Terms of Use for IntelliArch ERP

1. Introduction

Welcome to IntelliArch ERP ("Platform," "Software," "Service"), an enterprise resource planning solution owned and operated by Kushan Business Solutions LLC ("Company," "we," "our," or "us").

These Terms of Use ("Terms") govern your access to and use of IntelliArch ERP, including all associated websites, applications, modules, APIs, databases, and services. By accessing, subscribing to, or using IntelliArch ERP, you agree to be bound by these Terms.

If you do not agree with these Terms, you must not access or use the Service.

2. Eligibility

You may use IntelliArch ERP only if:

• You are at least 16 years of age.
• You have the authority to bind your organization to these Terms.
• Your use complies with all applicable laws and regulations.

If you are using the Service on behalf of an organization, you represent that you are authorized to accept these Terms on behalf of that organization.

3. Account Registration and Security

3.1 Account Creation

Users may be required to create an account to access certain features. You agree to:

• Provide accurate and complete information.
• Maintain the confidentiality of login credentials.
• Update information when necessary.
• Accept responsibility for all activities under your account.

3.2 Unauthorized Access

You must immediately notify us of any:

• Unauthorized use of your account.
• Security breaches.
• Suspected compromise of credentials.

The Company shall not be liable for losses resulting from unauthorized access caused by user negligence.

4. License Grant

Subject to compliance with these Terms and payment of applicable fees, Kushan Business Solutions LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use IntelliArch ERP for legitimate business purposes.

This license does not grant ownership of the Software or any intellectual property rights.

5. Acceptable Use

You agree not to:

• Use the Service for unlawful purposes.
• Attempt to gain unauthorized access to systems or data.
• Reverse engineer, decompile, or disassemble the Software.
• Introduce viruses, malware, or harmful code.
• Interfere with system performance or security.
• Upload content that violates laws or third-party rights.
• Resell, sublicense, or commercially exploit the Service without written authorization.

The Company reserves the right to suspend or terminate accounts violating these provisions.

6. Customer Data

6.1 Ownership

All business records, files, documents, customer information, and other data entered into IntelliArch ERP remain the property of the customer.

6.2 Limited Usage Rights

You grant Kushan Business Solutions LLC permission to:

• Store data.
• Process data.
• Transmit data as necessary to provide the Service.
• Create aggregated and anonymized analytics for product improvement.

We do not claim ownership of your business data.

6.3 Customer Responsibilities

You are responsible for:

• Data accuracy.
• Data legality.
• Obtaining necessary permissions from employees, customers, suppliers, and third parties.

7. Data Privacy

The collection, processing, and storage of personal information are governed by our Privacy Policy.

The Company implements commercially reasonable security measures to protect customer information but cannot guarantee absolute security.

8. Subscription and Fees

8.1 Subscription Plans

Access to certain features may require a paid subscription. Pricing, billing schedules, and plan features are specified in the applicable Order Form, Proposal, or Subscription Agreement.

8.2 Payment Obligations

Customers agree to:

• Pay all fees when due.
• Provide valid payment information.
• Pay applicable taxes unless exempt.

8.3 Late Payments

Failure to make timely payments may result in:

• Service suspension.
• Account restrictions.
• Additional collection costs where permitted by law.

9. Service Availability

While we strive to provide continuous access, we do not guarantee uninterrupted availability. The Service may be unavailable due to:

• Maintenance activities.
• Security incidents.
• Network failures.
• Third-party service disruptions.
• Events beyond reasonable control.

10. Software Updates and Enhancements

The Company may:

• Add features.
• Modify functionality.
• Improve security.
• Fix defects.
• Remove obsolete functionality.

Updates may occur without prior notice where necessary for security or operational reasons.

11. Intellectual Property Rights

All rights, title, and interest in IntelliArch ERP, including:

• Source code
• Software architecture
• User interfaces
• Documentation
• Trademarks
• Logos
• Databases

remain the exclusive property of Kushan Business Solutions LLC and its licensors. No rights are transferred except as expressly stated in these Terms.

12. Third-Party Integrations

IntelliArch ERP may integrate with third-party services, including but not limited to:

• Microsoft 365
• Google Workspace
• Payment processors
• CRM systems
• Accounting platforms
• Logistics systems

The Company is not responsible for:

• Third-party services.
• Third-party outages.
• Third-party security practices.
• Changes made by third-party providers.

Your use of such services is subject to their own terms and policies.

13. Artificial Intelligence Features

Certain modules may incorporate artificial intelligence, machine learning, predictive analytics, or automated decision-support capabilities.

Users acknowledge that:

• AI-generated outputs are recommendations only.
• Business decisions remain the responsibility of the user.
• The Company does not guarantee the accuracy, completeness, or suitability of AI-generated content.

Human review is recommended before acting on AI-generated outputs.

14. Confidentiality

Each party agrees to protect confidential information disclosed by the other party and use such information solely for purposes related to the Service.

Confidential information does not include information that:

• Is publicly available.
• Was independently developed.
• Was lawfully obtained from a third party.
• Must be disclosed by law.

17. Indemnification

You agree to indemnify and hold harmless Kushan Business Solutions LLC, its officers, directors, employees, contractors, and affiliates from claims arising from:

• Your misuse of the Service.
• Violation of these Terms.
• Violation of applicable laws.
• Infringement of third-party rights.

18. Suspension and Termination

The Company may suspend or terminate access if:

• These Terms are violated.
• Fees remain unpaid.
• Use poses a security risk.
• Required by law.

Upon termination:

• Access rights cease immediately.
• Customer data may be retained in accordance with applicable laws and retention policies.
• Outstanding obligations survive termination.

19. Data Retention and Deletion

Following termination:

• Customer data may be retained for up to ninety (90) days for retrieval purposes unless otherwise agreed.
• Thereafter, data may be securely deleted or anonymized.

Customers are encouraged to export their data before termination.

20. Compliance with Laws

Users agree to comply with all applicable:

• Data protection laws
• Employment laws
• Tax regulations
• Export control laws
• Industry regulations

The customer is solely responsible for ensuring regulatory compliance in their use of the Service.

21. Force Majeure

Neither party shall be liable for delays or failures caused by events beyond reasonable control, including:

• Natural disasters
• Government actions
• Cyberattacks
• Labor disputes
• Utility failures
• Internet disruptions

22. Governing Law

These Terms shall be governed by and construed under the laws of the State of California, United States, without regard to conflict of law principles.

Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in California.

23. Changes to Terms

The Company may update these Terms from time to time. Material changes will be communicated through:

• Platform notifications
• Email notices
• Website announcements

Continued use of IntelliArch ERP after changes become effective constitutes acceptance of the revised Terms.

24. Contact Information

25. Entire Agreement

These Terms, together with any applicable Subscription Agreement, Service Level Agreement (SLA), Data Processing Agreement (DPA), and Privacy Policy, constitute the entire agreement between the parties regarding the use of IntelliArch ERP and supersede all prior agreements or understandings.

By using IntelliArch ERP, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.