Quick Software Ltd (“QuickCheck”) – Terms of Service and Privacy Policy

Last Updated: September 19, 2025

Part A: Terms of Service

Scope & Acceptance

Welcome to QuickCheck, a software-as-a-service platform provided by Quick Software Ltd (“Quick,” “we,” “us”). These Terms of Service (“Terms”) govern your access to and use of the QuickCheck services (the “Service”). By using the Service, you agree to these Terms and enter a binding agreement with us . If you do not agree, you must not use QuickCheck. These Terms apply to all users, whether individuals or organizations, of our Service.

Eligibility: You must be at least 18 years old (or the legal age of capacity in your jurisdiction) to use QuickCheck . If you use QuickCheck on behalf of a company or other entity, you represent that you have authority to bind that entity and accept the Terms on its behalf.

User Rights & Responsibilities

You are granted a limited right to access and use QuickCheck for its intended purposes in accordance with these Terms . This right is non-exclusive and revocable. All use must be for lawful, authorized purposes . You agree to:

  • Provide accurate information: When registering an account, you will provide truthful, up-to-date information. You are responsible for maintaining the confidentiality of your login credentials and for anything that happens under your account . Notify us immediately of any unauthorized use of your account.

  • Use QuickCheck only as intended: You will use the Service only for your internal business or personal purposes (as applicable) and in compliance with all applicable laws. For example, do not upload personal data of others without proper consent or legal basis . You are responsible for ensuring that your use of QuickCheck (including any data you input) complies with privacy laws and other regulations applicable to you.

  • Keep your system secure: You are responsible for the equipment, internet connection, and software you use to access QuickCheck. You should implement security measures on your devices. We are not liable for issues caused by your hardware, network, or third-party services .

As long as you follow these Terms, you may continue to use QuickCheck and receive any standard support we offer. We strive to provide reliable service availability, but no specific uptime guarantee is promised under these Terms (any separate Service Level Agreement will govern if provided).

Acceptable Use Policy

We have an Acceptable Use Policy (“AUP”) to ensure QuickCheck is used safely and lawfully. You agree NOT to:

  • Misuse or disrupt the Service: Do not interfere with or overburden QuickCheck’s infrastructure. For example, no attempts to disable, hack, or impair the Service (e.g. by transmitting viruses, worms, malware, or any code of a destructive nature) . You must not attempt to gain unauthorized access to any part of the Service or its underlying systems .

  • Reverse engineer or misuse AI: Do not reverse-engineer, decompile, or attempt to extract source code or underlying models from our software . Also, you must not use QuickCheck’s AI outputs to create a competing product or to train your own AI in a manner that violates our intellectual property rights.

  • Illegal or harmful activities: Do not use QuickCheck for any unlawful purposes, or to transmit or store unlawful, indecent, threatening, or offensive material . This includes no use of the Service to harass, defraud, defame, or violate the rights of any person. You must not upload content that infringes on others’ intellectual property or privacy rights, or that you do not have the right to use .

  • Impersonation or unauthorized access: Do not impersonate any person or entity, or misrepresent your affiliation. You must not attempt to access data or accounts that you are not authorized to access .

Violation of the above AUP can result in suspension or termination of your access (see Termination & Suspension below). We may investigate suspected violations and will cooperate with law enforcement or regulators if required. You are responsible for the actions of anyone you allow to use QuickCheck under your account – their acts are considered your acts for purposes of these Terms .

Intellectual Property & License

Our Intellectual Property: Quick (and its licensors, if any) retain all ownership and intellectual property rights in the QuickCheck platform, including all software, features, logos, trademarks, and content we provide . These are protected by copyright, trade secret, and other laws. Using QuickCheck does not transfer any ownership of our IP to you. We only grant you a limited license as described below.

Your License to Use QuickCheck: Subject to your compliance with these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the QuickCheck software and documentation for your internal business or personal purposes . You may not sublicense or transfer this user license to others except as permitted by Quick. Any rights not expressly granted to you are reserved by us . You agree not to copy, modify, distribute, or create derivative works based on our software except as allowed by law or with our permission.

Your Data & Content: You retain all rights to the data, content, and materials you or your authorized users input into QuickCheck (“Customer Data”). We do not claim ownership of your data. By using QuickCheck, you give us a permission (license) to handle your data as needed to provide and improve the Service . This means you grant Quick a worldwide, royalty-free license to use, copy, transmit, store, and back up your data for the purposes of operating the Service and as otherwise permitted by our Privacy Policy . We will only use your data to deliver the Service and for purposes consistent with these Terms – for example, to troubleshoot issues, analyze usage to improve features, or as required by law. We will not use Customer Data for any unrelated purposes and will not sell or share your personal data for advertising (see Privacy Policy in Part B for details). You represent and warrant that you have the necessary rights or permissions to provide the data you upload to QuickCheck and to grant us the foregoing license . If you choose to integrate QuickCheck with any third-party services, you authorize Quick to exchange relevant data with those services as directed by you.

Feedback: If you provide us with suggestions or feedback about QuickCheck, you agree that we may use and implement those ideas without obligation to you, and any improvements or modifications based on feedback are owned by Quick.

Service Disclaimers

QuickCheck is an advanced platform that may include AI-driven features, analytics, and automation. However, QuickCheck (and all its outputs) are provided “as is” without warranties of any kind . While we strive for accuracy, we do not guarantee that the Service or any content (including AI-generated insights or recommendations) is 100% correct, reliable, or suitable for every purpose . To the maximum extent allowed by law, we disclaim all implied warranties or conditions (for example, implied warranties of merchantability, fitness for a particular purpose, and non-infringement) . In particular:

  • AI Outputs: QuickCheck may use artificial intelligence to provide suggestions, predictions, or reports. These AI-generated outputs may contain inaccuracies or biases, and you should not rely on them as your sole basis for important decisions . Quick does not guarantee that the AI’s results will meet your expectations or requirements. You are responsible for reviewing and verifying any AI-generated content before you act on it . For example, if QuickCheck’s AI misses a property defect or makes a recommendation, you should use your own judgment and independent verification – QuickCheck is a tool to assist you, not a substitute for professional advice or human assessment .

  • Service Availability: We strive to keep QuickCheck up and running, but downtime may occur (for maintenance, updates, or unforeseen outages). We do not warrant that the Service will be uninterrupted, timely, secure, or error-free . Scheduled maintenance will be communicated when feasible, but emergency downtime might happen without notice.

  • Data Integrity: While we implement backups and security, we cannot guarantee that your data stored in QuickCheck will never be lost or corrupted. You should maintain your own backups of important data  . We will not be responsible for any loss of data or inability to retrieve data due to factors outside our control.

  • No Other Warranties: Quick disclaims any assurances that QuickCheck will meet all of your needs, operate with any third-party software/hardware, or achieve any particular results. Any statements about the Service (e.g. in marketing or user testimonials) are for informational purposes and not guarantees.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not fully apply to you. In such cases, our warranties are limited to the minimum scope permitted by law.

Liability Limitation

Limitation of Liability: To the fullest extent permitted by applicable law, Quick’s total liability to you for all claims arising out of or related to the Service or these Terms will not exceed the amount you paid us for the Service in the 12 months preceding the claim . If you have not paid any fee (for free use or trial), Quick’s liability is limited to NZ $100. This limitation applies collectively to Quick Software Ltd and its affiliates, and to all types of claims (e.g. contract, tort, negligence, strict liability, or otherwise).

Exclusion of Certain Damages: In no event will Quick or its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages . This includes, for example, damages for lost profits or revenues, business interruption, loss of data, loss of goodwill, or the cost of substitute services , even if we have been advised of the possibility of such damages. Quick will also not be responsible for any loss or damage that is not reasonably foreseeable.

Use-Cases involving AI: You acknowledge that the pricing of QuickCheck reflects this allocation of risk. Particularly for AI-related features, Quick is not liable for outcomes or decisions you make based on AI outputs . Any business or personal decisions you take (such as property assessments, inventory orders, fleet management actions, etc.) are your responsibility, even if influenced by the Service’s suggestions.

Some jurisdictions (like Australia and EU member states) do not allow certain liability limitations. Nothing in these Terms excludes or limits liability that cannot be limited by law, such as liability for death or personal injury caused by negligence, or willful misconduct. Also, nothing in these Terms affects your statutory rights as a consumer under applicable law . For example, if the New Zealand Consumer Guarantees Act 1993 or Australian Consumer Law applies to your use of QuickCheck, certain guarantees may apply and cannot be excluded; in such case, our liability is limited to the remedies provided under those laws.

Indemnity

You agree to indemnify, defend and hold harmless Quick and its affiliates, officers, employees, and agents from any and all third-party claims, liabilities, damages, losses, and expenses (including reasonable legal fees) that arise out of or relate to: (a) your use of QuickCheck in violation of these Terms, (b) any data or content you submit (including claims that Customer Data infringes or violates third-party rights or laws), or (c) your breach of any law or regulation in connection with your use of QuickCheck .

For example, if you upload content you have no right to use, or if you use QuickCheck to violate someone’s privacy or intellectual property and a claim is brought against us, you will cover all costs and damages incurred by Quick due to your conduct . We will promptly notify you of any such claim and may allow you to control the defense, but we reserve the right to participate with counsel of our own choosing at your expense if necessary. Your indemnification obligations will survive any termination of these Terms.

(For business/enterprise users: We understand you may seek mutual indemnities, for instance, if QuickCheck’s technology infringes a third-party patent or copyright. Such provisions can be negotiated in a separate written contract. Absent such contract, the above user indemnity applies and Quick’s indemnity to you is as per applicable law.)

Modifications & Updates

Changes to Service: Quick continually improves QuickCheck and may add, change, or remove features or functionalities over time. We reserve the right to update or discontinue (temporarily or permanently) parts of the Service at any time. We will endeavor to give you prior notice for significant changes, especially if they reduce core functionality . However, there may be instances (e.g. security emergencies or third-party integration changes) where changes occur with little or no notice. Quick will not be liable for any modification, suspension, or termination of features, provided that such changes do not fundamentally breach our obligations to you .

We may also develop new optional tools or enhancements that may be subject to separate terms or fees. Your use of those new features would be conditional on agreeing to any additional terms.

Changes to Terms: We may update these Terms from time to time (for example, to address new features or legal requirements). If a revision includes significant changes, we will notify you via the Service or email, and post the updated Terms with a new “Last Updated” date . We will give at least 14 days’ notice of material changes when feasible. **By continuing to use QuickCheck after updated Terms become effective, you accept the changes . If you do not agree to the revised Terms, you must stop using the Service before the changes take effect. For minor or clarifying updates that do not materially affect your rights, notice may simply consist of posting the new Terms. We encourage you to check our website periodically for any changes.

Termination & Suspension

By You: You can stop using QuickCheck at any time. If you have a paid subscription, you may terminate your account or subscription by providing us notice (through your account settings or contacting support) in accordance with any notice period in your plan. Unless otherwise stated in a separate agreement, paid subscriptions are generally month-to-month, and you can cancel future renewals (though no pro-rata refunds for the current term unless required by law). Upon termination, you must cease all use of the Service, and we may disable your access.

By Quick: Quick may suspend or terminate your access if you breach these Terms or violate the Acceptable Use Policy. In most cases of a remediable breach, we will provide you with a notice of the breach and a reasonable opportunity (e.g. 10 working days) to cure it. However, for serious violations or if we believe continuing access could pose risk or legal exposure to us or other users, we may suspend or terminate your account immediately . For example, we may immediately suspend service if you are found engaging in fraudulent or illegal activity, attempting to hack the platform, or if required by law enforcement. We will notify you of the suspension/termination, stating the reason.

Effect of Termination: Upon termination by either party: (a) Your rights to use QuickCheck end and we may close your account and delete your data after a retention period (per our Privacy Policy) unless otherwise required by law or agreement . We recommend you export any data you need prior to terminating. (b) Fees: If you terminate due to our breach and we confirm such breach, we will refund any prepaid fees covering the unused remainder of your subscription. If we terminate due to your breach, or you terminate without cause, you will not be entitled to any refund for the current term and remain liable for any unpaid fees through the end of that term . (c) Liability: Termination does not relieve either party of any liability or claim accrued prior to termination. (d) Survival: Any provisions of these Terms that by their nature should survive termination (such as indemnity, liability cap, intellectual property ownership, governing law, dispute resolution, and others) will remain in effect .

If your account is suspended (rather than terminated), you remain responsible for ongoing fees, and we will restore your access once the issue is resolved to our satisfaction. We also reserve the right to terminate any free accounts that are inactive for an extended period (we will attempt to notify before deletion).

Governing Law & Dispute Resolution

Governing Law: By default, these Terms are governed by the laws of New Zealand (being the home jurisdiction of Quick Software Ltd), without regard to its conflict of law principles. If you are a consumer residing outside New Zealand, you may have mandatory rights under your local consumer laws; nothing in these Terms limits or excludes any consumer rights you are entitled to under such laws . For example, EU consumers may have certain rights under EU consumer protection directives; these Terms will be interpreted to be consistent with those rights where applicable.

Jurisdiction: In general, any disputes that cannot be resolved amicably shall be brought before the competent courts of New Zealand, and you consent to such jurisdiction. However, if you are a consumer in the European Union, you may additionally file claims in the courts of your country of residence if so mandated by law. Quick will comply with any legally required dispute resolution obligations.

Dispute Resolution Process: We value our relationship with users and aim to resolve concerns through dialogue. You agree to first contact us to attempt to resolve any dispute informally. If we cannot resolve a dispute within 30 days, either party may seek formal remedies. For business users, we may mutually agree to arbitration or mediation in a neutral forum as an alternative to litigation. Absent such agreement, the courts specified above will handle the dispute. Each party will bear its own costs, and any court action will be limited to claims permitted under these Terms.

Class Action Waiver (if permissible): To the extent allowed by law, we each agree that any dispute resolution will be on an individual basis only, and neither you nor Quick will join or consolidate claims in a class or representative action without the other’s express consent.

International Use: QuickCheck may be accessed globally. It is your responsibility to ensure that your use is lawful in your jurisdiction. Some features may not be available in all countries. We make no representations that the Service is appropriate or available for use in all locations. If you are subject to U.S. or other export laws, you agree not to use QuickCheck in violation of export regulations (e.g. not exporting or re-exporting the software to prohibited countries or users).

Note: These Terms (Part A) together with our Privacy Policy (Part B) constitute the entire agreement governing use of QuickCheck, except where you have a separate signed agreement with us that expressly overrides these terms. If any part of these Terms is held invalid, the rest remains in effect (the invalid provision will be interpreted or severed to fulfill its purpose to the extent valid). Our failure to enforce any provision is not a waiver of our right to do so later. You may not assign or transfer this agreement without our consent; we may assign our rights and obligations to an affiliate or in connection with a merger or sale of assets, with notice to you.

If you have questions about these Terms, please contact us at legal@quickcheck.com (for example). By using QuickCheck, you acknowledge that you have read and agree to these Terms of Service.

Part B: Privacy Policy

Introduction & Commitment to Privacy

Quick Software Ltd (“Quick”, “we”, “us”) is committed to protecting your privacy. Our philosophy is “AI for all, data for no one” – we leverage AI to deliver value to our users, but we do not exploit or sell your personal data . This Privacy Policy explains what information we collect, how we use it, and your rights. We endeavor to meet or exceed the requirements of New Zealand’s Privacy Act 2020, Australia’s Privacy Act 1988 (including the Australian Privacy Principles), and the EU General Data Protection Regulation (GDPR). We aim to uphold the highest standard of privacy compliance across these jurisdictions .

In plain language: we only collect the minimum data necessary to provide and improve QuickCheck . We do not sell personal data to third parties . We design our systems with privacy in mind – for instance, where feasible, we perform processing on your device (edge computing) to limit what is sent to our servers. Any personal information you entrust to us is handled with care and security. By using QuickCheck, you consent to the practices described in this Privacy Policy. If you do not agree, please do not use the Service.

Data Controller: For the purposes of privacy laws, Quick Software Ltd (New Zealand) is the “data controller” of personal information we collect from our users (meaning we determine how and why the data is processed) . In some cases, Quick may act as a “data processor” for content you input (for example, if you upload information about your customers or end-users, you remain the controller of that data and Quick processes it on your behalf). We have a Privacy Officer (see Contact section) responsible for overseeing our privacy compliance .

Information We Collect & Why

1. Information You Provide Directly: When you interact with QuickCheck, you may give us personal information voluntarily. This includes:

  • Account Information: When you sign up, we collect basic contact details such as your name, email address, phone number, and organization name (if applicable). We use this to create your account, communicate with you, and provide support. We might also collect billing information (like credit card details or billing address) if you purchase a subscription; however, payment details may be handled by a secure third-party processor (we do not store your full credit card number on our servers)  .

  • Profile and Settings: You may have the option to add additional profile info (e.g. a profile photo) or preferences within the app. This is optional and only used to personalize your experience.

  • Content and Data Inputs: QuickCheck is used for tasks like property inspections, inventory management, fleet tracking, etc. You (or your authorized users) may upload or input data such as text, images, documents, sensor data, or other content relevant to these tasks. For example, in QuickCheck you might upload property photos and notes for an inspection report. In our other products QuickBite or QuickFleet, you might input sales figures or vehicle information. Any personal or sensitive data included in such content is provided by you at your discretion and used solely to perform the service (e.g. generating a report or analysis for you)  . We ask that you only provide personal data of others if you have legal grounds to do so (e.g. customer or employee data that you are authorized to process).

  • Communications: If you contact us (via email, chat, support tickets, or phone), we will collect the information you provide (such as your inquiry, feedback, or problem description). We use this to respond to you and improve our support services. We may keep records of these communications for training and quality assurance.

We will clearly indicate when personal information is requested, and you can choose not to provide certain information (though this might limit your ability to use some features of QuickCheck). We do not ask for or intentionally collect sensitive categories of personal data (such as health, genetic, biometric, or financial account info) unless it is directly part of the service function and you choose to provide it.

2. Information We Collect Automatically: When you use QuickCheck, certain data is collected automatically by our systems:

  • Usage Data: We collect log data about how you interact with the Service. This may include your device’s IP address, device type, browser type, operating system, pages or screens viewed, actions taken (e.g. features used, buttons clicked), and the dates/times of use  . For example, we might log that you accessed the Inspection Report screen at 2:00 PM or how often a particular feature is used. This information helps us understand usage trends, improve performance, and troubleshoot issues.

  • Device and App Data: If you use our mobile app, we might collect device identifiers, the app version, and crash/diagnostic information if the app malfunctions . We do this to ensure compatibility and stability of QuickCheck across different devices.

  • Location Data: For certain features (like mapping or geotagging photos in QuickCheck), we may collect precise location data from your device, but only if you grant permission for the app to access location . For example, QuickCheck can tag an inspection with GPS coordinates for your records. You can disable location access at any time via your device settings; the app will still work but some location-dependent features may be disabled. Aside from these feature-specific uses, we do not continuously track your location.

  • Cookies & Tracking Technologies: Our website and app use cookies or similar technologies to provide and improve the Service. For instance, when you visit our web dashboard, a session cookie keeps you logged in . We may use cookies for preferences (e.g. remembering your language choice) and analytics. These cookies collect information like your browser type and pages visited. We do not use cookies for third-party advertising or social media profiling. You can set your browser to refuse cookies; however, some parts of the Service may not function properly without them . For analytics, we might use a tool like Google Analytics to understand website traffic, but if so, we will configure it not to collect any personally identifying information, and we honor “Do Not Track” signals as feasible. (See our Cookie Notice for more detail on cookies, if provided.)

3. Information from Third Parties: We generally collect data directly from you, but in some cases we might obtain information from third-party sources:

  • If your employer or organization signs up for QuickCheck and designates you as an authorized user, they may provide us your name and email to set up your user account. We use this to invite you to the platform.

  • If QuickCheck integrates with other services at your request (for example, linking QuickCheck with an insurance company’s system or pulling data from an IoT device), with your consent we will receive whatever data from those services that you direct us to. We treat that data per this Policy and any applicable Data Processing Agreement.

  • We might also receive basic contact information from marketing partners or public sources to reach out to potential customers (B2B contact info, not consumer data). If we do, we will provide an opt-out at first contact and only store minimal info necessary for business communication.

We do not purchase consumer marketing lists or collect data about you from data brokers. We do not monitor your behavior across other sites or services.

How We Use Your Data

We use personal data only for legitimate and disclosed purposes, primarily to operate QuickCheck and serve our users. The main uses include:

  • Providing the Service: We process your data to deliver core functionality. For example, we use the information and content you input to generate inspection reports, analytics, or other outputs you request . If you set up alerts or notifications, we use your data to send those (e.g. email a reminder or an AI-generated suggestion). Essentially, everything you input or configure is used to provide back to you the intended service.

  • Maintaining & Improving the Service: We analyze usage and performance data to understand how QuickCheck is functioning and where improvements are needed. For instance, we may track if the system slows down during certain operations to optimize efficiency . We also use error/crash reports to fix bugs. These uses are aimed at making the user experience better and are generally done in aggregate or pseudonymized form.

  • Customer Support: If you reach out for help, we will use your information to assist you. This might involve reviewing your account info, recent activity, or data files (with your permission, if needed to resolve the issue). We may follow up with you via email or phone to ensure your issue is resolved.

  • Notifications & Communication: We will send you service-related communications. This includes account confirmations, invoices, security alerts (e.g. password reset, new login notice), and important service updates or changes  . We may also send optional product newsletters, updates, or offers, but only if you have not opted out. You can unsubscribe from marketing emails at any time by clicking the link in the email or changing your preferences. Transactional or critical communications (like billing issues or policy updates) may still be sent as required.

  • AI Processing (Transparency): QuickCheck uses AI and machine learning algorithms to provide certain features. For example, we might use computer vision AI to analyze photos you upload (to detect property damage) or machine learning to forecast inventory needs. When we process your data through AI, it is for the purpose of delivering the feature to you. All AI processing on your data is done under strict controls – typically either on your device or on our secure servers – and we do not use your personal data to train broad public AI models without permission. AI outputs can sometimes be generated automatically; as noted, we advise reviewing them. We also do not make solely automated decisions with legal or similarly significant effects on individuals without providing you an avenue for human review (this is in line with GDPR Article 22). If you have questions about our AI, you can contact us (see User Rights below).

  • Security and Abuse Prevention: We may use data (especially usage logs and device info) to detect and prevent fraud, abuse, or security incidents. For example, we might analyze logins to identify unusual patterns that could indicate unauthorized access. If we suspect any breach of these Terms or unlawful activity, we may investigate and use relevant data to mitigate issues and enforce our terms. This could involve automated systems that flag accounts for potential violations.

  • Legal Compliance: Where required, we will use or disclose data to comply with legal obligations. For example, keeping transaction records for tax/audit purposes, or responding to lawful requests by public authorities. We only do so when necessary and as described in “Disclosures” below.

We will not use personal data for entirely new, unrelated purposes without updating you. We do not engage in automated profiling of users for marketing or advertising. Any usage of personal data is tied to providing and improving Quick’s services in line with our “data for no one” ethos.

Data Sharing & Disclosures to Third Parties

Quick does not sell your personal information to anyone . We only share data in the following limited scenarios:

  • Service Providers (Processors): We use trusted third-party companies to help us run QuickCheck – for example, cloud hosting providers (to host our application and databases), email delivery services (to send verification or notification emails), customer support software, and payment processors. These third parties may process personal data on our behalf only for the purposes of providing their services to us . We require that they protect your data and not use it for any independent purpose. For instance, our payment processor will handle your credit card information directly and only use it to process payments – we never see your full card number . Our contracts with all processors include confidentiality and data security obligations consistent with this Policy and applicable law (including GDPR-required data processing clauses). A list of key subprocessors can be provided on request or found on our website (if we maintain one).

  • Business Partners & Integrations: If you choose to integrate or use QuickCheck in conjunction with third-party services (for example, if QuickCheck offers an integration with an insurance company or connects to an IoT device provider), we will share data with those third parties only as needed for the integration and only with your consent. For instance, if you explicitly request sending an inspection report to your insurer through QuickCheck, we will transmit that report to the insurer  . Similarly, if you import data from another system, we will access that data with your authorization. These partners will handle the information you provide per their own privacy policies, so we recommend reviewing those when you connect services.

  • Affiliates: Quick Software Ltd may share data with its corporate affiliates (e.g. if we have a subsidiary or parent company) for similar purposes as described here. Any affiliates will honor the same commitments. For example, if Quick expands and has an Australian branch, the NZ entity might transfer user data to the AU entity to assist with support or local hosting, still governed by this Policy.

  • Legal Requirements: We may disclose personal information when required by law or valid legal process, such as in response to a court order, subpoena, or other government demand . We will only provide the minimum data necessary (for example, providing billing records to tax authorities if required). Where lawful, we will inform affected users of such requests (e.g. if a government agency requests your information, we’ll attempt to notify you unless we are legally barred from doing so). We may also disclose data if necessary to enforce our legal rights or defend against legal claims. For instance, if there is an investigation of fraud or a breach of the Terms, we might preserve and share relevant data with investigators or courts .

  • Safety and Vital Interests: In rare situations, we might share information to protect the vital interests of individuals. For example, if we believe someone’s safety is at risk or there is an emergency (like detecting harmful behavior or threats via our Service), we might notify law enforcement or appropriate authorities as allowed by law.

  • Business Transfers: If Quick Software Ltd is involved in a merger, acquisition, or sale of assets, your data may be transferred to the successor entity. If such a change in ownership happens, we will ensure the new owners are bound by terms similar to this Privacy Policy or we will notify you and give an opportunity to opt-out or delete your data before transfer if required by applicable law. Any transfer will remain subject to the commitments we have made here.

In all cases of sharing, we strive for transparency. We will provide you with information about any significant disclosures of your personal data. The core principle is that we share your data only to help serve you or comply with the law, and not for profit or unrelated purposes .

International Data Transfers & Residency

QuickCheck is operated from New Zealand. Depending on your location and the location of our servers or service providers, your personal information may be transferred across national borders. We understand the importance of data residency and comply with cross-border data protection rules:

  • Data Held in NZ or Nearby Regions: We primarily store user data on secure servers located in New Zealand and/or Australia. The European Commission has determined that New Zealand’s privacy laws provide adequate protection for personal data , which means EU personal data can be transferred to NZ lawfully under GDPR. Similarly, New Zealand’s Privacy Act has rules (Principle 12) allowing overseas transfers only to countries with comparable safeguards . Australia currently permits transfers if reasonable steps are taken to ensure similar protection (APP8). By hosting in NZ/Australia, we leverage strong local privacy protections and geographical proximity for Australasian users.

  • Transfers to Other Countries: If we (or our subprocessors) need to transfer personal data out of these primary locations (for example, to the United States or the EU), we will ensure appropriate legal transfer mechanisms are in place. This could include Standard Contractual Clauses (SCCs) as approved by the European Commission for GDPR compliance, or reliance on an adequacy decision (like the EU–NZ adequacy) or other permitted derogations. We will also comply with any specific local requirements, such as obtaining consent for certain transfers if required. Our aim is that your data receives protection equivalent to NZ/GDPR standards wherever it is processed. If, in the future, we use cloud services in the U.S. or another country not deemed adequate, we will update our privacy disclosures and implement additional safeguards (e.g. encryption, access controls, and contractual obligations on the processor).

  • Data Localization Requests: If you are an Australian customer with policies requiring data to remain in Australia, or an EU customer wishing to store data in the EU, please contact us – we are open to arrangements (enterprise plan options) for regional data hosting to meet your needs. QuickCheck’s architecture is flexible and can deploy regional instances if contractually agreed. By default, however, data may be processed in NZ, which as noted is recognized as having strong protections.

  • Access from Other Locations: Our support and engineering teams may be located in New Zealand and potentially other countries (e.g. if we have developers in the EU or US). Any access to personal data by our team will be done in compliance with this Policy and on a need-to-know basis. All team members are trained in confidentiality and are subject to privacy agreements. Cross-border internal access will likewise observe legal requirements (for instance, EU personal data accessed by a NZ engineer still falls under GDPR accountability, which we uphold).

In summary, Quick will ensure that international data transfers are done securely and lawfully, with respect for the sovereignty of your data. If you have questions about where your data is stored or transferred, or need a copy of relevant transfer safeguards (e.g. SCCs), please contact our Privacy Officer.

Data Security & Retention

Security Measures: We take reasonable and appropriate security measures to protect personal information from loss, misuse, unauthorized access, disclosure, alteration, or destruction . This includes technical measures (encryption of data in transit via TLS, encryption of sensitive data at rest, firewalls, secure access controls, regular security audits) and organizational measures (employee training, limiting access to personal data only to authorized staff on a need-to-know basis, incident response plans). We regularly update our software and infrastructure to address security vulnerabilities. While no system is 100% secure, we strive to use industry best practices (such as OWASP guidelines, ISO27001-aligned processes) to keep your data safe. If we detect a data breach affecting your personal information, we will notify you and relevant authorities as required by law (see Breach Notification below).

Data Retention: We retain personal data only as long as necessary to fulfill the purposes described in this Policy or as required by law . Concretely:

  • Account information and content is kept while you have an active account. If you delete your account or subscription, we will initiate deletion of your personal data. We may retain backups or archives for a certain period (typically up to 30-60 days) in case you need data restored or for business continuity  , but these remain secure and are deleted in the normal course of backup rotation.

  • In some cases, we may retain data after account deletion if required for legal obligations or legitimate interests. For example, we might keep invoice records for accounting, or logs to enforce our rights (e.g. if an account was terminated for misuse, we may retain evidence of that event). We could also retain correspondence if needed to defend against a future legal claim. However, in all such cases the retained data will be limited to what is necessary and kept only for the duration needed (e.g. tax records for 7 years as required by law).

  • Content you provide (like reports, images) will be deleted or anonymized upon your request or within a reasonable time after account closure, barring the exceptions above. We give users controls to delete or export their data where feasible. For instance, you can delete an inspection report from the system; it will no longer be accessible to you, and our systems will purge it from active databases. Residual copies might remain in backups for a short period but will be overwritten per backup retention schedules .

  • Aggregated or anonymized data (which no longer identifies you) may be retained longer for analytical purposes, since it poses no privacy risk (e.g. overall system usage statistics). For example, “we had 1000 inspections run last month” – not linked to any user.

When disposing of personal data, we do so securely – for example, by using deletion methods that prevent recovery or, for physical media, secure destruction.

Your Rights and Choices

Depending on your jurisdiction, you have certain rights regarding your personal data. Quick is committed to honoring these rights:

  • Access and Correction (All Users): You have the right to request a copy of the personal information we hold about you, and to correct or update any inaccuracies . Much of your basic info can be reviewed and edited directly in your account profile. For any additional data or to get an exported copy, you can contact us (see Contact section). We will provide the information in a commonly used format. If you find any errors in your personal data, please let us know and we will correct them where possible  . In certain cases, we may ask for verification of identity before releasing data (to protect your account). We will respond to access requests within a reasonable timeframe (under NZ law, typically within 20 working days; under GDPR, within 1 month).

  • Erasure (Deletion): In circumstances where it applies (e.g. GDPR’s “right to be forgotten”), you may request that we delete your personal data  . For example, if you withdraw consent or believe your data is no longer needed for the purpose collected, you can ask us to erase it. We will honor such requests to the extent required by law and consistent with our retention obligations. Note that if you simply delete your account, that will trigger deletion of associated personal data as described above. Formal erasure requests will be processed similarly – we’ll remove what we can, and inform you of any data we must keep (and why).

  • Object or Restrict Processing: You might have the right to object to certain processing (e.g. for direct marketing, or if you contest the legit interest grounds) or to request we limit processing. For instance, an EU user can ask that we not use their data for analytics profiling. Quick does not do much in the way of marketing profiling, but if you have concerns, let us know and we will accommodate as required. You can also opt out of marketing emails as noted (using the unsubscribe link). If you want to restrict processing (say, you want us to just store data but not use it because you’re resolving an issue), contact us – we can temporarily disable certain processing.

  • Data Portability: For EU users (and similarly inclined features for others), you can request a copy of your data in a machine-readable format to transfer to another service  . For example, you might want your inspection records exported as a CSV or your images in a ZIP. We will provide such exports of the data that you provided or that was generated through your use, to the extent it’s feasible. Many exports can be done self-service in the app, but we’ll assist with any specific requests.

  • Withdraw Consent: In cases where we rely on your consent to process data (for example, if we ever ask your consent for a new feature or for using your testimonial on our website), you have the right to withdraw that consent at any time. This will not affect the legality of processing done before withdrawal, but we will stop the specific consent-based processing going forward. For example, if you consented to share usage data for a study and then change your mind, we’ll stop including your data.

  • Non-Discrimination: Quick will not discriminate or penalize you for exercising any privacy rights. If you opt out of certain processing, we will not deny you the Service (though some features that rely on that processing may be disabled).

To exercise any of these rights, please contact us (see Contact section below). We will need to verify your identity for security (especially for access, deletion, or porting requests) – typically by asking you to send the request from your registered email or providing info that matches our records. We will respond as quickly as possible and in any event within any timeframe required by law (e.g. GDPR: one month, with possible extension; NZ Privacy Act: 20 working days). If we cannot fulfill your request (e.g. due to a legal exception), we will explain why. For example, NZ law and others have exceptions where we may refuse access for specific reasons (like if it would involve revealing someone else’s personal info). But our default is to be helpful and transparent.

California Residents: (If applicable) QuickCheck does not fall under CCPA as we do not do business in CA with consumer data, but if it did: California users could request a notice of what categories of personal data we collect and purposes, as well as request deletion or opt-out of “sale” of personal info (we do not sell data). We would treat any such requests in line with the above rights.

Finally, if you have any issues with how we handle your data, you have the right to complain to the relevant data protection authority. For NZ, that’s the Office of the Privacy Commissioner; for Australia, the Office of the Australian Information Commissioner (OAIC); for EU, your local Data Protection Authority . Of course, we hope to resolve any concerns directly, so please reach out to us first.

“AI for All, Data for No One” in Practice

We want to reiterate how our philosophy guides our data practices: QuickCheck’s AI features are designed with privacy and minimal data usage in mind . Wherever possible, we use edge computing – meaning certain analyses happen directly on your device rather than sending data to our servers. For instance, if our mobile app can process an image to detect an issue locally, we do that to avoid uploading the image until it’s necessary . When we do process data on our servers, we strip out or anonymize anything we don’t need. We never use your data for advertising or to build profiles on individuals to sell elsewhere . Our business model is service subscription fees, not data monetization. This focus ensures our incentives align with protecting your information. In short, your data is yours – we just use it to give you the benefit of our AI and software, and nothing more.

We also continually evaluate our AI for fairness and accuracy. If you have concerns about how an AI output was generated or suspect bias, you can contact us for an explanation or to request that a human review be involved (where applicable). We believe transparency with AI use is key to trust , so we will gladly share how a particular result was achieved by our algorithms in understandable terms.

Data Breach Notification

Despite all precautions, if a data breach occurs that involves your personal information, we will act promptly to mitigate it and inform you as required. Under New Zealand’s Privacy Act 2020, if we experience a breach that has caused or is likely to cause serious harm, we are legally required to notify the Office of the Privacy Commissioner (OPC) and affected individuals as soon as practicable . The OPC’s guidance is to notify within 72 hours of becoming aware of a notifiable breach , and we will endeavor to meet that. Similarly, under the EU GDPR, we will notify the relevant supervisory authority within 72 hours of learning of a personal data breach, if the breach is likely to result in a risk to individuals’ rights . Affected users will also be informed without undue delay when required (for instance, if a breach poses a high risk to your rights and freedoms under GDPR).

Our notification will include information about the nature of the breach, what data was involved (in general terms), likely consequences, and what measures we have taken or will take to address it . We will also provide recommendations for you to mitigate any potential harm. For example, if credentials were compromised, we’ll prompt you to change passwords; if data was leaked, we’ll advise on steps like being alert to phishing.

Quick has an internal breach response plan that we will execute to contain and investigate the incident. We will reach out via the fastest method (likely email, or phone if necessary in severe cases) to keep you informed. Transparency is critical in such events – our aim is to be proactive and forthright.

Under Australia’s Notifiable Data Breaches scheme, we will similarly notify the OAIC and individuals if the breach is likely to result in serious harm.

In summary, while we strive to prevent incidents, we want you to know that we have processes to handle them responsibly, should one occur.

Changes to this Privacy Policy

We may update this Privacy Policy from time to time (for example, to reflect changes to our practices or for legal reasons). If we make material changes, we will notify you by email or via the Service, and update the “Last Updated” date at the top of this Policy. We encourage you to review this Policy periodically. Continued use of QuickCheck after a Policy update signifies your acceptance of the changes. If you disagree with any changes, you should stop using the Service and can request us to delete your data. We will not enforce material changes retroactively without your consent.

Contact Us (Privacy Officer)

Quick has appointed a Privacy Officer in accordance with New Zealand law . This person is responsible for ensuring our compliance with privacy regulations and is available to address any questions or concerns you have.

If you have any questions about this Privacy Policy or your personal data, or if you wish to exercise any of your data rights, please contact our Privacy Officer:

  • Privacy Officer: Fletcher Pearson-Riley, Quick Software Ltd.

  • Email: support@quicksoftwareltd.com (for privacy inquiries or requests).

  • Contact Number: +64 021 575 131 (monitored during NZ business hours)

We will respond as soon as possible to inquiries. If you contact us to exercise a privacy right, please indicate the specific request (e.g. “Access Request” or “Deletion Request”) and provide sufficient information to verify your identity.

If you’re not satisfied with our response, you have the right to lodge a complaint with the relevant supervisory authority. In New Zealand, that is the Office of the Privacy Commissioner (website: privacy.org.nz). In Australia, the Office of the Australian Information Commissioner (oaic.gov.au). In the EU, your local Data Protection Authority (a list is available online). We would appreciate the chance to address your concerns directly first.

Thank you for trusting Quick with your data – we truly value your privacy and work hard to protect it, in line with our motto of putting users first and data privacy at the core of our service.

Part C: Clause Sources Mapping

To ensure our Terms of Service and Privacy Policy meet the highest standards and for transparency to investors, we mapped each key clause to its influencing sources – whether legal requirements or examples from reputable companies in similar domains:


Clause / Section

Source / Jurisdiction Reference

Scope & Acceptance

Influenced by standard SaaS terms (e.g. SnapInspect NZ) requiring user agreement by use and Robust.AI Terms clearly stating acceptance by using service . Ensures contract formation.

User Rights & Responsibilities

Based on NZ SaaS examples like SnapInspect’s user obligations for lawful internal use and Robust.AI’s clause to use service only for lawful purposes . Incorporates NZ Privacy Act duties (only input data you’re authorized to) and general user accountability for credentials .

Acceptable Use Policy

Draws from SnapInspect’s prohibited uses (no interference, malware, unlawful content) and similar AUPs (e.g. Guardian Vaults AU: no misuse) . Also includes AI-specific prohibitions (no reverse-engineering AI), per best practices for AI SaaS.

Intellectual Property & License

Modeled on Robust.AI Terms: provider retains all IP, user gets limited license . User data licensing based on SnapInspect’s approach where customer data remains theirs but with a license to provider to use for service provision . This balances IP ownership (Quick’s software) with user data rights.

Service Disclaimers (AI Accuracy)

Fulfills legal requirements to disclaim implied warranties (allowed under NZ, AU law if for business; with consumer law caveats) . Emphasizes AI output uncertainty following SnapInspect’s warning that AI outputs may contain inaccuracies . Aligns with AI ethics guidelines to advise human oversight .

Liability Limitation

Compliant with NZ and AU law by capping liability (common in B2B SaaS). Target cap set to 12 months’ fees, as seen in Nomos One (NZ) Terms and Robust.AI’s limitation to amount paid past 12 months . Exclusion of indirect damages reflects standard clauses while preserving non-excludable consumer rights .

Indemnity

Derived from SnapInspect’s indemnity where user covers breaches (e.g. unlawful data uploads) and Guardian Vaults (AU) indemnity for third-party claims arising from user’s breach . Provides investors assurance that Quick is shielded from user-caused legal risks.

Modifications & Updates

Modeled on modern SaaS terms allowing updates with notice, e.g. Robust.AI’s clause that provider may update terms with notice and continued use implies acceptance . Ensures Quick can improve service and terms over time while keeping users informed (a common investor concern for scalability).

Termination & Suspension

Aligned with SnapInspect’s approach: either party can terminate with notice (convenience) and immediate termination for cause (breach or harm) . Suspension rights for violations mirror Nomos One’s and SnapInspect’s policies . This protects Quick’s platform and complies with NZ law on reasonable termination clauses.

Governing Law & Dispute Resolution

Default to New Zealand law (Quick’s home) while respecting EU consumer rights – i.e. not depriving EU consumers of mandatory protections or forum . Clause influenced by common practice to allow EU consumers local jurisdiction (per EU consumer law), and inclusion of arbitration option reflects global SaaS norms.

Privacy Officer & Contact

Fulfills NZ Privacy Act 2020 requirement to appoint at least one Privacy Officer . Contact info provided as per NZ and AUS transparency obligations and to facilitate GDPR Article 13/14 disclosures (identity of controller and representative).

Breach Notification

Compliant with NZ’s mandatory breach notification (Privacy Act 2020) – notify Commissioner and individuals ASAP if serious harm, with OPC’s 72-hour guideline . Also meets GDPR Art.33 duty to notify supervisory authority within 72 hours for personal data breaches . This high-standard approach covers Australian Notifiable Data Breaches as well.

Data Residency/Transfers

Addresses cross-border data flow rules: notes EU–NZ adequacy (EU Commission deemed NZ adequate) , ensuring GDPR compliance for EU user data. Acknowledges NZ Privacy Principle 12 limits on overseas disclosure (only to comparable jurisdictions or with safeguards) and Australian Privacy Principle 8 (taking reasonable steps to ensure overseas recipients protect data). This harmonized clause assures investors that Quick’s data storage and transfer approach meets NZ, AU, and EU standards.