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LEGAL

Terms of use

Terms for using the Fractyl website and, where applicable, accessing the Fractyl service.

Effective 15 October 2026

1. About these terms

Fractyl is operated by D3 Digital Limited, a New Zealand company. These terms apply when you use this website or access the Fractyl service.

Paid or client use of Fractyl is also governed by the signed agreement between D3 Digital Limited and the relevant client. If that agreement conflicts with these website terms, the signed agreement takes priority for the paid service.

2. Authorised use

You may use the public website for legitimate business evaluation and communication. Access to the Fractyl service is limited to authorised users acting for an organisation with a current agreement or approved access.

You are responsible for keeping access credentials secure, for activity under your account and for promptly telling us about suspected unauthorised access.

3. Client data and instructions

A client is responsible for ensuring that data made available to Fractyl has been collected and may be used for the agreed purpose, identity rules, audience logic, destinations and measurement. The client must provide accurate instructions and maintain required notices, permissions, preferences and suppression records.

Do not upload or connect information that is unnecessary for the agreed use case. Sensitive information, children’s information, payment-card data, passwords or authentication secrets must not be provided unless their use has been expressly assessed and agreed in writing.

4. Prohibited use

You must not:

  • use Fractyl unlawfully or in breach of another person’s rights;
  • attempt to gain unauthorised access, bypass security controls or interfere with the service;
  • introduce malicious code, scrape protected areas or test vulnerabilities without written permission;
  • use data for an undisclosed or unapproved purpose or destination;
  • reverse engineer or copy protected software except where the law does not allow that restriction; or
  • use outputs as the sole basis for decisions that could create significant legal or similarly serious effects for a person.

5. Audience activation, reporting and AI

Audience matching, destination delivery and reported results depend on source-data quality, identity rules, platform acceptance, permissions and other factors outside Fractyl’s control. We do not guarantee a particular match rate, delivery volume, media result or commercial outcome.

AI-assisted or automated features are used only where they are available, enabled and covered by the client agreement. Outputs require appropriate human review. A roadmap statement does not mean a feature is live or authorise a new use of client information.

6. Intellectual property

D3 Digital Limited and its licensors retain ownership of Fractyl, the website, software, documentation, design and related intellectual property. Clients and their licensors retain ownership of client data. Rights to reports, configurations and other work created for a client are governed by the signed client agreement.

7. Confidentiality

Non-public information accessed through Fractyl must be kept confidential and used only for the agreed purpose. More detailed confidentiality obligations may be set out in the signed client agreement.

8. Availability and suspension

We may maintain, change or temporarily interrupt the website or service. We may suspend access where reasonably necessary to protect security, comply with law, address non-payment or investigate material misuse. Service levels and support commitments, if any, are set out in the signed client agreement.

9. Liability

Nothing in these terms excludes rights or remedies that cannot lawfully be excluded. To the extent permitted by law, the public website is provided without a guarantee that it will always be available, error-free or suitable for every purpose. Liability relating to paid use of Fractyl is governed by the signed client agreement.

10. Privacy

Our Privacy policy explains how we handle personal information. Our Cookie notice explains the website technologies and privacy choices available.

11. Governing law

Unless a signed client agreement says otherwise, these terms are governed by New Zealand law and disputes are subject to the non-exclusive jurisdiction of New Zealand courts.

12. Contact

Contact alex.radford@d3.co.nz or write to D3 Digital Limited, Shed 4B, City Works Depot, 90 Wellesley Street West, Auckland, New Zealand.