Terms of Service

1. Agreement and who we are

These terms are an agreement between you and Vicky Compliance Solutions Limited (New Zealand company number 9455573), referred to as "we", "us" and "our". They apply to the Vicky app, the vickyhelps.com website and the services we provide through them (together, the "Service"). By creating an account, accepting these terms or using the Service you agree to them. If you do not agree, do not use the Service.

Vicky is made for businesses. If you accept these terms for an inspecting organisation, you confirm that you have authority to bind it, and "you" means that organisation and its authorised users together. Our Privacy Policy explains how we handle personal information and forms part of this agreement.

2. About Vicky

Vicky is a quality management system (QMS) record-keeping app for vehicle inspecting organisations and inspectors in New Zealand. It helps you keep the records expected by NZTA Waka Kotahi and be ready for review. Vicky is an independent product. It is not made, endorsed or approved by NZTA Waka Kotahi or any other regulator.

3. Your account

• You must be at least 18 and use Vicky for business purposes.
• Give accurate information and keep it up to date.
• Keep your password and PIN secret. You are responsible for activity under your login, and you must tell us promptly if you think someone else has used it.
• The person who sets up an organisation is its owner, and decides who else can join and what they can do. You are responsible for the people you invite and for removing anyone who should no longer have access.
• Each login is for one person. Do not share logins.

4. Licence to use the app

While you have an active subscription, we grant you a revocable, non-exclusive, non-transferable, limited licence to download, install and use the app on your own devices, solely to manage your own organisation's QMS records. All rights not expressly granted to you are reserved.

You must not, and must not permit anyone else to: copy, sell, rent, lease, sublicense, distribute or otherwise commercially exploit the app; modify, adapt or create derivative works from it; reverse engineer, decompile or disassemble it, except to the extent the law does not allow this restriction; use it to build a competing product; or remove or alter any copyright, trademark or other proprietary notice in the app or on any record it generates.

5. Intellectual property

The Vicky app, including its source code, design, user interface, graphics, text, training content, trademarks, and the Vicky name and logo, is the intellectual property of Vicky Compliance Solutions Limited and its licensors. Nothing in these terms transfers any of it to you. If you send us feedback or ideas, you allow us to use them without restriction or payment.

References to the Vehicle Inspection Requirements Manuals (VIRMs), NZTA forms and other regulator material are for guidance. That material belongs to NZTA Waka Kotahi or the Crown, and you should always work from the current version published by NZTA.

6. Your data

The records, signatures, photos and other information you put into Vicky ("Your Data") remain yours. You give us a licence to host, copy, process and display Your Data only as needed to provide, secure and support the Service for you, including by using the service providers named in our Privacy Policy. We do not use Your Data for advertising, sell it, or use it to train AI models.

You are responsible for Your Data. You confirm that you have the right to enter it, and that where it includes personal information about staff, inspectors or others, you have told those people that it is being recorded for QMS compliance and you handle it in line with the Privacy Act 2020. You must not enter unlawful, infringing or harmful content.

You can print, email or export your records from the app at any time. Please keep your own copies of anything you are legally required to retain. We take reasonable care of your data and back it up, but the Service is not a substitute for your own record-keeping obligations to NZTA Waka Kotahi.

7. AI features and guidance

Parts of Vicky use artificial intelligence, including Ask Vicky and the scanning of Blue Star receipts and NZTA letters. AI output can be incomplete, out of date or wrong. It is a draft or a guide only. You must check it against the current VIRM and the original document, and review and approve any record before relying on it or signing it. Ask Vicky is not legal, regulatory or professional advice and does not replace your own judgement, training or authority as an inspector.

8. Your compliance responsibilities

Vicky helps you organise and store records. It does not check that your underlying compliance is correct, and it does not replace your obligations to NZTA Waka Kotahi. The readiness score, reminders, suggested assessment outcomes and predicted review results shown in the app are a guide based only on what has been entered. They are not a guarantee, prediction or assurance of any actual audit, review, certification or enforcement outcome. You remain solely responsible for how your organisation and its inspectors inspect vehicles and certify them.

9. Subscription and payment

Vicky is offered on a subscription of $50 + GST per month, or $500 + GST per year, per organisation, unless we agree otherwise in writing. An onboarding fee may apply if agreed with you beforehand. Prices are in New Zealand dollars. GST is added at the current rate.

Subscriptions are bought on our website and processed by Stripe. They are not bought or billed through the Apple App Store or Google Play, and Apple and Google are not parties to your subscription or responsible for it. Your subscription renews automatically each month or year until cancelled, and fees are payable in advance by the payment method you provide. You authorise us and Stripe to charge it.

We may change our prices by giving you at least 30 days' notice before your next billing period. If you do not agree to a change, you can cancel before it takes effect. If a payment fails, we may ask you to update your payment details, and we may suspend access until it is paid.

10. Cancelling and refunds

You can cancel at any time by emailing contact@vickyhelps.com, and we will confirm it, or through the Stripe billing portal where we give you a link to it. Cancellation takes effect at the end of the period you have already paid for, and you keep access until then. We do not give refunds for part-periods, except where the law requires one or where we agree in writing.

After your subscription ends, we keep your organisation's records for 90 days so you can export them or return, and then delete them, as set out in our Privacy Policy.

You can also delete your account in the app at any time (Profile, then Delete account). This ends your access immediately and cannot be undone. If your organisation has an active subscription, we cancel it as part of the deletion, but you should cancel it yourself first through the billing portal so no further payment is taken.

11. Acceptable use

You must use Vicky lawfully and only to manage your own organisation's QMS records. You must not: access or try to access another organisation's data; interfere with, overload or attempt to break the security of the Service; use automated means to extract data from it; upload malicious code; use it to mislead NZTA Waka Kotahi or anyone else, including by creating false or backdated records; or let anyone else use your login.

12. Availability and support

We aim to keep Vicky available and reliable, but we do not guarantee uninterrupted or error-free access. We may carry out maintenance, make updates, and change or remove features from time to time. Support is by email at contact@vickyhelps.com and phone on 021 890 137, during New Zealand business hours. The Service depends on third parties such as cloud hosting, payment and AI providers, and we are not responsible for their outages.

13. Third-party services and links

The Service works with third-party services, and links to external sites such as NZTA Waka Kotahi. Those are provided under their own terms, and we are not responsible for them.

14. Business use and warranties

Both you and we are in trade. To the fullest extent the law allows, the Consumer Guarantees Act 1993 and sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply to the Service, and you agree that this is fair and reasonable. Nothing in these terms takes away any right that cannot lawfully be excluded.

Subject to that, the Service is provided "as is" and "as available". We give no warranty that it will be uninterrupted, error-free or fit for a particular purpose, or that using it will result in any particular review or audit outcome.

15. Limit of liability

To the extent the law allows, we are not liable for any indirect or consequential loss, or for loss of profit, revenue, business, goodwill or data, or for any regulatory action, audit or review outcome, arising from your use of the Service, whether in contract, tort (including negligence) or otherwise. Our total liability to you for all claims arising from the Service in any 12-month period is limited to the fees you paid us in the 12 months before the event that gave rise to the claim.

Nothing in these terms limits liability that cannot be limited by law.

16. Your responsibility for claims

You are responsible for, and will cover our reasonable costs of, any third-party claim that arises from Your Data, or from your breach of these terms or misuse of the Service, except to the extent we caused the loss.

17. Suspension and termination

We may suspend or end your access if you breach these terms, if payment is overdue, if your use puts the Service or others at risk, or if the law requires it. We will give you notice where we reasonably can. You may stop using the Service and cancel at any time. When access ends, your licence ends and you must stop using the app and remove it from your devices, and the retention terms in our Privacy Policy apply to Your Data. Sections that by their nature should continue to apply after termination will continue to apply.

18. Apple devices

If you download the app from the Apple App Store, the following also applies. These terms are between you and us only, not Apple. Apple has no obligation to provide maintenance or support for the app. If the app fails to meet any applicable warranty, you may notify Apple and Apple will refund the purchase price if any, and, to the extent the law allows, Apple has no other warranty obligation for the app. As between you and Apple, we are responsible for any claims about the app, including product liability, legal compliance, consumer protection and intellectual property infringement claims. You confirm that you are not located in a country subject to a US Government embargo or listed as a terrorist-supporting country, or on a US Government list of restricted parties. You must comply with applicable third-party terms when using the app. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you. Our contact details are at the end of these terms.

19. Changes to these terms

We may update these terms from time to time. If we make a material change, we will tell you in the app or by email at least 30 days before it takes effect. Continuing to use Vicky after a change takes effect means you accept the updated terms.

20. General

These terms, together with the Privacy Policy, are the whole agreement between us about the Service. If any part is found to be unenforceable, the rest continues to apply. A failure to enforce a right is not a waiver of it. You may not transfer your rights under these terms without our written consent, and we may transfer ours as part of a sale of the business. Neither of us is liable for a failure caused by events beyond our reasonable control. These terms are governed by the laws of New Zealand, and any dispute is subject to the non-exclusive jurisdiction of the New Zealand courts.

21. Contact

Vicky Compliance Solutions Limited. Email contact@vickyhelps.com, phone 021 890 137, website vickyhelps.com.