Terms & Conditions
Welcome to ESMS — these Terms & Conditions ("Terms") explain how you may use our web application and services. Please read carefully.
Last updated: August 12, 2025 • If you have questions, contact us.
Overview
These Terms govern your access to and use of ESMS (the "Service"). By accessing or using the Service you agree to these Terms. If you do not agree, do not use the Service.
"Service" means the ESMS web application, APIs, and related services. "You" or "Client" means the person or entity registering to use the Service. "Account" means your ESMS user account.
- You must be authorized to register on behalf of your institution and accept these Terms.
- Provide accurate information when creating an Account and keep credentials secure.
- You are responsible for activity under your account (including sub-accounts you create).
- Use of the Service for illegal activities, spam, or harmful code is strictly prohibited.
Keep your password and account credentials secret. Notify us immediately of any compromise. We may suspend or terminate accounts for security or policy reasons.
Paid plans are charged according to the chosen billing cycle. Trial plans may be offered at our discretion. All fees are non-refundable unless otherwise stated in writing.
You authorize recurring billing for subscriptions until cancellation. Cancellation requests must be submitted per the Billing & Subscription page.
We grant you a limited, non-exclusive, non-transferable license to use the Service during your subscription. We retain all rights to the Service, code, and intellectual property. You retain ownership of the data you upload, subject to the license below.
Data license: By uploading data you grant ESMS a limited license to store, process, and display the data as necessary to provide the Service.
We treat your data seriously. Our Privacy Policy explains what we collect and how we use it. Key points:
- We store data necessary to operate the Service and provide support.
- We implement industry-standard technical and organizational measures to protect data.
- We will only disclose data when required by law or to provide the Service (e.g., third-party clientPaymentOrder processors).
Each party agrees to keep confidential information secure and not disclose it to third parties except as permitted. Confidential information does not include information already publicly available or independently developed.
We provide support as described in your subscription plan. Response times and SLA commitments (if any) are defined in the subscription or a separate agreement.
The Service is provided "as is" and "as available." To the maximum extent permitted by law, ESMS disclaims all warranties (express or implied) including merchantability, fitness for a particular purpose, and non-infringement.
Except where prohibited by law, ESMS's liability for damages is limited to direct damages up to the amount of fees paid by you in the 12 months preceding the claim. ESMS is not liable for indirect, incidental, special, or consequential damages.
You agree to indemnify and hold ESMS harmless from claims arising out of your breach of these Terms, violation of laws, or use of the Service in an unlawful manner.
We may suspend or terminate accounts for breach, non-clientPaymentOrder, or illegal use. On termination, your right to access the Service ends and we may delete or archive data in accordance with our Data Retention policy.
The Service may integrate with third-party services (clientPaymentOrder gateways, SMS providers, etc.). Your use of those services may be subject to their own terms and privacy policies.
We may modify these Terms. Material changes will be communicated via email or in-app notices. Continued use after notice constitutes acceptance of the revised Terms.
These Terms are governed by the laws of the jurisdiction specified in your account details (or, if not specified, the jurisdiction where ESMS has its principal place of business). Disputes should be raised promptly and we will attempt to resolve them amicably before resorting to litigation or arbitration.
These Terms, together with our Privacy Policy and any order forms, form the entire agreement between you and ESMS. If any provision is unenforceable, the remainder survives. No third-party beneficiaries are intended unless expressly stated.
Contact: For questions, please email support@bebrightsolutions.com.
This Terms & Conditions template is provided for general informational purposes. It does not constitute legal advice. Consult with counsel to adapt to your jurisdiction and business needs.
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