1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Bi3 ("Company," "we," "us," or "our") concerning your access to and use of HR-ERP software and related services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
Bi3
1209 Mountain Road Place Northeast, STEN
Albuquerque, NM 87110
United States
2. Use of Services
2.1 License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use HR-ERP for your internal business purposes.
2.2 Account Registration
To use certain features of the Services, you must register for an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information
- Maintain the security of your account credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access
2.3 Prohibited Uses
You agree not to:
- Violate any applicable laws or regulations
- Infringe upon intellectual property rights
- Transmit malicious code or viruses
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Services
- Use the Services for competitive purposes
- Reverse engineer or decompile the software
- Resell or redistribute the Services without authorization
3. Subscription and Payment
3.1 Subscription Plans
HR-ERP is offered on a subscription basis. Pricing and plan details are available on our website and subject to change with notice.
3.2 Payment Terms
You agree to pay all fees associated with your subscription. Payments are due in advance and are non-refundable except as required by law or as expressly stated in these Terms.
3.3 Automatic Renewal
Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method for renewal fees.
3.4 Cancellation
You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of the current billing period.
4. Intellectual Property
4.1 Our Rights
HR-ERP and all related content, features, and functionality are owned by Bi3 and protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted are reserved.
4.2 Your Data
You retain all rights to the data you input into HR-ERP. By using the Services, you grant us a license to use, store, and process your data solely to provide and improve the Services.
4.3 Feedback
If you provide feedback or suggestions about the Services, we may use them without obligation or compensation to you.
5. Data Privacy and Security
Your use of the Services is also governed by our Privacy Policy. We implement reasonable security measures to protect your data, but we cannot guarantee absolute security.
You are responsible for maintaining backups of your data. We recommend regular exports of critical information.
6. Service Availability
We strive to maintain high availability of the Services but do not guarantee uninterrupted access. We may:
- Perform scheduled maintenance with advance notice
- Make emergency updates or repairs
- Modify or discontinue features with notice
- Suspend access for security or compliance reasons
7. Warranties and Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that the Services will be error-free, secure, or meet your specific requirements.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BI3 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
Our total liability shall not exceed the amount you paid us in the twelve (12) months preceding the claim.
9. Indemnification
You agree to indemnify and hold harmless Bi3 and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of the Services
- Your violation of these Terms
- Your violation of any rights of another party
- Your data or content
10. Termination
We may suspend or terminate your access to the Services at any time, with or without cause or notice, including for:
- Violation of these Terms
- Non-payment of fees
- Fraudulent or illegal activity
- Extended inactivity
Upon termination, your right to use the Services will immediately cease. We may delete your data after a reasonable period.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of New Mexico, United States, without regard to conflict of law principles.
Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in Albuquerque, New Mexico, in accordance with the rules of the American Arbitration Association.
12. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms and updating the "Last Updated" date. Your continued use after changes constitutes acceptance.
13. General Provisions
13.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Bi3 regarding the Services.
13.2 Severability
If any provision is found to be unenforceable, the remaining provisions will remain in full effect.
13.3 Waiver
Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
13.4 Assignment
You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.
14. Contact Information
For questions about these Terms, please contact us:
Bi3
1209 Mountain Road Place Northeast, STEN
Albuquerque, NM 87110
United States
Email: legal@bi3.com
Phone: +1 (505) 555-0100