Service Terms

1. Agreement and order of precedence

These Service Terms apply only when incorporated into a signed agreement, accepted order form, documented signup flow or other written arrangement with bullionOS, LLC. The accepted order identifies the customer, subscription, scope, fees, term and any special terms.

If there is a conflict, the order of precedence is: signed order form or statement of work, negotiated master agreement or data processing addendum, incorporated service-specific terms, these Service Terms, then website policies. Posted updates do not retroactively amend an existing signed agreement unless that agreement expressly allows it.

2. Software role and customer responsibility

bullionOS provides software tools for precious-metals dealer operations. bullionOS does not, through the software or website, buy, sell, broker, custody, finance, appraise, insure, tax, regulate or execute transactions in precious metals or other property.

Customer controls its transactions, pricing, customer relationships, disclosures, compliance duties, taxes, accounting, records, inventory, cash handling, employees, devices and business decisions. Customer is responsible for confirming that the service fits its legal, operational and security requirements.

3. Accounts, authority and users

Customer must provide accurate account information and ensure that anyone accepting an order, managing users or configuring the service has authority to bind the customer. Customer is responsible for user activity under its account except to the extent caused by bullionOS breach of its obligations.

Customer must protect credentials, configure appropriate roles, promptly remove unauthorized users and notify bullionOS of suspected compromise. bullionOS may suspend access when reasonably necessary to protect the service, comply with law, prevent misuse or address nonpayment, subject to the agreement and applicable law.

4. Customer data and permission

Customer retains its rights in data submitted to the service. Customer grants bullionOS the rights needed to host, process, transmit, display, back up, secure, troubleshoot and support that data to provide the agreed service and related support.

Customer must have all rights, notices, consents and lawful bases needed to provide customer data, including personal information, customer records, transaction records, inventory data and communications. Customer should not submit data that is unlawful, infringing, malicious or outside the agreed scope.

5. Security, privacy and offboarding

Security, privacy, data-processing, backup, retention, export, deletion and offboarding obligations are governed by the applicable agreement and any data processing addendum or security exhibit. Public website notices do not replace those customer-account terms.

Unless a signed agreement states otherwise, customer is responsible for exporting required business records before termination and for preserving records required by law, tax rules, accounting rules, customer commitments or internal policy.

6. Market data, pricing and calculations

Market data, spot references, formulas, calculations, alerts, suggested prices and reports are operational references and may be delayed, inaccurate, incomplete or unavailable. Customer must independently verify prices, premiums, discounts, availability, taxes, shipping, payment terms and deal terms before committing a transaction.

Sample tour prices and screenshots are not live market data, firm quotes, executable offers, appraisals, valuations or investment recommendations. bullionOS is not responsible for trading losses, market movement or business decisions except where a signed agreement creates a non-waivable obligation.

7. Third-party services

Hosting, email, market data, payments, calendar scheduling, analytics, security tools, identity services and other integrations may depend on third-party providers. Third-party availability, pricing, data practices and terms may change.

bullionOS is not responsible for third-party services outside its control, but will use commercially reasonable efforts described in the applicable agreement for integrations it expressly provides or manages.

8. Acceptable use

Do not unlawfully access systems, disrupt service, probe or bypass security controls, introduce malicious code, misuse personal information, upload unlawful content, infringe rights, interfere with other customers, scrape nonpublic data, resell unauthorized access or use the service to violate law.

Restrictions on copying, reverse engineering, benchmarking, resale, competitive use or publication of performance results apply only to the extent stated in the applicable agreement and permitted by law, including applicable open-source licenses and non-waivable rights.

9. Fees, renewal and cancellation

Fees, billing frequency, payment authorization, renewal, cancellation deadlines, usage charges, setup fees and taxes are specified in the accepted order or agreement. A website visit, demo request or sales conversation is not payment authorization.

Late payment, disputed invoices, suspension, refunds, chargebacks and cancellation effects are governed by the Billing & Refund Policy only to the extent incorporated into the customer agreement and not overridden by signed terms or mandatory law.

10. Intellectual property

bullionOS and its licensors retain all rights in software, designs, workflows, interfaces, source code, object code, documentation, templates, branding, trademarks, service marks, content and know-how. Customer receives only the access and use rights expressly granted in the agreement.

Feedback, suggestions and improvement ideas may be used by bullionOS without restriction or compensation unless a signed agreement says otherwise. Customer retains ownership of customer data and its own trademarks and materials.

11. Confidentiality and independent development

Each party must protect nonpublic information it receives under the agreement using at least reasonable care and use it only for the permitted relationship. Confidentiality obligations do not cover information that is public, independently developed, already known without restriction or lawfully received from a third party.

Nothing prohibits lawful competition, independent development, use of general skills and experience, or activities permitted by law. Do not copy bullionOS protected materials or confidential information to create an infringing or unauthorized product.

12. Warranties and disclaimers

Except for express commitments in the applicable agreement and warranties that cannot lawfully be excluded, the service and website are provided “as is” and “as available.” Specific support, uptime, recovery, implementation, security and compliance commitments must be documented in the agreement.

bullionOS does not warrant that the service will be uninterrupted, error-free, immune from security events, compatible with every workflow or suitable for every regulatory obligation unless expressly stated in a signed agreement.

13. Liability limits

To the maximum extent permitted by law and subject to the applicable agreement, bullionOS is not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business, lost goodwill, trading losses, pricing errors, market movement, data loss or business interruption.

Any liability cap, exclusions and carveouts are governed by the signed agreement. Nothing in these Service Terms limits liability that cannot lawfully be limited, including non-waivable statutory rights where applicable.

14. Indemnity and third-party claims

To the extent permitted by law and stated in the applicable agreement, customer is responsible for claims arising from its unlawful use, customer data, infringement of others’ rights, breach of these terms, violation of law or transactions with its own customers.

bullionOS obligations for intellectual-property claims, security incidents or third-party claims apply only as expressly stated in the signed agreement.

15. Changes, notices and administration

Contract changes, notices, renewal changes, termination, assignment and amendments must follow the applicable agreement. bullionOS may update public website pages for future use, but those updates do not replace signed change-control requirements.

If any provision is unenforceable, the remaining provisions continue to apply to the maximum extent permitted by law. Provisions that by nature should survive termination, including payment, confidentiality, IP, disclaimers, limits of liability and dispute terms, survive as applicable. Email legal@bullionos.co for contractual questions.

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