Terms of Service

Introduction

These Terms of Service ("Terms") govern your access to and use of the website, services, and software provided by Incredible Software Limited ("Incredible.so," "we," "us," or "our"). By using our website, engaging our services, or attending our workshops, you agree to these Terms. If you are agreeing on behalf of a company or organisation, you confirm that you have the authority to bind that organisation.

1. Who We Are

We build custom software and AI systems for growing businesses, connecting the tools you already use, automating manual work, and embedding AI where it removes real effort. Our services include custom software builds, AI agents, AI enablement partnerships, and hands-on AI workshops.

2. Our Services

We provide the following services, each scoped and agreed separately:

• Custom Builds: Bespoke software designed and built around your operation.
• AI Agents: AI systems that carry out defined tasks inside your existing tools and runtime.
• AI Enablement: Ongoing partnerships where we embed with your team to ship AI solutions over time.
• Workshops: Live, hands-on AI training sessions for your team, onsite or remote.

The specific scope, deliverables, timeline, and price for any engagement are set out in a written proposal or statement of work. Where a signed proposal or agreement conflicts with these Terms, the signed document prevails for that engagement.

3. Engagements and Proposals

Most engagements begin with a discovery call and a written proposal. A proposal becomes binding when you accept it in writing (including by email) or by making payment.

• Estimates and timelines are based on the information available at the time of scoping. Material changes to scope may require an adjusted timeline or fee, which we will agree with you before proceeding.
• We reserve the right to decline or pause work where scope, payment, or access to required systems is unresolved.

4. Fees and Payment

• Fees are set out in the relevant proposal, statement of work, or retainer agreement, and are exclusive of GST unless stated otherwise.
• Custom Builds are typically fixed-scope and invoiced against agreed milestones. AI Enablement and ongoing care are billed as monthly retainers. Workshops are invoiced per session or participant as quoted.
• Invoices are payable within the period stated on the invoice. We may pause work on overdue accounts after reasonable notice.
• Third-party platform, subscription, and licensing costs (for example hosting, AI usage, or SaaS tools) are your responsibility unless we have expressly agreed to include them.

5. Your Responsibilities

To deliver well, we rely on you to:

• Provide timely access to the systems, accounts, data, and people we need.
• Nominate a product owner who can make decisions and give feedback.
• Ensure you have the right to share any data or content you provide to us, and that doing so does not breach any third-party rights or laws.
• Review and sign off on deliverables within agreed timeframes.

6. Intellectual Property

• Your deliverables: On full payment, you own the custom software, configurations, and materials we create specifically for you under an engagement. Wherever practical, we build on your own accounts so ownership sits with you from day one.
• Our background IP: We retain ownership of the tools, frameworks, libraries, and know-how we bring to or develop independently of your engagement. We grant you a licence to use these to the extent needed to use your deliverables.
• Third-party components: Some deliverables include third-party platforms or open-source components, which remain subject to their own licences.
• Reference rights: Unless we agree otherwise in writing, we may describe the engagement in general terms (for example case studies, talks, or our portfolio). We will ask before naming you or sharing confidential specifics.

7. Third-Party Tools and Integrations

Our work often connects to or relies on third-party platforms and APIs (for example Xero, HubSpot, Google Workspace, Glide, or AI providers). We are not responsible for the availability, changes, pricing, or performance of those third-party services, and your use of them is governed by their own terms.

8. Confidentiality

Each party will keep the other’s confidential information secure and use it only for the purposes of the engagement. We are happy to sign your NDA or provide ours. This obligation does not apply to information that is public through no fault of the receiving party, already known, independently developed, or required to be disclosed by law.

9. Privacy and Data

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms. Where we process personal information on your behalf, we do so in line with that policy and any data processing terms we agree with you.

10. Warranties and Disclaimers

We provide our services with reasonable care and skill and in line with the agreed scope. Other than as expressly stated in a signed agreement, our services and any software are provided "as is," and we do not warrant that they will be uninterrupted, error-free, or fit for a purpose not described in the scope.

Where you deal with us as a consumer, nothing in these Terms limits rights you have under the Consumer Guarantees Act 1993 or other law that cannot lawfully be excluded.

11. Limitation of Liability

To the extent permitted by law, neither party is liable for indirect, incidental, or consequential loss, or for loss of profit, revenue, or data. Our total liability arising from or in connection with an engagement is limited to the fees paid by you for that engagement in the 12 months before the event giving rise to the claim.

12. Term and Termination

• Either party may terminate an engagement on the notice period set out in the relevant agreement, or on reasonable notice where none is specified.
• Retainers are month-to-month unless agreed otherwise and can be paused or ended with notice.
• On termination, you will pay for work performed and costs committed up to the termination date, and we will hand over completed deliverables for which payment has been made.

13. Changes to These Terms

We may update these Terms from time to time. The current version will always be posted on our website with a revised effective date. For active engagements, the version in effect when your proposal was accepted continues to apply unless we agree otherwise.

14. Governing Law

These Terms are governed by the laws of New Zealand, and the New Zealand courts have non-exclusive jurisdiction over any dispute. We will always try to resolve issues directly and in good faith first.

15. Contact Us

Questions about these Terms? We are happy to talk them through.

These Terms are a general framework for working with Incredible. For a specific engagement, the signed proposal or statement of work is the controlling document.