Version 2026-08-05 · Effective Aug 5, 2026

Knowledge ERP Terms of Service

Effective Date: August 5, 2026 Last Updated: August 5, 2026

1. Introduction and Acceptance

These Terms of Service ("Terms") form a binding contract between the subscribing business ("you," "your," "Customer") and Pelton Solutions LLC, a Michigan limited liability company doing business as Knowledge ERP ("Knowledge ERP," "we," "us," "our"). The Terms govern your access to and use of the Knowledge ERP website, multi-tenant software-as-a-service platform — including its inventory, sales, purchasing, manufacturing, rentals, appointments, and surveys modules, the customer portal, public booking and survey pages, the mobile companion app, the REST API, and outbound email and SMS features — and any related products or services we offer (collectively, the "Service").

The Service is offered to businesses, and these Terms are accepted at the organization level: the contracting party is the business that holds the Account, not the individual who clicks accept. By creating an Account, accessing the Service, or clicking "I agree" (or similar) when prompted, the person accepting represents and warrants that they have authority to bind the Customer, and the Customer accepts these Terms in full. If you do not agree to these Terms, do not use the Service.

We publish additional policies — including an Acceptable Use Policy, a Privacy Policy, a list of sub-processors, and a DMCA Notice procedure (Section 12). Those policies are incorporated into and form part of these Terms.

2. Definitions

For purposes of these Terms:

"Account" means the tenant account your business creates to access the Service, identified by its Subdomain.

"Authorized User" means an individual — typically your employee or contractor — whom you permit to access the Service under your Account, up to your Subscription's seat limit.

"Customer Data" means any data, text, files, images, records, or other material that you or your Authorized Users upload to, create in, import into, or transmit through the Service, including records about your End Customers and data received through Integrations, Public Forms, and the Customer Portal.

"End Customer" means any third party whose information you manage in the Service — your customers, vendors, contacts, borrowers, equipment renters, survey respondents, and appointment bookers. End Customers have no contractual relationship with Knowledge ERP.

"Integration" means an optional connection you configure between your Account and a third-party service (for example QuickBooks Online, Shopify, WooCommerce, ShipStation, Gmail, Microsoft Outlook, Twilio, or your own Stripe or Square account), or a data channel you configure such as an outbound webhook or an API token.

"Modules," "Seats," and "Locations" mean, respectively, the functional add-ons (such as Inventory, Sales, Purchasing, Manufacturing, Rentals, Appointments, and Surveys), the Authorized User capacity, and the facility/warehouse capacity included in or added to your Subscription.

"Public Forms" means the unauthenticated, publicly reachable pages of the Service you enable — public appointment booking pages, questionnaires, and survey pages — through which members of the public submit information into your Account.

"Customer Portal" means the passwordless, magic-link portal through which your End Customers can view their invoices, quotes, appointments, rentals, and loans, and submit requests to you.

"Subdomain" means the unique subdomain under our domain (for example, yourcompany. followed by our platform domain) through which your Account is accessed.

"Subscription" means a recurring paid plan — a tier plus any Modules, Seats, and other add-ons — that gives you access to the Service.

3. Eligibility

The Service is offered only to businesses and business users. Every person who accepts these Terms or uses the Service as an Authorized User must be at least 18 years old. The Service is not directed to and may not be used by minors, and it is not offered for personal, family, or household use.

The Service is offered to Customers in the United States and is not currently offered to Customers in the European Economic Area, the United Kingdom, or Switzerland. All data is processed in the United States. We may, in our sole discretion, decline to provide the Service to any person or entity, and we may suspend Accounts that we determine were created in violation of this section.

You also represent that you are not (a) located in a country that is subject to a U.S. Government embargo or that has been designated as a "terrorist supporting" country, or (b) listed on any U.S. Government list of prohibited or restricted parties.

4. Account Registration, Security, and Subdomains

4.1 Registration and Account Security

To access the Service, you must create an Account. You agree to:

• provide accurate, current, and complete information during registration and to keep that information updated;
• maintain the confidentiality of all login credentials, session tokens, mobile pairing links, and API tokens associated with your Account;
• promptly notify us of any actual or suspected unauthorized access to or use of your Account; and
• accept responsibility for all activity that occurs under your Account, whether performed by you, your Authorized Users, or anyone using credentials or tokens issued under your Account, whether or not authorized by you.

We may, but are not obligated to, monitor or investigate any Account, and we may require additional verification at any time.

4.2 Authorized Users; Policy Flow-Down

You are responsible for provisioning and deprovisioning your Authorized Users and for everything they do in the Service. You will (a) ensure that each Authorized User is at least 18 years old, (b) impose on each Authorized User obligations at least as protective as these Terms and the Acceptable Use Policy, and (c) remain liable for any act or omission of an Authorized User that would breach these Terms if it were your own. Acceptance of these Terms by any person with administrative access to your Account binds the Customer as an organization.

4.3 Subdomain Naming Rules

At registration you choose a Subdomain. You may not choose or use a Subdomain that (a) is on our reserved-name list, (b) infringes or dilutes a third party's trademark or trade name, (c) impersonates any person or organization or is deceptively similar to another Customer's name, (d) contains unlawful, hateful, or obscene terms, or (e) is chosen to squat on, warehouse, or resell the name.

4.4 Reclaiming Subdomains

Subdomains are allocated on a first-come, first-served basis among eligible names, but you acquire no ownership or other property interest in a Subdomain. We reserve the right to reclaim, reassign, or rename any Subdomain that we reasonably believe violates Section 4.3, that is the subject of a credible trademark or other legal complaint, or where reclamation is required by law or needed to operate the Service. Where practicable we will give you notice and a reasonable opportunity to choose a replacement Subdomain before a change takes effect.

5. Subscriptions, Fees, and Billing

5.1 Plans, Modules, Seats, and Locations

The Service is offered on a recurring Subscription basis. A Subscription consists of a tier — which sets your included Seat and Location limits and certain feature entitlements such as API access — plus the Modules you choose as recurring add-ons. Current plans, Modules, Seat and Location limits, and prices are described on our website or in your Account; some features carry separate, add-on, or usage-based fees disclosed at the time you select them. Adding a Module, Seats, or other add-ons mid-period is charged or prorated as disclosed at the time of the change.

5.2 Payment Processor

Payments are processed by Stripe. When you provide payment details, those details are collected and stored by Stripe under its own terms and security (PCI) standards. Knowledge ERP does not receive or store your full card number; we retain only limited billing metadata (such as card brand and last four digits) and Stripe identifiers needed to manage your Subscription. You authorize Knowledge ERP and Stripe to charge the payment method on file for all applicable fees, including recurring Subscription fees, Module and Seat add-on fees, usage-based fees, taxes, and any other charges you incur. All fees are in U.S. dollars unless otherwise stated and are exclusive of applicable taxes, which you are responsible for paying.

If a charge fails, we may retry the charge, suspend or downgrade the Service, and/or terminate your Account in accordance with Section 17 (Suspension and Termination).

5.3 Auto-Renewal

Subscriptions renew automatically at the end of each billing period at the then-current price for your plan and add-ons, unless you cancel before the renewal date. Before you subscribe, we disclose the automatic-renewal terms (what renews, the recurring price, and the billing interval), obtain your consent to them, and send you a confirmation that restates these terms and how to cancel.

You can cancel auto-renewal at any time from your Account settings or the billing portal, using the same online method you used to sign up — no phone call or email is required. Cancellation takes effect at the end of the current paid period; you keep access until then, and no further charges are made after you cancel. See Section 5.6 regarding refunds and Section 17.3 regarding data export after your Subscription ends.

5.4 Price Changes

We may change Subscription prices from time to time. For any increase to your recurring renewal price, we will give you clear and conspicuous advance notice — no less than seven (7) and no more than thirty (30) days before the change takes effect — including how to cancel (by email and/or in-product notice). Your continued use of the Service after the effective date of the price change constitutes acceptance of the new price. If you do not agree, you may cancel before the change takes effect.

5.5 Free Trials

We may offer a free trial, started through Stripe Checkout. A payment method is collected when the trial starts, and the first charge occurs automatically at the end of the trial period unless you cancel before the trial ends; the trial length, the plan that begins at trial end, and its price are disclosed at checkout. If you cancel before the trial ends, you are not billed.

Trials are offered at our discretion. We may deny, shorten, or end a trial at any time, and we may decline to offer a further trial to a business or individual that has already had one — including where we reasonably believe trials are being obtained by creating duplicate Accounts or using multiple email addresses. We are under no obligation to offer any trial.

5.6 Refunds

Except where required by applicable law, all fees are non-refundable. We do not provide refunds or credits for partial Subscription periods, unused Seats or Modules, downgrades, unused usage allowances, or periods during which your Account was suspended for a breach of these Terms.

5.7 Disputed Charges

If you believe a charge is incorrect, you must contact us within sixty (60) days of the charge. We will work in good faith to resolve any errors. You agree not to initiate a chargeback or payment dispute without first contacting us to attempt resolution.

5.8 Lapsed Subscriptions and Reactivation

Access to the Service requires an active Subscription (or active trial). If your Subscription lapses — through cancellation, expiration, or failed payment — your Authorized Users' access to the application is suspended and your Account enters a reactivation state, from which you may reactivate the Subscription or export your Customer Data as described in Section 17.3. A lapsed Account that is not reactivated is treated as terminated at the end of the export grace period.

6. The Service and License

6.1 License

Subject to your compliance with these Terms and payment of applicable fees, Knowledge ERP grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your active Subscription, solely for your internal business purposes and only through the interfaces we provide (the web application, mobile app, and documented API). You may permit access only to your Authorized Users, up to your Seat limit, and to your End Customers through the Customer Portal and Public Forms as the Service is designed to allow.

6.2 Multi-Tenant Platform

The Service is a multi-tenant platform. Your Customer Data is logically separated per tenant within shared infrastructure — every query is constrained to your Account by application-level scoping — but is not stored in a physically separate database. You are responsible for configuring roles, permissions, per-location access, and spend limits for your Authorized Users; we are not responsible for the consequences of access you grant.

6.3 No Guaranteed Backups; Your Exports

We may, but are not required to, maintain backups of Customer Data, and backups are maintained for our disaster-recovery purposes, not as an archive for you. You are responsible for maintaining your own exports of Customer Data important to your business; the Service provides CSV export from data tables for this purpose. We do not warrant that any particular record, attachment, or backup will be preserved or recoverable.

6.4 Service Availability

We strive to keep the Service available 24/7 but do not guarantee uninterrupted operation. The Service may be unavailable from time to time due to scheduled maintenance, emergency maintenance, third-party service disruptions (including our infrastructure providers and Integration providers), force majeure events, or other causes. Unless we expressly offer a service-level agreement in writing, you are not entitled to credits or refunds for downtime.

6.5 Modifications

We may add, remove, or change features of the Service at any time, including Modules, Integrations, and API endpoints. We will make reasonable efforts to give advance notice of material changes that we believe would adversely affect existing Customers.

7. Integrations, API, and Webhooks

This Section 7 governs the Integrations, API, and webhook features of the Service. Please read it carefully — every Integration is optional and tenant-directed: you choose to connect it, you supply the credentials, and you are responsible for the destination and for the third party's terms.

7.1 Tenant-Directed Connections

Each Integration is connected by you, per Account, and can be disconnected by you at any time. When you connect an Integration, you are directing us to exchange your Customer Data with a third-party service of your own choosing. Integration providers are not our sub-processors; they are recipients you have selected, they act under their own terms and privacy policies, and your relationship with each of them is directly between you and that provider. We do not control, and are not responsible for, what an Integration provider does with data once it is delivered.

7.2 Available Integrations

The Integrations currently offered include, without limitation:

• QuickBooks Online — two-way sync of customers, vendors, invoices, bills, payments, and inventory adjustments;
• Shopify and WooCommerce — two-way sync of products, inventory levels, orders (including buyer names and addresses), and fulfillments;
• ShipStation — order push and shipping/tracking pull, including shipping addresses;
• Gmail and Microsoft Outlook — read-only mailbox sync (Section 7.4);
• Twilio — SMS sent from automation rules through your own Twilio account (Sections 7.5 and 10);
• Stripe and Square (your own accounts) — collecting payments from your End Customers (Section 7.6);
• Outbound webhooks — event payloads POSTed to URLs you nominate (Section 7.7); and
• REST API — token-authenticated programmatic access (Section 7.8).

The set of available Integrations, and the data each exchanges, may change over time as described in Section 6.5 and in our Privacy Policy.

7.3 Credentials You Supply

When you connect an Integration you supply, or authorize the issuance of, credentials — OAuth grants, API keys, tokens, and secrets. You represent and warrant that you are authorized to use those credentials and to connect the account they belong to, and you authorize us to use them to act on your behalf within the scopes you grant. You are responsible for keeping Integration credentials valid and for revoking them (in the Service and at the provider) when appropriate. We protect stored Integration credentials with encryption in transit, encryption at rest at the infrastructure layer, and strict access controls.

7.4 Mailbox Sync (Gmail and Outlook)

The mailbox-sync Integration reads the connected user's mailbox on a recurring basis and files matched correspondence — including subject lines, participants, and full message bodies — onto the corresponding customer records in your Account, where it is visible to Authorized Users with the relevant permissions. By connecting a mailbox you represent and warrant that (a) the mailbox owner has authorized the connection, (b) storing and sharing that correspondence within your Account complies with applicable law and with your obligations to the people in the correspondence, and (c) your use complies with Google's and Microsoft's applicable terms. Our handling of Google user data complies with the Google API Services User Data Policy, including its Limited Use requirements, as described in our Privacy Policy. Disconnecting a mailbox stops future syncing; previously filed messages remain in your Account as Customer Data until you delete them.

7.5 SMS via Your Twilio Account

SMS features operate exclusively through your own Twilio account and phone numbers, using credentials you supply. Message content and recipient numbers are transmitted to Twilio on your instruction. You are responsible for your Twilio account, its fees, and its terms, and for the consent and content rules in Section 10.

7.6 Your Own Payment Processing (Stripe / Square)

Separately from our billing of you (Section 5), you may connect your own Stripe or Square account to collect payments from your End Customers. Those funds flow directly between you and your End Customers through your processor; Knowledge ERP is not in the funds flow, is not a payment processor, money transmitter, or merchant of record for your sales, and never holds your End Customers' card data — we record only payment metadata (amount, method, date, status). Your payment processing relationship is governed by your agreement with Stripe or Square, and you are responsible for its compliance obligations, fees, chargebacks, and disputes.

7.7 Outbound Webhooks

You may configure webhooks that POST record events and payloads — which may include personal information of your End Customers — to any URL you nominate, signed with a shared secret. You are solely responsible for the destination: for verifying that the URL is correct and controlled by an appropriate party, for the security of the receiving system, for the shared secret, and for the lawfulness of the disclosure. A webhook to a wrong or compromised URL is a disclosure you directed, not a security incident on our part. We may suspend a webhook endpoint that repeatedly fails, that appears malicious, or that creates operational risk.

7.8 REST API and API Tokens

Your Subscription tier determines whether API access is available and at what rate limits. API tokens carry the permissions you assign; anything done with a token issued under your Account is attributed to your Account, and API writes are recorded in your Account's change history attributed to the token. You may not circumvent rate limits, module gates, or authentication, use the API to build a competing service, or provide API access to third parties except as the Service is designed to allow.

7.9 Third-Party Terms and Changes

Each Integration depends on the third party's APIs, terms, and continued cooperation. Providers may change or revoke API access, alter scopes, or suspend your account with them at any time, and we may modify or discontinue an Integration in response. We are not liable for the acts, omissions, outages, data handling, or account decisions of any Integration provider, or for data loss or sync errors caused by changes on the provider's side.

8. Customer Data

8.1 Ownership

As between you and Knowledge ERP, you own your Customer Data. These Terms do not transfer any ownership of Customer Data to Knowledge ERP.

8.2 License to Knowledge ERP

You grant Knowledge ERP a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process your Customer Data solely as necessary to operate, provide, secure, and support the Service for you — including storing and indexing records, generating documents and reports you request, sending communications you trigger or configure, executing Integrations and webhooks you direct, making backups, and providing support when you ask for it. The license terminates when the Customer Data is deleted from the Service or your Account is terminated, except to the extent retention is required by law or reasonably needed for backup-retention cycles.

8.3 Your Responsibility for Customer Data

You represent and warrant that:

• you own or have all necessary rights and lawful bases to collect, upload, and process the Customer Data in the Service, including personal information about your Authorized Users and End Customers;
• your Customer Data, and your use of it through the Service, does not violate any law or third-party right (including intellectual property, privacy, and publicity rights); and
• your Customer Data does not contain malware or other harmful code.

The Service is a general-purpose business platform, not a repository for regulated data. As our Acceptable Use Policy details, you may not store protected health information (we do not sign Business Associate Agreements and the Service is not HIPAA-eligible), payment card numbers, government identifiers, or other special-category data in free-text fields, notes, custom fields, or attachments. We do not pre-screen Customer Data, but we may remove or disable access to any Customer Data that we believe in good faith violates these Terms or applicable law.

8.4 Change History and Audit Trail

The Service records a change history: edits to records are logged with before-and-after values and the acting user or API token. While your Account is active, correcting or deleting a record does not scrub the prior values from your Account's audit trail; those entries are retained for integrity, security, and fraud-prevention purposes and remain visible to your appropriately permissioned Authorized Users. The audit trail is part of your Customer Data and is deleted along with your Account under Section 17.3.

8.5 Removal, Preservation, and Reporting of Unlawful or Infringing Content

Customer Data is hosted on infrastructure that Knowledge ERP operates (including storage within Knowledge ERP's own cloud accounts). To protect Knowledge ERP, our other Customers, and the public, you agree to the following.

• No obligation to monitor; right to act. Knowledge ERP has no obligation to monitor Customer Data, but we have the right to review it and to remove, disable access to, suspend, or delete any Customer Data, Public Form, Customer Portal, or Account that we reasonably believe is unlawful, infringing, or in violation of these Terms or our Acceptable Use Policy — at any time, with or without prior notice, and at our sole discretion.
• Copyright (DMCA). Claims that Customer Data infringes a copyright are handled under the notice-and-takedown and counter-notice procedures in Section 12. We may remove or disable allegedly infringing Customer Data on receipt of a valid notice, and we terminate the Accounts of repeat infringers.
• Other intellectual-property and legal claims. For trademark, publicity, defamation, privacy, or other legal complaints, we may remove or disable the content while we evaluate the complaint, and we may require the complaining party and the Customer to resolve the dispute between themselves.
• Child sexual abuse material (CSAM). We have zero tolerance for content that sexually exploits or endangers minors. We will remove such content, terminate the responsible Account, preserve the material and related records, and report to the National Center for Missing & Exploited Children (NCMEC) and/or law enforcement as required by law (including 18 U.S.C. § 2258A).
• Preservation and disclosure to authorities. We may preserve Customer Data and Account records and disclose them to law enforcement, regulators, a court, or other authorities where we believe in good faith that doing so is required by law or necessary to investigate or prevent unlawful activity, fraud, or harm.
• No liability for removal. We are not liable to you for removing, disabling, preserving, reporting, or refusing to restore any Customer Data under this Section, and doing so does not entitle you to any refund or credit. You remain responsible for keeping your own exports (Section 6.3).
• Status as host. As between you and Knowledge ERP, you are the provider of your Customer Data, and Knowledge ERP acts as a neutral hosting provider. Nothing in these Terms makes Knowledge ERP the author or publisher of Customer Data, and you are solely responsible for it (Sections 8.3 and 20). To the extent applicable, Knowledge ERP relies on the protections available to interactive computer service providers, including under 47 U.S.C. § 230 and the safe harbors of 17 U.S.C. § 512.

8.6 Our Access to Your Customer Data

Your approval is required. Except as described in this Section, Knowledge ERP personnel cannot view the Customer Data in your Account through our administrative interface unless one of your Authorized Users approves it. A staff member must request access and state a reason; we notify the Authorized Users who hold account-administration permission in your Account, by email and in-product; and the Authorized User who approves the request chooses how long the access lasts. An approval is limited to the individual staff member who requested it, to your Account, and to the period chosen, and it expires automatically. You may revoke an approval at any time. While staff access to your Account is active, your Authorized Users can see that it is active within the Service.

What we can see without your approval. Without an approval we can see Account-level and subscription information — your plan, billing and subscription status, seat and storage usage, and the delivery status of email the Service sends on your behalf — which we need in order to operate, support, and bill for the Service. We cannot use the administrative interface to view your business records, including your inventory, your End Customers, your orders, your invoices, or your costs.

Emergency access. If your Account is inoperable or the Service is materially impaired, and the Authorized Users who could approve a request are unreachable or unable to respond, a senior Knowledge ERP engineer may take access without prior approval for the purpose of diagnosing and restoring the Service. Where this happens: we notify your account administrators by email at the time it occurs, stating the reason; the session is recorded and permanently identified as emergency access in the record available to you in the Service; it is limited in duration; and you may revoke it at any time. We use emergency access only where reasonably necessary to restore or secure the Service, and not as a substitute for requesting your approval.

What this Section does not cover. This Section governs staff access to Customer Data through the Service's administrative interface. It does not limit (a) our rights and obligations under Section 8.5 (unlawful or infringing content, preservation, and disclosure to authorities) or Section 17 (suspension and termination); (b) automated processing performed by the Service itself; or (c) access by personnel who administer the underlying infrastructure on which the Service runs, in the course of operating, securing, and backing up that infrastructure. Access described in (c) remains subject to the least-access and confidentiality commitments in our Privacy Policy and our DPA.

9. Acceptable Use

You agree not to use the Service, and to ensure that your Authorized Users do not use the Service, to:

• violate any applicable law or regulation;
• infringe the intellectual property, privacy, publicity, or other rights of others;
• transmit malware, spyware, viruses, worms, or other harmful code;
• send unsolicited bulk email, "spam," unsolicited text messages, or other communications in violation of the CAN-SPAM Act, the Telephone Consumer Protection Act ("TCPA"), or other applicable communications laws (see Section 10);
• store regulated or special-category data the Service is not designed for, including protected health information and payment card numbers (Section 8.3);
• engage in phishing, pretexting, identity theft, or financial fraud;
• harass, threaten, defame, or stalk any person;
• distribute content that sexually exploits or endangers minors;
• engage in any activity that interferes with or disrupts the Service, including denial-of-service attacks, port scanning, or attempts to gain unauthorized access to systems, other tenants' data, or accounts;
• circumvent or attempt to circumvent any access, rate, seat, module, or usage limits of the Service, including tenant-isolation controls;
• resell, sublicense, or repackage the Service to third parties without our written permission, except that you may serve your own End Customers through the Customer Portal and Public Forms as ordinary use of the Service permits; or
• use the Service in any way that creates risk of harm, loss, or liability to Knowledge ERP, our vendors, our other Customers, or the public.

These rules are supplemented by our Acceptable Use Policy, which is incorporated by reference into these Terms. You are responsible for imposing the Acceptable Use Policy on your Authorized Users as described in Section 4.2.

10. Outbound Email and SMS

The Service sends email and SMS on your behalf and at your direction — invoices, quotes, appointment confirmations, portal links, reminders, survey invitations, scheduled reports, and messages triggered by your automation rules. The following rules apply to all communications sent through the Service.

• You are the sender of record. Messages the Service sends for you are branded with your company name and content and are sent because you configured or triggered them. As between you and Knowledge ERP, you are the sender of record for every such message; we provide sending infrastructure only.
• Consent and compliance — email. You are solely responsible for ensuring that every email sent through the Service complies with applicable law, including the CAN-SPAM Act. You represent and warrant that you have the necessary consent or other lawful basis to email each recipient, and that your messages include accurate header and "From" information, a valid physical postal address where required, and a functioning unsubscribe mechanism where required.
• Consent and compliance — SMS. SMS is sent through your own Twilio account (Section 7.5). You are solely responsible for obtaining and maintaining TCPA-compliant prior express consent (including prior express written consent where required for marketing messages) from every recipient, for honoring opt-outs, and for complying with carrier and messaging-industry rules. The Service does not capture SMS consent or process opt-out keywords for you; you must manage consent and opt-outs in your own systems and your Twilio configuration before triggering SMS through automation rules.
• No prohibited sending. You may not use the Service's communication features to send unsolicited bulk messages, deceptive messages, or content that violates Section 9 or the Acceptable Use Policy.
• Deliverability monitoring and automatic enforcement. To protect the deliverability and reputation of the platform and our other Customers, Knowledge ERP monitors per-Account bounce rates, spam complaints, and other deliverability signals, and the platform automatically throttles, pauses, suspends, or disables an Account's outbound email when bounce or complaint thresholds are exceeded — with or without prior notice. We may also take these actions manually where your sending otherwise threatens platform deliverability, and we may add affected recipient addresses to a suppression list. We expressly reserve the right to keep sending suspended until the underlying cause is remediated.
• Suppression list. We maintain a global suppression list of addresses that have bounced or complained. We may decline to deliver messages to suppressed addresses to protect deliverability.
• No delivery guarantee. We do not warrant that any email or SMS sent through the Service will be delivered, or delivered within any particular time.

11. Customer Portal and Public Forms

11.1 Customer Portal

The Service includes a Customer Portal your End Customers reach through single-use, expiring magic links — no passwords are created. You control whether and how you distribute portal access. You are responsible for the accuracy of the records your End Customers see there and for responding to the requests they submit through it. Magic links grant access to the associated End Customer's records; you are responsible for sending portal links only to appropriate recipients.

11.2 Public Forms

Public booking pages, questionnaires, and surveys are public-facing surfaces that collect information — names, email addresses, phone numbers, free-text answers, and any custom fields you add — from members of the public directly into your Account. You are the party collecting this information; the people submitting it are your End Customers or prospects, not ours. You are responsible for the lawfulness of that collection, including providing any privacy notice and obtaining any consent required by law, for the questions you choose to ask (do not ask for data prohibited by Section 8.3 or the Acceptable Use Policy), and for how you use what is submitted. Survey invitations record open and response timestamps; disclosure of that tracking to your recipients is your responsibility, and ours is described in our Privacy Policy.

11.3 Electronic Signatures

Certain features (such as equipment checkouts) capture electronic signatures from your Authorized Users or End Customers and store them with the record. You are responsible for the legal sufficiency and enforceability of any signature you collect through the Service for your own agreements, and for any notices or consents (for example, ESIGN/UETA consent to transact electronically) required from your signers. Knowledge ERP is not a party to, and makes no warranty about the enforceability of, agreements between you and your End Customers.

12. Copyright Complaints (DMCA)

Knowledge ERP responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act ("DMCA"). If you believe content hosted on the Service infringes your copyright, please send a written DMCA notice to our designated agent containing the information required by 17 U.S.C. § 512(c)(3).

Designated DMCA Agent:

• Name: Pelton Solutions LLC, Attn: DMCA Agent
• Email: legal@peltonsolutions.com
• Mailing address: 101 Rainbow Drive PMB 1624, Livingston, TX 77399
• U.S. Copyright Office Designated Agent Registration No.: DMCA-1074343

Our designated agent is also on file with the U.S. Copyright Office's DMCA Designated Agent Directory.

We will process valid notices, may remove or disable access to the allegedly infringing content, and will follow the counter-notice procedures in 17 U.S.C. § 512(g). Repeat infringers' Accounts may be terminated.

13. Intellectual Property of Knowledge ERP

The Service, the Knowledge ERP and Pelton Solutions names and logos, our website, our software, our documentation, and the design, structure, organization, and underlying source code of the Service (excluding Customer Data) are owned by Knowledge ERP or our licensors and are protected by copyright, trademark, and other laws. Except for the limited license granted in Section 6.1, no rights are granted to you in or to such intellectual property.

You may not (a) reverse engineer, decompile, or attempt to derive source code from the Service, except to the extent applicable law expressly permits, (b) remove or alter any proprietary notices, or (c) use the Knowledge ERP or Pelton Solutions marks or branding without our written permission.

If you provide feedback or suggestions about the Service, we may use them without restriction or obligation to you.

14. Privacy and Data Processing

Our Privacy Policy describes how we collect, use, and share information about you and your use of the Service, and is incorporated by reference into these Terms. By using the Service, you acknowledge the practices described there.

Controller and processor roles. For Account, Authorized User, and billing data — the information we need to run our own business relationship with you — Knowledge ERP acts as a controller. For the business-record data you put into the Service about your End Customers — customers, vendors, contacts, borrowers, survey respondents, appointment bookers, and the correspondence and transactions relating to them — you are the controller (or the "business" under applicable state privacy law) and Knowledge ERP acts as your processor / service provider, handling that data on your documented instructions solely to provide the Service. You are responsible for providing any privacy notice to, and obtaining any consent from, your End Customers, and for the lawfulness of the data you collect through the Service, including through Integrations, Public Forms, and the Customer Portal.

Data Processing Addendum. Knowledge ERP offers a Data Processing Addendum ("DPA") governing our processing of End Customer data on your behalf, and maintains a public list of sub-processors. The DPA is incorporated into and forms part of these Terms when you use the Service to process personal information of your End Customers, and may also be executed as a standalone document on request.

Data location. The Service is hosted in the United States, and all Customer Data is processed in the United States.

15. AI-Assisted Features

We may in the future offer optional AI-assisted features (for example, suggestions, summaries, or assistant-driven access to your data). If and when we do: (a) such features will be optional and identified as AI-assisted; (b) when you use them, the relevant Customer Data may be processed by the feature's model provider acting as a sub-processor, which will be disclosed on our sub-processor list before the feature is offered; and (c) AI-generated output may be inaccurate, incomplete, or unsuitable for your purpose — you are responsible for reviewing it before relying or acting on it. No current feature of the Service sends Customer Data to an AI model provider.

16. Third-Party Services

The Service relies on third-party providers, including Amazon Web Services (hosting, storage, content delivery, and outbound email infrastructure), Stripe (our subscription billing), and error-monitoring and source-control providers. Your use of certain third-party services may be subject to their own terms. Integrations you connect under Section 7 are governed by that Section and by the third party's own terms. We are not responsible for the acts or omissions of third-party providers, and the availability of the Service may depend on those providers. Our current sub-processors are identified in our published sub-processor list.

17. Suspension and Termination

17.1 By You

You may cancel your Subscription at any time from your Account settings or the billing portal. Cancellation takes effect at the end of the current paid period. Section 17.3 governs data export and deletion after cancellation.

17.2 By Knowledge ERP

We may suspend or terminate your Account or any part of the Service (including a specific feature, Integration, webhook, or your outbound email as described in Section 10) at any time if:

• you fail to pay any amount when due;
• you materially breach these Terms or any incorporated policy;
• we are required to do so by law, court order, or regulatory requirement;
• we reasonably believe your use of the Service creates a security, legal, deliverability, or operational risk to Knowledge ERP, our other Customers, or third parties; or
• we discontinue the Service.

We will generally provide advance notice and an opportunity to cure where reasonably practicable, but we may suspend or terminate without prior notice in cases of urgency (e.g., active abuse, malware distribution, email deliverability threats, unlawful content, or payment fraud).

17.3 Effect of Termination

Upon cancellation, lapse, or termination of your Account:

• your Authorized Users' right to access and use the Service ends, and your Customer Portal, Public Forms, webhooks, scheduled sends, and Integrations stop operating;
• you will have a grace period of approximately thirty (30) days during which you may log in to a limited billing/export area to export your Customer Data, unless we are legally required to act sooner or the termination is for serious abuse;
• after the grace period, we will permanently delete your Account and Customer Data (including the change history and audit trail) from active systems, and residual copies in routine backups will age out on their normal rotation cycle, except where law or a litigation hold requires longer retention (for example, billing and tax records are retained as required by law);
• accrued payment obligations survive; and
• Sections that by their nature should survive (including without limitation Sections 5.6, 5.7, 7.1, 7.6, 7.7, 8.1–8.5, 10, 13, 17.3, 18, 19, 20, 21, 22, and 24) survive termination.

18. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, KNOWLEDGE ERP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF MALICIOUS CODE, THAT ANY PARTICULAR CUSTOMER DATA, RECORD, OR BACKUP WILL BE PRESERVED, THAT ANY EMAIL OR SMS SENT THROUGH THE SERVICE WILL BE DELIVERED, OR THAT ANY INTEGRATION WILL REMAIN AVAILABLE, SYNCHRONIZE ACCURATELY, OR CONTINUE TO BE SUPPORTED BY ITS PROVIDER.

THE SERVICE PROVIDES BUSINESS RECORD-KEEPING, REPORTING, FORECASTING, AND AUTOMATION TOOLS; IT DOES NOT PROVIDE LEGAL, TAX, OR ACCOUNTING ADVICE, AND YOU ARE RESPONSIBLE FOR THE ACCURACY OF YOUR RECORDS AND YOUR COMPLIANCE OBLIGATIONS.

SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF CERTAIN WARRANTIES, SO PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL KNOWLEDGE ERP (INCLUDING ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS) BE LIABLE TO YOU FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, OR LOST GOODWILL;
• LOSS OR CORRUPTION OF DATA; OR
• LIABILITY ARISING FROM YOUR COMMUNICATIONS TO, AGREEMENTS WITH, OR COLLECTION OF DATA FROM YOUR END CUSTOMERS, REGARDLESS OF CAUSE,

EVEN IF KNOWLEDGE ERP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER LEGAL THEORY, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID TO KNOWLEDGE ERP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU.

20. Indemnification

You agree to defend, indemnify, and hold harmless Knowledge ERP and its members, officers, employees, agents, and licensors from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• your Customer Data, including data you collect through Public Forms, the Customer Portal, or Integrations;
• your use of the Service, including email or SMS you send or trigger through it and any claim under the CAN-SPAM Act, the TCPA, or similar communications laws;
• your webhooks and Integrations, including any claim arising from a destination you nominated or credentials you supplied;
• your agreements and dealings with your End Customers, including rental, loan, and sales transactions documented through the Service;
• your violation of these Terms; or
• your violation of any law or third-party right.

We may, at our option, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate.

21. Dispute Resolution; Arbitration; Class Action Waiver

21.1 Informal Resolution

Before filing any claim against the other party, you and Knowledge ERP agree to attempt to resolve the dispute informally. You will send a written notice of dispute to legal@peltonsolutions.com describing the nature and basis of the claim and the relief sought. We will respond in writing within thirty (30) days. If the dispute is not resolved within sixty (60) days of the notice, either party may proceed under the remaining provisions of this Section.

21.2 Binding Arbitration

Except for the carve-outs in Section 21.4, any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") will be resolved by binding arbitration administered by the American Arbitration Association (AAA). The arbitration will be governed by the AAA Commercial Arbitration Rules; however, if you qualify as a "consumer" (for example, an individual using the Service for personal, family, or household purposes, or as otherwise defined under applicable law or AAA rules), the AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol will apply instead and will control to the extent of any conflict. Any in-person hearing will be held in Michigan; however, a consumer party may elect to have the arbitration conducted by telephone, video, or other remote means, or in the county of the consumer's residence. Judgment on the award may be entered in any court having jurisdiction.

21.3 Class Action Waiver

YOU AND KNOWLEDGE ERP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this class-action waiver is held unenforceable as to any particular claim, then that claim (and only that claim) will be severed from arbitration and brought in court in accordance with Section 22.

21.4 Carve-Outs

Notwithstanding Sections 21.2–21.3, either party may:

• bring an individual action in small claims court for claims that qualify;
• seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or to prevent unauthorized access to or misuse of the Service; and
• participate in a regulatory or administrative proceeding.

21.5 Opt-Out

You may opt out of the arbitration agreement in Sections 21.2 and 21.3 by sending written notice of your decision to opt out to legal@peltonsolutions.com within thirty (30) days of first accepting these Terms. The notice must include your name, Account email, and a clear statement that you are opting out of arbitration. Opting out will not affect any other part of these Terms.

22. Governing Law and Venue

These Terms are governed by the laws of the State of Michigan, without regard to its conflict-of-laws principles. For any Dispute not subject to arbitration under Section 21, you and Knowledge ERP consent to the exclusive personal jurisdiction and venue of the state and federal courts located in the State of Michigan.

23. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will give you reasonable advance notice (by email and/or in-product notice) before the changes take effect, and the Service may require re-acceptance at your next sign-in. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance. If you do not agree to the updated Terms, your sole remedy is to cancel your Subscription before the effective date.

The "Last Updated" date at the top of these Terms reflects the most recent revision.

24. General Provisions

Assignment. You may not assign or transfer these Terms or any rights hereunder without our prior written consent. Knowledge ERP may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will continue in full force and effect.

No Waiver. Our failure to enforce any right or provision will not constitute a waiver of that right or provision.

Entire Agreement. These Terms, together with any policies incorporated by reference (including the Privacy Policy, Acceptable Use Policy, sub-processor list, and the Data Processing Addendum where it applies), constitute the entire agreement between you and Knowledge ERP regarding the Service and supersede any prior agreements on the same subject.

Force Majeure. Knowledge ERP will not be liable for any delay or failure in performance caused by events outside its reasonable control, including without limitation acts of God, war, terrorism, civil unrest, governmental action, internet or network failures, third-party API or integration-provider outages, or major utility or cloud-provider outages.

Notice. We may give notice to you by email to the billing or owner address associated with your Account, by posting a message in the Service, or by any other reasonable means. You consent to receive electronic communications from us.

Relationship of the Parties. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Knowledge ERP. Neither party has authority to bind the other.

25. Contact

Pelton Solutions LLC Attn: Knowledge ERP 101 Rainbow Drive PMB 1624 Livingston, TX 77399

General questions: hello@knowledgeerp.com Legal notices: legal@peltonsolutions.com DMCA notices: legal@peltonsolutions.com