Terms of Service | Tecfy ERP

1. Agreement to Terms

By accessing or using Tecfy ERP ("Service") operated by Tecfydata Inc. ("we", "us", or "our"), you agree to be bound by these Terms of Service. If you disagree with any part of these terms, you may not access the Service.

2. Description of Service

Tecfy ERP is an enterprise resource planning (ERP) platform designed for Canadian businesses. The Service includes access to modules such as sales, inventory, purchasing, manufacturing, accounting, and related features hosted on our infrastructure. The Service is provided "AS IS" and "AS AVAILABLE" without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not provide legal, tax, accounting, or other professional advice; you should consult qualified professionals for such matters.

3. Account Registration and Security

You must provide accurate and complete information when registering. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized use.

4. Acceptable Use

You agree not to use the Service to: (a) violate any applicable laws; (b) infringe on intellectual property or privacy rights; (c) transmit malware or harmful code; (d) attempt to gain unauthorized access to our systems or other accounts; (e) use the Service for any illegal or fraudulent purpose. We reserve the right to suspend or terminate accounts that violate these terms.

5. Subscription, Billing, and Trial

Subscription plans are billed in Canadian dollars (CAD). A 14-day free trial is offered; no payment is required during the trial. After the trial, you will be charged according to your selected plan. You may cancel at any time. We reserve the right to cancel or discontinue your subscription at any time, with or without cause, at our sole discretion. If your usage of the Service exceeds the scope or intensity appropriate for your plan (e.g., high transaction volume, excessive API calls, or resource consumption), we may require you to upgrade to a higher plan or, at our option, cancel your subscription and provide you with an export of your data. Refunds, if any, are at our sole discretion; we do not guarantee refunds in any circumstance.

6. Data and Intellectual Property

You retain ownership of your data. You represent and warrant that you have all necessary rights to upload, store, and process your data through the Service and that your data does not infringe any third-party rights. You are solely responsible for maintaining backups of your data; we are not liable for any loss or corruption of your data. By using the Service, you grant us a limited license to process, store, and transmit your data as necessary to provide the Service. Our software, branding, and documentation remain our intellectual property.

7. Service Availability

We strive for high availability but do not guarantee uninterrupted access. We may perform maintenance with reasonable notice when possible. We are not liable for downtime, delays, or failures due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemics, government actions, strikes, internet or telecommunications failures, power outages, or third-party service failures.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Tecfydata Inc. and its affiliates, directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunities, even if advised of the possibility of such damages. In no event shall our total aggregate liability exceed the amount you paid us in the twelve (12) months preceding the claim. For free trial users, our liability shall not exceed one hundred Canadian dollars (CAD $100). These limitations apply regardless of the theory of liability (contract, tort, negligence, or otherwise) and even if a remedy fails of its essential purpose.

9. Indemnification

You agree to indemnify, defend, and hold harmless Tecfydata Inc. and its affiliates, directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your violation of these terms; (c) your data or content; (d) your violation of any third-party rights; or (e) any dispute between you and a third party. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you.

10. Termination

We may terminate or suspend your account or subscription immediately, without prior notice, for breach of these terms, for intensive or excessive use beyond your plan, or for any other reason at our sole discretion. You may terminate by cancelling your subscription. Upon termination, your right to use the Service ceases. When we terminate, we may, at our option, either (a) provide you with a reasonable period and means to export your data, or (b) deliver an export of your data to you. We are not obligated to retain your data beyond a reasonable period after termination. If we terminate due to intensive use, we may instead offer you the option to upgrade to an appropriate plan before proceeding with termination.

11. Governing Law and Jurisdiction

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of Ontario for any disputes arising from or relating to these terms or the Service.

12. Changes

We may update these terms from time to time at our sole discretion. We will notify you of material changes via email or through the Service. Continued use after such notice constitutes acceptance of the updated terms. If you do not agree, you must stop using the Service.

13. General Provisions

These terms constitute the entire agreement between you and Tecfydata Inc. regarding the Service and supersede all prior agreements. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect. Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

14. Contact

For questions about these Terms of Service, contact us at [email protected].