Terms of Service
Last updated: September 25, 2024
Welcome to Back Office Operations!
Thank you for using our products and services (“Services”). The Services are provided by BEP Back Office SaaS Solutions, LLC under the brand name “Back Office Operations” (hereafter referred to as “Operations”), located at 307 Waverly Oaks Rd, Waltham, MA 02452, United States.
By using our Services, you are agreeing to these terms. Please read them carefully.
Using our Services
Use of services is limited to registered users associated with an active company account.
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not Operation’s such as vendor quotes or invoices. This content is the sole responsibility of the entity that makes it available. We may review data or content to re-format or make calculations to aid you in using and analyzing the content. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Your Operations Account
You need an Operations Account in order to use some of our Services. You may create your own Operations Account, or your Operations Account may be assigned to you by an administrator, such as your employer. If you are using an Operations Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account. It is the responsibility of the account administrator to activate and inactivate users.
To protect your Operations Account, keep your password confidential. You are responsible for the activity that happens on or through your Operations Account.
Privacy
Operation’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Operations can use such data in accordance with our privacy policies.
By using the product, you agree that Operations, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, in presentations, marketing materials, customer lists, financial reports and web site listings (including links to your Company Profile, Storefront and web site) for the purpose of advertising, promoting or publicizing Operation’s Services.
Data Services
Operations provides certain data services such as importing invoice or order guide data from your suppliers or entering data directly from images of your invoices. Operations will make best reasonable efforts to provide complete and accurate data based on the sources it receives. Operations is not responsible for the quality of data provided by suppliers. You acknowledge that data may become altered as it is interpreted through Operation’s data conversion process and/or transcription services and requires review and approval to ensure accuracy. You acknowledge that it is your responsibility to review this data and edit as necessary to ensure accuracy prior to relying on it for reporting or accounting purposes.
Your Content in Our Services
Some of our Services allow you (or Operations on your behalf) to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give Operations (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, aggregate with other user data and share aggregate data. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services.
Operations will not share your specific item price data identified with your name to any third parties.
Authorization to Act on Your Behalf
You hereby expressly authorize Operations to act on your behalf with your suppliers for the purposes of data collection and order submission. Operations will gather data including, but not limited to supplier items, prices, pack/size, brand, etc. However, Operations is not party to your transactions. The services are intended to facilitate business communications and sales and purchase transactions between you acting as either a Restaurant and/or Registered User acting as either a Restaurant or Supplier. Operations is only a conduit through which a Restaurant and Supplier can negotiate, submit and track orders for the purchase and sale of Supplier’s products and services. However, Operations does not represent either Restaurant or Supplier in connection with any transactions facilitated through the Site, App or Services, and Operations is not a party to any transaction between any Restaurant and Supplier. We recommend that you use your common sense business judgment and take reasonable measures to research and confirm the identity of Registered Users, Restaurants and Suppliers with whom you choose to do business through the Site and/or Services.
About Software in our Our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available.
Operations gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Operations as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Operations, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Modifying and Terminating our Our Services
You can stop using our Services at any time, although we’ll be sorry to see you go. Operations may also stop providing Services to you, or add or create new limits to our Services at any time and may, without written notice, assign our contractual relationship with you to a third party, including without limitation, the obligation to perform the Services to a successor in interest, such as a third party purchaser.
Your payment to Operations will automatically renew at the beginning of every month, unless you cancel your Subscription through your subscription page before the beginning of the next month. It is your responsibility to process the cancellation of your subscription; Operations will not refund any subscription fees already paid to us. Your cancellation will take effect on the first day of that following month, and you will be downgraded to the Free Service. For example, if you cancel your subscription in June, you will not be billed in July and your account will be downgraded to Free on July 1.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
Nothing in these Terms, or the provision of Services, is intended to be interpreted as any endorsement or recommendation by Operations of any Restaurant, Supplier, product or service. Without limiting the foregoing, Operations cannot, and does not, evaluate, control or monitor: (a) any products or services offered by Suppliers through their Storefronts, including, without limitation, the lawfulness, quality, safety, or availability of any Supplier’s products and services; (b) the creditworthiness or financial condition of any Restaurant; or (c) the ability of any Restaurant or Supplier to enter into, or complete, any transaction, or to perform its payment, warranty, support, or other obligations. We do not endorse the suppliers on the network. It is up to the restaurant to determine if, how and when they order from their suppliers.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER OPERATIONS NOR ITS AFFILIATES MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for Our Services
WHEN PERMITTED BY LAW, ORDER, AND OPERATION’S AFFILIATES, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF OPERATIONS, AND ITS AFFILIATES, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, OPERATIONS, AND ITS AFFILIATES, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business Uses of Our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Operations and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About These Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective when they are posted. Likewise, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control the terms up which the Services are provided.
These terms control the relationship between Operations and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of Delaware, U.S.A., will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Georgia, USA, and you and Operations consent to personal jurisdiction in those courts.
