Terms and Conditions

Short and Sweet Version

We will maintain professional standards throughout our organization and do our very best to provide your team with great service while protecting the privacy and the integrity of your data. We promise not to share your personal information or data with anyone at all, ever. Period. What's yours is yours and what's ours is ours. Do no evil or we will terminate your account.

Long and Boring Version

Welcome to the online services of Open Business Solutions OOD. We provide an array of services for online collaboration and business management, designed to provide an enterprise-wide solution for automating business processes and operations, via the modular Enterprise Resource Planning software OBS ERP, located at https://www.obs2go.com (the "Service"). The Service is owned and operated by Open Business Solutions OOD, a company registered with the Commercial Register of the Bulgarian Registry Agency under Unified Identification Code (EIK) 201200010, with registered address at 55 Elovitsa str., building B, 1st floor, 1415 Sofia, Bulgaria ("Open Business Solutions OOD") and is provided to you (the "Account Holder") under the terms and conditions outlined below. By using the Service, you acknowledge the terms and conditions of this agreement (the "Agreement") and agree to use the Service accordingly. This Agreement shall continue to be in effect for as long as the Account Holder is registered to use the Service. Any new features that enhance or extend the current Service shall be subject to this Agreement. Continued use of the Service after any such changes shall constitute Account Holder’s consent to such changes. You should not use the Service if you do not accept these terms.

The Service

Open Business Solutions OOD shall enable Account Holder to upload, create, store, process and edit information with their user account over the Internet (the "Content"). Account Holder may use the Service for their business use or for internal business purpose in the organization they represent. Account Holder may connect to the Service using any Internet browser supported by the Service or through the OBS2GO Mobile App software available for download at Google Play and Apple App stores. Account Holder is responsible for obtaining access to the Internet and the equipment necessary to use the Service. As part of the Service Open Business Solutions OOD shall provide basic technical support and software maintenance to the Account Holder at no additional charge, and in accordance with the level of service outlined at https://www.obs2go.com/en/sla . More comprehensive levels of technical support and software maintenance are available upon request and at a surcharge.

Changes to the Service and the Agreement

Open Business Solutions OOD reserves the right to modify (make technological adaptations and changes in order to further develop) the Service and/or make changes to the Agreement at any time and without prior notice. However, such changes to the Service or the Agreement will not result in a substantial reduction in the level of performance or availability of the Service, or Account Holder’s rights in connection with use of the Service, for the duration of the subscription term. Should Open Business Solutions OOD endeavour to make significant changes to the Agreement or the Service that substantially affects Account Holder’s rights or the level of performance or availability of the Service, Open Business Solutions OOD will try to notify Account Holder via an email to the email address associated with Account Holder’s account. Account Holder may then terminate the use of the Service by providing Open Business Solutions OOD written notice within 2 weeks of being notified of the changes. In the event of such termination, Account Holder will be entitled to prorated refund of the unused portion of any prepaid subscription fees. Account Holder’s continued use of the Service after the expiration of the 2 weeks period will be deemed to be Account Holder’s agreement to the modified Service/Agreement.

Disclaimer of Warranties

The account holder expressly understands and agrees that the use of the Service is at the Account Holder’s sole risk. the Service is provided on an "as is" and "as available" basis. Except where prohibited by law, Open Business Solutions OOD expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Open Business Solutions OOD makes no warranty that (i) the Service will meet the Account Holder’s requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, or information obtained by account holder through the Service will meet the Account Holder’s expectations, and (v) any errors in the software will be corrected.

Limitation of Liability

As the Account Holder, you expressly understand and agree that, to the fullest extent permitted by law, Open Business Solutions OOD shall not be held liable for (i) loss, corruption or inaccuracy of Content, (ii) interruption , suspension, or termination of the Service, (iii) damages caused other than by intentional misconduct, or (iv) any indirect, special, incidental, consequential, exemplary, or punitive damages whatsoever, including, but not limited to, damages for lost profits, goodwill, disclosure of confidential information, or loss of privacy, arising out of or in any way related to the use of or inability to use the Service, or any of the associated services, even if Open Business Solutions OOD has been advised of the possibility of such damages. In no event shall Open Business Solutions OOD be held liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, Internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).

Notwithstanding the foregoing, and to the fullest extent permitted by law, Open Business Solutions OOD’s liability, whether arising from this Agreement, negligence or otherwise, shall always be limited to Account Holder’s actual damages, and in no event will such liability exceed the total amount of all fees paid to Open Business Solutions OOD by the Account Holder under this Agreement for the current subscription period.

The limitations of damages set forth above are fundamental elements of the agreement between Open Business Solutions OOD and Account Holder. Open Business Solutions OOD would not be able to provide the Service to you without such limitations.

Payment

When applicable, Open Business Solutions OOD shall make reasonable efforts to ensure that purchases with credit cards are processed in a timely manner. However, a number of factors, some of which are beyond our control, may affect funds approval. Open Business Solutions OOD makes no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system, nor shall we be held liable for any actual or consequential damages arising from any claim of delay.

Service Availability and Reliability

Open Business Solutions OOD cannot guarantee the continuous availability of the Service or any specific features of the Service or that it would always be error-free. It is strongly advisable Account Holder to occasionally export any generated Content and back it up on physical copy.

Automatic renewal

Once any free-trial period is over, Open Business Solutions OOD will automatically renew the Account Holder's subscription and bill them every month using the credit or debit card details provided to us, until Agreement terminated by you or us in accordance section Termination.

Termination

The Account Holder may stop using the Service and have their Content removed at any time by giving Open Business Solutions OOD at least thirty (30) days written notice. To do so, the Account Holder must contact Open Business Solutions OOD by email. Open Business Solutions OOD will remove the Content related to the Account Holder shortly after cancellation. If the Account Holder stops using their Content by not logging into the Service, or stop paying their subscription free, for a period of two (2) months, Open Business Solutions OOD reserves the right to deactivate the account and remove all Content related to the Account Holder. Open Business Solutions OOD has the right, in its sole discretion, to suspend or terminate the Service and refuse any and all current or future use of the Service, or any other Open Business Solutions OOD service, for any reason at any time by giving at least thirty (30) days written notice to the email address associated with Account Holder’s account. Such termination of the Service will result in the deactivation or deletion of all Content related to the Account Holder. Open Business Solutions OOD reserves the right to refuse Service to anyone for any reason at any time.

Confidentiality

Open Business Solutions OOD will keep secret Account Holder's Content and any other information of Account Holder, made available to Open Business Solutions OOD for the duration of the Agreement, except in the cases required by law or with the explicit agreement of the Account Holder. Account Holder agrees to keep secret any proprietary information of Open Business Solutions OOD made available to Account Holder, including but not limited to technical and non-technical information regarding the Service, know-how, formulas, processes, designs and methods, except in the cases required by law or with the explicit agreement of Open Business Solutions OOD.

Copyright

All copyright and other intellectual property rights in the Service (including any such rights in our website) are either owned by or licensed to Open Business Solutions OOD and nothing in this Agreement shall transfer any ownership rights whatsoever to the Account Holder. The Account Holder retains ownership of any copyright and any other intellectual property rights related to the Account Holder's Content. Intellectual property rights in Content will not be transferred to Open Business Solutions OOD. Any unauthorized copying, reproduction, adaptation or otherwise unauthorized use of the Service or its components without the prior written permission of Open Business Solutions OOD is strictly prohibited and constitutes a breach of Open Business Solutions OOD’s intellectual property rights.

Governing Law and Jurisdiction

This Agreement is governed by the substantive and procedural laws of the Republic of Bulgaria. All disputes arisen out of or relating to this Agreement shall be settled by the competent court of law in Sofia, Bulgaria.