Terms & Conditions

Introduction

Last updated: 9th July 2026

NiMO Booking Ltd (“NiMO”) requires users (“You”) of its services and software, to accept and adhere to these terms and conditions (the “Terms”). This Agreement governs the purchase and use of NiMO’s services, and by accessing or using any part of the services, the Customer is agreeing to the terms and conditions described below.

These Terms of Service apply to your use of the NiMO booking platform, websites, applications, support services, payment tools, messaging tools, onboarding services, and related software services (together, the “Services”). By creating an account, starting a trial, paying for a subscription, or using the Services, you agree to these Terms. If you use the Services on behalf of a business, you confirm that you are authorised to accept these Terms for that business. NiMO may update these Terms from time to time. If we make material changes, we will give reasonable notice. If you continue using the Services after the changes take effect, you accept the updated Terms.

1. The Services

NiMO provides cloud-based booking and business anaylst tools for organisations operating across various verticals and industries. Subject to these Terms, NiMO grants you a limited, non-exclusive, non-transferable right to access and use the Services for your internal business purposes during your subscription period.

You are responsible for keeping your account information accurate, protecting your login details, and controlling access to your account. You are responsible for all activity that happens under your account, including activity by your staff, contractors, administrators, and other authorised users.

You must not misuse the Services. This means you must not copy, reverse engineer, scrape, overload, interfere with, or attempt to gain unauthorised access to the Services. You must not use the Services for unlawful, misleading, harmful, infringing, abusive, or security-compromising activity. You must not use the Services to build or support a competing product or allow anyone other than your authorised users to access the Services.

You are responsible for making sure your own use of the Services complies with laws that apply to your business, customers, bookings, industry, location, marketing activity, payment processing, and data handling. This may include industry-specific rules for health, beauty, fitness, hospitality, education, professional services, trades, events, or other sectors using the platform.

NiMO may update, improve, modify, suspend, or discontinue parts of the Services from time to time. We will try to minimise disruption where practical. We may suspend access immediately if needed to protect security, prevent misuse, perform urgent maintenance, comply with law, or address unpaid fees.

2. Customer Data and Platform Data

You own the data, content, records, customer details, booking information, messages, files, and other information that you or your authorised users submit to the Services (“Customer Data”). NiMO does not claim ownership of the Customer Data.

You grant NiMO permission to host, store, process, transmit, display, and use Customer Data as needed to provide, support, secure, improve, and administer the Services. You are responsible for ensuring that you have the rights, notices, consents, and lawful basis needed to collect and use Customer Data through the Services.

NiMO may collect and use usage data, performance data, diagnostic data, and aggregated or de-identified data to operate, analyse, improve, and develop the Services. NiMO will not use aggregated or de-identified data in a way that identifies you, your business, or your customers.

Personal information will be handled in accordance with NiMO’s Privacy Policy and applicable privacy laws. As NiMO expands, these may include the New Zealand Privacy Act 2020, the Australian Privacy Act 1988 and Australian Privacy Principles, and the UK GDPR and Data Protection Act 2018, where applicable.

3. Third-Party Services and Integrations

The Services may connect with third-party services, including payment processors, messaging providers, calendar tools, accounting systems, analytics services, AI providers, or other integrations. If you enable an integration, you authorise NiMO to exchange relevant Customer Data with that third-party service as needed for the integration to work.

Third-party services are not controlled by NiMO. NiMO is not responsible for their availability, security, performance, terms, privacy practices, or actions. You are responsible for reviewing and complying with any third-party terms that apply to services you choose to connect.

If the Services include AI-assisted features, outputs may be incomplete, inaccurate, or unsuitable for your specific purpose. You are responsible for reviewing and validating any AI-generated content before relying on it or sharing it with customers.

4. Intellectual Property

NiMO and its licensors own all rights in the Services, including software, design, technology, trademarks, documentation, templates, workflows, and other platform materials. Except for the limited right to use the Services under these Terms, no rights are transferred to you.

If you give NiMO feedback, suggestions, or ideas about the Services, NiMO may use them without restriction or obligation to compensate you.

5. Fees, Billing, and Taxes

You must pay the fees for the plan, add-ons, usage, messaging and AI credits, payment features, support package, or other services you select. Unless stated otherwise, subscription fees are charged in advance and may renew automatically until cancelled. If you cancel your subscription mid-period, you retain access to premium features until the end of your current billing cycle.

You authorise NiMO and its payment providers to charge your nominated payment method for all fees and applicable taxes. If payment fails or fees are overdue, NiMO may notify you and may suspend or terminate access if payment is not made within the stated grace period.

Unless required by law or expressly stated otherwise, fees are non-refundable. This includes unused subscription time, unused SMS or messaging credits, downgrades, partial months, and unused account capacity. Free credits for the various monthly plan allocations expire at the end of the month and cannot be accumulated.

You are responsible for all taxes, duties, levies, GST, VAT, sales taxes, withholding taxes, and similar charges that apply to your use of the Services, except for taxes based on NiMO’s income.

6. Free Trials

NiMO may offer a free trial. Trial access is provided for evaluation only, on an “as is” basis, and may be limited by time, booking volume, features, messaging credits, or other usage limits. NiMO may modify, suspend, or end a free trial at any time.

1. When 100 bookings have been created;
2. When 14 days have passed; or
3. When SMS or messaging credits are purchased.

7. Changes to Services and Pricing

NiMO may change the Services, features, plans, limits, and pricing from time to time. If we make a material change to paid pricing, we will give at least 30 days’ notice where practical. If you do not agree to a pricing change, you may cancel before the change takes effect.

8. Term, Cancellation, and Data Export

These Terms apply while you have an account, trial, subscription, or other access to the Services. You may cancel your account through the cancellation process made available by NiMO. Cancellation takes effect at the end of the current paid period unless NiMO confirms otherwise.

NiMO may suspend or terminate your access if you breach these Terms, fail to pay fees, misuse the Services, create security or legal risk, or if NiMO stops providing the Services or a material part of them.

Before cancelling, you are responsible for exporting or backing up any Customer Data you need. After cancellation or termination, NiMO may deactivate your account and delete Customer Data in accordance with its standard processes and Privacy Policy, unless law requires otherwise.

9. Confidentiality

Each party may receive confidential information from the other. Confidential information includes non-public business, technical, product, financial, customer, pricing, security, and operational information that a reasonable person would understand to be confidential.

Each party must protect the other party’s confidential information using reasonable care and must only use it for purposes connected with these Terms. Confidential information may be shared with employees, contractors, advisers, affiliates, and service providers who need to know it and are subject to suitable confidentiality obligations.

These obligations do not apply to information that is public through no fault of the receiving party, already known without restriction, independently developed without use of the confidential information, lawfully received from another source, or required to be disclosed by law.

10. Privacy

NiMO’s collection, use, storage, disclosure, and protection of personal information is described in NiMO’s Privacy Policy. You must make sure your own privacy notices, customer consents, and data handling practices are appropriate for your business, industry, and location.

11. Disclaimers

The Services are provided on an “as is” and “as available” basis except where these Terms state otherwise or where law requires otherwise. NiMO does not promise that the Services will be uninterrupted, error-free, completely secure, or suitable for every industry, customer, use case, or legal requirement. You are responsible for deciding whether the Services are suitable for your business.

12. Liability

To the fullest extent permitted by law, NiMO will not be liable for indirect, consequential, special, punitive, or exemplary loss, or for loss of profit, revenue, goodwill, data, business opportunity, or business interruption.

To the fullest extent permitted by law, NiMO’s total liability arising out of or relating to the Services or these Terms is limited to the fees you paid to NiMO for the Services in the one month before the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including liability under applicable consumer protection, fair trading, or data protection laws.

13. Your Indemnity

You agree to defend and indemnify NiMO and its affiliates against third-party claims, losses, costs, damages, and expenses arising from your Customer Data, your breach of these Terms, your unlawful use of the Services, or your dealings with your own customers.

14. Publicity

Unless you ask us not to, NiMO may identify your business as a customer using your business name and logo in customer lists, investor materials, websites, and promotional materials. You may withdraw this permission by giving written notice, and NiMO will process the request within a reasonable time.

15. Assignment

You may not assign or transfer these Terms without NiMO’s prior written consent, except as part of a genuine sale or transfer of your business. NiMO may assign or transfer these Terms as part of a merger, acquisition, restructure, sale of assets, or transfer to an affiliate.

16. Notices

NiMO may send notices by email, through the Services, or to the contact details listed in your account. You are responsible for keeping your account contact details current.

17. Disputes and Legal Costs

Before starting formal legal action, each party should first try to resolve any dispute in good faith by escalating the issue to a senior representative. If legal proceedings are necessary, the successful party may recover reasonable legal costs where permitted by law.

18. Relationship of the Parties

These Terms do not create a partnership, joint venture, agency, employment, franchise, or fiduciary relationship between NiMO and you.

19. No Third-Party Beneficiaries

These Terms are for the benefit of NiMO and you only. They do not give rights to any other person unless expressly stated.

20. Injunctive Relief

A breach of confidentiality, intellectual property, security, or misuse obligations may cause harm that money alone cannot remedy. In those cases, the affected party may seek urgent court orders or other equitable relief.

21. Events Outside Our Control

Neither party will be responsible for delay or failure to perform obligations, other than payment obligations, caused by events outside its reasonable control. This may include natural disasters, power failures, internet outages, cyber incidents, labour disruptions, government action, war, epidemics, supply shortages, or failures of third-party providers.

22. Time Limits for Claims

To the fullest extent permitted by law, any claim relating to these Terms or the Services must be brought within six months after the claiming party first knew, or reasonably should have known, about the facts giving rise to the claim.

23. Governing Law and Region-Specific Terms

These Terms are governed by the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the New Zealand courts, unless a separate written agreement or mandatory local law requires otherwise.

NiMO is expected to operate first in New Zealand and may later expand into Australia and the United Kingdom. Some local laws may apply depending on where you, your business, your customers, or your end users are located. These may include consumer protection, fair trading, privacy, electronic communications, tax, and industry-specific laws. Nothing in these Terms is intended to exclude rights that cannot legally be excluded under applicable law.

24. General Terms

If any part of these Terms is found to be invalid or unenforceable, the rest will continue to apply. A failure to enforce a right is not a waiver of that right. These Terms, together with any order form, plan terms, privacy policy, data processing terms, support terms, or product-specific terms referenced by NiMO, form the agreement between you and NiMO for the Services.