A.V.U.T.

Terms of Service

Last updated: 14 September 2026

These terms govern your use of AVUT. Please read them, particularly section 5 if you are setting up an organisation, because it places obligations on you in respect of other people’s information.

1. Who you are dealing with

AVUT is operated by Alex Westphal, Christchurch, New Zealand (“we”, “us”). You can reach us at support@avut.nz.

2. What AVUT is

AVUT is a web application providing organisational management tools, including personnel and team records, equipment issue and inspection, skill tracking and assessment, notes, and optional read-only views of data from a connected D4H account. Which tools an organisation sees depends on what it has enabled.

AVUT is pre-release software, provided free of charge and under active development. We do not promise any particular level of availability, we may change or remove features, and some features are explicitly experimental. It is not a system of record for anything you cannot afford to lose, and you should keep your own copies of information that matters to you.

Being pre-release has a consequence worth stating plainly: some of what these terms and our Privacy Policy commit us to is not built yet. Closing an account, exporting an organisation’s data and deleting an organisation are all done by hand today, by the person named in section 1, in response to an email. We will honour those commitments at the scale we currently operate at, and we would rather tell you they are manual than imply a self-service button that does not exist. Where a section below promises something that is handled this way, it says so.

3. Accepting these terms

By creating an account or using AVUT, you agree to these terms and to our Privacy Policy. If you do not agree, please do not use AVUT. If you are agreeing on behalf of an organisation, you confirm you are authorised to bind it.

4. Your account

Keep your login credentials confidential, and tell us promptly at the address above if you believe someone else has gained access to your account. You are responsible for what happens under your account, except to the extent it results from our own failure.

You may sign in with an email address and password, or with a GitHub or Google account. If you use one of those, your relationship with that provider is governed by its terms, not ours, and losing access to it may mean losing the ability to sign in to AVUT. What we receive from them is set out in our Privacy Policy.

5. Your organisation’s data, and your privacy obligations

When your organisation enters information about its people into AVUT, your organisation remains the agency responsible for that information under the Privacy Act 2020. We hold it solely on your behalf, which section 11 of that Act treats as the information being held by you rather than by us.

By using AVUT for that purpose, you agree that:

  • you have a lawful basis to collect and hold the information you put into AVUT;
  • you have told the people concerned what you collect, why, who holds it and who else may see it, and of their rights of access and correction, as IPP 3 requires;
  • you will handle access and correction requests from your own people, including any request to attach a statement of correction under IPP 7(3);
  • you will keep the information accurate and will remove what you no longer need; and
  • you will not enter health information or other sensitive categories — see section 6.

We will assist you in responding to a request or a privacy incident so far as we reasonably can, and will tell you without undue delay if we become aware of a breach affecting information we hold for you.

Your data remains yours. You grant us only the permission needed to host, process, back up and display it in order to provide AVUT to you. We do not use it for any other purpose, and we do not sell it.

6. Acceptable use

You must not use AVUT to:

  • record health information about an identifiable person — including medical conditions, injuries, treatment, or fitness-for-duty assessments — or information about criminal history. AVUT is not built to handle information governed by the Health Information Privacy Code 2020, and free-text fields such as notes, tags and custom properties are not an exception;
  • do anything unlawful, or infringe anyone else’s rights;
  • attempt to gain access to data belonging to an organisation you are not a member of, or to circumvent permission checks;
  • interfere with the service, including by distributing malware, sending unsolicited bulk email, or placing unreasonable load on it; or
  • upload someone else’s personal information without a lawful basis for doing so.

7. D4H and other third parties

D4H is a separate platform operated by someone else. If you connect a D4H account you do so under your own agreement with D4H, and you are responsible for the access token you supply and for having the right to use it. We are not responsible for D4H’s availability, accuracy, or handling of your data, and D4H integration may stop working if D4H changes its service.

8. Suspension and termination

You may stop using AVUT at any time. To have your account closed and your account information deleted, email us at the address in section 1 and we will action it — AVUT does not yet have a self-service way to do this.

We may terminate your access by giving you 30 days’ notice by email. We may suspend access immediately, without prior notice, only where it is reasonably necessary to protect the service or other users — for example a security compromise, unlawful use, or conduct breaching section 6. If we suspend you we will tell you why as soon as we reasonably can, and will restore access once the cause is resolved.

Getting your data out. For 30 days after termination you may ask us for a copy of your organisation’s data and we will provide it in a machine-readable format at no charge. After that period we delete it, as described in our Privacy Policy. There is no export button yet: ask at the address in section 1 and we will extract it for you by hand. We will not delete an organisation’s data while a request for a copy of it is outstanding.

9. Intellectual property

The AVUT source code is published under the MIT Licence, and that licence governs what you may do with the code. It does not grant any right to the hosted service at avut.nz, which is governed by these terms, nor any right to data held in it.

10. Your rights under New Zealand consumer law

Nothing in these terms limits or excludes any right or remedy you have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other law that cannot lawfully be excluded. If you are a consumer under the Consumer Guarantees Act, the guarantees in that Act apply to AVUT and are not affected by section 11 below.

If you acquire AVUT for business purposes and you are in trade, the Consumer Guarantees Act does not apply, and the limitation in section 11 applies in full.

11. Limitation of liability

Subject to section 10, and to the extent the law permits, we are not liable for indirect or consequential loss, for loss of profits or goodwill, or for loss or corruption of data, arising from your use of AVUT. Our total liability for all claims relating to AVUT is limited to NZ$100.

That figure reflects the fact that AVUT is supplied free of charge. It does not apply where the law does not allow liability to be limited, including for our fraud, and it does not cut down the consumer guarantees described in section 10.

12. Changes to these terms

We may update these terms. If a change materially affects your rights or obligations, we will email account holders at least 14 days before it takes effect, and the change will apply from the date stated in that notice. If you do not accept a change, you may close your account before it takes effect and ask for a copy of your data under section 8. Other changes, such as correcting an error, take effect when published.

13. Governing law

These terms are governed by New Zealand law, and the New Zealand courts have exclusive jurisdiction over any dispute arising from them. Nothing in this section deprives you of the protection of New Zealand consumer law.

14. General

If any part of these terms is unenforceable, the rest continues to apply. If we do not enforce a right straight away, we do not lose it. You may not transfer your rights under these terms without our agreement; we may transfer ours if AVUT changes hands, and we will tell you if that happens. Notices to you go to the email address on your account, and notices to us go to the address in section 1.

15. Contact us

If you have any questions about these Terms of Service, please contact us at support@avut.nz.