Terms of Use

1.1 Thermly is operated by Thermly Limited, a New Zealand company, company number 9430683, NZBN 9429053683823 (“Thermly”, “we”, “us” or “our”). These terms apply when you access or use thermly.nz, the Thermly application, its calculators, H1 compliance reports, insulation reports, schedules, exports and related services (together, the “Service”).

1.2 You accept these terms by ticking the acceptance box at three points: on first sign-in to a new account, when a new version of these terms takes effect, and each time you generate a final report. The tick on first sign-in also confirms that you acquire the Service in trade. We record the account that accepted, the version accepted and the time, and for a final report the report the acceptance relates to. By accessing or using the Service, creating an account, or generating a report, you agree to these terms. If you use the Service for an organisation, you confirm that you are authorised to accept these terms for that organisation.

1.3 If you do not agree to these terms, you must not use the Service.

1.4 The Service is supplied for use in trade. By using the Service you confirm that you acquire it in trade, and not for personal, domestic or household use.

1.5 If your account profile names a business, or you use the Service as a member of an organisation set up in the Service, that business or organisation is the customer under these terms and you accept them on its behalf. Otherwise the customer is you, acquiring the Service in trade. “You” and “your” mean the customer and each person who uses the Service for it.

1.6 A person who accepts these terms for a business confirms that they are authorised to do so. Accepting for a business does not make that person personally liable for the business's obligations under these terms. They remain responsible for their own breach of these terms and for acting without authority.

1.7 An organisation's administrators decide who may use the Service for it. The organisation is responsible for the people it admits, for what they do in the Service and for the reports they generate for it.

2.1 Thermly is a calculation and documentation aid for construction R-values and H1 thermal performance, and for preparing insulation schedules and quantity take-offs. It processes the inputs, selections and project material supplied by you and presents calculation results, H1 compliance reports, insulation reports, schedules, marked-up plans and exports. References to outputs or reports in these terms include all of these deliverables, whether viewed online, downloaded, printed or shared, and whether provided free or for a fee.

2.2 Thermly does not provide engineering, architectural, legal or building compliance advice. It does not replace professional judgement, project-specific review or any work that must be completed or supervised by a suitably qualified or licensed person.

2.3 A “final report” is a report generated in final form in the Service, as opposed to a draft or preview. “Final” is a status in the Service. It does not mean that the report has been checked or certified, or that it is ready for consent: see section 3.

2.4 Help we give you with the Service, a report or a request for information is given for you to check. You decide what to rely on and what to submit, and you are responsible for it, whoever prepared it. Unless we agree otherwise in writing, giving help does not make us your adviser, the author of your report, or responsible for your project or your submission. Automated checks can miss errors, and passing one is not an approval.

2.5 A report you generate, sign or submit is your report, whoever entered the information or helped prepare it. Thermly is not a party to any consent application.

2.6 We take reasonable care to implement the calculation methods the Service names, which each report identifies (clause 3.5), and to keep the product data we supply consistent with the sources it cites. If we find, or you tell us about, a material error in that implementation or in product data we supply, we will correct it within a reasonable time, publish the correction in the Service's changelog, and tell the accounts whose final reports we can identify as affected. This clause is our only commitment about the accuracy of the Service. It does not extend to your inputs, selections or assumptions, to third-party information, or to the outputs you produce from them, and it is subject to sections 3 to 6, 11 and 12.

3.1 Results and reports depend on the accuracy, completeness and suitability of the inputs, assumptions, product information and calculation method used. An output can be wrong even when your inputs are correct or it is presented without a warning. A report marked final, carrying your branding or showing a calculation reference has not thereby been checked, certified or approved by Thermly.

3.2 A PASS result records the outcome of the checks identified in the report on the basis of the information supplied. It does not mean that Thermly has reviewed the underlying design, accepted responsibility for the report, certified the building work, or determined that the project complies with every applicable requirement.

3.3 The relevant building consent authority or other decision-maker may accept, question or reject any Thermly output. Nothing in the Service limits that authority or suggests that an output must be accepted.

3.4 If a report identifies you or your organisation as its author or preparer, you are responsible for that attribution and for the report's contents. You must review and be satisfied with the complete report before signing, relying on, sharing or submitting it.

3.5 Each H1 compliance report states the edition of H1/AS1 and the version of NZS 4214 it applies, the calculation method used, the version of the Service that produced it, and the warnings shown when it was generated. The report describes the checks it performs; a requirement it does not describe has not been checked. A value the Service extracts, suggests or pre-fills is a starting point for your review (clause 6.3) and becomes your input when you accept or keep it.

4.1 An insulation report is a product schedule and quantity take-off based on the project information and construction assemblies you select. It is an aid to procurement and installation planning. It is not an independent site measurement, a complete construction specification, an installation certificate or an H1 compliance assessment. It does not replace the H1 compliance report, approved drawings, project specifications or manufacturer installation instructions.

4.2 Before quoting, ordering materials or instructing an installer, you must check every product, grade, thickness, stated R-value, location, area and quantity. Confirm the plan scale, dimensions, roof slopes, openings, deductions, framing and site conditions, and reconcile the insulation report with the current drawings and H1 compliance report. A stated insulation product R-value is not necessarily the construction R-value of the complete wall, roof or floor assembly.

4.3 Order quantities, waste allowances and rounding are estimates for you to review. You must confirm cutting losses, offcuts, overlaps, pack sizes, supplier coverage and any additional site allowance with your supplier or installer. Thermly does not guarantee that an estimated quantity will be sufficient or that there will be no surplus. You remain responsible for the quantities ordered, purchasing decisions and installation instructions you issue, subject to your statutory rights.

4.4 A listed product or location does not confirm suitability for every application or verify that insulation has been installed correctly. Check manufacturer requirements, assembly compatibility and any relevant fire, moisture, ventilation and clearance requirements. Product substitutions or changes to areas, thicknesses or installation details require you to review both the insulation quantities and the thermal compliance calculations before proceeding.

5.1 You must:

• (a) independently check every input, measurement, area, quantity, assumption, source, calculation and output against the project documents;
• (b) confirm that the selected method and its scope are appropriate for the building and the intended use;
• (c) verify dimensions, units, construction layers, framing proportions, thermal bridges, insulation and glazing selections, climate zone and all defaults or suggested values;
• (d) check current manufacturer information, the New Zealand Building Code, cited standards and any project-specific requirements;
• (e) investigate and resolve warnings, omissions, unusual values and inconsistencies before relying on or submitting an output; and
• (f) obtain any professional advice, producer statement, review or approval required for the project.

5.2 You must not use Thermly as the sole basis for a design, construction instruction, consent application or compliance decision. You are responsible for deciding whether an output is accurate and suitable for its intended use, and for the design, specifications and submissions you prepare using it.

5.3 Before sharing an output, ensure it accurately represents the project and make recipients aware of its assumptions, limitations and verification requirements. Do not represent Thermly as the project designer, engineer, certifier or approving authority. Recheck and regenerate affected outputs when the design, products, site conditions or applicable requirements change. Keep a record of the inputs and checks supporting your final report.

6.1 Product records, source references and other third-party information may be incomplete, outdated, superseded or unsuitable for a particular assembly or project. You must confirm product properties, availability and installation requirements with the manufacturer or another authoritative source.

6.2 A catalogue listing or source citation is not a product endorsement or a guarantee of suitability. Calculated performance may differ from installed performance because of workmanship, moisture, gaps, substitutions or conditions outside the calculation model.

6.3 Features that extract, trace, classify, measure, suggest or pre-fill information may use automated or artificial-intelligence systems. Their outputs are starting points for review, not verified project facts. You remain responsible for checking and correcting them. Clause 7.13 and our Privacy Policy say where that processing happens and what the providers may do with the material.

Accounts

7.1 You must provide accurate account information, keep your sign-in details secure and promptly tell us if you suspect unauthorised access. You are responsible for activity you authorise through your account and for ensuring that people you invite to an organisation or project have appropriate access.

Your project material

7.2 You retain ownership of project material you upload. You give us the limited rights needed to host, copy, process and display that material to provide, secure and support the Service, and to test and assure its quality, including re-running your saved calculations to check that a change to the Service still gives the result it should. We use project material for no other purpose. You must have the necessary permission to upload and use that material. Our handling of personal information is described in our Privacy Policy. Keep your own copies of important project records and final reports.

7.3 We may use and publish aggregated statistics about use of the Service that do not identify you, your client or the site. We do not publish project material, or anything that identifies you, your client or the site, without your consent.

7.4 Where we state it as a condition of a free-access offer, you must tell us the outcome of any consent submission made with an output, including any request for information and any refusal. No benefit under that offer depends on the outcome being an approval.

Deleted projects and the records we keep

7.5 When you delete a project, it is removed from the Service at once and cannot be restored. We then delete its saved versions and its uploaded files, except a file that another of your projects still uses. Review comments written on the project and cached results of AI reviews are not removed with it at present; we remove them when your account is closed, or earlier on request. Deleting a project does not delete the records described in clauses 7.6 and 7.11. Keep your own copies of anything you need.

7.6 We may keep a record of each final report after its project is deleted: the report as issued, the inputs behind it, the warnings shown and acknowledged, the engine build and the version of these terms accepted.

7.7 We may keep that record for up to 10 years from the date the report was generated.

7.8 After the project is deleted the record is not available in the Service. We use it only for audit, to answer a claim or dispute, or where the law requires.

7.9 Deleting a project or closing an account does not delete the record.

7.10 The record is kept for our purposes. It does not replace your own copies of your reports and project records.

7.11 We also keep: (a) the record of each acceptance of these terms described in clause 1.2, for 10 years from the acceptance; (b) a record of each project deletion (the project's identifier, the time, who deleted it and what happened to each file, with no project name and no project content), for 10 years from the deletion; (c) the usage and billing records for your account, for as long as tax and accounting law requires; and (d) your account's activity log, whose entries expire after 12 months. Our Privacy Policy lists these records. Your rights under the Privacy Act 2020 are not affected by them.

Confidentiality and AI processing

7.12 We treat your project material as confidential. We do not disclose it except: (a) to the service providers that process it for us to provide the Service, such as hosting, storage, AI processing and email, under terms that protect it; (b) to our staff and contractors who need it to provide, secure, support or test the Service; (c) where the law requires; or (d) with your consent. Our staff and contractors access project material only for those purposes.

7.13 Assisted features send the material they work on (plan pages, images, notes and the inputs involved) to AI models that we access through Amazon Web Services, ordinarily in Australia; a model may be served from another AWS region. Amazon does not keep that material after the request, does not use it to train models, and does not pass it to the companies that make the models. We do not use your project material to train AI models, and we do not allow anyone else to.

8.1 You may use reports and outputs, in trade, for the projects they were generated for, during and after your account, including by giving them to your client, consultants, contractors, the building consent authority and anyone else involved in that project. You may add your own clearly identified cover notes, annotations and extracts, provided the output's source, inputs, result, status, assumptions and warnings stay visible and are not misrepresented. You must not otherwise alter an output, or use Thermly for an unlawful, misleading or unsafe purpose.

8.2 We and our licensors retain all rights in the Service, including its software, calculation implementation, design, branding and content. Your project material and your reports are yours (clauses 7.2 and 8.1). Third-party content in the Service, such as manufacturer product data and references to standards, remains its owner's and is used under its owner's terms. Except as permitted by law, you must not copy, resell, scrape, reverse engineer, interfere with or create a competing service from any part of the Service.

8.3 We may use feedback and suggestions you give us about the Service freely, without payment or any other obligation to you. This clause does not apply to your project material, which stays under clause 7.2.

9.1 The Service is provided on an “as is” and “as available” basis, subject to clause 2.6. We do not promise uninterrupted access, permanent storage, or that every defect will be corrected. Features, calculation methods, product data, reports, limits and pricing may change as the Service develops or relevant requirements change.

9.2 We may suspend or terminate access where reasonably necessary to protect the Service or its users, address unlawful or harmful use, enforce these terms, or discontinue a feature or the Service. Where a breach can be remedied, we tell you what it is and give you at least 10 working days to remedy it before we suspend or terminate for it. Immediate action may be needed for security, unlawful use or a serious breach. Where practicable, we will give reasonable notice and an opportunity to retrieve your project records before permanent withdrawal of access. Provisions concerning responsibility for existing outputs, intellectual property, liability, the indemnity and the notice period in section 11, and disputes continue after termination.

9.3 If we stop the Service, or stop hosting a feature that a report credit has unlocked, we give at least 90 days' notice by email, keep your reports available to download during that period, and refund your unused paid credits (clause 10.12). A report you have already downloaded is unaffected.

10.1 Prices are shown in New Zealand dollars. The price shown at checkout is the full price you pay, and it states whether GST is included. Where a fee applies, the price and the number of report credits are shown before purchase. You authorise the charge when you complete a purchase. The purchase is complete when the credits appear in your account. If a payment is taken and the credits have not appeared within one working day, tell us and we will deliver them or refund the payment. Third-party payment, identity, hosting and other providers may apply their own terms and policies.

10.2 Free access does not authorise us to charge you later without your agreement. Any paid purchase will explain the applicable payment and refund terms before checkout, subject to your statutory rights.

Report credits and permitted revisions

10.3 When payment is required, one report credit is used when a project first produces a final report. That credit unlocks reports for that project and the building it identifies, including both H1 compliance reports and insulation reports, for as long as the Service operates (clause 9.3 says what happens if we stop it), subject to clause 10.13. Later reports, genuine revisions and repeat downloads for the same building do not use another credit. Unused report credits do not expire.

10.4 You must not reuse an already credited, paid or finalised project or report for a different building to avoid using another credit or payment. In particular, you must not replace its drawings, address, lot or unit details, building geometry or other project information and then present the replacement as a revision of the original report. This prohibition applies before and after a report is submitted, downloaded, shared or used. Retaining the same project name, report identifier, client or site address does not make a different building the same building.

10.5 Genuine corrections and design revisions for the same building are included, with no further credit required, including updated drawings, product changes, responses to consent queries and correction of an address or client detail. A separate dwelling, unit, building or site requires a separate project and, where payment is required, its own report credit, unless your purchase expressly covers multiple buildings. If a redevelopment or major redesign makes it unclear whether it remains the same building, contact us before claiming an included revision.

10.6 You must give truthful information when confirming that a revised report relates to the same building, and must not bypass credit limits, report controls or payment requirements. We may review report history and changes to project details to investigate suspected misuse, consistently with our Privacy Policy, and ask you to explain the changes.

10.7 Where we have reasonable grounds to suspect misuse, we may temporarily restrict further final report generation for the affected project while we investigate. We will explain the concern and give you a reasonable opportunity to respond. If misuse is established, we may require a separate project and the applicable credit or payment before further reports for the different building are generated. Serious or repeated deliberate misuse may result in suspension or termination under section 9. Any action will be proportionate to the misuse and subject to your statutory rights; this clause does not authorise undisclosed charges or automatic forfeiture of unrelated credits.

Refunds and reversed payments

10.8 Unused credits you paid for can be refunded.

10.9 Used credits cannot be refunded. Clause 10.14 says when we restore one. This clause is subject to section 12.

10.10 A refund is made on request to feedback@thermly.nz. For a credit bought on its own, the refund is the price you paid. For credits bought in a pack, the refund is the price you paid for the pack, less our price for a single credit on the day you bought it for each credit in the pack that you have used or are keeping. We refund to the payment method you paid with where we can, and otherwise by bank transfer, within 10 working days of agreeing the refund. We cannot refund a payment while it is in dispute.

10.11 A credit you did not pay for cannot be refunded. Credits you did not pay for are used before credits you paid for, and credits you paid for are used in the order you bought them.

10.12 If we close your account or stop the Service, we refund your unused paid credits.

10.13 A payment is reversed when it is taken back from us, including while a dispute about it is being decided. If a payment is reversed, we may cancel the unused credits bought with it. If credits bought with it were used, we may stop further final reports for the projects they unlocked until the dispute is decided in our favour or another credit is applied to the project. We tell you when we do this, and you can put your side to us at feedback@thermly.nz.

10.14 If an error in the Service, rather than in your inputs, makes a final report wrong, and we cannot correct it within a reasonable time after you tell us, we restore the credit the report used. This is in addition to clause 2.6 and your rights under section 12.

10.15 Where the Service lets you share your credits with your organisation, a member of that organisation can use them, and a credit they use is a used credit from your account.

Third-party services

10.16 Links to third-party websites and references to third-party products do not amount to our endorsement or control of them. Subject to section 12, we are not responsible for independently operated third-party websites or their content. This does not remove our legal responsibilities for services we supply using third-party providers.

11.1 This section is subject to your rights in section 12 and to our commitment in clause 2.6. It allocates the risks of using a calculation aid that we do not independently check against your project. It does not transfer to you any responsibility that the law requires us to retain.

11.2 Apart from clause 2.6, and to the maximum extent permitted by law, we give no representation, warranty or guarantee that the Service or an output is accurate, complete, current, error-free, compliant, secure or fit for a particular purpose.

11.3 To the maximum extent permitted by law, Thermly Limited and its directors, employees and contractors are not liable for: (a) loss arising from inputs, selections, assumptions or project material you supplied, or from third-party information you chose to rely on; (b) loss arising from reliance on an output that you did not check as section 5 requires, or that a warning in the Service or in the report told you to check; (c) a decision of a building consent authority or other person; (d) any indirect, consequential or special loss, or loss of profit, revenue, business, opportunity, goodwill or anticipated savings; or (e) loss of project data that you could have avoided by keeping the copies clause 7.2 asks you to keep.

11.4 Subject to section 12 and to the maximum extent permitted by law, those exclusions include redesign, replacement materials, material shortages or surplus, ordering and installation costs, remedial building work, additional consent costs, delays and claims by third parties arising from your supply or use of an output. They apply whether a claim is brought in contract, tort (including negligence), breach of statutory duty or otherwise, and whether or not the loss was foreseeable. They do not exclude liability for our fraud or wilful misconduct, and they do not reduce a refund or credit we owe you under section 10.

11.5 Subject to section 12 and to the maximum extent permitted by law, Thermly Limited and its directors, employees and contractors have no liability to you for any claim connected with the Service, whether it is brought in contract, tort (including negligence), breach of statutory duty or on any other basis, and whether or not the loss was foreseeable. This clause does not apply to our fraud or wilful misconduct, and it does not limit a refund or credit we owe you under section 10.

11.6 You indemnify Thermly Limited and its directors, employees and contractors against any claim brought by a third party, and against the loss and reasonable legal costs that follow from such a claim, to the extent it arises from: (a) your breach of these terms; (b) your negligence or unlawful conduct, including an output altered or presented contrary to clause 8.1; or (c) project material you did not have the right to upload or use, including a claim that it infringes someone's rights. Supplying or submitting an unaltered output for the project it was generated for is not, by itself, a ground for this indemnity. The indemnity is limited to claims by third parties. It does not cover loss to the extent caused by an error in the Service, or by our negligence, breach of these terms, fraud or wilful misconduct.

11.7 We will tell you promptly of any claim for which we intend to rely on the indemnity in clause 11.6, and we will not settle it without your consent, which you must not unreasonably withhold. You may take over the defence of the claim at your cost, with our reasonable cooperation, provided you do not admit fault on our behalf or settle on terms that bind us without our consent.

11.8 Subject to section 12 and to the maximum extent permitted by law, you must give us written notice of any claim connected with the Service within 12 months after you knew, or ought reasonably to have known, of the facts giving rise to it. A claim that is not notified within that period is barred. The time for bringing a claim is otherwise as the Limitation Act 2010 and any other applicable law provide. This clause does not apply to our fraud or wilful misconduct.

12.1 Nothing in these terms excludes, restricts or modifies any right, remedy, guarantee or liability that cannot lawfully be excluded, restricted or modified. Where clause 12.2 or 12.3 does not apply to you, or does not reach a particular right, your rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 remain. Your responsibilities under these terms do not remove any right that remains, including a right to a remedy for a failure by Thermly to meet a legal obligation that these terms cannot exclude.

12.2 You acquire the Service in trade and we supply it in trade. You and Thermly agree that the Consumer Guarantees Act 1993 does not apply to the Service or to these terms, as section 43 of that Act allows. These terms are in writing, both parties are in trade and agree to contract out of that Act, and you and Thermly agree that it is fair and reasonable for both parties to be bound by this clause, having regard to the matters that Act names: the Service is a calculation aid whose outputs you must verify (section 5); its price is low and published; these are standard terms that you accept as presented, which is why section 11 preserves refunds, keeps our own error out of your indemnity and leaves the time for bringing a claim to the general law; and you are free to take legal advice before accepting, which we encourage. This clause does not apply to a consumer who acquires the Service for personal, domestic or household use.

12.3 You and Thermly agree to contract out of sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986, to the extent section 5D of that Act permits. These terms are in writing, the Service is supplied and acquired in trade, both parties are in trade and agree to contract out of those sections, and you and Thermly agree that it is fair and reasonable for both parties to be bound by this clause, for the reasons given in clause 12.2. This clause applies only between parties in trade and does not bind a consumer.

13.1 We may update these terms to reflect changes in the Service, legal requirements or how we operate. We publish each version with its version number and effective date at the top of this page. For a material change that reduces your rights, we give at least 30 days' notice through the Service or by email before it takes effect, except where an urgent legal or security change requires shorter notice. We ask you to accept each new version expressly at your next sign-in or report generation, and we record that acceptance (clause 1.2). A change applies to use of the Service from its effective date. It does not remove rights or claims that have already arisen. If you do not agree, stop using the Service before the change takes effect.

13.2 A change to these terms does not reduce the credits you have bought, the reports they have unlocked, or the refund rights that applied when you bought them: those stay governed by the version in force at the purchase. A report stays governed by the version accepted when it was generated.

13.3 We keep every version we have published and will send you the version you accepted on request.

14.1 These terms are governed by New Zealand law. The courts and tribunals of New Zealand have exclusive jurisdiction over disputes relating to the Service or these terms. If any part of these terms is invalid or unenforceable, the remaining parts continue to apply.

14.2 Questions about these terms can be sent to feedback@thermly.nz.

14.3 We may assign or novate these terms, in whole or in part, to a successor or to a purchaser of our business or of the Service, on notice to you. The successor must take on our obligations under these terms, including those for credits you have bought and the reports they unlocked. You may assign your rights or obligations under these terms only with our written consent.

14.4 A notice to us under these terms, including notice of a claim under clause 11.8, must be in writing and sent to feedback@thermly.nz. We send notices to the email address on your account. A notice sent by email is treated as received on the next working day after it is sent, unless the sender receives a delivery failure.

14.5 If you have a complaint about the Service or these terms, send it to feedback@thermly.nz. We acknowledge a complaint within 2 working days and respond to it within 10 working days, or tell you within that time when to expect a response. This clause does not stop you from going to a court or tribunal.

15.1 This section applies only while the Service or a feature is expressly identified as pre-release, beta, early access or open access testing. It supplements the terms above; those terms also apply to the fully released Service independently of this section.

15.2 Pre-release features are under active development and have not been fully validated for every product, assembly or project. Outputs may be incomplete, inaccurate or incorrect, including extracted measurements, product selections, R-values, H1 compliance results, insulation areas, order quantities and generated reports. A feature or output being available does not mean it is ready for use on a live project.

15.3 You may use a pre-release output for a consent submission, or for purchasing, installation or construction, only after you have independently verified the complete output, and then at your own risk. Do not rely on an unverified H1 compliance report or insulation report for any of those purposes. Any report acknowledgement we require is additional to your ongoing responsibility to check the complete output.

15.4 Testing features, calculations and data formats may change or be withdrawn, and saved work may need to be re-entered or regenerated. Keep independent copies of your project records. Free testing access does not guarantee ongoing free access; any charges require your agreement and do not undo an existing credit unlock. This section does not reduce the statutory rights preserved in section 12.