Terms of Service

Workspace (or tenant) means an isolated environment provisioned for a Customer, typically accessed via a dedicated subdomain, containing that Customer's users, orders, customers, workflow configuration, and business data.

User means an individual authorized by Customer to access a Workspace under assigned roles (for example admin, production, or dispatch).

Customer Data means data submitted to or generated in the Service by or on behalf of Customer, including order records, customer contacts, workflow stages, files, and activity history.

Subscription Plan means the service tier selected at registration or agreed in writing (for example Starter, Professional, or Enterprise).

BIEMSI is a multi-tenant software service for production and operations teams. It helps Customers manage work from intake through dispatch, including orders, job tracking, configurable product types and workflow stages, role-based access, reporting, and integration endpoints for payments and messaging.

We may improve, modify, or discontinue features with reasonable notice where practicable. Beta or early-access features may be offered as-is and may change or be withdrawn at any time.

Self-serve registration creates a Workspace and an initial administrator account. You must provide accurate business and contact information and keep credentials confidential. You are responsible for all activity under your Workspace, including actions of Users you invite or authorize.

You must be at least 18 years old and have authority to bind the organization you register. One Workspace generally corresponds to one operating entity; do not use the Service to host unrelated third parties without our written consent.

You agree not to, and not to permit Users to:

• Violate applicable law, infringe intellectual property, or misuse personal data of employees, customers, or suppliers.
• Upload malware, probe or scan systems without authorization, or attempt to access another Customer's Workspace or underlying infrastructure.
• Reverse engineer the Service except where prohibited restrictions are not enforceable under applicable law.
• Resell, sublicense, or white-label the Service without a written partner agreement.
• Use the Service to send unsolicited bulk messages or store unlawful content.
• Interfere with Service stability (for example excessive automated requests beyond documented API limits).

We may investigate suspected violations and suspend or terminate access to protect the Service, other customers, or legal compliance.

As between the parties, you retain ownership of Customer Data. You grant us a limited license to host, process, transmit, and display Customer Data solely to provide, secure, and improve the Service and as described in our privacy materials.

Each Customer Workspace is logically separated. You are responsible for the accuracy, legality, and backup of Customer Data you enter, and for obtaining any consents required from your own customers, employees, or data subjects.

Privacy practices are described in our Privacy Policy and, where applicable, in enterprise data processing terms. Contact [email protected] for security or data-processing questions.

The Service may expose APIs or configuration for you to connect payment gateways (such as M-Pesa or card processors), SMS providers, or other systems. Those integrations are typically operated at your direction; their terms, fees, and compliance obligations are between you and the third-party provider.

We are not responsible for third-party services, downtime, or data handled outside the Service boundary, except where we expressly agree otherwise in writing.

Subscription Plans may be self-serve or quoted commercially. Fees, billing cycle, taxes, and payment method are specified at registration, in-app, or in an order form. Unless stated otherwise, fees are non-refundable except where required by law or explicitly agreed in writing.

We may change published pricing for new subscriptions with notice. Existing paid agreements continue under their order form until renewal. Failure to pay may result in suspension after reasonable notice.

Nothing on the marketing site constitutes a binding commercial offer; formal quotes, SLAs, and enterprise entitlements require written acceptance.

Support scope and response targets depend on your Subscription Plan. Unless a separate SLA applies, the Service is provided on a commercially reasonable efforts basis without guaranteed uptime. Scheduled maintenance and emergency changes may cause temporary unavailability.

For support, contact [email protected].

We and our licensors own the Service, software, documentation, branding, and all related intellectual property. These Terms do not transfer ownership to you. You may use the Service only during an active subscription and in accordance with these Terms.

You may provide feedback; we may use it without restriction and without obligation to you.

Each party may receive non-public information from the other. The receiving party will protect it with reasonable care and use it only for the business relationship, except where disclosure is required by law or to professional advisers bound by confidentiality.

Except as expressly stated in a signed agreement, the Service is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or meet every operational requirement of your business without configuration.

To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill, arising from these Terms or the Service.

Our aggregate liability for all claims arising in connection with the Service in any twelve-month period will not exceed the greater of (a) amounts paid by you to us for the Service in that period, or (b) ten thousand Kenya shillings (KES 10,000) if you use a free or evaluation tier. These limits do not apply to liability that cannot be limited under applicable law.

You will defend and indemnify us against third-party claims arising from your Customer Data, your use of the Service in violation of these Terms, or your integrations with third-party systems, except to the extent caused by our gross negligence or willful misconduct.

These Terms begin when you first accept them and continue while you use the Service. You may stop using the Service at any time; we may suspend or terminate access for material breach, non-payment, legal requirement, or prolonged inactivity, with notice where reasonable.

Upon termination, your right to access the Service ends. We may delete or retain Customer Data according to our retention practices and applicable law. You are responsible for exporting records you need before closure. Provisions that by nature should survive (including fees owed, confidentiality, disclaimers, liability limits, and governing law) will survive termination.

These Terms are governed by the laws of the Republic of Kenya, without regard to conflict-of-law rules. Courts in Nairobi, Kenya will have exclusive jurisdiction, except that either party may seek injunctive relief in any competent court to protect intellectual property or confidential information.

Before filing a claim, the parties will attempt in good faith to resolve disputes through negotiation for at least thirty (30) days after written notice.

We may update these Terms by posting a revised version with a new effective date. Material changes will be communicated through the Service, email, or the website where practicable. Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Service and close your Workspace.

• Entire agreement: These Terms, together with any order form and privacy materials incorporated by reference, are the entire agreement regarding the Service.
• Assignment: You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Severability: If a provision is unenforceable, the remainder stays in effect.
• No waiver: Failure to enforce a provision is not a waiver.
• Force majeure: Neither party is liable for delays caused by events beyond reasonable control (including network outages, acts of God, or government action).

Questions about these Terms: [email protected].

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