Terms and Conditions of Use
These Terms and Conditions of Use ("Terms") govern your use of the AmazeSpec application on any supported Apple device, and of the documents you produce with it (together, "AmazeSpec").
AmazeSpec is published by AMAZE INITIATIVE LIMITED, a company registered in New Zealand ("we", "us", "our"). Our contact details are in clause 30.
By installing, purchasing, accepting or using AmazeSpec you agree to these Terms. If you use AmazeSpec on behalf of an architectural practice, company or other organisation ("Organisation"), you confirm that you are authorised to accept these Terms for it. An Organisation is responsible for ensuring that the people it permits to use AmazeSpec comply with these Terms, and for their acts and omissions in using it.
Where you obtained AmazeSpec through the App Store, these Terms are the licence agreement between you and us for AmazeSpec, and Schedule 2 applies.
1. Purpose and professional use
AmazeSpec is professional software for architects, designers and other suitably qualified or experienced building-industry professionals. It helps them prepare architectural specifications for projects in New Zealand.
AmazeSpec asks the questions a specification has to answer, records the decisions you make, assembles clauses from its library according to those decisions, and reports what it finds missing, unresolved or potentially inconsistent.
It is an assistance and checking tool. It does not replace the professional judgement, knowledge, skill, review or responsibility of the person preparing or issuing a document. The specification you issue is your professional work product, issued by your practice, under your name.
2. What the outputs depend on
What AmazeSpec produces depends on:
- the information you enter, select or import;
- the decisions you make, and the decisions you leave unresolved;
- the rules, clause library and product information in the version of AmazeSpec you are using.
AmazeSpec may identify missing, unresolved or potentially inconsistent information. That is an assistance function only. The absence of a warning does not mean that no issue exists.
3. No certification, no verdict
AmazeSpec does not certify, approve or warrant that a project, specification or other document:
- complies with the New Zealand Building Code, the Building Act 2004 or any other legislation or regulation;
- complies with any Acceptable Solution, Verification Method, standard or alternative solution;
- satisfies the requirements of a building consent authority, or will obtain building consent or any other approval;
- is complete, or coordinated with drawings, schedules, engineering or consultant documentation;
- is suitable for tender, construction, use as a contract document, or any particular project or purpose.
AmazeSpec does not tell you whether your project is ready. When its pre-issue check shows "Nothing open", that means AmazeSpec found nothing it is able to list. It is not a statement that the document is ready, complete or compliant.
Where AmazeSpec reports a compliance route, it names the route and its limitations. It does not conclude that the route is satisfied. That conclusion is yours.
You may export a document while items remain open. AmazeSpec records that the export was made with those items open. Recording the export is not an approval of it.
4. Your professional responsibility
Before you issue or rely on a document produced with AmazeSpec, you must review it with appropriate professional judgement, in the context of the complete project documentation. Depending on the project, that may include the drawings and schedules, site and construction conditions, consultant and engineering information, consent requirements, applicable law, product selections, manufacturers' current literature, installation requirements, compatibility and warranties.
What "review" and "verify" reasonably require is a matter for your professional judgement: the sources material to the decisions you are making, anything AmazeSpec has reported as changed, unreachable or unconfirmed, and anything your knowledge of the project tells you to look at.
You must not issue a document on the assumption that AmazeSpec has found every error, omission, inconsistency or unresolved decision.
If you identify an apparent error, omission or material ambiguity in AmazeSpec, notify us as soon as reasonably practicable (clause 30), and do not knowingly rely on it in a document you issue.
You are responsible for holding any professional indemnity insurance your practice needs for the documents you issue.
You obtain the documents AmazeSpec refers to. Standards, Building Code documents, appraisals, certificates and manufacturers' literature are not supplied with AmazeSpec and are subject to their own publishers' terms. Naming a document, or linking to it, is not licensing it to you.
You hold the registration, licensing, supervision and insurance your work requires.
5. Your decisions, as you recorded them
You are responsible for the accuracy of the information you enter, and for confirming that what AmazeSpec recorded matches the design decision you intended.
AmazeSpec names a product only when you chose it. Where you select a performance (for example an R-value) without selecting a product, AmazeSpec records and prints the performance only. It does not choose a product for you, does not deduce one from the performance, and does not substitute one product for another.
Where information is unknown or unresolved, AmazeSpec shows it as "not specified", "unresolved", "to be confirmed" or an equivalent. That wording is deliberate. It is not a software fault, and it is not a line to delete.
6. No silent reconstruction of earlier decisions
AmazeSpec changes over time, including its data structures, catalogues and rules. Where a project made with an earlier version does not hold enough reliable information to establish a decision you made, AmazeSpec shows it as not specified or unresolved, or asks you to confirm it. It does not infer a decision it cannot establish from what was recorded.
You review regenerated documents before you issue them.
7. The review record and the demonstration marking
AmazeSpec records which sections of a project have been marked as reviewed, by whom, on what date, and against which version of the clause wording. That record belongs to the project. Reviewing a section on one project does not review it on another.
Marking a section reviewed is your statement that you have read it. The record supports your own quality process. It is not a substitute for reading.
Until every section a project uses has been marked reviewed, each page that project exports carries a demonstration marking ("demo content, not for construction use"). A document carrying it is not intended for construction or for lodgement with a consent authority. The marking is removed by completing the review, never by editing the export.
AmazeSpec records who in your practice marked a section reviewed or accepted these Terms. It does not check that the person was authorised to do so. Deciding who may act for your practice is yours.
8. Product and manufacturer information
AmazeSpec contains information about manufacturers, products, systems, technical characteristics, dimensions, performance values and installation requirements, transcribed from the documents it cites, with their edition or date. That information may change without notice.
Including a manufacturer or a product in AmazeSpec is not an endorsement, a certification of suitability, a confirmation of availability or of regulatory compliance, a confirmation that the information is current, or a substitute for the manufacturer's current published documentation.
Before you specify a proprietary product or system, verify what matters to your project against the manufacturer's current technical information. Manufacturers remain responsible for the information they publish.
9. How the library is kept up to date
We read the official sources that AmazeSpec's library relies on, on our side, and correct the library when we find a change. Those corrections reach you only in new versions of AmazeSpec. AmazeSpec does not update its library on its own between versions, and it does not watch manufacturers' websites for you.
This is how we maintain our product. It is not a monitoring service to you:
- we do not promise to detect every change, or to detect it within any period;
- many documents have no stable official location, and publishers do not tell us when they change;
- a document cited in AmazeSpec carries its edition or date, which is the edition AmazeSpec read. It is not a statement that no later edition exists.
A new version may change clause wording, rules and product information. Where a section you have marked reviewed has newer library wording, AmazeSpec tells you and lets you keep the wording you reviewed. A document you have already exported is a file you hold, and no version of AmazeSpec changes it.
10. Regulatory and technical information
Legislation, standards, Acceptable Solutions, Verification Methods and product certifications are amended, replaced and withdrawn. AmazeSpec may not reflect every change, interpretation or new publication straight away. You determine which requirements apply to your project at the relevant date. References in AmazeSpec assist professional users. They are not legal or regulatory advice.
11. Changes after issue
Where you record a change to a live project (a substituted product, a revised structural or geotechnical document, a recalculated energy model, a revised fire report, or evidence withdrawn by its issuer), AmazeSpec names the sections that change reaches and the sections it does not.
Naming what a change reaches is an aid to your process, not an assessment of the change. Whether a substitute suits the building, and what must be reissued and to whom, remain matters for your professional judgement and your contracts. AmazeSpec does not know about a change you do not record.
12. Generated documents
Documents produced with AmazeSpec are generated from your project information, your recorded decisions and AmazeSpec's rules. No software can guarantee that a generated document is free from errors, omissions, inconsistencies or content unsuitable for a particular project. Generating a document is not a sign-off, a certification or an approval by AmazeSpec or by us.
13. No professional services, and no reliance by third parties
We do not provide architectural, engineering, legal, quantity-surveying, building-surveying or other professional services. Using AmazeSpec does not create a professional relationship between us and you, your client, a contractor, a consultant, a consent authority or anyone else, and does not transfer to us any professional duty you owe.
A specification prepared with AmazeSpec is issued by your practice, on your professional judgement, to the people your practice contracts with. Anyone else who reads, prices, consents or builds from it does so on the strength of your issue. Nothing in an AmazeSpec export is a representation by us to any such person. Every export says so on its cover ("Issued by the practice named above, on its professional judgement. AmazeSpec assembles and checks; it does not certify compliance with the Building Code.") and in its footer.
You must not remove or alter that notice on a document you issue.
14. Where your projects are kept
Your projects are kept on your device. They are not sent to us, and they are not stored on any server of ours. We have no access to them, and we cannot recover or delete them.
When you save a copy of a project, it goes where you choose: for example your device, the Files app, or your iCloud Drive. Where you keep a copy with a third party (such as Apple), that party's terms apply to it.
Because we do not hold your projects, we cannot restore them. You are responsible for backing them up, and for keeping the copies of issued documents and records that your professional, contractual, regulatory, insurance and statutory obligations require. AmazeSpec is not to be treated as the sole archive of documents you are required to keep.
Where AmazeSpec cannot read a project file or one of its own data files, for example after an update, it sets the file aside under a dated name rather than overwrite it.
15. If your subscription ends, or you stop using AmazeSpec
If your subscription or free trial ends, for whatever reason, your projects stay where they are, and you can still open, read and export them, as PDF and as a saved copy. Creating projects and changing existing ones need an active subscription.
Your projects and the documents you exported stay where they are. Removing the application from a device removes the projects kept only on that device, so save a copy first.
We cannot promise that a given version of AmazeSpec will keep running on future operating systems or devices. Export the documents you need to keep as PDF, which does not need AmazeSpec to be read.
16. Information we receive, and the connections AmazeSpec makes
We do not receive your project information. AmazeSpec has no account and does not connect to any server of ours.
We receive only:
- from Apple, the information about your purchase that the App Store provides to developers;
- what you choose to send us, such as a support email, feedback, or a crash report you agree to share through Apple;
AmazeSpec connects to third-party websites only when you ask it to:
- when you open a link to a document or a manufacturer's page;
- when you export a specification with the list of manufacturers' documents. AmazeSpec then fetches each cited document from its publisher's address to check whether it is the copy that was read (clause 18). The fetched copies are kept only for that check and deleted when the export ends.
Those requests go from your device to the publisher's website. As with any internet request, they carry technical information such as your IP address, and that website's own terms and privacy practices apply to them.
How we handle personal information is set out in our Privacy Policy, under the Privacy Act 2020. Where you enter personal information about other people into a project (clients, consultants, contractors), it stays with your project, and you are responsible for being entitled to hold it.
17. Licence
Subject to these Terms and to payment of any applicable fee, we grant you a non-exclusive, non-transferable licence to use AmazeSpec and its clause library to prepare specifications for projects on which you or your Organisation are engaged, on the Apple devices you own or control, as the App Store rules permit.
You may:
- use, adapt and issue the specifications you produce as your own project documents, including for commercial gain;
- keep and use those documents, and the projects you created, after you stop using AmazeSpec.
You may not:
- redistribute, resell, sublicense or publish the clause library, or any substantial part of it, as a library or master text;
- reverse engineer AmazeSpec, or extract its rules, databases or source code, except to the extent the law allows despite this clause;
- systematically scrape or harvest its content;
- use AmazeSpec or its content to build, train or populate a competing specification library, database or product;
- circumvent its purchase, access or security controls;
- remove, alter or suppress the demonstration marking, the non-reliance notice, or the source and review information on an export, other than by completing the review the marking reports on.
AmazeSpec, its software, interface, clause library, rules, workflows, branding and documentation belong to us or our licensors. Your projects, and everything you write into them, belong to you.
Your right to use, adapt and issue the documents you produce does not transfer to you any ownership of, or right in, AmazeSpec's clause library, rules or databases, beyond the use of the text as it appears in your own project documents.
18. Third-party material and manufacturers' documents
AmazeSpec's clause library is written from primary sources. It does not reproduce the text of standards, of other publishers' specification libraries, or of manufacturers' documents. Where a third-party document is relevant, AmazeSpec names it so you can obtain it.
The export lists the manufacturers' documents with their links, rather than copying them into your PDF. When you export a specification with the list of manufacturers' documents, the list gives, for each cited document: its name and the edition or date cited, its address (as a link), the date it was read, a fingerprint of the copy that was read, and its status on the day of the export (unchanged, revised since, reached but not compared, unreachable, or no address). Where the cited address no longer serves the document and the publisher's page serves it elsewhere, the list gives the new address.
That status describes what AmazeSpec found at the publisher's address at the moment of the export. It does not confirm that the document is the current edition, that it applies to your project, or that the product is suitable. A linked document belongs to its publisher, who may change or withdraw it.
We do not control, and make no warranty about, the continued availability, content or accuracy of the third-party websites, documents or services that AmazeSpec names or links to.
Third-party trademarks, product names and documents belong to their owners. Naming them is not an endorsement.
If you believe any part of AmazeSpec reproduces material you own, contact us. We will investigate and, where the claim is substantiated, remove or rewrite it.
19. Feedback
If you send us suggestions or feedback, we may use the general ideas in it to improve AmazeSpec without payment or obligation. This does not transfer to us your project information, your architectural work or any other material you own.
20. Subscription, price and the App Store
AmazeSpec is offered as an auto-renewing subscription, monthly or annual, bought within the application through the App Store. Before you subscribe, the application shows the price, the length of the period, and what the subscription includes. Prices are in New Zealand dollars and include GST.
- Who it covers. A subscription belongs to the Apple account that bought it. Each person in a practice who prepares specifications with AmazeSpec needs their own subscription.
- Free trial. Where a free trial is offered, it starts when you subscribe. Unless you cancel at least 24 hours before the trial ends, the subscription continues as a paid subscription, charged to your Apple account.
- Renewal. A subscription renews automatically for the same period unless you cancel it at least 24 hours before the current period ends. Your Apple account is charged for the renewal within the 24 hours before the period ends.
- Cancelling. You manage and cancel your subscription in your Apple account settings, at any time. Cancelling takes effect at the end of the period already paid for. There is no minimum term and no entrance fee. Refunds are handled by Apple under its own policies.
- Founding price. If you subscribe before 31 March 2027, we will not increase the price of your subscription before 31 March 2029, for as long as it continues without interruption. After that date, the price then current applies. If it lapses and you subscribe again, the price then current applies.
- Price changes. We may change the price for future periods. Apple tells you about a price increase before it applies to you and, where Apple's rules require it, asks for your consent first. A price change never affects a period already paid for.
- Without a subscription, you keep the access to your projects set out in clause 15.
Purchases made through the App Store are processed by Apple, and Apple's payment and refund mechanisms apply.
21. Availability and changes to AmazeSpec
AmazeSpec runs on your device. It does not depend on our servers to open, read or export your projects.
AmazeSpec's functions, rules, catalogues and interface change as it develops. A project opened or regenerated in a later version may produce a different document. Keep copies of the documents you actually issued at each project stage, and review a newly generated document before issuing it, even where an earlier version of that project was reviewed.
22. Warranties, Consumer Guarantees Act and Fair Trading Act
To the extent permitted by law, AmazeSpec is supplied "as is". Except for obligations that cannot lawfully be excluded, we do not warrant that AmazeSpec will be error-free, that its information will always be complete, accurate or current, that every issue in a project will be identified, or that its use will result in regulatory approval or compliance.
AmazeSpec is supplied for business purposes. Where it is supplied and acquired in trade, and the requirements of section 43 of the Consumer Guarantees Act 1993 are met, the parties agree that the Act does not apply, to the extent that this is fair and reasonable. Where the Act applies and cannot be excluded, nothing in these Terms limits it.
Where you acquire AmazeSpec in trade, you and we agree that, to the extent permitted by section 5D of the Fair Trading Act 1986, and to the extent that it is fair and reasonable for us both to be bound, sections 9, 12A, 13 and 14(1) of that Act do not apply to the supply of AmazeSpec, and neither of us will bring a claim under those sections against the other. This does not apply where you do not acquire AmazeSpec in trade, and it does not exclude any other right or remedy under that Act. It does not change what we aim for: AmazeSpec cites its sources so that what it states can be checked, and we correct what we find to be wrong (clause 9).
Nothing on our website, in a demonstration or in a conversation about AmazeSpec adds a promise these Terms do not make.
23. Exclusion and limitation of liability
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, or liability for fraud.
Subject to that, and to the extent permitted by law:
- we are not liable for indirect or consequential loss, including loss of profit, revenue, anticipated savings, opportunity or goodwill, or business interruption;
- this applies both where AmazeSpec failed to report something it should have reported, and where it reported something that was not in fact an issue;
- if AmazeSpec does not work as these Terms describe, our responsibility is to fix it within a reasonable time or, if we cannot, to refund what you paid for the affected period (through Apple, where Apple processed the payment);
- our total liability arising from or relating to AmazeSpec, in contract, tort (including negligence), equity or otherwise, in any 12-month period is limited to the greater of the amount you paid for AmazeSpec in that period and NZ$500.
24. Indemnity
To the extent permitted by law, you indemnify us against third-party claims, and reasonable resulting costs, to the extent directly caused by your unlawful use of AmazeSpec, your infringement of a third party's rights, your unauthorised distribution of AmazeSpec's content, or your knowing use or alteration of a generated document in a materially misleading way, including issuing a document carrying the demonstration marking for construction or lodgement, or removing the non-reliance notice. This indemnity does not apply to the extent that the claim was caused by our breach of these Terms, our negligence, or a liability that cannot lawfully be excluded.
25. Acceptance, and the records each side keeps
AmazeSpec records that these Terms were accepted: on what date, by whom (if you give your name), with which version of AmazeSpec, and the fingerprint of the exact text shown. That record is kept with your other AmazeSpec data, on your device. You can read again what you accepted from within the application.
- Your practice's records (projects, contacts, review records, acceptances, exports recorded with open items) are yours, on your device.
- Our release records (which checks ran against which version of the library, and what they returned) are ours. They exist so that "what did this version check?" has an answer.
26. Ending your licence
You may stop using AmazeSpec at any time. We may end your licence if you materially breach these Terms, for example by extracting the clause library or circumventing purchase controls. Where reasonably practicable, we will give notice and a chance to remedy a breach that can be remedied.
Ending your licence does not affect the documents you have issued, which remain yours to use, nor your projects, which remain on your device.
27. Changes to these Terms
We may update these Terms. A material change will be shown in the application, and a new version takes effect for you when you accept it. Until you accept it, you can still open, read and export your projects. The version you accepted, and its fingerprint, are recorded (clause 25). Changes do not remove rights that cannot lawfully be removed.
28. Disputes
Before starting court proceedings, each party will try to resolve a dispute by good-faith negotiation after written notice describing it. This does not prevent urgent interim relief, action needed to preserve a limitation period, or the exercise of a statutory right.
29. General
These Terms are governed by New Zealand law, and the New Zealand courts have jurisdiction, subject to mandatory legal rights.
Neither party is liable for delay or failure caused by circumstances beyond its reasonable control, other than an obligation to pay amounts already due. If a provision is invalid, the rest continues to apply. A delay in enforcing a right does not waive it. You may not assign these Terms without our consent, which will not be unreasonably withheld. We may assign them as part of a genuine sale or restructuring of the AmazeSpec business. These Terms, our Privacy Policy and any agreement expressly incorporated form the whole agreement on AmazeSpec.
Test versions of AmazeSpec distributed through TestFlight or directly by us are also subject to the evaluation agreement shown in those versions. Where the two conflict for a test version, the evaluation agreement prevails.
30. Contact
AMAZE INITIATIVE LIMITED, publisher of AmazeSpec™
NZBN: 9429053918062
Registered office: as recorded on the New Zealand Companies Register for NZBN 9429053918062
Support, and notice of errors (clause 4): [email protected]
Legal notices: [email protected]
Schedule 1 — The principles behind these Terms
- AmazeSpec assists; the professional decides.
- A generated specification is professionally reviewed before it is issued.
- "Nothing open" is not "ready"; the absence of a warning does not establish compliance or completeness.
- AmazeSpec does not certify Building Code compliance or grant consent.
- AmazeSpec names a product only when you chose it.
- Unknown or unresolved information stays visibly unresolved; it is never inferred.
- Manufacturers' documents are cited, linked and checked, never copied.
- The library changes only with a new version; an exported document never changes.
- Your projects stay with you, on your device; we never receive them unless you send them.
- The practice that issues a specification is responsible for that issue.
Schedule 2 — Terms required by Apple for the App Store
This Schedule applies where you obtained AmazeSpec through the App Store.
- Parties. These Terms are between you and us only, not with Apple. We, not Apple, are solely responsible for AmazeSpec and its content.
- Scope of licence. The licence in clause 17 is limited to using AmazeSpec on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that AmazeSpec may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
- Maintenance and support. We alone are responsible for any maintenance and support of AmazeSpec, as set out in these Terms or as required by law. Apple has no obligation to provide any maintenance or support for AmazeSpec.
- Warranty. We are responsible for any product warranty, express or implied by law, to the extent not effectively disclaimed. If AmazeSpec fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to AmazeSpec. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility, subject to these Terms.
- Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to AmazeSpec or your possession and use of it, including product liability claims, claims that AmazeSpec fails to conform to an applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation. These Terms do not limit our liability to you beyond what applicable law permits.
- Intellectual property. If a third party claims that AmazeSpec or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
- Legal compliance. You represent and warrant that you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a "terrorist supporting" country, and that you are not listed on any United States Government list of prohibited or restricted parties.
- Contact. Questions, complaints or claims about AmazeSpec go to us, at the details in clause 30.
- Third-party terms. You must comply with any applicable third-party terms when using AmazeSpec.
- Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.