Terms of Service

Last updated: 6/25/2025

1. Introduction and Acceptance

Welcome to Farct ERP. These Terms of Service ("Terms") govern your access to and use of our enterprise resource planning software and related services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms and all applicable laws and regulations.

If you do not agree with any of these terms, you are prohibited from using or accessing this Service. The materials contained in this Service are protected by applicable copyright and trademark law.

2. Description of Service

Farct ERP is a comprehensive business management platform that provides integrated solutions for enterprise resource planning, including but not limited to:

  • Sales and customer relationship management
  • Inventory and supply chain management
  • Manufacturing and production planning
  • Warehouse and logistics management
  • Financial accounting and reporting
  • Human resources and payroll processing
  • Business intelligence and analytics
  • Project management and collaboration tools

The Service is provided on an "as is" and "as available" basis, and we reserve the right to modify, suspend, or discontinue any part of the Service at any time.

3. User Accounts and Registration

To access certain features of the Service, you must create an account. When creating an account, you agree to provide accurate, current, and complete information and to keep such information updated at all times.

3.1 Account Responsibilities

  • You are responsible for maintaining the confidentiality of your account credentials
  • You must notify us immediately of any unauthorized use of your account
  • You are responsible for all activities that occur under your account
  • You may not share your account credentials with third parties
  • You must ensure that your account information is accurate and up-to-date

3.2 Account Security

We implement reasonable security measures to protect your account, but you are responsible for taking appropriate steps to secure your account, including using strong passwords and enabling two-factor authentication when available.

3.3 Account Termination

We may terminate or suspend your account immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

4. Subscription and Payment Terms

The Service is offered on a subscription basis with various pricing tiers. By subscribing to our Service, you agree to pay all fees associated with your chosen plan.

4.1 Billing and Payment

  • Subscription fees are billed in advance on a monthly or annual basis
  • All fees are non-refundable except as expressly stated in these Terms
  • You authorize us to charge your payment method for all fees
  • Late payments may result in service suspension or termination
  • We reserve the right to change our pricing with 30 days' notice

4.2 Subscription Changes

You may upgrade or downgrade your subscription at any time. Changes will be prorated and reflected in your next billing cycle. Downgrades may result in the loss of certain features or data.

4.3 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation, you will continue to have access to the Service until the end of your current billing period. No refunds will be provided for partial billing periods.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

5.1 Prohibited Activities

  • To violate any applicable laws, regulations, or governmental orders
  • To infringe upon or violate our intellectual property rights or the rights of others
  • To transmit harmful, malicious, or destructive code or content
  • To attempt to gain unauthorized access to our systems or other users' accounts
  • To interfere with or disrupt the Service or servers connected to the Service
  • To use the Service for any commercial purpose not expressly permitted
  • To collect or store personal data about other users without their consent
  • To impersonate another person or entity or misrepresent your affiliation

5.2 Content Standards

You are responsible for all content you upload, store, or transmit through the Service. You must ensure that such content does not violate any applicable laws or regulations or infringe upon the rights of others.

6. Data and Privacy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

6.1 Data Ownership

You retain ownership of all data you upload to the Service. We do not claim ownership of your business data and will not use it for purposes other than providing the Service to you.

6.2 Data Security

We implement industry-standard security measures to protect your data. However, no method of transmission over the internet is 100% secure, and we cannot guarantee absolute security.

6.3 Data Backup

While we perform regular backups of our systems, you are responsible for maintaining your own backups of important data. We recommend implementing your own backup procedures.

7. Intellectual Property Rights

The Service and its original content, features, and functionality are owned by Farct ERP and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.1 Our Rights

We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service for your business purposes in accordance with these Terms.

7.2 Your Rights

You retain all rights to your business data and any customizations you create within the Service. You may export your data at any time, subject to reasonable technical limitations.

7.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us a non-exclusive, perpetual, irrevocable license to use such feedback without compensation.

8. Service Availability and Support

We strive to provide reliable and consistent service, but we cannot guarantee uninterrupted availability due to factors beyond our control.

8.1 Uptime Commitment

We target 99.9% uptime for our Service, excluding scheduled maintenance windows. We will provide advance notice of scheduled maintenance whenever possible.

8.2 Technical Support

We provide technical support during business hours through various channels including email, chat, and phone. Support response times vary based on your subscription tier.

8.3 Service Updates

We regularly update the Service to improve functionality, security, and performance. Updates are typically applied automatically with minimal disruption to your use of the Service.

9. Termination and Suspension

Either party may terminate these Terms at any time for any reason, subject to the provisions below.

9.1 Termination by You

You may terminate your account at any time by canceling your subscription. Upon termination, you will lose access to the Service and your data may be permanently deleted after a reasonable period.

9.2 Termination by Us

We may terminate or suspend your account immediately if you violate these Terms, fail to pay fees, or engage in conduct that we believe is harmful to the Service or other users.

9.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may retain certain information as required by law or for legitimate business purposes.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Farct ERP shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or information
  • Business interruption or downtime
  • Cost of substitute goods or services
  • Any damages resulting from third-party actions

Our total liability to you for any claims arising from these Terms or your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Farct ERP and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you upload or transmit through the Service

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

12. Disclaimers and Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties that the Service will be uninterrupted or error-free
  • Warranties regarding the accuracy or completeness of any information
  • Warranties that defects will be corrected

We do not warrant that the Service will meet your specific requirements or that the operation of the Service will be uninterrupted or error-free.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Farct ERP is incorporated, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except for claims that may be brought in small claims court.

You and Farct ERP agree to waive any right to a jury trial or to participate in a class action lawsuit.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of significant changes by posting the new Terms on our website and updating the "Last updated" date.

Your continued use of the Service after such changes constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you should discontinue your use of the Service.

We will provide at least 30 days' notice for material changes that affect your rights or obligations.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Farct ERP regarding the Service and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

15.3 Waiver

The failure of Farct ERP to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.

16. Contact Information

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

Email: legal@farct.com

Phone: +1 (555) 123-4567

Address: 123 Business Street, Suite 100, City, State 12345

Legal Department: legal@farct.com

We will respond to your inquiry within 5 business days and work to resolve any concerns you may have.