Terms of Service

Last updated: 2025-05-16

These Terms of Service (“Terms”) constitute a legally binding agreement between you and SAAS First Limited (NZBN 9429052764448) of 1 Koru Lane, Leamington, Cambridge 3432, New Zealand (“SAAS First”, “we”, “our”, “us”) governing your access to and use of the SAAS First platform, websites and related application-programming interfaces (collectively, the “Service”). By accessing, browsing, registering an account, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Service.

DEFINITIONS

  • “Account” means the registered profile enabling a Customer and its Users to access the Service.
  • “API” means any application-programming interface, webhook or similar endpoint made available by SAAS First.
  • “Customer” (“you”, “your”) means (i) the business or other legal entity that registers for the Service, (ii) its authorised Users, and (iii) any person or entity acting on its behalf.
  • “Customer Data” means all data, content, files, personal information, or material submitted to, stored on, or processed via the Service by or on behalf of a Customer.
  • “Documentation” means any user manuals, specifications, or online guides provided by SAAS First.
  • “Feedback” has the meaning given in section 9.5.
  • “Module” means an individual functional component (e.g., Inbox, Marketing, Boards, Analytics, AI Chatbot) that may be separately enabled or disabled.
  • “Site” or “Website” means https://saasfirst.com and all of its sub-domains.
  • “Sub-processor” means any third party authorised to process personal information for or on behalf of SAAS First in connection with the Service.
  • “User” means any natural person who accesses or uses the Service under your Account (including your employees, contractors and agents).
  • “Visitor” means any person accessing the Site who is not yet authenticated as a User.
  • Words such as “including”, “for example” and similar expressions are illustrative and do not limit the sense of the words preceding them.

WHO MAY USE THE SERVICE

Legal Capacity.

The Service is available only to businesses and natural persons who can form legally binding contracts under applicable law and, in all cases, are at least 18 years of age. By using the Service you represent and warrant that you satisfy these requirements.

Lawful & Legitimate Use.

You must access and use the Service only (a) for lawful purposes, (b) in accordance with these Terms and all applicable laws, and (c) without infringing the rights of, or restricting or inhibiting the use and enjoyment of the Service by, any other person. You must not upload, post or link to any material that is false, fraudulent, defamatory, obscene, offensive, abusive, or that infringes any third-party intellectual-property or privacy rights.

Advertising by Provider.

In consideration for SAAS First granting you access to and use of the Service, you agree that SAAS First and its affiliates may display advertising on the Website or in connection with the display of content or information from the Service (whether submitted by you or others). Such advertising will not disclose Customer Data except as permitted by section 9.

ACCOUNT REGISTRATION & YOUR RESPONSIBILITIES

Accurate Information

You must provide true, complete and up-to-date contact and billing details and keep them current. You must promptly update any information that changes.

Credential Security

You are responsible for all activity under your Account. Keep login credentials confidential and notify us immediately of any unauthorised access.

Compliance with Data-Protection Laws

Where you upload or process personal data (including email lists) you act as a data “controller” and warrant that you have a lawful basis (e.g., consent or other valid legal ground) and will comply with all applicable privacy, data-protection and electronic-communications laws (including the NZ Privacy Act 2020, EU GDPR, ePrivacy/PECR, UEM Act 2007 and CAN-SPAM, as applicable).

Permitted Contacts

You may import or use email addresses in the Service only for recipients who have given you permission that has not been withdrawn, unless you can rely on another lawful basis. You remain solely responsible for the legality of all Customer Data.

Security Commitment.

We maintain an ISO-aligned information-security programme that includes multi-factor authentication, role-based access, annual penetration testing, automated vulnerability scanning, employee security training and documented incident-response procedures. Any roadmap items not yet completed will be finalised by 31st August 2025.

SERVICE DESCRIPTION

SAAS First is a cloud-based, multi-module platform offering customer communication, CRM, analytics, marketing automation, collaborative boards, subscription management, AI tools and related features as set out in the Documentation. You choose which Modules to activate.

MODULES, FEATURES & THIRD-PARTY INTEGRATIONS

Optional Integration

Certain features rely on third-party services or APIs. Use of those services is subject to their separate terms, and SAAS First is not liable for third-party content, privacy or security practices.

AI Modules

AI processing (e.g., chatbot, AI query builder) is optional and configurable. When the AI Module is disabled no Customer Data is transmitted to AI providers.

FEES, SUBSCRIPTION & BILLING

Pricing & Notice

Prices are published at https://saasfirst.com/prices. We will provide at least 30 days’ written notice of any fee change and you may cancel before the change takes effect.

Taxes

Fees are exclusive of GST or other sales taxes, which will be charged as required.

Payment Processing

Payments are processed via Stripe or another listed provider; SAAS First does not store full payment-card numbers.

Auto-Renewal & Cancellation

Subscriptions renew automatically unless cancelled in the Service before the end of the current billing period.

Business Purposes

You confirm that you acquire the Service for business purposes and that the guarantees under the Consumer Guarantees Act 1993 do not apply (s 43(2)).

PROHIBITED PRACTICES

You must not:

  • use the Service in a manner that violates any law, regulation, third-party right or these Terms;
  • upload or transmit viruses, worms, time-bombs or other harmful code;
  • attempt to gain unauthorised access to any systems or networks;
  • use robots, spiders or other automated means to monitor, scrape or copy the Site or Service without prior written consent;
  • interfere with or disrupt the Service’s integrity or performance;
  • impose an unreasonable load on our infrastructure;
  • upload or process any special-category or otherwise sensitive personal data unless you have obtained all legally required consents and safeguards.

CONTENT & INTELLECTUAL PROPERTY

Our IP

We and our licensors exclusively own all rights, title and interest in and to the Service, Site, software, designs, logos and other materials, including all intellectual-property rights and derivative works. Except as expressly stated, no licence is granted.

Licence to Us

You grant SAAS First a non-exclusive, worldwide licence to host, copy, process, transmit and display Customer Data to provide, secure and improve the Service.

Your Content Obligations

You warrant that Customer Data:

  • does not infringe any intellectual-property or privacy right;
  • does not contain unlawful, defamatory, harassing, obscene or otherwise objectionable material;
  • does not contain sensitive personal data unless lawfully processed; and
  • complies with these Terms, the Privacy Policy and any applicable DPA.

Monitoring

We have the right, but not the obligation, to monitor Customer Data to comply with legal obligations. We are not liable for any loss or destruction of Customer Data; you are responsible for maintaining appropriate backups.

Feedback

“Feedback” means suggestions, comments or other input you provide about the Service. You grant SAAS First a perpetual, irrevocable, royalty-free right to use Feedback for any purpose without restriction.

Third-Party Links & Ads

The Site may contain advertising or links to third-party sites. SAAS First is not responsible for third-party content, terms or privacy practices.

MARKETING & ELECTRONIC COMMUNICATIONS

If you use marketing, campaign or messaging Modules you must:

  • obtain and record valid consent (or rely on another lawful basis) under the UEM Act 2007 and comparable laws;
  • include accurate sender identification and a functional unsubscribe link;
  • promptly honour opt-out requests;
  • not use purchased or scraped lists; and
  • indemnify SAAS First against any claim arising from your electronic communications.

SERVICE LEVELS, SECURITY & INCIDENT RESPONSE

Uptime Target

SAAS First targets 99.5 % monthly uptime. Scheduled maintenance and force-majeure events are excluded. If uptime falls below target your sole remedy is a pro-rata service credit.

Security Safeguards

We implement reasonable technical and organisational measures including encryption in transit, role-based access, regular backups and vulnerability management.

Data Breach Notification

If we become aware of a notifiable privacy breach (as defined in the NZ Privacy Act 2020) we will, without undue delay and within 72 hours where practicable, notify you and the Office of the Privacy Commissioner, describing the breach, likely consequences and remedial actions.

SUB-PROCESSORS & INTERNATIONAL TRANSFERS

Authorised Sub-Processors

A current list of Sub-processors is available at https://policies.saasfirst.com/annex-2. We will provide 30 days’ advance notice of any addition or replacement. You may object on reasonable privacy grounds; if unresolved, you may terminate the affected Module without penalty.

Comparable Safeguards

We will ensure that each overseas Sub-processor provides safeguards comparable to those required by the NZ Privacy Act 2020 (IPP 12), including written agreements with audit rights and onward-transfer restrictions.

Data Processing Addendum

Our standard DPA is available on request and forms part of these Terms when executed by the parties.

TERMINATION, SUSPENSION & DELETION

By You

You may cancel a subscription or delete your Account at any time via the Service.

By Us

We may suspend or terminate your access (in whole or part) immediately, with or without notice, if you breach these Terms, violate applicable law, or use the Service in a manner we reasonably deem objectionable or harmful.

Effect of Termination

Upon termination (a) your right to use the Service ceases; (b) we will delete or anonymise remaining Customer Data within 30 days, except backups (deleted within 5 days) and data retained to comply with law or legitimate record-keeping; (c) one free export of Customer Data is available within 15 days of termination.

Inactive Accounts

Accounts showing no activity for 12 months may be deemed inactive and deleted with associated data permanently erased.

Credits & Refunds

Unused credits may be forfeited upon suspension or deletion. Except as expressly stated, fees are non-refundable.

DISCLAIMERS & LIMITATION OF LIABILITY

“As-Is” Basis

The Service is provided “as is” and “as available”. To the maximum extent permitted by law, SAAS First disclaims all warranties (express, implied or statutory), including merchantability, fitness for a particular purpose and non-infringement.

No Guarantee

We do not warrant that the Service will meet your requirements, be error-free, uninterrupted, secure or that defects will be corrected. You use the Service at your own risk.

Limitation

To the maximum extent permitted by law, SAAS First’s total aggregate liability for all claims in any 3-month period is limited to the lesser of (i) the fees paid by you to SAAS First in that period or (ii) NZ $10,000. 

INDEMNITY

You will indemnify and hold harmless SAAS First and its affiliates from and against any claim, loss, damage, liability, cost or expense (including legal fees) arising out of or relating to: (a) your use of the Service; (b) Customer Data; (c) your breach of these Terms or applicable law; or (d) your use of robots, spiders or similar tools that impose an unreasonable burden on our infrastructure.

AMENDMENTS

We may revise these Terms by posting a new version at https://policies.saasfirst.com/terms-of-service at least 30 days before changes take effect. Continued use after the effective date constitutes acceptance. If you disagree, you may terminate the Service before the change takes effect.

GOVERNING LAW & DISPUTE RESOLUTION

These Terms are governed by the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the New Zealand courts. Before commencing litigation the parties will attempt good-faith mediation via the Resolution Institute of NZ.

GENERAL

Entire Agreement

These Terms, any executed DPA and Order Form constitute the entire agreement and supersede all prior understandings.

Severability

If any provision is invalid or unenforceable it shall be severed without affecting the remaining provisions.

Assignment

You may not assign these Terms without SAAS First’s prior written consent. SAAS First may assign in connection with a merger, acquisition or sale of assets.

Force Majeure

Neither party is liable for failure to perform due to causes beyond reasonable control (e.g., natural disaster, war, epidemic, internet outage, sub-processor outage). The affected party will notify the other and resume performance promptly.

Language

Any legal or contractual relationship between the parties will be concluded in English.

Notices

Notices must be in writing and sent to SAAS First Limited 1 Koru Lane, Leamington, Cambridge 3432, New Zealand and at the same time emailed to [email protected].

CONTACT DETAILS

SAAS First Limited

1 Koru Lane, Leamington, Cambridge 3432, New Zealand