Terms of Service
Welcome to BPMContext LLC, (which we refer to in these Terms and Conditions of Use as the “Service”, which term also refers to any content, functionality and services offered on or through the website). We provide various services for online business process management, collaboration, communication, and content management including single focus apps for machine to machine communications utilizing QR codes or barcodes, offered through the URL www.BPMContext.com (which we refer to as the “Website”). This Service may be used for business purposes for the entity you represent or for personal use. This Website may also include information such as technical, product, pricing, marketing, and other valuable information (which we refer to as “Information”).
The Website is designed for use by people in companies, organizations and teams and is offered for use throughout the world. We want to ensure that the site is acceptable for anyone in this community of users. That requires us to implement a few rules. Accordingly, we have put these Terms and Conditions of Use (these “Terms”) in place.
When we refer to “you” and “your” in these Terms, we are referring to you as a user of the Website and a customer of the Service or a representative of an entity that is a customer of the Service.
1. ACCEPTANCE OF TERMS
YOU SHOULD CAREFULLY READ THESE TERMS. By accessing, browsing, registering on and/or using the site, you acknowledge that you have read, understood and agreed to be bound by these Terms.
We may make changes to the site or these Terms at any time and will do our best to notify you via email if you have a BPMContext account. Any modifications will be effective when the changes are posted to the Website. You can review the most current version of the Terms at any time by accessing the Terms of the Website available here and you are expected to check this page from time to time for updates to these Terms. You understand and agree that your continued access to or use of the Website after any posted modification to these Terms indicates your acceptance of the modification.
If you do not agree to these Terms, you should not access or otherwise use the Website.
2. ELIGIBILITY TO USE THE SERVICE AND WEBSITE
The site is available to individuals and representatives of an entity who agree and have the authority to enter into these contract Terms.
If you sign up on behalf of a company or other entity you represent your authority to accept these Terms on their behalf, and that your company agrees be responsible for, and to indemnify BPMContext for, any violations of these terms.
In order to use the features that are offered through the Website, you will need to register and provide certain information about yourself including legal full name, a valid email address and other information requested in order to complete the registration process. You agree that any information you provide to us during registration, and at all other times, is and will be true, current and complete.
You represent and warrant that you meet these requirements, that you will use BPMContext in a way that does not violate any intellectual property or other proprietary rights of any other person, or that violates any laws or regulations.
3. REGISTERED ACCOUNT AND PASSWORD
You are responsible for maintaining the confidentiality of your user account and password, are responsible for ensuring that no person who is not authorized to use the Website accesses the Website through your internet connection, and are responsible for all behavior of any such person who improperly accesses the Website. BPMContext is not liable for any loss or damage from your failure to comply with this security obligation. You will notify us of any unauthorized activity. We’re not responsible for losses due to hacked passwords. We don’t have access to passwords. We may only reset passwords. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your password, and you agree to inform BPMContext immediately in writing of any actual or potential unauthorized access to a password or to the Website and/or Services.
4. TERMINATIONS AND ACCOUNT DEACTIVATION AND DATA DELETION
You will be subject to these Terms when you register and sign up to enter and use BPMContext, and for as long as you use the Service We reserve the right in our sole discretion to terminate or restrict your use of all or any part of the Website with notice, for any or no reason, and without liability to you or anyone else. The provisions of these Terms under the headings Termination and Account Deactivation and Data Deletion; Accounts and Data Ownership; Payment, Credit Cards, Refunds; Acceptable Use Policy; Links to Other Web Sites; Intellectual Property, Content Ownership and Proprietary Rights; Infringement and “Take-Down” Policy; Indemnity; Disclaimer of Warranties; Limitation of Liability; Business Use of Our Services and Website; Governing Law and Choice of Forum; Injunctive Relief; Other Terms; Attorney Fees, Subpoena Fees and Notification of Security Breach shall survive any termination.
You may deactivate your account any time. This will suspend future billing. It is not considered a cancelation. However, if you deactivate your account or don’t log into your account for 6 months or more, we may treat your account as cancelled/terminated and delete the account and data.
If you deactivate your account or don’t log into your account for 6 months or more, we may treat your account as cancelled/terminated and delete the account and data.
Administrator rights are necessary to delete an account and its data. Administrators can cancel their account by clicking on the Account Manager link in the Administrator menu in the navigation bar. The first step in the process will deactivate your account and disable any user from logging into the account. The administrator will still have access to the account.
The administrator will then download, sign and notarize a letter confirming deletion is approved. This letter will be mailed to BPMContext, 357 N Milwaukee Ave, #205 Libertyville, IL 60048. Upon receipt, we will call to verify the data deletion request.
BPMContext does not accept any responsibility for loss of data due to account cancellation.
5. ACCOUNTS AND DATA OWNERSHIP
We do not have obligation to understand the workings of your entity, organization, company or team, and will not negotiate disputes as to account ownership. You will not request access to or information about accounts that are not yours or that you are not associated with. It is your responsibility to resolve any dispute regarding account ownership directly with the other party. We decide who owns an account based on the domain name and the contact information listed for the administrator of that account. If multiple people are identified as an administrator, then we’ll rely on the billing information of that account.
Customers and users may electronically submit information and data to BPMContext. You maintain control of any data that you submit. Our service does not access data on the system except under legal requirements as defined in these Terms listed below.
Users and customers maintain control of the use of data generated on BPMContext. Customers can remove themselves and their data from the system without question by following Deactivate Account/Delete Account process. Once BPMContext initiates our part of the delete process and delete data, the backup copies of data will be deleted in 28 days.
6. PAYMENT, CREDIT CARDS, REFUNDS
Our Service is offered through a free offering with extensions billed on an annual or monthly subscription plan. Services that are billed in advance will be billed immediately. Payments are due for any month on the same date, or the closest date in that month, to the day you registered and signed up with us and made your first monthly payment. If you go over the storage limit that you subscribed for, then you will have to pay a storage fee. This fee will be billed along with your monthly subscription plan. If your subscription period ends before your payment is due, you’ll still be required to make one last payment.
-Taxes, levies, withholdings or duties imposed by taxing authorities, are your responsibility and as such payment of all such taxes, levies, withholdings or duties are to be paid in addition to the fees. Your account contact information must include the correct province/state and country so that BPMContext can understand its obligations to applicable taxation authorities.
-INSTALL ON ACTIVE ACCOUNTS
If subscriptions to custom workspaces is installed and available for multiple accounts, then your subscription is limited to a single domain address. If subscriptions to suites and pro services is installed and available for multiple accounts, then your subscription is not limited to a single domain address.
-ACTIVATE AND DEACTIVATE A USER
If you activate a user, your charge will be made to your credit card on your next billing cycle. If you deactivate a user, your change takes effect on your next billing cycle. This means we do not charge for partial months of service and we do not issue a credit for partial months of service. No further charges will be made to your credit card, but you will not receive a refund for the period.
Our Services may be offered with a free or trial period where no fees or credit card information is required. If you register and sign up for our Service then you will provide valid credit card information and authorize us to deduct the monthly charges against that credit card. We will make every effort to notify you of expiring credit cards. However, you are responsible to replace the information with information for a different valid card. You represent that you are the authorized account holder of the credit card and that any charges may be billed to that card and won’t be rejected. If we’re unable to process your order, we’ll attempt to contact you by email, and suspend your account until your payment is processed. Account suspension will result in deactivation of your account where only the administrator will be able to login. All other users of your account will not be able to login.
-REFUNDS; TECHNICAL SUPPORT
-Our Service is refundable up to 30 days after the purchase. We will refund as quickly as possible however Braintree or your financial institution can take up to 28 days for the refund to reflect in your account. To request a refund go to Support.BPMContext.com>Contact Us and submit your request using the form. Please include the order number that you want a refund for. Once we review your request we will confirm the refund is processed via email.
-Refunds may be requested for Annual or Monthly plans. Refunds may be made if we stop providing our Service for a reason not in these Terms. Refunds will be made for unused Services if we close your account without cause. No refunds will be made if if there is a cause, like a violation of these Terms or any other policy associated with the Website or the Service.
-Technical support is provided to paying accounts and is available via email and on our Website. We will respond to inquiries within 24 hours or less with estimated resolution within 3 days from last communication with account. This is applied to technical questions and account issues.
-For unresolved technical/downtime problems not related to browser issues, issues with 3rd party network connectivity, or issues outside of BPMContext’s control, a daily fee calculation of the monthly fee will be refunded for each 24 hours of verifiable downtime.
-PAYMENT AND FEE CHANGES
Our fee structure may change at any time. If changed you will be notified by email and by information available on our Website.
You are solely responsible for all of any Content that you submit or transmit to, through, or in connection with the Website, as well as any and all acts and omissions that occur during or relating to your use of the Website. “Content” refers to any information, ideas, opinions, text, images, photos, audio, video, location data and all other forms of data or communication, and “Your Content” refers top any Content that you submit. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable.
7. ACCEPTABLE USE POLICY
You agree not to engage in unacceptable use of the Website. Without limiting that general statement, you agree to the following acceptable use policy guidelines:
- You may not post any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, and without limiting the foregoing, you agree to not store pornography on the Website. This includes your agreement not to defame or otherwise discredit our reputation or that of our products or services (including the Service), or our officers, directors, employees, partners, affiliates, customers, vendors or any other third parties.
- You may not use the Website in any way that violate any law (whether local, state, national, or international), whether or not intentionally.
- You may not attempt to use or access the Website in any way that would compromise the security measures we have undertaken in order to avoid risks associated with the loss or destruction of data. For example, you may not disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs.
- You may not interfere with or disrupt the Website, or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website.
- You may not interfere, disrupt, or attempt to gain unauthorized access to other profiles or accounts on the Website or any other computer network.
- You may not restrict or inhibit any other visitor or member from using the Website, including, without limitation, by means of “hacking” or defacing any portion of the Website.
- You may not engage in any other activity deemed by us in our sole discretion to be in conflict with the spirit or intent of these Terms.
You are responsible for applying these rules. We are under no obligation to enforce these Terms on your behalf against another user. You understand that by using the Website, you may be exposed to Content that may offend you or challenge your beliefs. Your sole remedy is to avoid such Content by discontinuing your use of the Website.
8. LINKS TO OTHER WEB SITES
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY SITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES.
9. INTELLECTUAL PROPERTY, CONTENT OWNERSHIP AND PROPRIETARY RIGHTS
You agree not to remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the site.
- You may not duplicate, sell, lease, distribute, copy or change any portion of the software, HTML/CSS or visual design elements of the Website. We prohibit any attempt to reverse engineer or to extract the source code from our software, unless laws exist that prohibit those restrictions or you have received the written permission from BPMContext.
- You will respect the proprietary rights in the Service, Website, any software associated with the Service and the Website, and all other brand assets including trademarks, service markets and copyrights. This includes not using our brand assets to imply a relationship with your product or service, as part of your product or service or combined with any other graphics, without written consent from BPMContext. BPMContext and all related names, logos, products and service names, designs and slogans are trademarks of us, and are our sole property. You may not use such marks without our prior written permission.
- BPMContext software includes scheduled upgrades as part of the service. This occurs automatically and will appear on your device once a new version is released and made available to our customers and trial users.
10. INFRINGEMENT AND “TAKE-DOWN” POLICY
We take claims of copyright infringement seriously. We reserve the right, but do not have the obligation, to terminate your use of the Website if we determine, in our sole and absolute discretion, that you are involved in any infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately deemed to be infringing. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials.
The Digital Millennium Copyright Act, 17 U.S.C. Section 512, as amended (the “DMCA”), provides a complaint procedure for copyright owners who believe that any materials on the Website infringe their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the Website, you may request removal of those materials (or access thereto) from the site by submitting written notification to our Copyright Agent (designated below). To comply with the DMCA, your written notice must include the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
These requirements must be followed to give us legally sufficient notice of infringement. Our Copyright Agent to whom you should send copyright infringement complaints is BPMContext or mail to BPMContext, 357 N Milwaukee Ave, #205 Libertyville, IL 60048, Attn: General Counsel
We strongly suggest that you consult your legal advisor before filing a DMCA notice with our copyright agent. There can be penalties for false claims under the DMCA. For example, if you knowingly materially misrepresent that material or activity on the site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
You agree to indemnify and hold us, and our directors, officers, affiliates, volunteers, agents, employees, licensors and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any Content you submit, post to, or transmit through the Website or the Service, your use of the Website or the Service, your violation of these Terms or your violation of any rights of any third party.
12. DISCLAIMER OF WARRANTIES
THE WEBSITE AND THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AND THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE WEBSITE OR SERVICE, OR FROM ANY CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE SERVICE, OR THE CONDUCT OF OTHER USERS OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND THE SERVICE. YOUR ONLY REMEDY FOR DISSATISFACTION WITH THE WEBSITE, THE SERVICE OR ANY CONTENT IS TO STOP USING THE WEBSITE AND THE SERVICE. CERTAIN STATE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
14. BUSINESS USE OF OUR SERVICES AND WEBSITE
If you are using our Service on behalf of a business, that business accepts these terms. It will hold harmless and indemnify BPMContext and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Service or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
16. GOVERNING LAW AND CHOICE OF FORUM
The laws of the State of Illinois (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these Terms, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these Terms shall be brought solely in the City of Libertyville, State of Illinois.
17. INJUNCTIVE RELIEF
In the event you breach or threaten breach of these Terms, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision above, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.
18. OTHER TERMS
If any provision of these Terms is held to be unenforceable, this holding will not affect the validity of the other provisions.
These Terms are for the benefit of us, our subsidiaries, affiliates and third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Our failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms.
Minimum of 24 users required for enterprise feature access and file storage. Enterprise accounts which fail to maintain a minimum of 24 users will be required to pay a data maintenance fee.
We may assign our rights and duties under these Terms to any party at any time without notice to you.
19. ATTORNEY FEES
If we file an action claiming breach of Terms and we win, we are entitled to recover attorney fees and damages.
20. SUBPOENA FEES
If we are required to research, reply and provide information in response to a subpoena related to your account, we may charge you for our costs.
21. NOTIFICATION OF SECURITY BREACH
In the event of a security breach that may affect you, we will take all reasonable and legally required steps notify you of the breach and provide a description of the situation.