Terms of Service

1. The Cheetah Smart ERP Service

Cheetah Smart ERP is a cloud-based business management and enterprise resource planning software platform designed to help businesses manage customers, vendors, products, pricing, costs, inventory, production, orders, and related business operations. Cheetah provides access to the software on a subscription basis. Cheetah does not sell the underlying software to Customer.

2. Eligibility and Authority

You represent that you are at least 18 years old, have authority to enter into this agreement on behalf of yourself or the business you represent, and will provide accurate information. If you create an account for a company or organization, you represent that you have authority to bind that organization to these Terms.

3. Account Responsibility

Customer is responsible for maintaining the confidentiality of account credentials and for activity conducted through Customer's account. The account administrator is responsible for maintaining accurate company and user information, assigning appropriate permissions, removing users who should no longer have access, protecting credentials, reviewing information entered into the Service, maintaining accurate prices, costs, customer information, vendor information and other business data, and notifying Cheetah of suspected unauthorized access. Cheetah is not responsible for losses resulting from Customer's failure to maintain appropriate account security or permissions.

4. Customer Data

"Customer Data" means information, records, files, documents, prices, costs, customer information, vendor information, production information and other information submitted to or stored in the Service by or for Customer. Customer retains ownership of Customer Data. Cheetah does not acquire ownership of Customer Data by providing the Service. Customer grants Cheetah a limited right to host, store, process, transmit, back up, secure, support and otherwise use Customer Data as reasonably necessary to provide, maintain and improve the Service. Cheetah does not sell Customer Data.

5. Customer Responsibility for Data

Customer is solely responsible for the accuracy, legality, completeness and appropriateness of Customer Data. Customer is responsible for reviewing and verifying information entered into or generated by the Service, including prices, costs, inventory quantities, orders, production information, calculations, reports and other business records. Customer should maintain appropriate internal controls and independent records of information that is critical to its business.

6. Software and Calculations

Cheetah Smart ERP is a software tool. Although Cheetah strives to provide accurate and reliable calculations, reports, records and functionality, software may contain errors, defects, interruptions or unexpected behavior. Customer remains responsible for reviewing information and decisions made using the Service. Cheetah does not provide accounting, tax, legal, financial, engineering, manufacturing or other professional advice merely by providing the Service.

7. Subscription Plans and Fees

Customer must select a subscription plan during account setup. Cheetah Smart ERP subscription plans:

The selected plan and applicable seat charges will be displayed to Customer before the subscription is authorized. The plan price includes the stated number of users; users above the included number are additional seats billed at $25 per additional user per month. Customer authorizes Cheetah and its payment processor to charge the authorized payment method for subscription fees, additional seats, applicable taxes and other amounts properly due under these Terms.

8. Free Trial

Cheetah offers a fourteen (14) day free trial unless another trial period is expressly displayed during signup. No subscription fee is charged during the trial. A valid payment method is required to activate the trial. If Customer does not cancel before the trial ends, the account automatically converts to the selected paid subscription and the first monthly charge is made on the fifteenth (15th) day.

9. Automatic Renewal and Billing Date

The first paid charge covers one full monthly billing period. After the first charge, subscriptions automatically renew on the same calendar day of each month until canceled. If that calendar day does not exist in a particular month, the charge occurs on the last available day of that month (for example, a billing day of the 31st may bill on February 28 or 29 and April 30). Recurring charges continue until Customer cancels the subscription.

10. Adding Users

Customer may add users beyond the number included in the selected plan, subject to the functionality and limits of the Service. Each additional user beyond the included number is billed at $25 per user per month. By adding an additional user, Customer authorizes the applicable additional-seat charge. Cheetah may calculate additional-seat charges according to the billing method displayed in the Service or during the user-addition process.

11. Pricing Changes

Cheetah may change subscription prices, including plan prices and additional-seat prices, according to the pricing and notice policies published on the Cheetah website and as required by applicable law. A price change will not retroactively change amounts already paid.

12. Cancellation

Customer may cancel through the account's subscription or billing settings or another cancellation method provided by Cheetah. Cancellation prevents future renewal charges. Unless otherwise stated, access continues through the end of the current paid billing period.

13. No Refunds

Subscription payments are non-refundable except where a refund is required by applicable law or expressly authorized by Cheetah. Customer pays for the applicable monthly subscription period and is not entitled to a refund or credit for unused time during that period.

14. Failed Payments

If a payment fails, Cheetah or its payment processor may retry the payment and notify Customer. If payment remains unpaid, Cheetah may restrict or suspend access to the Service.

15. Service Availability

Cheetah will make commercially reasonable efforts to keep the Service available. However, Cheetah does not guarantee uninterrupted or error-free operation. Interruptions may result from maintenance, upgrades, technical failures, internet failures, hosting providers, third-party services, cybersecurity incidents or circumstances beyond Cheetah's reasonable control.

16. Backups and Data Loss

Cheetah maintains reasonable backup procedures and may retain backup copies for approximately thirty (30) days as part of its normal backup cycle. Backups are not a guarantee that Customer Data can never be lost, corrupted, deleted or damaged. Customer remains responsible for maintaining independent copies or exports of information that is particularly important to its business.

17. Data After Cancellation

Customer Data remains available for seven (7) days after account termination or expiration, subject to the technical availability of the account. Customer may use the data-export/download tools available in the main administrative area during this period. After seven (7) days, Cheetah may permanently delete Customer Data. Backup copies may remain temporarily until overwritten according to the normal backup cycle.

18. Intellectual Property

Cheetah and its licensors retain all rights in the Cheetah Smart ERP software, source code, architecture, interfaces, design, logos, trademarks, documentation, features, workflows and other Cheetah intellectual property. Customer receives only a limited right to use the Service during an active subscription.

19. Third-Party Services

Cheetah may use third-party providers for hosting, payment processing, email, authentication, analytics, backups, security and other services. Cheetah is not responsible for failures of third-party services outside Cheetah's reasonable control.

20. Security

Cheetah will maintain reasonable administrative, technical and organizational safeguards designed to protect Customer Data. No internet-connected system can be guaranteed to be completely secure.

21. Confidentiality

Cheetah will treat Customer Data as confidential and will not intentionally disclose it except as necessary to provide the Service, comply with law, protect the Service, enforce these Terms or as described in the Privacy Policy.

22. Prohibited Activities

Customer may not use the Service to violate law, gain unauthorized access, compromise security, upload malicious software, interfere with the Service, reverse engineer the software, resell access without authorization, or otherwise create unreasonable risk to Cheetah or other customers.

23. Suspension and Termination

Cheetah may suspend or terminate an account for nonpayment, material violation of these Terms, unlawful use, security threats or conduct that creates significant risk to Cheetah or other customers.

24. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." CHEETAH DISCLAIMS WARRANTIES NOT EXPRESSLY PROVIDED IN THESE TERMS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

25. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHEETAH AND ITS OWNERS, EMPLOYEES, CONTRACTORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL OR LOSS OF DATA ARISING FROM OR RELATED TO THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHEETAH'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY CUSTOMER TO CHEETAH DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) $100.

Nothing in these Terms excludes liability that cannot legally be excluded or limited under applicable law.

26. Indemnification

Customer agrees to defend, indemnify and hold harmless Cheetah Software Solutions, LLC, and its officers, members, employees, contractors and agents from claims, damages, liabilities, costs and expenses arising from Customer's misuse of the Service, Customer Data, violation of these Terms, violation of applicable law or infringement of another person's rights.

27. Changes to the Service

Cheetah may modify, improve, discontinue or replace features of the Service.

28. Changes to These Terms

Cheetah may update these Terms from time to time. Material changes will be communicated through reasonable means. Continued use after the effective date of updated Terms constitutes acceptance where permitted by law.

29. Governing Law

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

30. Entire Agreement

These Terms, the Privacy Policy, Subscription, Billing & Cancellation Terms, Acceptable Use & Customer Responsibility Policy, and Data Processing & Data Security Addendum constitute the agreement between Customer and Cheetah concerning the Service.