Terms and Conditions
Last updated: 21 July 2026
These Terms and Conditions (“Terms”) govern access to and use of the Ducksoup website, web application, and mobile app (together, the “Service”), operated by Ducksoup (“Ducksoup”, “we”, “us”, or “our”). By creating an account, signing in, or using the Service, you agree to these Terms on your own behalf and on behalf of the organisation you act for (“you” or “your organisation”). If you do not agree to these Terms, do not use the Service.
1. Business use only
The Service is supplied for business purposes. By using the Service you confirm that you are acquiring it in trade, for the purposes of a business, and not for personal, domestic, or household use.
You and we agree that the Service is supplied and acquired in trade, that the guarantees and other provisions of the Consumer Guarantees Act 1993 (NZ) do not apply to the Service, and that it is fair and reasonable that the parties are bound by this clause. To the extent permitted by section 5D of the Fair Trading Act 1986 (NZ), you and we also agree to contract out of sections 9, 12A, and 13 of that Act in respect of these Terms.
2. The Service is software, not an inspection service
Ducksoup provides software tools for capturing inspection findings and producing inspection reports, whatever the industry or subject of the inspection. We do not perform, supervise, review, verify, or certify inspections, and we make no assessment of any property, site, asset, or other thing you inspect.
- The contract for any inspection is solely between you and your client. We are not a party to it, and nothing in the Service ( including terms of engagement or report content you author in it) creates any relationship between us and your clients.
- You are solely responsible for the conduct of your inspections and for the professional judgment, observations, ratings, conclusions, and recommendations in every report you produce.
- We do not review reports for accuracy or completeness, and we make no representation that any report is accurate, complete, or fit for any purpose.
3. Accounts and organisations
- You must provide accurate account information and keep your sign-in credentials secure. You are responsible for all activity under your account.
- Workspaces are controlled by your organisation’s administrators, who manage members, roles, templates, and data. Disputes between an organisation and its members are internal to that organisation.
- Team access may be offered based on matching email addresses (for example, invitations). You are responsible for ensuring the email addresses you invite are correct and controlled by the intended people.
4. Your content
“Customer Content” means everything you and your team put into the Service: inspections, findings, photographs, voice recordings and transcriptions, measurements, contact details, templates, imported documents and past reports, and the reports you generate.
- You own your Customer Content. You grant us a licence to host, store, process, transmit, display, and back up Customer Content solely as needed to provide the Service, including sending relevant content to the third-party providers we use to operate it (such as AI processing, hosting, and file storage).
- Your content stays yours and stays private. We do not use your Customer Content to train AI models, and under our arrangements with our AI providers, they do not use it to train theirs. Your Customer Content is private to your organisation: we do not share it with other customers, and we do not use one organisation’s content (including templates and imported reports) to provide the Service to any other organisation. It is only visible outside your organisation where you share it yourself, for example via a share link or PDF.
- You warrant that you have all rights needed to upload and use your Customer Content. This applies especially to imported templates and past reports, for example material originally created for or owned by a former employer or another business.
- You warrant that your Customer Content is lawful and does not infringe any third party’s rights, including intellectual property, privacy, and reputation. Where reports or photographs contain personal information about clients, occupants, or others, you are responsible for complying with your obligations under the Privacy Act 2020 (NZ) and any other applicable law.
- We may remove or disable content that we reasonably believe breaches these Terms or the law.
5. AI-assisted features
The Service includes AI-assisted features, such as drafting observation text, describing photographs, transcribing voice notes, summarising findings, and extracting structure from imported documents. These features exist to save you time, not to replace your judgment.
- AI output is a draft only. It may be inaccurate, incomplete, or simply wrong. It may mis-describe a photograph, mis-transcribe speech, or omit something important.
- The AI does not detect defects. No AI feature in the Service inspects a property or identifies defects, hazards, or non-compliance, and you must never rely on it to catch anything you did not observe yourself.
- You must review everything. By publishing or sharing a report, you adopt all of its content, including any AI-drafted text, as your own professional work product.
- We accept no liability for AI-generated output or for your use of it.
6. Standards and compliance features are advisory only
- Checklists, importance markers, and compliance indicators in the Service are informational aids only. They do not certify, and we do not represent, that any inspection or report complies with any standard, code, or regulation that applies to your industry (for example, NZS 4306 or the healthy homes standards for property inspections).
- The Service may allow you to generate a report while items a standard calls for remain outstanding. Doing so is your decision and your responsibility.
- Templates we provide (including any pre-built library templates) are starting points only. They are not authoritative reproductions of any standard, and we do not warrant that they are current or complete. You must verify your inspection scope and report content against the standards that apply to your work.
7. Reports and sharing
- Reports are issued under your name and your organisation’s name. You are the author of record of every report you publish.
- Share links make a report viewable by anyone who has the link. You control who you give links and PDFs to, and we are not responsible for onward disclosure by recipients.
- You are responsible for downloading and retaining copies of your published reports in line with your own record-keeping and professional obligations. The Service is not a substitute for your own records retention.
8. Acceptable use
You must not:
- use the Service in breach of any law or these Terms;
- reverse engineer, scrape, resell, or provide the Service to third parties as a service bureau;
- interfere with the Service’s operation or security, or attempt to access another organisation’s data;
- upload malicious code; or
- represent that we have inspected a property or certified, endorsed, or verified a report.
9. Availability, offline use, and data
- The Service is provided on an “as is” and “as available” basis. We do not guarantee uninterrupted or error-free operation, and we may modify, suspend, or discontinue features at any time.
- Offline capture and sync are provided on a best-effort basis. Data captured offline may fail to sync, for example if a device is lost, damaged, or its storage is cleared before reconnecting. You are responsible for confirming your captures have synced.
- The Service depends on third-party providers (including hosting, storage, AI models, and sign-in). We are not liable for their unavailability or failures.
- We run backups to support platform recovery. We do not guarantee restoration of any particular customer data.
10. Fees
The Service is currently offered without charge during early access. We may introduce or change fees in the future with at least 30 days’ notice, and continued use after fees take effect requires payment. We may suspend access for non-payment.
11. Intellectual property
- We own the Service, its software, designs, and branding. We grant you a limited, non-exclusive, non-transferable licence to use the Service for your business while these Terms apply.
- If you give us feedback or suggestions, we may use them without restriction or payment.
12. No professional advice; insurance
Nothing in the Service (including templates, guidance text, and AI-generated drafts) is building, engineering, legal, or other professional advice. You are responsible for holding the qualifications, licences, and insurance (including professional indemnity and public liability cover) appropriate to your work.
13. Disclaimers
To the maximum extent permitted by law, we exclude all warranties, conditions, guarantees, and representations not expressly set out in these Terms, including any implied warranties of fitness for a particular purpose, accuracy, and non-infringement.
14. Limitation of liability
- To the maximum extent permitted by law, we are not liable for any indirect or consequential loss, loss of profit, revenue, business, goodwill, or data.
- We are not liable for any loss or claim arising out of an inspection you perform, a report you issue, or any decision made by your clients or any other person in reliance on a report, including a decision to buy, sell, lease, remediate, certify, or take any other action in respect of anything an inspection covers.
- To the maximum extent permitted by law, our total aggregate liability to you in connection with the Service is limited to the greater of (a) the fees you paid us in the 12 months before the event giving rise to the claim, and (b) NZ$100.
- Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law.
15. Indemnity
You indemnify us against any claim, loss, or expense (including reasonable legal costs) arising from a third-party claim, including a claim by your client, a purchaser, an owner, an occupant, or any other person, that relates to: an inspection you performed; a report you issued or shared; your Customer Content; your breach of these Terms; or your breach of any law, including privacy law.
16. Suspension and termination
- You may stop using the Service and close your account at any time. We may suspend or terminate access for breach of these Terms, for security or legal reasons, or on reasonable notice if we discontinue the Service.
- After termination you have 30 days to export your data (including published report PDFs); contact us if you need help. After that we may delete your Customer Content, except where we must retain information as described in our Privacy Policy or by law.
17. Changes to the Service and these Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date above, and material changes will be communicated through the Service or by email. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
18. General
- These Terms are governed by the laws of New Zealand, and the courts of New Zealand have exclusive jurisdiction.
- If any provision is unenforceable, the rest of the Terms remain in effect.
- You may not assign these Terms without our consent. We may assign them as part of a sale, merger, or restructure of our business.
- These Terms, together with our Privacy Policy, are the entire agreement between you and us about the Service.
- A failure to enforce a provision is not a waiver of it.
Contact us
Questions about these Terms? Call us on 027 123 4567.