1. General Information

These General Terms & Conditions (“Terms”) regulate the use of the “Grade” ERP system provided by Megadev OÜ, a company registered in Estonia under registration number 16162803, with its registered office at Sepapaja 6, Tallinn, 15551, Estonia (hereinafter referred to as “the Company,” “we,” or “us”). By accessing or using the ERP system, you (“User”) agree to be bound by these Terms. If you do not agree to these Terms, you should not use the ERP system.

2. Definitions

“ERP System” refers to the “Grade” software and all associated services, including but not limited to the modules for leads, clients, HR, work, finance, payroll, recruit, and reports.

“User” refers to any individual or entity who registers for an account, uses the trial, or purchases a subscription to access the ERP system.

“Subscription” refers to the recurring payment plan for continued access to the ERP system beyond the trial period.

“Trial Period” refers to a limited, free period granted to new Users for evaluation purposes.

3. Acceptance of the Terms

By registering for, accessing, or using the ERP system, you confirm that you have read, understood, and agree to comply with these Terms. The Company may modify these Terms at any time by posting an updated version on the website. Continued use of the ERP system after any such changes constitutes acceptance of the updated Terms.

4. License to Use the ERP System

Upon payment of applicable fees or registration for a trial, the User is granted a limited, non-exclusive, non-transferable, revocable license to access and use the ERP system for internal business purposes. The User agrees not to:

• Copy, modify, or distribute any part of the system without prior written consent from the Company.
• Use the ERP system for unlawful activities or in a manner that infringes the rights of others.
• Attempt to reverse-engineer, decompile, or disassemble the ERP system or its components.

5. Registration and Account Security

When registering for the ERP system, the User must provide accurate, up-to-date, and complete information. The User is responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. The User must notify the Company immediately if any unauthorized use of their account is detected.

6. Subscription Plans and Payment Terms

The Company offers multiple subscription plans, details of which are provided on the website. Subscriptions are billed on a recurring basis (monthly, annually, or as otherwise agreed). All prices are listed in euro and are subject to applicable taxes.

Payment Methods: Payments can be made via credit card, bank transfer, or other payment methods supported by the Company.

Late Payments: If payment is not received by the due date, the Company reserves the right to suspend access to the ERP system until the payment is made.

Automatic Renewal: Subscriptions renew automatically unless cancelled by the User before the renewal date. The User will be notified of the renewal and any changes in pricing.

7. Refund Policy

The Company offers a refund period within which Users can cancel their subscription and receive a full refund. After this period, no refunds will be provided for unused portions of the subscription period unless required by law. Refund requests should be directed to info@grade.app

8. Data Security and Privacy

The Company takes data security and privacy seriously. We implement reasonable measures to protect User data from unauthorized access, loss, or misuse. However, the Company cannot guarantee the absolute security of data transmitted over the internet.

Users retain ownership of the data they input into the ERP system. By using the system, Users grant the Company a non-exclusive license to use, store, and process their data for the purposes of providing and improving the ERP system. For more details, please see our Privacy Policy.

9. Data Backups and Recovery

While the Company performs regular backups of the system, it is the User’s responsibility to maintain their own copies of data and records. The Company is not liable for any loss of data due to technical issues, user errors, or unforeseen circumstances.

10. Support and Maintenance

The Company provides technical support to Users via email. The Company reserves the right to update, modify, or discontinue any part of the ERP system at its sole discretion.

11. User Obligations

Users agree to:

• Use the ERP system in accordance with applicable laws and regulations.
• Not use the system for fraudulent or harmful activities.
• Not upload or transmit any viruses, malware, or harmful content through the system.
• Respect the intellectual property rights of the Company and third parties.

12. Intellectual Property Rights

All intellectual property rights, including but not limited to copyrights, trademarks, patents, and proprietary software, related to the ERP system are owned by the Company or its licensors. The use of the ERP system does not transfer ownership of any intellectual property rights to the User.

13. Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or business opportunities, arising from the use or inability to use the ERP system.

The Company’s total liability for any claims under these Terms shall be limited to the amount paid by the User for their subscription during the twelve months preceding the event that gave rise to the claim.

14. Termination of Services

The Company reserves the right to terminate or suspend a User’s account at any time, without notice, for violating these Terms or engaging in activities that may harm the Company, other Users, or the ERP system. Upon termination, the User’s access to the ERP system will be immediately revoked, and the Company may delete all associated data.

15. Force Majeure

The Company will not be liable for any failure to perform its obligations under these Terms if such failure results from circumstances beyond its reasonable control, including but not limited to natural disasters, war, strikes, or internet outages.

16. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Estonia. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Estonia.

17. Amendments to the Terms

The Company reserves the right to amend or update these Terms at any time. Users will be notified of any significant changes via email or system notifications. Continued use of the ERP system after such amendments will constitute acceptance of the revised Terms.

Contact Information

For any questions or concerns regarding these Terms & Conditions, please contact us at:  info@grade.app