TERMS OF SERVICE

Introduction

1.1 These Terms of Service (“Terms”) govern access to and use of the Swish App, including web and mobile applications (the “App”).

1.2 The App is operated by Staircase Financial Management Limited (NZBN: 9429047403307) (“we”, “us”, “our”).

1.3 By creating an account or using the App, you agree to be bound by these Terms.

1.4 If you do not agree, you must not use the App.

Nature of the Service

2.1 The App is a personal financial dashboard that allows users to:

• Record and track assets, liabilities, insurance policies and business interests;
• Integrate read-only banking transaction feeds;
• Upload documents;
• Use financial modelling and projection tools;
• Request contact from a financial advisor.

2.2 The App:

• Does not hold or control client funds;
• Does not execute financial transactions;
• Does not act as a custodian;
• Does not provide regulated financial advice;
• Does not guarantee financial outcomes.

2.3 The App provides general information and illustrative modelling tools only.

No Financial Advice

3.1 All information, calculations, alerts, prompts and projections provided through the App are for general informational purposes only.

3.2 Outputs generated by the App:

• Are based on assumptions;
• May rely on user-supplied or third-party data;
• Are not personalised financial advice.

3.3 Automated prompts (including notifications suggesting that you speak with an advisor) are system-generated and do not constitute a recommendation or regulated financial advice under New Zealand law.

3.4 If you request to speak with a financial advisor, that engagement is governed by separate disclosure documents and regulatory obligations under the Financial Markets Conduct Act 2013.

User Responsibilities

4.1 You are responsible for:

• Ensuring accuracy of data entered;
• Verifying external data feeds;
• Maintaining confidentiality of your login credentials;
• Safeguarding your encryption passphrase.

4.2 You acknowledge that loss of your encryption passphrase may result in permanent loss of access to encrypted documents, and we are unable to recover such data.

Open Banking Integration

5.1 The App integrates with Akahu to provide read-only access to banking transaction data.

5.2 Authentication is handled by Akahu.

5.2 Authentication is handled by Akahu.

5.4 Banking data is provided by third-party institutions via Akahu. We:

• Do not control those systems;
• Do not guarantee accuracy, completeness or availability;
• Are not responsible for outages, delays or errors in such data

Data Storage & Security

6.1 Core financial data is primarily stored locally on your device.

6.2 Documents uploaded via the App are encrypted using a user-controlled passphrase.

6.3 We cannot decrypt encrypted documents without your passphrase.

6.4 Necessary server-side components are hosted securely on Microsoft Azure.

6.5 Data is encrypted in transit using TLS and encrypted at rest within our hosting environment.

6.6 While we implement reasonable security measures, no system is completely secure and we cannot guarantee absolute security.

Subscription Plans

7.1 The App may offer free and paid subscription plans.

7.2 Paid plans may provide access to additional features.

7.3 Fees, billing cycles and renewal terms will be disclosed at purchase.

7.4 We may change pricing with reasonable notice.

7.5 Unless required by law, subscription fees are non-refundable.

7.6 Nothing in these Terms excludes your rights under the Consumer Guarantees Act 1993 where applicable.

Acceptable Use

You must not:

• Use the App unlawfully;
• Attempt to reverse engineer;
• Interfere with security;
• Upload malicious code;

Misrepresent data for fraudulent purposes.

Intellectual Property

9.1 All intellectual property in the App remains our property.

9.2 You retain ownership of data you input.

9.3 You grant us a limited licence to process data solely to operate the App.

Limitation of Liability

10.1 To the maximum extent permitted by law:

We are not liable for:

• Financial decisions made using the App;
• Market movements;
• Loss of profits;
• Indirect or consequential loss;
• Third-party system failures;
• Inaccurate data feeds.

10.2 Our total liability is limited to the greater of:

• NZD $100; or
• Fees paid by you in the preceding 12 months.

10.3 If you use the App for business purposes, you agree that the Consumer Guarantees Act does not apply where permitted by law.

Termination

11.1 You may terminate your account at any time.

11.2 We may suspend or terminate access for breach of these Terms.

Changes to Terms

We may update these Terms from time to time with reasonable notice.

Governing Law

These Terms are governed by the laws of New Zealand.