A Quick Summary in Plain English

This is a legal document, but we want you to understand the key points. By using ArionERP, you're agreeing to a partnership built on trust and clarity.

  • Your Data is Yours: You own all the data you put into ArionERP. We are custodians and will only use it to provide and improve the service as outlined in our Privacy Policy.
  • Our Service Commitment: We promise to provide a reliable and secure service, as detailed in our Service Level Agreement (SLA).
  • Subscription: Our services are provided on a subscription basis. You'll be billed according to the plan you select, and you can manage your subscription from your account.
  • Fair Use: We expect you to use our services legally and responsibly, respecting the rights of others.
  • Partnership: These terms are here to protect both you and us, ensuring a clear, fair, and productive relationship. If you have questions, we're here to help.

1. Acceptance of Terms

This Terms of Service agreement ("Terms") is a legally binding contract between you or the entity you represent ("Customer," "You") and Cyber Infrastructure LLC, doing business as ArionERP ("ArionERP," "We," "Us"). These Terms govern your access to and use of the ArionERP platform, including any software, services, and websites (collectively, the "Service").

By accessing, registering for, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

2. Definitions

Refers to the ArionERP Enterprise Resource Planning software-as-a-service platform, including all associated modules, features, tools, websites, and professional services (like implementation and support) provided by ArionERP.

Means all electronic data, text, information, or material that you submit, store, and process within the Service. This does not include ArionERP's system-generated data or analytics derived from service usage.

Refers to an individual (such as an employee or contractor of the Customer) who is authorized by the Customer to use the Service and has been supplied user credentials.

Means the ordering document or online order specifying the Service to be provided, including the subscription plan, number of Users, pricing, and subscription term.

3. Scope of Services

Subject to your compliance with these Terms and payment of applicable fees, ArionERP grants you a limited, non-exclusive, non-transferable, and revocable right to access and use the Service during the subscription term, solely for your internal business operations. The specific modules, features, and user limits are determined by the subscription plan selected in your Order Form.

ArionERP reserves the right to modify, enhance, or update the Service at its discretion, provided that such changes do not materially decrease the core functionality of the Service you have subscribed to.

4. User Accounts & Responsibilities

You are responsible for all activities that occur under your User accounts. You must:

  • Maintain the confidentiality of all User passwords and credentials.
  • Ensure that all information provided during registration and throughout your use of the Service is accurate and up-to-date.
  • Use all reasonable efforts to prevent unauthorized access to or use of the Service.
  • Notify ArionERP immediately of any unauthorized use of any password or account or any other known or suspected breach of security.

5. Fees, Payment, and Subscription

You agree to pay all fees specified in the applicable Order Form. All fees are non-cancelable and non-refundable, except as expressly stated in these Terms. Fees are based on the services and subscription plans purchased and not on actual usage. Payment obligations are due in advance for the subscription term, as specified in the Order Form. All fees are exclusive of any taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes.

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6. Customer Data and Intellectual Property

6.1. Customer Data

As between you and ArionERP, you exclusively own all rights, title, and interest in and to all of your Customer Data. You grant ArionERP a worldwide, limited-term license to host, copy, transmit, and display your Customer Data as necessary for us to provide the Service in accordance with these Terms.

6.2. ArionERP Intellectual Property

ArionERP owns all rights, title, and interest in and to the Service, including all related intellectual property rights. These Terms do not grant you any rights to ArionERP's trademarks, logos, or other brand features. No rights are granted to you hereunder other than as expressly set forth herein.

7. Confidentiality and Data Protection

Each party agrees to treat the other's Confidential Information with the same degree of care that it uses to protect its own confidential information of a like nature, but in no event less than reasonable care. We will maintain administrative, physical, and technical safeguards for the protection of the security, confidentiality, and integrity of your Customer Data, as described in our Security Policy. Our collection and use of personal information are governed by our Privacy Policy.

8. Acceptable Use Policy

You agree not to use the Service to:

  • Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, or otherwise objectionable.
  • Violate any applicable local, state, national, or international law.
  • Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
  • Transmit any worms, viruses, or any code of a destructive nature.
  • Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.

A breach or violation of any of these terms will result in an immediate termination of your Services.

9. Service Level Agreement (SLA)

ArionERP is committed to providing a highly available and reliable service. We guarantee a Service Uptime of 99.9% per calendar month for our cloud-hosted solutions. "Service Uptime" is the percentage of total possible minutes the Service was available. For detailed information on uptime calculation, service credits for downtime, and maintenance schedules, please refer to our full Service Level Agreement document.

10. Term and Termination

These Terms commence on the date you first accept them and continue for the subscription term specified in your Order Form. Subscriptions will automatically renew for additional periods equal to the expiring subscription term unless either party gives the other notice of non-renewal at least 30 days before the end of the relevant subscription term.

A party may terminate these Terms for cause if the other party materially breaches these Terms and fails to cure such breach within 30 days of receiving written notice. Upon termination, your right to access and use the Service will immediately cease. We will make your Customer Data available for export for a period of 30 days following termination.

11. Limitation of Liability

IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.

IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OR OTHER ECONOMIC ADVANTAGE).

12. General Provisions

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal or state courts located in Sussex County, Delaware.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

These Terms, together with any Order Forms and our Privacy Policy, constitute the entire agreement between you and ArionERP and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

13. Contact Information

If you have any questions about these Terms of Service, please contact us. For legal notices or service of process, please direct correspondence to:

Cyber Infrastructure LLC (dba ArionERP)
Attn: Legal Department
16192 Coastal Highway
Lewes, County of Sussex, Delaware 19958, USA
Email: legal@arionerp.com

Frequently Asked Questions

Upon termination or cancellation of your subscription, we will make your Customer Data available for you to export for a period of 30 days. After this 30-day period, we reserve the right to delete all Customer Data from our production systems. We recommend you export your data before your subscription ends.

You do. As stated in our terms, you retain all rights, title, and interest in and to your Customer Data. We act as a custodian for your data, processing it only to provide and maintain the ArionERP service as you've directed.

For any material changes to the Terms of Service, we will provide at least 30 days' notice. This notification may be sent to the primary email address associated with your account or through an in-app notification. We also always post the "Last Updated" date at the top of this page.

We guarantee 99.9% uptime for our cloud-hosted services, calculated on a monthly basis. This commitment is detailed in our Service Level Agreement (SLA), which also outlines procedures for service credits in the rare event we do not meet this guarantee.

Still Have Questions?

Our goal is transparency and partnership. If any part of these terms is unclear, or if you have specific questions about how they apply to your organization, please don't hesitate to reach out.

Contact Our Team