Terms of Use

These terms govern your use of the BORDExpense website and services. By accessing or using BORDExpense, you agree to these terms.

PLEASE READ CAREFULLY

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING BORDEXPENSE OR ANY SERVICES PROVIDED BY NOTGENERIC SOLUTIONS INC. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.

1. INTRODUCTION AND ACCEPTANCE

These Terms of Use (“Terms”) are a legally binding agreement between you and NotGeneric Solutions Inc. and its relevant affiliates (collectively, “BORDExpense,” “we,” “us,” or “our”) governing access to and use of the BORDExpense website, application, application programming interfaces, integrations and related services (collectively, the “Services”).

BORDExpense provides expense and cash advance approval software for finance teams, including expense and receipt capture, configurable approval workflows, cash advance tracking, journal review, and posting by manual entry, CSV export or, with the Premium plan, integration with Sage X3.

By accessing, registering for or using the Services, you represent that you have read, understood and agree to these Terms and our Privacy Policy; you are at least 18 years old; and you have authority to bind the organization on whose behalf you use the Services. The Services are for business use only.

2. DEFINITIONS

“Authorized User” means an individual, such as an employee, approver, Finance user, Finance manager or administrator, whom the Customer permits to use the Services.

“Connected Services” means third-party services, systems and accounts that you authorize for use with BORDExpense, including Sage X3 and any other accounting system.

“Customer” means the organization that places an Order or on whose behalf the Services are used.

“Customer Data” means expenses, receipts, cash advance records, approval steps, policy rules, journals, accounting references, files and other data submitted to, transmitted through or generated in the Services, including Personal Information in them.

“Order” means an order form, quote, proposal, online sign-up, subscription confirmation or statement of work, accepted by us, that sets out the Customer, plan, term, fees and any set-up or other services. These Terms apply to every Order.

“Plan” means the subscription tier shown in the Order, such as the standard plan or Premium.

3. ACCOUNTS AND AUTHORITY

You are responsible for providing accurate, current and complete account information; maintaining the confidentiality of account credentials; managing authorized users and their roles; removing access promptly when a person leaves; and promptly notifying us of unauthorized access or suspected security incidents.

You are responsible for all activity under your account. We may treat any approval, posting or instruction given through your account as given by you.

4. SERVICES AND FEATURE AVAILABILITY

Feature availability may vary by Plan, account configuration, Connected Service and technical constraints. The Sage X3 integration is available only with the Premium plan, only to customers that hold a valid Sage X3 licence, and only for the Sage X3 versions we confirm in writing. Features described as beta, preview, experimental or coming soon may change, contain errors or be discontinued.

We may modify, suspend or discontinue all or part of the Services at any time. We are not liable for any modification, suspension or discontinuation, except where prohibited by law or stated in an Order.

5. CUSTOMER RESPONSIBILITIES

You are responsible for your own expense policies, approval steps, approval limits, spending rules, categories, accounting settings, employees, suppliers, communications, privacy notices, consents and compliance obligations, and for the decisions you make using the Services. We do not check whether your settings comply with your policies or the law.

You alone are responsible for deciding whether to approve and pay each expense and cash advance; the accuracy and timing of every journal and posting in your books; the tax treatment of expenses, allowances and advances; compliance with employment and labour law when you recover any amount from an employee, including limits on deductions from pay; and keeping the records and receipts the law requires of you.

You must give all notices and obtain all permissions required before submitting Personal Information about your employees or others to the Services.

6. NOT A BANK OR PROFESSIONAL ADVISER

BORDExpense is a workflow and record-keeping tool. We are not a bank, lender, payment service provider, accountant, auditor, tax adviser or lawyer. The Services do not hold, transfer or pay out money, and recording a pay-out, repayment, charge or posting in the Services does not itself move funds or create any accounting or tax result outside your own systems.

Spending rules and policy flags act only on the information entered and the settings you choose. The absence of a flag does not mean that an expense is genuine, authorized, supported by a valid receipt or within policy. We do not verify receipts. You must keep your own controls against error and fraud.

7. CONNECTED SERVICES AND SAGE X3

Your use of Connected Services remains subject to the terms, policies, permissions and technical limits of those third parties. We do not control Connected Services and are not responsible for their availability, content, data practices, security, errors or changes.

By connecting Sage X3, you confirm that you hold a valid licence to it and the right to connect it; you authorize to send journal entries to your Sage X3 when your Finance users instruct the application to post, and each posting is your own act; and you are responsible for your Sage X3 environment, version, chart of accounts, analytical dimensions, permissions and the credentials you supply. We are not responsible for rejections, delays or errors that arise in or from Sage X3 or its configuration.

We are not affiliated with or endorsed by Sage. Sage and Sage X3 are trademarks of The Sage Group plc or its licensors.

8. ACCEPTABLE USE

You may not use the Services to violate law, infringe rights, deceive people, impersonate others, record or conceal fictitious or sham transactions, bribes or the proceeds of crime, process data without a lawful basis, distribute malware, evade security or usage limits, scrape without permission, resell or share access with people who are not Authorized Users, disrupt service integrity, reverse engineer the Services except where such restriction is prohibited by law, or gain unauthorized access to systems or data.

You may not submit content that is unlawful, fraudulent, infringing, malicious, or that contains another person’s Personal Information without required rights, notices and permissions. Please do not submit sensitive information that expense processing does not need, such as government identity numbers, health information or full payment card numbers.

9. CUSTOMER DATA

You retain ownership of Customer Data. You grant us a limited, worldwide, non-exclusive, royalty-free license to host, copy, process, transmit and display Customer Data as necessary to provide, secure and support the Services, and to comply with law and enforce these Terms. We may also use Customer Data in aggregated and de-identified form to operate and improve the Services.

You represent that you have all rights, notices, permissions and lawful bases required for Customer Data. If you submit feedback, suggestions or ideas, you grant us a perpetual, irrevocable, royalty-free license to use them for any purpose without obligation to you.

After your subscription ends, you may export your Customer Data for 30 days. We will then delete or anonymize it as described in our Privacy Policy, unless the law requires us to keep it.

10. CONFIDENTIALITY

Each party must keep the other’s non-public business information confidential, use it only for the purposes of these Terms, and disclose it only to people who need it and are bound to keep it confidential, or where the law requires. Customer Data is your confidential information. This does not apply to information that is public through no fault of the recipient, or that the recipient already knew or independently developed.

11. PLANS, FEES, TAXES AND CANCELLATION

Paid plans are billed in advance on the billing cycle stated in your Order. Fees are stated in the currency in your Order and are payable to the person and by the method stated in your Order or invoice, within 30 days after the invoice date unless your Order says otherwise.

Applicable pricing, billing terms, renewal terms, taxes and included usage are stated in your Order. We may change future pricing or plan packaging with appropriate notice. You bear all bank charges, currency conversion costs and exchange-rate risk, and the unavailability of foreign currency does not excuse or delay payment.

Subscriptions renew automatically for successive periods equal to the initial term, unless you give us a written notice of non-renewal at least 30 days before the end of the current term, and cancellation takes effect at the end of the paid period, with access continuing until then. Except where required by law or expressly stated in writing, payments already made are non-refundable.

12. OUR SERVICES AND INTELLECTUAL PROPERTY

BORDExpense, its software, designs, workflows, documentation, trademarks, logos, domain assets and related materials are owned by NotGeneric Solutions Inc. or its licensors and are protected by intellectual-property and proprietary-rights laws.

Subject to these Terms and payment of fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes during your subscription. No intellectual-property rights are transferred to you except for this limited right.

13. PRIVACY AND DATA PROTECTION

Our Privacy Policy explains how we collect, use and protect Personal Information. For Customer Data that is Personal Information, you are the controller (or responsible party) and we act as your processor (or operator), on the Data Processing Terms in the Privacy Policy, which form part of these Terms. You are responsible for deciding whether the law of your country allows you to send Personal Information to us and to the countries where we and our service providers process it, and, on request, we will enter into any additional terms the law reasonably requires for that transfer.

14. SUSPENSION AND TERMINATION

You may stop using BORDExpense at any time, subject to your Order. We may suspend or terminate access, limit features or disable integrations to protect users, comply with law, address security risks, prevent misuse, enforce these Terms or protect service integrity. Where reasonable, we will provide notice and an opportunity to resolve the issue.

We may suspend the Services if undisputed fees remain unpaid. Fees already due remain payable after termination.

15. DISCLAIMERS OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, RELIABILITY OR ERROR-FREE OPERATION.

We do not warrant that the Services will meet your requirements; be uninterrupted, secure or error-free; be compatible with every Connected Service or configuration; or ensure compliance with any accounting, tax or regulatory requirement.

16. LIMITATION OF LIABILITY

To the fullest extent permitted by law, NotGeneric Solutions Inc., its affiliates, licensors, service providers, officers, directors, employees, contractors and agents will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, goodwill, data, business opportunity or use, arising out of or relating to the Services or these Terms.

To the fullest extent permitted by law, our aggregate liability for all claims arising out of or relating to the Services or these Terms will not exceed the greater of the fees paid or payable by you for the Services during the twelve months before the claim or one hundred Canadian dollars (CAD 100). Some jurisdictions do not allow certain exclusions or limitations, so some limits may not apply. These limits do not apply to your obligation to pay fees, your indemnity under these Terms or your misuse of the Services.

17. INDEMNIFICATION

You agree to defend, indemnify and hold harmless NotGeneric Solutions Inc., its affiliates, licensors, service providers, officers, directors, employees, contractors and agents from claims, liabilities, damages, losses, costs and expenses, including reasonable legal fees, arising out of or relating to your use of the Services, Customer Data, connected channels or configuration, violation of these Terms, violation of law, misrepresentation, or infringement or violation of third-party rights.

18. COMPLIANCE

Each party must comply with the anti-bribery, anti-corruption and anti-money-laundering laws that apply to it, including Canada’s Corruption of Foreign Public Officials Act. You must not use the Services in breach of the sanctions or trade-control laws of Canada, the United Nations or any other jurisdiction that applies to us or you. We may suspend access to comply with those laws. You are responsible for deciding whether any sector regulator, tax authority or data-localization law restricts your use of the Services.

19. FORCE MAJEURE

Neither party is liable for delay or failure to perform, other than a failure to pay fees that are due, caused by events beyond its reasonable control, including natural disaster, war, civil unrest, strikes, government action, power failure, internet or telecommunications outage, or a failure of a hosting provider that it did not cause. The affected party must notify the other promptly and use reasonable efforts to resume performance.

20. GOVERNING LAW AND DISPUTES

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada, without regard to conflict-of-law rules, unless applicable law requires otherwise.

Before initiating a formal proceeding, you agree to send us a written description of the dispute and your contact information at [email protected] and to attempt in good faith to resolve it informally for 30 days.

Any claim must be brought within one year after it accrues unless a longer period is required by law.

21. GENERAL

These Terms, your Order and our Privacy Policy are the entire agreement between us on their subject and replace earlier discussions. No person other than an authorized signatory of NotGeneric Solutions Inc. may change these Terms, give warranties or make commitments on our behalf. You may not assign these Terms without our consent; we may assign them to an affiliate or a successor to our business. If a provision is unenforceable, the rest continues. We may send notices to your administrator’s email address or through the Services; you must send notices to us at [email protected]. These Terms are in English, and the English version prevails over any translation. Electronic acceptance and signature are as effective as handwritten ones. Provisions that by their nature should survive termination will do so.

22. CHANGES TO THESE TERMS

We may update these Terms to reflect changes to our services, business or legal requirements. Material changes will be communicated where appropriate. Continued use after the effective date means you accept the updated Terms.

23. CONTACT

General enquiries and questions about these Terms can be sent to [email protected]