Terms of Service

Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of Bpa1's website, platform, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Services. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting.

Eligibility

You must be at least 18 years old to use our Services. By using the Services, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into these Terms
• You will comply with all applicable laws and regulations
• All information you provide is accurate and current
• You are not prohibited from using the Services under any applicable law

Account Registration

To access certain features of the Services, you may be required to create an account. When you create an account:

• You must provide accurate, complete, and current information
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must immediately notify us of any unauthorized use of your account
• You may not transfer or share your account with others
• We reserve the right to suspend or terminate accounts that violate these Terms

Use of Services

License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

Prohibited Activities

You agree not to:

• Use the Services for any illegal or unauthorized purpose
• Violate any applicable laws, regulations, or third-party rights
• Transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Services or servers
• Reverse engineer, decompile, or disassemble any part of the Services
• Use automated systems (bots, scrapers) without our written permission
• Impersonate any person or entity or misrepresent your affiliation
• Collect or store personal data of other users without permission
• Use the Services to compete with us or develop a competing product

Intellectual Property

Our Intellectual Property

The Services and all content, 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 Bpa1, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Your Content

You retain all rights to any content you submit, post, or display on or through the Services ("Your Content"). By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute Your Content solely for the purpose of providing and improving the Services.

You represent and warrant that you own or have the necessary rights to Your Content and that Your Content does not violate any third-party rights or applicable laws.

Payment and Billing

Fees

Access to certain features of the Services may require payment of fees. All fees are non-refundable unless otherwise stated or required by law.

Billing

You agree to provide accurate and complete billing information. You authorize us to charge your payment method for all fees incurred. We may suspend or terminate your access if payment fails.

Price Changes

We reserve the right to change our fees at any time. We will provide you with advance notice of any fee changes, and your continued use of the Services after the effective date constitutes acceptance of the new fees.

Service Level and Availability

While we strive to maintain high availability, we do not guarantee that the Services will be uninterrupted, timely, secure, or error-free. We reserve the right to:

• Modify, suspend, or discontinue any part of the Services at any time
• Perform scheduled maintenance with or without notice
• Implement upgrades and changes to improve the Services
• Limit certain features or restrict access to parts of the Services

Data and Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

You are responsible for ensuring that your use of the Services complies with all applicable data protection and privacy laws, including GDPR, CCPA, and other regulations.

Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties of non-infringement
• Warranties regarding accuracy, reliability, or availability
• Warranties that the Services will meet your requirements
• Warranties that the Services will be uninterrupted, secure, or error-free

We do not warrant that the Services will be compatible with your hardware or software, or that any errors will be corrected.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BPA1 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Indemnification

You agree to indemnify, defend, and hold harmless Bpa1, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your Content or any data you submit

Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• At our sole discretion for any reason

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Bpa1 regarding the Services.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.