BMSFORCE ERP – Terms and Conditions

Effective Date: 15 February 2024

1. Introduction

Welcome to BMSFORCE ERP ("BMSFORCE", "we", "our", or "us"). These Terms and Conditions ("Terms") govern your access to and use of the BMSFORCE ERP software, website, mobile applications, services, and related products (collectively, the "Services").

By registering an account, accessing, or using the Services, you agree to be legally bound by these Terms. If you do not agree with these Terms, you must not use the Services.

2. Definitions

For the purposes of these Terms:

• Account means the registered user profile used to access the Services.

• Account Holder means the individual or business that registers and owns the account.

• Business Data means all information entered into the Services by the user, including sales, inventory, customer records, employee information, and financial data.

• Services means the BMSFORCE ERP software, applications, websites, and related services.

• User means any person authorized by the Account Holder to use the Services.

3. Eligibility

You must be at least 18 years of age and legally capable of entering into binding contracts. If registering on behalf of a business, you represent that you have authority to bind that business to these Terms.

4. Account Registration

To use certain features, you must create an account.

You agree that:

• All registration information is accurate and complete.

• You will keep your information updated.

• You are responsible for safeguarding your username and password.

• You are responsible for all activity conducted under your account.

• BMSFORCE may verify registration information at any time.

• False or misleading information may result in suspension or termination.

5. User Responsibilities

You agree to use the Services responsibly and lawfully.

You must not:

• Use the Services for illegal or fraudulent activities.

• Upload viruses or malicious software.

• Attempt unauthorized access to any system.

• Reverse engineer or modify the software.

• Share login credentials with unauthorized persons.

• Interfere with the operation or security of the Services.

• Use automated tools to access the Services without written permission.

6. Business Responsibility

BMSFORCE provides software only.

The Account Holder remains solely responsible for:

• Sales transactions

• Inventory management

• Pricing decisions

• Employee permissions

• Accounting records

• Tax compliance

• Customer information

• Business decisions

BMSFORCE is not responsible for financial losses, tax obligations, or business decisions made by users.

7. Subscription and Payments

Some Services require a paid subscription.

You agree that:

• Subscription fees must be paid on time.

• Fees are billed according to your selected plan.

• Payments are generally non-refundable unless required by law or expressly agreed in writing.

• Failure to pay may result in suspension or termination of Services.

• BMSFORCE may revise pricing with reasonable advance notice.

8. Data Ownership

You retain ownership of all Business Data entered into the Services.

By using the Services, you grant BMSFORCE permission to process, store, back up, and transmit your Business Data as necessary to provide and maintain the Services.

Users are responsible for maintaining independent backups of important business records.

9. Privacy

BMSFORCE processes personal information in accordance with its Privacy Policy and applicable data protection laws.

By using the Services, you consent to the collection, processing, and storage of information necessary to provide the Services.

10. Data Security

BMSFORCE implements commercially reasonable security measures to protect user information.

However, no online system is completely secure. Users acknowledge the risks associated with:

• Cyberattacks

• Internet failures

• Hardware failures

• Unauthorized access

• Force majeure events

11. Service Availability

While BMSFORCE strives to provide reliable service, uninterrupted availability cannot be guaranteed.

Temporary interruptions may occur due to:

• Maintenance

• System upgrades

• Network issues

• Technical failures

• Events beyond our reasonable control

12. Intellectual Property

All software, trademarks, logos, branding, documentation, designs, content, and technology remain the exclusive property of BMSFORCE.

You may not:

• Copy

• Modify

• Reverse engineer

• Sell

• Redistribute

• Reproduce

any part of the Services without prior written permission.

13. Confidentiality

Both parties agree to keep confidential any non-public information obtained through the use of the Services.

This obligation survives termination of the agreement.

14. Warranty Disclaimer

The Services are provided on an "as is" and "as available" basis.

To the fullest extent permitted by law, BMSFORCE disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

15. Limitation of Liability

To the fullest extent permitted by law, BMSFORCE shall not be liable for:

• Loss of profits

• Loss of revenue

• Loss of business

• Loss of goodwill

• Loss of data

• Business interruption

• Indirect, incidental, or consequential damages

BMSFORCE's total liability for any claim shall not exceed the total subscription fees paid by the user during the three (3) months immediately preceding the claim.

Nothing in these Terms limits liability where such limitation is prohibited by applicable law.

16. Indemnification

You agree to indemnify and hold harmless BMSFORCE, its directors, officers, employees, and affiliates from claims, damages, liabilities, costs, and expenses arising from:

• Your use of the Services

• Violation of these Terms

• Violation of applicable law

• Infringement of third-party rights

17. Suspension and Termination

BMSFORCE may suspend or terminate an account if:

• These Terms are violated.

• Fraud is suspected.

• Subscription fees remain unpaid.

• Security risks are identified.

• The Services are misused.

Users may cancel their subscription at any time. Cancellation does not automatically entitle the user to a refund unless expressly stated.

18. Force Majeure

BMSFORCE shall not be liable for delays or failures caused by circumstances beyond its reasonable control, including:

• Natural disasters

• Power outages

• Internet disruptions

• Government actions

• Civil unrest

• Labor disputes

• Acts of God

19. Changes to the Terms

BMSFORCE may update these Terms from time to time.

Updated Terms become effective upon publication or notification. Continued use of the Services constitutes acceptance of the revised Terms.

20. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the United Republic of Tanzania.

Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the competent courts of Tanzania.

21. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

22. Entire Agreement

These Terms, together with the Privacy Policy and any applicable subscription agreement, constitute the entire agreement between BMSFORCE and the user regarding the Services.

23. Electronic Acceptance

By clicking "Register," "Accept," or by accessing or using the Services, you acknowledge that your electronic acceptance constitutes a legally binding agreement equivalent to a handwritten signature.

24. Contact Information

BMSFORCE ERP

Support Team

📞 +255 744 246 681

📧 support@bmsforce.com

Declaration

By registering for and using BMSFORCE ERP, you confirm that you have read, understood, and agree to be legally bound by these Terms and Conditions.