Use Agreement Template for New Zealand

A Use Agreement is a critical legal document that governs how one party can use another party's assets, services, or intellectual property under New Zealand law. Whether you're a software provider granting access to your platform or a content creator licensing your work, this agreement protects your interests while clearly defining the scope of permitted use.

When do you need this document?

You'll need a Use Agreement when granting access to software applications, digital platforms, or proprietary systems to end users or corporate customers. This document is essential for SaaS providers offering cloud-based services, content providers licensing digital assets, or system owners allowing third-party access to their infrastructure. Technology companies frequently use these agreements when providing API access, data services, or specialized software tools to enterprise customers. The agreement becomes particularly important when your business involves recurring usage relationships rather than one-off sales transactions.

Key legal considerations

Your Use Agreement must clearly define the scope of permitted use, including any territorial, temporal, or functional limitations on usage rights. User obligations should be explicitly outlined, covering compliance requirements, prohibited activities, and performance standards expected from the user. Intellectual property protection clauses are crucial, ensuring your copyrights, trademarks, and trade secrets remain protected under the Copyright Act 1994. Include robust termination provisions that specify grounds for ending the agreement and procedures for data return or destruction. Liability limitations and indemnification clauses help protect your business from potential claims arising from user actions or system failures.

Legal requirements in New Zealand

Under the Contract and Commercial Law Act 2017, your Use Agreement must meet standard contract formation requirements including clear offer, acceptance, and consideration. If your agreement involves collecting personal information, you must comply with the Privacy Act 2020, including obtaining proper consent and providing privacy notices about data collection and use. The Fair Trading Act 1986 requires that all terms be clearly stated without misleading or deceptive language, particularly regarding service capabilities and limitations. For consumer users, the Consumer Guarantees Act 1993 may apply, providing statutory guarantees that cannot be excluded for personal use. If your agreement involves electronic communications or marketing, ensure compliance with the Unsolicited Electronic Messages Act 2007 regarding commercial electronic messages and consent requirements.