Terms of Service

Last Modified: July 2023

Agreement

Please read carefully the Terms of Service ("Terms") provided on this page before accessing or using the Finbooks website or services ("Finbooks," "We," "Us"). By accessing or using Finbooks, you are bound by the Terms outlined here, as well as our Privacy Policy. If you do not agree with these terms, please refrain from accessing or using Finbooks.

Acceptance of the Agreement

To accept this Agreement, you must be of legal age to enter into a binding agreement. If you do not agree to the Terms, you must refrain from using any of our Services. You can indicate your acceptance of the Agreement simply by using the Services.

Description of Service

We offer online accounting software for businesses. You can utilize the Services for personal and business purposes or for internal use within the organization you represent. Access to the Services is possible through any Internet browser supported by the Services. It is your responsibility to have Internet access and the necessary equipment to use the Services. With your user account, you can create and modify content, and if desired, publish and share such content.

Your Rights to Use the Services

The Services provided by Finbooks are protected by intellectual property laws, including copyright and trade secret laws. You are granted a limited, non-exclusive, non-transferable right and license to use the Services solely for the purposes described by Finbooks. All other rights in the Services are reserved by Finbooks. This right and license are granted to you personally and will remain in effect until the termination of this Agreement, as long as you fulfill your applicable payment obligations and comply with the terms of this Agreement.

Free Trial

If you register for a free trial of one or more Services, Finbooks will provide you with access to the applicable Services on a trial basis at no cost. This trial period will continue until the earliest of the following: (i) the end of the free trial period for the applicable Services (unless terminated earlier by you), (ii) the commencement of the paid subscription period for the applicable Services, or (iii) termination by Finbooks at its sole discretion. Please note that any data entered into the Services and any customizations made during the free trial will be permanently lost unless you (i) purchase the corresponding paid subscription plan for your account, (ii) acquire applicable Service upgrades, or (iii) export such data before the trial period concludes. It is important to understand that the Services are provided on an "as-is" basis during the free trial, without any warranties, covenants, support, or liability, to the extent permitted by law.

Account Information and Responsibilities

To access and utilize the Services, you are required to create a user account and provide all necessary information during the sign-up process. If you are representing an organization and intend to use the Services for internal corporate purposes, we strongly recommend that both you and other users from your organization sign up using your corporate contact details. It is particularly advised to use your corporate email address. By signing up, you agree to the following: (i) Provide accurate, current, and complete information about yourself as prompted during the sign-up process. (ii) Keep the information provided during sign-up true, accurate, current, and complete by promptly updating it when necessary. In the event that you provide information that is untrue, inaccurate, outdated, or incomplete, or if Finbooks has reasonable grounds to suspect such misconduct, Finbooks reserves the right to terminate your user account and deny current or future access to any or all of the Services.

Payment

For Services offered on a payment or subscription basis, the following terms apply, unless Finbooks or its third-party affiliate notifies you otherwise in writing. This Agreement also includes the program ordering and payment terms provided to you on the Finbooks website for the Services. Payments will be billed to you in Indian Rupees, or other available currencies, along with any applicable taxes (including VAT, GST, and SST), as specified in the product ordering and subscription terms. Your account will be debited upon subscription and provision of your payment information unless otherwise stated in the program ordering or payment terms on the Finbooks website for the Services. Accepted payment methods include:

  • Valid credit cards accepted by Finbooks.
  • Valid debit cards accepted by Finbooks.
  • Other payment options provided by Finbooks in writing.

It is your responsibility to ensure that your payment and registration information is accurate, current, and complete. If your information changes, you must promptly notify us. Failure to do so may result in the suspension or termination of your account and refusal of Services. Unless the Services subscription is canceled or terminated under this Agreement, Finbooks will automatically renew your monthly, quarterly, or annual Services at the prevailing rates. Additional cancellation or renewal terms may be provided on the Finbooks website for the Services. Occasionally, we may modify the price of a Service or introduce charges for Services that were previously available at no cost. Any price changes will take effect only after the completion of your current billing cycle. Please note that you will not be billed for using any Service unless you have opted for a paid subscription plan.

Restrictions on Use

In addition to all other terms and conditions of this Agreement, you shall not:

  • Transfer the Services or make them available to any third party.
  • Provide any service based on the Services without prior written permission.
  • Share or use user licenses for multiple individuals, except for reassigning the license to a new user.
  • Attempt to disassemble, reverse engineer, or decompile the Services, except as permitted under applicable law.
  • Use third-party links to sites without agreeing to their respective website terms and conditions.
  • Post links to third-party sites or use their logo, company name, etc., without their prior written permission.
  • Attempt to gain unauthorized access to the Services, its related systems, or network.
  • Use the Services in a manner that could damage, disable, overburden, impair, or harm any server, network, computer system, or resource of Finbooks.
  • Use the Services to send or store material containing software viruses, worms, or other harmful computer codes, files, scripts, or programs.
  • Use the Services in a manner that interferes with or disrupts the integrity, security, or performance of the Services, its components, and the data contained therein.
  • Host, display, upload, modify, publish, transmit, store, update, or share any information that belongs to another person or entity without the necessary rights or permissions, including personal or confidential information.
  • Violate any applicable local, state, national, or international law.
  • Use the Services for any form of competitive or benchmarking purposes.
  • Remove or obscure any proprietary or other notices contained in the Services.
  • Use our Services in any manner that threatens the unity, integrity, defense, security, or sovereignty of India, its friendly relations with other countries, or public order; or incites the commission of any cognizable offense or prevents the investigation of any offense, or is insulting to other countries.
  • Use the Services in a manner that relates to or encourages any activity prohibited by law in India.

Third-Party Applications

Finbooks Services are integrated with various third-party applications (referred to as "Third Party Applications"). Accessing and using these Third Party Applications may require your acceptance of their respective terms of service and privacy policies (referred to as "Third Party Terms"). It is your responsibility to carefully read and understand the Third Party Terms before accessing or using any Third Party Application. You acknowledge and agree that Finbooks is not liable for any Third Party Applications. While we will make reasonable efforts to provide you with advance notice whenever possible, you acknowledge and agree that Finbooks reserves the right, at any time and at its sole discretion, without prior notice to you, to suspend, restrict, disable access to, or remove any Third Party Application from the Finbooks Services. This action will not incur any liability on Finbooks, including but not limited to any loss of profits, revenue, data, goodwill, or other intangible losses.

Organization Accounts and Administrators

When creating an account for your organization with Finbooks, you have the option to assign one or more administrators. These administrators will have the authority to configure the Services to meet your organization's requirements and manage end users within your organization account. If a third party creates and configures your organization accounts on your behalf, that third party may assume the role of administrator. It is important to establish a suitable agreement with the third party, clearly defining their roles and restrictions as an administrator of your Finbooks organization account. As the account holder, you are responsible for:

  • Maintaining the confidentiality of your organization account password.
  • Appointing competent individuals as administrators to manage your organization account.
  • Ensuring that all activities conducted within your organization account comply with this Agreement.

Please note that Finbooks is not responsible for the administration and internal management of your Services. To prevent the loss of control over administrator accounts, it is your responsibility to take the necessary steps. If you require a recovery process for regaining control of administrator accounts, you can specify one by contacting Finbooks at [contact email], subject to Finbooks' acceptance of the proposed process. In the absence of a specified recovery process, Finbooks may grant control of an administrator account to an individual who provides satisfactory proof of authorization to act on behalf of the organization. Finbooks cannot be held liable for the consequences of any actions taken in good faith in this regard.

Your Privacy

Your personal information is governed by Finbooks Privacy Policy. Your personal information

Account Suspension, Termination, and Access

We may suspend or temporarily disable your user account or restrict access to certain Services if there is suspected illegal activity, extended periods of inactivity, or upon requests from law enforcement or government agencies. If you object to the suspension or disabling of your user account, please contact us at XYZ@finbooks.com within 10 days of receiving the suspension notice. After 10 days, we may terminate a suspended or disabled user account. You also have the right to request the termination of your user account. Furthermore, we reserve the right to terminate your user account and deny Services if we reasonably believe that you have violated the Agreement. Termination of your user account will result in the denial of access to all Services, deletion of your account information (including email address and password), and removal of all data associated with your user account.

Communications

Finbooks may be obligated by law to send you communications regarding the Services or third-party products. By accepting this Agreement, you consent to receive these communications from Finbooks. These communications may be delivered to you via email or by being posted on our websites.

Complaints

If Finbooks receives a complaint from any individual regarding your use of the Services, we will forward the complaint to the primary email address associated with your user account. You are required to respond directly to the complainant within 10 days of receiving the forwarded complaint, while also copying Finbooks in the communication. Failure to respond within this timeframe may result in Finbooks disclosing your name and contact information to the complainant, allowing them to take legal action against you. By not responding within the specified time, you acknowledge and consent to Finbooks disclosing your name and contact information to the complainant.

Data Ownership

Finbooks respect your ownership rights over the content created or stored by you. You retain ownership of the content you create or store. Your use of the Services does not grant Finbooks a license to use, reproduce, adapt, modify, publish, or distribute your content for commercial, marketing, or similar purposes without your explicit permission. However, by using the Services, you grant Finbooks permission to access, copy, distribute, store, transmit, reformat, publicly display, and publicly perform the content in your user account solely for the purpose of providing the Services to you.

Sample Data

Finbooks may offer sample data in the form of images or videos in the user guide or the Platform to showcase the potential use of the Services for specific purposes. Please note that any information contained in these samples is comprised of random data. Finbooks provides no warranty, whether express or implied, regarding the accuracy, usefulness, completeness, or reliability of the information or the samples.

Disclaimer of Warranties and Limitation of Liability

Your use of the Services is at your own risk. The Services are provided "as is" and "as available," and Finbooks does not provide any warranties, express or implied, including merchantability or fitness for a particular purpose. Finbooks does not guarantee uninterrupted, timely, secure, or error-free Services. You are solely responsible for any risks associated with the download or use of materials obtained through the Services. Any advice or information obtained from Finbooks or its representatives does not create any warranty not expressly stated in this Agreement. Finbooks shall not be liable for any consequential, incidental, indirect, special, or punitive damages, including loss of profits, business interruption, co*mputer failure, or loss of business information, arising from or related to your use or inability to use the Services, even if Finbooks has been advised of the possibility of such damages.

Indemnity

You agree to indemnify and hold Finbooks, its officers, directors, employees, suppliers, and affiliates harmless from any losses, damages, fines, and expenses (including attorney's fees and costs) arising from claims related to your violation of another party's rights, any laws, or any provisions of this Agreement, except where authorized by Finbooks.

Governing Laws

These Terms are governed by the laws of the Republic of India, and any disputes arising in relation to these terms will be submitted to the competent courts in India, specifically the courts in the State of Kerala, which shall have exclusive jurisdiction.

Updates to Terms of Service

We may periodically update our Terms of Service without prior notice. We will notify you of any changes by updating the "Last Modified" date of these Terms. By using our website or services, you waive the right to receive specific notice of each change. It is your responsibility to regularly review these Terms and stay informed about any updates. If you continue to use our website or services following the updates, it signifies your agreement and acceptance of the changes.

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