Terms and Conditions

These terms and conditions ("Terms") are an agreement between you and Loopa Technologies NZ Limited ("Loopa", "we", "us") for the use of Loopa Pulse. Please read them carefully, in particular sections 6 to 10 and 15 to 17, which explain your responsibility for what is published, including through Auto-Posting, and limit our liability.

1. Accepting these Terms

1.1 By registering for, accepting an invitation to, or using Loopa Pulse, you agree to these Terms and to our Privacy Policy.

1.2 If you use Loopa Pulse on behalf of a business, such as a real estate office or organisation, you confirm that you have authority to bind that business to these Terms, and "you" includes that business.

1.3 Loopa Pulse is provided only for business purposes. By using it you confirm that you are acquiring the Service in trade and for the purposes of a business.

2. Definitions

"Service" means the Loopa Pulse web application and any related features, content suggestions, scheduling, publishing, reporting and support we provide.

"Connected Account" means a Facebook Page, Instagram account, LinkedIn profile or Company Page, or other third-party account that you connect to the Service.

"Third-Party Platform" means any service we do not own or control that the Service connects to, including Meta (Facebook and Instagram), LinkedIn, Google and Stripe.

"Suggested Content" means any text, image or other content generated, rewritten, summarised or suggested by the Service, including by artificial intelligence, from news articles, listings, websites or other sources.

"Your Content" means any content you or your users create, upload, edit, approve, schedule or publish using the Service, including Suggested Content once you have approved or scheduled it, and any post published through Auto-Posting.

"Auto-Posting" means the optional feature described in section 9 that automatically creates and publishes posts about your listings to your Connected Accounts without each post being reviewed first.

"Users" means you and any person you or your organisation invite to or allow to use the Service under your account.

3. The Service

3.1 Loopa Pulse helps real estate businesses find property news and listing content, prepare social media posts, and schedule and publish them to Connected Accounts.

3.2 We may change, add or remove features of the Service from time to time. We will try to give you reasonable notice of any change that materially reduces the Service.

3.3 We aim to keep the Service available and working, but we do not guarantee that it will be uninterrupted, error free, or available at any particular time. The Service may be unavailable because of maintenance, updates, faults, or matters outside our control.

4. Accounts and security

4.1 You must give us accurate account information and keep it up to date.

4.2 You are responsible for keeping your login details and verification codes secure, and for all activity under your account and by your Users. Tell us promptly at support@loopa.co.nz if you believe your account has been accessed without permission.

4.3 You are responsible for choosing who you invite to your account, the roles you give them, and removing access for people who should no longer have it.

5. Subscriptions and payment

5.1 Fees for the Service are as shown for your plan in the Service when you subscribe. Unless stated otherwise, fees are in New Zealand dollars and exclude GST, which will be added where applicable.

5.2 Subscriptions are billed in advance through our payment provider, Stripe, and renew automatically at the end of each billing period until cancelled.

5.3 You can cancel at any time through the Service. Cancellation takes effect at the end of your current billing period, and you keep access until then. Except where required by law, fees already paid are not refundable, including for partial periods or unused features.

5.4 We may change our fees by giving you at least 30 days' notice. The new fees apply from your next billing period after the notice period ends.

5.5 If a payment fails or is overdue, we may suspend or limit your access to the Service until it is paid.

6. Your responsibility for published content

6.1 You are the publisher of all Your Content. The Service is a tool that helps you prepare and publish posts; it does not decide what is published on your behalf.

6.2 You are solely responsible for reviewing, checking and approving all content before it is scheduled or published, including Suggested Content. By approving, scheduling or publishing content you confirm that you have checked it and accept responsibility for it. If you turn on Auto-Posting, you accept responsibility for posts published through it without reviewing them first, as set out in section 9.

6.3 You must make sure that Your Content, and its publication:

• is accurate, up to date and not misleading or deceptive, including property details, prices, sale status, and claims about you, your business or others;
• complies with all applicable laws, codes and rules, including the Fair Trading Act 1986, the Real Estate Agents Act 2008 and the rules and guidance of the Real Estate Authority, privacy law, and advertising standards;
• does not infringe anyone's copyright, trade marks, privacy or other rights, and that you have all permissions needed to use it, including any photos, logos, testimonials, and names or images of people; and
• complies with the terms and policies of the Third-Party Platforms you publish to.

6.4 You can edit or delete a post before it is published. Once a post is published to a Third-Party Platform, removing or changing it is your responsibility and is subject to that platform's own tools and rules.

7. Suggested Content and third-party information

7.1 Suggested Content is produced automatically, including with artificial intelligence, from sources such as news websites, your own website and listings, and other third-party information. It may be inaccurate, incomplete, out of date, or unsuitable for your purposes, and similar content may be suggested to other users.

7.2 We do not check, verify or endorse Suggested Content or the information it is based on, and we do not guarantee its accuracy, completeness, originality, or suitability. It is provided only as a starting point for you to review and edit.

7.3 News articles and other third-party information remain the property of their owners. Links to, or summaries of, third-party content do not mean we endorse it.

7.4 Nothing in the Service is legal, financial, property or other professional advice.

8. Scheduling and publishing

8.1 We will use reasonable efforts to publish scheduled posts at or around the scheduled time. However, we do not guarantee that any post will be published at a particular time, in a particular form, or at all.

8.2 Publishing can be delayed, changed or prevented by things including Third-Party Platform outages, rate limits, rules or changes; expired, revoked or insufficient permissions on a Connected Account; incomplete verification; content being rejected by a platform; internet or hosting problems; and maintenance of the Service.

8.3 You are responsible for checking that your posts have been published as intended, and for not relying on the Service for time-critical announcements. The Service shows the status of your posts, and we will try to tell you where a post fails.

9. Auto-Posting

9.1 Auto-Posting is optional and is turned off unless you turn it on. It can only be turned on by an authorised User of your account, who must expressly agree to this section when doing so. You can turn it off at any time, and it stops for posts not yet published.

9.2 When Auto-Posting is on, the Service automatically creates posts about your listings from your website, listing sources and other information available to it, using automated processes including artificial intelligence, and publishes them to the Connected Accounts you choose without you or anyone else reviewing each post first.

9.3 By turning on Auto-Posting, you acknowledge that you understand and accept the risks of publishing without review. These include posts that are malformed, incomplete, inaccurate, misleading or out of date (for example, the wrong price, sale status, address, description or photos); posts about listings that are withdrawn, sold, or should not be advertised; duplicate posts; posts published at unexpected times; and posts that do not meet the law, industry rules or a Third-Party Platform's policies.

9.4 Every post published through Auto-Posting is Your Content, and section 6 applies to it as if you had reviewed and approved it yourself. You remain responsible for making sure your listing information is accurate and up to date, for monitoring what is published, and for promptly correcting or removing any post that is wrong.

9.5 To the maximum extent permitted by law, we accept no responsibility or liability for any post published through Auto-Posting, including any loss, damage, cost, claim or complaint arising from a malformed, incorrect, misleading, incomplete, duplicated, late or unintended post. Sections 16 and 17 apply to Auto-Posting.

9.6 We may pause or turn off Auto-Posting for your account at any time, for example if we detect a problem with your listing information or posts, or if a Third-Party Platform requires it.

9.7 We keep a record of when Auto-Posting was turned on or off, and by which User.

10. Third-Party Platforms

10.1 The Service relies on Third-Party Platforms that we do not own or control. Your use of each platform is governed by its own terms and policies, and you must comply with them.

10.2 Third-Party Platforms may change, limit, suspend or stop their services, features, or access for the Service, or may take action against your Connected Account, at any time. We are not responsible for Third-Party Platforms, their content, or any action they take, and some features of the Service may stop working as a result.

10.3 By connecting an account, you authorise us to access and act on it as needed to provide the Service, including publishing posts you have approved or scheduled and retrieving performance information. You can disconnect it at any time.

11. Intellectual property

11.1 We, or our licensors, own all intellectual property in the Service, including its software, design and templates. Subject to these Terms and payment of fees, we give you a non-exclusive, non-transferable right to use the Service for your business during your subscription.

11.2 You keep ownership of Your Content. You give us a non-exclusive, worldwide, royalty-free licence to host, copy, process, adapt, display and publish Your Content as needed to provide and improve the Service and as you direct.

11.3 If you give us feedback or suggestions, we may use them without any obligation to you.

12. Acceptable use

You must not, and must make sure your Users do not:

• use the Service to publish content that is unlawful, misleading, defamatory, discriminatory, offensive, or that infringes anyone's rights;
• use the Service to send spam, or in breach of any Third-Party Platform's rules;
• try to gain unauthorised access to the Service, other accounts, or our systems, or interfere with the Service's security or operation;
• copy, resell, sublicense, or reverse engineer the Service, or use it to build a competing product; or
• use automated means to access or extract data from the Service, except through features we provide.

13. Privacy

We handle personal information as described in our Privacy Policy. Where Your Content or your website includes personal information about other people, such as testimonials, you are responsible for having the right to use and publish it.

14. Suspension and termination

14.1 We may suspend or restrict your access to the Service, or stop publishing any content, if we reasonably believe you have breached these Terms, your content may be unlawful or harmful, your account is at risk, or we are required to by law or by a Third-Party Platform.

14.2 We may end these Terms or your access to the Service for any reason by giving you at least 30 days' notice, or immediately if you seriously or repeatedly breach them. If we end them without cause, we will refund any fees paid in advance for the period after termination.

14.3 When your access ends, scheduled posts will not be published, and we may delete your account data as described in our Privacy Policy. Sections 6, 7, 9, 10, 11 and 15 to 19 continue to apply after these Terms end.

15. No warranties

15.1 To the maximum extent permitted by law, the Service, including Suggested Content, is provided "as is" and "as available". We make no promises, warranties or representations about the Service, including that it will meet your requirements, be accurate, be available, or produce any particular result such as reach, engagement, leads or sales.

15.2 Because the Service is provided for business purposes, you agree that:

• the Consumer Guarantees Act 1993 does not apply to the Service; and
• to the extent permitted by section 5C of the Fair Trading Act 1986, sections 9, 12A, 13 and 14(1) of that Act do not apply to the Service or these Terms,

and that it is fair and reasonable for you to be bound by this clause.

16. Limitation of liability

16.1 To the maximum extent permitted by law, we are not liable to you or anyone else, whether in contract, tort (including negligence), under statute or otherwise, for any loss, damage, cost, claim or liability arising from or connected with:

• any content published, scheduled or displayed through the Service, including Your Content and Suggested Content;
• any post published through Auto-Posting;
• any inaccuracy, error, omission, or out-of-date or misleading information in any content, including property details, prices and news;
• any post being published late, early, more than once, in a different form, or not at all;
• any act or omission of a Third-Party Platform, or any suspension, restriction or loss of a Connected Account;
• any unavailability, interruption, error or loss of data in the Service; or
• your or your Users' use of, or inability to use, the Service.

16.2 In any event, we are not liable for any loss of profits, revenue, business, opportunity, goodwill or reputation, loss of or damage to data, or any indirect, consequential or special loss, even if we were told it might happen.

16.3 If, despite the rest of this section, we are found liable to you, our total liability for all claims arising from or connected with the Service or these Terms is limited to the fees you paid us for the Service in the three months before the event that gave rise to the first claim.

16.4 Nothing in these Terms limits any liability that cannot be limited or excluded by law.

17. Indemnity

You indemnify us, and our directors, employees, contractors and related companies, against all loss, damage, costs (including reasonable legal costs), claims and liability arising from or connected with:

• Your Content, or any content published through your account or Connected Accounts, including through Auto-Posting;
• any breach of these Terms by you or your Users;
• any breach of law, or of a Third-Party Platform's terms, by you or your Users; or
• any claim that Your Content infringes someone's rights, is defamatory, or is misleading or deceptive.

18. Changes to these Terms

We may change these Terms from time to time. We will post the updated Terms on this page and change the "Last updated" date. For significant changes, we will give you at least 14 days' notice through the Service or by email. If you keep using the Service after the changes take effect, you accept the updated Terms. If you do not agree, you can cancel your subscription.

19. General

19.1 Events outside our control: we are not liable for any failure or delay caused by events outside our reasonable control, including Third-Party Platform changes or outages, internet or hosting failures, cyber attacks, and natural disasters.

19.2 Entire agreement: these Terms, together with our Privacy Policy and your plan details, are the whole agreement between you and us about the Service.

19.3 Severability: if any part of these Terms is found invalid or unenforceable, it is limited or removed to the minimum extent necessary, and the rest continues to apply.

19.4 No waiver: if we do not enforce a right under these Terms straight away, we can still enforce it later.

19.5 Assignment: you may not transfer your rights under these Terms without our written consent. We may transfer ours to a related company or a buyer of our business.

19.6 Governing law: these Terms are governed by the laws of New Zealand, and you agree to the non-exclusive jurisdiction of the New Zealand courts.

20. Contact

Loopa Technologies NZ Limited
2/21 The Parade, St Heliers, Auckland 1071
NZBN: 9429037548698
support@loopa.co.nz