Terms of Service

Last updated: December 10, 2024

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY BEFORE USING SMALLERP. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

1. Definitions

  • "Service" means the SmallERP platform, including all websites, applications, APIs, and related services.
  • "User," "You," "Your" means any individual or entity accessing or using the Service.
  • "User Content" means any data, text, files, invoices, documents, images, or other materials you upload, create, or transmit through the Service.
  • "We," "Us," "Our," "Company" means SmallERP and its affiliates.

2. Acceptance of Terms

By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. You represent that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

3. Description of Service

SmallERP is a business management platform providing tools for invoicing, inventory management, customer relationship management, expense tracking, financial reporting, and AI-powered business analytics. The Service is provided "as is" and "as available."

The Service is a tool only. SmallERP does not provide accounting, legal, tax, or financial advice. You are solely responsible for ensuring your use of the Service complies with applicable laws, regulations, and professional standards.

4. User Accounts

4.1 Account Creation

You must provide accurate, current, and complete information during registration. You agree to update this information to keep it accurate.

4.2 Account Security

You are solely responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities that occur under your account
  • Immediately notifying us of any unauthorized access or security breach

We are not liable for any loss or damage arising from your failure to protect your account credentials.

4.3 Account Sharing

Each account is for a single user or entity. You may not share, sell, transfer, or sublicense your account to any third party without our prior written consent.

5. User Content and Data

5.1 Your Ownership

You retain all ownership rights to your User Content. We do not claim ownership of any data you input into the Service.

5.2 License to Us

By uploading User Content, you grant us a limited, non-exclusive, royalty-free, worldwide license to use, store, process, and display your User Content solely for the purpose of providing and improving the Service. This license terminates when you delete your User Content or your account.

5.3 Your Responsibility for User Content

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR ALL USER CONTENT YOU CREATE, UPLOAD, STORE, OR TRANSMIT THROUGH THE SERVICE.

This includes, but is not limited to:

  • Invoices and financial documents
  • Customer and supplier information
  • Inventory records
  • Any communications sent through the Service
  • Compliance with applicable tax laws, VAT regulations, and financial reporting requirements

5.4 Prohibited Content

You agree not to upload, create, or transmit any User Content that:

  • Is illegal, fraudulent, defamatory, obscene, or harmful
  • Infringes any third party's intellectual property, privacy, or other rights
  • Contains viruses, malware, or other harmful code
  • Violates any applicable law or regulation
  • Constitutes false or misleading financial information
  • Contains personal data of individuals without proper consent

5.5 Data Accuracy

YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF ALL DATA ENTERED INTO THE SERVICE. We do not verify, validate, or guarantee the accuracy of any calculations, reports, invoices, or other outputs generated by the Service based on your inputs.

6. Financial and Tax Disclaimer

6.1 Not Financial or Legal Advice

THE SERVICE IS A SOFTWARE TOOL ONLY AND DOES NOT CONSTITUTE FINANCIAL, LEGAL, TAX, OR ACCOUNTING ADVICE. Any reports, calculations, or outputs generated by the Service are for informational purposes only.

6.2 Your Compliance Responsibility

You are solely responsible for:

  • Ensuring compliance with all applicable tax laws, including VAT regulations
  • Accuracy of your tax filings and financial reports
  • Consulting with qualified professionals for financial, legal, or tax advice
  • Maintaining proper records as required by law

6.3 AI-Generated Content Disclaimer

The Service includes AI-powered features that generate responses and insights. AI-generated content may contain errors or inaccuracies. You must independently verify any AI-generated information before relying on it for business decisions.

7. Payment Terms

7.1 Subscription Fees

Access to certain features requires a paid subscription. Fees are charged in advance on a monthly or annual basis as selected.

7.2 No Refunds

ALL FEES ARE NON-REFUNDABLE except as required by applicable law or as explicitly stated in a promotional offer.

7.3 Price Changes

We may change subscription prices at any time with 30 days' advance notice. Continued use after price changes constitutes acceptance of the new pricing.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR COMPLETENESS OF CONTENT
  • UNINTERRUPTED OR ERROR-FREE OPERATION
  • SECURITY OF DATA TRANSMISSION

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

9.1 No Consequential Damages

IN NO EVENT SHALL SMALLERP, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or business
  • Loss of data or data corruption
  • Loss of goodwill or reputation
  • Cost of substitute services
  • Business interruption
  • Any damages arising from User Content

9.2 Maximum Liability Cap

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

10. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SMALLERP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING FROM OR RELATED TO:

  • Your use of the Service
  • Your User Content
  • Your violation of these Terms
  • Your violation of any applicable law or regulation
  • Your violation of any third-party rights
  • Any dispute between you and any third party
  • Any inaccurate, misleading, or fraudulent information you provide
  • Any tax, legal, or regulatory non-compliance

11. Termination

11.1 Your Right to Terminate

You may terminate your account at any time by contacting us or using the account deletion feature. Termination does not entitle you to any refund.

11.2 Our Right to Terminate

We may terminate or suspend your account immediately, without notice, for any reason, including:

  • Violation of these Terms
  • Fraudulent, illegal, or harmful activity
  • Non-payment of fees
  • Extended inactivity
  • At our sole discretion

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates, without regard to conflict of law principles.

12.2 Arbitration

Any dispute arising from or relating to these Terms or the Service shall be finally resolved by binding arbitration administered in Dubai, UAE. The arbitration shall be conducted in English.

12.3 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.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or prominent notice on the Service at least 14 days before the changes take effect. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

14. Contact Information

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

SmallERP

Email: hello@smallerp.com

Website: https://smallerp.com

AI Services Policy

SmallERP incorporates artificial intelligence and machine learning technologies. This AI Services Policy governs your use of AI-powered features.

View AI Services Policy →

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE.

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