Standa
These Terms of Service set out the terms on which Workhouse Marketing Limited provides access to the Standa platform. They are a legal agreement between Workhouse Marketing Limited and the organisation and people who use Standa. Please read them carefully.
These Terms are between Workhouse Marketing Limited, a company incorporated in New Zealand that trades as Mighty and Standa (“Standa”, “we”, “us” or “our”), and the organisation that subscribes to or uses Standa (the “Customer”, “you” or “your”). By entering into an Order, accessing or using the platform, or authorising others to do so, you agree to these Terms.
If you are agreeing to these Terms on behalf of an organisation, you confirm that you have authority to bind that organisation. If you are an individual user given access by a Customer (for example, a Network administrator, manager or member), your use is also subject to these Terms and to any rules your Customer sets.
Standa is a cloud-based platform that helps Networks measure, benchmark and improve marketing performance across their members or locations. Subject to these Terms and any Order, we grant the Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Service for its internal business purposes during the subscription term. We may add, change or remove features from time to time as the platform evolves, provided we do not materially reduce the core functionality the Customer is paying for during a paid term.
Access is provided through individual accounts. The Customer and its Authorised Users are responsible for keeping login credentials confidential and for all activity that occurs under their accounts. Staff and administrator accounts must use two-factor authentication where the platform requires it. You must notify us promptly at info@standa.io if you suspect any unauthorised access. Different roles carry different permissions, and each Customer’s data is kept strictly separated from every other Customer’s. You must not attempt to access another Network’s data or any part of the Service you are not authorised to use.
The Customer is responsible for:
You must not, and must not permit anyone to:
The Service can connect to third-party platforms (such as Google and Meta) that the Customer authorises. Those connections are governed by the third party’s own terms, and your use of them is at your own risk. You are responsible for having the right to connect each account and for the authorisations you grant. We access connected data on a read-only basis to provide the reporting features you ask for, and you may disconnect an account at any time. We are not responsible for the availability, accuracy or changes to any third-party platform, or for data those platforms make available to us.
As between you and us, the Customer owns all Customer Data. You grant us a non-exclusive, worldwide licence to host, copy, process, transmit and display Customer Data as needed to provide and support the Service, to keep it secure, and otherwise in accordance with these Terms and our Privacy Policy.
Where Customer Data includes personal information, we handle it as a service provider acting on the Customer’s instructions, as described in our Privacy Policy. We maintain appropriate technical and organisational security measures. On termination we will return or delete Customer Data in accordance with section 17 and our Privacy Policy. You are responsible for keeping your own copies of anything you need to retain; while we take backups for operational resilience, the Service is not a system of record or archival service.
A core purpose of Standa is benchmarking. We may generate aggregated and de-identified data and statistics from use of the Service — including peer comparisons within a Network — and use them to operate, analyse, benchmark and improve the Service. Aggregated data is only ever presented for groups large enough that no individual business can be identified, and we do not disclose one Network’s identifiable data to another. Aggregated and de-identified data, which does not identify the Customer or any individual, is owned by us.
We (and our licensors) own all intellectual property rights in the Service, including its software, design, content, the marketing-standards frameworks and scoring methodology, and all improvements to them. Except for the limited right to use the Service granted in these Terms, nothing transfers any of our intellectual property to you. If you give us feedback or suggestions, we may use them freely to improve the Service without any obligation to you.
Fees, billing frequency, the subscription term and any renewal terms are as set out in the applicable Order. Unless the Order says otherwise, fees are exclusive of GST and other taxes, and are payable in the currency and on the payment terms stated in the Order. We may suspend access for accounts with materially overdue fees after giving reasonable notice. Where no Order is in place (for example, during an evaluation or pilot), access is provided free of charge and may be changed or withdrawn on reasonable notice.
Each party may receive confidential information of the other. Each party will keep the other’s confidential information confidential, use it only to perform or exercise its rights under these Terms, and protect it with at least reasonable care. This does not apply to information that is or becomes public through no fault of the receiving party, was already known to it, or is independently developed, and does not prevent disclosure required by law (with notice where lawful). Customer Data is the Customer’s confidential information; the Service and our pricing are our confidential information.
We warrant that we will provide the Service with reasonable care and skill. Except for that warranty and to the maximum extent permitted by law, the Service is provided “as is” and “as available”, and we disclaim all other warranties, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that it will meet every requirement, or that data drawn from third-party platforms is accurate or complete. Standa supports marketing decisions; it does not replace the Customer’s own professional judgement.
Nothing in these Terms limits rights that cannot lawfully be excluded. In New Zealand, where the Customer acquires the Service for the purposes of a business, the parties agree that the Consumer Guarantees Act 1993 and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply, and that it is fair and reasonable to contract out of them. In Australia, our Service comes with guarantees that cannot be excluded under the Australian Consumer Law; where those guarantees apply and the Service is not of a kind ordinarily acquired for personal, domestic or household use, our liability for failing to meet a consumer guarantee is limited, at our option, to re-supplying the Service or paying the cost of having it re-supplied.
Subject to section 14, and to the maximum extent permitted by law:
These limits do not apply to a party’s liability for death or personal injury caused by its negligence, fraud, or a breach of the other party’s intellectual property rights or confidentiality obligations, or to the Customer’s obligation to pay fees.
The Customer will indemnify us against claims, losses and reasonable costs we suffer arising from the Customer’s breach of section 5 (Customer responsibilities), section 6 (Acceptable use), or from Customer Data or connected accounts — including any claim that Customer Data, or our authorised processing of it, infringes a third party’s rights or breaches privacy law — except to the extent the claim is caused by our breach of these Terms.
Either party may terminate these Terms or an Order as set out in the Order, or on written notice if the other party materially breaches these Terms and does not remedy the breach within 30 days of notice. We may suspend access immediately where necessary to protect the security or integrity of the Service, to comply with law, or for materially overdue fees.
On termination, the Customer’s right to use the Service ends. For a reasonable period after termination (as set out in the Order, or otherwise 30 days), the Customer may request an export of its Customer Data; after that period we may delete it, subject to our Privacy Policy and any legal retention obligations. Sections that by their nature should survive termination (including sections 8–10, 12, 13, 15, 16 and 19) survive.
We aim to keep the Service available at all times but may need to carry out maintenance, and the Service may be affected by factors outside our control. Any specific service-level commitments are set out in the applicable Order. We may update these Terms from time to time; when we make material changes we will take reasonable steps to notify Customers, and continued use of the Service after the changes take effect constitutes acceptance. The version published at standa.io is the current version.
These Terms are governed by the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the New Zealand courts. Where the Customer is established in Australia, nothing in this section limits the application of the Australian Consumer Law or any other Australian law that applies to the Customer and cannot be excluded, and the Customer may also bring proceedings in the courts of its home jurisdiction where the law requires.
| Provider | Workhouse Marketing Limited (trading as Mighty and Standa) |
|---|---|
| NZBN | 9429042204350 |
| Address | 77 Grafton Road, Auckland, New Zealand |
| General / legal | info@standa.io |
| Support | info@standa.io |