Welcome to Fiap Systems, a product of Los Bebes Inc. ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of the Fiap Systems software platform, website, mobile application, and all related services (collectively, the "Services"). By accessing or using the Services, you ("Client," "Tenant," or "User") agree to be irrevocably bound by these Terms.
If you do not agree to these Terms in their entirety, you must immediately cease using the Services and contact sales@fiapsystems.com to arrange account closure.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Cameroon.
Any and all disputes, claims, or controversies arising out of or relating to this Agreement shall be exclusively resolved in the competent courts of Bamenda, Northwest Region of Cameroon. The Client's continued use of the Services constitutes binding and irrevocable acceptance of this jurisdiction, regardless of the Client's country of domicile or incorporation.
Before initiating any legal proceedings, the parties agree to attempt resolution through good-faith negotiation (15 days), followed by formal mediation through a mutually agreed mediator (30 days), before escalating to court proceedings.
Access to the Services is billed on a monthly or annual basis as selected at sign-up. Annual subscriptions are invoiced in full at the start of the billing period. All fees are stated in your local currency or the currency specified on the invoice.
Los Bebes Inc. accepts payment via bank transfer, MTN Mobile Money, Orange Money, and other methods as listed on the invoice. The Client is responsible for all applicable banking or transfer fees.
Subscriptions automatically renew at the end of each billing cycle unless the Client provides written notice of cancellation at least fifteen (15) days before the renewal date.
Los Bebes Inc. reserves the right to adjust subscription pricing upon thirty (30) days' written notice. Continued use of the Services after the notice period constitutes acceptance of the new pricing.
If a subscription invoice remains unpaid beyond seven (7) calendar days from the due date, the Client's account will be automatically suspended without further notice.
All fees paid are non-refundable. Annual license fees are non-refundable once the license has been activated. One-time Professional Services fees are non-refundable once services have been rendered.
Subject to the Client's compliance with these Terms and timely payment of applicable fees, Los Bebes Inc. grants the Client a revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for the Client's own internal business operations.
The Client shall not, and shall not permit any third party to: reverse-engineer, decompile, disassemble, or attempt to derive the source code; copy, modify, adapt, translate, or create derivative works; sell, resell, sublicense, rent, lease, or otherwise transfer access; remove or alter any proprietary notices or labels; use the Services to build a competing product; or access the Services through automated means (bots, scrapers) in a manner that damages the platform infrastructure.
For Subscription clients, Los Bebes Inc. provides software updates, bug fixes, and new features as part of the Subscription at no additional cost. For Perpetual License holders, major version upgrades beyond the initial purchase period are billed separately.
The base Software access fee does not include any of the following, which are explicitly subject to independent paid billing:
We host the software on our managed cloud servers and target 99.9% monthly uptime. Liability Cap: Capped at total subscription fees paid in the twelve (12) months preceding the claim. We are not liable for breaches caused by compromised Client passwords or internal negligence.
The Client pays for an isolated, dedicated server instance. Liability Cap: Capped at the 12-month hosting and subscription fee. Fiap Systems is not liable for downtime, data loss, or breaches caused by the underlying infrastructure provider (e.g., AWS, DigitalOcean), DDoS attacks, or errors made by the Client's own administrators.
Software is installed locally and syncs to the cloud when internet is available. Liability Cap: Capped at the 12-month subscription fee. Fiap Systems is completely absolved of liability for data loss, sync conflicts, or business interruption caused by local internet failures, power outages, or hardware damage.
A perpetual license to run the software purely on the Client's local hardware. Liability Cap: Strictly Zero (0 XAF). The software is provided "As-Is." Los Bebes Inc. bears zero liability for data loss, cyberattacks, ransomware, hardware failure, or any other incident. Micro Licenses are locked to a single authorized machine via hardware ID.
The Services are provided "As-Is" and "As-Available." To the maximum extent permitted by applicable law, Los Bebes Inc. expressly disclaims all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, and error-free operation.
In the event the Cloud Version experiences downtime exceeding our internal thresholds, the Client's sole and exclusive remedy is a service credit applied to the next billing cycle. No cash refunds will be issued, and Los Bebes Inc. will not be liable for lost sales, lost profits, or indirect business damages attributable to downtime.
Fiap Systems provides software integrations that connect to the Client's merchant Mobile Money or banking accounts. Fiap Systems is not a bank, payment processor, or financial institution and holds zero liability for failed, delayed, misrouted, or disputed transactions. The Client is solely responsible for reconciling funds with their financial provider (e.g., MTN, Orange).
The Client is the sole "Data Controller" of all Protected Health Information (PHI) and patient records. Fiap Systems acts as a "Data Processor" only. We are completely absolved of any liability related to medical malpractice, misprescriptions, drug interaction failures, or unauthorized access to patient data resulting from the Client's staff negligence.
Fiap Systems integrates with third-party providers. If a third party (e.g., Meta/WhatsApp, OpenAI) changes its pricing, API rules, or disables the Client's account for policy violations, Fiap Systems bears no liability. Under the "Bring Your Own Key" (BYOK) model for AI integrations, the Client is solely responsible for all usage costs billed by the third-party AI provider.
All right, title, and interest in and to the Services, including all underlying software, source code, algorithms, designs, documentation, trade names, and intellectual property rights, are and shall remain the exclusive property of Los Bebes Inc., the parent company. Fiap Systems is a brand and commercial product of Los Bebes Inc. and does not independently hold intellectual property rights. These Terms do not convey any ownership rights in the software or platform to the Client.
The Client retains full ownership of all Client Data. By using the Services, the Client grants Los Bebes Inc. a limited, non-exclusive, royalty-free license to process Client Data solely as necessary to provide and improve the Services. Los Bebes Inc. does not sell, rent, or otherwise disclose Client Data to third parties for commercial purposes.
Any suggestions, feature requests, or feedback the Client provides regarding the Services may be used by Los Bebes Inc. at its sole discretion without restriction, attribution, or compensation to the Client.
Los Bebes Inc. acts as a Data Processor. The Client acts as the Data Controller for all personal data of their customers, patients, students, or employees entered into the platform. The Client is solely responsible for complying with all applicable data protection laws (including Cameroon's Law No. 2010/012 on Cybersecurity and Cybercriminality) with respect to their own data subjects.
We implement industry-standard technical and organizational security measures including encryption in transit (TLS 1.2+), encryption at rest, role-based access controls, and regular security audits. We will notify the Client without undue delay upon becoming aware of a confirmed data breach that materially affects the Client's data.
Client Data may be processed on servers located outside Cameroon (e.g., cloud infrastructure providers). By accepting these Terms, the Client consents to such transfers, provided adequate data protection measures are in place.
The Client agrees to indemnify, defend, and hold harmless Los Bebes Inc., its officers, directors, employees, and agents from and against any third-party claims, lawsuits, fines, penalties, or damages arising from: (a) the Client's or their sub-users' uploading of illegal, copyrighted, or harmful material; (b) the Client's violation of applicable data protection or privacy laws; (c) negligence or willful misconduct of the Client's staff. Fiap Systems is a tool, the Client is fully responsible for how their staff uses it.
The Client shall not: reverse-engineer or extract the source code; bypass multi-tenant security headers or access other tenants' data; scrape or overload the database via automated bots; re-sell sub-tenant access on the platform without written authorization from Los Bebes Inc.; use the Services to store or transmit malware, ransomware, or illegal content. Violation of this section results in immediate termination without refund and potential legal action.
Accounts suspended for non-payment remain in a read-only state for seven (7) days, after which they are fully suspended. The Client cannot access or export data during full suspension.
If an account remains suspended or cancelled for thirty (30) calendar days, Los Bebes Inc. reserves the right to permanently and irreversibly delete all associated Client Data. We hold zero liability for data deleted under these circumstances. The Client is strongly advised to export all data before cancellation.
Each party agrees to keep the other's Confidential Information strictly confidential and not to disclose it to any third party without prior written consent, except as required by law or to employees and contractors who need it to fulfil obligations under these Terms. This obligation survives termination of the Agreement for a period of three (3) years.
Neither party shall be liable for any failure or delay in performance resulting from causes beyond their reasonable control, including but not limited to: acts of God, war, terrorism, civil unrest, government actions, internet outages, natural disasters, or failure of third-party infrastructure providers. The affected party must notify the other within five (5) business days and use commercially reasonable efforts to resume performance.
We may terminate or suspend access immediately and without notice upon: breach of these Terms; non-payment beyond the grace period; use of the Services for illegal purposes; or if continuing the contract would expose Los Bebes Inc. to legal or regulatory risk.
The Client may terminate the Agreement by providing thirty (30) days' written notice to support@fiapsystems.com. No refunds will be issued for the unused portion of any prepaid subscription period.
Upon termination, the Client's access is revoked immediately. Client Data will be retained for thirty (30) days for self-service export, after which it will be permanently deleted. All outstanding fees remain due and payable.
To the maximum extent permitted by applicable law, in no event shall Los Bebes Inc. be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunities, even if Los Bebes Inc. has been advised of the possibility of such damages. In all cases, the aggregate liability of Los Bebes Inc. arising under or in connection with these Terms shall not exceed the total fees paid by the Client in the twelve (12) months immediately preceding the event giving rise to the claim, unless a lower cap is specified in Section 6.
Los Bebes Inc. reserves the right to modify these Terms at any time. Updated Terms will be published on our website and communicated to active Clients via email with at least fifteen (15) days' notice. Continued use after the notice period constitutes acceptance.
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
These Terms, together with any signed Service Agreement, Statement of Work, or Order Form, constitute the entire agreement between the parties with respect to the Services and supersede all prior negotiations, understandings, or agreements.
The Client may not assign or transfer any rights or obligations under these Terms without the prior written consent of Los Bebes Inc. We may freely assign our rights and obligations, including in the event of a merger, acquisition, or sale of assets.
Failure by either party to enforce any provision of these Terms shall not constitute a waiver of that party's rights to enforce such provision in the future.
All formal notices must be sent in writing to: Los Bebes Inc., Bamenda, Northwest Region, Cameroon or by email to legal@fiapsystems.com. Notices are effective upon confirmed receipt.