Terms of service

CraneNav® Terms of Service

1. Introduction
1.1 These Terms of Service (Terms) govern your access to and use of the CraneNav® software‑as‑a‑service platform, websites (including cranenav.com), APIs and related services (together, the Service), which are operated by or on behalf of CraneNav Limited (CraneNav, we, us, our).

1.2 By creating an account, subscribing to, accessing or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other entity, you represent and warrant that you are authorised to bind that entity, and references to you and your are to that entity.

1.3 If you do not agree to these Terms, you must not access or use the Service.

1.4 The Service is provided for business and commercial use only. To the maximum extent permitted by law, the parties agree that the Consumer Guarantees Act 1993 and any other consumer‑protection legislation does not apply to the supply of the Service.

2. Service Description

2.1 CraneNav® provides a permit‑aware, geospatial navigation and routing platform designed for mobile crane and similar heavy vehicle operations.

2.2 The Service may include (as applicable to your subscription):

•  Route planning and navigation using crane‑specific and/or heavy‑vehicle attributes and permit data.

• Integration of bridge, culvert and other infrastructure restrictions based on applicable permits and other data sources.
  Bridge/culvert location must include WGS84 coordinates or NZTM2000. No other GIS location data can be accepted.

• Turn‑by‑turn navigation via web and/or mobile progressive web applications.

• Access to dashboards, reports, logs and other tools relating to your use of the Service.

2.3 We may update, improve, or modify the features and functionality of the Service from time to time, including adding or removing features, provided that such changes do not materially reduce the core functionality of the Service for which you have paid.

3. Eligibility

3.1 You must be at least 18 years old to register for an account and use the Service.

3.2 You may use the Service as an individual crane operator or on behalf of a business. Where you use the Service on behalf of a business, you warrant that you have authority to bind that business to these Terms.

3.3 You must ensure that all information you provide to us (including registration and billing information) is true, accurate, current and complete, and you must keep this information up to date.

4. Accounts, Security and Access

4.1 You are responsible for all activity occurring under your account(s). You must keep your login credentials secure and must not share them with any unauthorised person.

4.2 You must notify us immediately if you become aware of any unauthorised access to or use of your account, or any other breach of security.

4.3 To the maximum extent permitted by law, we are not responsible or liable for any loss, damage or other consequence arising from any unauthorised access to your account that results from your failure to keep your credentials secure.

4.4 We may require you to enable multi‑factor authentication or implement other security measures as a condition of accessing the Service.

5. Subscriptions, Fees and Payment

5.1 Access to the Service is provided on a subscription basis. Subscription tiers, inclusions and pricing are described on cranenav.com or in a separate order form or proposal agreed in writing between you and us.

5.2 Unless otherwise agreed in writing:
 

• Fees are payable in advance, monthly or annually, as specified during sign‑up.

• All fees are exclusive of GST and any other applicable taxes, which will be charged in addition.

• Fees are non‑refundable, except where a refund is required by law or we expressly agree in writing.

5.3 Subscriptions will automatically renew at the end of each billing period for a further period of the same length, unless you cancel your subscription in accordance with clause 12 before the renewal date.

5.4 We may change our fees or subscription plans from time to time. Any changes will take effect from the start of your next billing period. We will provide you with reasonable advance notice of any fee changes, and you may cancel your subscription before the changes take effect if you do not agree to them.

5.5 If any amount owed by you under these Terms is overdue and remains unpaid after we have notified you, we may (without limiting any other rights) suspend your access to the Service until all outstanding amounts are paid in full.

6. Acceptable Use

6.1 You must use the Service only for lawful purposes and in accordance with these Terms.

6.2 You must not (and must ensure that your users do not):

• Use the Service in any way that is unsafe or that could reasonably be expected to create a risk to the safety of people or property.

• Input, upload, or otherwise provide any permit data, vehicle data or other information that you know (or ought reasonably to know) is inaccurate, incomplete, misleading, unauthorised or out‑of‑date.

• Attempt to gain unauthorised access to, probe, scan, test the vulnerability of, or disrupt the Service, any related systems or networks, or any other user’s accounts or data.

• Use the Service in a way that could damage, disable, overburden or impair the operation of the Service or interfere with any other party’s use of the Service.

• Copy, frame, mirror or resell the Service, or make the Service available to any person other than your authorised users, without our prior written consent.

• Use the Service to develop or improve a competing product or service, or otherwise for benchmarking or competitive analysis except with our prior written consent.

6.3 You are solely responsible for the acts and omissions of anyone who accesses the Service using your accounts or under your control (including your employees, contractors, and crane operators).

7. Service Availability and Support

7.1 We will use reasonable efforts to make the Service available on a 24/7 basis, excluding planned maintenance and any unavailability caused by circumstances beyond our reasonable control (including failures of the internet or any third‑party hosting, telecommunications or map/routing providers).

7.2 We may perform scheduled maintenance or deploy updates from time to time. Where practicable, we will schedule maintenance outside normal business hours and provide notice in advance.

7.3 The Service relies on third‑party infrastructure and services (such as cloud hosting providers and mapping/routing APIs). We are not responsible for delays, failures or interruptions attributable to those third‑party services, but will use reasonable efforts to work with those providers to restore the Service where issues arise.

7.4 We may provide standard support services as described on cranenav.com or in your subscription plan. Any enhanced or priority support may be subject to additional fees and separate terms.

8. Data, Privacy and Confidentiality

8.1 You retain all ownership rights in the permit data, vehicle data, job data and other information or content you upload or provide to the Service (Customer Data).

8.2 You grant us a worldwide, non‑exclusive, royalty‑free licence (with the right to sublicense to our service providers) to host, store, use, process, transmit and display Customer Data as reasonably necessary to:

• Provide, maintain and improve the Service;

• Prevent or address service, security or technical issues;

• Comply with law, court orders or governmental requests; and

• Produce aggregated and/or anonymised data that does not identify you or any individual, which we may use for analytics, benchmarking, product improvement and other lawful purposes.

8.3 We will handle personal information in accordance with the New Zealand Privacy Act 2020 and our Privacy Policy, as updated from time to time.

8.4 You are responsible for ensuring that you have all necessary rights, consents and approvals to provide Customer Data to us and to authorise our use of it in accordance with these Terms, including any necessary consents from crane operators, employees or other individuals whose personal information you input into the Service.
8.5 Each party must keep the other party’s non‑public information (including Customer Data and our technical, commercial and business information) confidential and must not disclose it except:
   •    To its personnel, professional advisers or service providers who have a need to know and are under confidentiality obligations; or
   •    As required by law or with the other party’s prior written consent.

8.6 On termination of your subscription, you may request a copy of Customer Data in a reasonable export format. We will make Customer Data available for a limited time after termination (as set out in our Privacy Policy), after which it may be deleted or anonymised from our active systems and backups, subject to any legal retention requirements.

9. Intellectual Property

9.1 As between you and us, all intellectual property rights in and to the Service (including all software, source code, object code, algorithms, databases, interface designs, documentation, know‑how, trade marks and branding) are and remain owned by CraneNav or its licensors.

9.2 Except for the limited rights expressly granted in these Terms, nothing in these Terms transfers or assigns any intellectual property rights in the Service to you or any third party.

9.3 We grant you a limited, non‑exclusive, non‑transferable, non‑sublicensable licence, during your paid‑up subscription term, to access and use the Service in accordance with these Terms and any applicable subscription plan.

9.4 You must not (and must ensure your users do not), directly or indirectly:

• Copy, modify, adapt, translate or create derivative works based on any part of the Service;

• Reverse‑engineer, decompile, disassemble or otherwise attempt to derive the source code or underlying ideas or algorithms of the Service (except to the extent permitted by non‑waivable law);

• Remove or tamper with any copyright, trade mark or other proprietary notices on or in the Service;

• Use any of our trade marks, including “CraneNav®”, without our prior written consent.

9.5 You grant us a royalty‑free, worldwide, irrevocable, perpetual licence to use and incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback you provide, without any obligation or compensation to you.

10. Disclaimers

10.1 You acknowledge that:

• The Service provides navigation, routing and related information based on Customer Data, permits, regulatory information and third‑party data sources available at the time of use, which may not always be complete, accurate or up‑to‑date.

• The Service cannot account for every on‑the‑ground condition, hazard, closure, temporary restriction, weight limit or enforcement action.

• The Service is a tool to assist your decision‑making and is not a substitute for professional judgement, driver vigilance, compliance checks or reading and complying with permits and road signs.

10.2 To the maximum extent permitted by law, the Service is provided on an “as is” and “as available” basis and we exclude all warranties, representations and guarantees (whether express, implied or statutory), including any implied warranties of merchantability, fitness for a particular purpose, non‑infringement, or that the Service will be uninterrupted, error‑free, accurate or secure.

10.3 You are solely responsible for:

• Ensuring that your vehicles, loads and routes comply with all applicable road laws, permits, consents, approvals, axle and gross weight restrictions, height and width limits, and any other regulatory or safety requirements at all times;

• Verifying routes, bridge and culvert restrictions, clearances and other constraints against your permits and on‑road signage before and during travel;

• The acts and omissions of your employees, contractors and crane operators.

10.4 We do not provide legal, engineering or safety advice, and you should seek your own independent advice before relying on the Service for any critical decisions.

11. Limitation of Liability

11.1 Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for fraud, wilful misconduct or any other liability that cannot be excluded by contract.

11.2 To the maximum extent permitted by law, we are not liable to you (whether in contract, tort, including negligence, equity, breach of statutory duty or otherwise) for any:

• Loss of profit, revenue, business, customers, opportunities or anticipated savings;

• Loss of or damage to data;

• Loss of goodwill or reputational damage;

• Consequential, indirect, special, incidental, punitive or exemplary damages, arising out of or in connection with your use of, or inability to use, the Service, even if we have been advised of the possibility of such loss or damage.

11.3 To the maximum extent permitted by law, our aggregate liability to you arising out of or in connection with these Terms or the Service in any 12‑month period (whether in contract, tort, including negligence, equity, breach of statutory duty or otherwise) is limited to an amount equal to the total subscription fees actually paid by you to us for the Service in that 12‑month period.

11.4 You agree that the limitations and exclusions of liability in these Terms are reasonable given the nature of the Service and the fees charged, and that, without these limitations, the fees would be substantially higher.

11.5 You must take all reasonable steps to mitigate any loss or damage you suffer arising out of or in connection with these Terms or the Service.

12. Indemnity

12.1 You indemnify us, our directors, officers, employees and contractors against any loss, damage, liability, cost or expense (including reasonable legal costs) arising out of or in connection with:

• Your or your users’ breach of these Terms;

• Any Customer Data (including any allegation that Customer Data is inaccurate, misleading or infringes any third‑party rights or laws);

• Your or your users’ use of the Service in a manner not authorised by these Terms or contrary to applicable law, including road safety and permit requirements.

12.2 This indemnity is subject to us:

• Promptly notifying you of any claim;

• Providing you with reasonable assistance (at your cost); and

• Allowing you to control the defence and settlement of the claim, provided that you may not settle any claim in a way that imposes any admission of liability or obligation on us without our prior written consent.

13. Suspension and Termination

13.1 We may immediately suspend or restrict your access to the Service (in whole or in part) if:

• You fail to pay any fees when due;

• We reasonably believe that you or your users are using the Service in breach of these Terms, in a way that may cause harm to us, the Service, other users, or any person or property, or that may result in a safety or legal risk; or

• We are required to do so by law or by a court or governmental authority.
   

13.2 Either party may terminate your subscription and these Terms:

• For convenience, on at least 30 days’ written notice to the other party, to take effect at the end of the current billing period; or

• Immediately on written notice if the other party materially breaches these Terms and fails to remedy that breach within 20 days after receiving written notice of the breach.
   

13.3 On termination or expiry of these Terms for any reason:

• Your right to access and use the Service will end;

• You must immediately cease all use of the Service;

• You must pay all outstanding fees up to the effective date of termination (and any minimum commitment amounts, if applicable).

13.4 Clauses that, by their nature, are intended to survive termination (including clauses 8, 9, 10, 11, 12, 14 and 15) will continue in full force and effect.

14. Changes to These Terms

14.1 We may update or modify these Terms from time to time. The most current version will be posted on cranenav.com with the effective date.

14.2 If we make any material changes, we will take reasonable steps to notify you (for example, by email or via the Service) prior to the changes taking effect.

14.3 Your continued access to or use of the Service after the effective date of any updated Terms constitutes your acceptance of those changes. If you do not agree to any updated Terms, you must stop using the Service before the changes take effect.

15. Governing Law and Disputes

15.1 These Terms, and any dispute or claim arising out of or in connection with them or the Service, are governed by the laws of New Zealand.

15.2 The parties submit to the non‑exclusive jurisdiction of the courts of New Zealand in respect of all disputes arising out of or in connection with these Terms.

15.3 Before commencing any court proceedings, the parties must use reasonable efforts to resolve any dispute through good‑faith negotiations, escalating the dispute to senior management where appropriate.

16. General

16.1 Assignment: You must not assign, transfer or otherwise deal with any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights or obligations under these Terms (in whole or in part) in connection with a merger, acquisition, corporate reorganisation or sale of assets, or by operation of law.

16.2 Subcontractors: We may use subcontractors and service providers (including cloud hosting providers) in connection with providing the Service, provided that we remain responsible for their performance.

16.3 Entire agreement: These Terms (together with any order form or proposal agreed in writing) constitute the entire agreement between you and us regarding the Service and supersede all prior agreements, understandings or representations relating to the Service.

16.4 Severability: If any part of these Terms is held to be invalid, illegal or unenforceable, that part will be modified to the minimum extent necessary to make it enforceable (or, if not possible, severed), and the remaining provisions will remain in full force and effect.

16.5 No waiver: A failure or delay by either party to exercise any right or remedy under these Terms will not operate as a waiver of that right or remedy. A waiver of any right or remedy must be in writing and signed by the waiving party.

16.6 Notices: Any notices under these Terms must be in writing and sent by email or by other electronic means we specify in the Service. Notices to you will be sent to the email address associated with your account or any updated contact details you provide. Notices to us must be sent to the contact details set out in clause 17 (or as updated by us).

17. Contact Us

If you have any questions about these Terms or the Service, please contact:

CraneNav
Email: info@cranenav.com