Terms of Service

1. About This Service

UnitCheck (unitcheck.co.nz) is an automated document analysis service that helps New Zealand property buyers understand body corporate documents, including Pre-Contract Disclosure Statements, Long-Term Maintenance Plans, financial statements, and meeting minutes. By using our service, you agree to these terms.

2. No Legal, Financial, or Professional Advice

• All analysis is generated by artificial intelligence algorithms, not human experts
• Our reports are educational tools designed to help you understand your documents — they are not professional opinions
• You must consult qualified professionals (solicitors, conveyancers, accountants, building inspectors) before making purchase decisions
• We do not verify the accuracy, completeness, or authenticity of documents you upload
• We are not responsible for decisions you make based on our analysis
• A UnitCheck report does not replace a solicitor's review of body corporate documents
• Our service does not replace a LIM report, building inspection, or legal advice

3. Your Data & Privacy

• Documents you upload are processed solely for generating your analysis report
• Uploaded documents are automatically deleted from our servers within 7 days
• We do not share your documents with third parties
• Data is processed on secure servers with industry-standard encryption (AES-256 at rest, TLS 1.3 in transit)
• You may request deletion of your data at any time by contacting privacy@unitcheck.co.nz

4. Aggregated Data Use

By using our service, you grant us the right to use aggregated, anonymized data derived from documents uploaded to our platform for the following purposes:

• Improving our algorithms and analysis accuracy
• Generating industry benchmarks and statistics (e.g., average long-term maintenance fund levels, common body corporate rules)
• Publishing research reports or market insights
• Commercial purposes including licensing aggregated data to third parties

Your personal information and specific document contents are never included in aggregated data. Aggregated data contains only statistical patterns and cannot be traced back to any individual user or property.

5. Your Reports

• Analysis reports generated for you are yours to keep, share, and use as you see fit
• You may share reports with your solicitor, conveyancer, real estate agent, or mortgage adviser
• If you are a professional using our service for clients, you may share reports with your clients
• Reports remain accessible for download for 30 days after generation

6. Nature of Scores and Analysis

• Opinion, not fact: Our scores represent computational interpretations of document contents, not verified facts about buildings or body corporates. A "low" score does not mean a building is unsafe, poorly managed, or undesirable — it reflects our algorithm's interpretation of the uploaded documents only.
• Document-derived only: Our analysis is limited to the specific documents uploaded by the user. We make no representations about actual building conditions, financial health, or management quality beyond what is stated in those documents.
• Benchmark comparisons: When we compare a body corporate to "benchmarks" or "averages," we are comparing extracted document values to statistical distributions, not making judgments about the body corporate's competence or character.
• Incomplete information: Body corporate document packages vary widely in completeness. Our analysis cannot account for information not present in the uploaded documents, recent changes, or context that would be known to the body corporate committee but not reflected in documents.
• No endorsement or condemnation: A high score is not an endorsement or recommendation to purchase. A low score is not a condemnation or recommendation to avoid purchase. All scores are for informational purposes only.
• Good faith analysis: Our algorithms are designed in good faith to help buyers understand documents. We do not intend to harm any body corporate, property owner, or real estate transaction.

7. Responsible Use of Reports

By using our service, you agree to use reports responsibly:

• Personal decision-making: Reports are intended for your personal use in evaluating a potential property purchase, not for public distribution or commentary about body corporates.
• No public disparagement: You agree not to publicly post, publish, or broadcast our scores or analysis in a manner intended to disparage, defame, or damage the reputation of any body corporate, building, or property.
• Professional sharing permitted: You may share reports with your solicitor, conveyancer, real estate agent, or other professional advisors assisting with your purchase decision.
• Third-party claims: If any third party (including a body corporate, property owner, or vendor) brings a claim against us based on your use, distribution, or republication of a report, you agree to indemnify us for all costs and damages.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

• We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement
• We do not warrant that the service will be uninterrupted, error-free, or completely secure
• We do not warrant the accuracy, reliability, or completeness of any analysis or information provided
• Automated analysis may contain errors, omissions, or misinterpretations
• Our analysis is limited to the documents you upload — we cannot identify issues in documents you don't provide
• Poor quality scans, handwritten documents, or unusual document formats may not process correctly
• Complex legal or financial matters (such as weathertightness issues, Unit Titles Act disputes, or body corporate litigation) require professional interpretation

9. Limitation of Liability

To the maximum extent permitted by New Zealand law:

• Our total liability for any claim arising from or related to our service is limited to the greater of (a) $100 NZD or (b) the amount you paid for the specific report in question
• We are not liable for any indirect, incidental, special, consequential, punitive, or exemplary damages
• We are not liable for lost profits, lost data, business interruption, or any damages arising from decisions made based on our analysis
• This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise)

These limitations do not exclude or limit any liability that cannot be excluded or limited under New Zealand law, including under the Consumer Guarantees Act 1993.

10. Indemnification

You agree to indemnify, defend, and hold harmless 1566741 B.C. LTD., its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:

• Your use of the service
• Your violation of these terms
• Your violation of any rights of a third party
• Any content or documents you upload to the service
• Any claims by body corporates, property owners, vendors, or other third parties arising from your use or distribution of reports

11. Dispute Resolution

Please read this section carefully. It affects your legal rights.

Governing Law: These terms are governed by the laws of British Columbia, Canada, except where New Zealand consumer protection laws provide you with mandatory protections that cannot be excluded by contract.

Informal Resolution: Before filing any formal dispute, you agree to contact us at legal@unitcheck.co.nz and attempt to resolve the dispute informally for at least 30 days.

Arbitration: Any dispute that cannot be resolved informally shall be resolved by binding arbitration conducted in English. The arbitrator's decision shall be final and binding. New Zealand users may elect to have arbitration conducted in Auckland under AMINZ (Arbitrators' and Mediators' Institute of New Zealand) rules.

Class Action Waiver: You agree to resolve disputes with us on an individual basis only. You waive any right to participate in a class action, class arbitration, or any other representative proceeding.

Time Limitation: Any claim or dispute must be filed within 12 months of the date the claim arose, or within any longer period required by New Zealand law. Claims filed after this period are permanently barred.

New Zealand Consumer Rights: For New Zealand users, nothing in these terms excludes, restricts, or modifies any rights you may have under the Consumer Guarantees Act 1993, Fair Trading Act 1986, or Privacy Act 2020. New Zealand users may access the Disputes Tribunal or other dispute resolution services available in New Zealand.

12. Acceptable Use

You agree to:

• Only upload documents you have the legal right to access and analyze
• Not use our service for any unlawful purpose
• Not attempt to reverse engineer, copy, or create derivative works from our software
• Not use automated tools to access our service without permission
• Not resell or redistribute our service without a commercial agreement

13. Payment Terms

• Prices are displayed in New Zealand Dollars (NZD) and are inclusive of GST where applicable
• Payment is processed securely through our payment provider (Stripe)
• All sales are final once report generation begins — no refunds for completed analyses
• If our service fails to generate a report due to a technical error on our end, we will provide a full refund or credit
• Subscription plans may be cancelled at any time; access continues until the end of the billing period

Consumer Guarantees Act: Nothing in these terms limits your rights under the New Zealand Consumer Guarantees Act 1993 where applicable.

14. Intellectual Property

• The UnitCheck name, logos, software, algorithms, and report formats are the exclusive property of 1566741 B.C. LTD.
• Our analysis methodology is protected by patent pending
• You may not copy, modify, or create competing services based on our technology

15. Changes to These Terms

We may update these terms from time to time. We will notify registered users of material changes by email. Continued use of the service after changes constitutes acceptance of the new terms.

16. Severability

If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17. Contact Us

Questions about these terms or our privacy practices? Contact us:

• Email: support@unitcheck.co.nz
• Legal enquiries: legal@unitcheck.co.nz
• Privacy enquiries: privacy@unitcheck.co.nz
• Website: unitcheck.co.nz