Important: By using the Services, you agree to these Terms.
1. Definitions
- "User," "you," "your" — Any person or entity using our Services
- "Services" — All software, SaaS offerings, tools, data, and content provided by ERPSoftware.com
- "Subscription" — Paid plans allowing access to SaaS features
- "Account" — User registration profile
- "Content" — All digital materials, text, software code, and files made available
2. Eligibility
You must be at least 18 years old and legally able to enter into binding agreements.
If using the Services on behalf of a business, you represent that you are authorized to bind that business.
3. Account Registration
To use certain features, you must create an account. You agree to:
- Provide accurate information
- Maintain confidentiality of login credentials
- Notify us immediately of unauthorized access
- Be responsible for all activity conducted under your account
4. SaaS Subscription Agreement
This section applies to users accessing our cloud-based SaaS platforms or modules.
4.1 Subscription License
We grant you a limited, non-exclusive, non-transferable license to access and use the SaaS Services solely for your internal business operations.
4.2 Subscription Term
Subscriptions typically renew monthly or annually, depending on your selected plan.
4.3 Auto-Renewal
Subscriptions renew automatically unless cancelled prior to renewal.
You authorize us to automatically charge your saved payment method.
4.4 Usage Limits
Plans may include limits (users, storage, features).
Exceeding limits may require plan upgrades or additional fees.
4.5 Service Availability
We aim for high availability, but do not guarantee:
- Uninterrupted access
- Error-free performance
- Compatibility with all devices
We may perform maintenance when necessary.
4.6 Data Ownership
You maintain ownership of all data you input.
We act solely as a processor for ERP and business data entered into the system.
4.7 Data Backup & Retention
We maintain backups for operational continuity.
We are not responsible for loss caused by user error or third-party integrations.
4.8 Termination of Subscription
We may suspend or terminate subscriptions for:
- Non-payment
- Breach of Terms
- Security risks
- Misuse of Services
Upon termination, you may export your data for 30 days, unless legal or payment issues restrict access.
5. Payments & Billing
5.1 Payment Processing
All payments are handled through secure third-party processors.
5.2 Pricing
Pricing is listed on the website and may be updated with notice.
5.3 Taxes
Prices may exclude VAT, GST, or similar taxes depending on your jurisdiction.
6. Refund and Cancellation Policy
6.1 Refund Policy
- Refunds are generally not issued for services already delivered, in line with SaaS industry norms.
- However, refunds may be considered for:
- Duplicate charges
- Technical failures preventing service use
- Billing errors
- Mandatory legal obligations (EU/UK rights apply—see Section 15)
6.2 Cancellation
You may cancel your subscription at any time.
Cancellation will prevent future charges but does not automatically trigger a refund for previously billed periods.
6.3 Trial Periods
If we offer a trial period, you must cancel before the trial ends to avoid being charged.
7. Acceptable Use Policy (AUP)
Users must not engage in prohibited behaviors, including:
7.1 Security Violations
- Attempting to bypass authentication
- Probing or scanning systems
- Uploading malware or harmful code
7.2 Illegal or Harmful Activities
- Fraud
- Money laundering
- Harassment
- Distribution of illegal content
- Violations of privacy or IP rights
7.3 System Abuse
- Using bots or automated systems without consent
- Overloading system capacity
- Attempting to access others' data
7.4 Data Misuse
- Storing personal data without consent
- Processing unlawful or sensitive data outside intended purposes
We reserve the right to suspend or terminate accounts violating this AUP.
8. Intellectual Property
All content, trademarks, code, and features on ERPSoftware.com are owned by us or licensed to us.
You may not copy, modify, distribute, reverse engineer, or create derivative works without permission.
9. Privacy & Data Protection
Your use of our Services is governed by:
- Privacy Policy
- Cookie Policy
- GDPR Addendum (if applicable)
These documents explain how we collect, use, and protect data.
10. Third-Party Tools & Integrations
We may integrate with external services (payment gateways, analytics, storage platforms).
We are not responsible for:
- Their availability
- Their data practices
- Their security
11. Service Modifications
We may modify or discontinue features to improve security, performance, or compliance.
12. Warranties Disclaimer
Services are provided "as is", with no warranties including:
- Fitness for a purpose
- Availability
- Accuracy
- Non-infringement
- Reliability
13. Limitation of Liability
To the fullest extent permitted by law:
- We are not liable for indirect, incidental, or consequential damages
- We are not responsible for data loss caused by user actions or third parties
- Total liability is limited to amounts paid in the last 12 months
14. Indemnification
You agree to hold ERPSoftware.com harmless against any claims arising from:
- Misuse of the Services
- Violation of laws or rights
- Breach of these Terms
15. EU/UK Consumer Law Compliance
Users in the EU or UK are entitled to consumer rights under laws such as:
- EU Consumer Rights Directive (CRD)
- UK Consumer Rights Act 2015
- GDPR (as controller/processor where applicable)
Your rights may include:
- A 14-day "cooling-off" period for certain digital services
- Clear information before purchasing
- Right to access and deletion of personal data
- Right to receive services with reasonable skill and care
Exceptions to Cooling-Off Rights
The right to withdraw may not apply if:
- You expressly request immediate access to SaaS services
- Digital content is fully delivered
- You acknowledge loss of cancellation rights upon activation
We will comply with all mandatory local consumer protection laws.
16. Governing Law
Unless overridden by mandatory consumer law:
State of Texas, USA governs these Terms.
Disputes shall be resolved in courts of that jurisdiction.
17. Changes to These Terms
We may update these Terms as needed. Changes take effect upon posting.
