Please, review the agreement terms (“Agreement”) thoroughly before using the software services of Nammabilling Limited (referred to as “Nammabilling”, “we”, “our”, or “us”). This is a legal agreement between Nammabilling Limited and a person competent to contract under Indian Contract Act, 1872 (“You”, “User” or “Users”) for the Nammabilling Software Services. By accepting these agreement terms electronically or by any other means like accessing and/or using the Nammabilling Software Services, you (assumed a person competent to contract under Indian Contract Act, 1872) agree to the agreement terms and it indicates that you have read, understood and assent to be bound by the terms of this Agreement. If the person accepting, accessing, and/or using the Nammabilling software services is an individual working for some other person/company as a representative (“Agent”), this agent is agreeing to the terms and conditions of this Agreement on behalf of such person/company and represents and warrants to Nammabilling that he/she has full authority to enter into this Agreement on behalf of such person/company. If, anyhow you don’t agree to the Agreement terms, you may not use the Nammabilling Software Services.
This Agreement hereunder read and describes the terms governing the use of Nammabilling Software Services which may be licensed on a monthly or yearly subscription basis, as offered and selected by you or your agent provided through the Nammabilling website including all software, cloud, content, platform, forum, information, updates and releases collectively, the “Services” and it includes by reference.
2.1 The Nammabilling Software Services are protected by intellectual property laws in India and users are granted the right to use the Software Services only for the purposes described by Nammabilling. Nammabilling grants the users a limited, personal, non-exclusive, non-transferable license and right to use the Software Services. Nammabilling reserves all other rights in the Nammabilling Software and Services.
2.2 If users are registered for a trial version of Nammabilling software services (“Trial Period”), they must decide to subscribe to a license of the Nammabilling Software Services, at the current rate, within the Trial Period itself in order to retain any content that they have entered through the Nammabilling Software Services, created, posted and/or uploaded during such Trial Period. If they do not subscribe to a license of the Nammabilling Software Services by the end of the Trial Period, their content will no longer be available to them.
Nammabilling may include new and/or updated beta features (“Beta Features”) in the Nammabilling Software Service from time to time and at its sole discretion, for use and which permit users to provide feedback (fees may or may not apply). Users hereby accept and agree that the use of the Beta Features is voluntary and Nammabilling is not under any obligation to provide them with any Beta Features in the future. Users hereby understand that once they have used the Beta Features, they may not be able to revert back to the earlier non-beta version of the application. Further, if such reversion is possible, you may be unable to return or restore data created with the Beta Feature back to the previous non-beta version. The Beta Features will be provided on an “as is” basis and may contain errors or inaccuracies that could cause loss, or corruption of data and/or information from any related device. Users accept and agree that the use of the Beta Features is at their sole risk.
2.3 Users accept and agree that in order to provide them with access to and use of the Nammabilling Software Services, Nammabilling may provide their access information and account data to (i) their employee or agent who is identified in the registration data as the authorized user for their account (the “Authorized User”), and (ii) such other employee or agent who may be designated by them as a replacement authorized user for their account by following the procedures required by Nammabilling to effectuate such replacement. Any other person they identified as an authorized user of the Nammabilling Software Services will have access to the account data subject to the access permissions assigned to them by the Users.
2.4 You accept and agree not to use or not to permit any third party, the use of the Software Services that is not according to this agreement, regulation, and/or any other applicable law. You agree not to:
2.5 Fair usage policy: The software has been designed for SMEs, tax professionals, and/or for their personal use. This clause restricts that any user who buys a license or gets the opportunity to use it free under any MoU or offer shall not have the right to further sale/lease/rent or sub-sale/lease/rent user access to any third party or person. We want our users to enjoy the pool of applications without hindrance. Our Fair Use Policy is there to make sure our customers have the best experience possible. There may be some users who have created so many businesses under one license that it might adversely affect the software bandwidth quality and deteriorate user experience for other users. We also want to make sure everyone gets the best user experience under their chosen price/user plan. So, to make sure everything is running smoothly, we continuously monitor the usage and the number of businesses created under each license. Where the limit exceeds the internal threshold limit and we understand with the best of our belief that the user is trying to take unnecessary advantage of the usage policy, we restrict the access and request to upgrade their plan. The internal threshold limit is an internal matter and may be changed without any advance notification. Currently, the internal limit of business under any license is 100 businesses. As a SaaS-based product, we serve and support all our users so that they can maximize the business benefits, Generally user support requirements are two types i.e. software-related and data-related. To serve best we allow our users to avail unlimited software-related support and in case of data (any data entry, support return filing with data analysis, help in data entry, or data migration) related support there will be a limited number of support, currently we are allowing data related support for maximum 10 first created business.
3.1 In connection with the use of the Nammabilling Software Service and as part of the functionality of certain versions of the Nammabilling Software Services, users may wish to have access to their online account(s) and financial information, including their account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access their financial institution(s) (“Financial Login Data”) and the data made available by their financial institutions(s) with such data, which may include bank balances, transaction activity, credit card charges, debits and deposits, and any messages or notices between them and the financial institution(s) (“Financial Account Data”).
The Nammabilling Software Services are designed to allow users to access and download their Financial Account Data through the Nammabilling Software Services, to allow Nammabilling to access their financial institution account(s) using their Financial Login Data, to allow Nammabilling to download and use their Financial Account Data, and to allow Nammabilling to aggregate and combine their Financial Account Data with other data.
If users lose or forget their username or password, it will be necessary for them to return to the appropriate financial institution if they have any problems with respect to that username or password.
Users accept and agree that except as set forth in this Agreement, Nammabilling has no control over their Financial Login Data and no control over the access to their Financial Account Data, does not guarantee that they will be able to use the Nammabilling Software Service with their financial institution(s), and will have no liability whatsoever for any actions or inactions on the part of the financial institution(s) resulting in their inability to use the Nammabilling Software Service to access their accounts, obtain data, download transactions, or otherwise use or access their Financial Account Data.
The users:
Users may have the option for Nammabilling to transfer their data files from the Nammabilling Software Service in order to facilitate certain interoperability, data integration, and data access between the Nammabilling Software Service and certain supported ancillary services (the “Ancillary Services”) users may sign up for and use in connection with the Nammabilling Software Service (the “Online Data Transfer”).
If users select the Online Data Transfer option, a copy of all or part of their company data files will be transferred via the Internet to Nammabilling servers; where users grant Nammabilling the right and license to:
If users sign up for any Ancillary Services that support Online Data Transfer, they will have the option to request that Nammabilling send their data to any of those supported Ancillary Services. If a supported Ancillary Service is provided by a third party, users authorize Nammabilling to transfer their data to and from the third-party provider to enable the provision of the Ancillary Services to them. Nammabilling will support and maintain the data transfer service as part of the Nammabilling Software Service. Users agree that the third-party provider may transfer users’ data from the Ancillary Service to Nammabilling, and that, Nammabilling may use such data subject to the terms of this Agreement. Users accept and acknowledge that Nammabilling has no control over any third-party provider or any third-party Ancillary Services. Users’ use of the Ancillary Service is subject to additional third-party terms and conditions. Users hereby further accept and agree that their data, including their financial or personal information, may be transferred to a third-party service provider who may be located in a country that does not have adequate security controls to protect their data.
Nammabilling shall have the right, in its sole discretion and with reasonable notice posted on the Nammabilling site and/or sent to you at the current registered email address provided in the Registration Data, to revise, update, or otherwise modify the Nammabilling Software Service and establish or change limits concerning use of the Nammabilling Software Service, temporarily or permanently, including but not limited to:
The following payment terms and conditions apply on subscriptions unless Nammabilling notifies it in writing otherwise:
The registration and payment information should be accurate, current, and complete and the user should notify us immediately when any such information changes. We may suspend and/or terminate any account/services if the registration and payment information is not accurate, current, and complete.
The use of our software services may be available on compatible mobile devices and may require additional software and internet service. You accept and agree that you will be solely responsible for these requirements and the terms of such service providers.
Nammabilling gives no assurance, warranties, or any representation, express or implied as to:
Users can go through the Nammabilling Privacy Statement provided on the Nammabilling website. You accept and agree to the Nammabilling Privacy Statement, and changes published by Nammabilling. Users/You accept and agree that as part of the software services, Nammabilling may use and maintain users/your data according to the Nammabilling Privacy Statement. Users/You also give permission to Nammabilling to aggregate non-personally identifiable data/information that users/you enter and/or upload with that of other users of the Services. This means that Nammabilling may use that aggregated data and information to improve software services, send communication and promotional messages, design service promotions, and/or compare business practices with other software service users.
7.1 Users/You are legally responsible for all their/your content which includes but is not limited to any data, information, text, graphics, software, and/or other materials (“Content”), which is used through their/your use of the software services. Users/You grant Nammabilling a free worldwide non-exclusive license to host and use the content in order to provide them/you with the software services. Users/You are advised to regularly backup/archive their/your content. Users/You are personally responsible for any content that may be lost and/or un-recoverable through their/your use of the software services. Users/You accept and agree that they/you will not use the software services to use any information or data that is not in accordance with the law of India. Any users suspected of having information that involves any activities prohibited by law may have their software services terminated; and data deleted and also may be reported to law enforcement agencies in India. Nammabilling is not responsible for any content you submit on the Nammabilling website.
Users/You accept and agree not to use the Nammabilling software services to publish, upload, link to, reproduce, transmit, and/or engage in any of the following, including but not limited to:
7.2 Expert and community forums on the Nammabilling website. The software services may include an expert and community forum and/or other social features to exchange views, information, and content with other users of the software services and to the general public. Users should be cautious while interacting with other users and should not post any data or information that they do not want to share with the general public. Users/You may publish hypertext links to the content of third parties and Nammabilling will not be responsible for anything in this regard.
7.3 Nammabilling will be freely using feedback from the users of software services. Users/You accept and agree that Nammabilling may use such advice, feedback, and requests in any way, including modifying of the software services, marketing means, and/or other services. Users/You grant Nammabilling a free worldwide non-exclusive license to use the feedback you provide to Nammabilling in any manner.
7.4 At its sole discretion, Nammabilling may monitor users’ content but has no obligation to monitor content on the software services. Nammabilling may disclose any information under any legal obligation to law enforcement agencies, to protect Nammabilling or its software service users and/or operating the software services effectively. Nammabilling, may post, refuse to post, remove, or refuse to remove, any content entirely or any part thereof, which is inappropriate, and/or in violation of the terms of this agreement.
7.5 Nammabilling may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among anyone who has registered to use them. Any content users post, such as pictures, information, opinions, or any Personal Information that users make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.
Nammabilling may tell users about third-party products or services, including via the Service. Nammabilling may offer products and services on behalf of third parties who are not affiliated with Nammabilling (“Third Party Products”) and/or provide access or links to third-party websites (“Third Party Sites”). If users decide to use any Third Party Products or access any Third Party Sites, they are solely responsible for their selection, and review of separate product terms, website terms, and privacy policies. Nammabilling is not affiliated with these Third Party Products or Third Party Sites and does not endorse or recommend Third Party Products even if such products are marketed or distributed via our products, website, or associated with Nammabilling in any way. Users agree that the third parties, and not Nammabilling, are solely responsible for the Third third-party product’s performance (including technical services), the content on their websites, and their use or disclosure of users’ data. Nammabilling will not be liable for any damages, claims, or liabilities arising from third parties, Third Party Products or Third Party Sites.
Users accept and agree that they will:
9.1 Nammabilling does not give any professional advice under this agreement. Unless specifically included with the other professional services agreement, Nammabilling does not provide any professional services or advice. Nammabilling recommends users consult a competent professional when any professional advice/services are required.
9.2 Nammabilling may offer other services to the users and additional fees, terms, and conditions may apply.
9.3 Communications. Users/You accept and agree that Nammabilling may send them/your communication via email or by posting them on websites under any law, any other services, and/or third-party products/services.
9.4 Users/You will manage their/your passwords and accept application updates from time to time. Users/You are responsible for managing their/your password(s) securely for the software services and to contact Nammabilling in any case. The software services may periodically be updated by any means to improve the software services and users/you agree to receive the updates from time to time.
10.1 Use of Nammabilling software services and its contents is entirely at your own/users’ risk. Except as described in this agreement, the software services are provided “as is.” to the maximum extent permitted by applicable law. Nammabilling disclaims all express or implied warranties. Nammabilling does not warrant that the services are free from bugs, interruption, and errors and secure.
10.2 Nammabilling disclaims any warranties or re-presentation that the use of the Nammabilling software services will ensure compliance with any law, regulations, and/or legal obligations.
Notwithstanding, no provision of this agreement shall exclude or limit liability to the extent such exclusion or limitation is prohibited by the applicable laws of India and Nammabilling does not intend to exclude or limit liability which cannot be lawfully excluded by contractual agreement of the parties.
The entire liability of Nammabilling for all claims relating to this agreement shall be limited to the amount users paid for the services during the twelve (12) months prior to such claim subject to the maximum extent permitted by applicable law.
Subject to applicable law, Nammabilling is not liable for the following in any case:
Users/You accept and agree to indemnify and hold Nammabilling and its officers harmless from any and all claims, expenses, and other liabilities, including reasonable legal fees and costs, arising out of users/your use of the software services or breach of this Agreement anyway (collectively referred to as “Claims”).
Nammabilling reserves the right to amend or change the terms of this Agreement at any time, and all the amendments and changes will be effective as and when posted through the Services, on the Nammabilling website for the software services or when Nammabilling notifies by any other communication means. Nammabilling may also change or discontinue the software services, in its entirety or in parts. User’s continued use of the Nammabilling software services indicates their consent and agreement to the amendments and changes.
Nammabilling may terminate a free trial account at any time. Further, Nammabilling, in its sole discretion and without notice may immediately terminate this Agreement or suspend the software services if users fail to comply with any terms of this agreement or if users no longer accept or agree to receive any communication. Upon termination, users must stop using the software services immediately. Any termination of this Agreement shall not affect Nammabilling rights to claim and receive any payment due to it and sections 2.2, 3 through 16 will survive and remain in effect for users, even if the Agreement is terminated.
Upon cancellation by users, users will be able to access the Nammabilling Software Service only through the end of the subscription term. After the subscription term ends, users will not have any access to the Nammabilling Software Service. Please request Nammabilling on its website to cancel your account.
There are no refunds upon cancellation and/or termination of the Nammabilling Software Services.
This Agreement shall be governed by, subject to, and interpreted in accordance with Indian Laws, and any dispute arising relating to this Agreement, or the breach thereof, whether occurring while this Agreement is in effect or thereafter, shall be submitted exclusively to binding arbitration pursuant to the (Indian) Arbitration and Conciliation Act, 1996 by an arbitrator selected in accordance with such Act and agreed to by the parties. The arbitration proceeding shall take place in New Delhi, India, and shall be conducted in the English language, including notices between the parties. Notices between the parties shall be by certified or registered mail, return receipt requested, and shall be deemed given upon receipt at the address of the recipient party or twelve (12) days after deposit in the mail. If the notice is to Nammabilling, it shall be sent to the attention of the Nammabilling Legal Department.
This Agreement is written and published in English language and the parties hereby confirm that they have requested that this Agreement and all other related documents be drafted in English.
This Agreement, including all the Terms, is the entire agreement between users and Nammabilling and replaces all other communications, understanding and agreements on this subject matter. If any court of law, having the jurisdiction, rules that any section or part of this Agreement is invalid, that part or section will be removed without affecting the remainder of the Agreement and the remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Users cannot assign or transfer ownership of this Agreement to anyone without the written consent of Nammabilling. However, Nammabilling may assign or transfer it without users consent to (a) any affiliate, (b) a company through a sale of assets or (c) a successor by merger or other means. Further, any assignment in violation of this Section shall be void.