Terms of Use

1. What the service is

Lekkus ERP is software supplied as a service, on the SaaS (Software as a Service) model. The platform runs on our infrastructure and is reached over the internet, so the contract is a subscription licence to use it, not a sale of software.

Which modules are available, what the usage limits are and which features are active depend on the plan you subscribed to, as set out in the commercial proposal you accepted.

2. Who may subscribe

Lekkus ERP is intended for companies and for professionals acting in the course of a business. It is not a consumer product.

Because this is a business to business contract, the consumer right of withdrawal does not apply. Ending a subscription is governed by section 8 of these terms.

By subscribing you confirm that you have authority to represent the subscribing entity, that the registration details are true, and that you will keep them up to date. Registering with false information entitles us to suspend access immediately.

3. Account and credentials

Every person who accesses the platform has their own credentials, which may not be transferred. Sharing a login breaks the audit trail, and the audit trail is precisely what protects your company when something has to be investigated.

• You are responsible for keeping credentials confidential and for all activity carried out with them.
• Tell us immediately about any unauthorised use you become aware of.
• Managing access profiles inside your company is your job. We provide the roles and permissions mechanism; you decide who is granted and revoked.

4. Acceptable use

In using the platform, you agree not to:

• Break the law, infringe the rights of others, or breach these terms.
• Attempt unauthorised access to accounts, data or systems, or circumvent technical and security limits.
• Reverse engineer, decompile or extract the source code of the platform.
• Resell, sublicense or give access to third parties outside your company, unless we agree in writing.
• Upload unlawful or malicious content, or personal data you have no legal basis to process.
• Use the platform in a way that undermines service stability for other customers, including abusive automation and volumes inconsistent with your plan.

Breaching these rules entitles us to suspend or terminate, depending on severity. Where there is an imminent risk to security or to availability for other customers, suspension may be immediate, and we will tell you why straight afterwards.

5. Your data stays yours

The data you enter into the platform remains yours. We do not use it for our own purposes, we do not sell it and we do not make it available to other customers.

We process it as a processor, on your documented instructions, as set out in the Privacy Policy. You are the controller of that data and you are answerable for having a legal basis to process it, including data about your own customers, suppliers and staff.

We use aggregated and anonymised data, which identifies neither you nor your company, to measure performance, size capacity and improve the product.

6. Availability, maintenance and support

We work to keep the platform continuously available, though no service on the internet is immune to failure. We may carry out scheduled maintenance, preferably at quieter times, with advance notice where impact is expected.

Emergency maintenance needed to fix a security flaw or a risk to data integrity may happen without notice. In those cases we tell you as soon as we can.

The support channel, service hours and response times are those of your plan.

7. Subscription, payment and price changes

• Amounts, billing frequency and payment method are those set out in the commercial proposal you accepted.
• Late payment entitles us to suspend access after prior notice. Your data is preserved throughout any suspension.
• Price changes are notified in advance and never apply retroactively to a period already paid for. You may end the subscription before a new price takes effect.
• Applicable taxes follow the law in force and are itemised on the invoice.

8. Term and ending the subscription

The subscription runs for as long as it is active and paid for. Either party may end the relationship, subject to what the commercial proposal provides.

Once the subscription ends, you are entitled to export your data in a commonly used format. After the export window stated in the closing notice, the data may be permanently deleted from our active systems, subject to statutory retention periods.

Ask for the export before you close the account, not afterwards. It is the step companies most often forget, and the only one that cannot be undone.

9. Intellectual property

The platform, its code, its interface, the Lekkus brand and all accompanying material are owned by us or licensed to us. The contract grants you a non exclusive, non transferable licence to use it, limited to the term of the subscription.

Suggestions and improvement ideas you send us may be implemented without giving rise to any payment obligation or joint ownership, and without affecting your right to carry on using the product as normal.

10. Artificial intelligence features

The platform offers features backed by artificial intelligence, notably the triage and analysis of support requests. They exist to speed the work up, and they have a limit that is worth stating honestly: the output of a language model is a suggestion, not a verified truth.

• Check the output before relying on it for a decision with accounting, tax or legal effect.
• No decision that significantly affects a person is taken solely by automated means. Fixes proposed by our automation go through human validation before they take effect.
• We do not use your data to train models of our own.
• Consumption of artificial intelligence resources is metered and may be charged according to your plan.

11. Limitation of liability

We are liable for direct loss demonstrably caused by our breach, capped at the amount you paid in the 12 months before the event, except where the law does not permit a cap, in particular wilful misconduct and gross negligence.

We are not liable for unavailability caused by matters outside our reasonable control, including the customer connection failing, third party attack, an infrastructure provider outage, and force majeure.

We are not liable for the content you put into the platform, nor for your company tax, employment and contractual obligations. The platform is a tool, and responsibility for complying with the law stays with whoever uses it.

12. Changes to these terms

We may change these terms to keep pace with the product or with the law. Material changes are notified by e-mail and take effect on the date stated in the notice. If you do not agree, you may end the subscription before that date.

13. Governing law and jurisdiction

These terms are governed by Brazilian law, and the courts of the district of Campinas, State of São Paulo, Brazil, have jurisdiction.

This choice does not displace the mandatory rules of the country where the customer is established, which continue to apply where the law so provides. On data protection, the GDPR and the rights it confers remain fully applicable regardless of the law chosen for the contract.

Questions about these terms: contact@lekkus.com.