Terms of Use

1.1 In these Terms, the following definitions apply:

• "AI Provider List" means the list, in clause 6.2 of our Privacy Policy, of the AI services we currently use and where they run. When it changes, we update it there and give notice under clause 7.6.
• "Customer" means the business or other organisation that holds a subscription to the Platform through the Reseller and on whose behalf you use the Platform. The Customer is the party that bears the monetary obligations under these Terms.
• "Customer Data" means all data, content, files, media and information submitted to, uploaded to, or generated within the Platform by or on behalf of the Customer or its users, including the data categories described in clause 6.
• "Reseller" means TTM Control Ltd (company number 8193035, NZBN 9429049383126), which provides the commercial subscription and billing relationship for the Platform.
• "Sub-processor" means a third party engaged by us to process Customer Data in connection with the Platform, as identified in the consolidated list in clause 7 (Hosting, Data Location and Security) and clause 9 (AI Features and Offshore Processing).
• "TTM Evidence" means the separate app at app.ttmevidence.co.nz, also operated by BYT, that maintains workers' verifiable traffic-management experience records, to which a User may optionally link their account as described in clause 6.5. Although TTM Evidence is presented on a .co.nz domain, its data is hosted in Australia, on a BYT-controlled Vultr server in Sydney with its database and file storage on Supabase (Amazon Web Services) in Sydney, as described in clause 7.6, and personal information in it is handled under our Privacy Policy.
• "User", "you" or "your" means an individual who accesses or uses the Platform and, where the context requires (including in relation to monetary obligations, the licence in clause 6, and the indemnity in clause 15), the Customer organisation on whose behalf that individual acts. An individual User is not personally liable for the monetary obligations of the Customer where the User acts within the scope of their role.

1.2 Headings are for convenience only and do not affect interpretation. References to legislation include any amendment, re-enactment or replacement of it. The words "including" and "for example" are not words of limitation. References to currency are to New Zealand dollars (NZD) unless stated otherwise.

2.1 The Platform is an operational tool that enables traffic-management businesses and other organisations that run temporary traffic management, and their field crews, to book, plan and record their work digitally, including bookings and crew planning, daily job sheets, hazard and risk assessments, site inductions, HRC 008 monitoring, timesheets and staff hours, invoicing (including draft invoices sent to the Customer's own accounting software where the Customer connects it) and vehicle records.

2.2 Subject to your continued compliance with these Terms and to the Customer holding a current subscription through the Reseller, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Platform for the Customer's internal business purposes in the course of trade.

2.3 You must not, and must not permit any other person to: (a) sublicense, resell, lease or otherwise make the Platform available to any third party except as expressly permitted; (b) copy, modify, adapt, translate, reverse engineer, decompile or disassemble any part of the Platform, except to the extent this restriction cannot lawfully be excluded; (c) circumvent or attempt to circumvent any access controls, security or usage limits; (d) introduce any malware, or interfere with or disrupt the integrity or performance of the Platform; or (e) use the Platform other than in accordance with these Terms and applicable law.

2.4 We may update, modify or enhance the Platform from time to time, and may impose, vary or remove usage limits and features. If a change materially reduces the core features the Customer relies on, we will give the Customer notice (clause 16.9), and the Customer may terminate and export its Customer Data under clause 10.2 without penalty, in the same way as for an adverse change to these Terms under clause 16.3.

3.1 Access to the Platform requires an account. Accounts are created for and assigned to individual Users by the Customer or the Reseller. The Customer may also invite people from outside its own organisation, such as its clients and labour-hire workers, to use the Platform with the access the Customer gives them; the Customer is responsible for those Users under clause 3.4 in the same way as for its own personnel. You must provide accurate and current account information and keep it up to date.

3.2 You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us promptly at [email protected] if you become aware of any unauthorised access to or use of your account.

3.3 You must be at least 18 years of age to use the Platform. The Platform is not directed at, and must not be used by, persons under 18.

3.4 The Customer is responsible for the acts and omissions of its Users in connection with the Platform as if they were the Customer's own.

3.5 Data on devices. So that paperwork can be completed without signal, the Platform keeps a working copy of a User's jobs and forms on the phone, tablet or computer they use, and syncs it when the device is back in range. The copy stays on the device after syncing and is deleted when the User logs out using the Log out button. The Customer is responsible for the devices its Users use with the Platform, including keeping them locked and up to date, and for promptly removing a User's access in the Platform if their device is lost or stolen or they leave the Customer. Data that has not yet synced exists only on that device, and we cannot recover it if the device is lost, damaged or reset.

4.1 The Platform is a paid, in-trade product. The commercial subscription, pricing, invoicing and payment relationship for the Platform is between the Customer and the Reseller (TTM Control Ltd), not with BYT. The Reseller agrees commercial terms with each Customer directly and enables Platform access for that Customer on that basis, and a free trial may be offered at the Reseller's discretion. Billing is administered by the Reseller via Xero. The Platform does not meter, count or charge for individual jobs or forms.

4.2 There is no active card-payment processor for the Platform, and card payments are not currently processed through the Platform. Any change to the billing method remains a matter for the Reseller under its separate commercial arrangement with the Customer.

4.3 Your right to access and use the Platform is conditional on the Customer maintaining a current subscription in good standing with the Reseller. If the subscription lapses, is suspended or is terminated, access to the Platform may be suspended or terminated in accordance with clause 12, subject to the export window in clause 10.2.

4.4 Any dispute relating to fees, invoicing, pricing, the free trial or the commercial subscription is a matter between the Customer and the Reseller and is outside the scope of these Terms. For the purposes of clause 14.2, "fees paid for the Customer's tenant" means the fees paid for the Customer's use of the Platform, whether collected by the Reseller or by us, regardless of the entity that collects them.

5.1 You must use the Platform lawfully, in good faith, and only for the Customer's legitimate business or operational purposes, such as booking, planning, temporary traffic management, safety paperwork, timesheets, invoicing and vehicle records. You are solely responsible for the Customer Data you submit and for ensuring you have all rights and consents necessary to submit it.

5.2 You must not use the Platform to upload, store, transmit, generate or make available any content, or to engage in any conduct, that:

• is unlawful, or that is objectionable within the meaning of the Films, Videos, and Publications Classification Act 1993, or that is otherwise prohibited under New Zealand or Australian law;
• depicts, promotes or constitutes child sexual exploitation material, or any other content the possession or distribution of which is a criminal offence;
• is defamatory, harassing, threatening, abusive, or invasive of another person's privacy;
• infringes the intellectual property rights, confidentiality rights or other rights of any third party;
• contains personal information of individuals collected or disclosed without a lawful basis or required consent;
• contains malware, or is designed to disrupt, damage, gain unauthorised access to, or impair any system, network or data;
• imposes an unreasonable or disproportionate load on the Platform's infrastructure, or attempts to probe, scan or test the vulnerability of the Platform; or
• misuses the Platform for any purpose unrelated to the Customer's legitimate business or operations.

5.3 We may, acting reasonably, remove or restrict access to content, or suspend or terminate accounts, where we consider on reasonable grounds that there has been a breach of this clause 5 or of applicable law. Where the law requires immediate action (for example, in respect of child sexual abuse material), we may act without prior notice and may make required reports to relevant authorities.

6.1 As between the parties, the Customer owns all Customer Data. You grant us a non-exclusive licence to host, store, process, transmit, back up and otherwise handle Customer Data solely as necessary to provide, secure and maintain the Platform (including providing support and fixing faults), to improve the Platform using only aggregated, de-identified data, to provide the AI features in clause 9, to operate the optional TTM Evidence linkage in clause 6.5, and to perform our obligations and exercise our rights under these Terms.

6.2 The categories of data handled through the Platform include:

• account information, including name, email, company and mobile number and, where the Customer uses Microsoft sign-in, the User's Microsoft account identifier;
• job records, site addresses and GPS coordinates;
• hazard and risk assessments and control measures;
• site photos and videos and uploaded PDFs;
• site induction records, including names, roles, company, email, mobile number, CoPTTM or NZGTTM ID number, PPE worn, a first-aid-trained flag, a fit-for-work tick, the person's daily pre-start answers (including whether they feel safe and well to start work), declaration acceptance and signatures;
• client and client-contact details, including company name, address, contact name, email and mobile number;
• traffic management plan contacts: for plans prepared in TMP Design, the client, contractor and subcontractor companies and a contact person's name, phone number and email address for each, the road controlling authority contact's name, phone number and email address, and a company list the Customer may keep for re-use (company name, contact person, phone number, email address and an optional logo);
• staff records and pay rates;
• vehicle details, including vehicle registration numbers;
• booking and scheduling data, including booking purchase-order (PO) numbers, the "booking person" contact (name, email and mobile number), and availability and public-holiday data;
• commercial records, including historical billing records from earlier pricing arrangements between the Reseller and its customers;
• for Users who opt in to link TTM Evidence, their TTM Evidence linkage identifiers (TTM Evidence user id, TTM Evidence email and the CoPTTM or NZGTTM ID number held on TTM Evidence);
• server logs, IP addresses and usage data; and
• acceptance records evidencing agreement to versioned Terms (user id, email, version accepted, IP address, timestamp and user agent), as described in clause 16.3.

6.3 Some information handled through the Platform may constitute limited health-related information, for example the first-aid-trained flag, the fit-for-work tick and the daily pre-start answers in site induction records (including whether a person feels safe and well to start work), or detail recorded in connection with an incident. We do not claim never to collect health-related information. We handle any such information under the same security and privacy safeguards that apply to other personal information, in accordance with our Privacy Policy and applicable privacy law (including, to the extent it applies, the Health Information Privacy Code 2020). Health and fitness information in site induction records (the first-aid-trained flag, the fit-for-work tick and the daily pre-start answers), and the email addresses and mobile numbers held in a job's induction records, crew list, foreman details and HRC 008 form, are removed before any AI review of a job's paperwork. A number or other detail that a User types into a free-text field (such as notes, comments or the first-aider field), or that is inside an uploaded file or photo, is sent as written (clause 9.2). We do not otherwise use health-related information for AI processing or for profiling. The Customer is the agency that collects this information and is primarily responsible for its lawful collection and handling.

6.4 You are responsible for ensuring that any personal information you submit (including about your personnel, clients, booking contacts and other third parties) has been collected and may be disclosed to us, to our Sub-processors, and (where the User opts in) to TTM Evidence lawfully, that affected individuals have been informed as required by applicable privacy law, and (in relation to offshore AI processing) that the authorisations described in clause 9.5 have been obtained.

Optional TTM Evidence linkage

6.5 A User may optionally choose to link their Platform account to a TTM Evidence account. TTM Evidence is a separate app at app.ttmevidence.co.nz, also operated by BYT, that maintains workers' verifiable traffic-management experience records. Although accessed on a .co.nz domain, TTM Evidence is hosted in Australia, on a BYT-controlled Vultr server in Sydney with its database and file storage on Supabase (Amazon Web Services) in Sydney (clause 7.6), and personal information in it is handled under our Privacy Policy. Linking is optional and user-initiated: the User enters their TTM Evidence email, receives a 6-digit verification code, and confirms the link. No linkage and no disclosure to TTM Evidence occurs unless and until the User completes this opt-in process.

6.6 Once a User has linked their account, the Platform automatically and on an ongoing basis transmits, server-to-server, that User's relevant records to TTM Evidence for the purpose of building the worker's portable, verifiable experience record. The information disclosed for that User is limited to: the worker's email and Platform user identifier; the record type (induction sign-on, STMS role, TMO role or closure); the job or site title; the site name (the site address or job description); the relevant timestamps; the Customer's account identifier and the Platform's job and induction reference numbers; for induction sign-ons, the worker's name, company and CoPTTM or NZGTTM ID number as entered on the induction; for STMS and TMO roles, the worker's name as entered on the job; and, for closures, the closure types and the number of temporary speed limits recorded as installed. This is a cross-border disclosure of personal information to TTM Evidence, a separate app also operated by BYT and hosted in Australia. Once received by TTM Evidence, these records are associated with the worker's TTM Evidence profile, which may hold additional personal information (for example, contact details, licence classes, CoPTTM or NZGTTM ID number and other credential records). That broader profile is outside these Terms, but all personal information in TTM Evidence is handled by BYT under our Privacy Policy. TTM Evidence is identified as a recipient in clause 7.6. If a User does not link, no such disclosure to TTM Evidence occurs for that User.

7.1 This clause describes where Customer Data is hosted and processed, except that, in addition to the locations below, where the Customer has turned the AI features on, certain Customer Data is sent overseas for processing, in the United States and other countries, as described in clause 9 (AI Features and Offshore Processing), and certain linked Users' records are disclosed to TTM Evidence as described in clause 6.6, and backup copies are kept in the locations in clause 7.9. This clause 7 is not a complete statement of data location on its own and must be read together with clauses 6.6 and 9.

7.2 Compute and the application server run on a Vultr cloud virtual machine located in Sydney, Australia, operating within Docker containers.

7.3 Uploaded media files (site photos, videos and uploaded PDFs) are stored in managed object storage (Supabase Storage, backed by Amazon Web Services) in the Sydney region (ap-southeast-2), Australia. That storage is access-controlled and encrypted at rest. We also keep a backup copy of uploaded media on our application server in Sydney (clause 7.2), on access-controlled storage, and encrypted backup copies in Cloudflare R2 storage, as described in clause 7.9. Media is encrypted in transit as described in clause 7.8. Our specific security controls may change over time as we maintain and improve the Platform.

7.4 The structured database is a Supabase PostgreSQL database hosted on Amazon Web Services in the Sydney region (ap-southeast-2). That database is encrypted at rest by AWS.

7.5 Cloudflare, Inc. (a United States company, operating through the edge location nearest to each user) provides the public domain, a secure tunnel, content delivery network (CDN) and DDoS protection for the Platform. All traffic between Users' browsers or devices and the Platform, including Customer Data in requests and responses, passes through and is processed by Cloudflare in transit, and Cloudflare may transiently cache content at edge locations, which means content may transiently leave the Sydney region.

7.6 Sub-processors and recipients. We engage the following Sub-processors and disclose Customer Data to the following recipients in connection with the Platform. We will give the Customer notice of any new or replacement Sub-processor before it begins processing Customer Data:

• Vultr - Sydney, Australia - cloud compute (application server) - data location: Australia.
• Amazon Web Services (via Supabase) - Sydney region (ap-southeast-2) - managed PostgreSQL structured database and object storage for uploaded media, both encrypted at rest by AWS - data location: Australia.
• BYT-controlled backup equipment - Queensland, Australia - older encrypted backups of uploaded media made before 15 October 2026, held until they age out (clause 7.9) - data location: Australia.
• Cloudflare, Inc. - United States-headquartered company, nearest edge location - domain, secure tunnel, CDN and DDoS protection - all user traffic to and from the Platform passes through Cloudflare in transit; transient global edge caching may occur outside Australia; and storage of encrypted backups of uploaded media (Cloudflare R2, placed in Cloudflare's Oceania region, which does not guarantee a particular country).
• Resend - a United States company; our email is sent from its Tokyo, Japan sending region - transactional email delivery (for example, account, password-reset and notification emails); recipient email addresses and email message content pass through Resend - data location: Japan and the United States.
• Google (Gmail) - the United States and other countries - the email inbox of BYT's operator, which receives platform alerts and email sent to BYT; if a Reseller staff member marks in-app feedback as an emergency, the alert quotes up to 1,500 characters of that feedback with the sender's name, email address and company identifier - offshore.
• Browser push services - operated by the maker of each User's browser (for example Google for Chrome and Android, Apple for Safari and iOS, Mozilla for Firefox, Microsoft for Edge) - for Users who turn on push notifications only: deliver notifications to that User's device; the service receives the device's push subscription address and the notification in encrypted form - offshore.
• OpenStreetMap Foundation - United Kingdom, delivered through a global content-delivery network - map tiles for the Platform's maps, requested directly by each User's browser; each request reveals the approximate area being viewed and the User's IP address - offshore.
• Land Information New Zealand (LINZ) Basemaps - New Zealand - aerial imagery, elevation data and map label fonts for the TMP Design site designer, requested directly by the User's browser; each request reveals the approximate area being viewed and the User's IP address - data location: New Zealand.
• OpenStreetMap Foundation's Nominatim service - overseas - turns an address into a map position, or a position into an address; our server sends the address text or the coordinates, not the User's IP address - offshore.
• NZ Transport Agency road data on Esri ArcGIS Online - Esri is a United States company - road details for a site, in the planning tools or with the Find RP button for a job's site; our server sends the site's approximate coordinates, or the road's name or identifier - offshore.
• Public OpenStreetMap Overpass servers - overseas - road lines and mapped cycle lanes for a site; our server sends the site's coordinates, and in the public demo of the site designer, used without signing in, the visitor's browser sends the clicked coordinates directly - offshore.
• TTM Evidence (app.ttmevidence.co.nz) - a separate app also operated by BYT, hosted in Australia on a BYT-controlled Vultr server in Sydney with its database and file storage on Supabase (Amazon Web Services) in Sydney, with personal information handled under our Privacy Policy - for Users who opt in to link their account only: receives that User's induction sign-ons and STMS, TMO and closure records to build the worker's portable experience record, as described in clause 6.6 - data location: Australia.
• OpenRouter (United States) and the AI services on the AI Provider List - AI processing of certain Customer Data, only where the Customer has turned the AI features on, as described in clause 9 - data location: overseas, in the United States and other countries.
• Customer-authorised integrations - only where the Customer connects them, and under the Customer's own agreement with that provider: (a) Xero - when an authorised User sends a booking or a TMP record to Xero, the Platform creates a draft invoice in the Customer's own Xero organisation, or adds the booking's lines to an existing draft invoice the User names; these invoices contain the client's name, the PO, booking, TMP and job or reference numbers, the site, the dates and hours worked, crew and vehicle counts, rates, fees and any gear hire lines. To help match client names, the Platform also reads the names of the Customer's Xero customer contacts. Where the Customer turns on payroll export, the Platform reads the employee list (names, email addresses and pay calendars) and earnings rates from the Customer's Xero Payroll, so the Customer can match staff to employees, and sends the hours worked on approved time sheets to Xero Payroll as timesheets for the matched employees, replacing any timesheet the Platform sent earlier for the same period; (b) Microsoft Entra ID (Microsoft sign-in) - where the Customer uses Microsoft sign-in, its Users sign in through the Customer's own Microsoft directory, and the Platform receives the User's email address and Microsoft account identifier; and (c) Connect your AI - where we have made Connect your AI available to the Customer, the Customer has the AI features turned on, and a User with the Customer's Admin role creates an access key, the AI assistant the Customer connects with that key (for example Claude) can read, but not change, the Customer's records: jobs (job number, date, site address, work description, client name and status), a summary of each job's paperwork including crew names, day sheets (crew names and roles, vehicles and registrations, closure types, planned times and notes), who is booked off and why (for example leave or sick) and normal days off, vehicle registration, WoF/CoF and service dates, and staff qualification expiry dates. Photos and signatures are not included. That information goes to the provider of the assistant the Customer chose, which may process it outside New Zealand under the Customer's own agreement with that provider. We log each request made with a key, and a User with the Admin role can revoke a key at any time in Settings, after which it stops working straight away. These integrations are used only on the Customer's instruction. The Customer can disconnect Xero, or revoke a Connect your AI key, at any time in Settings.

7.7 The TTM Evidence linkage in clause 6.6 results in disclosure to TTM Evidence only for those Users who have opted in. The map, address and road lookup services in clause 7.6 receive only what each request needs: map tile requests (which, like any web request, carry the requesting browser's IP address), the address text or coordinates being looked up, or a site's approximate location, road name or road identifier. They do not receive the broader body of Customer Data. Resend receives only the email addresses and message content of the transactional emails it delivers. The browser push services receive only the push subscription address and the encrypted notification for Users who have turned notifications on.

7.8 Data is encrypted in transit using HTTPS/TLS in all cases. The structured database is encrypted at rest by AWS as described in clause 7.4, uploaded media is encrypted at rest in managed object storage as described in clause 7.3, and our backup copies of uploaded media held away from the application server are encrypted.

7.9 Our database host (Supabase) takes daily backups of the database and keeps them for about 7 days on a rolling basis. Every night we also take our own encrypted copy of the database, which is uploaded to Cloudflare R2 storage placed in Cloudflare's Oceania region and kept for about 35 days. We also keep our own backups of uploaded media (site photos, videos and uploaded documents): a working copy on our application server in Sydney and, every night, an encrypted copy, which is uploaded directly to Cloudflare R2 storage placed in Cloudflare's Oceania region (which does not guarantee a particular country). Older encrypted copies made before 15 October 2026 are also held on BYT-controlled backup equipment in Queensland, Australia, and its encrypted off-site copy in Cloudflare R2, until they age out. A file deleted from the Platform can remain in these backups for up to about 13 months (clause 10.3).

7.10 While we implement reasonable technical and organisational measures appropriate to the nature of the Platform, no system is completely secure, and we do not warrant that the Platform will be free from unauthorised access, loss or interference. This general disclaimer does not displace the specific security representations made in this clause 7 as at the effective date, and is subject to the privacy-breach notification obligations described in clause 8.

8.1 We handle personal information in accordance with our Privacy Policy and with applicable privacy law. Our primary privacy framework is the New Zealand Privacy Act 2020, including the 13 Information Privacy Principles (IPPs). Where limited health information is handled, we and the Customer comply with the Health Information Privacy Code 2020 to the extent it applies; the Customer is the collecting agency and bears primary controller responsibility for that information.

8.2 As between the Customer and us, the Customer is generally the agency (controller) for Customer Data, and we act on the Customer's behalf in providing the Platform. Where a privacy breach occurs that is likely to cause serious harm, the notifiable privacy breach scheme under the Privacy Act 2020 applies. Where we are the agency, we will notify the Office of the New Zealand Privacy Commissioner and affected individuals as soon as practicable. Where the Customer is the agency, we will notify the affected Customer as soon as practicable after becoming aware of a breach affecting that Customer's data, providing sufficient information to enable the Customer to meet its own notification obligations, and we will reasonably cooperate with the Customer.

8.3 BYT follows the Australian Privacy Principles, and complies with the Privacy Act 1988 (Cth) where it applies to BYT.

8.4 Privacy complaints may be made to the Office of the New Zealand Privacy Commissioner (privacy.org.nz) or to the Office of the Australian Information Commissioner (oaic.gov.au).

8.5 Platform accounts and logins are for adults acting in trade; a User must be at least 18 (clause 3.3). We do not, however, represent that no personal information about a person under 18 is ever processed: a worksite induction or similar safety record lawfully entered by a User may, for example, include a 16- or 17-year-old apprentice. Where a record incidentally includes an individual under 18, that information is handled for the same safety record-keeping purpose as any other such record, and the Customer is responsible for any consent or notice required for that individual.

8.6 Access and correction. Individuals may request access to, and correction of, personal information held about them by contacting us at [email protected]. We will respond without undue delay and, where the Privacy Act 2020 applies, within 20 working days. Because the Customer is generally the agency for Customer Data, we may route a request to the relevant Customer to action. If access or correction is refused, the individual may complain to the Office of the New Zealand Privacy Commissioner.

9.1 Parts of the Platform use AI models (large language models, or LLMs) to help with the Customer's traffic-management paperwork and plans. They are used to: (a) read uploaded hazard registers, forms and photos, including through the in-job "Import other (AI)" option, and turn them into draft hazard, risk and control items for a User to review; (b) draft the hazard, risk and control rows for a traffic management plan from the plan's details and the Customer's hazard library; (c) check a draft traffic management plan's risk register for likely gaps, as advice only; and (d) check a job's completed paperwork for likely errors before it is exported to PDF and when the day is closed out, as advice only. The AI features are off for each Customer unless the Customer turns them on (clause 9.5); while they are off, no Customer Data is sent to the AI services. The AI models are reached through OpenRouter, a United States-based routing service, and run on the services named in the AI Provider List.

9.2 The data sent for AI processing includes uploaded hazard-register files (spreadsheets and PDFs, including PDFs rendered to images), photographed forms, the hazard, risk and control text contained within them, and job form data, including a job's site induction records when the paperwork check in clause 9.1(d) runs, with the health and fitness fields removed, and with the email addresses and mobile numbers in those induction records, the crew list, the foreman details and the HRC 008 form removed (clause 6.3). For a traffic management plan, it includes the plan's details (such as its title, site address and road, speed limits, closure types, work description and affected parties), the Customer's hazard library and the draft risk register. As a result, some Customer Data is sent overseas for processing, as described in clauses 9.3 and 9.4.

No retention and no training

9.3 On every AI request, the Platform instructs OpenRouter to send it only to services that OpenRouter lists as zero data retention, and only to services that do not use data to train AI models. Under the terms OpenRouter has with them, those services may hold the data briefly while they produce the answer, but do not store it after the answer is returned and do not use it for training. OpenRouter passes the request on without keeping its content, and keeps a record of each request (such as its time, model, size and cost). These are commitments made by OpenRouter and the providers under their own terms. We set and test these settings, but we do not control OpenRouter or the providers, cannot check what they do with the data, and do not warrant or guarantee their conduct beyond their own commitments. A provider may also keep or disclose data where the law requires it. The providers' data-use policies are available on their websites.

Offshore transfer and IPP 12

9.4 The AI processing happens overseas. The services on the AI Provider List run in the United States and may run in other countries where those providers operate, and we do not limit AI processing to New Zealand or Australia. The United States is not a country prescribed as having privacy safeguards comparable to New Zealand's, we do not rely on any other country being prescribed, and the AI services may not be required to protect the information in a way that, overall, provides comparable safeguards to those in the Privacy Act 2020. The no-retention and no-training settings in clause 9.3 limit what the services keep and how they use the data; they are not, on their own, a guarantee of comparable safeguards.

9.5 Because the AI features involve sending personal information about individuals (including third parties such as workers named in induction records and forms) overseas, the Customer (and each User acting on the Customer's behalf) warrants that, before submitting any third-party personal information for AI processing, it has: (a) expressly informed each affected individual that their information may be sent to and processed by the AI services on the AI Provider List, overseas in the United States and other countries, and that those services may not be required to protect the information in a way that, overall, provides comparable safeguards to those in the Privacy Act 2020; and (b) obtained that individual's authorisation to the disclosure for the purposes of Information Privacy Principle 12(1)(a) of the Privacy Act 2020. The AI features are off for each Customer unless a User with the Customer's Admin role turns them on in Settings after reading a plain-English disclosure, and we record who turned them on, which wording they accepted and when. Any User with the Admin role can turn the AI features off again in Settings at any time, and we or the Reseller may also turn them off. Where the Customer's agreement with the Reseller rules out AI, the AI features stay off and cannot be turned on. While they are off, no Customer Data is sent to the AI services.

• Sub-processors for AI processing (overseas): OpenRouter (routing service, United States) and the AI services on the AI Provider List. These are included in the consolidated Sub-processor list in clause 7.6.

Human-in-the-loop and advisory nature

9.6 AI-extracted and AI-drafted hazard items are advisory and provided in draft only, and a person must review them. Hazard items extracted from an uploaded file are saved only after a User has gone through every row and ticked a box confirming they have reviewed them. Hazard rows drafted for a traffic management plan are added to the plan for review, and the plan can only be accepted when a User ticks a box confirming they have read each line and agree with the risk and control for each hazard. The same offshore-transfer disclosures and per-Customer AI switch apply to every AI feature.

9.7 AI output is not a substitute for professional safety judgement. You remain solely responsible for reviewing, verifying and exercising independent professional judgement over all hazard, risk and control information, whether or not it was AI-assisted.

9.8 By using the AI features, you confirm the offshore transfer and processing described in this clause 9, you warrant that you are authorised to submit the relevant data for that purpose, and you confirm that the IPP 12 authorisations in clause 9.5 have been obtained.

10.1 Account information and Customer Data are retained while the Customer's subscription remains active.

10.2 On termination of the subscription for any reason (including lapse of the Reseller subscription and termination for cause), a 60-day export window applies. A suspended or ended account cannot be signed in to, so during the export window we will export the Customer's data for it on request. We will provide structured data in a machine-readable format (for example, CSV or JSON) and media in its original file formats, and will provide reasonable assistance with the export on request. After the export window ends, we delete Customer Data from our active systems when we close the Customer's account. We close an account when the Customer asks us to, or once it is clear the Customer is not coming back. Until then the data stays stored but locked, and the Customer's Users cannot sign in to it. On request, we will close the account and delete the data at the end of the export window, and confirm the deletion in writing. The Customer is responsible for exporting, before the export window ends, any records it must keep under the Health and Safety at Work Act 2015, NZGTTM, its client contracts or any other law, and for keeping them for as long as it is required to; we do not keep Customer Data to meet the Customer's own record-keeping obligations after the export window.

10.3 Customer Data may persist in backups after deletion from active systems: in the database host's daily backups for about 7 days, in our own encrypted database backups for about 35 days, and in our backups of uploaded media for up to about 13 months, after which it is deleted in the ordinary course (clause 7.9).

10.4 Server logs are retained for up to 90 days. Acceptance records (clause 16.3) are evidentiary and are retained for the duration of the relationship and for a further period not exceeding 24 months after the relationship ends, to evidence agreement to versioned Terms and to enable us to enforce our agreements.

10.5 We may retain information for longer where required by law, or where reasonably necessary to resolve disputes, enforce our agreements or comply with our legal obligations. Records that a User has pushed to TTM Evidence through the optional linkage in clause 6.6 are held in TTM Evidence, a separate app also operated by BYT, as part of that worker's own experience record and are handled under our Privacy Policy; deletion of Customer Data from our systems does not, of itself, delete records already held in TTM Evidence.

11.1 We (and our licensors) own all intellectual property rights in and to the Platform, including its software, design, structure, branding and documentation. Except for the limited rights expressly granted in these Terms, no rights are granted to you in the Platform.

11.2 The Customer retains ownership of Customer Data, subject to the licence granted in clause 6.1.

11.3 If you provide feedback or suggestions about the Platform, we may use them without restriction or obligation to you.

12.1 We may suspend or terminate your access to the Platform, in whole or in part, where: (a) the Customer's subscription with the Reseller lapses, is suspended or is terminated; (b) you breach these Terms (including the acceptable-use provisions in clause 5); (c) we reasonably consider suspension necessary to protect the Platform, other users, or any person; or (d) we are required to do so by law. Suspension or termination does not curtail the export window in clause 10.2.

12.2 Where practicable and lawful, we will give notice before suspension or termination, but we may act immediately where the circumstances (including unlawful content or a security risk) reasonably require.

12.3 On termination, the data-retention and deletion provisions in clause 10 apply and operate after termination. Clauses which by their nature should survive termination survive, including clauses 5 (acceptable use, to the extent of any residual right to act on content already flagged or held), 6 (Customer Data), 8 (Privacy, including breach notification), 9 (AI features and offshore-processing warranties and consents), 10 (data retention and deletion), 11 (intellectual property), 13 (warranties, disclaimers and consumer law), 14 (limitation of liability), 15 (indemnity) and 16 (general).

13.1 The Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we exclude all warranties, representations and guarantees not expressly set out in these Terms, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free or free from harmful components.

13.2 The Platform is an operational tool for recording and managing safety paperwork. It does not provide, and is not a substitute for, professional safety, health and safety, legal, engineering or other professional advice. You remain responsible for compliance with all applicable health-and-safety and traffic-management laws and standards.

Business use and contracting out (parties in trade)

13.3 The Customer acknowledges that it acquires and uses the Platform in trade for business purposes, and we supply it in trade. As between BYT and the Customer (each being in trade), and to the maximum extent permitted by law: (a) the guarantees and remedies under the New Zealand Consumer Guarantees Act 1993 do not apply, and the parties contract out of that Act under section 43; and (b) the parties contract out of sections 12A and 13 of the New Zealand Fair Trading Act 1986 under section 5C of that Act. This contracting-out operates only as between BYT and the Customer as parties in trade, and does not apply to any individual User in a personal capacity who is not contracting in trade.

13.4 The parties agree that it is fair and reasonable for them to be bound by clause 13.3, having regard to: each party being in trade and acquiring or supplying the Platform for business purposes; the parties' relative bargaining positions and ability to obtain independent advice; the availability of these Terms for review before acceptance; and the negotiated allocation of risk reflected in the liability cap and indemnity. The parties acknowledge that a court may nonetheless review whether it is fair and reasonable to be bound by the contracting-out.

13.5 Nothing in clause 13.3 limits or excludes liability for our own misleading or deceptive conduct or misrepresentations, and nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including (where they apply and cannot lawfully be contracted out of) any rights under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

13.6 Where a guarantee under the Australian Consumer Law applies and cannot lawfully be excluded, our liability for failure to comply with that guarantee is limited, to the extent permitted by section 64A of the Australian Consumer Law, at our option to: (a) re-supplying the relevant services or paying the cost of having them re-supplied; or (b) where the failure relates to Customer Data, restoring the affected Customer Data from the most recent available backup, or paying the reasonable cost of doing so. The supply under these Terms is to a person acquiring the Platform in trade for business purposes and not as a consumer for the purposes of ordinary personal, domestic or household use.

14.1 To the maximum extent permitted by law, neither party is liable to the other for any indirect, incidental, special or consequential loss, or for any loss of profits, loss of revenue, loss of business, loss of anticipated savings or loss of goodwill, in each case however arising and whether in contract, tort (including negligence), under statute or otherwise. This exclusion does not apply to loss of, or damage to, Customer Data to the extent caused by our breach of the security or backup obligations described in clause 7 or our negligence; liability for such Customer Data loss is recoverable as direct loss, subject to the cap in clause 14.2.

14.2 To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Platform and these Terms is limited to the greater of: (a) the fees paid for the Customer's tenant (as defined in clause 4.4, regardless of which entity collected them) in the 12 months immediately before the event giving rise to the claim; or (b) NZD $5,000.

14.3 The limitations and exclusions in this clause 14 do not apply to liability that cannot be excluded or limited by law, and are subject to clauses 13.5 and 13.6.

14.4 Each party must take reasonable steps to mitigate its loss.

15.1 To the maximum extent permitted by law, the Customer indemnifies us and our personnel against all losses, liabilities, costs and expenses (including reasonable legal costs) arising out of or in connection with: (a) use of the Platform in breach of these Terms or applicable law; (b) any Customer Data or content that is unlawful, objectionable, or infringes the rights of any third party; (c) any breach of the acceptable-use provisions in clause 5; (d) any infringement or misappropriation of intellectual property rights through use of the Platform; (e) any failure to obtain the IPP 12 authorisations warranted in clause 9.5; and (f) any claim by a third party (including any of the Customer's personnel or any individual whose information is submitted) arising from the Customer's or its Users' acts or omissions.

15.2 The indemnity in clause 15.1 does not extend to loss or liability to the extent it is caused by our own breach of these Terms, negligence or wilful misconduct. The indemnity binds the Customer organisation and not individual Users acting within the scope of their role.

15.3 To the maximum extent permitted by law, the Customer's total aggregate liability under this clause 15 is limited to the same amount as our liability under clause 14.2, worked out in the same way. As with clause 14.3, this limit does not apply to liability that cannot be limited or excluded by law.

15.4 This indemnity, and the limit in clause 15.3, survive termination of these Terms.

16.1 These Terms are governed by and construed in accordance with the laws of New Zealand.

16.2 The parties submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute arising out of or in connection with these Terms.

16.3 We may amend these Terms from time to time. Where we publish a new version, you will be required to click to accept the updated Terms the next time you open or sign in to the Platform while online, and material updates require fresh acceptance before continued use. For any material change that is adverse to the Customer, we will give the Customer advance notice, and if the Customer does not accept the change, the Customer may terminate and export its Customer Data under clause 10.2 without penalty. We record your acceptance (with your user id, email, the version accepted, IP address, timestamp and user agent) for the purpose of evidencing your agreement to the version of the Terms accepted; this acceptance record is personal information handled under clause 8 and retained under clause 10.4.

16.4 We may assign or novate our rights and obligations under these Terms (including to a successor in the operation of the Platform), provided that any assignee or novatee agrees in writing to be bound by terms no less protective of Customer Data and privacy than these Terms. We will give the Customer notice of any such assignment or novation, and the Customer may terminate and export its Customer Data under clause 10.2 if it objects to a novation or a change of control of the operator. You may not assign your rights under these Terms without our prior written consent.

16.5 If any provision of these Terms is held to be invalid or unenforceable, that provision is severed to the minimum extent necessary and the remaining provisions continue in full force.

16.6 No failure or delay by a party in exercising any right operates as a waiver of that right. A waiver is effective only if given in writing.

16.7 These Terms, together with our Privacy Policy (available at https://ttmcontrol.co.nz/privacy and incorporated by reference) and (as between the Customer and the Reseller) the commercial subscription arrangement, constitute the entire agreement between the parties in relation to the Platform and supersede all prior representations and agreements on that subject.

16.8 For any questions about these Terms, contact us at [email protected].

16.9 Notices. Where these Terms say we will give the Customer notice (including of a new Sub-processor, a suspension, a change to these Terms or an assignment), we will do so by a notice in the Platform, by email to the Users with the Customer's Admin role at the email addresses held for them in the Platform, or both. An email notice is treated as received on the next New Zealand working day after it is sent. The Customer must keep at least one current Admin email address in the Platform. The Customer may give notice to us at [email protected].