BashKPI
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BashKPI
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These Terms of Service ("Terms") govern access to and use of the BashKPI platform (the "Service"), provided by Bash Enterprises LLC, DBA BashKPI, a Texas limited liability company ("BashKPI," "we," "us"). By accessing or using the Service, the business entering into a subscription ("Client") and its authorized users agree to these Terms.
The Service is provided for business use only. Users must be employees or authorized representatives of a Client with an active subscription, and must be adults. The Service is not available for individual or consumer use.
Subscriptions run for an initial term of twelve (12) months from the date of signup and automatically renew for successive terms unless terminated in accordance with Section 3.
a. Standard termination requires sixty (60) days' written notice before the end of the then-current term. No additional charges beyond the notice period accrue once proper notice is given.
b. Termination without the required 60-day notice ("instant cancellation") is subject to an early termination charge equal to twenty-five percent (25%) of the total remaining contract value. The parties agree this charge is a reasonable estimate of the costs and losses BashKPI incurs as a result of early termination, given the difficulty of calculating those costs precisely, and is not a penalty.
c. BashKPI may terminate a Client's access for nonpayment or material breach of these Terms, subject to any cure period specified in the Client's order form or subscription agreement.
The Client retains all ownership rights in its business data, including data pulled from its connected Toast and Sage accounts. BashKPI processes this data solely to provide the Service and claims no ownership interest in it.
Users may access and use the Service only for their Client's legitimate internal business purposes. Users may not: share login credentials outside their authorized account; attempt to access another Client's data or account; reverse engineer, scrape, or resell the Service; or use the Service in any way that violates applicable law.
The Service integrates with third-party systems the Client authorizes, including Toast and Sage. BashKPI is not responsible for the availability, accuracy, or security practices of those third-party systems. The Service is hosted on Microsoft Azure.
The Service generates reports and dashboards based on data pulled from the Client's connected third-party systems (including Toast and Sage). BashKPI does not independently verify the accuracy of that source data and is not responsible for errors or omissions in it. Reports provided through the Service are informational only, are not financial, legal, tax, or accounting advice, and are not a substitute for the Client's own review and judgment. The Client is solely responsible for decisions made in reliance on the Service.
The Service is provided "as is" and "as available." BashKPI disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law. BashKPI does not warrant that the Service will be uninterrupted or error-free.
Neither party is liable for any failure or delay in performance (other than payment obligations) caused by circumstances beyond its reasonable control, including outages or failures of third-party infrastructure or services (including Azure, Toast, or Sage), natural disaster, act of government, or other event of force majeure.
The Client will defend, indemnify, and hold harmless BashKPI from any third-party claim, loss, or expense (including reasonable attorneys' fees) arising from: (a) data the Client provides or authorizes BashKPI to access, including employee or personnel data, and the Client's right to share that data; (b) the Client's use of the Service in violation of these Terms or applicable law; or (c) the Client's connected third-party accounts (including Toast and Sage).
To the maximum extent permitted by law, BashKPI's total liability arising from or related to the Service will not exceed the fees paid by the Client in the twelve (12) months preceding the claim. BashKPI is not liable for indirect, incidental, special, or consequential damages. This limitation does not apply to the Client's indemnification obligations under Section 10 or either party's breach of Section 12 (Confidentiality).
Each party will protect the other's confidential information using at least the same degree of care it uses to protect its own confidential information, and will use it only as necessary to perform under these Terms.
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Dallas County, Texas, and waive any right to a jury trial in connection with any dispute arising from these Terms.
a. Entire agreement: These Terms, together with any order form or subscription agreement, constitute the entire agreement between the parties regarding the Service and supersede any prior or contemporaneous agreements on the subject.
b. Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
c. No waiver: A party's failure to enforce any provision is not a waiver of its right to do so later.
d. Assignment: The Client may not assign these Terms without BashKPI's prior written consent. BashKPI may assign these Terms in connection with a merger, acquisition, or sale of assets.
e. Subprocessors: BashKPI may add or change subprocessors (including infrastructure and service providers) as reasonably necessary to operate the Service, provided any new subprocessor is held to data protection obligations consistent with this Agreement.
We may update these Terms from time to time. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
Questions about these Terms can be directed to info@bashkpi.com.