Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Latch platform, including the website at latchapp.co.nz, the gym management dashboard, the member unlock interface, and any hardware or software provided by Latch NZ Ltd (“Latch”, “we”, “us”, or “our”).

By creating an account or using the Latch service, you agree to be bound by these Terms. If you do not agree, do not use the service.

1. The service

Latch provides software and hardware that allows gym owners to automate member access control and payment collection. The service includes:

• A Raspberry Pi relay device shipped to your premises (“the Device”)
• Software running on the Device that controls a door relay
• A web-based dashboard for gym owners
• A web-based unlock interface for gym members
• Integration with Stripe for recurring membership payments

2. Accounts

You must create an account to use Latch. You are responsible for:

• Keeping your login credentials secure
• All activity that occurs under your account
• Notifying us immediately at support@latchapp.co.nz if you suspect unauthorised access

You must provide accurate information when creating your account. We may suspend or terminate accounts that provide false information.

3. Gym owners

Subscription fee

Gym owners pay a flat monthly fee of $200 NZD per door per month (“the Subscription”). The Subscription is billed in advance on a monthly basis via Stripe. We may update this fee with 30 days' written notice.

Platform fee on member payments

We charge a percentage fee on each member payment processed through the Latch platform. This fee covers Stripe processing costs and our platform fee. The exact rate is disclosed during onboarding and on your dashboard.

Stripe account

Gym owners must connect a Stripe account to receive member payments. Member payments are processed by Stripe and subject to Stripe's Terms of Service. We do not hold funds on your behalf.

Your responsibilities

As a gym owner, you are responsible for:

• Installing the Device correctly and safely at your premises
• Complying with any building, electrical, or health and safety regulations that apply to your installation
• Setting appropriate membership prices and collecting the correct GST
• Maintaining an up-to-date list of authorised members
• Ensuring your members are aware of how their data is used
• Complying with the Consumer Guarantees Act 1993 and Fair Trading Act 1986 in your dealings with members

4. Members

Members access Latch by signing up via a gym owner's invite link. By signing up, members agree to these Terms and to pay the membership fee set by their gym owner.

Door access is contingent on having an active, paid membership. Latch automatically grants access on successful payment and revokes it when a payment fails and retries are exhausted, or when the gym owner removes the member.

For payment disputes with a gym, members should contact the gym owner directly. Latch is not a party to the membership agreement between the member and the gym.

5. The hardware device

We ship the Device to you pre-configured. The Device remains the property of Latch NZ Ltd for the duration of your subscription. If you cancel your subscription, we may request the return of the Device. If the Device is not returned within 30 days of cancellation, you may be charged the replacement cost.

You must not modify, reverse-engineer, or tamper with the Device or its software. You are responsible for the physical security of the Device at your premises.

Latch is not responsible for any loss or damage caused by failure of the Device or the door it controls, including any security breach resulting from a connectivity failure (the door defaults to locked in such an event).

6. Payment and billing

By subscribing, you authorise Latch to charge your payment method on a recurring monthly basis. If a payment fails, we will attempt to retry. If retries are exhausted, your subscription may be suspended and access to the service may be interrupted.

All prices are in New Zealand Dollars (NZD). GST (if applicable) will be added to prices where required by law.

We do not issue refunds for partial months of service, except as required by the Consumer Guarantees Act 1993 or at our discretion.

7. Cancellation

You may cancel your subscription at any time by emailing support@latchapp.co.nz. There is no minimum term, no cancellation fee, and no lock-in contract.

Your subscription will remain active until the end of the current billing period. After cancellation, member access via the Device will cease.

We may terminate your account if you breach these Terms, engage in fraudulent activity, or if we are required to by law. In such cases we will provide reasonable notice where possible.

8. Acceptable use

You must not use Latch to:

• Violate any applicable laws or regulations
• Infringe the rights of any third party
• Attempt to gain unauthorised access to any system or data
• Interfere with or disrupt the service or its infrastructure
• Transmit viruses, malware, or any harmful code
• Collect or harvest data about other users without consent
• Use the service for any illegal, fraudulent, or harmful purpose

We reserve the right to suspend or terminate accounts that violate these requirements.

9. Service availability

We aim to maintain high availability but do not guarantee uninterrupted service. The service may be unavailable due to maintenance, upgrades, third-party outages, or events beyond our control.

The Device requires an active internet connection to process unlock commands. If your internet connection is unavailable, the door will default to locked. This is a deliberate security feature, not a defect.

10. Intellectual property

The Latch platform, software, and all associated materials are owned by Latch NZ Ltd and protected by applicable intellectual property laws. We grant you a limited, non-exclusive, non-transferable licence to use the service for its intended purpose.

You retain ownership of your data. By using Latch, you grant us a limited licence to process your data as necessary to provide the service.

11. Limitation of liability

To the maximum extent permitted by law, Latch NZ Ltd is not liable for any indirect, incidental, special, or consequential damages arising from your use of the service, including but not limited to loss of revenue, loss of data, or security incidents.

Our total liability to you for any claim arising out of or relating to these Terms or the service will not exceed the amount you paid us in the 12 months preceding the claim.

Nothing in these Terms limits any rights you have under the Consumer Guarantees Act 1993 that cannot be excluded by contract.

12. Privacy

Your use of Latch is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

13. Changes to these Terms

We may update these Terms from time to time. When we do, we will update the “Last updated” date at the top of this page and notify you by email for material changes. Continued use of the service after changes take effect constitutes your acceptance of the revised Terms.

14. Governing law

These Terms are governed by the laws of New Zealand. Any disputes will be subject to the exclusive jurisdiction of the New Zealand courts.

15. Contact

For questions about these Terms, contact us at:

• Email: support@latchapp.co.nz
• Company: Latch NZ Ltd, New Zealand