Last Updated: November 30, 2022
Please read these terms and conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Application means the software program offered by the Company, online or via a mobile application downloaded by You on any electronic device, named BPM Star.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Delatech Ltd.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Application or the Website or both.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to bpmstar.com and all it's subdomains under the wildcard *.bpmstar.com accessible from https://bpmstar.com
You (also referred as "Customer") means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Organization refers to an entity created and managed by You that will be associated with a unique subscription.
(a) These Terms and Conditions governing the use of this Service are between the Company and You, either individually, or on behalf of your employer or any other entity which You represent. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service and any related website owned or operated by the Company, and the use of, and registration with the Company through the Sites, a mobile application or through any other means.
(b) In case you represent your employer or another entity, you hereby represent that (i) you have full legal authority to bind your employer or such entity (as applicable) to these Terms; and (ii) after reading and understanding these Terms, you agree to these Terms on behalf of your employer or the respective entity (as applicable), and these Terms shall bind your employer or such entity (as the case may be). PLEASE NOTE THAT YOU ARE DEEMED AS AN AUTHORIZED REPRESENTATIVE OF YOUR EMPLOYER OR AN ENTITY (AS APPLICABLE) IF YOU ARE USING YOUR EMPLOYER OR AN ENTITY’S EMAIL ADDRESS IN REGISTERING INTO THE SERVICE.
(c) If you, access and use the Sites and/or the Service, you represent and warrant that you are at least 16 years old. The Sites and/or Service are only intended for individuals aged sixteen (16) years or older. We reserve the right to request proof of age at any stage so that we can verify compliance with this paragraph.
(a) All the services provided by the Company are subject to the following Terms of Service. By using the Service in any way, you are agreeing to comply with the Terms of Service. Please read these Terms of Service carefully before using the services. Should you object to any term or condition of the Terms of Service, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Application in any way, your only recourse is to immediately discontinue the use of all Services.
(b) BY ACCESSING OR USING THE SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO COMPLY WITH, AND BE BOUND BY, THESE TERMS OR DO NOT HAVE AUTHORITY TO BIND YOUR EMPLOYER OR ANY OTHER ENTITY (AS APPLICABLE), PLEASE DO NOT ACCEPT THESE TERMS OR ACCESS OR USE THE SERVICE OR THE SITES OR THE MOBILE APPLICATION.
We reserves the right, to modify or replace the Terms of Service at any time, at our own discretion and without further notice. If the alterations constitute a material change to the Terms of Service, We will notify you by posting an announcement on the Site and/or via the Service or by sending you an email. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Service as modified. You can find the most recent version of the Terms of Service at https://bpmstar.com/legal/terms.
(a) Subject to full compliance with the Terms of Service, We offer a BPM process automation platform Service, which allows You to maintain and manage processes and information through the Service.
(b) You may maintain several subscriptions in Your name on the Service, but undertakes to be the owner of all the information included in the Service, thus exempting Us from any responsibility for the data kept by You.
(a) Some of our Services allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services.
(b) To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
(c) Under no circumstances You will have access to the source code of the Application, as it is the Company's intellectual property as described in item 7 "Intellectual Property Rights; Trademarks".
We will provide You with support to resolve general issues relating to Your account and Your use of the Service through resources and documentation that We make available on Our Website and in the Documentation. Our support is also available by contacting Us at contact us. The Company is not responsible for providing support to Customers.
(a) We will provide You the possibility of using Our Service through a monthly based subscription that will be charged per Organization created and managed in the Service. Each Organization registered in the Service corresponds to a single subscription, and You may have several different subscriptions, for each of the registered Organization.
(b) The charge will be made by subscription, on a recurring and automatic basis at the end of each period of use and consumption of the Service. You must keep payment data up to date in order to guarantee billing at the end of the period of use.
(c) The impossibility of billing the amounts due to You within a maximum period of 20 days after billing, whether due to problems with Your means of payment or for any other reason, will result in the immediate cancellation of the Service as established in item (5.4.).
(d) The price list for the services and resources charged by the Company will be the rate in effect at the time of subscription, and You may consult the price list through the Application. The price list may be readjusted according to inflation in the period, and will be effective after prior notice by email to You. We are allowed to change the price list without prior notice if this change is beneficial to You, reducing the value of the Service.
(a) If You chooses to cancel the subscription of any of the organization, it must be done through the Service. The resources consumed in the period will be billed and You must pay the corresponding amount.
(b) Cancellation of the Service, either by the Company or by You, in accordance with the criteria established in item (16.) of these TERMS OF USE may imply the removal of all Your data in the corresponding organization.
(a) We sometimes release products and features that we’re still testing and evaluating (“Beta Services”). Beta Services are labeled “alpha,” “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings) and may not be as reliable as Our’s other services. Beta Services are made available so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback.
(b) Beta Services are confidential until official launch. If you use any Beta Services, you agree not to disclose any information about those Services to anyone else without our permission.
You are solely responsible for all documents, files, and any other stuff stored on Our Service and should have the Copyright of all data.
(a) The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
(b) Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
(c) Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
(a) The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
(b) These Terms of Use permit You to use the Service for Your personal or internal business use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the materials on Our Service, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.
You may store files that are automatically cached by Your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Service for Your own personal or internal business use and not for further reproduction, publication, or distribution.
If We provide social media features with certain content, You may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from the Service.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service.
(c) You must not access or use for any non-personal or non-internal business purposes any part of the Service or any other materials available through the Service.
(d) If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of these Terms, Your right to use the Service will stop immediately and You must, at Our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Service or any content on the Service is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
(e) The Company name, the terms BPM Star, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
You may use the Service only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Service:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service, or expose them to liability.
Additionally, You agree not to:
Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service.
Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms of Use, without Our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Service.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Service.
(a) You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your login (e-mail address), allows you to access the Service. That login and password, together form your "Registration Information". By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
(b) We may assume that any communications we receive under your User Profile have been made by you. Customer will be solely responsible and liable for any losses, damages, liability and expenses incurred by Us or a third party, due to any unauthorized usage of the Account by either you or any other User or third party on your behalf.
(c) If you become aware of any unauthorized use of your Registration Information, you agree to notify Us immediately on https://bpmstar.com/contact-us.
Notwithstanding any other provision of these Terms, We may collect, use and publish Anonymous Information (defined below) relating to Your use of the Service, and disclose it for the purpose of providing, improving and publicizing our products and services, and for other business purposes. “Anonymous Information” means information which does not enable identification of an individual, such as aggregated and analytics information. We owns all Anonymous Information collected or obtained by Us.
(a) Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
(b) Our current privacy and security policy is available at https://bpmstar.com/legal/privacy (the "Privacy and Security Policy"), which is incorporated by this reference.
(a) Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
(b) The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
(c) We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
WE BEARS NO RESPONSIBILITY AND/OR LIABILITY FOR ANY LINKS OR THIRD PARTY SERVICES, INCLUDING WITHOUT LIMITATION, SUCH THIRD PARTY SERVICE’S OPERABILITY OR INTEROPERABILITY WITH OUR SERVICE, SECURITY, ACCURACY, RELIABILITY, DATA PROTECTION AND PROCESSING PRACTICES AND THE QUALITY OF ITS OFFERINGS, AS WELL AS ANY ACTS OR OMISSIONS BY THIRD PARTIES. BY ACCESSING AND/OR USING THE THIRD PARTY SERVICES, YOU ACKNOWLEDGE THAT YOUR ACCESS AND USE OF THE THIRD PARTY SERVICES ARE AT YOUR SOLE DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING SUCH THIRD PARTY SERVICE’S OPERATION AND PRACTICES AND ITS RESPECTIVE THIRD PARTY AGREEMENT, MEET YOUR NEEDS.
You agree that you will not:
Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service or any portion of Service, without the Company's express written consent, which may be withheld in the company's sole discretion;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Mozilla Firefox);
Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service; or
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service.
NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
(a) UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS SUPPLIERS, AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS), BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH THESE TERMS FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE.
(b) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE JURISDICTIONS, EACH PARTY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
(a) These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Brazil without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. Courts of competent jurisdiction located in Belo Horizonte, Brazil, shall have the sole and exclusive jurisdiction and venue over all controversies and claims arising out of, or relating to, these Terms. You and Us mutually agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Notwithstanding the foregoing, the Company reserves the right to seek injunctive relief in any court in any jurisdiction.
(b) Any dispute, claim, or controversy between you and Us arising in connection with, or relating in any way to, these Terms (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during for after the termination or expiration of these Terms) will be determined solely by mandatory binding arbitration. In arbitration there is no judge or jury and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms as a court would.
This Agreement will continue to apply until terminated by either you or the company as set out below. If you want to terminate your legal agreement with , you may do so by closing your account for the Service.
(a) We may decide to discontinue the Services in response to exceptional unforeseen circumstances, events beyond Our control (for example a natural disaster, fire, or explosion), or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your stuff from our Service (we will give you no less than 30 days’ notice where possible under the circumstances). If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven't received Services for.
(b) We may at any time, terminate its legal agreement with you:
If you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
If the Company in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
(c) We won’t provide notice or an opportunity to export Your Stuff before termination or suspension of access to the Services where:
You’re in material breach of these Terms;
Doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or;
We're prohibited from doing so by law.
If you have questions, comments, feedback regarding this Terms of Services or any other concern, You can contact us: