Legal
Terms of Service
Last updated: May 2025
1. Acceptance of Terms
By accessing or using the ERP5SOL platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree to these Terms, do not use the Service.
2. Service Description
ERP5SOL is a multi-tenant SaaS platform providing auction engine, marketplace, and enterprise resource planning (ERP) infrastructure. We grant you a non-exclusive, non-transferable, revocable licence to use the Service in accordance with your subscription plan during the term of your agreement.
3. Subscriptions and Billing
Subscriptions are billed monthly or annually in advance. All fees are exclusive of taxes unless stated otherwise. Annual billing is charged upfront for the full year. Orders are processed by our Merchant of Record, Paddle.com, who acts as the reseller of the Service, handles payment, billing, and applicable taxes, and whose name ("Paddle") will appear on your billing statement. By subscribing, you also agree to Paddle's Buyer Terms. You authorise Paddle to charge your designated payment method on each billing date until you cancel. Failure to pay may result in service suspension after a grace period. Cancellations and refunds are governed by our Refund & Cancellation Policy.
4. Acceptable Use
You may not use ERP5SOL to: (a) violate any applicable law or regulation; (b) transmit harmful, fraudulent, or deceptive content; (c) circumvent or attempt to breach our security controls; (d) reverse-engineer, copy, or sub-license any part of the platform without our written consent; (e) use the Service to build a competing product. We reserve the right to suspend accounts that violate these restrictions without notice.
5. Data Ownership
You retain ownership of all data you upload or create within the Service ("Customer Data"). You grant ERP5SOL a limited licence to process Customer Data solely to provide the Service. We do not claim ownership of your data. On termination, you may request a data export within 30 days, after which we will delete your data in accordance with our data retention policy.
6. Uptime and SLA
We target 99.9% monthly uptime for the core platform. Enterprise customers may negotiate dedicated SLA terms with higher uptime guarantees and defined remedies. Scheduled maintenance windows, force majeure events, and issues caused by third-party providers are excluded from uptime calculations.
7. Intellectual Property
ERP5SOL and all associated software, documentation, trademarks, and brand assets are the exclusive property of ERP5SOL and its licensors. Nothing in these Terms transfers any intellectual property rights to you. Feedback you provide may be used by ERP5SOL without obligation or compensation.
8. Limitation of Liability
To the maximum extent permitted by law, ERP5SOL shall not be liable for indirect, incidental, consequential, special, or punitive damages arising from your use of the Service. Our total aggregate liability shall not exceed the fees paid by you in the three months preceding the claim. These limitations apply regardless of the theory of liability.
9. Termination
Either party may terminate the subscription at the end of the current billing period by giving written notice. ERP5SOL may terminate immediately for material breach, non-payment, or violation of the Acceptable Use policy. Upon termination, your right to access the Service ceases immediately.
10. Governing Law
These Terms are governed by the laws of the jurisdiction in which ERP5SOL is incorporated, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration or the courts of that jurisdiction, as applicable.
11. Changes to Terms
We may modify these Terms at any time. Material changes will be notified to active subscribers via email at least 14 days in advance. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.
12. Contact
Questions regarding these Terms should be sent to legal@erp5sol.com.