Terms of Service

Effective Date: January 5, 2025

Last Updated: January 5, 2025

Table of Contents

1. Acceptance of Terms

By accessing or using the AMELIA-Mini ERP System ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service. By using the Service, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms.

If you are using the Service on behalf of an organization, you agree to these Terms on behalf of that organization and warrant that you have the authority to bind that organization to these Terms.

2. Services Description

AMELIA-Mini provides a comprehensive Enterprise Resource Planning (ERP) software solution that includes:

  • User and role management system
  • Human Resources management module
  • Inventory and warehouse management
  • Point of Sale (POS) functionality
  • Financial and accounting tools
  • Reporting and analytics features
  • Integration capabilities with third-party services
  • Data backup and recovery services

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice to users. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

3. Account Terms

Account Creation

To use certain features of the Service, you must register for an account. When creating an account, you must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials.

Account Responsibilities

  • You are responsible for all activities that occur under your account
  • You must notify us immediately of any unauthorized use of your account
  • You may not use another user's account without permission
  • You must not share your account credentials with others
  • You are responsible for maintaining accurate account information

Account Security

We implement security measures to protect accounts, but you acknowledge that no security system is impenetrable. You agree to immediately notify us of any unauthorized access to or use of your account.

4. Acceptable Use Policy

You agree not to use the Service to:

  • Violate any applicable laws or regulations
  • Infringe upon intellectual property rights of others
  • Transmit malicious code, viruses, or harmful software
  • Attempt to gain unauthorized access to systems or data
  • Interfere with or disrupt the Service or servers
  • Collect or harvest user data without authorization
  • Engage in fraudulent or deceptive practices
  • Harass, abuse, or harm other users
  • Use the Service for illegal or unauthorized purposes
  • Exceed usage limits or circumvent access restrictions
  • Reverse engineer or attempt to derive source code
  • Resell or redistribute the Service without authorization

Violation of this policy may result in immediate termination of your account and legal action if warranted.

5. Payment Terms

Subscription Fees

Access to the Service requires a paid subscription. Subscription fees are billed in advance on a monthly or annual basis and are non-refundable except as required by law.

Billing

  • You authorize us to charge your payment method for all fees
  • Fees are subject to change with 30 days notice
  • All fees are exclusive of taxes unless stated otherwise
  • You are responsible for providing accurate billing information
  • Failed payments may result in service suspension

Free Trial

We may offer a free trial period. At the end of the trial, your account will be automatically charged unless you cancel before the trial expires. Trial terms and duration may vary.

Refunds

Refunds are provided only as required by applicable law or at our sole discretion. Partial month refunds are not provided for cancelled subscriptions.

6. Intellectual Property Rights

Our Property

The Service and its original content, features, and functionality are and will remain the exclusive property of AMELIA-Mini and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used without our prior written consent.

Your Content

You retain ownership of any content you submit, post, or display through the Service ("Your Content"). By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and process Your Content solely for the purpose of providing the Service.

Feedback

Any feedback, suggestions, or ideas you provide about the Service becomes our property and may be used without compensation or attribution to you.

7. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to our data practices as described in the Privacy Policy.

You acknowledge that:

  • You are responsible for the accuracy of data you provide
  • You have obtained necessary consents for any third-party data you upload
  • We process data according to your instructions and applicable law
  • You must comply with applicable data protection regulations

For detailed information about our data practices, please refer to our Privacy Policy.

8. Warranties and Disclaimers

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO 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
  • The Service will meet your specific requirements
  • The results obtained from the Service will be accurate or reliable
  • Any errors in the Service will be corrected
  • The Service will be free from viruses or harmful components

Any material downloaded or obtained through the Service is accessed at your own risk, and you will be solely responsible for any damage to your computer system or loss of data.

9. Limitation of Liability

Important Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMELIA-MINI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

In no event shall our total liability exceed the greater of:

  • The amount you paid to us in the twelve (12) months preceding the claim
  • One hundred dollars ($100 USD)

These limitations apply regardless of the legal theory on which the claim is based and even if we have been advised of the possibility of such damages.

10. Termination

Termination by You

You may terminate your account at any time by contacting customer support. Termination does not entitle you to any refunds unless required by applicable law.

Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms. Reasons for termination may include:

  • Violation of these Terms or our policies
  • Non-payment of fees
  • Fraudulent or illegal activity
  • Extended period of inactivity
  • Request by law enforcement or court order

Effect of Termination

Upon termination, your right to use the Service will cease immediately. We may delete your account and data after a reasonable retention period. You remain liable for any fees incurred before termination.

11. Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in San Francisco, California.

Arbitration

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in San Francisco, California.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive your right to participate in class actions.

12. Contact Information

If you have any questions about these Terms of Service, please contact us:

Legal Department

AMELIA-Mini ERP System

Email: legal@amelia-mini.com

Phone: +1 (555) 123-4567

Address: 123 Business Park, Suite 100
San Francisco, CA 94105
United States

For technical support, please contact: support@amelia-mini.com

General Provisions

Entire Agreement

These Terms constitute the entire agreement between you and AMELIA-Mini regarding the Service and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes through the Service or by email. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.