TERMS OF USE (EULA)

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Last Updated: 26th August 2026

Tool Name: QuickTherm

Developer: Reach Us Technology Ltd

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IMPORTANT NOTICE TO ALL USERS

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This disclaimer applies to the QuickTherm application (the "App") developed by Reach Us Technology Ltd (the "Company"). By accessing or using QuickTherm, you accept and agree to be bound by this disclaimer. If you do not agree with any part of this statement, you are advised to cease using the App immediately and seek independent professional consultation.

Nothing in this disclaimer excludes, restricts, or modifies any rights or remedies you may have under applicable consumer protection laws that cannot be excluded, restricted, or modified by agreement. Consumer protection legislation varies by jurisdiction, and specific provisions applicable to your use are set out in the relevant jurisdictional sections below.

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ACCEPTANCE OF TERMS

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By using QuickTherm, developed by Reach Us Technology Ltd, you signify your acceptance of the following disclaimer and limitation of liability. If you do not agree with any part of the following statement, you are advised to cease using QuickTherm immediately and seek independent professional consultation.

 

1. General Purpose & "As-Is" Clause

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QuickTherm is a heatloss and building performance analysis tool intended for general informational, educational, and preliminary assessment purposes only. The data, reports, analytics, and outputs generated by QuickTherm are provided on an "AS IS" and "AS AVAILABLE" basis.

Reach Us Technology Ltd and its subsidiaries (collectively, "the Company") make no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, suitability, timeliness, or availability of the information, products, or services contained in QuickTherm.

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2. No Professional Advice

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The content within QuickTherm does not constitute professional engineering, architectural, structural, financial, or legal advice. While QuickTherm utilises referenced data sets and industry-standard algorithms, the output is a simulation based on mathematical models and should not be solely relied upon for critical decision-making.

The user acknowledges that the evaluation of building performance involves complex variables that may not be fully captured by QuickTherm, including but not limited to: human error in data entry, environmental anomalies, construction tolerances, unverified building materials, site-specific conditions, undocumented building modifications, and variations in occupancy and usage patterns.

Users are strongly advised to engage appropriately qualified professionals (including but not limited to registered engineers, building surveyors, energy consultants, and architects) to independently verify any findings before acting upon them.

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3. Limitation of Liability & Understanding of Data

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To the fullest extent permitted by applicable law, Reach Us Technology Ltd and its subsidiaries, officers, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, incurred by the user or any third party, arising out of or in connection with:

• The use, inability to use, or performance of QuickTherm.

• The interpretation, misunderstanding, or misapplication of the data presented by QuickTherm.

• Decisions made, or actions taken, or not taken,by the user based on the data provided by QuickTherm.

• Any physical changes made to a building, mechanical systems, or energy infrastructure as a result of QuickTherm's output.

• Any failure to achieve anticipated energy efficiency ratings, building code compliance, or sustainability targets.

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4. No Responsibility for Performance Implications

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The Company does not guarantee that following the recommendations or interpreting the data provided by QuickTherm will result in specific energy savings, increased comfort, operational efficiency, or any other particular outcome.

Reach Us Technology Ltd expressly disclaims any responsibility for:

• The actual physical performance of any building post-analysis.

• The financial implications, costs, or return on investment associated with retrofits, repairs, or improvements suggested by the data.

• The compatibility of suggested improvements with existing building systems.

• Any discrepancy between QuickTherm's analysis and the actual physical condition or performance of the building.

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5. Third-Party Data & References

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While QuickTherm utilises referenced data sets from third-party sources (e.g., weather data, building codes, material properties, industry standards), the Company does not independently verify the accuracy, currency, or completeness of these third-party sources for specific local conditions. The user assumes all risk in relying upon the integrity of these referenced data sets.

The Company does not endorse, warrant, or guarantee the products, services, or information provided by any third-party referenced within QuickTherm.

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6. Technical Accuracy & Environmental Factors

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Users are advised that QuickTherm provides a "snapshot" analysis based on the input parameters provided at the time of use. Variations in weather conditions, occupancy loads, equipment degradation, building usage, and other environmental factors over time can significantly alter performance. The Company assumes no liability for discrepancies between QuickTherm's analysis and the actual physical condition or performance of the building.

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7. Indemnification

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By using QuickTherm, you agree to indemnify, defend, and hold harmless Reach Us Technology Ltd and its subsidiaries from any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising out of or related to your use of QuickTherm, your violation of these terms, or your violation of any rights of a third party.

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8. Compliance with Local Laws & Regulations

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The data models within QuickTherm are based on general scientific principles and may reference specific building standards. The Company makes no claims that QuickTherm is appropriate, legal, or compliant for use in your specific jurisdiction.

It is the user's sole responsibility to ensure compliance with all applicable local laws, regulations, building codes, and industry standards in the jurisdiction where the building is located.

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9. International Users

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If you access or use QuickTherm from outside New Zealand:

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9.1 Local Law Compliance: You are responsible for complying with all local laws, regulations, and building standards applicable in your jurisdiction. QuickTherm has been designed with reference to New Zealand and general international building science principles and may not account for specific regional requirements.

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9.2 No Representation of Local Suitability: The Company makes no representation that QuickTherm or its outputs are suitable for use in your jurisdiction. You assume full responsibility for determining whether QuickTherm's outputs are appropriate for your specific location and circumstances.

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9.3 Governing Law and Jurisdiction: These terms are governed by the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand. However, the Company acknowledges that:

• (a) This choice of law and jurisdiction clause is not intended to deprive you of any mandatory consumer protections available in your home jurisdiction; and

• (b) Nothing in this clause prevents you from bringing proceedings in your local jurisdiction where you have a legal right to do so.

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9.4 No Waiver of Consumer Rights: Where you are a consumer and your local consumer protection laws provide rights that cannot be excluded by agreement, nothing in this disclaimer excludes, restricts, or modifies those rights.

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10. Severability

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If any provision of this disclaimer is held to be invalid, illegal, or unenforceable in any respect under the laws of any applicable jurisdiction:

• (a) The validity, legality, and enforceability of the remaining provisions shall not be affected or impaired; and

• (b) Such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.

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11. Consent to Use of Data

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You agree that the Company may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you related to the QuickTherm application. The Company may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

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JURISDICTION-SPECIFIC PROVISIONS

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NEW ZEALAND

This section applies to users accessing or using QuickTherm from New Zealand.

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10.1 Consumer Guarantees Act 1993

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Important Notice to New Zealand Users: If you are using QuickTherm for personal, domestic, or household purposes, the Consumer Guarantees Act 1993 provides guarantees that cannot be excluded. The Company does not seek to exclude or limit those guarantees.

Where the Consumer Guarantees Act 1993 applies, the Company's liability for a failure to comply with a guarantee under that Act is limited to:

• (a) in the case of goods, repairing or replacing the goods or supplying equivalent goods, or paying the cost of doing so; and

• (b) in the case of services, supplying the services again or paying the cost of having the services supplied again.

If you are using QuickTherm for business purposes, you agree that the Consumer Guarantees Act 1993 does not apply to your use of QuickTherm.

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10.2 Fair Trading Act 1986

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The Company complies with the Fair Trading Act 1986. Nothing in this disclaimer:

• (a) Excludes liability for fraudulent misrepresentation;

• (b) Excludes liability for breach of section 9 of the Fair Trading Act 1986 (prohibition on misleading and deceptive conduct generally); or

• (c) Purports to contract out of any provision of the Fair Trading Act 1986 where contracting out is prohibited.

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10.3 Unfair Contract Terms

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No term in this disclaimer is intended to be, nor shall be construed as, an unfair contract term under the Fair Trading Act 1986 (for consumer contracts and small trade contracts). If any court or tribunal of competent jurisdiction determines that any provision of this disclaimer is unfair or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect.

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10.4 Building Act 2004

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Users are reminded that the Building Act 2004 imposes specific obligations on those carrying out building work in New Zealand. QuickTherm's outputs are for informational purposes only and do not constitute building consent documentation, compliance certification, or professional advice under the Building Act 2004. Users must engage appropriately qualified professionals for all building work and compliance matters.

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AUSTRALIA

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This section applies to users accessing or using QuickTherm from Australia.

 

11.1 Australian Consumer Law (ACL)

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QuickTherm is supplied to Australian users subject to the Australian Consumer Law (ACL), which is set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

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The ACL provides consumers with certain guarantees that cannot be excluded, restricted, or modified by contract (section 64 of the ACL). Any term of a contract that purports to exclude, restrict, or modify a consumer's rights to rely on the consumer guarantee regime is void.

Nothing in this disclaimer excludes, restricts, or modifies:

• (a) Any consumer guarantee under the ACL;

• (b) Any right or remedy conferred on a consumer by the ACL;

• (c) The Company's liability for breach of a consumer guarantee under the ACL; or

• (d) Any liability that cannot be excluded under the ACL.

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11.2 Consumer Guarantees (Services)

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The ACL implies certain guarantees into every purchase of goods or services by an Australian consumer. These include guarantees that services will be:

• Rendered with due care and skill;

• Fit for any particular purpose made known to the supplier; and

• Supplied within a reasonable time.

QuickTherm is provided on an "as is" basis for informational purposes. To the extent that the ACL permits limitation of liability, the Company limits its liability to:

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• (a) The re-supply of the services (QuickTherm access); or

• (b) The payment of the cost of having the services supplied again.

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11.3 Unfair Contract Terms Regime

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The unfair contract terms regime in Part 2-3 of the ACL applies to standard form contracts with consumers and small businesses. Significant amendments to the ACL strengthening the unfair contract terms provisions came into effect on 9 November 2023.

The Company is committed to fair dealing. No term in this disclaimer is intended to be, nor shall be construed as, an unfair contract term under the ACL. If any court or tribunal of competent jurisdiction determines that any provision of this disclaimer is unfair or unenforceable under the ACL, that provision shall be severed, and the remaining provisions shall continue in full force and effect.

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11.4 Business Users

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If you are using QuickTherm for business purposes, you acknowledge and agree that:

• (a) The consumer guarantees provisions of the ACL do not apply to your use of QuickTherm to the extent permitted by law;

• (b) The liability of the Company is limited as set out in this disclaimer; and

• (c) You are responsible for ensuring that QuickTherm is suitable for your business purposes.

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11.5 Misleading or Deceptive Conduct

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The Company does not seek to exclude liability for misleading or deceptive conduct under section 18 of the ACL or false or misleading representations under section 29 of the ACL. The Company is committed to providing accurate and transparent information in connection with QuickTherm.

 

UNITED KINGDOM

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This section applies to users accessing or using QuickTherm from the United Kingdom (England, Wales, Scotland, and Northern Ireland).

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12.1 Consumer Rights Act 2015

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QuickTherm is supplied to UK users subject to the Consumer Rights Act 2015 (c. 15).

Digital Content: QuickTherm constitutes "digital content" within the meaning of the Consumer Rights Act 2015. Under section 47 of the Act, a term of a contract to supply digital content is not binding on the consumer to the extent that it would exclude or restrict the trader's liability arising under:

• (a) Section 34 (digital content to be of satisfactory quality);

• (b) Section 35 (digital content to be fit for particular purpose);

• (c) Section 36 (digital content to be as described);

• (d) Section 37 (other pre-contract information included in contract); or

• (e) Section 41 (trader's right to supply digital content).

Nothing in this disclaimer excludes, restricts, or modifies the statutory rights and remedies available to UK consumers under the Consumer Rights Act 2015. The Company does not seek to exclude or restrict liability:

• (a) For breach of the statutory guarantee that digital content is of satisfactory quality (section 34);

• (b) For breach of the statutory guarantee that digital content is fit for a particular purpose (section 35);

• (c) For breach of the statutory guarantee that digital content matches its description (section 36); or

• (d) For any other liability that cannot be excluded or restricted under the Consumer Rights Act 2015.

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12.2 Fairness of Contract Terms

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Under section 62 of the Consumer Rights Act 2015, an unfair term of a consumer contract is not binding on the consumer. A term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations under the contract to the detriment of the consumer.

The Company is committed to good faith and fair dealing. The terms of this disclaimer are intended to be fair and transparent. If any term of this disclaimer is found by a court or tribunal to be unfair under section 62 of the Consumer Rights Act 2015:

• (a) That term shall not be binding on the consumer; and

• (b) The remaining terms shall continue to apply.

Excluded Terms: Section 62 of the Consumer Rights Act 2015 does not affect the operation of section 47 (exclusion of liability: digital content contracts). The specific protections under section 47 therefore continue to apply to UK consumers as set out above.

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12.3 Business Users

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If you are using QuickTherm in the course of a business (including as a sole trader, partnership, or company), you acknowledge and agree that:

• (a) The consumer protections under the Consumer Rights Act 2015 do not apply to your use of QuickTherm to the extent permitted by law;

• (b) The liability of the Company is limited as set out in this disclaimer; and

• (c) You are responsible for ensuring that QuickTherm is suitable for your business purposes.

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12.4 Services Supplied with Reasonable Care and Skill

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To the extent that the provision of QuickTherm constitutes a "service" within the meaning of the Consumer Rights Act 2015, the Company acknowledges its obligation to provide the service with reasonable care and skill (section 49 of the Act). Nothing in this disclaimer excludes or restricts the Company's liability for failure to comply with that obligation.

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12.5 Unfair Contract Terms Act 1977

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For business-to-business contracts, the Unfair Contract Terms Act 1977 may apply. Nothing in this disclaimer excludes or restricts liability:

• (a) For death or personal injury resulting from negligence (section 2(1) of the Unfair Contract Terms Act 1977);

• (b) For breach of the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 or sections 3 to 5 of the Supply of Goods and Services Act 1982to the extent prohibited by the Unfair Contract Terms Act 1977; or

• (c) For any other liability that cannot be excluded or restricted under the Unfair Contract Terms Act 1977.

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12.6 Northern Ireland

 

For users in Northern Ireland, the provisions of the Consumer Rights Act 2015 apply as set out above. In addition, the Unfair Contract Terms (Northern Ireland) Order 1977 may apply to business-to-business contracts, and nothing in this disclaimer excludes liability to the extent prohibited by that Order.