1. Agreement to these terms
These Terms and Conditions govern access to and use of ESMCloud, including the website, cloud application, subscriptions, invoicing tools, services catalog, package tools, support, and related features. By creating an account, subscribing, accessing, or using ESMCloud, you agree to these terms on behalf of yourself and, if applicable, the business or organization you represent.
If you do not agree to these terms, do not use ESMCloud.
2. Business use and authority
ESMCloud is designed for business and professional use. You confirm that you have authority to create an account, choose a subscription, provide business information, and bind the business or organization you represent.
3. Accounts, users, and administrators
You are responsible for the accuracy of account information, the actions of users invited to your workspace, and the configuration of roles, permissions, locations, products, services, prices, invoices, taxes, and integrations. Keep login credentials confidential and notify us promptly of suspected unauthorized access.
4. Subscriptions, packages, and billing
Access to paid features may require an active subscription or package. Package limits may include business locations, users, products, invoices, modules, features, storage, or other usage boundaries shown at checkout, in the account, or in an order document.
- Subscription fees, billing periods, taxes, discounts, and renewal terms are shown before purchase or in the applicable order record.
- You authorize enabled payment providers to charge the selected payment method for subscriptions, renewals, upgrades, and applicable taxes.
- Unless a written policy says otherwise, fees are non-refundable once a billing period starts, except where required by law or approved by ESMCloud.
- If payment fails, expires, is reversed, or remains overdue, we may limit, suspend, or terminate access after reasonable notice where practical.
5. Customer data and responsibility
You retain ownership of data you enter into ESMCloud, including business records, customer records, supplier records, employee records, product catalogs, service catalogs, transactions, invoices, payments, documents, and reports. You grant us the rights needed to host, process, transmit, display, back up, and support that data to provide ESMCloud.
You are responsible for ensuring that your customer, supplier, staff, accounting, tax, invoice, and inventory data is accurate, lawful, and properly backed up or exported when needed for your business obligations.
6. Acceptable use
You must not use ESMCloud to:
- violate laws, regulations, third-party rights, or contractual duties;
- upload malicious code, attempt unauthorized access, disrupt the service, or bypass security controls;
- send spam, phishing, misleading, fraudulent, abusive, or unlawful communications;
- store or process sensitive information unless you have lawful authority and appropriate safeguards;
- reverse engineer, resell, sublicense, scrape, copy, or exploit the service except as permitted by these terms;
- use the service in a way that could damage ESMCloud, other users, infrastructure, or connected providers.
7. Platform features and changes
ESMCloud may add, change, improve, limit, or remove features over time. We try to maintain a reliable service, but we do not guarantee that every feature will be uninterrupted, error-free, compatible with every device, or suitable for every business process.
8. Integrations and third-party services
ESMCloud may integrate with payment gateways, email services, messaging providers, analytics tools, hosting providers, authentication services, or other third-party tools. Those services may have their own terms, privacy policies, fees, limits, and availability. We are not responsible for third-party services outside our control.
9. Taxes, invoices, and compliance settings
ESMCloud provides tools for invoices, taxes, payments, inventory, services, and reports. You are responsible for configuring these tools correctly for your business, reviewing generated documents, applying the right taxes, complying with local recordkeeping rules, and seeking professional advice where needed.
10. Support
Support may be provided through email, chat, documentation, in-app messages, or other channels we make available. Support scope and response times may depend on your package, issue type, service availability, and operational capacity.
11. Intellectual property
ESMCloud, including its software, design, brand, documentation, workflows, and underlying technology, is owned by ESMCloud or its licensors. These terms do not transfer ownership of ESMCloud intellectual property. You may use ESMCloud only as allowed by these terms and your subscription.
12. Confidentiality
Each party may receive non-public information from the other. The receiving party must use reasonable care to protect confidential information and use it only for purposes related to ESMCloud, unless disclosure is required by law or authorized by the disclosing party.
13. Privacy and data protection
Our Privacy Policy explains how personal information is handled. If ESMCloud processes personal data on behalf of a business customer, the customer is responsible for providing required notices, obtaining required permissions, and responding to requests from its own customers, suppliers, and staff unless applicable data processing terms state otherwise.
14. Suspension and termination
You may stop using ESMCloud or cancel a subscription according to the cancellation options available in your account or order process. We may suspend or terminate access if you breach these terms, fail to pay, create security risk, misuse the service, violate law, or if continued service would create legal or operational risk.
After termination, access to the account may be disabled. You are responsible for exporting data before cancellation or termination where the platform provides export tools. We may retain limited data as required for legal, security, tax, audit, backup, and dispute purposes.
15. Disclaimers
ESMCloud is provided on an "as is" and "as available" basis to the fullest extent permitted by law. We do not promise that the service will be uninterrupted, error-free, perfectly secure, or that it will meet every business, accounting, tax, legal, or operational requirement. You remain responsible for reviewing business records, invoices, tax settings, payment records, and reports before relying on them.
16. Limitation of liability
To the fullest extent permitted by law, ESMCloud will not be liable for indirect, incidental, special, consequential, punitive, exemplary, or lost-profit damages, or for loss of data, revenue, goodwill, business opportunity, or business interruption. Where liability cannot be excluded, our total liability will be limited to the amount paid by you for ESMCloud during the twelve months before the event giving rise to the claim, unless applicable law requires a different limit.
17. Indemnity
You agree to defend and hold ESMCloud harmless from claims, damages, liabilities, costs, and expenses arising from your data, your use of the service, your users, your breach of these terms, your violation of law, or your infringement of third-party rights.
18. Governing law and disputes
Unless a signed order form or mandatory law states otherwise, these terms are governed by the laws applicable to the ESMCloud entity that invoices or provides the service to you. The parties will first try to resolve disputes in good faith. If informal resolution fails, disputes will be handled by the courts or dispute process applicable to that ESMCloud entity, unless mandatory consumer or data protection law gives you other rights.
19. Changes to these terms
We may update these terms as the service, legal requirements, or business policies change. Updated terms will be posted on this page with a new effective date. Continued use after an update means you accept the revised terms. Material changes may also be communicated through email, website notice, or in-app notice.
20. Contact
Questions about these Terms and Conditions can be sent through the contact page on this website or through your ESMCloud support channel.