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Terms of Service

Version 1.1  ·  Effective Date: 11 November 2025  ·  Entity: Hosti Limited, a New Zealand Limited Liability Company (a subsidiary of Stack Mosaic Ltd)

1. Overview

These Terms of Service ("Terms") govern your access to and use of the Hosti software-as-a-service platform ("Platform"), which includes our web applications, mobile applications, and associated modules.

By creating an account or otherwise using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you (the "Customer") and Hosti Limited ("we," "us," or "our").

Hosti is designed primarily for hospitality businesses such as bars, restaurants, cafés, and multi-site operators, but may also be adopted by other sectors. While we endeavour to provide a robust and reliable Platform, we make no guarantee that the Platform will be uninterrupted, free from error, or suitable for every business case.

The Services are provided for business use only. You represent that you are at least 18 and authorised to bind the Customer.

If you do not agree to these Terms, you must not use the Platform.

If you are an EU or UK consumer, any mandatory rights under your local law prevail over conflicting terms in these Terms.

2. Definitions

For clarity throughout these Terms:

  • "Platform" means the Hosti software, including but not limited to stocktaking modules, compliance tools, reporting dashboards, predictive ordering, and all future modules added under the Hosti brand.
  • "Modules" means any discrete feature-sets available within the Platform (e.g. Stocktake, Predictive Ordering, Compliance Reporting).
  • "Account" means the central administrative profile created by a Customer, through which subscriptions are managed and Users are invited.
  • "User" means any individual authorised by the Customer to access the Account (including staff, managers, accountants, and contractors).
  • "Trial Period" means any time-limited or usage-limited period of free access granted before paid subscription is required.
  • "Effective Date" means the earlier of (a) the date you first created an Account, or (b) the date you first accessed the Platform.
  • "Services" means access to and use of the Platform, including maintenance, updates, and support provided by Hosti Limited.
  • "Documentation" means any user guides, onboarding instructions, help articles, or other written materials provided or published by Hosti Limited describing the operation or configuration of the Platform.
  • "Order Form" means any online checkout page, in-app purchase confirmation, or written agreement that specifies the scope of Services, subscription plan, fees, and billing cycle agreed between the Customer and Hosti Limited.

2.A Additional Definitions

  • "App Stores" means the digital distribution services operated by Apple Inc. (Apple App Store) and Google LLC (Google Play Store) through which the mobile versions of the Platform may be obtained, updated, or billed.
  • "Customer Personal Data" means any personal information (as defined under applicable Data Protection Laws) that is supplied to, collected, or otherwise processed by Hosti Limited on behalf of the Customer or its Users through the use of the Platform.
  • "Data Protection Laws" means all privacy, data-protection, and information-security laws applicable to the processing of Customer Personal Data, including without limitation the New Zealand Privacy Act 2020, the EU General Data Protection Regulation (2016/679) ("GDPR"), the UK GDPR and Data Protection Act 2018, the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (collectively "CCPA/CPRA"), and any substantially similar law or regulation that may apply in another jurisdiction.
  • "Subprocessor" means any third-party entity engaged by Hosti Limited to process Customer Personal Data on its behalf in connection with the Services.
  • "DPA" or "Data Processing Addendum" means the Hosti Data Processing Addendum referenced in Section 9.1.

3. Eligibility and Account Registration

By registering for an Account, you represent and warrant that you are authorised to act on behalf of the business, organisation, or venue for which the Account is created; that you will provide complete and accurate information at registration, including venue and billing details; and that you will ensure ongoing accuracy by updating your Account information as necessary.

We reserve the right to suspend or terminate Accounts where registration information is found to be false, incomplete, or misleading.

The Customer is responsible for all activity carried out by its Users, for assigning and revoking User permissions and roles, and for ensuring that Users comply with these Terms.

4. Subscriptions, Trials, and Billing

4.1 Subscription Scope

Each subscription applies to a single venue. Multiple Users may access the same venue Account, subject to permission settings controlled by the Customer. Additional venues require separate subscriptions.

4.2 Free Trial

We may offer a free trial period. Trial terms (duration, module access, or usage caps) are published at the time of sign-up and may vary. Unless cancelled before the trial ends, billing will commence automatically at the standard subscription rate.

4.3 Billing and Payment

  • Fees are stated in New Zealand Dollars (NZD) unless otherwise specified.
  • Fees are payable in advance, monthly or annually, via Stripe or other designated processors.
  • Subscription fees are inclusive of GST (where applicable).
  • Prices for New Zealand Customers are GST-inclusive. Prices for non-New Zealand Customers exclude all taxes, duties, and withholdings, which you are responsible for.
  • Except as stated in Section 5, fees are non-refundable.

We may adjust pricing with no less than 30 days' written notice. Continued use of the Platform after the effective date of a pricing change constitutes acceptance.

4.4 Renewals

Subscriptions renew automatically on the same calendar day each month or year, until cancelled. Cancel at least 24 hours before the renewal time to avoid the next charge.

4.5 App Store Subscriptions

If you purchase through the Apple App Store or Google Play Store, the billing, refund, and cancellation policies of that store apply. Cancelling or deleting your Account in-app does not cancel payments managed by Apple or Google; those must be managed through your store account settings.

4.6 App Store Beneficiaries

For purchases via the Apple App Store, Apple is a third-party beneficiary of Sections 4.5-4.6 and may enforce them. Equivalent terms apply for Google in respect of payments managed by Google Play. Apple and Google have no obligation to furnish any maintenance or support in respect of purchases made through their stores.

5. Cancellations, Downgrades, and Refunds

5.1 Cancellation by Customer

You may cancel at any time via the Hosti dashboard. Cancellation takes effect at the end of the current billing cycle, after which your Account transitions to read-only mode. In read-only mode, you may view and export historical data but cannot enter new data or access paid features. Data remains accessible for at least 12 months post-cancellation.

5.2 Downgrades

Downgrades take effect at the start of the next billing cycle. We do not issue credits for unused features within the current cycle.

5.3 Refunds

Refunds are generally not provided except where required under the New Zealand Consumer Guarantees Act 1993, where required by mandatory consumer laws in your jurisdiction, or at our discretion for critical defects materially preventing use of the Platform. Annual plans are non-refundable except where required by law.

5.3A EU/UK Right of Withdrawal. If you purchase as a consumer, you may withdraw within 14 days except where you request immediate performance, in which case you acknowledge the right is lost when service begins. This does not apply to business Customers.

5.4 Failed Payments

If a payment attempt fails, your Account immediately enters read-only mode. You retain access to view and export data but cannot perform stocktakes, place orders, or access paid modules. Stripe (or the app store) will retry payment for up to 7 days. If unsuccessful, the Account remains locked until the balance is settled or until 12 months have elapsed, after which data may be deleted.

5.5 Consumer Protection Rights

Nothing in these Terms limits your non-waivable rights under local consumer laws. Where local law provides stronger protections than these Terms, those protections will apply.

5.6 Account Deletion

Customers may delete their account via the in-app settings or by contacting us at office@hosti.co.nz. Identity verification may be required.

6. Acceptable Use

You agree to use the Platform only for lawful business purposes, in compliance with all applicable laws and regulations in your jurisdiction. Prohibited activities include using the Platform in connection with any illegal, abusive, fraudulent, or misleading activity; attempting to interfere with, hack, probe, or reverse-engineer the Platform; accessing or attempting to access another customer's data without permission; circumventing security or usage restrictions; sharing credentials beyond your authorised Users; and uploading or transmitting malicious code.

6.1 Export Controls

You represent that you are not a prohibited party and will not use the Services in embargoed jurisdictions or for prohibited end-uses under applicable export/sanctions laws.

6.2 High-Risk Activities

The Services are not designed for life-support, safety-critical, or mission-critical uses. Any such use is at Customer's own risk.

7. Beta Features and Feedback

From time to time, we may release features designated as Beta Features. These are provided "as is" without warranty of stability, accuracy, or availability, and may be withdrawn at any time without notice. By using Beta Features, you grant us a royalty-free, irrevocable, worldwide licence to use any feedback you provide for any purpose, including product improvement. Beta Features are excluded from any service credits or uptime commitments.

8. Intellectual Property

All intellectual property rights in the Platform are owned by or licensed to Stack Mosaic Ltd (the parent entity of Hosti Limited). You may not modify, duplicate, copy, resell, sublicense, or distribute any part of the Platform, or use the Platform to build or support a competing service.

Customer Data: You retain ownership of the data you input into the Platform. By using the Platform, you grant us a licence to use, process, store, and analyse your data solely for the purpose of providing the Services and generating anonymised and aggregated insights.

Generated Content: Certain modules may create content based on your data. As between the parties, you own 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 and the DPA.

8.4 Our Indemnity: We will defend and indemnify the Customer against third-party claims alleging that the Services infringe a patent, copyright, or trade mark. If such a claim arises, we may procure the right to continue, modify the Services, or provide a non-infringing alternative. If none of these is commercially reasonable, we may terminate the affected portion of the Services and refund prepaid fees pro-rata.

8.5 Customer Indemnity: Customer will defend and indemnify us against claims arising from Customer Data, unlawful use, or combinations not provided by us.

8.6 Exclusions: No indemnity where claim arises from combinations, modifications not made by us, or use contrary to Documentation.

9. Privacy and Data

Your use of the Platform is subject to our Privacy Policy, which forms part of these Terms and is incorporated herein by reference. Certain modules (e.g. predictive ordering, payments) require integration with third-party services such as Stripe, which process financial data under their own terms. We may use anonymised and aggregated data for research, benchmarking, or commercial partnerships, but will not disclose identifiable data without consent.

9.1 Data Processing Addendum

The Hosti Data Processing Addendum ('DPA') is incorporated into these Terms and governs our processing of Customer Personal Data under applicable Data Protection Laws.

9.2 Roles

Customer is controller/business and Hosti Limited is processor/service provider of Customer Personal Data. We will process Customer Personal Data solely to provide the Services and as documented in the DPA and Privacy Policy.

9.3 Security and Incident Notification

We implement appropriate technical and organisational measures. We will notify Customer without undue delay of any personal-data breach affecting Customer Personal Data.

9.4 Subprocessors

We maintain a list of Subprocessors available on request and will provide advance notice of material changes.

9.5 CCPA/CPRA Service Provider Language

For CCPA/CPRA, we act as a service provider. We do not sell or share Customer Personal Data. We will not retain, use, or disclose Customer Personal Data for purposes other than providing the Services or as permitted by law.

10. Availability, Maintenance, and Support

We aim to provide a reliable and continuously available Platform. Uninterrupted access cannot be guaranteed. Support is provided via email at office@hosti.co.nz. We aim to respond within 5 business days. Response times may vary during periods of high demand or New Zealand public holidays. No guaranteed service level applies unless expressly agreed in an Order Form.

We disclaim liability for unavailability caused by third parties or force majeure, provided that we act reasonably and in good faith to restore services.

11. Limitation of Liability

To the maximum extent permitted by law, Hosti Limited and its directors, officers, employees, and contractors will not be liable for indirect, incidental, punitive, or consequential damages; loss of profits, revenue, goodwill, or anticipated savings; data loss or corruption except where caused by gross negligence or wilful misconduct; or business interruption resulting from use of the Platform.

Aggregate liability cap: Our total liability in any 12-month period is limited to the fees paid or payable in the 12 months preceding the claim. For claims arising from a breach of Data Protection Laws or the DPA, our aggregate liability is capped at the higher of the general cap above or 150% of the fees paid or payable in the 12 months preceding the claim.

Carve-outs: Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, wilful misconduct, IP indemnity obligations under Section 8.4, or any liability that cannot be limited or excluded by law.

12. Termination

We may suspend or terminate access to the Platform if you materially breach these Terms (including non-payment, prohibited use, or IP infringement), if we are required to do so by law, or if continuing to provide services would expose us to undue risk. Upon termination or cancellation, the Customer may export available data for 30 days. Clauses relating to intellectual property, limitations of liability, governing law, and dispute resolution survive termination.

13. Changes to These Terms

Material changes will be notified via in-app announcement or email to Account Owners at least 30 days before taking effect. Continued use of the Platform after such notice constitutes acceptance. If you do not agree to changes, your sole remedy is to terminate your Account before the changes take effect.

14. 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 expressly overridden by mandatory consumer laws in your place of residence. The courts of Auckland, New Zealand have exclusive jurisdiction, except that EU/UK consumers may bring claims in their local courts. Nothing in these Terms is intended to deprive you of legal rights afforded by your local laws.

15. Contact and Notices

In-app and email notices constitute notices "in writing" under the New Zealand Electronic Transactions Act 2002.

16. Order of Precedence

In the event of conflict: (1) Order Form, (2) DPA, (3) these Terms, (4) Documentation, (5) Privacy Policy. These Terms constitute the entire agreement regarding the Services. Customer purchase order or procurement terms do not apply unless expressly agreed in writing in an Order Form.

17. General

  • Severability: Invalid terms do not affect the rest.
  • No Waiver: Failure to enforce is not a waiver.
  • Assignment: You may not assign without consent; we may assign to an affiliate or in connection with a reorganisation or sale.
  • Force Majeure: No liability for delays caused by events beyond reasonable control.
  • Independent Contractors / No Agency.
  • No Third-Party Beneficiaries: Except as stated in Section 4.6, there are no third-party beneficiaries to these Terms.
  • Governing Language: These Terms are drafted in English. Translations are for convenience only, and the English version controls.