Terms of Service

1. The agreement

These Terms are an agreement between Bikabo ("Bikabo", "we", "us") and the business that opens a workspace ("Customer", "you"). They apply to everyone who uses that workspace, including your team members and any of your clients you invite into it.

You accept these Terms by creating a workspace, by using the service, or by continuing to use it after we publish a change. If you are accepting on behalf of a business, you confirm you are authorised to bind that business.

Where we have signed a separate written agreement with you, that agreement takes precedence over these Terms to the extent the two conflict.

2. Eligibility

You may use Bikabo only if you are at least 18 years old, can form a binding contract, are not barred from doing so under applicable law, and are using it for business purposes. Bikabo is not intended for personal or household use, and is not directed at children.

You are responsible for ensuring that your use of Bikabo, and the data you put into it, complies with the laws that apply to your business.

3. Your workspace and its Owner

A workspace belongs to one business and has exactly one Owner. The Owner holds authority over the workspace: who has access, at what level, what plan it is on, and whether it continues to exist.

Certain actions are reserved to the Owner and cannot be delegated within the product, including inviting or removing administrators, changing the plan, transferring ownership and closing the account.

Ownership can be transferred to another member of the workspace. Once transferred, the new Owner holds that authority and the previous Owner does not. We act on the instructions of the current Owner of record.

If there is a dispute within your business about who controls a workspace, we are not able to adjudicate it. We will generally maintain the position of record until you provide us with a resolution agreed between the parties or a competent order.

4. Accounts and access

You are responsible for the accounts in your workspace: who you invite, what access you give them, and what they do with it. That includes team members, administrators, and any client you grant portal access to.

Each person must use their own credentials and keep them confidential. Credentials must not be shared between people. You must tell us promptly if you believe an account has been compromised.

You are responsible for the accuracy of what you record in the workspace, including client details, agreed values, rates and payment records. Bikabo stores and calculates from what you enter; it does not verify it.

• Access is enforced on our side on every request, against both the person and the specific record they are trying to reach.
• Removing a person ends their access immediately and preserves the record of their work.
• Client portal access is separate from a client record, and can be suspended or revoked at any time by you.

5. Plans, trials and entitlements

Bikabo is offered on plans. Each plan carries limits, such as the number of administrator and team seats and the number of clients, and a set of features that plan includes. The plan you are on determines what is available in your workspace.

New workspaces may begin with a trial period. Where a trial applies, its length is stated at signup. At the end of a trial, a workspace that has not moved to a paid plan may lose access to features and to the ability to create new records, while existing data remains readable.

We may change what is included in a plan. Where a change materially reduces what your current plan includes, we will give you reasonable notice before it takes effect for you.

Moving to a plan with lower limits restricts further growth rather than deleting existing records. If your workspace is over a limit after a downgrade, you will not be able to add more of that thing until you are back within it.

6. Fees and payment

Fees for paid plans are those stated at the time you subscribe. Unless we say otherwise, fees are stated exclusive of taxes.

Subscription payment is currently confirmed by us rather than collected automatically by a payment provider. That means a subscription becomes active, or a plan change takes effect, once we have confirmed payment.

You are responsible for any taxes, duties or charges applicable to your purchase, other than taxes on our income. Where we are required to collect tax, it will be added to the amount payable.

If payment is not received when due, we may place the subscription in a grace period and, if it remains unpaid, suspend the ability to create new records in the workspace. Existing data remains readable during suspension.

7. Your billing of your own clients

This section matters and is easy to overlook. Bikabo lets you record client agreements, raise invoices, and record payments you receive from your own clients. That is entirely separate from what you pay us.

• We do not collect, hold, process or transmit money between you and your clients.
• An invoice you raise in Bikabo is your document, addressed to your client, under your own commercial terms.
• Payments you record in Bikabo are records of money that moved elsewhere. Recording a payment does not move money.
• We are not a party to any agreement between you and your clients, and take no responsibility for it.

The financial records you keep in Bikabo are yours. It is your responsibility to ensure they meet whatever accounting, tax and record-keeping obligations apply to your business. Bikabo is not accounting software and does not replace an accountant.

8. Renewal, cancellation and termination

Subscriptions continue for the term you selected and, unless cancelled, continue for further terms of the same length.

You may cancel at any time. Cancellation takes effect at the end of the current paid period, and you retain access until then. We do not provide refunds for partial periods unless required by law or agreed by us in writing.

We may suspend or terminate access where you materially breach these Terms or the Acceptable Use Policy, where payment remains outstanding after notice, or where we are required to by law. Where circumstances allow, we will give you notice and an opportunity to resolve the issue first.

After termination, we will make your data available for a reasonable period on request so you can retrieve it, after which we may delete it. Ask us before you terminate if you need an export.

9. Your content and your data

Everything you put into your workspace remains yours. That includes your client records, engagements, tasks, files, messages and financial records. We do not claim ownership of it.

You grant us the limited permission we need to run the service: to store your content, process it, transmit it, back it up, and display it to the people you have given access to. That permission exists only to provide the service and ends when your content is deleted.

We do not use your workspace content to advertise to you, and we do not sell it.

Some records in Bikabo are deliberately append-only. Financial entries are corrected by adding linked entries rather than by editing or deleting the original, and the history of work, review decisions and assignments is preserved. This is a feature of the product and it means some data cannot be edited away, including by you.

10. Our intellectual property

Bikabo, including the software, its interfaces and its documentation, belongs to us and our licensors. These Terms grant you a limited, non-exclusive, non-transferable right to use the service for your own business during your subscription. They do not transfer any ownership.

You may not copy, modify, reverse engineer, resell or create derivative works of the service, or access it in order to build a competing product, except to the extent applicable law says you may despite this restriction.

If you send us feedback or suggestions, we may use them without obligation to you.

11. Acceptable use

Your use of Bikabo is subject to our Acceptable Use Policy, which forms part of these Terms. You are responsible for the conduct of everyone you invite into your workspace.

12. Confidentiality

Each of us may receive information from the other that is not public. Each of us will use the other’s confidential information only to perform this agreement, protect it with at least reasonable care, and not disclose it except to people who need it and are bound by similar obligations.

This does not apply to information that is public through no fault of the receiver, was already known, is independently developed, or must be disclosed by law. Where disclosure is legally required, the receiver will give notice where it is lawful to do so.

13. Third-party services

We use third parties to run the service, including a hosting provider and an email delivery provider. Those providers process data on our behalf under agreements requiring them to protect it. The current list is described in our Privacy Policy.

Where you choose to connect Bikabo to a third-party service, your use of that service is governed by its own terms, and we are not responsible for it.

14. Changes to the service

We develop Bikabo continuously and may add, change or remove features. We will not make a change that materially reduces core functionality of your current plan without reasonable notice.

Some features depend on scheduled jobs configured on the hosting environment. Where a feature is documented as requiring that configuration, it will not run automatically until it is in place.

15. Availability and disclaimers

We work to keep Bikabo available and secure, but we do not promise it will be uninterrupted or error free, and we do not currently offer a contractual uptime commitment. Maintenance, third-party failures and events outside our control can all interrupt service.

To the fullest extent permitted by law, the service is provided as is, and we disclaim implied warranties including merchantability, fitness for a particular purpose and non-infringement.

Bikabo produces figures from what you record. It is a tool for running your operation, not professional advice. Decisions you take on the basis of what it shows are yours.

16. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings, however caused.

To the fullest extent permitted by law, our total liability arising out of or related to this agreement is limited to the amounts you paid us for the service in the twelve months before the event giving rise to the claim.

Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud, or for death or personal injury caused by negligence.

17. Indemnity

You will defend and indemnify us against claims brought by a third party arising from your content, your use of the service in breach of these Terms or the Acceptable Use Policy, or your relationship with your own clients.

18. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law rules. Each party submits to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, and waives any objection to venue there.

Before starting formal proceedings, each party agrees to raise the issue in writing and to attempt in good faith to resolve it for thirty days. Nothing in this clause prevents either party from seeking urgent injunctive relief.

Disputes are resolved in court. These Terms do not require arbitration and do not waive either party’s right to a jury trial.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19. Export controls and sanctions

You may not use Bikabo, or permit anyone to use it, in violation of applicable export control or economic sanctions laws. You confirm that you are not located in, and are not owned or controlled by anyone located in, a country or region subject to comprehensive sanctions, and that you are not on any restricted-party list maintained by a relevant authority.

20. Changes to these Terms

We may update these Terms. When we do, we will change the version and the last updated date at the top of this page, and where the change is material we will give notice before it takes effect.

Continuing to use Bikabo after a change takes effect means you accept the updated Terms. If you do not accept them, you should stop using the service and may cancel.

We keep previous versions of this document so that it is possible to establish which version applied at a given time.

21. General

If any provision is found unenforceable, the rest remains in force. A failure to enforce a provision is not a waiver of it. You may not assign this agreement without our consent; we may assign it as part of a merger, acquisition or sale of assets, on notice to you.

These Terms, together with the Acceptable Use Policy and Privacy Policy, are the entire agreement between us about the service and replace earlier discussions about it.

Neither party is liable for failure to perform caused by events beyond its reasonable control.

Contact

Questions about this document can be sent to support@bikabo.com, or through the contact form.