Terms of Service

Welcome to Bofxe! These Terms of Service ("Terms") govern your access to and use of the Bofxe platform, operated by Bofxe, Inc., a Delaware corporation ("Bofxe," "we," "us," or "our").

By creating an account, using our platform, or clicking to accept these Terms, you agree to be bound by them. If you do not agree, do not use the service.

1. Overview of Service

Bofxe is a self-service SaaS platform that helps businesses monitor SLA violations from their vendors and recover value through automation, tooling, or negotiation support. Depending on configuration, Bofxe may also submit claims or notify vendors directly on your behalf.

2. Eligibility & Authorized Use

You may use the Service only if:

• You are an authorized representative of a business entity.
• You are located in the United States.
• You are not located in or accessing the service from the European Union, United Kingdom, Brazil, Singapore, or any other jurisdiction where such use is restricted by law or regulation.

By using the platform, you confirm that all users are acting with your organization's authorization.

3. Fees and Payment

3.1 Platform Fee

Bofxe charges an annual subscription fee ("Platform Fee") for access to its services. This fee may be waived at Bofxe's discretion.

3.2 Success Fee

If Bofxe successfully enables you to recover service credits or secure better pricing during procurement or renewals, a success fee of 15–20% of the total savings applies. Savings may include:

• Service credits obtained from SLA breaches
• Cost reductions based on Bofxe-enabled negotiation (self-reported)

You agree to provide timely and accurate information about any cost savings or credits realized.

4. Customer Responsibilities

You are responsible for:

• Providing accurate and complete data (including vendor contracts, credentials, SLAs, etc.)
• Maintaining the confidentiality of your account credentials
• Ensuring integrations are used in accordance with applicable third-party terms

You agree not to use the platform to violate any applicable laws or vendor terms of service.

5. Data & Integrations

We collect and process data you provide or authorize us to access, including:

• Vendor contracts, invoices, SLAs, and procurement documentation
• User identifiers like name, email, and usage logs
• Third-party telemetry and outage feeds

You retain ownership of your data. By using the platform, you grant Bofxe a limited right to access, analyze, and act on this data solely for the purpose of delivering our services.

We use trusted third-party APIs (e.g. OpenAI) and integrate with vendor platforms. Bofxe assumes responsibility for keeping up with changes to relevant vendor terms that impact our services.

6. Intellectual Property

Bofxe owns all rights, title, and interest in the platform and its content, excluding your data. You may not copy, modify, or reverse engineer any part of the Service.

7. Service Commitments

We commit to the following service levels:

• Uptime SLA: 99.2% monthly uptime
• Support SLA: Initial support response within 4 hours, resolution within 72 hours
• Recovery Time Objective (RTO): 48 hours
• Recovery Point Objective (RPO): 24 hours

Bofxe does not currently hold any third-party information security compliance certifications.

8. Disclaimers

The service is provided "as-is" and "as-available." While we make reasonable efforts to deliver accurate monitoring and claims, Bofxe does not guarantee specific results or recoveries. You use the platform at your own risk.

9. Limitation of Liability

To the fullest extent permitted by law, Bofxe's total liability to you will not exceed the fees you have paid to Bofxe in the twelve (12) months preceding the claim. We are not liable for indirect, incidental, or consequential damages.

10. Termination

Either party may terminate the agreement at any time. Upon termination, your access will be revoked and you must stop using the service. Fees paid are non-refundable unless otherwise stated in writing.

11. Dispute Resolution & Arbitration

Any dispute arising out of these Terms or the use of the Service will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration will take place in Delaware. You waive the right to a trial by jury or to participate in a class action.

12. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws provisions.

13. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we'll notify you via email or through the platform. Continued use of the platform after notice means you accept the updated terms.