Terms of Use
Version 1.0
mySOPPLAN Customer Terms of Use
Version: 1.0 Effective from: 4 September 2026 Applies to: the organisation that subscribes to mySOPPLAN Companion documents: mySOPPLAN End User Terms of Use; mySOPPLAN Privacy Statement
Before you start
This is the agreement between your organisation and us. It is written to be read, not filed away. If anything in it is unclear, ask us before you accept it — we would rather explain it now than argue about it later.
There are two other documents you should know about:
- The End User Terms of Use is a short set of rules that applies to each person you give an account to.
- The Privacy Statement explains what we do with personal information.
One thing matters more than the rest, so we will say it here as well as in section 6: mySOPPLAN helps you plan. It does not decide anything. Every forecast, plan, calculation and suggestion it produces is a starting point for a person to check. You are responsible for the decisions your organisation makes, and for satisfying yourselves that the numbers are right before you act on them.
1. Who this agreement is with
1.1 mySOPPLAN is supplied by Norman John Chase, trading as Sopplan, a sole trader based in New Zealand ("we", "us", "our"). Our contact address for notices is 77 Pemberton Ave, Bayview, Auckland 0629, New Zealand, and our contact email is [email protected]. Our New Zealand Business Number is 9429051576066.
1.2 This agreement is with the organisation named on the onboarding form ("you", "your"). The person who completes that form confirms they are authorised to accept these terms for that organisation.
1.3 We may move this agreement to a company. We intend to incorporate a New Zealand company, expected to be named Sopplan Limited, and to move this business into it. When that happens we may transfer this agreement to that company without needing your consent, provided the company takes on all of our obligations under it. We will tell you when the transfer takes effect. Nothing else about your subscription changes — same service, same price, same terms, different name on the invoice. You may not transfer this agreement to anyone else without our written agreement, except to a company that buys your business.
1.4 Both of us are in trade. You are acquiring mySOPPLAN for the purposes of your business, and we are supplying it in the course of ours. This matters for sections 12, 13 and 15.
2. What you get
2.1 A tenant — your own private area of mySOPPLAN, with its own web address, its own database schema and its own users. Other customers cannot see your data and you cannot see theirs.
2.2 Access to the modules included in the plan shown on your invite and confirmed on your onboarding form.
2.3 Accounts for the people you choose, up to any limits in your plan.
2.4 Support, as described in section 8.
3. Your account and your people
3.1 You nominate a Tenant Administrator when you sign up. That person can add and remove users, set what each user can see and do, and change your configuration.
3.2 You are responsible for who you give access to, for what you let them do, and for what they do with it. Accounts are for one named person each — they must not be shared.
3.3 Multi-factor authentication will become required for administrator accounts. We will give you notice before it takes effect. In the meantime, and afterwards, please do not turn off security settings and then ask us to carry the consequences.
3.4 If you think someone has got into your tenant who should not have, tell us straight away at [email protected].
3.5 The End User Terms of Use apply to every person you give an account to. We publish them at mysopplan.com and they are available from within the system. You are responsible for making the people in your organisation aware of them and for making sure they follow them.
4. Free trial
4.1 If your plan includes a free trial, it runs for the number of days shown on your plan (30 days by default) and you do not need to give us payment details to start it.
4.2 During the trial you get the modules and limits in the trial plan.
4.3 If you subscribe before the trial ends, everything you have built during the trial is kept.
4.4 If the trial ends and you do not subscribe, your tenant becomes overdue. You then have a further grace period (14 days by default) before it is suspended. If it stays unpaid it is cancelled, and your data is deleted as described in section 7.5. We will warn you before that happens.
4.5 We are not liable to you for anything at all during a free trial, except for anything the law does not let us exclude. You have paid us nothing; section 13.3 caps our liability at what you have paid.
5. Fees and payment
5.1 The fees, the billing cycle (monthly or annual) and the plan are the ones shown when you subscribe.
5.2 Fees are billed in advance on the anniversary of your subscription start date. If that day does not exist in a given month, we bill on the last day of that month.
5.3 Fees exclude GST, which we add where it applies.
5.4 Payment is handled by a third-party payment provider. We never see or store your full card details.
5.5 If a payment fails, we will tell you, and we will retry. If it is still unpaid after the grace period (30 days by default), we may suspend your tenant until it is paid. Suspension means nobody can sign in; your data is still there.
5.6 Changing plan. Contact us to change plan and we will arrange it. An upgrade takes effect as soon as we apply it, with the fee adjusted for the rest of the cycle. A downgrade takes effect at the end of the current cycle. If a downgrade would put you over the new plan's limits, we will tell you first — your existing data is kept, but you will not be able to add more beyond the new limits.
5.7 Price changes. We may change our prices. We will give you at least 30 days' notice before a change takes effect, and it will not apply until your next billing cycle. If you do not want to pay the new price, you can cancel under section 14.1.
6. You own the decisions
This is the most important section in this agreement. Please read it properly.
6.1 mySOPPLAN is a planning and decision-support tool. It produces forecasts, plans, projections, recommendations, statistical models, calculations and reports based on the data you put into it and the settings you choose.
6.2 Those outputs are suggestions, not instructions and not advice. They are not financial advice, not professional advice, and not a guarantee about anything that will happen in the future. Forecasting is inherently uncertain. A forecast that turns out to be wrong is not a defect.
6.3 You must check the outputs before you rely on them. Before your organisation acts on anything mySOPPLAN produces — before you buy stock, commit capacity, place an order, tell a customer a date, or report a number to anyone — a competent person in your organisation must review it and satisfy themselves it is correct and sensible for your situation.
6.4 Your data drives everything. mySOPPLAN can only work with what you give it. If your master data, sales history, lead times, capacities or parameters are wrong, incomplete or out of date, the outputs will be wrong too. Keeping that data accurate is your job, not ours.
6.5 AI-assisted features are not yet available. When they are released they will work the same way: they suggest, a person approves. They can be wrong, and they can be confidently wrong. Your Tenant Administrator will be able to turn them off for your whole organisation. Section 6 of our Privacy Statement explains what data they will use. We will tell you before they are switched on.
6.6 You are responsible for every decision your organisation makes using mySOPPLAN, and for the consequences of those decisions — including decisions you would not have made if the system had shown you something different.
7. Your data
7.1 It is yours. You own the data you put into mySOPPLAN and everything the system derives from it. We do not claim any ownership of it.
7.2 What we do with it. We use your data to run the service for you: to store it, process it, back it up, and produce the outputs you ask for. We also use aggregated, de-identified information about how the service is used — things like which screens are slow — to keep it working well. We do not sell your data, we do not use it to train AI models, and we do not use it for anyone else's benefit.
7.3 Personal information. Your data may include personal information about your staff, customers and suppliers. Where it does, you are the agency responsible for it under the Privacy Act 2020, and we hold it on your behalf. Our Privacy Statement sets out how. You must have the right to give us that information in the first place, and you must tell the people concerned what you need to tell them.
7.4 Getting it out. While your subscription is active you can export your data from the system at any time. If you need a complete copy of everything, ask us and we will arrange it.
7.5 What happens when you leave. When your subscription is cancelled, your data is kept for a retention period (90 days by default) so you can get it back or change your mind. After that we permanently destroy it — the database schema, uploaded files, exports and audit logs — and we record that the destruction happened. Please export what you need before the retention period runs out. Once it is destroyed we cannot get it back.
7.6 Backups. Our database is backed up daily by our hosting provider and those backups are retained for seven days. Backups exist so we can recover the service after a failure, not as an archive for you — the window is short, and you should not rely on them instead of your own exports.
8. What we will do
8.1 Availability. We aim for the service to be available 99.5% of each calendar month, excluding planned maintenance and anything outside our reasonable control. That is a target we work to, honestly and in good faith. It is not a guarantee, and there are no service credits — if we miss it, section 13 governs what you can claim.
8.2 Planned maintenance. We will give you at least 48 hours' notice of planned maintenance where we can, and we will try to schedule it outside New Zealand business hours. Urgent security work may have to happen without notice.
8.3 Support. Email support at [email protected], Monday to Friday, 9am to 5pm New Zealand time, excluding public holidays. We aim to respond within one working day. We will do our best to fix problems, but we cannot promise that every problem is fixable or that a fix will arrive by a particular date.
8.4 Security. We will maintain the security measures described in our Privacy Statement, including encryption in transit, a managed database service that encrypts data at rest, strict separation between tenants, and — from the date described in section 3.3 — multi-factor authentication for administrators.
8.5 Changes to the service. mySOPPLAN is actively developed and will change. We will add features, improve things and occasionally remove something that is not working. If we remove or materially reduce a feature you rely on, we will give you at least 30 days' notice, and if that genuinely does not work for you, you can cancel under section 14.1 and we will refund the unused part of what you have paid in advance.
8.6 Things we depend on. mySOPPLAN runs on infrastructure we do not own, and depends on your internet connection. We are not responsible for outages caused by those.
9. What you must not do
You must not:
- try to access another customer's tenant or data, or test our security without our written permission;
- resell, sublicense or make mySOPPLAN available to anyone outside your organisation, unless we have agreed in writing;
- copy, decompile or reverse-engineer the software, or try to extract its source code, except where the law says you may;
- use mySOPPLAN to build a competing product;
- upload anything unlawful, malicious, or that infringes someone else's rights;
- put more load on the system than your plan allows, or use automation to get around plan limits;
- remove or obscure our branding or notices; or
- use mySOPPLAN in a way that breaks the law.
10. Confidentiality
10.1 Each of us will keep the other's confidential information confidential, and use it only for the purposes of this agreement. Your data is your confidential information. Our software, pricing and non-public documentation are ours.
10.2 This does not apply to information that is already public, that either of us already knew, or that we are required by law to disclose — and if we are required to disclose yours, we will tell you first unless we are not allowed to.
10.3 These obligations continue after this agreement ends.
11. Intellectual property
11.1 We own mySOPPLAN — the software, the design, the documentation, the name and everything in it — apart from your data. Nothing in this agreement transfers any of that to you.
11.2 You get a non-exclusive, non-transferable right to use mySOPPLAN for your own business for as long as your subscription is current and paid.
11.3 Feedback. If you tell us how to improve mySOPPLAN, we may use that freely and without owing you anything. We appreciate the suggestions.
12. What we promise, and what we do not
12.1 We promise that we have the right to supply mySOPPLAN to you, and that we will supply it with reasonable care and skill.
12.2 Beyond that, we supply mySOPPLAN "as is". We do not promise that it will be free of errors, that it will be available without interruption, that it will meet every requirement you have in mind, that its forecasts or recommendations will be accurate, or that using it will produce any particular business result.
12.3 Contracting out of consumer legislation. Because you are acquiring mySOPPLAN for business purposes and we are supplying it in trade:
- the Consumer Guarantees Act 1993 does not apply, and you agree under section 43(2) of that Act that it does not; and
- sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply, and you agree under section 5D of that Act that they do not.
Both of us agree that it is fair and reasonable to contract out of those Acts. Our prices are set on the basis that we do, both of us are in business, and both of us have had the chance to take advice on these terms before accepting them.
13. Limit on what you can claim
13.1 Neither of us is liable to the other for indirect or consequential loss, lost profits, lost revenue, lost savings, lost business opportunity, loss of goodwill, or loss or corruption of data beyond the cost of restoring it from the most recent backup — even if we were told that kind of loss was possible.
13.2 We are not liable for any loss that results from:
- decisions you or anyone in your organisation made using mySOPPLAN's outputs (see section 6);
- data you gave us being wrong, incomplete or out of date;
- anything done using an account you or your people gave access to; or
- your failure to export your data before the retention period in section 7.5 ran out.
13.3 The cap. Our total liability to you under or in connection with this agreement — for everything, however it arises, whether in contract, in tort (including negligence), under statute or otherwise, and taken together across all claims — is limited to the total fees you actually paid us in the 12 months immediately before the event giving rise to the claim.
If you have paid us nothing in that period — during a free trial, for example — our total liability is nil.
13.4 Nothing in this agreement limits liability that the law does not allow to be limited, including liability for fraud.
13.5 You must bring any claim within 12 months of becoming aware of the thing you are complaining about. After that, the claim is out of time.
13.6 Why this is here. mySOPPLAN is a low-cost tool used to inform decisions that can involve much larger sums than we charge for it. We cannot price the service as if we were insuring your supply chain. The cap reflects that, and both of us accept it as a fair allocation of the risk.
14. Ending the agreement
14.1 You can cancel at any time, effective at the end of your current billing cycle. Tell us in writing at [email protected]. We do not refund fees for a cycle that has already started, except where section 5.7 or 8.5 says otherwise.
14.2 We can cancel by giving you 60 days' written notice, and we will refund the unused part of anything you have paid in advance.
14.3 We can suspend your access immediately if you have not paid after the grace period, if we reasonably believe there is a security risk to you or to other customers, or if you are seriously breaching section 9. We will tell you why, and we will lift the suspension as soon as the reason for it has gone.
14.4 Either of us can end this agreement immediately if the other seriously breaches it and does not put it right within 20 working days of being asked to in writing, or if the other becomes insolvent.
14.5 What survives. Sections 6, 7.5, 10, 11, 12, 13, 15 and 16 continue to apply after this agreement ends.
15. If we disagree
15.1 Talk first. If something goes wrong, tell us in writing and describe the problem. Both of us will try in good faith to sort it out. If we have not resolved it within 20 working days, either of us can go to arbitration.
15.2 Arbitration. Any dispute arising out of or in connection with this agreement — including any question about whether it exists, is valid, or has ended — must be resolved by binding arbitration under the Arbitration Act 1996, and not by a court.
- One arbitrator.
- If we cannot agree who, the Arbitrators' and Mediators' Institute of New Zealand (AMINZ) appoints them.
- The arbitration is held in Auckland, New Zealand, in English.
- The arbitration is confidential.
- The arbitrator's decision is final and binding on both of us.
- We each pay our own costs, and we share the arbitrator's fees equally, unless the arbitrator decides otherwise.
15.3 Both of us agree to this at a time when we are each acting in trade, and neither of us is a consumer for the purposes of section 11 of the Arbitration Act 1996.
15.4 Neither of us will start court proceedings about a dispute covered by 15.2. If one of us does, the other can apply to have them stayed.
15.5 This agreement is governed by New Zealand law.
16. General
16.1 Changes to these terms. We may update these terms. Every version is numbered and dated. We will give you at least 30 days' notice of a material change, by email to your Tenant Administrator and a notice in the system. If you do not accept the new version, you can cancel under section 14.1 before it takes effect; if you keep using mySOPPLAN after it takes effect, you have accepted it.
16.2 The acceptance record. When you accept these terms, we record which version you accepted, the name and email of the person who accepted it, when, the internet address it came from and the browser used. That record is kept permanently as evidence of the agreement. You can ask us for a copy at any time.
16.3 Notices. We will send notices to your Tenant Administrator's email address. You send notices to us at [email protected]. It is your job to keep that administrator address current.
16.4 Referring to you. We would like to name you as a customer in our marketing. We will not do it without asking you first.
16.5 Whole agreement. These terms, together with your onboarding form and your plan details, are the whole agreement between us about mySOPPLAN, and replace anything either of us said before. Neither of us has relied on anything not written down here.
16.6 If part of this is unenforceable, that part is severed and the rest keeps working.
16.7 Not waiving. If one of us does not enforce something straight away, that does not mean we have given it up.
16.8 Nobody else. Only you and we have rights under this agreement. No other person can enforce it under subpart 1 of Part 2 of the Contract and Commercial Law Act 2017.
16.9 Things outside our control. Neither of us is liable for a failure caused by something genuinely beyond our reasonable control — but this does not excuse you from paying.
Definitions, briefly
| Term | What it means |
|---|---|
| Tenant | Your private area of mySOPPLAN, with its own web address, database schema and users |
| Tenant Administrator | The person in your organisation who manages your tenant's users and settings |
| Plan | The subscription level that sets which modules you get and what your limits are |
| Your data | Everything you put into mySOPPLAN and everything the system derives from it |
| Working day | A day other than a Saturday, Sunday or New Zealand public holiday |
Document control
| Document | mySOPPLAN Customer Terms of Use |
| Version | 1.0 |
| Effective | 4 September 2026 |
| Supplier | Norman John Chase, trading as Sopplan |
| NZBN | 9429051576066 |
| Governing law | New Zealand |
| Acceptance | Recorded on the onboarding form — version, name, email, timestamp, source IP address and browser |