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Terms of Service

HazNode Software Limited (New Zealand) · HazNode Software USA LLC (United States)

Updated July 2026

1. Welcome

These Terms of Service ("Agreement") govern your access to and use of the HazNode platform and associated services, including the browser-based application, data transmission, and storage ("Service"). By registering for or using the Service, you ("Subscriber") agree to be bound by this Agreement. Any new features added to the Service from time to time will also be subject to this Agreement unless expressly stated otherwise.

Who you are contracting with. The HazNode group operates through two contracting entities: HazNode Software Limited, a New Zealand company ("HazNode NZ"), and HazNode Software USA LLC, a Wyoming limited liability company ("HazNode US"). The entity that contracts with Subscriber is the entity named in the applicable Order Form, and that entity alone is the "HazNode" party to this Agreement. Where an Order Form does not name a HazNode entity, the contracting entity is HazNode NZ. The identity of the contracting entity determines the governing law and jurisdiction that apply under Section 14. Each entity contracts on its own behalf and is not liable for the obligations of the other.

2. Definitions

The following definitions apply throughout this Agreement:

"HazNode" means the HazNode contracting entity named in the applicable Order Form, being either HazNode NZ or HazNode US. Where an Order Form does not name a HazNode entity, "HazNode" means HazNode NZ.

"HazNode NZ" means HazNode Software Limited, a New Zealand limited liability company with its registered address at Perriam Place, RD3, Cromwell, New Zealand.

"HazNode US" means HazNode Software USA LLC, a limited liability company formed under the laws of the State of Wyoming, United States of America, with its registered address at 1309 Coffeen Avenue STE 1200, Sheridan, Wyoming 82801, United States of America.

"HazNode Group" means HazNode NZ, HazNode US, and any entity that controls, is controlled by, or is under common control with either of them.

"Currency" means the currency specified in the subscription details of the Order Form. All Fees and all monetary amounts referred to in this Agreement are expressed in, and payable in, the Currency.

"Analytics Data" means information gathered, prepared, computed, or derived by HazNode relating to the use or provision of the Services, provided that it does not identify or cannot reasonably be used to identify a specific individual.

"Application" means the HazNode software platform, including all modules made available to Subscribers from time to time.

"Effective Date" means the date on which a Subscriber's account is activated or as otherwise specified in an Order Form.

"Fees" means the charges payable by the Subscriber for access to the Service under the applicable Subscription Plan.

"Order Form" means any subscription order form, online subscription confirmation, or other documentation entered into between HazNode and the Subscriber that records the purchase of a subscription to the Service, including any Special Conditions it contains.

"Promotional Offer" means any discount, credit, fee waiver, free or reduced-price period, bundled service, or other promotional term that HazNode makes available from time to time.

"Special Conditions" means any terms recorded in an Order Form under a heading of "Special Conditions" (or similar) that vary, add to, or exclude terms of this Agreement for that Subscriber.

"Service" means the HazNode software application and associated services hosted and operated by HazNode and made available to Subscribers via haznode.com or another designated HazNode address, including all modules made available from time to time. The Service includes Elementor by HazNode, a module that enables chemical and hazardous substance inventory management, third-party data retrieval, and indicative risk assessment functionality.

"Subscriber" means the individual or organisation that has subscribed to the Service under the terms of this Agreement.

"Subscriber Data" means all data submitted to, stored in, sent through, or received via the Service by the Subscriber or any User.

"Subscription Plan" means the applicable service tier selected by the Subscriber and recorded in the Order Form — being Professional, Team, or Scale — as described on the HazNode website from time to time. HazNode may introduce, rename, or withdraw Subscription Plans; any such change takes effect for a Subscriber only at the start of a Renewal Term.

"Subscription Term" means the period beginning on the Effective Date and continuing for the duration specified in the Order Form, including any Renewal Terms.

"User" means any employee, representative, contractor, or agent of the Subscriber who is authorised to access and use the Service and has been issued login credentials.

3. Terms of Service

3.1 Acceptance

By registering for the Service, Subscriber acknowledges and agrees to be bound by this Agreement. Continued use of the Service following any update to this Agreement constitutes acceptance of the updated terms.

3.2 Internet Access

Subscriber is responsible for obtaining and maintaining all equipment, software, and internet connectivity required to access and use the Service. HazNode is not responsible for any failure or degradation of the Service attributable to Subscriber's network, hardware, or internet service provider.

3.3 Registration Information

Subscriber agrees to provide accurate, current, and complete information when registering for the Service and to promptly update that information to keep it accurate. HazNode reserves the right to suspend or terminate any account where registration information is intentionally inaccurate or materially misleading.

3.4 Notices and Communications

Subscriber agrees to provide HazNode with a valid email address and to maintain that address. HazNode may send all notices, statements, and communications to Subscriber by email or by posting within the Service. Notices sent to the email address on record are deemed received upon transmission.

3.5 User Access and Passwords

The number of Users Subscriber may authorise is limited to the number of seats purchased under the applicable Subscription Plan. Subscriber must assign unique credentials to each User and is prohibited from sharing credentials between individuals. Subscriber is solely responsible for maintaining the confidentiality of all passwords and for all activity conducted under its account. Reassignment of a seat from one individual to another is permitted.

3.6 Third-Party Software

Subscriber agrees to use browser software and network tools that are compatible with the security protocols used by HazNode, including TLS encryption. HazNode is not responsible for notifying Subscriber of upgrades to third-party software or for any compromise of data transmitted across networks not operated by HazNode.

3.7 Data Transmission

HazNode employs commercially reasonable security measures designed to protect Subscriber Data. However, Subscriber acknowledges that electronic transmission over the internet is inherently not fully secure, and HazNode is not liable for data that is lost, altered, or intercepted during transmission across networks not owned or operated by HazNode.

3.8 Proprietary Rights

a. The Service, Application, and all underlying software, technology, and intellectual property are and remain the exclusive property of HazNode and its licensors. Nothing in this Agreement transfers any ownership rights to Subscriber.

b. Each party retains all right, title, and interest in its own data and intellectual property. Subscriber's authorisation to use the Service is limited to the purposes set out in this Agreement and ceases upon expiry or termination.

c. If Subscriber or any User provides comments, suggestions, or feedback regarding the Service ("Feedback"), HazNode may use that Feedback for any purpose without compensation to Subscriber.

3.9 Confidentiality

Each party agrees to hold the other's Confidential Information in confidence, using at least the same degree of care it applies to its own confidential information, and in any event no less than reasonable care. "Confidential Information" means any information disclosed by one party to the other that is marked as confidential or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure.

Confidential Information does not include information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was already known to the receiving party at the time of disclosure; (iii) is received from a third party without restriction; (iv) is independently developed without use of the disclosing party's confidential information; or (v) is required to be disclosed by law or court order, provided the receiving party gives reasonable prior notice to the disclosing party where permitted.

Notwithstanding the above, HazNode may collect, use, and analyse Analytics Data to monitor, improve, and develop the Service. Analytics Data will not include names, contact details, or information traceable to a specific individual.

3.10 Compliance with Applicable Laws

HazNode will comply with the laws applicable to it in the jurisdiction of the contracting entity and with relevant internationally recognised data processing standards. Subscriber's use of the Service must comply with all laws applicable to Subscriber's operations, including laws relating to privacy, spam, unsolicited electronic communications, defamation, and intellectual property. It is Subscriber's responsibility to understand and comply with the laws applicable to its use of the Service in its own jurisdiction. Where Subscriber uses Elementor by HazNode in connection with hazardous substance management, compliance with all applicable hazardous substance and workplace health and safety legislation remains Subscriber's sole responsibility — including, in New Zealand, the Health and Safety at Work (Hazardous Substances) Regulations 2017 and the Hazardous Substances and New Organisms Act 1996, and, in the United States, the OSHA Hazard Communication Standard (29 CFR 1910.1200), applicable OSHA permissible exposure limits, and applicable EPA and state requirements. Outputs from Elementor do not constitute regulatory advice and do not relieve Subscriber of any obligation under applicable law.

Note: HazNode's Privacy Policy and Data Processing Addendum are incorporated into this Agreement by reference.

3.11 Acceptable Use — Email and Messaging

Where the Service is used to generate or send electronic communications, Subscriber must not:

  • use non-permission-based contact lists or purchased lists;
  • use third-party email addresses or mail servers without authorisation;
  • send communications to non-specific addresses (e.g. info@ or webmaster@);
  • send communications that generate an unreasonable volume of spam or unsolicited communication complaints;
  • fail to include a functioning unsubscribe mechanism where required by applicable law;
  • fail to comply with any unsubscribe request within 10 business days;
  • disguise or falsify the origin, subject matter, headers, or transmission path of any communication;
  • include chain letters, pyramid schemes, or content designed to encourage forwarding without consent.

4. Restrictions and Responsibilities

a. This Agreement provides Subscriber with access to the Service as a hosted software service. No licence to the underlying software code is granted. Subscriber must not, directly or indirectly: reverse engineer, decompile, or disassemble any part of the Service; modify, translate, or create derivative works based on the Service; copy (except as reasonably required for ordinary use), resell, sublicence, or otherwise transfer any rights in the Service; or use the Service for timesharing, bureau, or service provision on behalf of third parties.

b. Subscriber is responsible for obtaining and maintaining all hardware, software, and connectivity required to access the Service, and for ensuring that its equipment and systems are compatible with the Service requirements published by HazNode from time to time.

c. Subscriber is responsible for the security of its account, including all User credentials, and for all activity under its account whether or not authorised by Subscriber.

d. Subscriber shall not use the Service in any manner that violates applicable law or that infringes the intellectual property, privacy, or other rights of any third party. Subscriber agrees to indemnify HazNode against any loss, liability, or cost arising from Subscriber's breach of this clause.

e. HazNode has no obligation to monitor Subscriber's use of the Service but reserves the right to do so and to remove content or restrict access where HazNode reasonably believes a violation of this Agreement has occurred or is likely.

f. Where Subscriber or any User uses Elementor's PIN-based retrieval functionality to access data from the New Zealand Hazardous Substances register or any other third-party source, Subscriber is solely responsible for ensuring that it holds the appropriate authority to access the information associated with that PIN. HazNode has no liability for any retrieval made without appropriate authority, and Subscriber agrees to indemnify HazNode against any loss, liability, or cost arising from unauthorised retrieval initiated by Subscriber or any User.

g. Where Subscriber uses Elementor to generate risk ratings, hazard assessments, or other indicative outputs, Subscriber acknowledges that such outputs are for general guidance only and do not constitute occupational health, safety, legal, or compliance advice. Compliance with applicable legislation — including, in New Zealand, the Health and Safety at Work Act 2015 and the Health and Safety at Work (Hazardous Substances) Regulations 2017, and, in the United States, the Occupational Safety and Health Act of 1970 and regulations made under it — remains Subscriber's sole responsibility.

5. Fees and Billing

a. Fees are payable in advance for each billing period, in the Currency and at the billing frequency specified in the applicable Order Form. HazNode will issue invoices by email. Payment is due upon receipt of invoice. HazNode may automatically charge a stored payment method at the intervals specified in the Order Form.

b. Fees are calculated based on the applicable Subscription Plan (Professional, Team, or Scale) and the number of User seats. Subscribers may add Users at any time during a Subscription Term; additional seats will be invoiced at the then-current per-User rate, pro-rated to the end of the current Term. The User count at the end of a Term will carry forward into any Renewal Term.

c. All Fees are exclusive of applicable taxes, duties, or levies payable in any jurisdiction in which the Service is provided or payment is received, including New Zealand goods and services tax (GST), value added tax (VAT), and United States state and local sales, use, or similar transaction taxes. Where HazNode is required to collect and remit such taxes, these will be added to invoices. Subscriber is responsible for any taxes applicable to Subscriber's own operations. All payments must be made free and clear of any withholding or deduction; if Subscriber is required by law to withhold or deduct any amount, Subscriber must increase the amount payable so that HazNode receives the full amount it would have received had no withholding or deduction been made.

d. No refunds or credits will be issued if Subscriber terminates its subscription or cancels its account before the end of a Subscription Term.

e. Currency. HazNode offers subscriptions in a range of currencies. The Currency for a subscription is the currency stated in the subscription details of the Order Form, and all Fees, invoices, and payments under that subscription are denominated and payable in that Currency. Prices published on the HazNode website in one currency are indicative only in respect of any other currency and are not a conversion, quotation, or guarantee of the rate that will apply. Subscriber is responsible for any foreign exchange conversion costs, cross-border fees, or card issuer charges levied by its own bank or payment provider, and those amounts do not reduce the Fees payable to HazNode. HazNode may set or adjust the rates it publishes in any currency at any time; any change to the Fees for an existing subscription is governed by clause 5(h). Where a Subscriber wishes to change the Currency of an existing subscription, the change takes effect at the start of the next Renewal Term and is recorded in a new or amended Order Form.

f. Promotional Offers. HazNode may make Promotional Offers available from time to time, including introductory pricing, discounts, waived onboarding or setup fees, free or reduced-price periods, and bundled services. A Promotional Offer applies to a Subscriber only where it is expressly recorded in that Subscriber's Order Form, including in any Special Conditions. Marketing material, website pricing pages, campaign emails, and verbal representations do not by themselves entitle a Subscriber to a Promotional Offer. Unless the Order Form states otherwise: a Promotional Offer applies only for the Initial Term or the shorter period stated; it does not carry over into any Renewal Term, and Fees revert to the then-current standard rate for the applicable Subscription Plan at the start of the next Renewal Term; it is not transferable, has no cash value, and cannot be combined with any other Promotional Offer; and it applies only to the Subscription Plan, seat count, and Currency it was granted against. HazNode may withdraw or vary a Promotional Offer at any time in respect of future Order Forms, but withdrawal does not affect a Promotional Offer already recorded in an executed Order Form. Where Subscriber terminates before the end of a Subscription Term in which a Promotional Offer was applied, HazNode may invoice the discounted amount that was forgone in reliance on Subscriber completing that Term.

g. Payment processing. Card and other electronic payments are processed by third-party payment providers, including Stripe. By providing a payment method, Subscriber authorises HazNode and its payment provider to charge that method for all Fees due under the Order Form until the subscription ends and all amounts are paid. Subscriber is responsible for keeping its payment method current. HazNode does not store full payment card details. Use of a payment provider is subject to that provider's own terms, and HazNode is not liable for any act or omission of a payment provider.

h. Fee changes. HazNode may change the Fees applicable to a subscription with effect from the start of a Renewal Term by giving Subscriber at least 30 days' written notice before the end of the then-current Subscription Term. If Subscriber does not accept the change, Subscriber may give notice not to renew under clause 7(b), and the subscription will end at the expiry of the then-current Subscription Term. Fees will not change during a Subscription Term except where Subscriber adds User seats or changes Subscription Plan.

6. Non-Payment and Suspension

Fees not received by the due date are deemed delinquent. HazNode reserves the right to suspend Subscriber's access to the Service if any invoice remains unpaid for 30 or more days after the due date. User seats will continue to be charged during any period of suspension.

Delinquent invoices are subject to interest at the rate of 1.5% per month, compounded monthly, on any outstanding balance from the due date until payment in full, or the maximum rate permitted by the law governing this Agreement under Section 14, whichever is less, together with all reasonable costs of collection.

HazNode further reserves the right to terminate this Agreement if any invoice remains unpaid for 60 or more days. Subscriber acknowledges and agrees that HazNode has no obligation to retain Subscriber Data following termination for non-payment, and that such data may be irretrievably deleted.

7. Term, Users, and Termination

a. This Agreement commences on the Effective Date and continues for the duration of the Initial Term specified in the Order Form. Unless terminated in accordance with this Agreement, the subscription will automatically renew for successive periods equal to the Initial Term (each a "Renewal Term").

b. Subscriber may terminate a subscription or reduce the number of User seats, effective at the end of the then-current Subscription Term, by notifying HazNode at support@haznode.com with the subject line "Subscription Change" at least 30 days prior to the expiry of the Subscription Term. HazNode will acknowledge such notice by return email. If notice is given less than 30 days before expiry, no changes will take effect until the following Renewal Term. HazNode may likewise elect not to renew a subscription by giving Subscriber written notice at least 30 days prior to the expiry of the then-current Subscription Term, in which case the subscription ends at that expiry.

c. HazNode may immediately terminate this Agreement and Subscriber's access to the Service if Subscriber materially breaches this Agreement, including failure to pay Fees within 60 days of the due date, and such breach is not remedied within 14 days of written notice.

d. Upon termination (other than for Subscriber's breach), Subscriber is responsible for exporting its Subscriber Data prior to the termination date. HazNode will retain Subscriber Data for 60 days following termination, after which it may be permanently deleted. HazNode has no obligation to retain Subscriber Data beyond that period.

e. The following sections survive expiry or termination of this Agreement: 2 (Definitions), 3 (Terms of Service), 4 (Restrictions and Responsibilities), 5 (Fees and Billing — until all amounts are paid), 6 (Non-Payment and Suspension — until all amounts are paid), 7 (Term, Users, and Termination), 8 (Assignment), 11 (Indemnification), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 14 (Dispute Resolution), and 15 (General Provisions).

8. Assignment

Subscriber may not transfer or assign this Agreement or any rights or obligations under it without the prior written consent of HazNode. Any purported assignment without such consent is void. HazNode may assign this Agreement without restriction, including to a successor in connection with a merger, acquisition, or sale of substantially all of HazNode's assets. This Agreement will bind and benefit permitted successors and assigns.

9. Publicity Rights

HazNode may reference Subscriber's company name and, where provided, logo, in HazNode's promotional materials, website, and customer lists solely to identify Subscriber as a customer of HazNode. Subscriber may opt out of this use by sending a written request to support@haznode.com with the subject line "Non-use of Subscriber Name." HazNode will remove or cease use of Subscriber's name in new materials within a reasonable time of receiving such request.

10. Representations and Warranties

Each party represents and warrants that it has the legal power and authority to enter into and perform this Agreement. HazNode warrants that it will use commercially reasonable efforts to provide the Service substantially in accordance with its published documentation under normal use and circumstances. Subscriber warrants that it has not provided false information to obtain access to the Service and that all billing information is accurate.

11. Indemnification

a. By HazNode. HazNode will defend, indemnify, and hold Subscriber harmless from any third-party claim that the Service as delivered by HazNode infringes a registered New Zealand, Australian, or United States intellectual property right, provided that: (i) Subscriber gives HazNode prompt written notice of the claim; (ii) HazNode has sole control of the defence and settlement; and (iii) Subscriber provides HazNode with all reasonable assistance at HazNode's cost. HazNode's indemnity does not apply to claims arising from modification of the Service by parties other than HazNode, combination of the Service with third-party products where the claim would not have arisen but for the combination, or use of the Service contrary to HazNode's instructions.

b. By Subscriber. Subscriber will defend, indemnify, and hold HazNode harmless from any third-party claim arising from: (i) Subscriber's use of the Service in breach of this Agreement; (ii) Subscriber's infringement of any third-party right; or (iii) any representation or warranty made by Subscriber to third parties regarding the Service.

12. Disclaimer of Warranties

Except for the express warranties in Section 10, the Service is provided to Subscriber on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, HazNode and its licensors disclaim all other conditions, representations, and warranties — express, implied, statutory, or otherwise — including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

HazNode does not warrant that the Service will be uninterrupted, error-free, or free of harmful components; that stored data will be accurate or reliable; or that the Service will meet Subscriber's specific requirements.

Without limiting the above, HazNode makes no warranty as to the accuracy, completeness, or currency of any data retrieved from third-party sources through the Service, including data retrieved from the New Zealand Hazardous Substances register (hazardoussubstances.govt.nz) via Elementor by HazNode. Risk ratings, guidance, and other outputs generated by Elementor are indicative only and are based on general considerations. They do not constitute occupational health, safety, legal, or compliance advice, and must not be relied upon as such. Subscriber is responsible for verifying all retrieved data and for obtaining appropriate professional advice before making any decision that may affect workplace health and safety.

13. Limitation of Liability

To the maximum extent permitted by applicable law, HazNode's aggregate liability to Subscriber for any claims arising out of or in connection with this Agreement shall not exceed the total fees paid by Subscriber to HazNode in the twelve (12) months immediately preceding the event giving rise to the claim. Where fees were paid in a currency other than the currency in which a claim is assessed, the cap is calculated by converting the fees actually paid at the exchange rate applying on the date the relevant invoice was issued.

To the maximum extent permitted by law, HazNode will not be liable for: loss of profits; loss of revenue or anticipated savings; loss of data; loss of goodwill or reputation; business interruption; or any indirect, special, incidental, consequential, or exemplary damages — however arising and whether or not HazNode has been advised of the possibility of such loss.

Nothing in this Agreement limits or excludes liability for fraud, wilful misconduct, or any liability that cannot be excluded by law. Where HazNode NZ is the contracting entity, this includes liability under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 to the extent those Acts apply. The Service is supplied and acquired in trade for business purposes, and to the maximum extent permitted by law the parties agree that the Consumer Guarantees Act 1993 and sections 9, 12A, and 13 of the Fair Trading Act 1986 do not apply. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so parts of the exclusions in Sections 12 and 13 may not apply to Subscriber.

14. Dispute Resolution

The parties agree to use the following process to resolve any dispute, claim, or controversy arising out of or in connection with this Agreement:

a. Escalation. Either party may refer a dispute to senior representatives in writing. Each party will nominate a senior representative who will meet and confer (in person, by video, or by telephone) within 14 days of the referral in a genuine effort to resolve the dispute. If the dispute is not resolved within 14 days of that meeting, or such longer period as the parties agree in writing, either party may proceed to the courts in accordance with clause (b).

b. Governing Law and Jurisdiction — determined by contracting entity. The governing law and jurisdiction that apply to this Agreement depend on which HazNode entity is named as the contracting entity in the applicable Order Form, as set out in clauses (c) and (d). Where an Order Form does not name a HazNode entity, clause (c) applies.

c. Where HazNode NZ is the contracting entity. This Agreement is governed by the laws of New Zealand. Subject to the escalation process in clause (a), each party irrevocably submits to the exclusive jurisdiction of the New Zealand courts to resolve any dispute that cannot be settled by the parties.

d. Where HazNode US is the contracting entity. This Agreement is governed by the laws of the State of Wyoming, United States of America, without regard to its conflict of laws principles. Subject to the escalation process in clause (a), each party irrevocably submits to the exclusive jurisdiction of the state and federal courts located in the State of Wyoming to resolve any dispute that cannot be settled by the parties, and each party waives any objection to venue or forum non conveniens in those courts.

e. Jury trial and class action waiver — applies only where HazNode US is the contracting entity. Each party knowingly, voluntarily, and irrevocably waives any right to a trial by jury in any proceeding arising out of or relating to this Agreement. Each party further agrees that any dispute will be brought in that party's individual capacity only, and not as a plaintiff, class member, or representative in any purported class, collective, consolidated, or representative proceeding. The courts identified in clause (d) have no authority to consolidate the claims of more than one party or to preside over any class or representative proceeding under this Agreement.

f. United Nations Convention excluded. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

g. Urgent relief. Nothing in this Section prevents either party from seeking urgent injunctive or interlocutory relief from any court of competent jurisdiction, including to protect its intellectual property or Confidential Information.

15. General Provisions

a. Entire Agreement. This Agreement, together with any Order Form and any policies incorporated by reference (including the Privacy Policy and Data Processing Addendum), constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior and contemporaneous agreements, representations, and understandings. Any terms or conditions in a Subscriber purchase order or other order document are of no effect.

b. Order of Precedence. If there is any inconsistency between the documents forming this Agreement, the following order of precedence applies, from highest to lowest: (i) the Special Conditions recorded in the Order Form; (ii) the balance of the Order Form; (iii) the Data Processing Addendum; (iv) these Terms of Service; and (v) the Privacy Policy. A Special Condition prevails over these Terms of Service only in respect of the Subscriber and Order Form in which it is recorded, and only to the extent of the inconsistency.

c. Amendments. HazNode may update this Agreement from time to time. HazNode will provide at least 30 days' written notice of material changes. Continued use of the Service after the effective date of any update constitutes acceptance of the updated Agreement. No amendment to the Special Conditions of an executed Order Form is effective unless agreed in writing by both parties.

d. Force Majeure. Neither party will be liable for any delay or failure to perform its obligations (other than payment obligations) where such delay or failure arises from circumstances beyond that party's reasonable control, including natural disasters, pandemic, civil unrest, war, acts of terrorism, government action, power or internet infrastructure failures, or other force majeure events.

e. Severability. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be modified to achieve as nearly as possible the parties' original intent, or if modification is not possible, the provision will be severed, and the remainder of this Agreement will continue in full force.

f. Waiver. No waiver of any right under this Agreement will be effective unless in writing. A failure or delay in exercising any right does not constitute a waiver of that right.

g. Counterparts. This Agreement may be entered into by online acceptance or by execution in counterparts, each of which constitutes an original, and all of which together constitute one and the same instrument.

h. Relationship of Parties. The parties are independent contractors. Nothing in this Agreement creates any partnership, joint venture, agency, franchise, or employment relationship between the parties.

i. Intra-Group Delivery. The contracting entity remains responsible to Subscriber for performance of this Agreement, but may perform any of its obligations through another member of the HazNode Group or through subcontractors. Any act or omission of such a party in performing those obligations is treated as an act or omission of the contracting entity.

j. Export Control and Sanctions. Subscriber must comply with all applicable export control, economic sanctions, and trade restriction laws, including those administered by the United States Office of Foreign Assets Control and the United States Department of Commerce, and the New Zealand sanctions regime. Subscriber represents that it is not located in, organised under the laws of, or ordinarily resident in a sanctioned country or territory; is not owned or controlled by, or acting on behalf of, any person on a restricted or denied party list; and will not permit any User in such a category to access the Service. HazNode may suspend or terminate access immediately, without liability, where it reasonably believes this clause has been or may be breached.

k. United States Government End Users. The Service is "commercial computer software" and "commercial computer software documentation" as those terms are used in 48 CFR 12.212 and 48 CFR 227.7202. If Subscriber is a United States government agency or a contractor acting on its behalf, its rights in the Service are limited to those granted under this Agreement.

l. Anti-Bribery and Anti-Corruption. Each party must comply with all applicable anti-bribery and anti-corruption laws, including the New Zealand Crimes Act 1961 and the United States Foreign Corrupt Practices Act of 1977.

m. Contact. Notices or queries regarding this Agreement should be directed to the contracting entity named in the Order Form:

  • HazNode NZ — HazNode Software Limited, Perriam Place, RD3, Cromwell, New Zealand
  • HazNode US — HazNode Software USA LLC, 1309 Coffeen Avenue STE 1200, Sheridan, Wyoming 82801, United States of America

Notices to either entity may also be sent by email to support@haznode.com.

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