Terms of Service

Last updated: 9 February 2026

These Terms of Service ("Terms") govern your use of the Frostbyte Pro application and website at frostbytesoftware.co.nz (the "Service"), operated by E & E Traders Ltd, trading as FrostbyteSoftware.co.nz ("we", "us", or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

1. Account Registration

To use the Service, you must register for an account and provide accurate, complete information. You are responsible for:

  • Maintaining the confidentiality of your account credentials.
  • All activities that occur under your account.
  • Notifying us immediately of any unauthorised use of your account.

You must be at least 18 years of age to create an account. Each account is for a single organisation; you may not share account access with individuals outside your organisation.

2. Free Trial

New accounts receive a 14-day free trial with access to all features. No credit card is required during the trial period.

At the end of the trial, your account will be suspended until you subscribe to a paid plan. Your data will be retained for 90 days after trial expiry, after which it may be permanently deleted.

3. Subscription and Payment

  • The Service is offered at $49.95 NZD per user per month, billed monthly.
  • Payments are processed securely through Stripe. By subscribing, you authorise us to charge your chosen payment method on a recurring monthly basis.
  • All prices are in New Zealand Dollars (NZD) and are inclusive of GST where applicable.
  • You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period, and you will retain access until that date.
  • We reserve the right to change pricing with 30 days' written notice. Price changes will apply from the next billing cycle after the notice period.

4. Refund Policy

As the Service is provided on a month-to-month basis with a free trial, refunds are generally not offered. However, if you experience a significant service issue, please contact us and we will consider refund requests on a case-by-case basis in accordance with the New Zealand Consumer Guarantees Act 1993.

5. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable laws or regulations.
  • Attempt to gain unauthorised access to the Service, other accounts, or our systems.
  • Upload or transmit viruses, malware, or any harmful code.
  • Interfere with or disrupt the integrity or performance of the Service.
  • Reverse engineer, decompile, or disassemble any part of the Service.
  • Use the Service to store or process data that violates any third party's intellectual property or privacy rights.
  • Share, resell, or sublicense your access to the Service without our written consent.

6. Your Data

You retain full ownership of all data you enter into the Service ("Your Data"). We do not claim any intellectual property rights over Your Data.

You grant us a limited licence to store, process, and display Your Data solely for the purpose of providing the Service to you. This licence terminates when you delete Your Data or close your account.

You are solely responsible for the accuracy, legality, and appropriateness of Your Data. We recommend maintaining your own backups. You may request an export of Your Data at any time by contacting us.

7. Intellectual Property

The Service, including its design, code, features, logos, and documentation, is the intellectual property of E & E Traders Ltd and is protected by New Zealand and international copyright and intellectual property laws.

Your subscription grants you a non-exclusive, non-transferable, revocable licence to use the Service for your internal business purposes during the subscription term.

8. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access to the Service. The Service may be temporarily unavailable due to:

  • Scheduled maintenance (we will provide reasonable notice).
  • Unscheduled maintenance to address critical issues or security vulnerabilities.
  • Circumstances beyond our reasonable control (force majeure).

We will use reasonable efforts to minimise disruption and notify affected users promptly.

9. Limitation of Liability

To the maximum extent permitted by New Zealand law, including the Consumer Guarantees Act 1993:

  • The Service is provided "as is" and "as available" without warranties of any kind, except as required by law.
  • We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
  • Our total liability to you for any claim arising from the Service is limited to the amount you paid us in the 12 months preceding the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under New Zealand law.

10. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, your breach of these Terms, or your violation of any third party's rights.

11. Termination

  • By you: You may cancel your subscription and close your account at any time through the Service or by contacting us.
  • By us: We may suspend or terminate your access if you breach these Terms, fail to pay subscription fees, or if required by law. We will provide reasonable notice where possible.

Upon termination, your right to use the Service ceases immediately. Your Data will be retained for 90 days after termination to allow you to request an export, after which it may be permanently deleted.

12. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice within the Service at least 14 days before the changes take effect. Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of New Zealand. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of New Zealand.

15. Contact Us

If you have any questions about these Terms, please contact us: