Effective date: 27 August 2026

About these Terms

These Terms of Service govern access to and use of the Better Business App™ and associated digital services provided by The Business Improvement Company Limited, referred to in these Terms as TBIC, we, us or our.

By creating an account, subscribing, accessing a Business Workspace, or using the Better Business App, you agree to these Terms.

If you use the Better Business App on behalf of a business or other organisation, you confirm that you have authority to act for that organisation.

The Better Business App is intended primarily for business use.

• The Better Business App

The Better Business App provides a digital environment that helps businesses organise, access, use, maintain and improve the information, resources and ways of working that matter to them.

Features may include people and organisational information, Position Descriptions, Activity Lists, systems and processes, Standard Operating Procedures, policies, forms, checklists, lists, FAQs, Problem Solver content, Better Business Resources, goals, business direction and other functionality made available by TBIC.

We may develop, improve, replace, add or remove features over time. We do not guarantee that every feature will remain unchanged or available indefinitely.

• Your Business Workspace

A subscription normally provides access to one Business Workspace.

The subscriber is responsible for providing accurate information, deciding who may access its Business Workspace, managing its users appropriately, protecting account credentials, ensuring information placed in the App may lawfully be collected and used, and ensuring its users comply with these Terms.

Access rights within a Business Workspace may vary according to each user's role and permissions.

• Subscription and Payment

Paid subscriptions are charged at the price shown when you subscribe, plus GST or other applicable taxes.

Unless otherwise stated, subscriptions renew monthly until cancelled.

Payments may be processed by Stripe or another payment provider selected by TBIC. The payment provider may apply its own terms and privacy practices.

We may change our prices. A price change does not automatically change the price of an existing subscription unless we notify you and lawfully implement or agree the change.

• Cancellation

We want it to be easy to become a customer, worthwhile to stay, and easy to leave.

You may cancel your subscription using the cancellation process provided by TBIC or our payment provider.

Unless we agree otherwise, cancellation takes effect at the end of the period already paid for.

Amounts already paid are not automatically refundable merely because you choose to stop using the App, subject to rights that cannot legally be excluded.

• Your Information

You own your business information. We own ours.

Information, documents and other original business content that you bring to the Better Business App, or create about your business while using it, remain yours.

Uploading or creating your business information in the Better Business App does not transfer ownership of that information to TBIC.

You give TBIC only the rights reasonably necessary to host, process, store, transmit, back up, display and otherwise handle that information to provide, maintain, secure and support the Better Business App.

Where you use TBIC intellectual property, including our methods, templates, Better Business Resources, content, designs or other protected material, the underlying TBIC intellectual property remains ours.

Your use of TBIC intellectual property does not transfer ownership of that intellectual property to you.

• Taking Your Information With You

If you leave our shores, you can take yours with you.

The Better Business App is intended to provide an export facility allowing authorised users to retrieve their business information and uploaded files in sensible, usable formats where reasonably practicable.

We will not charge you simply for exercising the standard self-service export facility to retrieve your own business information.

TBIC may separately offer optional paid assistance if you want us to organise, prepare, migrate or transfer information for you.

Some system information, security information, software, database structures, TBIC intellectual property or information belonging to other parties may not form part of an export.

• Our Intellectual Property

The Better Business App and TBIC's business improvement intellectual property represent substantial investment, knowledge and experience.

Unless expressly stated otherwise, TBIC or its licensors retain all rights and interests in TBIC material, including the Better Business App, software, source code, structure, architecture, interface design, methodologies, systems, processes, principles, terminology, distinctive expressions, training material, templates, Better Business Resources, written material, graphics, diagrams, photographs, illustrations, video, audio, branding, logos, website content, App content, documentation, database structures and future developments derived from TBIC intellectual property.

This includes, where applicable, registered trade marks, trade mark applications, copyright, confidential information and other intellectual property rights.

Nothing in these Terms transfers ownership of TBIC intellectual property to you.

• Your Right to Use Our Intellectual Property

While you have authorised access, TBIC grants you a limited, non-exclusive, non-transferable and revocable right to use the Better Business App and TBIC material provided to you for the internal operation and improvement of the authorised business.

Unless TBIC gives written permission, you must not copy or reproduce substantial parts of the App or TBIC material for another business or commercial product, sell or sublicense our material, systematically extract our content, remove proprietary notices, misrepresent our intellectual property as yours, or use our branding in a way that suggests an unauthorised relationship or endorsement.

You must not reverse engineer, decompile, circumvent security controls, scrape, systematically extract, or attempt to discover or reproduce protected source code, architecture, structures or other protected elements of the Better Business App except to the extent applicable law expressly permits.

You must not use TBIC material to build, train, develop or materially assist a competing product, service, methodology, artificial intelligence system or commercial offering by substantially copying, reproducing or exploiting protected TBIC intellectual property.

Nothing in these Terms prevents you from legitimately using the general knowledge, skills and experience you gain while operating and improving your own business.

• Security and Acceptable Use

You must not attempt to access another customer's Business Workspace, bypass security controls, probe vulnerabilities without written authorisation, introduce malicious code, interfere with the service, obtain unauthorised access, misuse another person's credentials, or use the Better Business App for unlawful or fraudulent purposes.

You must notify us promptly if you become aware of compromised credentials, unauthorised access or a security issue affecting your account.

• Suspension and Termination by TBIC

We may restrict, suspend, or terminate access immediately or as soon as reasonably practicable where we reasonably believe it is necessary to protect TBIC, the Better Business App, our customers, users, systems, intellectual property, or confidential information.

This includes serious or repeated breaches of these Terms, attempted unauthorised access, malicious interference, fraud, unlawful use, deliberate infringement of our intellectual property, prohibited copying or extraction, or non-payment.

We may also take action where required by law, a court or lawful authority.

Where appropriate and reasonably practicable, we may give you an opportunity to remedy a breach.

These rights do not prevent legitimate criticism, honest reviews, complaints, disputes or lawful competition.

• Failed Payments

If payment fails, our payment provider or we may retry payment and contact you about the outstanding amount.

We may restrict, suspend or terminate access where payment remains overdue.

Ending or restricting access does not automatically delete your business information.

• Information After Access Ends

We may retain workspace information for a reasonable period for recovery, reactivation, dispute resolution, security, legal, accounting, backup and operational purposes.

We may subsequently delete or anonymise information when it is no longer reasonably required, subject to applicable law.

Where the App provides an export facility, you should use it to obtain information you wish to retain.

• Confidentiality

Each party may receive confidential information belonging to the other.

Neither party may improperly use or disclose the other's confidential information.

This does not prevent disclosure reasonably necessary to provide or use the service, disclosure authorised by the owner of the information, or disclosure required by law.

• Third Party Services

The Better Business App may rely on third-party technology and services for functions such as hosting, authentication, payment processing, email, storage, and other infrastructure.

Third-party providers may apply their own terms and privacy practices.

TBIC is not responsible for independent third-party services or events outside our reasonable control.

• Availability and Changes

We aim to provide a reliable service, but no internet-based service can guarantee continuous or error-free availability.

The App may occasionally be unavailable due to maintenance, upgrades, internet outages, third-party service disruptions, security events, or circumstances beyond our reasonable control.

We may make changes necessary for security, performance, legal compliance or continued development of the Better Business App.

• Business Decisions and Professional Advice

The Better Business App is a business improvement tool and working environment.

It does not replace professional legal, accounting, tax, employment, health and safety, financial or other specialist advice where that advice is required.

Your business decisions remain your responsibility.

TBIC does not guarantee any particular financial, operational, employment, sales or other business outcome from using the App.

• Consumer Guarantees Act

Where the Better Business App or associated services are supplied and acquired in trade, the parties agree that the Consumer Guarantees Act 1993 will not apply to the maximum extent permitted by section 43 of that Act, where it is fair and reasonable that the parties are bound by this provision.

Nothing in these Terms excludes any right or remedy that cannot lawfully be excluded.

• Fair Trading Act

Where both parties are in trade, the parties agree to contract out of sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 to the extent permitted by section 5D of that Act and where it is fair and reasonable that the parties are bound by this provision.

Nothing in these Terms permits fraud, deliberate deception or conduct that cannot lawfully be excluded.

• Liability

To the maximum extent permitted by law, TBIC is not liable for indirect, consequential or special loss, loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, or loss resulting from circumstances outside our reasonable control.

To the maximum extent permitted by law, TBIC's total aggregate liability arising from the Better Business App or these Terms will not exceed the subscription fees actually paid to TBIC for the affected Business Workspace during the six months immediately preceding the event giving rise to the claim.

This limitation does not apply where liability cannot lawfully be limited or excluded.

• Deliberate Misuse

You are responsible for losses reasonably suffered by TBIC as a direct result of your deliberate unlawful use of the Better Business App, deliberate infringement of TBIC intellectual property, fraud, malicious interference with our systems, or material breach of your obligations concerning information you had no lawful authority to provide.

This applies only to the extent permitted by law and does not make you responsible for losses caused by TBIC's own acts or omissions.

• Overseas Subscribers

TBIC is a New Zealand business, and the Better Business App is operated from New Zealand.

If you access the service from another country, you are responsible for complying with laws that apply to you in that country.

Nothing in these Terms excludes mandatory legal rights that apply to you and cannot lawfully be excluded.

• New Zealand Law

These Terms are governed by New Zealand law.

Subject to any law to the contrary, the New Zealand courts have jurisdiction over disputes concerning these Terms or the Better Business App.

• Resolving Problems

If something goes wrong, contact us first.

We would rather resolve a genuine problem commercially and sensibly than create an unnecessary dispute.

Nothing in this section prevents either party seeking urgent legal relief where necessary to protect intellectual property, confidential information, data, systems or other legitimate interests.

• Changes to These Terms

We may update these Terms when our services, business, technology or legal obligations change.

Where a change materially affects your rights or obligations, we will communicate it in a reasonable way.

Continued use after updated Terms take effect constitutes acceptance where permitted by law.

• Contact

The Business Improvement Company Limited

New Zealand

Email: phil@tbic.nz

Website: www.tbic.nz

Copyright © 2026 The Business Improvement Company Limited. All rights reserved.