Terms and Conditions

Terms & Conditions of Axiever Inc.

These Terms & Conditions (“Terms”) govern your access to and use of the websites, software, ERP platforms, cloud services, mobile applications, system integrations, APIs, and all related services (“Services”) provided by Axiever Inc. (“Axiever”, “we”, “our”, or “us”).

By accessing or using the Services, you (“Customer,” “User,” “Client”) acknowledge and agree to be bound by these Terms.

Company Information

Axiever Inc.

Mississauga, Ontario, Canada

Email: legal@axiever.com

Acceptance of Terms

By creating an account, signing an order, accessing cloud or on-premise deployments, or continuing to use the Services after updates, you accept these Terms.

If you are acting on behalf of an organization, you represent that you are authorized to bind that organization.

Scope of Services

Axiever provides digital business solutions including:

1. Cloud-hosted ERP systems
2. On-premise deployments
3. System integrations & custom development
4. AI, RPA, automation, and analytics
5. Business intelligence dashboards
6. Support, training, onboarding
7. Third-party API integrations

The exact Services provided will be defined in a Quotation, Order Form, SOW, or Agreement.

Axiever may modify, enhance, remove, or update features at any time.

Account Registration & User Responsibilities

You must:

1. Provide accurate registration information
2. Maintain confidentiality of login credentials
3. Ensure only authorized users access the system
4. Notify Axiever immediately of unauthorized access
5. Be fully responsible for all activity under your account

Axiever may suspend or terminate accounts for misuse, fraud, or security risks.

License & Permitted Use

Upon payment, Axiever grants you a limited, revocable, non-exclusive, non-transferable license to use the Services strictly for internal business operations.

You may NOT:

1. Reverse-engineer, copy, decompile, or extract source code
2. Develop competing products using Axiever
3. Sell, lease, sublicense, or redistribute the Services
4. Interfere with system security, APIs, servers, or databases
5. Use the Services for unlawful, harmful, or malicious activities

Any violation may result in immediate termination.

Subscription, Billing & Payments

1. Fees are defined in your Order Form or SOW
2. Subscriptions automatically renew unless canceled before renewal
3. Payments must be timely and in full
4. Late payments may result in suspension or interest charges
5. All payments are non-refundable unless explicitly stated otherwise
6. Additional modules, integrations, or customizations may have added fees
7. Taxes will apply as required by law

Axiever may revise pricing upon renewal.

Data Ownership, Protection & Privacy

You retain ownership of all data uploaded or processed (“Customer Data”).

Axiever may access data only to:

1. Provide support
2. Maintain security
3. Resolve technical issues
4. Deliver contracted services
5. Comply with legal obligations

Axiever uses industry-standard measures including:

1. SSL/TLS encryption
2. Access controls
3. Cloud-based redundancy
4. Regular vulnerability checks

Axiever is not responsible for:

1. Data loss
2. Data corruption
3. Backups or restoration
4. Unauthorized access caused by Customer negligence

Customer is responsible for creating and maintaining backups.
Use of data is governed by the Axiever Privacy Policy.

Confidentiality

Both parties agree to keep all exchanged confidential information private.

Confidential information may only be disclosed:

1. With written consent
2. To employees/contractors under NDA
3. If legally required by authorities

This obligation survives termination.

Intellectual Property

Axiever retains all IP rights to:

1. Software
2. Algorithms
3. Source code
4. AI/automation logic
5. UI/UX designs
6. Documentation
7. APIs
8. System architecture

Customers receive no ownership rights—only a license to use the Services.
You retain ownership of Customer Data and custom configurations created exclusively for you.

Service Availability & Maintenance

Axiever aims for high availability but does not guarantee uptime, and is not liable for:

1. Downtime
2. System interruptions
3. Hosting provider outages
4. Third-party API failures
5. Force majeure events
6. Internet or telecom issues

No refunds, credits, or compensation apply for downtime.

Updates, Enhancements & Feature Changes

Axiever may release updates, patches, new modules, or improvements at any time.
Some advanced features may require additional fees.

Backward compatibility is not guaranteed for:

1. Customizations
2. Third-party integrations
3. Legacy modules

Support Services

Support channels may include:

1. Email
2. Ticketing systems
3. Remote support
4. Phone or chat (based on plan)

Response times vary by subscription tier.
Axiever is not responsible for delays caused by Customer actions or third parties.

Termination

Either party may terminate:

1. With 30 days’ written notice, OR
2. Immediately if the other party fails to cure a material breach within 15 days

Upon termination:

1. Access to the Services is disabled
2. Customer may export data within 30 days
3. Axiever will delete Customer Data after the retention period

No refunds for unused subscription periods.
Axiever may suspend service immediately for security threats, fraud, or misuse.

Limitation of Liability

To the maximum extent permitted by law:

1. Axiever’stotal liability is limited to CAD $1 (one dollar)
2. Axiever shall NOT be liable for ANY:
1. loss of profits
2. revenue loss
3. business interruption
4. data loss
5. corruption
6. third-party failures
7. incidental, indirect, punitive, or consequential damages

This applies even if Axiever knew the possibility of such damages.

Warranties & Disclaimers

The Services are provided:

“AS-IS”, “AS-AVAILABLE”, and “WITH ALL FAULTS”.

Axiever makes no warranties, including:

1. No guarantee of uninterrupted service
2. No guarantee all errors will be fixed
3. No guarantee that the system meets all business requirements
4. No warranty on third-party services
5. No warranty of fitness for any purpose

Use of Axiever is entirely at the Customer’s own risk.

Indemnification

Customer agrees to indemnify and defend Axiever against all claims, damages, fines, or losses arising from:

1. Misuse of the Services
2. Breach of these Terms
3. Violation of laws
4. Infringement caused by Customer’s content or integrations
5. Negligent or fraudulent behavior by Customer or users

Governing Law, Jurisdiction & Dispute Resolution

These Terms are governed by the laws of Ontario, Canada. Dispute process:

1. Negotiation
2. Mediation
3. Mandatory binding arbitration in Toronto
4. Court enforcement (if required)

Customer waives the right to:

1. Sue outside Ontario
2. Jury trial
3. Class action or representative action

Only individual arbitration is allowed.

Third-Party Services & Integrations

Axiever is not responsible for:

1. Availability of third-party systems
2. API failures
3. External software errors
4. Security breaches caused by third-party services
5. Data loss through third-party connections

Use of third-party integrations is entirely at Customer’s own risk.

Modifications

Axiever may modify these Terms at any time.
Continued use after updates means acceptance.

General Disclaimer

To the fullest extent permitted by applicable law:

1. Axiever provides all Services, software, features, documentation, dashboards, analytics, automation tools, and integrations “AS-IS”, “AS-AVAILABLE” and “WITH ALL FAULTS”.
2. Axiever does not provide financial, legal, tax, accounting, HR, business, or operational advice. Any business decisions made using the system are solely the Customer’s responsibility.
3. Axiever is not responsible for:
1. errors in Customer Data
2. inaccurate reports generated due to data quality
3. incorrect configuration by the Customer
4. financial loss, business loss, missed deadlines, or operational impacts
5. actions taken or not taken based on system analytics, dashboards, or recommendations
6. decisions made by Customer employees or users
7. loss of revenue, profit, business opportunity, or goodwill
4. Axiever makes no guarantee that:
1. the system will meet every specific business requirement
2. the system will be compatible with all third-party platforms
3. the system will achieve specific performance outcomes
4. data will be fully accurate at all times
5. automations will function without error
5. Customer acknowledges that software, internet services, and cloud platforms inherently involve risks such as:
1. downtime
2. latency
3. security threats
4. interruptions
5. bugs or defects
6. third-party outages
6. Axiever is not liable for any actions performed by third-party providers, including:
1. hosting partners
2. payment processors
3. API integrations
4. communication tools
5. plugins or extensions
7. Customer is solely responsible for compliance with all applicable laws, including:
1. tax laws
2. employment laws
3. data regulations
4. financial reporting requirements