These terms govern your use of BusinessSensor websites, software and services. BusinessSensor is a trading name of Business Sensor Software Inc., a company incorporated in Canada. By opening an account or using our software, you agree to them. If you are agreeing on behalf of a business, you confirm you have authority to bind that business.
The service
We provide business management and accounting software, delivered as an installed application, as a hosted cloud service, or both, according to the subscription you hold. The features available to you depend on the product and tier you have subscribed to.
Your account
You are responsible for the accuracy of the account information you give us, for the security of your login credentials, and for the activity of the users you create. Tell us promptly if you believe an account has been compromised.
Subscriptions, fees and renewal
Subscription fees, the billing period and any usage limits are those shown at the time you subscribe. Fees are payable in advance unless we agree otherwise in writing. Subscriptions renew for successive periods unless cancelled before the end of the current period.
We may change our prices. Where we do, we will give you notice before the change applies to your renewal.
Your data
The data you and your users put into the software remains yours. We do not claim ownership of it. We process it to provide the service, as described in our Privacy Policy.
You are responsible for having the right to use the data you put into the software, including any personal data about your own customers, guests, patients or staff, and for using it lawfully.
On termination you may export your data. We will retain it for a reasonable period to allow export, after which we may delete it.
Acceptable use
You agree not to:
- Use the service unlawfully, or to store or transmit unlawful material
- Attempt to gain unauthorised access to the service or to another customer’s data
- Interfere with or disrupt the integrity or performance of the service
- Reverse engineer, copy or resell the software except as permitted by law or by written agreement
- Use the service in a way that infringes the rights of others
Availability and support
We aim to keep the hosted service available and to provide support during our published hours. From time to time we need to perform maintenance, and we will give notice of planned maintenance where we reasonably can. Where a separate service level agreement applies to your subscription, that agreement governs availability commitments.
Third-party services
Our software can connect to third-party services, including payment gateways and hardware providers. Those services are governed by their own terms, and we are not responsible for their acts or omissions.
Intellectual property
We retain all rights in our software, documentation, trade marks and materials. Your subscription grants you a non-exclusive, non-transferable right to use the software for your own business for the duration of the subscription.
Warranties and disclaimers
We provide the service with reasonable skill and care. Beyond that, and to the extent permitted by law, the service is provided as-is. The software supports your accounting and operational record keeping, but it does not constitute accounting, tax or legal advice, and you remain responsible for your own compliance obligations and for reviewing the records you produce with it.
Limitation of liability
To the extent permitted by law, neither party is liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings. Our total liability arising out of or in connection with these terms is limited to the fees you paid us in the twelve months before the event giving rise to the claim. Nothing in these terms excludes liability that cannot lawfully be excluded.
Suspension and termination
You may cancel your subscription at the end of a billing period. We may suspend or terminate the service if fees are unpaid, if these terms are breached, or if required by law. We will give notice where it is reasonable to do so.
Changes to these terms
We may update these terms. Where a change materially affects you, we will give notice before it takes effect. Continuing to use the service after that point means you accept the updated terms.
Governing law
These terms are governed by the laws of the Province of Manitoba and the federal laws of Canada applicable in it, and the courts of Manitoba have jurisdiction over any dispute, unless a separate written agreement between us says otherwise.
Contact
Questions about these terms can be sent to info@businesssensor.com, or by post to 13 Sandwalk Crt, Winnipeg, Manitoba, Canada.