Terms of Use

1. Scope of Service.

  1. The Service will be available to Customer during the Subscription Term pursuant to the Order Form.
  2. BoardPAC may update the BoardPAC Software by means of corrections, bug fixes, patches, modifications, and enhancements from time to time provided such update will not materially decrease the functionality of the Service during the applicable Subscription Term.

2. System Availability.

The Service will be available to the Customer during the applicable Subscription Term at a service availability limit of 99.97%.

3. Access Rights.

BoardPAC grants the Customer a non-exclusive, non-sublicensable, non-transferable right to access and use and to grant access and use of the Service to its End Users) the BoardPAC Software and Services during the applicable Subscription Term, solely for Customer’s internal business purposes.

4. Data Security.

  1. BoardPAC will adhere to and maintain reasonable administrative, organizational, and technical safeguards designed for the protection, confidentiality, and integrity of Customer Data.
  2. The Data Security Policy of BoardPAC is available at https://BoardPAC.co/security-standards. BoardPAC reserves the right to modify the Data Security Standards from time to time provided such modification will not materially and adversely diminish the overall security of the Service during the applicable Subscription Term.

5. Affiliates of the Customer.

A Customer Affiliate may separately acquire Subscriptions and/or Professional Services pursuant to this Agreement by entering an Order Form, and in each such case, all references in this Agreement to the Customer will be deemed to refer to the applicable Affiliate for purposes of that Order Form.

6. User Limitations.

Customers will adhere to the following limitations: 

  1. The Customer shall not allow or make available to any third party except the End User/s and/or Affiliates to use the Service.
  2. The Customer shall not be entitled to rent, lease, lend, sell, redistribute or sub-license the Service.
  3. The Customer shall not reverse engineer, copy, modify, adapt, or hack the Service.
  4. The Customer shall not access the Service, or BoardPAC’s Confidential Information to develop a product or service in competition with the Service.
  5. The Customer shall not allow End User Subscriptions to be shared or used by more than one individual End User.
  6. The Customer shall not use the Service to create, use, send, store, or run viruses, bots, worms, or similar harmful material or (ii) is using the Service in a manner that BoardPAC reasonably believes may cause a security risk or a disruption to others’ use of the Service.

7. Payment Policy

  1. Customer will pay all undisputed amounts due under the applicable Order Form within thirty (30) days of invoice date. If Customer disputes any part of an invoice in good faith, Customer will pay the undisputed part and provide BoardPAC with notice and detail of the dispute no later than the invoice due date. Amounts due are payable in the currency set forth in the applicable invoice and are non-cancelable and non-refundable unless otherwise provided in this Agreement or Order Form.
  2. BoardPAC reserves the right to temporarily suspend Customer’s account in the event that Customer’s account becomes overdue and is not brought current within Fifteen (15) business days following notice.
  3. Suspension will not relieve Customer’s obligation to pay amounts due.
  4. End User Subscriptions. Unless otherwise specified in an Order Form, Subscription fees are based on annual periods (or pro rata portions of annual periods), based on the number of End Users.
  5. The Customer may add End Users to their Subscription at any time on written notice to BoardPAC (email notice acceptable). BoardPAC will invoice the Customer for such additional increments of End Users on a pro rata basis for the remaining months in Customer’s then-current Subscription Term on an annual basis so that all End User Subscription Terms are coterminous.
  6. If the Customer wishes to reduce the number of End Users in the upcoming annual period, under the applicable Subscription Customer must provide BoardPAC with written notice (email acceptable) at least thirty (30) days prior to the end of the then-current Subscription Term; and BoardPAC will reflect such reduction and/or downgrade within Customer’s billable account on the upcoming renewal of the Subscription Term.
  7. If Customer chooses to cancel its Subscription during the Subscription Term, Customer may use the Service until the end of Customer’s then-current Subscription Term, but without any right to a refund or credit for such remaining period of the Subscription Term.
  8. Taxes. Any fees charged to Customer are exclusive of taxes. Except for those taxes based on BoardPAC’s net income, Customer will be responsible for all applicable taxes in connection with this Agreement including, but not limited to, sales, use, excise, value-added, goods and services, consumption, and other similar taxes or duties. If any withholding is required by law, Customer will pay BoardPAC any additional amounts necessary to ensure that the net amount that BoardPAC receives, after any such withholding, equals the amount BoardPAC would have received if no withholding had been applied. Upon request, Customer will provide documentation showing that the withheld amounts have been paid to the relevant taxing authority. BoardPAC’s failure to charge appropriate tax due to incomplete or incorrect information provided by Customer will not relieve Customer of its obligations under this Section 4.8. If Customer is exempt from certain taxes, Customer will provide proof of such exemption to BoardPAC without undue delay upon execution of the applicable Order Form.

8. Expected Procedures and Liability

Either party may terminate this Agreement and all Order Forms: 

(a) upon thirty (30) days written notice if the other party is in material breach of this Agreement and fails to cure such breach within the notice period, or 

(b) with immediate effect if the other party ceases its business operations or becomes subject to insolvency proceedings. For avoidance of doubt, breach of data security obligations under Section 4, failure to make any payments due and owing to BoardPAC under Section 4.1, breach of confidentiality obligations and/or infringement of the intellectual property rights under Section 7 shall amount to a material breach of this Agreement.

BoardPAC will refund to Customer a prorated amount of prepaid, unused fees applicable to the remaining portion of the Subscription Term measured from the effective date of termination

More information on Privacy Policy.