Legal Stuff

Last Modified: 16 April 2024

PLEASE READ THESE TERMS CAREFULLY.

The ThinkGo Product Specific Terms are intended to highlight some of the important things about using our different Subscription Services. The Product Specific Terms form part of the ThinkGo Customer Terms of Service and are hereby incorporated therein.

If you are using any of the Subscription Services described below, the terms corresponding to those product(s) apply to your use. We periodically update this page by posting a revised copy at https://thinkgo.co.nz/legal-stuff/ so please check back here for current information.

1. PAID SUBSCRIPTION SERVICES

Diagnostics - Ignition Plan
The Ignition Plan is a non-transferable named user based pricing plan. The minimum initial Term is for 3 months. Monthly renewals are automatic. A customer must notify ThinkGo that they wish to terminate their subscription and cancellation is as per ThinkGo Customer Terms of Service.

Diagnostics - Nitro Plan
The Nitro Plan is a non-transferable named user based pricing plan. The minimum initial Term is for 3 months. Monthly renewals are automatic. A customer must notify ThinkGo that they wish to terminate their subscription and cancellation is as per ThinkGo Customer Terms of Service.

Diagnostics - Hyperdrive Plan
The Hyperdrive Plan is a non-transferable named user based pricing plan, with volumetric discounts. The minimum initial Term is for 3 months. Monthly renewals are automatic. A customer can upgrade or downgrade the quantity of seats at anytime by accessing their account within our payment partner, Stripe. A customer must notify ThinkGo that they wish to terminate their subscription and cancellation is as per ThinkGo Customer Terms of Service.

2. FREE SERVICES

Any customers using only Free Services are limited to one (1) User for the Growth Velocity Diagnostics Demonstrator at this time.

3. OTHER SERVICES

3.1 Consulting Services
You may purchase Consulting Services by contacting us via our “Get in Touch” form and placing an Order with us. Unless we otherwise agree, the Consulting Services we provide are described in the Product and Services Catalog and will be delivered in English. Fees for these Consulting Services are in addition to your Subscription Fee.

3.1.1 Location. All Consulting Services are performed remotely, unless you and we otherwise agree. For Consulting Services performed on-site, you will reimburse us our reasonable costs for all expenses incurred in connection with the Consulting Services. Any invoices or other requests for reimbursements will be due and payable within thirty (30) days of the date of the invoice.

3.1.2 Delivery. If there are a specific number of hours included in the Consulting Services purchased, those hours will expire as indicated in the applicable description, which expiration period will commence upon purchase (the “Expiration Period”).

If there are deliverables included in the Consulting Services purchased, it is estimated that those deliverables will be completed within the time period indicated as the delivery period in the applicable description, which delivery period will commence upon purchase (the “Delivery Period”). If there is no Expiration Period or Delivery Period indicated, then it will be sixty (60) calendar days from purchase.

If the Consulting Services provided are not complete at the end of the Delivery Period due to your failure to make the necessary resources available to us or to perform your obligations, such Consulting Services will be deemed to be complete at the end of the Delivery Period. If the Consulting Services provided are not complete at the end of the Delivery Period due to our failure to make the necessary resources available to you or to perform our obligations, the Delivery Period will be extended to allow us to complete such Consulting Services.

3.1.3 Third Party Providers. We might provide some or all elements of the Consulting Services through third party service providers. Consulting Services are non-cancellable and all fees for Consulting Services are non-refundable.

4. SERVICE UPTIME INTENTION

4.1 For the purposes of this 'Service Uptime Intention” section, the following definitions will apply:
"Downtime" means a critical full outage/severe issue that constitutes a catastrophic problem causing complete inability to use the Subscription Service, excluding Free Services, across a significant portion of the production environment (e.g. crash or hang), resulting in production downtime and where there is no workaround or solution to the problem.

"Excluded" means the following: (i) unavailability caused by circumstances beyond our reasonable control, including, without limitation, act of God, acts of government, emergencies, natural disasters, flood, fire, civil unrest, acts of terror, strikes or other labour problems (other than those involving our employees), or any other force majeure event or factors; (ii) any problems resulting from Customer's combining or merging the Subscription Service with any hardware or software not supplied by us or not identified by us in writing as compatible with the Subscription Service; (iii) interruptions or delays in providing the Subscription Service resulting from telecommunications or internet service provider failures outside of our datacenter as measured by our third party website availability monitoring provider; (iv) any interruption or unavailability resulting from the misuse, improper use, alteration, or damage of the Subscription Service; and (v) unavailability while we perform maintenance on the Subscription Service when necessary, in HubSpot’s sole, reasonable discretion.

"Service Uptime" means (total hours in calendar month - Excluded duration - Downtime duration) / (total hours in calendar month - Excluded duration ) x 100% = Service Uptime.

4.2 We rely upon Third Party Vendors for much of our infrastructure and therefore are reliant upon their abilities to maintain a Service Uptime goal of 99.95% for our Subscription Service in a given calendar month. Notwithstanding anything to the contrary in the Agreement or this section, this 'Service Uptime Commitment' section does not apply to our Free Services.

5. CUSTOMER SUPPORT

If you pay us a Subscription Fee for our Paid Subscriptions, email / help-desk support is included at no additional cost for Users with a paid subscription.

5.2 Email Support
Email and help-desk responses are provided during New Zealand business hours only. We attempt to respond to email and help-desk support questions within one business day. We do not promise or guarantee any specific response time. We may limit or deny your access to support if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or abuse of ThinkGo representatives.

5.3 Free Services
If you do not pay a Subscription Fee, support is available to you through the HubSpot Knowledge Base at http://success.ThinkGo.co.nz.