PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE CREATING AN ACCOUNT OR USING THE SERVICE. BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR ACCESSING OR USING THE SERVICE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT CREATE AN ACCOUNT OR USE THE SERVICE.
These Terms and Conditions (the "Terms" or this "Agreement") constitute a legally binding agreement between Sypram Software LLC, a New Jersey limited liability company ("Sypram," the "Company," "we," "us," or "our"), and the individual or entity that registers for or uses the Service ("you," "your," "User," or "Customer"). These Terms govern your access to and use of the AdvEntERP software-as-a-service platform, the website located at AdvEntERP.com (the "Website"), and all related applications, features, content, tools, and services (collectively, the "Service").
IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 19), A DISCLAIMER OF WARRANTIES (SECTION 12), AN ASSUMPTION OF RISK PROVISION (SECTION 13), AND A LIMITATION OF LIABILITY (SECTION 14) THAT AFFECT YOUR LEGAL RIGHTS. THEY ALSO PROHIBIT STORING SENSITIVE FINANCIAL IDENTIFIERS SUCH AS FULL BANK ACCOUNT NUMBERS AND CREDIT CARD NUMBERS IN THE SERVICE (SECTION 8). PLEASE REVIEW THEM CAREFULLY.
1. Definitions
"Service" means the AdvEntERP cloud-based financial accounting and bookkeeping software platform, including without limitation features for recording income and expense transactions, bank deposit and withdrawal entries, general ledger entries, account reconciliation, financial analytics and reporting, and any other functionality, updates, or enhancements made available by the Company through the Website.
"User Data" means all data, information, records, transactions, financial entries, documents, and other content that you or your Authorized Users input, upload, transmit, or store through the Service.
"Authorized User" means any employee, contractor, accountant, or agent whom you permit to access the Service under your account.
"Subscription" means the paid or trial plan under which you are granted access to the Service.
2. Eligibility and Authority
The Service is intended for use by businesses and business users located in the United States. By creating an account, you represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you have the legal capacity and authority to enter into this Agreement; (c) if you are registering on behalf of a company or other legal entity, you have the authority to bind that entity to these Terms, and "you" refers to that entity; and (d) your use of the Service does not violate any applicable law, regulation, or contractual obligation.
3. Description of the Service
AdvEntERP is a software-as-a-service application designed to assist small and medium-sized businesses with financial accounting and bookkeeping tasks, including recording income and expense transactions, entering bank deposits and withdrawals, maintaining general ledger entries, performing account reconciliation, and generating financial analytics and reports. The Service is a tool to assist with recordkeeping; it does not replace professional judgment, and the accuracy of its output depends on the accuracy and completeness of the data you enter.
The Company reserves the right to modify, enhance, suspend, or discontinue any feature or component of the Service at any time, with or without notice, and shall not be liable to you or any third party for any such modification, suspension, or discontinuance.
4. No Accounting, Tax, Legal, or Financial Advice
THE SERVICE IS A SOFTWARE TOOL ONLY. THE COMPANY IS NOT AN ACCOUNTING FIRM, CERTIFIED PUBLIC ACCOUNTANT, TAX ADVISOR, FINANCIAL ADVISOR, AUDITOR, OR LAW FIRM, AND NOTHING IN THE SERVICE – INCLUDING ANY REPORTS, ANALYTICS, CALCULATIONS, CATEGORIZATIONS, RECONCILIATIONS, OR OTHER OUTPUT – CONSTITUTES ACCOUNTING, TAX, LEGAL, INVESTMENT, OR OTHER PROFESSIONAL ADVICE.
You are solely responsible for: (a) verifying the accuracy, completeness, and correctness of all entries, reports, and outputs generated by the Service; (b) ensuring that your books, records, filings, and financial statements comply with applicable accounting standards (including GAAP where applicable), tax laws, and regulatory requirements; and (c) consulting a qualified professional (such as a CPA, attorney, or tax advisor) before relying on any output of the Service for tax filings, audits, financing decisions, regulatory submissions, or other consequential matters.
5. Account Registration and Security
To use the Service, you must create an account and provide accurate, current, and complete registration information, and keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account, whether or not authorized by you. You agree to: (a) use strong passwords and safeguard your credentials; (b) not share your credentials with any person other than Authorized Users under your control; and (c) notify the Company immediately at office@SypramSoftware.com of any unauthorized access to or use of your account. The Company is not liable for any loss or damage arising from unauthorized use of your account or your failure to safeguard your credentials.
6. Subscriptions, Fees, and Payment
Access to the Service may require payment of subscription fees as described on the Website at the time of purchase. Unless otherwise stated: (a) fees are billed in advance on a recurring basis (monthly or annually, per your selected plan) and are non-refundable except as required by law; (b) your Subscription will automatically renew at the end of each billing period unless you cancel before the renewal date; (c) you authorize the Company or its payment processor to charge your designated payment method for all applicable fees and taxes; and (d) the Company may change its fees upon notice, with changes taking effect at your next renewal. If any payment fails or is past due, the Company may suspend or terminate your access to the Service after notice. Any free trial converts to a paid Subscription at the end of the trial period unless cancelled.
7. License Grant and Restrictions
Subject to your compliance with these Terms and payment of applicable fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes during the term of your Subscription.
You shall not, and shall not permit any third party to:
- copy, modify, translate, adapt, or create derivative works of the Service or any part thereof;
- reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or algorithms of the Service;
- rent, lease, lend, sell, sublicense, resell, distribute, or otherwise commercially exploit the Service, or use it to provide service-bureau, outsourcing, or timesharing services to third parties;
- interfere with or disrupt the integrity, security, or performance of the Service, or attempt to gain unauthorized access to the Service, other accounts, or related systems or networks;
- use any robot, spider, scraper, or other automated means to access the Service, or probe, scan, or test the vulnerability of the Service;
- upload or transmit any viruses, malware, or other harmful code, or any data that is unlawful, infringing, or that you do not have the right to use;
- use the Service for any unlawful, fraudulent, or deceptive purpose, including money laundering, concealment of assets, or falsification of financial records; or
- remove, alter, or obscure any proprietary notices on the Service.
8. User Data; Prohibited Sensitive Data; Your Responsibilities; Backups
8.1 Ownership and License. As between you and the Company, you retain all right, title, and interest in and to your User Data. You grant the Company a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, display, and reproduce User Data solely as necessary to provide, maintain, secure, and improve the Service and to comply with applicable law.
8.2 Your Responsibility for User Data. You are solely responsible for the accuracy, quality, legality, and completeness of your User Data and for the means by which you acquired it. You represent that you have all rights and consents necessary to submit your User Data to the Service.
8.3 Prohibited Sensitive Data. The Service is designed for bookkeeping and accounting records and is NOT designed, intended, or certified for the storage of sensitive financial or personal identifiers. You agree NOT to input, upload, or store in the Service any of the following (collectively, "Prohibited Sensitive Data"): full bank account numbers; full bank routing numbers in combination with account numbers; credit card or debit card numbers; card verification codes (CVV/CVC); card PINs or expiration dates in combination with card numbers; online banking usernames, passwords, or security answers; Social Security numbers or other government-issued identification numbers; or any similar sensitive authentication or payment credentials. Where the Service requires reference to a bank or card account (for example, for reconciliation or transaction entries), you agree to use only masked or truncated identifiers (such as the last four digits) or account nicknames.
8.4 NO LIABILITY FOR PROHIBITED SENSITIVE DATA. IF YOU NEVERTHELESS INPUT, UPLOAD, OR STORE ANY PROHIBITED SENSITIVE DATA IN THE SERVICE, WHETHER INTENTIONALLY, INADVERTENTLY, OR BY MISTAKE, YOU DO SO ENTIRELY AT YOUR OWN RISK AND IN BREACH OF THESE TERMS. THE COMPANY HAS NO OBLIGATION TO MONITOR FOR, DETECT, ENCRYPT, PROTECT, OR SAFEGUARD PROHIBITED SENSITIVE DATA BEYOND ITS STANDARD SECURITY MEASURES, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS, THEFT, UNAUTHORIZED ACCESS, DISCLOSURE, MISUSE, OR COMPROMISE OF PROHIBITED SENSITIVE DATA, OR FOR ANY FRAUD, IDENTITY THEFT, UNAUTHORIZED TRANSACTIONS, FINANCIAL LOSS, OR OTHER CONSEQUENCES ARISING THEREFROM. YOU ARE SOLELY RESPONSIBLE FOR PROMPTLY IDENTIFYING AND REMOVING ANY PROHIBITED SENSITIVE DATA STORED IN THE SERVICE, AND THE COMPANY MAY (BUT IS NOT OBLIGATED TO) DELETE, REDACT, OR MASK SUCH DATA UPON DISCOVERY, WITHOUT NOTICE AND WITHOUT LIABILITY. YOUR STORAGE OF PROHIBITED SENSITIVE DATA IS SUBJECT TO YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 15.
8.5 BACKUPS. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING INDEPENDENT BACKUP COPIES OF YOUR USER DATA AND FINANCIAL RECORDS OUTSIDE THE SERVICE. While the Company employs commercially reasonable measures to protect and back up data, the Company does not guarantee that User Data will never be lost, corrupted, or unavailable, and the Company shall have no liability for any loss, corruption, or unavailability of User Data. You are encouraged to regularly export and retain copies of your records.
9. Privacy
The Company's collection and use of personal information in connection with the Service is described in the Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to such collection and use.
10. Third-Party Services and Integrations
The Service may interoperate with or contain links to third-party services, such as banking institutions, payment processors, data feeds, or other software integrations ("Third-Party Services"). Third-Party Services are governed by their own terms and privacy policies. The Company does not control and is not responsible for Third-Party Services, including their availability, accuracy, security, or content, and disclaims all liability arising from your use of them. Any bank or financial account data retrieved through integrations is provided "as is," and you are responsible for verifying it against your official bank records.
11. Intellectual Property; Feedback
The Service, including all software, source code, databases, designs, text, graphics, logos, trademarks, and all intellectual property rights therein, is and shall remain the exclusive property of the Company and its licensors. Except for the limited license expressly granted in Section 7, no rights are granted to you under these Terms. "AdvEntERP," "Sypram Software," and associated logos are trademarks of Sypram Software LLC and may not be used without prior written permission.
If you provide suggestions, ideas, or feedback regarding the Service, you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such feedback without restriction or compensation.
12. Disclaimer of Warranties
THE SERVICE, THE WEBSITE, AND ALL RELATED CONTENT, REPORTS, ANALYTICS, AND OUTPUT ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT OR REPRESENT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE SERVICE WILL BE FREE OF BUGS, GLITCHES, DEFECTS, ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR THAT ANY SUCH DEFECTS WILL BE CORRECTED; (C) ANY CALCULATIONS, RECONCILIATIONS, REPORTS, ANALYTICS, OR OTHER OUTPUT OF THE SERVICE WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (D) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE ANY PARTICULAR RESULT; OR (E) USER DATA WILL BE PRESERVED WITHOUT LOSS OR CORRUPTION.
YOU ACKNOWLEDGE THAT SOFTWARE IS INHERENTLY COMPLEX AND MAY CONTAIN BUGS, GLITCHES, ERRORS, AND OTHER DEFECTS, AND THAT THE SERVICE MAY EXPERIENCE OUTAGES, DOWNTIME, DATA-PROCESSING ERRORS, OR INTERRUPTIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU; IN THAT EVENT, SUCH WARRANTIES ARE LIMITED TO THE MINIMUM SCOPE AND DURATION PERMITTED BY LAW.
13. Assumption of Risk
YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND ALL RISK FOR YOUR USE OF THE SERVICE AND FOR ANY DECISIONS MADE OR ACTIONS TAKEN – INCLUDING FINANCIAL, ACCOUNTING, TAX, AND BUSINESS DECISIONS – BASED ON THE SERVICE OR ANY OUTPUT GENERATED BY IT. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS, LOSS OF DATA, LOSS OF BUSINESS, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE SERVICE.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR DISRUPTION, LOSS OF GOODWILL, LOSS, CORRUPTION, OR INACCURACY OF DATA, COST OF SUBSTITUTE SERVICES, ACCOUNTING OR BOOKKEEPING ERRORS, TAX PENALTIES, INTEREST, FINES, AUDIT COSTS, OR REGULATORY SANCTIONS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100.00).
THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE PARTIES ACKNOWLEDGE THAT THE FEES FOR THE SERVICE REFLECT THIS ALLOCATION OF RISK AND THAT THE COMPANY WOULD NOT PROVIDE THE SERVICE ON THESE ECONOMIC TERMS WITHOUT THESE LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, THE COMPANY'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its members, managers, officers, employees, agents, licensors, and suppliers from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Service; (b) your User Data, including any claim that it infringes or violates the rights of a third party or applicable law; (c) your storage of Prohibited Sensitive Data in the Service in violation of Section 8.3, including any claim arising from the loss, disclosure, or misuse of such data; (d) your violation of these Terms; (e) your violation of any law, regulation, or third-party right; or (f) any act or omission of your Authorized Users. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with the Company's defense.
16. Term, Suspension, and Termination
These Terms take effect when you first accept them and continue until your account and Subscription are terminated. You may cancel your Subscription at any time through your account settings or by contacting support; cancellation takes effect at the end of the then-current billing period, and fees already paid are non-refundable except as required by law.
The Company may suspend or terminate your account or access to the Service, in whole or in part, at any time: (a) for breach of these Terms (including storage of Prohibited Sensitive Data); (b) for non-payment; (c) if required by law or by a governmental request; (d) if your use poses a security risk or could harm the Service or other users; or (e) upon discontinuation of the Service. Where practicable, the Company will provide reasonable notice.
Upon termination: (i) your license to use the Service ends immediately; (ii) you should promptly export your User Data, as the Company may make User Data available for export for a period of thirty (30) days following termination (except in cases of termination for serious breach or unlawful use), after which the Company may delete it without liability; and (iii) Sections 4, 8, 11, 12, 13, 14, 15, 17, 18, 19, and 20 survive termination.
17. Changes to the Service and to These Terms
The Company may revise these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms on the Website, updating the "Last Updated" date, and/or notifying you by email or through the Service. Changes take effect upon posting unless otherwise stated. Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of the changes. If you do not agree with the revised Terms, you must stop using the Service and cancel your Subscription.
18. Governing Law and Venue
These Terms and any dispute, claim, or controversy arising out of or relating to them or the Service shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict-of-laws principles. Subject to the arbitration provision in Section 19, the state and federal courts located in Middlesex County, New Jersey shall have exclusive jurisdiction over any dispute not subject to arbitration, and each party irrevocably consents to the personal jurisdiction and venue of such courts and waives any objection based on inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
19. Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE COMPANY ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
Informal Resolution. Before initiating any arbitration or court proceeding, you agree to first contact the Company at office@SypramSoftware.com with a written description of the dispute and to attempt in good faith to resolve it informally for at least thirty (30) days.
Binding Arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including their formation, interpretation, breach, or termination, shall be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect, before a single arbitrator. The seat and place of arbitration shall be Middlesex County, New Jersey, provided that either party may elect to appear by video conference where permitted by the AAA rules. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
Exceptions. Either party may (a) bring an individual claim in small claims court of competent jurisdiction, and (b) seek injunctive or other equitable relief in the courts identified in Section 18 to protect its intellectual property rights or confidential information.
CLASS ACTION WAIVER. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Fees. Each party shall bear its own attorneys' fees and costs, and the parties shall share the arbitrator's and administrative fees as provided in the AAA rules, unless the arbitrator determines otherwise or applicable law requires a different allocation.
Time Limit. To the extent permitted by law, any claim arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues; otherwise, the claim is permanently barred.
20. General Provisions
Force Majeure. The Company shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, epidemics, power or internet failures, denial-of-service attacks, or failures of third-party hosting or telecommunications providers.
Electronic Communications and Signature. You consent to receive communications from the Company electronically, and you agree that clicking "I Agree" (or similar) constitutes your electronic signature and has the same legal effect as a handwritten signature under the U.S. E-SIGN Act and applicable state law.
Entire Agreement. These Terms, together with the Privacy Policy and any order or subscription documents you accept, constitute the entire agreement between you and the Company regarding the Service and supersede all prior or contemporaneous agreements, communications, and understandings, whether written or oral.
Severability. If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
Waiver. The Company's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
Assignment. You may not assign or transfer these Terms or your account without the Company's prior written consent. The Company may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
No Third-Party Beneficiaries. These Terms do not confer any rights or remedies on any person other than the parties, except that the Company's members, managers, officers, employees, agents, licensors, and suppliers are intended beneficiaries of Sections 12 through 15.
Relationship. The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship.
Export and Government Use. You shall comply with all applicable U.S. export control laws. The Service is "commercial computer software," and any government use is subject to these commercial terms.
Headings. Section headings are for convenience only and do not affect interpretation.
21. Contact Information
If you have questions about these Terms or the Service, please contact:
Sypram Software LLC
5 Clyde Road, Somerset, New Jersey 08873
Email: office@SypramSoftware.com •
Website: AdvEntERP.com
Acknowledgment and Acceptance
BY CLICKING "I AGREE" OR CREATING AN ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, INCLUDING THE PROHIBITION ON STORING SENSITIVE FINANCIAL DATA, THE DISCLAIMER OF WARRANTIES, ASSUMPTION OF RISK, LIMITATION OF LIABILITY, AND BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS, AND THAT YOU AGREE TO BE BOUND BY THEM.