Terms and Conditions

Introduction

Welcome to the website and online services operated by USG Software, Inc. (“USG Software,” “we,” “our,” “us”).
These Terms and Conditions (“Terms”) govern your access to and use of our websites, applications, platforms, and services, including those offered under our brand names such as YESOS (collectively, the “Services”).

By accessing or using our Services, you agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree, please discontinue use of our Services.

1. Eligibility

- You must be at least 18 years old (or the age of majority in your jurisdiction) to use our Services.
- By using our Services, you represent and warrant that you meet these eligibility requirements.

2. Account Registration & Security

- To access certain features, you may need to register an account. You agree to provide accurate and complete information when creating an account.
- You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
- You must promptly notify us of any unauthorized access or use of your account.

3. Acceptable Use

When using our Services, you agree NOT to:
- Engage in unlawful, fraudulent, or abusive activity.
- Interfere with or disrupt the functionality or security of our systems.
- Upload or transmit viruses, malware, or harmful code.
- Use the Services to collect or distribute unauthorized personal information.
- Reverse engineer, copy, or attempt to extract source code from our platforms.
- Misrepresent your identity, business affiliation, or authorization to act on behalf of another party.

We reserve the right to suspend or terminate accounts that violate these terms.

4. Intellectual Property Rights

- All content, software, logos, trade names, designs, trademarks, and intellectual property associated with USG Software and its brands (including YESOS) are owned by or licensed to USG Software, Inc.
- You are granted a limited, non-exclusive, non-transferable license to use our Services solely for your business or personal purposes, consistent with these Terms.
- You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

5. Franchisees, Vendors, and Business Use of YESOS

- Franchisees, vendors, and business partners who access YESOS are responsible for complying with all applicable data protection, labor, and business laws.
- USG Software provides the platform but is not liable for how third parties input, use, or disclose data within the system.

6. Payment & Subscription Terms

- Certain Services may require payment (e.g., YESOS subscriptions, licenses, or support fees).
- By purchasing, you agree to pay all applicable fees, taxes, and charges in accordance with the pricing plan selected.
- Payments are due under the specified billing cycle and subject to late fees if not paid on time.
- USG Software reserves the right to update pricing with reasonable prior notice.

7. Third-Party Services & Integrations

- Our Services may integrate with third-party platforms (such as Microsoft Graph, QuickBooks, Salesforce, or other CRMs/ERPs).
- These services are governed by their own terms and policies, and USG Software is not responsible for their content, availability, or practices.

8. Warranties & Disclaimers

- Our Services are provided on an “as is” and “as available” basis.
- We make no guarantees that the Services will be error-free, secure, or uninterrupted.
- To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of Liability

- To the fullest extent permitted by law, USG Software and its affiliates, officers, employees, and contractors shall not be liable for:
  - Indirect, incidental, consequential, or punitive damages.
  - Loss of data, business interruption, or loss of profits arising from the use of our Services.
- In no event shall our total liability exceed the amount paid by you for Services in the twelve (12) months preceding the claim.

10. Indemnification

You agree to defend, indemnify, and hold harmless USG Software, its affiliates, and employees from and against any claims, damages, liabilities, costs, or expenses (including legal fees) arising out of:
- Your use of the Services.
- Violation of these Terms.
- Violation of rights of a third party.

11. Termination

- We may suspend or terminate your account and access to the Services at our sole discretion if you violate these Terms.
- Upon termination, your right to use the Services will immediately cease.

12. Governing Law & Dispute Resolution

- These Terms are governed by the laws of the State of Kansas, United States, without regard to conflict-of-law principles.
- Any disputes will be resolved through binding arbitration in Johnson County, Kansas, unless otherwise required by applicable law.
- You waive the right to participate in class actions or consolidated proceedings.

13. Changes to Terms

We may revise these Terms periodically. Updated Terms will be posted with a new “Last Updated” date. Continued use of our Services constitutes acceptance of the revised Terms.

14. Contact Information

For questions or concerns regarding these Terms, contact us:

USG Software, Inc.
Attn: Legal Department
9401 Indian Creek Pkwy, Suite 220
Overland Park, KS 66210
Email: legal@usgsoftware.com
Phone: 888-878-APFM