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Terms Of Use EULA

Terms Of Use EULA Template for New Zealand

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Key Requirements PROMPT example:

Terms Of Use EULA

"I need a Terms of Use EULA for my new mobile gaming app launching in March 2025, compliant with New Zealand law, including in-app purchases and user-generated content provisions, suitable for both iOS and Android platforms."

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Document background
This Terms of Use and End User License Agreement (EULA) template is designed for businesses operating in New Zealand that provide software, digital services, or online platforms. The document is essential for establishing clear legal terms between service providers and users, incorporating requirements from New Zealand's Contract and Commercial Law Act 2017, Fair Trading Act 1986, Consumer Guarantees Act 1993, and Privacy Act 2020. It should be used when launching new software products, digital services, or online platforms, or when updating existing terms to ensure compliance with current legislation. The document covers critical aspects including license grants, usage restrictions, privacy practices, intellectual property rights, liability limitations, and termination procedures, all within the context of New Zealand's legal framework.
Suggested Sections

1. Parties: Identifies the service provider and defines who the user/licensee is

2. Background: Explains the purpose of the agreement and the service/software being provided

3. Definitions: Defines key terms used throughout the document

4. Acceptance of Terms: Explains how users accept the terms and when the agreement becomes binding

5. License Grant: Specifies the scope of the license and permitted uses of the software/service

6. User Obligations: Details the responsibilities and restrictions on users

7. Intellectual Property Rights: Establishes ownership of IP and protected content

8. Privacy and Data Protection: Explains how user data is collected, used, and protected in compliance with the Privacy Act 2020

9. Prohibited Activities: Lists activities that are not permitted when using the service/software

10. Termination: Describes how either party can end the agreement and the consequences

11. Disclaimer of Warranties: Outlines warranties and disclaimers in compliance with Consumer Guarantees Act

12. Limitation of Liability: Defines the limits of liability within NZ law

13. Changes to Terms: Explains how and when terms may be modified

14. Governing Law: Specifies New Zealand law as governing law and jurisdiction

Optional Sections

1. Third-Party Services: Include when the software/service integrates with third-party services

2. User Content: Include when users can create, upload, or share content

3. Payment Terms: Include for paid services or in-app purchases

4. Service Level Agreement: Include for cloud-based or online services with specific performance commitments

5. Age Restrictions: Include when service has age limitations or specific youth protections

6. Export Controls: Include when software/service may be subject to international export restrictions

7. Beta Testing Terms: Include for pre-release or beta versions of software

Suggested Schedules

1. Privacy Policy: Detailed privacy practices and data handling procedures

2. Acceptable Use Policy: Detailed rules and guidelines for acceptable use of the service

3. Service Level Targets: Technical specifications and performance metrics for the service

4. Fee Schedule: Pricing details and payment terms for paid services

5. Data Processing Agreement: Detailed terms for processing personal data, if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Authorized User
Content
Confidential Information
Documentation
Effective Date
Intellectual Property Rights
License
Personal Information
Privacy Policy
Products
Services
Software
Specifications
System Requirements
Term
Territory
Third-Party Content
Updates
User
User Account
User Data
Website
Access Credentials
Affiliate
Applicable Laws
Business Day
Consumer
Fees
Force Majeure Event
Harmful Code
Installation
License Key
Maintenance
Platform
Service Level Agreement
Support Services
Usage Data
We/Us/Our
You/Your
Clauses
License Grant
Intellectual Property
Acceptable Use
Privacy and Data Protection
User Registration
Access Rights
Service Availability
User Obligations
Prohibited Activities
Payment Terms
Termination
Liability Limitation
Warranties and Disclaimers
Indemnification
Force Majeure
Dispute Resolution
Governing Law
Assignment
Modification of Terms
Notice
Severability
Entire Agreement
Third Party Rights
Export Control
Data Security
Service Level
Support Services
Content Rights
User Generated Content
Account Security
Relevant Industries

Technology

Software Development

E-commerce

Digital Services

Mobile Applications

Cloud Computing

SaaS (Software as a Service)

Online Platforms

Gaming

Digital Content Distribution

Financial Technology

Education Technology

Healthcare Technology

Enterprise Software

Consumer Applications

Relevant Teams

Legal

Compliance

Product Development

Software Development

Information Technology

Privacy

Risk Management

Operations

Customer Support

Digital Services

Commercial Operations

Relevant Roles

Legal Counsel

Privacy Officer

Compliance Manager

Product Manager

Software Development Manager

Chief Technology Officer

Chief Legal Officer

Digital Services Manager

Risk Manager

Operations Director

Commercial Manager

IT Director

Chief Information Officer

Digital Products Manager

Business Development Manager

Industries
Contract and Commercial Law Act 2017: Governs electronic transactions and contract formation in New Zealand, ensuring electronic contracts are legally valid and enforceable
Fair Trading Act 1986: Prohibits misleading and deceptive conduct in trade, ensuring terms are fair and clearly communicated to users
Consumer Guarantees Act 1993: Sets out statutory guarantees for goods and services, including digital products and software
Privacy Act 2020: Regulates how personal information must be collected, used, stored and disclosed, crucial for data handling terms
Copyright Act 1994: Protects intellectual property rights and governs how software and digital content can be used and licensed
Unfair Contract Terms under the Fair Trading Act: Provisions that protect consumers from unfair contract terms in standard form consumer contracts
Commerce Act 1986: Regulates anti-competitive behavior and ensures terms don't include anti-competitive provisions
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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