This document is provided as a general guide and is not legal advice. It has not yet been reviewed by qualified counsel and contains placeholder values written as [[PLACEHOLDER: β¦]] that must be confirmed by a lawyer before being relied upon as a binding agreement.
Acceptance of Terms
Agreement
By accessing or using PositiveERP services, you agree to be bound by these Terms of Service. If you do not agree, you must not use our services.
Authority to Bind
If you accept these terms on behalf of a company or organization, you represent that you are authorized to bind that entity to this agreement. References to "you" mean both you personally and the entity you represent.
Eligibility
You must be of the age of majority in your jurisdiction and capable of entering into a legally binding contract under the laws applicable to you.
Updates
We may modify these terms from time to time. Material changes will be communicated through the service or by email, and your continued use of PositiveERP after the effective date constitutes acceptance of the updated terms.
Services & License
The Service
PositiveERP provides cloud-hosted and on-premise enterprise resource planning (ERP) software designed to help businesses manage their operations. The exact features and modules available to you depend on the subscription plan you select.
License Grant
Subject to your compliance with these terms and timely payment of all fees, we grant you a limited, non-exclusive, non-transferable, and revocable right to access and use PositiveERP solely for your internal business purposes during the term of your subscription.
Account Responsibility
You are responsible for activity that takes place under your account, for maintaining the confidentiality of login credentials, and for ensuring that the users you authorize comply with these terms.
Changes to the Service
We may update, improve, add, or discontinue features over time. We will use reasonable efforts to provide advance notice of changes that materially reduce the functionality available to existing customers.
Payment & Billing
Subscription Fees
Access to paid features requires an active subscription. Fees, billing cycles, and any included usage limits are described on the pricing page or in your order form. Unless stated otherwise, fees are charged in advance for each billing period.
Free Trial
Where a free trial is offered, the terms and length of the trial β including any requirement for approval before activation β will be communicated at signup. We may end, shorten, or modify trial offerings at our discretion.
Payment Processing
Payments are processed by a third-party payment service provider. By providing payment details, you authorize that processor to charge the applicable fees to your selected payment method.
Refunds & Cancellation
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Late Payment
If an amount due is not received by its due date, we may apply the following measures: [[PLACEHOLDER: late payment / suspension terms β e.g. grace period, late fees, suspension, termination of access]].
Taxes
Stated fees do not include taxes, duties, or similar government charges unless explicitly noted. You are responsible for paying any such taxes associated with your use of the service.
Your Data & Content
Ownership of Your Data
You retain all rights to the data, content, and information you, your users, or your customers submit to PositiveERP. We do not claim ownership of your business data.
Our Use of Your Data
You authorize us to host, store, process, transmit, display, and back up your data solely to the extent necessary to operate the service, provide support, secure the platform, and comply with legal obligations.
Security
We apply administrative, technical, and physical safeguards designed to protect your data. No internet service is completely secure, however, and we do not guarantee that unauthorized access or loss will not occur. Any specific compliance certifications applicable to the service are: [[PLACEHOLDER: list of compliance certifications, if any β do NOT list anything that is not actually verified]].
Data Retention After Termination
After your account is terminated or expires, you will have a defined window to export your data, after which we will delete it from production systems. [[PLACEHOLDER: exact data retention / deletion window after termination]].
Privacy
Our handling of personal data is described in our Privacy Policy, which forms part of these terms by reference. Where applicable privacy law requires a separate data processing agreement, [[PLACEHOLDER: confirm DPA process and availability]].
Prohibited Uses
Lawful Use Only
You may not use PositiveERP for any unlawful purpose, or in any way that violates applicable laws, regulations, or third-party rights β including intellectual-property, privacy, and export-control laws.
Reverse Engineering & Reselling
You may not decompile, disassemble, reverse-engineer, or attempt to derive the source code of any part of the service, nor may you resell, sublicense, white-label, or otherwise commercialize the service without our prior written permission.
System Integrity
You may not interfere with, disrupt, or attempt to gain unauthorized access to the service, the infrastructure that hosts it, or other customersβ accounts. You may not upload malware, conduct denial-of-service attacks, or scrape or harvest data without permission.
Content Standards
You may not upload or transmit content that is illegal, defamatory, infringing, or that violates the rights of others. You remain solely responsible for the content your users place in the service.
Liability & Warranties
"As Is" Service
To the maximum extent permitted by applicable law, PositiveERP is provided "as is" and "as available". We disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.
No Guarantee of Uninterrupted Service
We do not warrant that the service will be uninterrupted, timely, secure, or free from errors. Any specific availability commitments are set out in a separate service-level agreement and only apply where one has been agreed in writing.
Limitation of Liability
To the maximum extent permitted by applicable law, our aggregate liability arising out of or related to these terms or the service is limited to [[PLACEHOLDER: liability cap β confirm exact amount or formula with lawyer]]. We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, nor for loss of profits, revenue, data, or goodwill.
Customer Responsibility
You are responsible for choosing how to use the service, for the accuracy of the data you put into it, and for maintaining your own backups of any business-critical information.
Termination
Termination by You
You may stop using PositiveERP and cancel your subscription at any time through your account settings or by contacting support. Cancellation generally takes effect at the end of your current billing period unless otherwise stated.
Termination by Us
We may suspend or terminate your account if you materially breach these terms, fail to pay amounts due, or use the service in a way that we reasonably believe creates legal, security, or operational risk.
Effect of Termination
When your subscription ends, your right to access the paid features of the service ends as well. You will be given a defined window to export your data after termination: [[PLACEHOLDER: data export window length after termination]].
Survival
Sections of these terms that by their nature should survive termination β including those relating to payment, data and content, prohibited uses, liability and warranties, governing law, and any indemnities β will continue to apply after the termination of your subscription.
Governing Law & Disputes
Governing Law
These terms, and any dispute arising out of or in connection with them or the service, are governed by [[PLACEHOLDER: governing law β page hero currently references Palestinian law; confirm with counsel]].
Good-Faith Resolution
If a dispute arises, both parties agree to first attempt to resolve it in good faith through direct communication for a reasonable period before initiating any formal proceedings.
Forum / Jurisdiction
If a dispute cannot be resolved informally, it will be brought before [[PLACEHOLDER: court / arbitration venue and jurisdiction β confirm with counsel]].
Legal Notices
For legal notices or questions about these terms, contact us at [[PLACEHOLDER: legal contact email]]. We may publish updated contact details from time to time on this page or through the service.
Questions about these terms?
Our legal team is ready to help