Penguin Pilot — Module Rules (Schedule 1 to the Platform Terms of Service)

These rules form Schedule 1 to the Platform Terms of Service.

These rules apply only to the modules you actually use. If you don’t use a module, its rules don’t apply to you. If we release a new module, we may add a new Part to this Schedule.

Part A — CRM, Pipelines, Prospecting and Tasks

A.1 You are responsible for the accuracy of the records you create and for having the right to hold them.

A.2 Prospecting and “who to call” suggestions are generated from your own data and from AI scoring. They are suggestions, not recommendations, and they are not a compliance check. You must still comply with any do-not-call, do-not-contact or marketing-preference obligations that apply to you.

A.3 Pipelines can be configured to trigger charges when a record reaches a stage. Clause 8.4 applies. You are responsible for configuring those triggers correctly, and charges triggered by your configuration are payable.

A.4 Records count towards your System Usage meter.

Part B — Email (connected mailboxes)

B.1 Connecting a mailbox lets us read, sync, send and store messages from that mailbox on your behalf. You must have the right to connect that mailbox and, where it isn’t your own, the account holder’s permission.

B.2 Email contents synced into the platform become Customer Data. Be aware that mail from third parties, including personal correspondence, may be synced. You are responsible for the privacy consequences of connecting a mailbox.

B.3 We’re not responsible for messages that fail to sync or send because of the mail provider, spam filtering, deliverability decisions, or your own mailbox configuration.

Part C — Marketing Emails, SMS and Voice Memos

C.1 Consent. You warrant that you have valid consent — express, inferred or deemed under the Unsolicited Electronic Messages Act 2007 — for every recipient of every commercial message you send through the platform, and that you can evidence it. This applies to lists you upload, lists you import, and audiences you build.

C.2 Identification and unsubscribe. Every marketing message must clearly identify you as the sender with accurate contact details, and must include a functional unsubscribe that stays working for at least 30 days, is free, and can be used by the same method as the message. You must not remove, disable, alter or bypass the platform’s unsubscribe or suppression handling. Unsubscribe requests must be actioned within 5 working days — the platform does this automatically, and you must not undo it.

C.3 Suppression lists. The platform maintains suppression lists from unsubscribes, bounces and complaints. You must not send to a suppressed address, re-import a suppressed address, or move an address between audiences to get around suppression.

C.4 Deliverability. Sending reputation is shared infrastructure. If your sending generates excessive bounces, spam complaints or blocklisting, we may throttle, pause or terminate your sending immediately to protect other customers. We don’t guarantee delivery, inbox placement, or any open, click or conversion rate.

C.5 Sending domains. If you use your own sending domain, you’re responsible for the DNS records we specify and for the reputation of that domain.

C.6 SMS. SMS is subject to the same consent, identification and unsubscribe rules, plus the rules of the carriers and the destination country. SMS charges are passed through under clause 8.5.

C.7 Voice memos and voice cloning. You must have documented consent from the person whose voice is cloned, and that person must be a real person who has agreed to that specific use. You must not clone the voice of a public figure, a deceased person, or anyone who hasn’t consented. You must not use a cloned voice to deceive anyone about who is speaking. We may remove voice models and recordings that we reasonably believe breach this.

C.8 Marketing Emails consume the Marketing Emails meter. Voice generation consumes AI Credits.

Part D — Forms, Bookings, Websites and Widgets

D.1 You are the publisher of every form, booking page, website and widget you create. You are responsible for its content, for its privacy notice, and for the lawfulness of what you collect through it.

D.2 Where a form or booking page collects personal information, you must display a privacy notice that meets your obligations under the Privacy Act 2020, including IPP 3 and (where relevant) IPP 3A.

D.3 Published websites and widgets are served from our infrastructure. We may take down content that breaches the Acceptable Use Policy, is unlawful, or creates a security risk.

D.4 We don’t guarantee any uptime, search ranking, or performance for published sites.

D.5 Booking pages sync with your connected calendar. Double bookings, timezone errors and sync delays can happen. Confirm important appointments independently.

Part E — Social Advertising

E.1 You must hold your own advertising accounts and comply with the advertising platform’s policies. You pay the advertising platform directly for your spend. Clause 8 governs our advertising margin.

E.2 We’re not responsible for ad rejections, account restrictions, disapprovals, spend discrepancies between our reporting and the ad platform’s, or lost spend. The ad platform’s figures prevail over ours.

E.3 Leads captured through lead forms are Customer Data. You are responsible for contacting those leads lawfully.

Part F — Documents and Digi-Sign

F.1 What we provide. We provide software for preparing, sending, signing and storing documents electronically, including audit trails and cryptographic hash chains that record what happened and when.

F.2 What we don’t provide. We are not a law firm and we don’t give legal advice. We don’t draft, review or approve your documents.

F.3 Enforceability is your call. Where you use Digi-Sign properly and in accordance with our documentation, the signature is designed to meet the requirements for an electronic signature under Part 4 of the Contract and Commercial Law Act 2017 — that is, to adequately identify the signatory, adequately indicate their approval, and be as reliable as is appropriate in the circumstances. We do not warrant that any particular document signed through the platform is valid, binding or enforceable. Some documents cannot be signed electronically at all (for example wills, affidavits, statutory declarations, powers of attorney and certain land transfer documents), and some require specific consents or formalities. It is your responsibility to determine whether electronic signing is appropriate for each document, and to take legal advice if you’re unsure.

F.4 Consent to electronic form. You are responsible for obtaining each signer’s consent to sign and receive documents electronically, and for identifying signers correctly.

F.5 Retention. Signed documents and audit records are stored in private storage. You are responsible for keeping your own copies of anything you must retain, including after your subscription ends.

Part G — Design, Brand Studio and Generated Imagery

These rules apply to Design (our editor for creating and editing graphics, images, social posts, print materials and other visual content), Brand Studio and any imagery generated in the platform.

G.1 Designs, logos, brand boards and images you generate are yours, subject to clause 11.2 and 11.3.

G.2 Templates, fonts, stock imagery and brand elements we supply may be licensed from third parties. You may use them within the platform and in your own outputs, but you may not extract, redistribute or resell them separately.

G.3 AI-generated logos and brand marks are not cleared for trademark use. Before you use a generated mark as a trademark, do your own searches and take advice.

G.4 You must not use the design tools to reproduce someone else’s trademark, copyrighted work or brand without permission.

G.5 Your uploads. You must own, or have permission to use, every image, font, logo, video and other file you upload. You’re responsible for any rights clearance, including permission from people who appear in photos.

G.6 Supplied assets in your designs. G.2 continues to apply to templates and supplied assets when they form part of a design you export.

G.7 AI-assisted editing. Images generated or edited with AI, including through image generation, background removal and editing tools, can contain errors, distortions or unexpected content. It’s your responsibility to review them before you use, publish or print them. Clause 11 applies.

G.8 Exports and printing. Check every export before you publish or send it to print. Colours, fonts, sizes and resolution may appear differently on other devices or in print. We’re not liable for print costs, reprints or losses caused by an export you didn’t check.

G.9 Storage. Keep your own copy of anything important. We may remove designs and uploads in line with clause 21 after your account ends.

G.10 Usage. Storage, exports and processing consume System Usage. AI generation and AI editing consume AI Credits. Schedule 2 applies.

Part H — Calendar and Microsoft/Google Sync

H.1 Two-way sync is provided on a best-efforts basis. Sync can fail, lag or duplicate. Treat the third-party calendar as the source of truth for anything critical.

H.2 Connecting a calendar grants us access to events, attendees and availability in that account. Clause 12.2 applies.

Part I — Accounting, Payroll and Xero

I.1 The platform records and organises financial information. It is not an accounting system of record, a tax agent, or a payroll bureau, and it does not give accounting, tax or employment advice.

I.2 Checking is your responsibility. You’re responsible for checking AI invoice parsing, matching, commission calculations, expense splits, payslips and pay runs before you rely on them, pay anyone, or file anything. We are not liable for underpayment, overpayment, incorrect deductions, tax penalties, or errors in any figure produced by the platform.

I.3 Payroll and remuneration data is sensitive. Clause 10.4 applies. You must restrict access to it using the platform’s permissions.

I.4 Xero and other accounting integrations sync data as you configure them. You are responsible for the mapping, and for reconciling in your accounting system.

Part J — Training Academy

J.1 AI-generated course content, quizzes and answers must be reviewed before you publish them to learners. Clause 11.5 applies.

J.2 Certificates issued through the platform record completion of your course. They are not an accreditation by us and carry no professional recognition unless you’ve arranged that separately.

J.3 The training assistant answers questions using your own workspace content. It can be wrong, and it can surface content the asker was not intended to see if you have configured permissions incorrectly. Check your permissions.

Part K — Real Estate Modules

Available only where your workspace is configured for a real estate or property development industry.

K.1 Property data. Listing data, market statistics, comparable sales, suburb data and estimates come from you and from third parties. We don’t verify them. They are not an appraisal, a valuation, or a registered valuer’s opinion.

K.2 Market updates and vendor reports. Reports generated by the platform — including AI-generated market updates — are marketing and information tools. You’re responsible for reviewing them, and for any licensing rules about who must approve them, before they’re sent. You are responsible for their accuracy and for compliance with the Real Estate Agents Act 2008, the associated rules, and any REA guidance on advertising and appraisals.

K.3 Portal syndication. Publishing to Trade Me, realestate.co.nz, OneRoof or any other portal is subject to that portal’s terms, data standards and fees, which you must comply with directly. We’re not liable for listings that fail to publish, publish incorrectly, are withdrawn or are delayed, or for fees the portal charges you. Withdrawals and updates may not be instant.

K.4 Vendor and buyer portals. Seller dashboards, buyer file portals and feedback links are public pages under clause 13. You decide what to share with a vendor or buyer, and you’re responsible for it.

K.5 Open homes and viewings. Sign-in data collected at an open home is personal information you collect. You must display an appropriate privacy notice at the point of collection, and comply with IPP 3A where you use it to contact someone about anything other than the property they attended.

K.6 Offers and clauses. Clause templates in the platform are starting points, not legal advice. You’re responsible for having every offer, clause and contract reviewed by a licensed person or lawyer where required.

K.7 Trust money.

The platform does not hold, receive or handle trust money or deposits. Nothing in the platform is a substitute for your trust accounting obligations.

Part L — Chat, Feed and Notifications

L.1 Chat messages, feed posts, comments, reactions and attachments are created by Your Users. You are responsible for their content and for the conduct of Your Users, and you should have your own internal policy on acceptable use.

L.2 We may remove content, and suspend a user, where we reasonably believe it breaches the Acceptable Use Policy or the law. We don’t monitor internal content routinely.

L.3 Feed images are stored in public storage. Like avatars, brand assets and property photos, images posted to the internal feed are served from public storage so they load quickly. That means anyone with the file’s URL can open it, even if they can’t see the post. Don’t post confidential material as a feed image.

L.4 Chat attachments are stored in private, access-controlled storage.

L.5 Content posted by a user stays in your workspace when that user leaves. It is your Customer Data.

Part M — Automations and API

M.1 Automations run on your instructions. You are responsible for what they do, including messages they send, records they change and charges they trigger.

M.2 Automation runs consume the Automations meter. A run that fails still consumes usage where processing has occurred.

M.3 API access is subject to rate limits, which we may set and change. API calls consume System Usage. You must not use the API to circumvent metering, to scrape the platform, or to build a competing product.

Part N — Social Media Connector

These rules apply if you connect a social media account and publish, schedule or report on posts through the platform. They are written to stand on their own, so they read the same way wherever this connector is offered.

What this module is

N.1 The Social Media Connector lets you connect accounts you already hold on third-party social media platforms — for example Facebook, Instagram, LinkedIn, X, TikTok, YouTube, Pinterest and Google Business Profile — and then compose, schedule, publish and report on posts to those accounts from inside the platform.

N.2 We are a tool, not a broadcaster. We don’t create your posts, choose your audience, or decide when something goes out. Every post published through the connector is composed and scheduled by you, published to your own account, in your own name. You are the publisher of everything that leaves it.

Your accounts and permissions

N.3 You must hold each connected account lawfully and have authority to connect it. If the account belongs to a client, an employer or someone else, you must have their permission, and you are responsible for having it.

N.4 Connecting an account authorises us to act on that account through the platform’s published interfaces, using the permissions you grant — reading profile and page details, posting and scheduling content, and retrieving statistics. We use those permissions only to provide the connector to you.

N.5 We store the access tokens the platform issues, securely, on your behalf. You can disconnect an account at any time, and you can revoke our access from within the social platform itself. Disconnecting stops future scheduled posts for that account; it does not remove anything already published.

N.6 Tokens expire, get revoked, and break when a password changes or an account’s permissions are altered. When that happens, scheduled posts to that account will fail. We’ll show the connection as broken, but keeping your connections alive is your responsibility.

The social platforms’ own rules apply to you

N.7 Each social platform has its own terms, policies and community standards, and they apply to you directly. Connecting an account through us does not put us between you and them. You must comply with:

(a) the terms of service and community guidelines of every platform you connect;

(b) their advertising, commerce, political content and disclosure policies;

(d) their rules about who may post on behalf of whom.

N.8 YouTube. If you connect a YouTube account, you agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms), and you acknowledge that content you upload must comply with them. Google’s Privacy Policy

(https://policies.google.com/privacy) governs Google’s handling of the data involved. You can revoke our access to your Google account at any time via your Google security settings (https://myaccount.google.com/permissions).

N.9 Meta, and every other platform. Where a platform requires you to accept its terms, make a disclosure, or hold a particular account type or permission before an app may post on your behalf, that requirement is yours to meet. We may require you to accept a platform’s terms before we enable a connection.

N.10 We can be required to act by a platform. If a social platform tells us to stop a connection, remove content, or restrict a feature, we’ll comply, and we may disconnect your account without notice. That isn’t a breach of these terms by us.

What you publish

N.11 You warrant that, for everything you publish through the connector:

(a) you own it or have the rights to publish it — including images, video, music, fonts and any third-party material in it;

(b) it doesn’t infringe anyone’s intellectual property, privacy or publicity rights;

(d) where it’s an advertisement, an endorsement, a sponsored post or a paid partnership, it is disclosed as one, in the way the law and the platform require; and

(e) where it features a real person, a property, a client or a testimonial, you have the consents you need.

N.12 You own your content. We don’t claim ownership of anything you publish. You grant us only the licence in clause 9.2 — enough to store it, schedule it, format it for each platform, and send it where you’ve told us to send it.

N.13 We don’t review, approve or moderate what you publish. We may remove content or suspend the connector where we reasonably believe it breaches the Acceptable Use Policy, a platform’s rules, or the law.

Publishing is best efforts — read this one

N.14 We do not guarantee that any post will publish. Scheduling a post is an instruction to attempt publication at a time, not a promise that it will appear. Posts fail, and they fail for reasons that are ordinary rather than exceptional:

• the platform’s API is down, slow, rate-limiting us, or has changed;

• your token has expired or been revoked;

• your account has been restricted, suspended, throttled or shadow-limited;

• the platform rejects the content, the format, the media dimensions, the length, or the link;

the platform changes what a connected app is allowed to post, or withdraws the capability entirely; or
the platform’s own rules on frequency or duplication block it.

N.15 We are not liable for a post that fails to publish, publishes late, publishes twice, or publishes in a form you didn’t intend — including any commercial consequence of that: a missed campaign, a launch, an auction date, an open home, an event, or a time-limited offer. Clause 19 applies in full.

N.16 If it matters, check it. For anything time-critical or high-value, confirm the post actually appeared on the platform. We show delivery status where the platform gives it to us, and we’ll retry a failure where retrying is sensible, but neither is a guarantee.

N.17 Platforms change. Social platforms alter, restrict, price and withdraw their APIs regularly and without meaningful notice. A platform we support today may become unavailable, partially available, or available only on paid terms. We may add or remove supported platforms and features at any time, and clause 4.7 applies — that isn’t a breach of these terms by us.

Statistics and reporting

N.18 Reach, impressions, engagement and follower figures come from the platforms. We pass them through. We don’t verify them, and we don’t warrant they’re accurate, complete or current. Platforms restate figures, backfill, deduplicate and change their definitions, and historic numbers can move.

N.19 Where our figures and a platform’s own reporting differ, the platform’s prevail.

N.20 Some statistics are only available for a limited window, or only for certain account types. When a connection ends or a platform withdraws access, historic statistics may become unavailable, and we may not be able to recover them.

AI-assisted content

N.21 Where you use AI to draft, caption, hashtag or schedule a post, clause 11 applies in full — including that output can be wrong, that you must review it before it goes out, and that you are responsible for it once it does.

N.22 Several platforms now require AI-generated or materially AI-altered content to be labelled. Meeting that requirement is yours, on every platform you post to.

Your account, and enforcement against it

N.23 We are not responsible for what a social platform does to your account. If your account is restricted, suspended, banned, demonetised, deranked or deleted — whether because of what you posted, how often you posted, the platform’s automated enforcement, or for no stated reason at all — that is between you and that platform. We can’t restore it, appeal it, or compel them to explain it.

N.24 Nothing about using the connector reduces the risk of platform enforcement, and using it doesn’t make your posting compliant with anything.

Data and retention

N.25 Posts, drafts, schedules, media and statistics held in the platform are your Customer Data. Clauses 9 and 21 apply, including the export window on termination.

N.26 Content you have already published lives on the social platform, not with us. Deleting a post in the platform does not delete it from the social network unless the network supports deletion through its API and it succeeds. To be certain something is gone, remove it on the platform itself.

N.27 When you disconnect an account, we delete the stored tokens for it. We retain the posts, schedules and statistics already in your workspace unless you delete them.

Usage

N.28 Publishing, scheduling and statistics retrieval consume System Usage. AI drafting consumes AI Credits. Schedule 2 applies, including that a meter running out will pause scheduled publishing until the next Usage Period or a top-up.