Terms and conditions

These terms and conditions govern access to and use of BMS, a software-as-a-service platformoperated by AlbaSoul Group LLC. By registering for, accessing, or using BMS, you agree to bebound by these terms on your own behalf and, where applicable, on behalf of the business or organization you represent

1. Operator and contracting party

BMS is provided by AlbaSoul Group LLC. Unless otherwise stated in a separate written agreement, invoice, or order form,AlbaSoul Group LLC is the legal contracting party for the provision of BMS.

2. Service description

BMS is a cloud-based business management platform that may include modules such as HR, attendance, leave, payroll, finance, manufacturing, inventory, logistics, appointments, reporting, and related business workflows.Specific modules, limits, and add-ons depend on the selected subscription and configuration.

3. Account registration and authority

You represent and warrant that all registration information submitted to us is complete, accurate, and current,and that the person completing the registration is authorized to act on behalf of the relevant business or organization.You are responsible for maintaining the accuracy of account details and protecting administrative credentials.

4. Activation and acceptance

Registration requests may be subject to review, verification, and manual approval before service activation.We may accept, reject, delay, or request additional information for any registration where reasonably necessary forlegal, operational, fraud prevention, compliance, or security purposes.

5. Subscription fees and billing

Access to BMS is provided on a subscription basis.Customers may subscribe on a monthly or annual billing cycle depending on the selected plan.

New customers may be eligible for a one-time free trial period of up to one month, subject to eligibility requirements, service limitations, verification, and approval.Trial availability, included modules, storage, features, and limitations may be determined by AlbaSoul Group LLC and may be modified or withdrawn at any time.

Subscription fees may depend on selected modules, add-ons, user limits, storage, branding options, payroll-related features, or other commercial terms shown during signup or stated in an order form, quotation, or invoice.

Unless otherwise agreed in writing:

1. Subscription fees are payable in advance;
2. Subscriptions automatically renew for the selected billing period unless cancelled;
3. Fees are non-refundable except where expressly stated in these terms or where mandatory law requires otherwise.

Applicable taxes, payment provider charges, currency conversion fees, banking fees, intermediary fees, or other financial institution charges may apply and remain the responsibility of the customer unless expressly stated otherwise.

5A. Subscription renewal, cancellation, and refunds

Customers may cancel their subscription at any time through the platform, by written request, or through another supported cancellation method.

Cancellation does not immediately terminate access to BMS.Unless otherwise required by law, the subscription shall remain active until the end of the already paid billing period.For monthly subscriptions, service access will continue until the end of the applicable monthly term.For annual subscriptions, service access will continue until the end of the already paid period unless an approved reimbursement applies under this section.

Where a customer on an annual subscription requests cancellation before the expiration of the prepaid annual term, AlbaSoul Group LLC may, at its sole discretion and subject to verification, reimburse the unused prepaid portion of the subscription period.

Any approved reimbursement:

1. will be calculated proportionally for the remaining unused full months of service;
2. may exclude any used portion, promotional discounts, bonuses, credits, or trial periods;
3. may be reduced by payment processing fees, card network fees, merchant charges, transaction fees, currency conversion charges, or similar non-recoverable costs incurred by AlbaSoul Group LLC during the original payment and/or reimbursement process;
4. may also be reduced by any applicable taxes, chargeback-related costs, or legally required deductions.

For the avoidance of doubt, AlbaSoul Group LLC is not responsible for additional fees, deductions, exchange-rate losses, intermediary bank charges, card issuer fees, payment provider charges, or other charges imposed by the customer’s bank, card issuer, payment provider, or financial institution.

Approved reimbursements may require administrative review and payment processing and may take up to three months to be completed or transferred.

AlbaSoul Group LLC reserves the right to deny reimbursement requests where there is suspected abuse, fraud, violation of these terms, excessive usage inconsistent with normal subscription intent, or where reimbursement is prohibited or restricted by law.

6. Branding and configurable features

Certain branding options, including custom application logo functionality, are available only where included in the applicable plan or enabled as an add-on.Where such functionality is not included, BMS may display the default system branding.Print or document logo settings may be managed separately within the platform where supported.

7. Customer responsibilities

You are responsible for your users, your internal approvals, the legality of your data and workflows, and your compliance with laws and regulations applicable to your organization.You must ensure that your use of BMS and any data you input, upload, store, or process through BMS is lawful and does not infringe the rights of others.

8. Acceptable use and restrictions

You may not misuse BMS, interfere with its operation, attempt unauthorized access, reverse engineer the service except where expressly permitted by law, upload malicious code, use the platform for unlawful activity, or use the service in a way that may impair the security, availability, or integrity of BMS or other customer data.

9. Customer data and privacy

As between the parties, you retain responsibility for the data you or your users submit to BMS.Our handling of personal data is governed by the applicable contract terms, our privacy notice, and, where relevant, a data processing agreement or equivalent controller-processor arrangement.

10. Availability, maintenance, and changes

We may update, improve, modify, suspend, or discontinue parts of BMS from time to time for product, security, legal, or operational reasons.While we aim to provide a reliable service, BMS is provided on an availability basis and may be subject to downtime, maintenance windows, connectivity issues, or third-party service dependencies.

11. Suspension and termination

We may suspend or terminate access to BMS in whole or in part where reasonably necessary for non-payment, security risk, legal compliance, breach of these terms, suspected fraud, abusive conduct, or protection of the service and other customers.

Customers may cancel their subscription in accordance with the applicable subscription plan and Section 5A (Subscription Renewal, Cancellation, and Refunds).Cancellation does not affect already accrued payment obligations.

Outstanding payment obligations and clauses that by their nature survive termination, including provisions relating to confidentiality, intellectual property, liability, reimbursement obligations, and dispute resolution, will remain in effect after termination.

11A. Data retention, archiving, and deletion

Following subscription cancellation, termination, expiration, or account closure, customer access to BMS may be suspended or disabled.Customer data may be retained, archived, restricted, or otherwise preserved for legal, regulatory, tax, accounting, fraud prevention, dispute resolution, backup, security, operational continuity, or compliance purposes.

Because BMS may process business, accounting, payroll, employee, tax, invoicing, financial, attendance, or other legally relevant records, AlbaSoul Group LLC may retain customer data for a period of up to five years following account termination or for such longer period as may be required or permitted under applicable law, regulatory obligations, legal processes, accounting standards, tax requirements, audit obligations, fraud prevention requirements, or legitimate business interests.

During the retention period:

1. Access to archived data may be limited, restricted, or unavailable unless otherwise agreed in writing;
2. AlbaSoul Group LLC shall have no obligation to maintain full platform functionality for archived accounts;
3. Certain backups, logs, audit records, or system-level records may continue to exist in disaster recovery, redundancy, or security systems.

Where legally permissible, AlbaSoul Group LLC may permanently delete, anonymize, aggregate, or irreversibly de-identify customer data after the applicable retention period expires.

Nothing in these terms obligates AlbaSoul Group LLC to delete data where retention is required by law, legal obligation, court order, regulatory authority, tax compliance, accounting obligations, fraud prevention, or legitimate security interests.

12. Intellectual property

BMS, including its software, design, structure, branding, documentation, and related materials, remains the property of AlbaSoul Group LLC and its licensors.Subject to payment and compliance with these terms, we grant you a limited, non-exclusive, non-transferable right to access and use BMS for your internal business operations.

13. Warranties and disclaimer

Except as expressly stated in a written agreement, BMS is provided on an “as is” and “as available” basis.To the maximum extent permitted by law, AlbaSoul Group LLC disclaims implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.Nothing in these terms excludes liability that cannot be excluded under applicable law.

14. Limitation of liability

To the maximum extent permitted by law, AlbaSoul Group LLC will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profit, revenue, business opportunity, goodwill, or data arising out of or related to the use of BMS.Where liability cannot be excluded, it will be limited to the amount paid by the customer for BMS during the period reasonably related to the claim, unless mandatory law requires otherwise.

Any reimbursement, refund, or account credit granted by AlbaSoul Group LLC beyond what is required under applicable law shall be considered a commercial accommodation and shall not constitute a waiver of these terms or establish any continuing entitlement.

15. Governing law and jurisdiction

These terms are governed by the laws of the Republic of Kosovo, excluding conflict-of-law rules, unless mandatory law in another jurisdiction applies.Courts of competent jurisdiction in Kosovo will have jurisdiction over disputes arising from or relating to these terms unless applicable law requires otherwise.

16. Complaints and dispute resolution

Before starting formal legal proceedings, the parties should first attempt to resolve disputes in good faith by written notice.Privacy-related complaints should be submitted first toprivacy@albasoulgroup.com. General contractual or legal matters may be directed tosales@albasoulgroup.com.

17. Legal entity details

• Company AlbaSoul Group LLC
• Service BMS
• Registered jurisdiction: Republic of Kosovo
• Registered address: Xhevdet Doda, pn.
• Legal contact: sales@albasoulgroup.com
• Privacy contact: privacy@albasoulgroup.com