Terms of Service

Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of Predictiv ERP software and services ("Services"). By accessing or using our Services, you agree to be bound by these Terms.

If you are using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and represent that you have the authority to do so.

Service Description

Predictiv ERP provides enterprise resource planning software, including but not limited to:

• Financial management and accounting
• Inventory and warehouse management
• Sales, purchasing, and supply chain management
• Manufacturing and production planning
• Point of Sale (POS) and retail operations
• Mobile applications for field operations
• Business intelligence and reporting
• Workflow automation and AI-powered features

Services are available as self-hosted or cloud-hosted deployments, as specified in your subscription agreement.

Subscription and Payment

Pricing

Subscription fees are based on:

• $30 USD per concurrent user per month (self-hosted)
• $40 USD per concurrent user per month (cloud-hosted)
• Additional modules as specified (POS: $12/user/month, Van Sales: $18/user/month)

Payment Terms

• Subscriptions are billed monthly or annually in advance
• Payments are non-refundable except as required by law
• Prices are subject to change with 30 days' notice
• Failure to pay may result in service suspension or termination

Implementation Costs

One-time implementation costs are separate from subscription fees and are detailed in your implementation agreement. These typically range from $5,000 to $50,000 depending on complexity and scope.

User Responsibilities

You are responsible for:

• Account Security: Maintaining confidentiality of login credentials and user accounts
• Authorized Use: Ensuring all users comply with these Terms
• Data Accuracy: The accuracy and legality of data entered into the system
• Compliance: Compliance with applicable laws and regulations in your use of the Services
• Backups: Maintaining appropriate data backups (for self-hosted deployments)
• Infrastructure: Providing adequate hardware and network infrastructure (for self-hosted deployments)

Prohibited Activities

You may not:

• Reverse engineer, decompile, or disassemble the software
• Remove or modify proprietary notices or labels
• Use the Services for unlawful purposes
• Attempt to gain unauthorized access to systems or networks
• Interfere with or disrupt the Services or servers
• Resell, sublicense, or redistribute the Services without authorization
• Use the Services to transmit viruses, malware, or harmful code
• Violate any applicable laws or regulations

Intellectual Property

Our Intellectual Property

Predictiv ERP and all related software, documentation, and materials are protected by copyright, trademark, and other intellectual property laws. We retain all rights, title, and interest in the Services.

Predictiv ERP is based on Openbravo ERP, licensed under the Openbravo Public License. Our proprietary modules and customizations are protected under separate intellectual property rights.

Your Data

You retain all rights to your business data. We claim no ownership of data you enter into the system. You grant us a limited license to process and store your data solely to provide the Services.

Service Level Agreement (SLA)

Cloud-Hosted Services

For cloud-hosted deployments, we guarantee:

• Uptime: 99.9% monthly uptime (excluding scheduled maintenance)
• Support: 24/7 technical support availability
• Backups: Daily automated backups with 30-day retention
• Response Times: Critical issues within 2 hours, standard issues within 24 hours

Self-Hosted Services

For self-hosted deployments, SLA terms are defined in your support agreement. We provide software updates, technical support, and assistance but do not control infrastructure uptime.

Scheduled Maintenance

We may perform scheduled maintenance with advance notice. We will minimize disruption and schedule maintenance during off-peak hours when possible.

Data Protection and Privacy

Our collection and use of personal information is governed by our Privacy Policy. We implement appropriate security measures to protect your data as described in the Privacy Policy.

For cloud-hosted services, data is stored in Zimbabwe and South Africa. We comply with applicable data protection laws including Zimbabwe regulations and South Africa's POPIA.

Warranties and Disclaimers

Limited Warranty

We warrant that the Services will perform substantially in accordance with the documentation. If the Services do not conform to this warranty, we will use commercially reasonable efforts to correct the issue.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or completely secure. You use the Services at your own risk.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM
• WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• WE SHALL NOT BE LIABLE FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL

Some jurisdictions do not allow limitations on implied warranties or limitations of liability, so these limitations may not apply to you.

Indemnification

You agree to indemnify and hold harmless Predictiv ERP, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your data or content

Term and Termination

Term

These Terms remain in effect for the duration of your subscription, which renews automatically unless cancelled.

Termination by You

You may cancel your subscription at any time with 30 days' written notice. Cancellation is effective at the end of the current billing period. No refunds are provided for partial months.

Termination by Us

We may suspend or terminate your access if:

• You breach these Terms
• Payment is overdue by more than 30 days
• You engage in prohibited activities
• Required by law or regulation

Effect of Termination

Upon termination:

• Your access to the Services will cease
• For cloud-hosted services, we will provide 30 days for you to export your data
• For self-hosted services, you retain your data but lose access to updates and support
• Outstanding fees remain due and payable

Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting updated Terms on our website
• Email notification to account administrators
• In-app notifications

Changes become effective 30 days after notice. Continued use after the effective date constitutes acceptance. If you disagree with changes, you may terminate your subscription.

Dispute Resolution

Governing Law

These Terms are governed by the laws of Zimbabwe, without regard to conflict of law principles.

Dispute Resolution Process

In the event of a dispute:

1. Parties will first attempt to resolve disputes through good-faith negotiation
2. If negotiation fails, disputes will be submitted to mediation in Harare, Zimbabwe
3. If mediation fails, disputes will be resolved by arbitration in accordance with Zimbabwe arbitration law

Jurisdiction

You agree to the exclusive jurisdiction of the courts of Zimbabwe for any disputes that cannot be resolved through arbitration.

General Provisions

Entire Agreement

These Terms, together with your subscription agreement and Privacy Policy, constitute the entire agreement between you and Predictiv ERP regarding the Services.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.

Waiver

Our failure to enforce any right or provision is not a waiver of that right or provision.

Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Force Majeure

Neither party is liable for failure to perform due to causes beyond reasonable control, including natural disasters, war, civil unrest, government actions, or internet service disruptions.

Contact Information

For questions about these Terms, contact us: