Terms of Service

1. Agreement and acceptance

These Terms of Service ("Terms") are a binding agreement between ERPS X LLC, St. Petersburg, Florida, USA ("ERPS X", "we", "us") and the person or organisation that creates an account or uses the Service ("Customer", "you"). By creating an account, starting a trial, clicking to accept, or using the Service, you agree to these Terms and to the policies they reference: the Privacy Policy, Acceptable Use Policy, Refund Policy, Service Level Agreement and Cookie Policy.

If you accept on behalf of an organisation, you confirm that you have authority to bind it. If you do not agree, do not use the Service.

2. Definitions

• Service: the erpsx.com website, the ERPS X panel, the hosted ERPS, POS and RMS products, workspaces, documentation, support and related ERPS X sites.
• Workspace: the dedicated instance of ERPS, POS and/or RMS, with its own databases, that we provision for one Company at {company}.erpsx.com or on a mapped custom domain.
• Company: a business entity you create in the panel; a plan allows a set number of Companies.
• Users: people you authorise to access the panel or a Workspace.
• Customer Data: all data, files and records that you or your Users enter into or upload to the Service.
• Plan: a subscription tier (Basic, Standard, Professional, Enterprise, or a plan agreed in writing) defining users, companies, storage and included products.
• Reseller: an authorised partner participating in the ERPS X Reseller Program.

3. The service

ERPS X provides a hosted, multi-product business platform. ERPS contains department applications (HR, Manufacturing, Inventory, Sales, Finance) enabled per Company. POS records counter sales and posts journals to the Company's Accounting in ERPS. RMS provides a QR menu, staff roles and owner configuration for restaurants. Which products and applications are available to you depends on your Plan and the applications you enable in the panel.

We host, operate and update the Service. You do not receive a copy of the software and nothing needs to be installed.

4. Accounts and users

• You must provide accurate registration details and verify your email address. You must be at least 18 years old.
• You are responsible for your credentials, for every User you create, and for all activity under your account and Workspaces. Notify us immediately at [email protected] of any unauthorised access.
• You may not share a single User login between people, or exceed the Users and Companies included in your Plan.
• Roles and permissions inside ERPS, POS and RMS are configured by you. You are responsible for granting appropriate access to your Users.

5. Free trial

New Customers may start a 14-day free trial. No payment card is required. The trial includes the products and limits of the trial plan shown at sign-up. At the end of the trial, access to the Workspace continues only if you subscribe to a paid Plan. We may delete trial Workspaces that are not converted to a paid Plan after the retention period in Section 18. Trials are limited to one per organisation and may be withdrawn if abused.

6. Plans, billing and payment

• Prices. Plans are priced per month in US dollars as shown on the pricing page at the time of purchase (currently Basic $25, Standard $50, Professional $75 and Enterprise $100 per month). Custom plans are priced as agreed in writing.
• Payment. Payments are processed by Stripe. By subscribing you authorise us and Stripe to charge your payment method for the Plan fee and any applicable taxes at the start of each billing period.
• Renewal. Subscriptions renew automatically each month until cancelled from the panel. Cancellation stops future charges; access continues until the end of the paid period.
• Plan changes. You may upgrade or downgrade from the panel. New limits apply from the time of change; the panel shows how the change is billed.
• Taxes. Fees exclude sales tax, VAT and similar charges. You are responsible for taxes required in your jurisdiction unless we are legally required to collect them.
• Late or failed payment. If a renewal payment fails we will notify you and retry. If the fee remains unpaid we may suspend access to Workspaces until payment is made.
• Price changes. We may change Plan prices with at least 30 days' notice by email or in the panel. Changes apply from your next renewal after the notice period.
• Refunds are governed by the Refund Policy.

7. Workspaces and domains

• Each Company receives a subdomain in the form {company}.erpsx.com. Subdomains are derived from the company name, must not infringe third-party rights or impersonate others, and remain the property of ERPS X.
• You may map a custom domain you own to a Workspace. You are responsible for your domain registration and DNS; we configure the mapping and certificate as described in the panel and our documentation.
• Storage and other Plan limits apply per account. We may ask you to upgrade if usage consistently exceeds your Plan.

8. Customer data

• You are responsible for the accuracy and legality of Customer Data and for having the right to enter it into the Service, including personal data about your own customers, employees and guests.
• For personal data in Customer Data, you are the controller and we are the processor. The Privacy Policy and, on request, a Data Processing Agreement describe how we process it.
• You may request a full export of a Company's databases at any time during the subscription and during the retention period in Section 18 by contacting Support.
• We keep backups for operational recovery. Backups are not a substitute for your own export of records you are required to retain.

9. Acceptable use

You must comply with the Acceptable Use Policy. In summary, you may not use the Service unlawfully, interfere with it or other Customers, attempt unauthorised access, upload malicious code, send spam, resell it without authorisation, or reverse-engineer it.

10. Intellectual property

The Service, including its software, design, documentation, trademarks (including "ERPS X" and the ERPS X logo) and all improvements, is owned by ERPS X LLC or its licensors and protected by copyright, trademark and other laws. We grant you a limited, non-exclusive, non-transferable right to use the Service for your internal business during your subscription. All other rights are reserved. If you send us feedback or suggestions, we may use them without obligation to you.

11. Third-party services

The Service relies on third parties such as Stripe (payments), hosting and email providers, and our live-chat platform. Their terms apply to your use of their services. We are not responsible for third-party services we do not control, including your own domain registrar or DNS provider.

12. Resellers

If your account was created or is managed by a Reseller, the Reseller may see account, plan and status information needed to manage your account and receive commission from ERPS X. A Reseller can access your Workspaces only through delegated access that you approve, for the period you approve. Implementation, training or other services you buy from a Reseller are a contract between you and the Reseller; these Terms still govern your use of the Service.

13. Confidentiality

Each party will keep the other's non-public information confidential and use it only to perform under these Terms, except where disclosure is required by law. Customer Data is your confidential information. Our pricing agreed in writing, security details and non-public product information are ours.

14. Availability and support

Availability targets, maintenance windows, support channels and response targets are set out in the Service Level Agreement. Service credits described there are your sole remedy for availability shortfalls. Current status is published at System Status.

15. Warranties and disclaimers

We warrant that we will provide the Service with reasonable skill and care and materially as described on erpsx.com. Except as expressly stated, the Service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that it will meet regulatory requirements specific to your business; you remain responsible for your accounting, tax, payroll and legal compliance and for reviewing outputs before relying on them.

16. Limitation of liability

To the fullest extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, arising out of these Terms; and (b) each party's total aggregate liability arising out of these Terms is limited to the fees you paid to ERPS X in the 12 months before the event giving rise to the claim. These limits do not apply to your payment obligations, either party's indemnification obligations, or liability that cannot be limited by law.

17. Indemnification

You will defend and indemnify ERPS X against third-party claims arising from Customer Data, your Users' use of the Service in breach of these Terms, or your violation of law. We will defend and indemnify you against third-party claims that the Service, as provided by us, infringes that party's intellectual property rights, provided you notify us promptly and allow us to control the defence; we may modify or replace the Service, or terminate and refund prepaid unused fees, to resolve such a claim.

18. Suspension and termination

• By you. You may cancel your subscription at any time from the panel. Cancellation takes effect at the end of the current paid period.
• By us. We may suspend or terminate access if you materially breach these Terms or the Acceptable Use Policy, if fees remain unpaid after notice, or if required by law. Where practical we will notify you first and give you an opportunity to cure.
• Retention and deletion. After termination or trial expiry, we retain your Workspace data for 90 days so you can request an export. After that period we delete Customer Data from production systems and rotate it out of backups in the normal cycle, except where we must retain records by law.
• Survival. Sections on payment, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, governing law and general terms survive termination.

19. Changes to the service or terms

We improve the Service continuously and may add, change or retire features, provided the core functionality of your Plan is not materially reduced during a paid period. We may update these Terms; for material changes we will give at least 30 days' notice by email or in the panel. Continued use after the effective date constitutes acceptance. If you do not agree, you may cancel before the change takes effect.

20. Governing law and disputes

These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-law rules. Before starting formal proceedings, the parties agree to try in good faith to resolve any dispute by contacting each other in writing and allowing 30 days for resolution. Nothing in this section prevents either party from seeking injunctive relief to protect intellectual property or confidential information, and nothing limits any consumer rights you have under the mandatory law of your country of residence.

21. General

• Entire agreement. These Terms and the referenced policies are the complete agreement and replace prior agreements about the Service. Any written custom plan agreement prevails over these Terms to the extent of a conflict.
• Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or successor.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
• Severability and waiver. If a provision is unenforceable it will be modified to the minimum extent necessary; the rest remains in effect. Failure to enforce a provision is not a waiver.
• Notices. We send notices to the email address on your account. You may send notices to the contact details below.
• Export and sanctions. You may not use the Service in violation of US export control or sanctions laws.

22. Contact