Terms of Service Agreement

This Agreement of Terms of Service (henceforth called as Agreement) is entered between you or the organization you represent (“You”), and Noetics LLC (“We”). This Agreement governs the terms of service provided by Noetics LLC (hereafter referred as “Services”) offered by Noetics LLC at the website www.noeticerp.com. By using our services, you are explicitly agreeing to the terms of service mentioned in this Agreement below.

Trademark:

Noetics name and symbol are trademark property of Noetics LLC. You agree to use this Trademark only after receiving explicit written permission from Noetics LLC.

Description of Services:

Noetics LLC offers a variety of Services on the www.noeticerp.com website. These Services may be accessed online using an Internet browser supported by these Services. These Services include Enterprise Resource Planning (ERP), Customer Relationship Management (CRM), Project Management, Human Resource Management (HRM), Accounting, Sales, Customer Support, Warehouse, and Manufacturing related modules. Noetics LLC reserves the right to add or remove additional service modules in the future. You may use these services for personal and professional use. To use these services, you need to create an account on www.noeticerp.com website. You may create, edit, or remove content within your account that you are authorized to use. You may use one or more of the modules offered under these Services. The terms of this Agreement will apply to any of the modules you may choose to use.

Acceptance of the Terms:

You must be of legal age in order to accept the Terms of this agreement. You may accept the Terms by clicking on a button indicating your acceptance of the terms. Further, you are explicitly agreeing to the terms of this Agreement once you start using the Services.

User Account:

For accessing the services offered at www.noeticerp.com, you need to sign up and create a user account. During the user sign-up process, you agree to provide accurate information about yourself and your organization. We will be using your email address (mark@noeticerp.com) to verify your account and establish your identity as well as send you account access credentials such as passwords. You agree to provide a valid email address that will help in the account verification process. Each user will be required to create their separate user account for using the services at www.noeticerp.com. Each account will be allocated 1 GB space that can be used for uploading images, documents, and other account-related content. If you need to use more than 1 GB space, please contact mark@noeticerp.com.

Fees and Payments:

Noetics LLC will charge you for the services that you may use at www.noeticerp.com. The pricing details of these services are published at www.noeticerp.com. Once you sign up for our services and choose to purchase our services, you agree to make payments using a credit card. You will be required to submit information about a valid Credit Card that you want to use to make payments to Noetics LLC. For services offered in the SaaS (Software as a Service) form factor, you may be charged on a half-yearly or yearly basis as per the features and payment plan you choose. Your billing cycle starts on the day you sign up for our services. You agree to make these payments on a regular basis. Your credit card will automatically be charged as per your payment plan. We may choose to give a free evaluation period (or trial) where you can evaluate our services. You will not be charged for the entire length of the trial period. Your billing will start at the end of the trial period. For any queries on fees and payments, please contact mark@noeticerp.com.

Refund Policy:

All Sales are final. If you choose to cancel our services at any time, you will Not be refunded the amount corresponding to the time left in your billing cycle.

Scheduled Maintenance:

The services available at www.noeticerp.com will not be available between 1:00 am to 4:00 am (US EST) on every Sunday for scheduled maintenance.

Acceptable Use:

You agree to use the services in a fair manner for your personal or professional use. You shall not transfer our services to another user or third party. You shall not resell our Services to other users without prior written permission from Noetics LLC. You shall not provide additional services on top of our Services without prior written permission from Noetics LLC. You shall not post links to third-party websites without agreeing to their terms and conditions.

Spamming and Illegal Activities:

You are solely responsible for the content that you upload, create, or edit at www.noeticerp.com. You agree not to violate intellectual property rights of another user. You shall not use www.noeticerp.com for spamming or phishing activities. You shall not upload or create any material that is illegal, abusive, obscene, racist, or harmful in any way to other users of www.noeticerp.com. Noetics LLC reserves the right to terminate your account and access to our services if we believe that you are using our website for any illegal activities.

Personal Information and Privacy:

Please refer to our Privacy Policy on how we handle your personal information that you declare at www.noeticerp.com. Your user account and access credentials are private information that belongs to you. You are responsible for keeping this information private and confidential. We are not liable for any harm or monetary damage arising from theft or accidental loss of your account access information.

Beta Program:

Noetics LLC may offer certain services under a Beta Program for market trials and customer evaluation purposes. For such Beta Programs, we have the sole authority to decide the nature and period of the Beta Programs. We reserve the right to convert the service under a Beta Program to a regular commercial service. If we decide not to convert the Beta program service into a regular commercial service, then you agree that we are not liable for any harm or monetary damage arising from discontinuing that service.

Account-Related Communications:

Noetics LLC will send out regular communications about your account status and the services that you may choose. This communication will be typically delivered via email. All administrative and account-related communications are compulsory, and you shall not opt-out of such communications.

Data Handling:

During the course of using our Services, you may create, upload, or edit content on our website. This content will be considered as data owned by you. While you are the owner of this data, Noetics LLC shall have the right to transmit, store, retrieve, archive, or backup such data for efficiency and business continuity of our website.

Copyright:

You may upload content to www.noeticerp.com that you hold copyrights for. You agree not to violate any copyrights in any form, including plagiarism, posting other people's content without written permission from them, citations without due credit to sources, uploading documents without permission from document owners, and revealing other people's confidential information such as passwords, personal profiles, and credit card information. In case of a violation of copyright, Noetics LLC reserves the right to terminate the user account and access to Services. During the course of using our Services, you may create, upload, or edit content on our website. This content will be considered as data owned by you. While you are the owner of this data, Noetics LLC shall have the right to transmit, store, retrieve, archive, or backup such data for efficiency and business continuity of our website.

Disclaimer of Warranties:

You understand and agree that you are using services from www.noeticerp.com at your own risk. The Services offered at www.noeticerp.com are on an as-is basis. Noetics LLC does not make any warranty that our services will be continuous or uninterrupted. Noetics LLC disclaims warranties of any kind arising from downloading any material from www.noeticerp.com, including damages to your computer or mobile phone that you use to access these Services.

Limitation of Liability:

You agree that Noetics LLC shall not be liable for any losses or damages related to the loss of business profits, interruption of business, loss of information, or any other type of direct or indirect losses arising from the use of our Services. Further, Noetics LLC shall not be liable for any losses or damages arising from prolonged non-availability of our Services due to whatever reasons. In such cases, you may choose to cancel our services. In all such cases, our liability will be limited to the fees that you have paid towards our services.

Indemnification:

You agree to indemnify and hold harmless Noetics LLC, its officers, directors, and employees, from and against any losses and damages arising out of or relating to any claims that you have used the Services in violation of another party’s rights as per terms in this Agreement.

Modification of Terms of Service:

We may modify the Terms from time to time. We will notify you of any such modifications to our terms of service. If you do not accept the modified terms of service, you may choose to discontinue with our services. If you choose to continue using our services, then you are explicitly agreeing to our new, modified terms of service.

Arbitration:

Any controversy arising out of terms of this Agreement shall be settled in California and in accordance with arbitration rules of the American Arbitration Association.

Suspension and Termination:

We may suspend or terminate your account due to non-payment of fees. We may also suspend or terminate your account if we believe that you have violated terms of this Agreement related to Acceptable Use, Copyright, Spamming and Illegal Activities. We may suspend or terminate accounts that have been inactive for 6 months or more.