1. Introduction and Acceptance

1.1 These Terms and Conditions ("Terms") govern access to and use of the Hone software, website and calculation tool ("Hone" or the "Software"), provided by EnergySmart Limited ("EnergySmart", "we", "us", "our").

1.2 Hone is designed to calculate and report compliance with Clause H1 (Energy Efficiency) of the New Zealand Building Code ("H1").

1.3 Access to Hone is by approved login only. By registering for, logging into, or otherwise using Hone, you ("User", "you") confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use Hone.

1.4 We may amend these Terms from time to time in accordance with clause 10. Continued use of Hone after any amendment constitutes your acceptance of the amended Terms.

2. Eligibility and Access

2.1 Hone is provided free of charge, however access is granted at EnergySmart's sole discretion via an approved login.

2.2 Hone is made available for the use of architects, building designers, builders and other building professionals who intend to specify, or are considering specifying, insulation products supplied by EnergySmart including Eco Insulation and/or Terra Lana (together, the "Approved Products") on the relevant project.

2.3 EnergySmart reserves the right to: (a) approve, decline, suspend or revoke any User's access to Hone at any time and at its sole discretion, including without giving reasons; (b) refuse or revoke access where we reasonably believe a User is a competitor, is acting on behalf of a competitor, or intends to use Hone for a purpose other than specifying the Approved Products; and (c) request confirmation of a User's identity, occupation or professional registration as a condition of granting or continuing access.

2.4 You must keep your login credentials confidential and are responsible for all activity that occurs under your login. You must notify us immediately if you become aware of any unauthorised use of your account.

2.5 Hone is intended for use in relation to buildings located in New Zealand only, and is designed by reference to the New Zealand Building Code. It must not be used or relied upon for any building or project outside New Zealand.

3. The Two Ways of Using Hone

3.1 Self-Service Calculator

Where a User enters their own project information — including details of walls, roofs, floors, windows, doors and other elements comprising the thermal envelope — Hone will calculate the resulting Total Specific Heat Loss (or other applicable H1 metric) based on the data entered.

3.2 EnergySmart Take-Off Service

Alternatively, a designer or architect may provide EnergySmart with plans and instructions (for example, an instruction to optimise for performance or for cost). In this case, EnergySmart personnel will perform the relevant take-offs from the plans and enter the specification detail into Hone on the User's behalf, and will specify the Approved Products as part of that process. This service is provided free of charge on the basis that the resulting specification includes the Approved Products.

3.3 EnergySmart reserves the right to decline to provide the take-off service described in clause 3.2 for any project or User at its discretion.

4. Accuracy of Information and Disclaimer

4.1 User-entered information. Where a User enters their own project data under clause 3.1, the accuracy of any calculation or report produced by Hone is entirely dependent on the accuracy and completeness of the information entered by the User. It is the User's sole responsibility to ensure that all information entered into Hone: (a) is accurate, complete and current; and (b) correctly reflects the relevant building plans and specifications for the project.

4.2 Hone performs calculations based only on the data provided to it. EnergySmart does not verify, check or audit User-entered data against the underlying building plans or specifications. Incorrect, incomplete or inconsistent input data will produce an incorrect or unreliable output ("garbage in, garbage out"), and EnergySmart accepts no responsibility for the consequences of this.

4.3 No warranty of accuracy. While EnergySmart is confident in the correctness of Hone's underlying calculation methodology, EnergySmart makes no warranty, representation or guarantee — express or implied — as to the absolute accuracy, completeness, reliability or fitness for purpose of any calculation, report or output generated by Hone, whether arising from user-entered data or otherwise.

4.4 Hone is a tool intended to assist suitably qualified professionals and does not replace the exercise of professional judgment. Outputs from Hone should be reviewed and verified by a suitably qualified person before being relied upon for consenting, construction, or compliance purposes. Ultimate responsibility for demonstrating H1 compliance rests with the designer, builder, and/or building consent applicant, not with EnergySmart.

4.5 Take-off service. Where EnergySmart performs take-offs and data entry under clause 3.2, EnergySmart will use reasonable care in doing so based on the plans and instructions provided. However, this remains subject to the accuracy and completeness of the plans and instructions supplied by the designer, and clauses 4.3 and 4.4 continue to apply.

5. Limitation of Liability

5.1 To the maximum extent permitted by law, EnergySmart excludes all warranties, conditions and representations, whether express or implied, in relation to Hone.

5.2 To the maximum extent permitted by law, EnergySmart shall not be liable to any User or third party for any direct, indirect, incidental, special or consequential loss or damage (including loss of profits, loss of contract, or costs of remedial building work) arising out of or in connection with: (a) the use of, or inability to use, Hone; (b) any error, inaccuracy or omission in data entered by a User; (c) any reliance placed on any calculation, report or output produced by Hone; or (d) any decision made, or building work carried out, in reliance on Hone.

5.3 Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified, including any rights a User may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, to the extent those Acts apply.

5.4 Where permitted by law, EnergySmart's total aggregate liability arising out of or in connection with Hone, however arising, is limited to NZD $0 (reflecting that Hone is provided free of charge), or such other amount as required by law.

6. Intellectual Property

6.1 Hone, including its software, source code, calculation methodology, design, layout, branding, and all associated documentation (the "IP"), is owned by EnergySmart Limited and/or its licensors and is protected by copyright and other intellectual property laws in New Zealand and internationally.

6.2 Subject to your compliance with these Terms, EnergySmart grants you a limited, non-exclusive, non-transferable, revocable licence to access and use Hone solely for the purpose described in clause 2.2 (specifying the Approved Products on New Zealand building projects).

6.3 You must not, and must not permit any third party to: (a) copy, reproduce, republish, frame, mirror, or create derivative works of Hone or any part of it; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, calculation logic, or underlying methodology of Hone; (c) use Hone, or any output, data, or methodology derived from it, to develop, inform, or improve a competing product or service; (d) use automated tools (including scraping, bots, or crawlers) to extract data or content from Hone; (e) sublicense, resell, rent, lease, or otherwise make Hone available to any third party; or (f) remove or alter any copyright, trade mark, or other proprietary notice contained in Hone.

6.4 EnergySmart reserves all rights not expressly granted under these Terms and will protect its intellectual property in Hone to the fullest extent permitted by law, including against competitors seeking to copy or replicate the Software.

6.5 "Eco Insulation" and "Terra Lana" and associated logos are trade marks of their respective owners and may not be used without prior written consent.

7. Privacy and Use of Information

7.1 EnergySmart collects information from Users in connection with their use of Hone, including registration details, project information, and data entered or uploaded into the Software ("User Information").

7.2 User Information is collected and used only for internal purposes between EnergySmart Limited and Terra Lana Products Limited, including to: (a) provide, operate and improve Hone and the take-off service; (b) provide quotes, specifications and related services in connection with the Approved Products; and (c) communicate with Users about their projects and about EnergySmart and Terra Lana products and services.

7.3 EnergySmart does not sell User Information to third parties for the purpose of enabling those third parties to market to, or contact, Users directly. This is an important distinction: while EnergySmart may use and share User Information as described in clause 7.4 below, EnergySmart will not provide User contact details to third parties so that those third parties can market their own products or services to Users.

7.4 Use of information to develop automation and AI functionality. Notwithstanding clause 7.3, User Information may be used, and may be shared with third party technology or service providers, for the purpose of developing, training, testing, or enabling artificial intelligence, machine learning, or automation functionality within Hone. The purpose of this is to progressively enable the EnergySmart Take-Off Service described in clause 3.2 to be made available to all Users on an automated basis, rather than being limited by EnergySmart's human resourcing. This may include disclosing User Information to a third party engaged by EnergySmart to build or provide such functionality. Any such third party will be subject to obligations regarding the use and protection of that information, and will not be permitted to use User Information to market to Users.

7.5 EnergySmart may compile, use and disclose anonymised and aggregated information derived from User Information (for example, market or industry trend reporting) that does not identify any individual User or project, and may do so for market reporting or business purposes.

7.6 EnergySmart will handle personal information in accordance with the Privacy Act 2020 (NZ). Further detail on how we collect, use, store and protect personal information is set out in our [Privacy Policy] (available at [insert link]).

7.7 Security. EnergySmart takes the security of Hone and User Information seriously. Hone has been designed and built with data security best practice in mind, including measures intended to protect User Information from unauthorised access, use, or disclosure. As at the date of these Terms, EnergySmart's security measures have not been independently verified or certified by a third party; however, EnergySmart is confident that Hone reflects current industry best practice for a software application of this nature. No method of electronic storage or transmission is completely secure, and EnergySmart cannot guarantee absolute security.

8. Suspension and Termination

8.1 EnergySmart may suspend or terminate a User's access to Hone at any time, with or without notice, including (without limitation) where: (a) we reasonably believe the User has breached these Terms; (b) we reasonably believe the User is a competitor or is not using Hone for its intended purpose under clause 2.2; (c) we cease to offer Hone generally; or (d) required to do so by law.

8.2 A User may stop using Hone and close their account at any time by contacting us.

8.3 Clauses 4, 5, 6, 7 and 9 survive termination of a User's access to Hone.

9. General

9.1 Governing law. These Terms are governed by, and must be interpreted in accordance with, the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.

9.2 No assignment. A User may not assign or transfer any rights under these Terms without EnergySmart's prior written consent.

9.3 Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect.

9.4 Entire agreement. These Terms, together with any Privacy Policy referenced in them, constitute the entire agreement between the User and EnergySmart in relation to the use of Hone.

9.5 No waiver. Failure by EnergySmart to enforce any provision of these Terms is not a waiver of that provision.

10. Changes to These Terms

EnergySmart may update these Terms from time to time by posting the updated version on Hone. Material changes will, where practicable, be notified to registered Users. Continued use of Hone following any update constitutes acceptance of the updated Terms.

11. Contact Us

For questions about these Terms, or to request access to Hone, please contact:

EnergySmart Limited 55 Francella Street, Christchurch, newbuild@energysmart.co.nz 0800 777 111