Terms of service
These terms are a contract between Te Awa Ventures Limited (NZBN 9429052881329), trading as PowderFactor ("PowderFactor", "we", "us") and the organisation that subscribes to PowderFactor Field (the "Customer", "you"). They cover the PowderFactor Field mobile app, the PowderFactor Field office portal and any related services (together, the "Service"). By requesting access, accepting an invitation, or using the Service, you agree to these terms. If you are accepting on behalf of an organisation, you confirm you have the authority to do so.
If you are an individual crew member using the App because your employer has an account, your use is governed by your employer's agreement with us and by their own policies; sections 4, 6 and 9 apply to you directly.
1. The Service
Field lets your crews record pre-start inspections, daily logs, drill logs, maintenance and service records, training and sign-in activity on a tablet, and lets your office review, export and administer those records through the Portal. We describe what is included in each plan on our pricing page. Products marked as in development or on the roadmap are not part of the Service until we say they are generally available.
2. Accounts and access
We create your organisation and its first administrator. Your administrators are responsible for adding and removing people, assigning roles, and keeping their own credentials confidential. Each crew member's PIN is personal and identifies that person on every record they sign; it must not be shared. You must tell us promptly if you believe an account or PIN has been compromised.
You are responsible for the acts of everyone who uses the Service through your organisation, and for making sure your use of the Service (including collecting personal information about your workers) complies with the laws that apply to you.
3. Trial, fees and payment
Every plan starts with a free trial. We will confirm the trial length and the price of your plan in writing before you are charged anything. After the trial, fees are charged monthly or annually in advance at the price shown on the pricing page when you subscribe, in Australian dollars or New Zealand dollars as applicable, plus GST where it applies. We invoice by email and payment is due within 14 days unless we agree otherwise.
We may change our prices by giving you at least 60 days' notice by email; the new price applies from your next renewal after the notice period. If you exceed the rig limit of your plan we will ask you to move to the next plan rather than charge you automatically.
If an invoice is more than 30 days overdue we may suspend access to the Portal until it is paid. We will not delete your data because of an unpaid invoice without first giving you 30 days' written notice.
4. Acceptable use
You must not use the Service to break the law, to store material you have no right to store, to attempt to gain unauthorised access to any system or data, to reverse-engineer the Service, or to interfere with its operation or other customers' use of it. You must not sign a record on behalf of someone else, or with someone else's PIN.
5. Your data
Everything your organisation and its people enter into the Service ("Customer Data") belongs to you. You grant us a licence to host, process, back up and display Customer Data as needed to provide the Service and to support you, and for no other purpose. We do not sell Customer Data and we do not use it to train machine-learning models.
We handle personal information in Customer Data as your service provider, in accordance with our privacy policy. You can export all of your data at any time using the Portal's CSV downloads. On request within 90 days after your subscription ends we will provide a full export, after which we will delete Customer Data as described in the privacy policy.
We may collect aggregated, de-identified statistics about how the Service is used (for example, how many pre-starts are completed per rig per week across all customers) to improve the Service. These statistics never identify you, your people or your sites.
6. Records and safety
Field is a record-keeping tool. It does not replace your organisation's safety management system, your competent persons or your legal obligations under workplace health and safety, mining, quarrying or explosives law. You remain responsible for deciding what to inspect, what to record and what action to take. Nothing the Service shows (including service-due calculations, licence-expiry warnings or defect status) is a substitute for a qualified person's judgement, and you must not rely on the Service as the only copy of any record the law requires you to keep.
7. Availability and support
We aim to keep the Service available at all times, but we do not promise uninterrupted availability. The App is designed to keep working offline and to sync when a connection returns. We will give reasonable notice of planned maintenance. Email support at support@powderfactor.com is included in every plan; response targets for each plan are described on the pricing page.
8. Changes to the Service
We improve the Service continuously and may add, change or remove features. We will not remove a feature that is material to a plan you are paying for without at least 60 days' notice, and we will never remove your ability to export your data.
9. Intellectual property
The Service, its software, design and documentation are owned by PowderFactor or its licensors. You may use them only as permitted by these terms. Feedback you give us about the Service may be used by us without obligation to you.
10. Consumer guarantees
If you are a business acquiring the Service for business purposes, you agree that the Consumer Guarantees Act 1993 (New Zealand) does not apply, and that the Australian Consumer Law applies only to the extent it cannot be excluded. Nothing in these terms limits any right you have under a law that cannot be excluded by contract.
11. Liability
To the extent permitted by law, our total liability to you for anything arising out of or in connection with the Service in any 12-month period is limited to the fees you paid us for the Service in that period, and we are not liable for loss of profit, revenue, data (beyond restoring from our most recent backup), or for any indirect or consequential loss. We do not exclude liability for death or personal injury caused by our negligence, for fraud, or for anything that cannot be excluded by law.
You will indemnify us against claims by third parties arising from your breach of these terms or from Customer Data that you had no right to enter into the Service.
12. Term and termination
Your subscription continues until you cancel it. You may cancel at any time by emailing support; cancellation takes effect at the end of the period you have paid for, and we do not refund partial periods. We may terminate or suspend your access immediately if you materially breach these terms and do not fix the breach within 14 days of our notice, or if we are required to by law. Either party may end the agreement on 60 days' written notice if the other becomes insolvent.
On termination your right to use the Service ends, and sections 5 (export and deletion), 9, 11 and 13 continue to apply.
13. General
These terms are governed by the laws of New Zealand and the courts of New Zealand have non-exclusive jurisdiction. If any part of these terms is unenforceable the rest continues to apply. We may update these terms by giving you 30 days' notice by email; continuing to use the Service after that period means you accept the updated terms. Neither party is liable for a failure caused by events outside its reasonable control. These terms, together with the privacy policy and your plan confirmation, are the whole agreement between us about the Service.
14. Contact
Te Awa Ventures Limited, trading as PowderFactor · NZBN 9429052881329
4 Te Awa Rere Grove, Stokes Valley, Lower Hutt 5019, New Zealand
support@powderfactor.com