillered, including where onsite support is required, Tillered may charge the Customer for any remedial work at Tillered’s then-current rates.

10. Maintenance and Upgrades

10.1 The Solution may be temporarily interrupted from time to time for the purposes of maintenance, upgrades, or repairs.

10.2 Where a scheduled or unscheduled outage is expected to exceed one hour, Tillered will use reasonable efforts to notify the Customer in advance where practicable.

10.3 Tillered may supply upgrades to the Solution from time to time, and the Customer agrees to install such upgrades as reasonably directed by Tillered. Customers will gain access to new upgrades and features unless otherwise specified.

11. Pre-Release Technology

11.1 Tillered may from time to time make pre-release technology available to the Customer for the purposes of evaluation and testing, referred to as the Tillered Test Network.

11.2 The Customer acknowledges that pre-release technology may not be complete or fully functional and agrees to:

1. use it solely for evaluation and testing purposes;
2. promptly report any issues, bugs, or feedback to Tillered;
3. not use or deploy pre-release technology in a production environment; and
4. treat all aspects of the pre-release technology as confidential information of Tillered.

11.3 Tillered is under no obligation to update, correct, or continue to make available any pre-release technology.

11.4 The Customer is not entitled to any compensation in connection with pre-release technology.

11.5 Pre-release technology is provided “as is” and on an “as available” basis without warranty of any kind, whether express or implied. Tillered accepts no responsibility or liability in connection with the Customer’s use of pre-release technology.

12. Use of Solution

12.1 The Customer is solely responsible for determining the fitness of the Solution for the Customer’s intended purposes.

12.2 The Customer is responsible for obtaining any third-party authorisations, licences, or consents required in connection with the Customer’s use of the Solution.

12.3 The Customer must not:

1. decompile, reverse engineer, or disassemble the Solution or any part of it;
2. use the Solution in breach of any privacy, data protection, electronic communications or anti-spam legislation;
3. create a derivative work from the Solution, or merge the Solution with any other software or technology, other than through a Tillered-supported integration;
4. use the Solution in any manner that interferes with or disrupts the enjoyment of the Solution by other customers;
5. where the Solution is a subscription version, fail to provide Tillered with access to the Customer’s premises as reasonably required;
6. fail to comply with any usage restrictions or equipment modification restrictions specified in the Order Form or these Terms;
7. use the Solution on any devices other than those approved by Tillered;
8. use the Solution other than for the Customer’s own internal business purposes;
9. introduce any harmful code, virus, or other malicious software into the Solution;
10. fail to maintain a suitable operating environment for the Solution; or
11. fail to protect the equipment from damage, theft, or misuse.

12.4 The Customer must comply with all applicable export control laws and regulations in connection with the Solution, including without limitation the regulations of Australia, the United Kingdom, and the United States (including AUKUS, ITAR, EAR, and UK export control requirements as applicable).

12.5 The Customer must ensure that any export control obligations are flowed down to any of its subcontractors, agents, or other parties who have access to the Solution.

12.6 The Customer must maintain screening and record-keeping procedures sufficient to demonstrate compliance with all applicable export control laws.

12.7 The Customer must, on request, demonstrate to Tillered’s reasonable satisfaction that the Customer is complying with the obligations set out in this clause 12.

13. Data and Privacy

13.1 The Customer is solely responsible for any personal information collected, held, or processed in connection with the Customer’s use of the Solution, including the content and accuracy of all data transmitted through or stored in the Solution.

13.2 The Customer acknowledges and agrees that:

1. Tillered may collect personal information from the Customer for the purposes of providing the Solution, in accordance with Tillered’s Privacy Policy; and
2. Tillered may hold, process, and transmit personal information offshore as described in the Privacy Policy.

13.3 Tillered may create anonymous data profiles, segmented marketing information, and aggregate statistical reports from data collected in connection with the Solution. Tillered may share such non-personal, aggregated, or anonymised data with third parties.

13.4 Tillered may monitor bandwidth usage and network performance data in connection with the Solution.

14. Intellectual Property

14.1 All Intellectual Property Rights in the Solution and any modifications, enhancements, or derivative works thereof remain the exclusive property of Tillered or its licensors.

14.2 If the Customer provides Tillered with any ideas, comments or suggestions relating to the Solution, all Intellectual Property Rights in them will be and are solely owned by Tillered.

14.3 Any new Intellectual Property Rights created by Tillered in the course of providing the Solution to the Customer will vest in and remain the property of Tillered.

14.4 The Customer must not remove, alter, or interfere with any proprietary notices, labels, or markings on the Solution or Documentation.

14.5 The Customer must not use Tillered’s name, logos, or trade marks without Tillered’s prior written consent.

14.6 The Customer must promptly notify Tillered of any actual or suspected infringement of Tillered’s Intellectual Property Rights that comes to the Customer’s attention.

15. Disclaimer

15.1 Except as expressly set out in these Terms, all warranties, conditions, and representations, whether express or implied, statutory or otherwise, are excluded to the maximum extent permitted by law. Pre-Release Technology is provided “as is”, on an “as available” basis.

15.2 Tillered does not warrant that any configuration settings or Solution changes applied by, on behalf of, or at the written request of the Customer will meet the Customer’s specific requirements.

15.3 Tillered is not liable for any outage, interruption, or performance degradation caused by third-party services, networks, or infrastructure.

15.4 Neither party will be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by a force majeure event.

15.5 Tillered does not guarantee any specific internet speed, throughput, or latency improvement as a result of the Customer’s use of the Solution.

15.6 To the extent permitted by law, the provisions of the Consumer Guarantees Act 1993 (NZ) do not apply. The Customer acknowledges that section 5D of the Fair Trading Act 1986 (NZ) applies and that sections 9, 12A and 13 of the Fair Trading Act 1986 are contracted out of in respect of the Solution where the Customer is acquiring the Solution for business purposes. Tillered assumes that the Customer is a registered business.

16. Limitation of Liability

16.1 Tillered’s aggregate liability under or in connection with these Terms, whether in contract, tort, or otherwise, will not exceed: (a) for a Subscription Solution, the total Fees paid by the Customer in the three-month period immediately preceding the event giving rise to the liability; or (b) for a Self-Host Version, the balance of Fees outstanding at the date of the event giving rise to the liability.

16.2 In no event will Tillered be liable for any indirect, incidental, special, consequential, or punitive damages, or any lost or imputed profits or royalties, lost data, or cost of procurement of substitute goods or services, however caused and whether arising under contract, tort, or otherwise.

16.3 No officer, director, employee, or agent of Tillered will have any personal liability under or in connection with these Terms.

17. Confidential Information

17.1 Each party agrees with respect to the other party’s confidential information to:

1. keep it confidential and not disclose it to any third party without the prior written consent of the disclosing party;
2. use it only for the purposes contemplated by these Terms; and
3. take all reasonable steps to protect it from unauthorised access, use, or disclosure.

17.2 On termination or expiry of the agreement, each party must return or destroy all confidential information of the other party in its possession or control, except to the extent that retention is required by law.

18. Third Party Services

18.1 The Solution may integrate with or rely on third-party services, software, or infrastructure.

18.2 The Customer’s use of any third-party services is governed by the terms and conditions of the relevant third-party provider.

18.3 Tillered accepts no liability for the performance, availability, or conduct of any third-party services.

19. Suspension

19.1 Tillered may immediately suspend the Customer’s access to the Solution if:

1. Tillered is required to do so by law or to protect the rights of a third party;
2. the Customer’s use of the Solution poses a security risk to Tillered or any third party;
3. the Customer has failed to pay any Fees when due; or
4. the Customer is in material breach of these Terms.

19.2 Any suspension under this clause will not limit or waive Tillered’s rights to terminate under clause 20.

19.3 Tillered may also, from time to time, due to operational or other reasons restrict or suspend the Customer’s access to the Solution.

20. Termination

20.1 Either party may terminate the agreement by giving written notice to the other party in accordance with the payment terms as agreed. Where the Customer terminates prior to the expiry of the Current Term, the Customer will pay an early termination fee as specified in the Order Form.

20.2 Either party may terminate the agreement immediately by written notice if the other party commits a material breach of these Terms and:

1. where the breach is capable of remedy, fails to remedy it within 60 days of receiving written notice specifying the breach;
2. the breach is incapable of remedy; or
3. the other party becomes insolvent, enters into liquidation, has a receiver appointed, or is subject to any analogous event.

20.3 On termination or expiry of the agreement, the Customer must immediately cease using the Solution and return or destroy all materials provided by Tillered.

20.4 Termination does not affect the Customer’s obligation to pay any Fees that are due or accrued at the date of termination.

20.5 On termination, Tillered will immediately deactivate the Customer’s account and delete any associated data. The Customer is responsible for exporting any data it requires prior to termination. Tillered will not be liable for any termination of the Customer’s access or the deletion of data.

20.6 Clauses 12.3, 12.4, 17 and 21 will survive termination or expiry of the agreement.

21. Indemnification

21.1 The Customer will indemnify and hold harmless Tillered and its officers, directors, employees, agents, independent contractors, and affiliates from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with any breach of these Terms by the Customer.

22. Assignment and Subcontractors

22.1 The Customer may not assign or transfer any of its rights or obligations under these Terms without Tillered’s prior written consent.

22.2 Tillered may assign or transfer its rights and obligations under these Terms, or subcontract the performance of any of its obligations, without the Customer’s consent. Tillered will remain ultimately responsible to the Customer for carrying out those obligations.

22.3 These Terms will be binding on and enure to the benefit of the parties and their respective successors and permitted assigns.

23. General

23.1 In the event of any conflict or inconsistency, the following order of precedence applies: the Order Form, the Specific Customer Terms (Appendix 1), and then these General Customer Terms (Appendix 2).

23.2 These Terms are governed by and construed in accordance with the laws of New Zealand. Each party submits to the exclusive jurisdiction of the courts of New Zealand.

23.3 If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

23.4 Any notice required or permitted under these Terms may be given by email, by posting on the Tillered website, or by an in-product message.

23.5 These Terms, together with the Order Form, any Specific Customer Terms, and the Privacy Policy, constitute the entire agreement between the parties and supersede all prior discussions, negotiations, and agreements relating to the subject matter.

23.6 No failure or delay by either party in exercising any right or remedy under these Terms will operate as a waiver of that right or remedy.