Thank you for acquiring your BIMS ERP subscription. Following we include the terms and conditions under which you have acquired our service. 

BIMS ERP is a Software as a Service (SaaS) subscription service acquired through a month to month subscription.  The service is available only through our hosting service.  

Hosting – Our service is available through our cloud-based hosting using Google Cloud. We are responsible for managing the entire stack of our infrastructure including all backups, updates, security, maintenance, and administration of our cloud instances. 

Licencing – The contracting of our SaaS solution is a serviced-based offering and does not confer in any form a license to the end-user of the service. All licenses and intellectual property of the software are solely owned by TIVA, S.A. 

Support – Our technical support is available to you 24/7 through our integrated in-app chat system Intercom. Our staff is available during regular office hours Monday through Friday. We will respond to your inquiry within 24 hours of receipt of your communication during weekdays and work on a “best effort” manner to resolve questions, issues or bugs in the software. At the time of receipt of your inquiry, we register this in our Support Ticket System and our communication may be via email or chat as we follow up with your inquiry.

Service Level Agreement – We utilize Google Cloud Services for all our hosting for BIMS ERP. Please refer to https://cloud.google.com/terms/sla/ to understand the service coverage provided. 

Subscription Service – The subscription service model provides you the ability to acquire your BIMS ERP instance on a prepaid month to month basis, being able to change its profile as well as cancel at any time without any long term contracts. The subscription billing is managed through our website and will be charged to your debit or credit card on the day of the month when you registered for the service. To activate your subscription you must purchase a base subscription from our current offering or make arrangements for a Custom subscription with our sales team. To the base subscription you may add specific specialized modules, additional users, and Point of Sale Terminals for an additional monthly charge that you may change dynamically by upgrading or downgrading your subscription.

Your subscription includes at no additional costs all upgrades, bug resolution, management, maintenance and technical support (as described below) to the BIMS ERP software and its stack. We are committed to providing continuous improvements and value through improvements in performance, new features and functionality to you our customer.

Subscription Upgrades and Downgrades – The subscription can be upgraded or downgraded changing the composition of the components included in the service by modifying the subscription type (Primo, Essentials, Pro or Custom), modifying what specialized modules you include as well as modifying the number of users and point of sale terminals corresponding to each month’s subscription.

For upgrades, the changes will be activated within the following business day to when you purchase your new subscription. For downgrades, these will also be applied within the next business day, but must be coordinated with our support team, as these may require you to modify your users, point of sale terminals or specialized modules you currently use before applying the changes.

 All subscriptions are pre-paid for a period of one month and are set to automatically renew on the same day each month until you make a change or cancel the service. When you make changes to your subscription (upgrades or downgrades), the charges are made immediately and the changes take effect by the next business day. With the changes to your existing subscription you are acquiring a new subscription and that will set a new date for your monthly renewal charge to your debit or credit card. It  is important you note this policy so that you manage your subscriptions accordingly to maximize your subscription value, because as it is a prepaid subscription there are no refunds or applied balances to new subscriptions including when canceling the service. 

 Suspended Service – We will make three attempts to complete the charges to your debit or credit card associated with your account on your subscription renewal date. We will also reach out to you via email or chat within BIMS ERP. If we are unable to contact you to resolve the payment issue within five business days of your payment date, we will temporarily suspend access to your BIMS ERP instance until such time a successful charge is made to your card. Please refer to the Data Policy to know how your data will be managed for suspended accounts. 

 Users – Users in BIMS ERP are nominal or named users and are counted as such as part of your subscription. With each person you define as a user in the system you utilize one of the users of your subscription. You may dynamically change the number of users you need in the system, but please refer to the Subscriptions Upgrades and Downgrades section above so you understand how best to manage these changes. 

 Data – All the data and information that is imported and generated as a result of using the software is yours and yours to keep. Most interfaces in BIMS allow you to download or export your information to Excel format. You may also request access to an FTP server where you may periodically download a copy of your database. 

 If you were to cancel, freeze or stop payment of your subscription account, your data will be stored for a period of six months which will allow you to either reactivate your subscription or get a copy of your data. Once the six months pass, all your data is permanently deleted and you will no longer have access to it. 

BIMS PRO and Multi-company – for BIMS PRO subscription product, the standard option is activated with four (4) companies. Additional companies beyond this will need to be requested and may incur an additional fee per each new company.

 Implementation Services – All implementation, integration and training services are not included as part of your monthly subscription. These can be acquired and sized separately according to the needs of each customer. These will be billed separately. 

 Customer Responsibilities – It is important to note that you, the customer are responsible for the following:

Procedures and Operations Manuals – Although we provide documentation and support, you are responsible for defining your own policies and procedures on how you want your business to operate. We are available for consultation and provide implementation and integration services to accompany your subscription service, but you are responsible for defining and documenting your own policies and procedures. You are also responsible for defining your continuity of doing business procedures in case the system is not available. As we state in the Support section above, in the case the system is unavailable due to a situation on our end, we will provide best effort support to resolve the issue as soon as possible, but there may be unforeseeable circumstances that may even impede you to gain access to the system such as loss of energy, hardware failure, telecommunications failures to name a few and it is your responsibility to have offline continuity of doing business procedures that you need to have defined and in place. You the customer are responsible for these. You are also responsible for all your staffing, business hardware, energy and telecommunications services. 

 Privacy Policy – Your privacy is important to us. It is our policy to respect your privacy regarding any information we may collect from you across our website, http://www.getbims.com, and other sites we own and operate.

 We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we are collecting it and how it will be used.

 We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we will protect within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification. We do not share any personally identifying information publicly or with third-parties, except when required to by law. Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies. You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.

 Your continued use of our website will be regarded as acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us.

 Pricing – We reserve the right to modify our pricing policy at any time. We will however inform existing customers of changes 60 days prior to the changes taking effect. 

 Invoicing and Taxes – We will provide automatic invoicing to you upon the successful completion of charges to your debit or credit card. We issue invoices from our headquarters in Washington, DC USA. You are responsible for all local taxes that may apply.