Version 1.3 · Effective date: 5 October 2026
Terms of Service
1. Overview
These Terms of Service ("Terms") govern access to and use of the Hosti software-as-a- service platform ("Platform"), including our web app, our iOS and Android mobile apps, and associated Modules. They are a binding agreement between you (the "Customer") and HOSTI LIMITED ("Hosti", "we", "us").
By creating an Account or using the Platform you confirm that you have read and agree to these Terms. If you do not agree, do not use the Platform.
Hosti is built for hospitality businesses such as bars, restaurants, cafés and multi-site operators, but other businesses may use it. The Platform is for business use only. You confirm that you are at least 18 and authorised to bind the Customer. We work to keep the Platform reliable but do not guarantee that it will be uninterrupted, error-free or suitable for every business.
If you are an EU or UK consumer, mandatory rights under your local law prevail over any conflicting term in these Terms.
2. Definitions
"Account" means the central administrative profile a Customer creates, through which subscriptions are managed and Users are invited. "AI Features" means Platform features that use artificial intelligence to answer questions or to extract information from photos and documents. "App Stores" means the Apple App Store and Google Play, through which the mobile apps are distributed. "Customer Content" means everything the Customer and its Users enter into or upload to the Platform, including stock counts, products, recipes, orders, invoices, supplier details, photos and documents. "Customer Personal Data" means personal information within Customer Content or otherwise processed by Hosti on the Customer's behalf.
"Data Protection Laws" means privacy and data-protection laws that apply to Customer Personal Data, including the New Zealand Privacy Act 2020, the Australian Privacy Act 1988, the EU and UK GDPR and the California Consumer Privacy Act, as applicable. "Documentation" means user guides, onboarding instructions and help articles published by Hosti. "Modules" means the discrete feature sets of the Platform, such as Hosti Core, Supplier Optimisation and Ops Intelligence, and any module added later. "Order Form" means the web checkout page or written agreement that sets out the plan, fees and billing cycle. "Services" means access to and use of the Platform, including maintenance, updates and support provided by Hosti. "Subprocessor" means a third party engaged by Hosti to process Customer Personal Data. "Trial" means the free trial described in section 4. "User" means any individual the Customer authorises to access its Account, including staff, managers, accountants and contractors.
3. Eligibility, Accounts and Users
By registering for an Account you confirm that:
you are authorised to act for the business, organisation or venue the Account is created for; the information you provide, including venue and billing details, is complete and accurate, and you will keep it up to date.
We may suspend or terminate an Account where registration information is false, incomplete or misleading.
The Customer, and in particular the venue owner or Account owner, is responsible for every User it invites to the Account. That includes assigning and removing permissions and roles, making sure invited Users comply with these Terms, and all activity carried out under their logins.
4. Free Trial
4.1 No card required. Every new venue Account starts with a free Trial. You do not enter a
payment card to start it, and we never charge you automatically when it ends.
4.2 How long it lasts. The Trial ends at the earlier of (a) three completed stocktakes, or (b)
30 days after it starts. A stocktake counts as completed when every active department that has areas has submitted its count. Submitting one department on its own does not complete a stocktake, and the product and opening-stock imports during setup do not count.
4.3 Reminder. We email the Account owner before the Trial ends, early enough to finish a
stocktake cycle. The reminder is not a payment notice, because nothing is charged.
4.4 When the Trial ends. The Account becomes read-only. Your data is preserved and you
can view and export it, but you cannot enter new data or use paid features until you subscribe on the Hosti web app. The app shows a persistent prompt explaining how.
4.5 Monthly or annual. The Trial is the same whichever billing frequency you later choose.
You choose monthly or annual billing when you subscribe, not when the Trial starts.
4.6 New Modules. If we release a new Module after your Trial began, you receive a one-
time 14-day trial of that Module. It does not extend the main Trial.
5. Subscriptions and Billing
5.1 One subscription per venue. Each subscription covers a single venue. Multiple Users
can access that venue, subject to the permissions the Customer sets. Additional venues need their own subscriptions.
5.2 Plans and Modules. Hosti Core is the base subscription and includes Performance &
Incentives. Supplier Optimisation and Ops Intelligence are add-on Modules, available separately or together. Live Sales is not yet available. Current plans, Modules and prices are shown on hosti.co.nz and at checkout in the web app. We may add or change Modules, and a change to what a Module includes does not alter a subscription you have already paid for until its next renewal.
5.3 Currency and GST. Fees are in New Zealand dollars (NZD). Prices are shown excluding
GST. New Zealand GST, currently 15%, is added at checkout and shown before you confirm payment. For Customers outside New Zealand, any taxes, duties and withholdings are the Customer's responsibility unless checkout says otherwise.
5.4 Billing cycle and payment. You can subscribe monthly or annually. Fees are payable in
advance through Stripe. Hosti does not see or store your card details. Stripe processes payments under its own terms.
5.5 Where you subscribe. Subscriptions and add-ons are bought and managed by the Account owner, on the Billing page of the
Hosti web app only. The iOS and Android apps do not sell subscriptions, take payment or offer in-app purchases, and Apple and Google do not bill or manage Hosti subscriptions.
5.6 Renewal. Subscriptions renew automatically each month or year until cancelled. To
avoid the next charge, cancel at least 24 hours before the renewal time.
5.7 Price changes. We will give at least 30 days' written notice of a price change. If you do
not accept it, you can cancel before it takes effect and will not be charged the new price.
5.8 Early-access pilots. A venue in an early-access pilot is also bound by its Pilot
Participation Agreement. If that agreement conflicts with these Terms, it prevails for the pilot.
6. Cancellation, Read-Only Mode and Refunds
6.1 Cancelling. You can cancel at any time from the billing portal in the Hosti web app.
Cancellation takes effect at the end of the current billing period, after which the Account becomes read-only.
6.2 Read-only mode. In read-only mode your data is preserved and you can view and
export it. You cannot enter new data, run stocktakes, place orders or use paid features. An Account becomes read-only when a Trial ends, when a subscription ends, or when a payment fails.
6.3 Failed payments. If a payment fails, the Account becomes read-only straight away.
Stripe may retry the payment automatically. Full access returns once the balance is paid.
6.4 Downgrades. Removing a Module or moving to a lower plan takes effect at the start of
the next billing period. We do not credit unused features within the current period.
6.5 Refunds. Fees are generally non-refundable. We refund where the New Zealand
Consumer Guarantees Act 1993 or another mandatory consumer law requires it, and we may refund at our discretion for a critical defect that materially prevents use of the Platform. Annual plans are non-refundable except where the law requires otherwise.
6.6 EU and UK consumers. If you buy as a consumer, you may withdraw within 14 days,
unless you ask for the service to start immediately, in which case the right is lost once the service begins. This does not apply to business Customers.
6.7 Consumer rights. Nothing in these Terms limits rights that cannot be waived under
consumer law. Where local law gives stronger protection than these Terms, that protection applies.
7. AI Features
7.1 What they do. Some Platform features use artificial intelligence, provided by
Anthropic, to answer questions inside the app and to extract information from photos and documents such as invoices and sales reports. When you use an AI Feature, the relevant Customer Content is sent to our AI provider to produce the result. Our Privacy Policy explains what is sent and how it is handled.
7.2 Monthly allowance. Each plan includes a monthly AI allowance, shown in the app. Only
successful AI processing counts towards it. Failed attempts and imports that do not use AI do not count. The allowance resets each month.
7.3 Extension. If you use your allowance, you can buy a one-off extension on the web app
for NZD 40, excluding GST.
7.4 Output is assistive. AI output can be wrong or incomplete. It is not financial,
accounting, tax or legal advice. Check it before you rely on it, including extracted invoice lines, figures and suggested orders.
8. Customer Content
8.1 Third-party documents. You may upload documents that belong to or come from
others, such as supplier contracts, artist and festival riders, and invoices. By uploading one, you confirm that you are entitled to do so, that doing so does not breach any confidentiality obligation you owe, and that you are happy for it to be processed by the Platform, including by AI Features.
8.2 Information about people. If you enter personal information about staff, contractors
or other individuals, you confirm that you are authorised to do so and that you have given those people any notice the law requires. We do not try to identify your customers or patrons.
8.3 Your Users. The venue owner is responsible for the Users they invite, including what
those Users enter or upload, as set out in section 3.
8.4 Accuracy. You are responsible for the accuracy of Customer Content you enter,
including stock counts and recipes, and for checking Platform output against your own records before you rely on it.
9. Acceptable Use and Beta Features
9.1 Acceptable use. Use the Platform only for lawful business purposes. You must not use
it for anything illegal, abusive, fraudulent or misleading; interfere with, hack, probe or reverse-engineer it; access another customer's data; get around security or usage limits; share credentials beyond your authorised Users; or upload malicious code.
9.2 Export controls. You confirm that you are not a prohibited party and will not use the
Services in embargoed jurisdictions or for prohibited end-uses under applicable export and sanctions laws.
9.3 High-risk use. The Services are not designed for life-support, safety-critical or
mission-critical use. Any such use is at your own risk.
9.4 Beta Features. We may release features marked Beta. They are provided as is, without
any warranty of stability, accuracy or availability, and we may withdraw them at any time without notice. Beta Features are excluded from any service credits or uptime commitments. If you give us feedback on a Beta Feature, you grant us a royalty-free, irrevocable, worldwide licence to use it for any purpose, including improving the Platform.
10. Intellectual Property
10.1 Ownership. All intellectual property rights in the Platform are owned by or licensed to
HOSTI LIMITED. You may not modify, copy, resell, sublicense or distribute any part of the Platform, or use it to build or support a competing service.
10.2 Customer Content. You keep ownership of your Customer Content. You grant us a
licence to use, process, store and analyse it only to provide the Services and to produce anonymised, aggregated insights.
10.3 Generated content. Some Modules generate content from your data. As between
you and us, you own the outputs generated from your data, subject to third-party rights. We may use outputs only in anonymised and aggregated form, consistent with the Privacy Policy.
10.4 Our indemnity. We will defend and indemnify you against third-party claims that the
Services infringe a patent, copyright or trade mark. If such a claim arises, we may obtain the right for you to continue, modify the Services, or provide a non-infringing alternative. If none of these is commercially reasonable, we may end the affected part of the Services and refund prepaid fees pro rata.
10.5 Your indemnity. You will defend and indemnify us against claims arising from your
Customer Content, your unlawful use of the Platform, or combinations of the Platform with items we did not provide.
10.6 Exclusions. We have no indemnity obligation where a claim arises from combinations
or modifications we did not make, or from use contrary to the Documentation.
11. Privacy, Data and Deletion
11.1 Privacy Policy. Our Privacy Policy forms part of these Terms. It explains what we
collect, which Subprocessors handle it, where it is stored and how long we keep it. Where we say "Privacy Policy" in these Terms, we mean the current version at hosti.co.nz/legal/privacy.
11.2 Roles. For personal information the Customer enters about staff, contractors and
others, the Customer is the controller (or "business") and HOSTI LIMITED is the processor (or "service provider"). We process it only to provide the Services and as the Privacy Policy describes. Where Data Protection Laws require it, our Data Processing Addendum, available on request from privacy@hosti.co.nz, also applies.
11.3 Security and incidents. We use appropriate technical and organisational measures to
protect Customer Content. We will tell the Customer without undue delay of any personal-data breach affecting Customer Personal Data.
11.4 Subprocessors. The Subprocessors we use are listed in the Privacy Policy. We will
give advance notice of material changes to that list.
11.5 CCPA and CPRA. For California purposes, we act as a service provider. We do not sell
or share Customer Personal Data, and we will not retain, use or disclose it for any purpose other than providing the Services or as the law permits.
11.6 Export. The Account owner and venue admins can export Customer Content from
the Platform at any time, including while the Account is read-only.
11.7 Deleting your Account or venue. The Account owner can delete the Account in the
app under Settings, or by emailing support@hosti.co.nz. We may ask to verify identity for email requests. When a venue is deleted, there is a 48-hour window in which it can be recovered. After that, the venue and its data are permanently deleted.
11.8 Data after a Trial or subscription ends. When a Trial ends, a subscription ends or an
Account is locked for non-payment, we keep your data, read-only, for at least 12 months. After that we may permanently delete it. We will email the Account owner at least 30 days before we do, so that you can export your data. If you subscribe again before deletion, full access is restored. Data deleted from our live systems is removed from backups on the schedule set out in the Privacy Policy.
12. Availability and Support
We aim to provide a reliable and continuously available Platform, but we cannot guarantee uninterrupted access. Support is by email at support@hosti.co.nz. We aim to reply within 5 business days, and replies may take longer during busy periods and New Zealand public holidays. No service level applies unless an Order Form expressly says so. We are not liable for unavailability caused by third parties or events beyond our reasonable control, provided we act reasonably and in good faith to restore the Services.
13. Limitation of Liability
To the maximum extent permitted by law, HOSTI LIMITED and its directors, officers, employees and contractors are not liable for indirect, incidental, punitive or consequential loss; loss of profits, revenue, goodwill or anticipated savings; loss or corruption of data, except where caused by gross negligence or wilful misconduct; or business interruption resulting from use of the Platform.
Cap. Our total liability in any 12-month period is limited to the fees paid or payable in the 12 months before the claim. For claims arising from a breach of Data Protection Laws, the cap is the higher of that amount or 150% of the fees paid or payable in those 12 months.
Carve-outs. Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, wilful misconduct, the IP indemnity in section 10.4, or any liability that cannot be limited or excluded by law.
14. Termination
We may suspend or terminate access to the Platform if you materially breach these Terms (including by non-payment, prohibited use or infringing intellectual property), if the law requires it, or if continuing would expose us to undue risk. After termination or cancellation, your data is handled as set out in section 11.8. Clauses on intellectual property, limitation of liability, governing law and dispute resolution survive termination.
15. Changes to These Terms
We will notify Account owners of material changes by in-app announcement or email at least 30 days before they take effect. Continued use of the Platform after that date means you accept the changes. If you do not agree, your sole remedy is to cancel your Account before the changes take effect.
16. Governing Law and Jurisdiction
These Terms are governed by the laws of New Zealand, including the Contract and Commercial Law Act 2017 and the Consumer Guarantees Act 1993, unless mandatory consumer law where you live requires otherwise. The courts of Auckland, New Zealand have exclusive jurisdiction, except that EU and UK consumers may bring claims in their local courts. Where permitted, the parties may first try mediation or arbitration under New Zealand rules. Nothing in these Terms removes legal rights that you have under your local law, and where those rights are stronger than the protections here, they prevail.
17. Contact and Notices
Support: support@hosti.co.nz Privacy: privacy@hosti.co.nz Legal: legal@hosti.co.nz Security: security@hosti.co.nz Postal: HOSTI LIMITED, 78 Seaview Road, Paihia 0200, New Zealand
Formal legal notices must be in writing and delivered to the postal address above, or by email if receipt is confirmed. In-app and email notices count as notices in writing under the New Zealand Electronic Transactions Act 2002.
18. Order of Precedence
If these documents conflict, they rank in this order: (1) the Order Form, (2) any Pilot Participation Agreement, (3) the Data Processing Addendum, (4) these Terms, (5) the Documentation, (6) the Privacy Policy. These Terms are the entire agreement about the Services. A Customer's purchase order or procurement terms do not apply unless an Order Form expressly agrees to them in writing.
19. General
Severability: if a term is invalid, the rest still applies. No waiver: failing to enforce a right is not a waiver of it. Assignment: you may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a reorganisation or sale. Force majeure: neither party is liable for delay caused by events beyond its reasonable control. Independent parties: the parties are independent contractors and neither is the agent of the other. No third-party beneficiaries: no one other than the parties has rights under these Terms. Language: these Terms are written in English. Translations are for convenience only, and the English version controls.