Terms and Conditions

Welcome to Smartfile® ("Smartfile"), a registered trademark of DataMetrics Applications ("DataMetrics Applications", "we", "us", "our"). These Terms and Conditions ("Terms") govern your access to and use of the Smartfile website, web application, and any related products or services provided under the Smartfile brand.

Website Terms and Conditions

By accessing or using the Smartfile public website (the “Website”), you agree to be bound by these terms.

Smartfile translates complex legal language into plain English, so you can quickly understand what matters most. Get a clear view of each property’s history and current status, all in one place.

Informational Purpose Only
1. The Website is provided for general informational purposes only.
2. Content on the Website is intended to describe Smartfile and its services and does not constitute professional, legal, financial, building, or other advice.
No Reliance or Warranties
1. While we take reasonable care to ensure Website content is accurate and up to date, we do not warrant that the information on the Website is complete, current, or error-free.
2. You must not rely on Website content when making decisions. Any reliance is at your own risk.
Availability of the Website
1. We may modify, suspend, or discontinue any part of the Website at any time without notice.
2. We do not guarantee uninterrupted or error-free access to the Website.
Intellectual Property
1. All intellectual property rights on the Website and its content (including text, graphics, branding, logos, and design) are owned by or licensed to DataMetrics Applications.
2. You may view and download Website content for your personal, non-commercial use only.
3. You must not copy, reproduce, distribute, modify, or exploit Website content without our prior written consent.
Acceptable Use‍
1. You must not:
  - Use the Website in a way that breaches any law or regulation;
  - Interfere with or disrupt the operation of the Website;
  - Attempt to gain unauthorised access to the Website or related systems;
  - Use automated tools (including scraping, bots, or crawlers) to extract Website content without permission.
Third-Party Links
1. The Website may contain links to third-party websites.
2. We are not responsible for the content, availability, or privacy practices of those third-party sites.
3. Accessing third-party websites is at your own risk.
Limitation of Liability
1. To the maximum extent permitted by law, DataMetrics Applications will not be liable for any loss or damage arising from or in connection with your use of, or inability to use, the Website.
Privacy
1. Our collection and use of personal information in connection with the Website is governed by the Smartfile Privacy Policy.
Governing Law
1. These Website Terms are governed by the laws of New Zealand,
2. Any disputes will be subject to the non-exclusive jurisdiction of the New Zealand courts.

Web Application Terms and Conditions

By creating an account or otherwise accessing or using the Smartfile web application (the “Platform”), you agree to be legally bound by these Terms.

Eligibility and Use
1. You must be at least 18 years of age to use the Platform.
2. You must provide accurate, current, and complete information when creating an account and keep that information up to date.
3. You may use the Platform solely for lawful purposes related to property research, analysis, and due diligence.
Accounts and Security
1. An account is required to access the features of the Platform.
2. You are responsible for maintaining the confidentiality and security of your login credentials and for all activities carried out under your account.
3. You must not share your account credentials with any other person, business, or organisation.
4. We may monitor account usage for the purpose of maintaining platform integrity and may suspend, restrict, or investigate accounts where we reasonably believe that account sharing, misuse, or abnormal usage inconsistent with individual use is occurring.
5. You must not impersonate any person or create false, misleading, or duplicate accounts.
Uploading Files
1. You may upload files to the Platform only where you have sourced those files yourself and have the legal right to use them for analysis.
2. You must ensure that uploading and using any file does not breach any law, copyright, confidentiality obligation, or privacy right.
3. Files may include property-related due diligence documents such as titles, LIMs, LURs, building reports, insurance or claims documents, and similar materials.
4. You must not upload files containing personal information unless such inclusion is lawful and reasonably necessary for property-related analysis.
5. We may remove, disable access to, or refuse to process any content that breaches these Terms or applicable law.
Platform Limits and System Rules
1. Use of the Platform is subject to system limits and technical constraints, which may be amended from time to time.
2. At the time of publication of these Terms, the following limits apply:
  - (a) Files must be in PDF format to be eligible for analysis;
  - (b) Each individual file must not exceed 50MB;
  - (c) Each individual file must not exceed 300 pages;
  - (d) A maximum of 50 files may be uploaded to a single Property Card;
  - (e) Users may create up to 25 Property Cards free of charge;
  - (f) File uploads are free of charge;
  - (g) New files may be added and analysed at any time;
  - (h) Reports may only be generated once per Property Card; and
  - (i) Analysis credits expire if unused and are non-refundable.
Reports and Permitted Use
1. Reports and AI-generated outputs are provided solely to assist you in understanding and reviewing property-related documents more efficiently. They are not intended to be relied upon for decision-making and must not be used as a substitute for independent legal, financial, building, or other professional advice.
2. Reports must not be published, distributed, sublicensed, sold, or used for marketing, promotional, or commercial purposes.
3. Reports do not replace the original source documents or independent professional advice.
Pricing, Payments, Credits, and Free Trials
1. Certain features of the Platform require payment, processed via a third-party payment provider.
2. We offer different pricing structures, which may include pay-as-you-go purchases and recurring subscription plans.
3. Free Trial Credit. New account holders may, at our discretion, be provided with a free trial credit that allows the generation of a Smartfile Insights report for one Property Card. Free trial credits:
  - (a) are intended for genuine introductory use and may be limited, withheld, or revoked where we reasonably believe multiple accounts or other methods are being used to obtain free trials in a manner that is abusive or inconsistent with ordinary personal use;
  - (b) have no cash value and are not transferable;
  - (c) may not be combined with other offers unless expressly stated; and
  - (d) may be withdrawn, varied, or discontinued at any time.
4. Pay-as-you-go purchases allow you to acquire analysis credits that may be used to access Smartfile Insights (Analysis, reports and AI Q&A functionality). Unless otherwise stated at the time of purchase, pay-as-you-go credits expire 90 days after the date of purchase and are not refundable.
5. Subscription plans provide a monthly allowance to analyse a specified number of Property Cards during the applicable billing period. Subscription allowances do not roll over and expire at the end of each paid billing period.
6. Prices, plans, credit allowances, trial entitlements, and expiry periods may be varied by us from time to time. Any changes will apply prospectively and, where required by law, with reasonable notice.
7. We may, at our discretion, issue account credits where there has been a material platform error or service failure.
8. Inaccuracies or limitations inherent in AI-generated outputs do not, of themselves, entitle you to credits, refunds, or extensions of expiry periods.
Acceptable Use
1. You must not:
  - (a) Upload unlawful, misleading, infringing, or malicious content;
  - (b) Attempt to gain unauthorised access to the Platform or related systems;
  - (c) Interfere with or disrupt the operation of the Platform; or
  - (d) Reverse engineer, copy, or attempt to extract the underlying models, logic, or functionality of the Platform or its analysis tools.
Intellectual Property
1. All intellectual property rights in the Platform, including software, branding, reports, and analysis tools, are owned by or licensed to DataMetrics Applications.
2. You retain ownership of files you upload.
3. By uploading files, you grant DataMetrics Applications a non-exclusive, royalty-free licence to host, process, analyse, and display those files solely for the purpose of providing the Platform services to you.
Feedback and Testimonials
1. If you submit feedback, comments, reviews, or suggestions about Smartfile (including via the Platform, email, surveys, or support channels), you acknowledge that such feedback is provided voluntarily and is not confidential.
2. You grant DataMetrics Applications a non-exclusive, royalty-free, perpetual licence to use, reproduce, adapt, publish and display such feedback for product improvement, marketing, or promotional purposes.
3. Where feedback identifies you or could reasonably identify you, we will not publish it as a testimonial without your consent, which may be obtained through the Platform or by other reasonable means.
Disclaimers, No Reliance and Limitation of Liability
1. Information Assistance Only. Smartfile is an information assistance and document analysis tool only. The Platform is designed to help users read, organise and understand property-related documents more efficiently. Smartfile does not provide legal, financial, building, engineering, valuation, real estate or other professional advice, and must not be used as a substitute for independent professional advice or formal due diligence.
2. Not a decision-making tool. You acknowledge and agree that Smartfile is not intended to be, and must not be relied upon as, a decision-making tool. Any decisions relating to the purchase, sale, financing, insurance, development or ownership of property are made solely at your own risk. Smartfile does not replace independent legal, financial, building or other professional advice.
3. AI-Based Outputs and Limitations. The Platform includes AI-based tools that analyse and summarise uploaded documents. You acknowledge and agree that: AI-generated outputs may contain errors, omissions, simplifications or misinterpretations; AI outputs are generated automatically and are not reviewed or verified by Smartfile; and AI outputs do not replace careful review of the original documents.
4. Scope of Analysis and User Responsibility. Smartfile can only analyse the documents and information uploaded by the user. Smartfile: cannot identify documents that have not been uploaded; cannot determine whether the uploaded documents are complete, sufficient, current or appropriate for any particular purpose; and cannot assess whether additional searches, reports or disclosures are required. You accept full responsibility for ensuring that you have obtained and reviewed all information necessary for your circumstances.
5. Third-Party Documents. Smartfile does not verify, audit, validate or endorse any third-party documents uploaded to the Platform. We make no representations or warranties regarding the accuracy, completeness, legality, currency or reliability of any uploaded content.
6. Availability and Service Interruptions. The Platform is provided on an “as is” and “as available” basis. From time to time, the Platform may be unavailable, interrupted, delayed or degraded due to maintenance, system outages, third-party failures or events beyond our reasonable control. We do not guarantee uninterrupted or error-free access.
7. Limitation of Liability. To the maximum extent permitted by law, DataMetrics Applications, its directors, employees and contractors exclude all liability for any loss, damage or expense (including indirect, consequential or economic loss) arising out of or in connection with: use of or reliance on the Platform or any AI-generated output; decisions made based on information obtained through the Platform; incomplete, inaccurate or misleading uploaded documents; or any interruption, delay or unavailability of the Platform.
Consumer Guarantees and Liability
1. Nothing in these Terms limits or excludes any rights you may have under the Consumer Guarantees Act 1993 or any other applicable law that cannot be excluded.
2. To the extent permitted by law, and subject to clause 10.1, the Platform is provided on an "as is" and "as available" basis and we exclude all other warranties.
3. To the maximum extent permitted by law, DataMetrics Applications will not be liable for any indirect, consequential, or special loss arising out of your use of the Platform.
4. Our total aggregate liability to you, whether in contract, tort, or otherwise, will not exceed the total amount paid by you to DataMetrics Applications in the 12 months preceding the event giving rise to the claim.
Suspension and Termination
1. We may suspend, restrict, or terminate your access to the Platform immediately where you breach these Terms, misuse the Platform, engage in account sharing or abusive behaviour (including conduct described in sections 2 and 6), or use the Platform in a manner that exposes us to legal, regulatory, or commercial risk.
Service Availability and Changes to the Platform
1. We do not guarantee that the Platform will be available at all times or without interruption.
2. From time to time, the Platform may be unavailable due to scheduled maintenance, system upgrades, outages, or events beyond our reasonable control.
3. We will use reasonable efforts to minimise disruption and restore availability as soon as practicable, but we are not liable for any unavailability, delay, or interruption of the Platform, subject to applicable law.
4. We may modify, suspend, or discontinue any part of the Platform at any time, including features, access levels, usage limits, or pricing structures.
5. Any such changes will apply prospectively and will not affect accrued rights unless required by law.
Governing Law and International Use
1. These Terms are governed by the laws of New Zealand.
2. You agree that any dispute, claim, or proceeding arising out of or in connection with the Platform or these Terms will be subject to the non-exclusive jurisdiction of the New Zealand courts.
3. The Platform is operated from New Zealand. Users accessing the Platform from outside New Zealand do so on their own initiative and are responsible for complying with all local laws.
4. To the maximum extent permitted by law, you agree not to bring any claim or proceeding against DataMetrics Applications in any jurisdiction other than New Zealand.
Contact Details
If you have any questions about these Terms, you may contact us at:
Email: hello@smartfile.co.nz Address: Level 1, 822 Colombo Street, Christchurch 8013

By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.