Terms of Service

1. Acceptance

By signing an order, accepting a proposal or using the service, you agree to these Terms on behalf of the business you represent, and you confirm that you have authority to do so. The service is offered to businesses only and is not intended for personal, family or household use.

2. Definitions

• Service: the Erynd web application and related features described on our website and in your order, including updates we make available.
• Order: the written proposal or order form accepted by you that sets out the subscription term, scope (such as sites and users) and subscription fees.
• Workspace: your instance of the Service, with its users, settings and data.
• Customer Data: the information you or your users enter into the Workspace, such as items, locations, counts and movement records.
• Users: the individuals you authorize to access the Workspace.

3. The Service

Erynd provides software for organizing storage locations, recording counts and stock movements, setting restock thresholds and producing restock lists. We grant you, for the subscription term, a non-exclusive, non-transferable right for your Users to access and use the Service for your internal business operations, within the scope stated in your Order.

We may improve, change or retire features from time to time. We will not materially reduce the core functionality of the Service during a paid subscription term without notice.

4. Orders and subscription term

Plans are arranged on request. Each Order states the subscription term, its start date and its scope. If there is a conflict between an Order and these Terms, the Order prevails for that Order only.

Unless your Order says otherwise, each subscription term renews automatically for a period equal to the initial term, unless either party gives notice of non-renewal before the end of the current term, as described in our Cancellation Policy.

5. Accounts and Users

• You are responsible for the accuracy of the information you give us and for keeping it up to date.
• Each User must have their own sign-in. Sign-in details must not be shared.
• You are responsible for your Users’ activity in the Workspace and for their compliance with these Terms.
• Tell us promptly at contact@eryndllc.com if you suspect unauthorized access to your Workspace.

6. Subscription fees

Subscription fees are as set out in your Order. Unless your Order states otherwise, fees are billed in advance for each subscription term, are stated in US dollars and exclude applicable taxes, which are added where required. Settlement of subscription fees is handled through a third-party provider; we do not store full card details. If fees are overdue, we may, after giving you written notice and a reasonable period to resolve it, suspend access to the Workspace until the account is brought up to date.

We may change the fees for a renewal term by giving you written notice before that renewal term begins.

7. Customer Data

You own your Customer Data. You grant us a limited right to host, process and display Customer Data only as needed to provide, secure and support the Service and as otherwise instructed by you. Where Customer Data includes personal data, our Data Processing Agreement applies and forms part of these Terms. Our handling of personal data as a controller is described in our Privacy Policy.

You are responsible for the lawfulness of the Customer Data you enter and for having any notices and consents that the law requires.

8. Acceptable use

You and your Users must use the Service in line with our Acceptable Use Policy.

9. Availability, maintenance and support

We work to keep the Service available and to schedule planned maintenance at times that limit disruption. The Service may occasionally be unavailable because of maintenance, failures of third-party infrastructure or events outside our control. Unless your Order includes a specific service commitment, the Service is provided without a guaranteed level of availability.

Support is provided by email at contact@eryndllc.com and by phone at +1 983 221 3630 during business hours.

10. Intellectual property

We and our licensors own the Service, including its software, design and documentation. Nothing in these Terms transfers ownership of the Service to you. You must not copy, modify, reverse engineer or create derivative works of the Service except as the law expressly allows.

If you send us suggestions or feedback, we may use them without obligation to you.

11. Confidentiality

Each party will keep the other’s non-public information confidential, use it only for the purposes of this agreement and protect it with reasonable care. This does not apply to information that is public, already known to the recipient, independently developed, or that must be disclosed by law.

12. Warranties and disclaimer

We will provide the Service with reasonable skill and care. Except as expressly stated in these Terms, the Service is provided “as is” and “as available”, and we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. Erynd is a record-keeping tool: stock decisions, ordering and physical counts remain your responsibility.

13. Limitation of liability

To the fullest extent permitted by law, neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, business or goodwill, arising out of these Terms. Each party’s total liability arising out of these Terms is limited to the subscription fees paid or payable by you for the twelve months before the event giving rise to the claim. These limits do not apply to your obligation to pay subscription fees, to breaches of confidentiality, or to liability that cannot be limited by law.

14. Indemnity

You will defend and indemnify us against third-party claims arising from Customer Data or from your or your Users’ breach of the Acceptable Use Policy. We will defend and indemnify you against third-party claims alleging that the Service, as provided by us, infringes that third party’s intellectual property rights.

15. Suspension and termination

We may suspend access if needed to prevent harm to the Service or to others, or in case of a serious breach of these Terms, and we will tell you why and restore access once the issue is resolved. Either party may terminate for material breach that is not remedied within thirty days of written notice. On termination, access ends and Customer Data is handled as described in the Cancellation Policy and the Data Processing Agreement.

16. Changes to these Terms

We may update these Terms. We will give at least thirty days’ notice of material changes by email to the account owner. Changes apply from the next renewal term unless you agree otherwise or the change is required by law.

17. Governing law and venue

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Pueblo County, Colorado.

18. General

• Neither party may assign this agreement without the other’s consent, except to a successor of its business.
• Neither party is liable for delays caused by events beyond its reasonable control.
• If any provision is unenforceable, the rest remains in effect.
• These Terms, your Order and the documents they refer to are the entire agreement between the parties.

19. Contact

Erynd LLC, 31700 Excellence Ave, Pueblo, CO 81001, USA. Email contact@eryndllc.com, phone +1 983 221 3630.