These Terms of Service are between you and BumiSoft LLC, a State of Wyoming, United States limited liability company ("BumiSoft LLC", "we", "us").BumiSoft LLC operates the software platform. For food orders in Malaysia, MKN Technologies acts as Merchant of Record — see Consumer Ordering Terms (Marketplace Terms) for details.
By accessing and using BumiSoft's services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service. These Terms constitute a legally binding agreement between you and BumiSoft LLC regarding your use of the Bumi platform.
BumiSoft LLC provides a comprehensive business management platform (the "Platform" or "Service") that includes:
2.1 Platform vs. Marketplace Services: BumiSoft operates the software platform only. For food ordering and related services, independent Territory Services Providers (TSPs) in each jurisdiction act as the Merchant of Record. See Consumer Ordering Terms (Marketplace Terms) for details on your local TSP.
2.2 Third-Party Services: The Platform integrates with third-party payment processors, hosting providers, and other services. Your use of these services is subject to their respective terms.
To use our services, you must create an account. You are responsible for:
You agree not to use the service for any unlawful purposes or to conduct any unlawful activity, including but not limited to:
Subscription fees are billed in advance on a recurring basis (monthly or annually) according to your selected plan.
Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the service, to understand our practices regarding the collection and use of your personal information.
We comply with applicable data protection laws, including GDPR for EU users. You retain ownership of your business data, and we will not share it with third parties except as necessary to provide our services or as required by law.
For data subject requests under GDPR or similar laws, please contact us at [email protected]
The service and its original content, features, and functionality are and will remain the exclusive property of BumiSoft LLC and its licensors. The service is protected by copyright, trademark, patent, and other intellectual property laws of the United States and foreign jurisdictions.
7.1 Ownership: BumiSoft LLC owns all right, title, and interest in and to the Platform, including all software, code, designs, trademarks (including "Bumi" and associated logos), trade secrets, and proprietary technology. You receive a limited license to use the Platform according to these Terms.
7.2 License to TSPs: Territory Services Providers receive a limited, non-transferable, non-exclusive license to use the Platform for providing marketplace services in their designated territories, subject to separate Platform Access Agreements.
7.3 User Content: You retain ownership of content you upload to the Platform (business data, menus, etc.). You grant BumiSoft a worldwide, non-exclusive license to use, store, and process this content solely to provide and improve the Service.
We may terminate or suspend your account and access to the Service:
Upon termination, you will have 30 days to export your business data, subject to any outstanding payment obligations and our standard export procedures. We are not liable for any loss of data that occurs after the export period.
9.1 Exclusion of Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUMISOFT LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
9.2 Liability Cap: IN NO EVENT SHALL BUMISOFT LLC'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO BUMISOFT IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
9.3 Territory Services Provider Liability: For disputes related to food orders, delivery, or marketplace transactions, liability is governed by the applicable TSP's terms and subject to local consumer protection laws. BumiSoft's liability for the software platform remains subject to the cap in Section 9.2.
9.4 Essential Purpose: THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BUMISOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect.
If you use our API or integrate with third-party services through our platform:
PLEASE READ CAREFULLY: By agreeing to these Terms, you agree to resolve disputes through binding arbitration, not in court. You waive your right to participate in class actions, collective actions, or jury trials. This affects your legal rights. See below for details and opt-out procedures.
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of the Arbitration Agreement below.
(a) Agreement to Arbitrate: You and BumiSoft agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved exclusively through binding arbitration on an individual basis, except as provided below.
(b) Covered Disputes: This includes disputes about the interpretation, enforceability, or formation of these Terms, privacy, data use, billing, service quality, or any aspect of your relationship with BumiSoft.
(c) Arbitrator Authority: The arbitrator shall have exclusive authority to resolve any dispute about the arbitrability of any claim, including threshold questions about the formation, scope, or enforceability of this Arbitration Agreement.
(d) Arbitration Rules: Arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in English and may be held:
YOU AND BUMISOFT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING.
The arbitrator may not consolidate more than one person's claims or preside over any form of class, collective, coordinated, consolidated, mass, or representative proceeding unless all parties specifically agree in writing after the dispute arises.
Severability: If a court determines that this Class Action Waiver is unenforceable for a particular claim or remedy, that claim or remedy (and only that claim or remedy) must proceed in court and will be severed from arbitration. All other claims remain subject to arbitration.
Neither you nor BumiSoft shall bring or participate in any proceeding that involves 50 or more similar claims arising from similar circumstances. If such a proceeding is initiated, either party may request that claims be processed in groups of no more than 100 with individual arbitrators for each group.
Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdiction. Additionally, either party may seek injunctive or other equitable relief in court to prevent irreparable harm pending arbitration.
Nothing in this Arbitration Agreement prevents you from reporting issues to regulatory authorities or participating in investigations by regulatory authorities.
You may opt out of this Arbitration Agreement and Class Action Waiver by sending written notice to BumiSoft LLC, Attn: Legal Department, 30 N Gould St Ste R, Sheridan, WY 82801, USA within 30 days of first accepting these Terms. Your notice must include your name, address, email associated with your account, and a clear statement that you wish to opt out. Opting out does not affect any other provisions of these Terms.
For disputes related to food orders, delivery, or transactions where a Territory Services Provider (TSP) acts as Merchant of Record, such disputes are primarily governed by the TSP's local terms (see Consumer Ordering Terms (Marketplace Terms)). This Arbitration Agreement applies to disputes directly with BumiSoft regarding the software platform, SaaS subscriptions, and related services.
TO THE EXTENT PERMITTED BY LAW, YOU AND BUMISOFT WAIVE ANY RIGHT TO A JURY TRIAL in any action or proceeding, whether in court or arbitration.
If you have any questions about these Terms of Service, please contact us at [email protected]
