Terms of Use

1. Acceptance of these Terms

By installing, subscribing to, accessing or using any Business Dynamics Pro software, or by completing a purchase or starting a free trial through Microsoft AppSource, you agree to be bound by these Terms, by our End User License Agreement and by our Privacy Policy, each of which is incorporated into these Terms by reference. If you do not agree to these Terms, do not install or use the software. If you are accepting on behalf of an organisation, you confirm you have authority to bind that organisation.

2. Licence and permitted use

Subject to these Terms and to payment of any applicable fees, we grant you a non-exclusive, non-transferable, revocable licence to install and use the software within your own Microsoft Dynamics 365 Business Central environment, for your internal business purposes, for the duration of your subscription or trial. The detailed licence grant, restrictions and intellectual-property terms are set out in the End User License Agreement. Where these Terms and the EULA both address a subject, the EULA governs the software licence itself and these Terms govern the commercial relationship around it.

3. Restrictions

You may not: (a) reverse engineer, decompile or disassemble the software, except to the extent that applicable law expressly permits it despite this restriction; (b) sublicense, rent, sell, lease or otherwise redistribute the software; (c) remove or obscure any proprietary notice; (d) use the software to provide a service bureau or equivalent offering to third parties; or (e) use the software other than for its intended functionality within Business Central.

4. Intellectual property

The software, its source code and all related intellectual-property rights remain the exclusive property of Publisher and its licensors. You receive only the rights expressly granted in these Terms and in the EULA. Your own business data remains yours; nothing in these Terms transfers ownership of your data to us.

5. Your responsibilities

You are responsible for maintaining a supported Microsoft Dynamics 365 Business Central environment, for the accuracy of the data you process, for administering user access and permissions in your own tenant, and for evaluating the software in a non-production environment before relying on it in production. You are responsible for maintaining backups of your data.

6. Trials and evaluation

Where a free trial is offered, it is provided for evaluation only and for the trial period stated on the offer at the time you subscribe. We may modify or discontinue trial availability at any time. At the end of a trial, the software will stop operating unless a paid subscription is in effect.

7. Purchase, fees and payment

Where the software is acquired through Microsoft AppSource or the Microsoft commercial marketplace, your purchase, billing, invoicing, renewal and cancellation are handled by Microsoft under the Microsoft Commercial Marketplace Terms of Use and the agreement between you and Microsoft. Prices, billing frequency, seat counts and any minimum quantities are those shown on the offer listing at the time of purchase. Fees are exclusive of taxes unless the listing states otherwise, and you are responsible for any applicable taxes and duties.

Subscriptions continue until cancelled in accordance with the marketplace terms. Refunds, cancellations and proration for marketplace purchases are governed by Microsoft's marketplace policies, and any such request should be raised through Microsoft. Where software is licensed directly from us rather than through the marketplace, payment terms are those set out in the applicable written order or quotation.

8. Support

Support is provided by email at support@dynamicspro.ca for active subscriptions and trials. Support covers defects, installation and configuration questions relating to the software. It does not include Business Central platform support, custom development, data recovery, or support for modified or unsupported versions of the software.

9. Warranty disclaimer

The software is provided “as is” and “as available”, without warranty of any kind. To the maximum extent permitted by applicable law, we disclaim all warranties, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the software will be uninterrupted or error free, or that it will meet your requirements. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

10. Limitation of liability

To the maximum extent permitted by applicable law, Publisher shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, business interruption, or loss or corruption of data, arising out of or relating to the software or these Terms, whether in contract, tort or otherwise, even if advised of the possibility of such damages. Publisher's total aggregate liability arising out of or relating to the software or these Terms shall not exceed the amounts actually paid by you for the software in the twelve (12) months immediately preceding the event giving rise to the claim. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

11. Term, suspension and termination

These Terms apply for as long as you hold a subscription, trial or licence to the software. You may stop using the software at any time and may cancel a marketplace subscription in accordance with the marketplace terms. We may suspend or terminate your licence if you materially breach these Terms or the EULA. On termination, the licence ends and you must cease use of and uninstall the software. Sections 3, 4, 9, 10, 11 and 12 survive termination.

12. Privacy and data

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms. Where a specific product transmits data outside your Business Central tenant, that is disclosed by name in the Privacy Policy. You remain the controller of your business data.

13. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date above reflects the current version. Material changes will be reflected on this page, and your continued use of the software after a change takes effect constitutes acceptance of the updated Terms.

14. Governing law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The courts of Ontario shall have jurisdiction over any dispute arising out of or relating to these Terms, subject to any mandatory consumer-protection rights available to you in your place of residence.

15. Entire agreement

These Terms, together with the End User License Agreement and the Privacy Policy, constitute the entire agreement between you and Publisher regarding the software and supersede all prior understandings on that subject. If any provision is held unenforceable, the remaining provisions remain in full force. Where the software is acquired through the Microsoft commercial marketplace, the Microsoft Commercial Marketplace Terms of Use also apply to that transaction.

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