Terms of service

1. Agreement and operator

OnyxJar is operated by OnyxJar ("we", "us" or "our"). These terms govern your access to and use of OnyxJar, including its website, model-building tools, and publishing features. By creating an account or using the service, you agree to these terms. If you use OnyxJar for an organisation, you confirm that you are authorised to accept these terms for that organisation; references to "you" then include that organisation where the context requires.

These terms do not exclude rights or remedies that cannot lawfully be excluded or limited under New Zealand law. If a term conflicts with a mandatory legal right, the law prevails to the extent of the conflict.

2. The service and plans

OnyxJar helps you create, maintain, understand and publish connected models of complex work. The service currently offers two plans: Learner, which is free, and Communicator, which is a paid monthly subscription. The features and limits of each plan are described on our Pricing page and, for a paid plan, in the checkout before you subscribe. Those descriptions form part of your plan agreement.

Learner currently permits up to two models and does not include downloads of published snapshots. Communicator is a paid plan that provides additional model capacity and published-snapshot downloads as described on the Pricing page. The ability to view a hosted published model and the ability to download a published snapshot are separate features. Plan limits and availability are subject to the description presented when you choose the plan.

3. Accounts and security

You must provide a valid email address and information reasonably needed to set up and secure your account. Keep your sign-in details confidential, do not share account access with another person, and take reasonable steps to prevent unauthorised use. You are responsible for activity through your account except to the extent caused by our breach of these terms or otherwise provided by law. Tell us promptly if you believe your account has been accessed without permission.

You must provide accurate information and keep it reasonably up to date. An account is for the individual or authorised representative who created it; do not impersonate another person or create misleading accounts.

4. Communicator subscription, payment and cancellation

Communicator is billed monthly in advance and renews automatically at the end of each monthly billing period until cancelled. Before you confirm a subscription, the checkout will show the applicable price, currency, billing interval and any applicable GST or other charges. By subscribing, you authorise the payment method you provide to be charged for each renewal until the subscription ends. Payments are processed by Stripe, subject to the payment provider's applicable terms.

How to cancel. You can cancel at any time from your Account page. Cancellation takes effect at the end of your current paid billing period: it stops the next renewal, and your paid access continues until that period ends. You do not need to give a reason, and you do not need to contact us to cancel.

Cancellation does not automatically refund a charge for a period that has already begun. This does not limit any refund or other remedy required by law, including any rights you have where the service fails to meet a non-excludable legal guarantee. If you believe a renewal charge was made after you had validly cancelled, contact us so we can investigate and correct any error.

If a payment fails or remains overdue, we may ask you to update the payment method and may restrict paid features after reasonable notice. We will not use this section to remove a right or remedy that the law gives you.

5. Price and plan changes

The price for a paid plan is the price disclosed before you subscribe. We may change prices or plan features for future subscriptions. For an existing Communicator subscription, a price increase will apply no earlier than a renewal after we give reasonable advance notice. If you do not accept the new price, you may cancel before it takes effect. We will not apply a price change retroactively to a period already paid for.

We may update, add or remove features as OnyxJar develops. We will take reasonable steps to give notice of material changes that significantly affect an existing paid plan. A change may take effect sooner where reasonably necessary for security, legal compliance, to address abuse, or where a third-party dependency or other circumstance outside our reasonable control makes a feature unavailable. We will not rely on this section to remove rights that cannot lawfully be excluded.

6. Your content and our limited permission to use it

You retain ownership of the content you create, enter or import into OnyxJar. You grant us a limited, non-exclusive permission to host, store, copy, process, format, display, transmit and back up that content only as reasonably necessary to provide, secure, maintain and support the service, comply with law, or follow your instructions (including a request to publish a model). This permission ends when the content is deleted from active service systems, except to the extent it remains in backups or must be retained for a lawful purpose as described in our Privacy Policy.

You are responsible for the content you submit and for ensuring that you have the rights, permissions and authority needed to use it in OnyxJar. Do not upload content that infringes another person's rights, breaches a legal duty or confidentiality obligation, or that you are not authorised to use. If content includes personal information about other people, you must comply with the privacy and data-protection obligations that apply to you, including providing notices where required.

7. Publishing and sharing models

When you choose to publish a model through an OnyxJar hosted viewer or create a published file, you direct us to make the included content available through that feature. The published output may be accessible to people who can access its page or file. Review it first for confidential information, personal information, internal details and material you do not intend to share. You are responsible for where and with whom you share any file you download.

Once a published file has been downloaded or content has been copied or shared outside OnyxJar, we may not be able to retrieve or delete those external copies. Unpublishing or deleting content from OnyxJar does not guarantee removal of copies held by other people or systems outside our control.

8. Acceptable use

You must not:

• use OnyxJar unlawfully or to infringe another person's rights;
• upload malware, attempt to compromise the service, gain unauthorised access, or probe or test security without our written permission;
• interfere with service operation, bypass plan limits or access controls, or impose unreasonable load;
• share account credentials or allow unauthorised people to use your account;
• submit passwords, payment-card data, access tokens, private keys or other authentication secrets; or
• upload sensitive personal information or highly confidential or regulated information unless the service is suitable for that information and you have verified that its use is lawful and authorised.

9. Availability, security and copies of your work

We take reasonable steps to operate and secure OnyxJar, but we do not promise that the service will be uninterrupted, error-free or available at every time. We may perform maintenance, make updates or temporarily restrict features to protect the service, deal with an incident or comply with law.

Although we maintain operational recovery measures, no service can guarantee that data will never be lost or become unavailable. Keep independent copies of important source material and use any export or download features available to your plan. Do not treat a hosted model or a published snapshot as your only backup.

10. Suspension and ending use

You may stop using OnyxJar at any time. To end a Communicator subscription, follow section 4. To request account closure or deletion of information, contact us using the details in section 13 and see our Privacy Policy.

We may suspend or restrict access where reasonably necessary because of a serious breach of these terms, non-payment, a security risk, suspected unlawful activity, risk to another person, or a legal requirement. Where reasonably practicable, we will give notice and an opportunity to address the issue before taking action. We may act immediately where that is reasonably necessary to protect people, information or the service, or where the law requires it. We will take reasonable steps to avoid unnecessary loss of access to your content and, where appropriate and practicable, allow you to retrieve available data.

When a paid subscription ends, paid-plan entitlements end at the effective cancellation or termination date. After account closure, information is handled in accordance with our Privacy Policy, including applicable retention, legal and backup requirements.

11. Legal rights and responsibility

We will provide the service with reasonable care and skill to the extent required by applicable law. We do not guarantee that OnyxJar will meet every particular requirement or produce a particular business outcome. You remain responsible for decisions you make using your models and for keeping copies of information important to you.

Nothing in these terms excludes, restricts or modifies a right or remedy that cannot lawfully be excluded, restricted or modified, including any applicable rights under the Consumer Guarantees Act 1993 or Fair Trading Act 1986. To the extent permitted by law, neither party is liable to the other for indirect or consequential loss, or for loss of profit, revenue, opportunity or goodwill. This limitation does not apply where its application would be unlawful or would defeat a non-excludable statutory right or remedy.

12. Changes to these terms

We may update these terms to reflect changes to the service or the law. We will update the date at the top of this page and give additional notice of material changes where appropriate. Material changes will apply prospectively. If a change materially affects an existing paid subscription, we will give reasonable notice and you may cancel before the change takes effect. Where law requires your express agreement or another step, we will obtain it before applying the change.

13. New Zealand law and contact

These terms are governed by New Zealand law. Subject to any rights that cannot lawfully be restricted, the courts of New Zealand may hear disputes concerning these terms or your use of OnyxJar.

Questions about these terms? Contact OnyxJar through the contact form.