Terms & Conditions
About These Terms
These terms and conditions govern all services provided by Unbox Digital Limited ("we", "us", "Unbox") to you ("the Client"). By completing payment you confirm that you have read, understood, and agreed to these terms.
As this is a business-to-business arrangement, the Consumer Guarantees Act 1993 does not apply to our services.
The Service
Unbox Digital Limited provides an AI-powered automation layer that connects to your Fergus account via the Fergus API. The service includes, but is not limited to:
- Automated job tracking and status updates
- Quote follow-up and management
- Invoice chasing and payment reminders
- Calendar and scheduling management
The specific scope of automation will be confirmed with you prior to or at the point of onboarding. We reserve the right to update or modify features over time with reasonable notice.
Beta Service & Early Access
The Fergus Automation Product is in beta
The Unbox Digital Fergus Automation Product ("the Fergus Automation Product") is currently in beta. This means the product is in active development and is not yet a fully complete or stable commercial release. By engaging our service during this period, you acknowledge and accept that:
- The Fergus Automation Product may contain bugs, errors, or unfinished functionality
- Automated workflows within the Fergus Automation Product may produce unexpected, incorrect, or incomplete results
- Features of the Fergus Automation Product may behave differently than described or documented
- The Fergus Automation Product may be temporarily unavailable during maintenance, updates, or incident response
- The scope, behaviour, and feature set of the Fergus Automation Product may change materially during the beta period as we improve and iterate
- The Fergus Automation Product's integration with the Fergus API may occasionally fail, time out, or return errors that require manual intervention
No guarantee of uptime or accuracy
During the beta period we do not guarantee any specific level of uptime, accuracy, or performance for the Fergus Automation Product. The product is provided on a best-efforts basis. Outages, incorrect automation outputs, or periods of degraded performance do not constitute a breach of contract and do not entitle you to a refund of fees paid.
Our commitment to fixing issues
While we cannot guarantee the Fergus Automation Product will work perfectly at all times, we are committed to resolving issues as they arise. Specifically, we commit to:
- Investigating all reported issues with the Fergus Automation Product promptly and in good faith
- Communicating with you openly about the cause of any problem and the expected timeline for resolution
- Deploying fixes for confirmed bugs within a reasonable timeframe, taking into account the complexity of the issue
- Notifying you proactively of any known issues that may affect your account before or as soon as we become aware of them
- Prioritising fixes that affect live business operations or involve data integrity risks
To report an issue with the Fergus Automation Product, contact us at info@unbox.co.nz. We aim to acknowledge all reported issues within 1 business day.
Beta pricing reflects beta status
The trial and monthly pricing offered during the beta period is discounted to reflect the early-access nature of the Fergus Automation Product. In accepting this pricing, you acknowledge the limitations described in this section and agree that reduced pricing is the appropriate remedy for beta-stage limitations — not refunds or claims for consequential loss.
End of beta
We will notify you when the Fergus Automation Product exits beta status. Pricing and terms may be updated at that point with reasonable notice. You will always have the option to cancel before any new terms take effect.
Trial Period & Pricing
A 7-day trial is available for NZD $50 (GST inclusive). This is a one-off, non-refundable payment that grants access to the service for the trial period.
At the conclusion of the trial, continuation of the service is available at NZD $500 per month, invoiced monthly. No ongoing charges will be made without your explicit confirmation to proceed.
Monthly invoices are due within 14 days of issue. We reserve the right to suspend access to the service if payment is not received within this period.
API & Account Access
To deliver the service, we require access to your Fergus account via its API. By engaging our services you authorise Unbox Digital Limited to access, read, and interact with your Fergus account data solely for the purpose of delivering the agreed automation services.
You are responsible for ensuring the access credentials and permissions you provide are appropriate for your business. You may revoke access at any time by contacting us, which will result in termination of the service.
Third Party Platforms
Our service is built on top of third-party platforms, primarily Fergus and its API. We have no control over the availability, continuity, pricing, or future existence of these platforms. Specifically:
- If Fergus discontinues, limits, or materially changes its API in a way that prevents us from delivering the service, we are not liable for any resulting disruption, data loss, or business impact
- If Fergus is acquired, shut down, or restricts third-party API access, we are not obligated to provide a replacement or alternative service
- Any outages, bugs, errors, or data issues originating from Fergus or its infrastructure are outside our control and we accept no liability for them
- In the event the Fergus API becomes permanently unavailable, your payment obligations cease from that date forward, but no refund of prior fees is owed
We will make reasonable efforts to notify you of any known disruptions to third-party platforms that affect the service.
Client Responsibility & Misuse
The automation agent operates on your Fergus account based on the permissions and instructions you provide. You acknowledge and accept that:
- Automation tools can perform bulk actions including creating, editing, or deleting jobs, quotes, invoices, and calendar entries — and that such actions may be difficult or impossible to reverse
- You are responsible for any actions taken by the automation that result from incorrect configuration, instructions, or settings provided by you or your staff
- Any data loss, deletion, or corruption resulting from misuse, misconfiguration, or unintended use of the automation is your responsibility
- You are responsible for ensuring that any staff or contractors with access to the automation tool use it appropriately
- Granting excessive permissions beyond what is required to operate the service is done at your own risk
Data Handling & Privacy
What we access
To deliver the service, we access data from your Fergus account via the Fergus API. This may include job details, client contact information, quotes, invoices, calendar entries, and other business records stored within your Fergus account.
How we use it
Your data is used exclusively to deliver the automation service you have engaged us for. We do not analyse, sell, share, or use your business data for any purpose outside of this scope.
AI processing
Our service uses large language models (LLMs) to process and act on your Fergus data. By using the service you acknowledge that relevant data may be passed to AI model providers as part of normal operation. We take reasonable steps to minimise the data exposed and only pass what is necessary to complete each task.
Storage
We do not permanently store your Fergus data beyond what is operationally required to run automations. Any data held temporarily during processing is handled securely and is not retained longer than necessary.
Your obligations
You are responsible for ensuring you have the legal right to share any data with us that originates from your clients or staff. If your Fergus account contains personal information about third parties, you confirm that sharing this data with us is consistent with your obligations under the New Zealand Privacy Act 2020.
Breach notification
In the event of a data breach that affects your information, we will notify you as soon as practicable and take reasonable steps to contain and remediate the issue in accordance with the Privacy Act 2020.
For privacy enquiries, contact us at info@unbox.co.nz. We will respond within 5 business days.
Data Loss & Data Integrity
No liability for data loss
Unbox Digital Limited accepts no liability whatsoever for the loss, corruption, deletion, degradation, or unavailability of any data, whether stored in Fergus or any connected platform, arising from or in connection with the use of our service. This includes but is not limited to:
- Data deleted or modified by automated actions performed by the service, whether intended or unintended
- Data loss resulting from third-party platform outages, API failures, or infrastructure issues beyond our control
- Data loss caused by incorrect configuration, instructions, or permissions provided by you or your staff
- Data loss or corruption arising from software bugs, unexpected AI model behaviour, or errors in automated workflows
- Data loss resulting from account access being revoked, suspended, or altered while automations are in progress
- Incidental, cascading, or consequential data loss triggered by any of the above circumstances
Automated actions may be irreversible
You acknowledge that automated operations — including bulk job updates, invoice actions, quote modifications, and calendar changes — may be executed at scale and may be difficult or impossible to reverse once completed. Unbox Digital Limited accepts no responsibility for the consequences of any irreversible automated action, regardless of the cause or circumstances.
We are not a data backup or storage provider
Our service is an automation layer, not a data storage, backup, or recovery service. We do not warrant that any data processed through our service will be preserved, retrievable, or free from error. You must not rely on us as a means of data retention or recovery under any circumstances.
Your obligation to maintain backups
It is your sole responsibility to maintain adequate, current, and independent backups of all critical business data, including all data held within Fergus. We strongly recommend exporting and backing up your Fergus data on a regular basis, independently of any automation we operate on your behalf. Failure to maintain backups does not give rise to any claim against Unbox Digital Limited.
Acknowledgement
By proceeding with the trial or ongoing service, you confirm that you have read and understood this section in full, that you accept the inherent data risks associated with automation tools operating on live business data, and that you have made or will make appropriate independent backup arrangements prior to activating the service.
Liability
To the maximum extent permitted by law:
- Our total liability to you is capped at the fees you have paid us in the 30 days prior to the claim arising
- We are not liable for any indirect, consequential, or business loss including but not limited to lost revenue, missed jobs, reputational damage, or data loss
- The service is provided "as is" — we do not guarantee uninterrupted, error-free, or continuous operation
- We are not liable for losses arising from third-party platform failures, API changes, or events outside our reasonable control
Cancellation
You may cancel the service at any time by contacting us at info@unbox.co.nz. No further invoices will be issued after cancellation is confirmed in writing. The $50 trial fee is non-refundable under any circumstances.
We reserve the right to suspend or terminate the service with reasonable notice if payment obligations are not met, or immediately if there is evidence of misuse or breach of these terms.
Confidentiality
Both parties agree to keep confidential any information shared in the course of the engagement that is not publicly available. We will not disclose your business data or operational details to third parties except where required by law or necessary to deliver the service.
Governing Law
These terms are governed by the laws of New Zealand. Any disputes arising from or in connection with these terms will be subject to the exclusive jurisdiction of the courts of Wellington, New Zealand.
Governed by NZ law
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