Terms of use
Terms of Use September 2026
These Terms of Use set out the terms on which Aimy Limited makes its AimyOne and aimyPlus programme management platforms available to organisations and authorised users. They are intended for business use.
If an Organisation has entered into a separate written order form, services agreement, data processing agreement, support SLA or other agreement with Aimy that expressly governs the Service, that agreement will prevail over these Terms to the extent of any inconsistency.
IF YOU ARE REGISTERING AS A USER
If you are registering as a User under an existing Organisation subscription, you may be required to accept user terms presented through the Service. By accessing or using the Service, you agree to comply with these Terms and any applicable user terms. If you do not agree, you must not access or use the Service.
IF YOU ARE SUBSCRIBING AS AN ORGANISATION
If you register yourself, a company or another organisation for a subscription, you represent and warrant that you have authority to bind that Organisation. The Organisation becomes bound by these Terms when it accepts them during account activation, signs or accepts an order form that incorporates them, or first uses the Service after being given notice that these Terms apply.
1. DEFINITIONS
Applicable Law means all laws and regulations applicable to a party in connection with the Service, including applicable privacy, consumer protection and electronic communications laws.
Content means information, materials and content made available by Aimy through the Service, excluding Organisation Data.
Fees means the subscription fees, implementation fees, add-on fees and other charges notified to or agreed with the Organisation.
Organisation means a person, company or other organisation that subscribes to AimyOne or aimyPlus.
Organisation Data means data, records, reports, documents, images or other information uploaded to, submitted to, stored in or generated through the Service for or on behalf of an Organisation, including personal information relating to its staff, customers, parents, caregivers and children.
Privacy Laws means the privacy and data-protection laws applicable to the relevant processing, including the New Zealand Privacy Act 2020 and, where applicable, the Australian Privacy Act 1988 (Cth) and Australian Privacy Principles. Service means the AimyOne or aimyPlus programme management platform and related online services provided by Aimy, including enabled modules and applications.
Services Agreement means a separate written agreement, order form, statement of work, data processing agreement, support SLA or other contractual document between Aimy and an Organisation governing the Service.
User means a person authorised by an Organisation to access or use the Service.
we, our or us means Aimy Limited.
2. LICENCE AND USE OF THE SERVICE
2.1. We grant each User a non-exclusive, non-transferable and non-sublicensable right to access and use the Service solely for the Organisation’s internal business, programme-management and related activities during the Organisation’s subscription.
2.2. The Organisation may authorise a reasonable number of Users, subject to any subscription limits, user-role restrictions and account settings applying to the Service. The Organisation is responsible for assigning and reviewing appropriate User permissions.
2.3. The Organisation is responsible for the acts and omissions of its Users when they access or use the Service, except to the extent caused by Aimy’s breach of these Terms or Applicable Law.
2.4. Each User must keep login credentials secure, must not share individual credentials with another person, and must promptly notify Aimy of suspected unauthorised access. Aimy may require password resets, multi-factor authentication or other reasonable security measures.
2.5. Users must keep account and profile information accurate and up to date.
2.6. Aimy may suspend or restrict a User’s access where reasonably necessary to address a security risk, suspected unauthorised or unlawful use, material breach of these Terms, or a threat to the Service or other customers. Where reasonably practicable, Aimy will notify the Organisation and limit the suspension to the affected User, function or period.
2.7. The Organisation is responsible for providing compatible devices, operating systems, internet connectivity and other systems required to access the Service.
2.8. The Organisation must maintain reasonable security controls for its own systems and networks, including appropriate access controls and protection against unauthorised access.
2.9. Users must not: ● use the Service unlawfully or to infringe another person’s rights; ● damage, disable, disrupt or interfere with the Service or any connected network or system; ● reverse engineer, decompile, disassemble or attempt to derive source code except to the extent such restriction is prohibited by law; ● use automated scraping, indexing or extraction tools except where expressly authorised by Aimy; ● circumvent access controls, security features or usage limitations; or ● encourage or assist another person to do any of the above.
2.10. Aimy and its licensors own all intellectual property rights in the Service, Content, software, platform architecture, workflows, documentation and all improvements, enhancements and derivatives, except to the extent otherwise expressly agreed in a Services Agreement.
2.11. The Organisation retains all rights in Organisation Data. The Organisation grants Aimy and its service providers a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, process, display and otherwise use Organisation Data only as reasonably necessary to provide, secure, support and improve the Service, comply with law, and perform the parties’ agreements. Aimy may also use aggregated or de-identified information that does not reasonably identify an individual or the Organisation for service analytics, security, capacity planning, benchmarking and product improvement.
3. SUPPORT, MAINTENANCE AND SERVICE AVAILABILITY
3.1. Aimy provides online support resources and support channels notified to Users from time to time. Where a Support SLA or Services Agreement applies to an Organisation, the response, resolution and escalation commitments in that document will apply. Otherwise, Aimy will use reasonable endeavours to respond to support requests within a reasonable time during its normal support hours.
3.2. Aimy will use reasonable endeavours to keep the Service available on a 24-hour, 7-day basis, but does not guarantee uninterrupted or error-free operation. Availability may be affected by planned maintenance, emergency maintenance, internet or telecommunications failures, third-party services, customer systems, force majeure events or other matters outside Aimy’s reasonable control.
3.3. Aimy will use reasonable endeavours to give advance notice of significant planned maintenance that is expected to materially affect use of the Service.
3.4. Unless a Services Agreement expressly provides otherwise, service levels are operational targets and do not create an automatic right to service credits, refunds or damages.
4. FEES AND PAYMENT
4.1. The Organisation must pay the Fees applicable to its subscription and enabled modules in accordance with the billing frequency and payment method notified by Aimy or agreed in a Services Agreement.
4.2. Aimy may change its standard subscription pricing by giving at least 30 days’ written notice. A general price increase will take effect at the start of the Organisation’s next renewal term or, for a month-to-month subscription, the first billing period beginning after the notice period. Aimy will not increase a fixed committed price during a committed term unless the Organisation agrees, the increase results from a requested change in usage or modules, or a Services Agreement expressly allows it.
4.3. Subscription fees may vary according to usage, attendee numbers, business units, enabled modules or other pricing metrics notified by Aimy. Changes caused by the Organisation’s own increase or decrease in usage will take effect in accordance with the applicable pricing rules.
4.4. Add-on modules or features requested by the Organisation may incur additional activation or subscription charges disclosed before activation. Disabling an add-on will take effect from the next billing period unless otherwise stated.
4.5. Aimy may invoice or debit the Organisation’s nominated payment method in accordance with the agreed billing arrangement. The Organisation must maintain valid payment authority for the duration of the subscription.
4.6. Fees are exclusive of applicable GST, sales tax, value-added tax or similar taxes unless expressly stated otherwise. The Organisation must pay undisputed invoices in full by the due date without set-off or deduction.
4.7. If an undisputed amount is overdue, Aimy may charge reasonable interest and recovery costs permitted by law. Before suspending the Service for non-payment, Aimy will give reasonable notice and an opportunity to remedy the overdue amount, except where the Organisation is insolvent or has clearly indicated it will not pay.
5. PRIVACY AND DATA PROTECTION
5.1. Aimy will handle Personal Information in accordance with Applicable Privacy Laws and its Privacy Policy.
5.2. The Organisation is responsible for ensuring that Organisation Data is collected, disclosed to Aimy and otherwise processed lawfully, including by providing required privacy notices and obtaining any consent or authority required for information relating to children, parents, caregivers, staff or other individuals.
5.3. Aimy may use affiliates, hosting providers and other subcontractors to process Organisation Data, including outside the Organisation’s country, provided Aimy complies with Applicable Privacy Laws and any more specific requirements in a Services Agreement.
5.4. If a Services Agreement or data processing agreement contains more specific privacy, security, data-location, breach-notification, retention or deletion provisions, those provisions prevail over this clause and the Privacy Policy to the extent of any inconsistency relating to the Organisation’s use of the Service.
6. WARRANTIES, CONSUMER LAWS AND LIABILITY
6.1. Aimy warrants that it is entitled to provide the Service and will provide the Service with reasonable care and skill. To the best of Aimy’s knowledge, authorised use of the Service in accordance with these Terms will not infringe third-party intellectual property rights, except to the extent a claim arises from Organisation Data, customer instructions, third-party integrations or modifications not made by Aimy.
6.2. The Organisation warrants that it has the rights, permissions and lawful authority necessary for Aimy to process Organisation Data and that the Organisation and its Users will use the Service in accordance with Applicable Law.
6.3. To the maximum extent permitted by law, all warranties, conditions and guarantees not expressly stated in these Terms are excluded. However, nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded, including any applicable rights under the Australian Consumer Law.
6.4. Where the New Zealand Consumer Guarantees Act 1993 would otherwise apply and the Service is acquired for business purposes, the parties agree that the Act is contracted out of to the maximum extent permitted by law and only where it is fair and reasonable to do so.
6.5. If the Australian Consumer Law applies to a supply of services under these Terms and permits Aimy to limit its liability under section 64A of that law, Aimy’s liability for failure to comply with an applicable consumer guarantee is limited, at Aimy’s option, to supplying the affected services again or paying the reasonable cost of having those services supplied again.
6.6. Except for liability that cannot lawfully be limited, each party’s aggregate liability arising out of or in connection with these Terms and the Service, whether in contract, tort (including negligence), equity, statute or otherwise, is limited to the Fees paid or payable by the Organisation for the Service during the 12 months immediately preceding the event giving rise to the claim. If the Organisation has subscribed for less than 12 months, the cap is the Fees paid or payable from commencement to the date of the event.
6.7. Neither party is liable to the other for indirect, consequential, special or punitive loss, or for loss of profit, revenue, business opportunity or goodwill, except to the extent such loss forms part of an amount payable to a third party under an indemnity expressly given in these Terms. This exclusion does not apply to liability that cannot lawfully be excluded.
6.8. The Organisation will indemnify Aimy against third-party claims and direct losses to the extent caused by the Organisation’s unlawful use of the Service, infringement by Organisation Data, material breach of clause 2.9 or 5.2, or wilful misconduct. The indemnity does not apply to the extent the claim or loss was caused by Aimy’s breach, negligence or wilful misconduct, and remains subject to applicable law.
7. TERM, SUSPENSION AND TERMINATION
7.1. These Terms apply from the date the Organisation first accepts them or first receives access to the Service and continue until the subscription ends.
7.2. Unless a Services Agreement provides a committed subscription term, either Aimy or the Organisation may terminate a month-to-month subscription on at least 30 days’ written notice.
7.3. Either party may terminate for a material breach that is capable of remedy if the breach is not remedied within 10 business days after written notice. Aimy may terminate or suspend immediately where reasonably necessary for serious security reasons, unlawful use, fraud, insolvency, or a material breach that cannot reasonably be remedied.
7.4. On termination, the Organisation and its Users must stop using the Service. The Organisation may request an export of Organisation Data during the subscription or within 30 days after termination, subject to reasonable technical limits and any agreed export charges. Unless a Services Agreement states otherwise, Aimy may delete Organisation Data after 90 days following termination, subject to legal retention requirements and ordinary backup cycles.
7.5. Prepaid Fees are not refundable where the Organisation terminates for convenience or Aimy terminates for the Organisation’s breach. If Aimy terminates a prepaid subscription for convenience, or the Organisation terminates because of Aimy’s uncured material breach, Aimy will refund prepaid subscription Fees attributable to the unused period, unless otherwise required or prohibited by law.
8. GENERAL
8.1. Neither party is liable for delay or failure caused by events beyond its reasonable control, except that this does not excuse payment obligations already due.
8.2. These Terms, together with any applicable Services Agreement, form the agreement between the parties concerning the Service. If there is an inconsistency, the Services Agreement prevails, followed by these Terms, unless the Services Agreement expressly states another order of precedence.
8.3. Either party may assign these Terms to an affiliate or as part of a merger, reorganisation or sale of all or substantially all of the relevant business or assets by giving notice to the other party. Any other assignment requires the other party’s prior written consent, not to be unreasonably withheld or delayed.
8.4. Aimy may update these standard Terms from time to time. Material changes will be notified at least 30 days before they take effect where reasonably practicable. Changes required by law, regulation, security or a new feature may take effect sooner if reasonably necessary. A material update will not override a negotiated Services Agreement during its committed term unless the Organisation agrees or the Services Agreement permits the change.
8.5. These Terms are governed by New Zealand law and the parties submit to the non-exclusive jurisdiction of the New Zealand courts. Nothing in this clause prevents the application of mandatory laws that cannot lawfully be excluded, including applicable Australian consumer or privacy laws.
8.6. If any provision is invalid or unenforceable, it will be read down or severed to the minimum extent necessary without affecting the remaining provisions. A failure to enforce a right is not a waiver of that right.
8.7. Notices under these Terms may be given electronically to the contact details recorded for the Organisation or through the Service, except where Applicable Law requires another method. Last updated: September 2026