Terms of Service

Behemoth is a product of Nephilim Systems LLC, a company organized in the United States of America (hereinafter, “Nephilim”, “we”).

These Terms govern the use of Behemoth by the legal entity that contracts for the service (hereinafter, “the Customer”) and by the users the Customer authorizes.

Behemoth is business management software delivered as a service (SaaS). It allows the Customer to record and administer its own operation: customers, inventory, sales, collections, expenses, accounts, and the other modules its plan enables.

Behemoth is a recordkeeping and organization tool. The commercial, credit, accounting, and tax decisions the Customer makes in reliance on it are the Customer’s own and its exclusive responsibility.

Nephilim is not a financial institution or a lender. Behemoth includes modules through which the Customer records credit, installments, interest, and late charges arising from transactions the Customer extends to its own customers. Nephilim does not extend credit, does not fund those transactions, does not collect on the Customer’s behalf, and assumes no credit risk whatsoever. The party that lends, collects, and answers for those transactions is exclusively the Customer.

Nephilim is not a payment processor or a money transmitter. When the Customer accepts card or other electronic payments through Behemoth, it does so by means of independent payment providers with which the Customer maintains its own contractual relationship and in which the Customer is the merchant of record. Nephilim does not take possession or custody of third-party funds.

Nephilim does not provide tax, accounting, or legal advice. The tax and reporting modules are calculation and presentation tools. The determination, filing, and payment of taxes, as well as compliance with the accounting and regulatory obligations applicable to the Customer, are the Customer’s responsibility.

The public sites the Customer publishes with Behemoth are the Customer’s content. The Customer is solely responsible for the products, prices, descriptions, commercial promises, and legal notices that appear there, and for their compliance with the regulations applicable to it.

The Customer designates an administrator user and is responsible for the accounts it creates, for the permissions it grants, and for the confidentiality of the credentials.

All activity carried out from a Customer account is deemed to have been carried out by the Customer. The Customer must notify us immediately of any unauthorized use of which it becomes aware.

The service is contracted on a recurring subscription basis, under the plan in effect at the time of contracting. The limits and features of each plan are published on the site.

Prices may change on prior notice. A price change never applies to a period already paid for.

Nephilim may offer an initial period at no cost. During that period the service is provided in full and with no payment obligation.

When the complimentary period ends, the subscription continues under the plan chosen and billing begins, unless the Customer cancels beforehand. The Customer will be notified before the first charge.

Cancellation and refunds are governed by our Refund and Cancellation Policy, which forms part of these Terms.

All data the Customer uploads to Behemoth is and remains the property of the Customer. Nephilim acquires no rights over it.

Nephilim processes that data solely in order to provide the service and in accordance with the Data Processing Addendum, which forms part of these Terms.

The Customer may export its data while the account is active and during the post-cancellation window set by the Refund and Cancellation Policy.

Use of the service is governed by our Acceptable Use Policy, which forms part of these Terms. A breach of it entitles us to suspend the service.

Nephilim may suspend the service for non-payment once the published grace period has elapsed, for breach of the Acceptable Use Policy, or where necessary to protect the integrity or security of the platform.

Except in cases of imminent risk, suspension is preceded by notice and an opportunity to cure.

The software, trademark, design, and documentation of Behemoth are the property of Nephilim. The Customer receives a limited, non-exclusive, non-transferable, and revocable license to use them for as long as the subscription remains in effect.

The service is provided “as is”. We work to keep it available and secure, but we do not warrant uninterrupted or error-free operation.

Nothing in these Terms limits any right that applicable law declares non-waivable.

To the maximum extent permitted by law, Nephilim’s total liability to the Customer for any claim relating to the service shall not exceed the amount actually paid by the Customer in the twelve months preceding the event giving rise to the claim.

Nephilim is not liable for lost profits, lost business opportunities, or indirect or consequential damages.

We may modify these Terms. Every change is published on this page with a new version and effective date, and is notified to the Customer within the system.

A material change requires the Customer’s acceptance in order to continue using the service. The record of that acceptance — version, date, and origin — is stored in our systems.

These Terms are governed by the laws of the State of Wyoming, United States, excluding its conflict-of-laws rules. Any dispute shall be submitted to the courts of competent jurisdiction of that state.

The Spanish version of these Terms is the binding one. This English version is provided as a courtesy translation; in the event of any discrepancy, the Spanish text prevails.

Nephilim Systems LLC — Behemoth. The contact channels and the mailing address appear in the footer of this site.