Terms of Service

1. About These Terms

These Terms of Service (“Terms”) are a legally binding agreement between you (“User”, “you”, or “your”) and Obsidian Ventures Limited, a company incorporated in New Zealand (“Company”, “we”, “us”, or “our”), governing your access to and use of the CareerTrack.io platform and any related services (collectively, the “Service”).

By registering for an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy (incorporated by reference). If you do not agree, you must not use the Service.

These Terms are governed by the laws of New Zealand and are subject to the Contract and Commercial Law Act 2017, the Fair Trading Act 1986, and (where applicable) the Consumer Guarantees Act 1993.

2. Eligibility

You must be at least 16 years old to use the Service. By agreeing to these Terms, you represent and warrant that you meet this requirement. If you are using the Service on behalf of a business or organisation, you represent that you have authority to bind that entity to these Terms.

3. Account Registration

You must create an account to access most features of the Service. When registering, you agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your account information as necessary.
• Keep your password confidential and not share access with others.
• Notify us immediately at support@careertrack.io if you suspect unauthorised access to your account.

You are responsible for all activity that occurs under your account. We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.

4. Subscription Plans and Billing

The Service is offered on a freemium model. Certain features are available only on paid subscription plans (“Pro” or “AI” plans). By subscribing to a paid plan, you agree to the following:

• Subscription fees are charged in advance on a monthly or annual basis as selected at checkout and are inclusive of any applicable New Zealand Goods and Services Tax (GST).
• Payments are processed by Stripe. By providing payment details, you authorise us (via Stripe) to charge your nominated payment method on each billing cycle.
• Subscriptions renew automatically unless you cancel before the renewal date via your account settings.
• We reserve the right to change subscription prices with at least 30 days’ advance notice. Continued use after the effective date constitutes acceptance of the new price.

Refunds: All fees are non-refundable except where required by the Consumer Guarantees Act 1993 (CGA) or the Fair Trading Act 1986. Where the CGA applies to your use of the Service and we fail to carry it out with reasonable care and skill, we will, at our election, re-perform the affected part of the Service or provide a refund for the affected period. To request a remedy contact billing@careertrack.io.

Business-use exclusion: If you are acquiring the Service for the purposes of a business (including a sole trader or company), you acknowledge that you are not a “consumer” within the meaning of the CGA and, to the maximum extent permitted by section 43(2) of the CGA, the guarantees contained in the CGA are excluded and do not apply to the Service supplied to you.

5. Acceptable Use

You agree to use the Service only for lawful purposes. You must not:

• Violate any applicable New Zealand or international law or regulation.
• Impersonate another person or misrepresent your identity.
• Attempt to gain unauthorised access to any part of the Service, its servers, or any connected system.
• Introduce malware, viruses, or any other malicious or harmful code.
• Use automated tools (bots, scrapers, crawlers) to access or extract data from the Service without our express written permission.
• Engage in any activity that could impair, overload, or damage the Service or infrastructure supporting it.
• Send unsolicited commercial electronic messages in connection with the Service, in violation of the Unsolicited Electronic Messages Act 2007 (NZ) or any equivalent anti-spam law applicable to you.
• Resell, sublicense, or otherwise commercialise access to the Service without our prior written consent.

We may suspend or terminate your account immediately if we reasonably believe you have breached this section.

6. Your Content

You retain ownership of all data, files, and content you submit to the Service (“User Content”). By uploading or submitting User Content, you grant us a limited, non-exclusive, royalty-free licence to store, process, and display that content solely to the extent necessary to provide the Service to you.

You represent and warrant that you own or have the necessary rights to your User Content and that it does not infringe any third-party intellectual property, privacy, or other rights.

We do not claim ownership of your User Content and will not use it for any purpose other than providing the Service, except as described in our Privacy Policy.

7. Intellectual Property

All intellectual property rights in the Service — including the software, design, trademarks, and content created by us — are owned by Obsidian Ventures Limited or our licensors. Nothing in these Terms transfers any such rights to you.

We grant you a limited, personal, non-transferable, revocable licence to use the Service in accordance with these Terms. You may not copy, modify, distribute, sell, or reverse engineer any part of the Service.

8. Third-Party Services

The Service integrates with third-party services (including Stripe and Google Analytics). Your use of those services is governed by their own terms and privacy policies. We are not responsible for the practices or content of any third-party service.

9. Consumer Guarantees, Disclaimers, and Limitation of Liability

Consumer users (personal use)

If you are a consumer acquiring the Service for personal use, the Consumer Guarantees Act 1993 applies. Under that Act, we guarantee that:

• The Service will be carried out with reasonable care and skill (section 28 CGA).
• The Service will be fit for any particular purpose you make known to us at or before the time of supply, to the extent we agreed to provide it for that purpose (section 29 CGA).
• The Service will be completed within a reasonable time where no time is agreed (section 30 CGA).

These guarantees cannot be excluded for consumer transactions. If we fail to meet a guarantee, you are entitled to the remedies provided by Part 2 of the CGA, which may include re-performance of the Service or, where re-performance is not possible or is not done within a reasonable time, a refund of the amount paid for the affected portion of the Service.

Nothing in these Terms is intended to limit any right you have under the CGA or the Fair Trading Act 1986 that cannot be lawfully excluded or limited.

All users — general disclaimers

To the maximum extent permitted by law (and subject to the consumer rights above), the Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose.

We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that any data you store through the Service will be secure or not lost.

Limitation of liability (non-consumer / business users)

Where the CGA does not apply (including where the business-use exclusion in section 4 above applies), our total aggregate liability to you — whether in contract, tort (including negligence), statute, or otherwise — shall not exceed the greater of:

• the total amount you paid to Obsidian Ventures Limited in the 12 months immediately preceding the event giving rise to the claim; or
• NZD $100.

In no event shall Obsidian Ventures Limited be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunity, even if advised of the possibility of such damages.

10. Indemnification

You agree to indemnify, defend, and hold harmless Obsidian Ventures Limited and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your use of the Service, your User Content, or your breach of these Terms.

11. Termination

You may close your account at any time via your account settings or by contacting us. Upon termination, your right to use the Service ceases immediately. We will delete or anonymise your personal data in accordance with our Privacy Policy and applicable law.

We may suspend or terminate your account, with or without notice, if you breach these Terms, if we are required to do so by law, or if we discontinue the Service. We will give reasonable advance notice of Service discontinuation where practicable.

Sections 6, 7, 9, 10, 12, and 13 survive termination of these Terms.

12. Governing Law and Disputes

These Terms are governed exclusively by the laws of New Zealand. Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, the parties agree to submit to the exclusive jurisdiction of the New Zealand courts (or, for eligible low-value claims, the Disputes Tribunal of New Zealand).

13. Changes to These Terms

We may amend these Terms at any time. We will notify you of material changes by email or by displaying a prominent notice within the Service at least 14 days before the changes take effect. If you do not agree with the amended Terms, you must stop using the Service before the effective date. Continued use after that date constitutes acceptance of the updated Terms.

14. General

• Entire agreement: These Terms and our Privacy Policy constitute the entire agreement between you and us in respect of the Service and supersede all prior agreements or understandings.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• No waiver: Failure to enforce any right under these Terms does not constitute a waiver of that right.
• Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights to a successor entity in the event of a merger, acquisition, or sale of substantially all of our assets.

15. Contact

For any questions regarding these Terms, please contact us: