Terms of Services

PLEASE READ CAREFULLY THIS AGREEMENT AND ANY REPLACEMENT OR AMENDMENT HEREOF BEFORE USING OUR SERVICES AND/OR ANY UPDATE THEREOF, AS APPLICABLE.

This agreement (hereinafter referred to as the "agreement" or the "license agreement") is a mandatory, legal and valid agreement between Codiastic Soft Private Limited, having its headquarters in Pune (India) (hereinafter referred to as "CODIASTIC SOFT" and/or "we" and/or "our" and/or "us"), and you (hereinafter referred to as "you" and/or "your" and/or the "user"), for using the CODIASTIC SOFT Software Product/Services (as defined below).

CODIASTIC SOFT Product/Services is a software that may allow user(s) to draft and/or send different documents, including without limitation invoices, sale orders, quotations, delivery notes, purchase orders, and/or automatically send different documents including payment reminders, track inventory movement and/or received payments, as well as to be used for any other purposes expressly allowed by CODIASTIC SOFT, mainly using the interfaces (the "User Interface") and/or the drafts and/or the templates of the documents, accessible from the website www.billingsoftwareindia.in.

By using the CODIASTIC SOFT Services and/or of any update and/or of any parts thereof and/or by pressing any acceptance and/or agreeing button, you expressly and unconditionally accept all the terms and conditions of this agreement, including as they will be replaced or amended from time to time. If you do not wish to fully and adequately respect the terms and conditions, do not use the CODIASTIC SOFT Services.

Under the condition of unconditional, full and adequate acceptance and respect by you of the terms and conditions of this agreement, CODIASTIC SOFT will grant you a limited, nonexclusive and nontransferable right to use the CODIASTIC SOFT Services according to the terms and conditions of this agreement, only for the period of time during which you unconditionally, fully and adequately respect the terms and conditions, and only until the moment when the present agreement terminates.

You expressly acknowledge and agree to use the CODIASTIC SOFT Product/Services for the purposes expressly mentioned in this agreement and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. You have the right to use the CODIASTIC SOFT Product/Services only as end user. The use of the software except as permitted in this agreement is strictly prohibited and may subject you to civil and criminal penalties.

CODIASTIC SOFT Services include, without limitation, CODIASTIC SOFT Product/Services and/or templates of the documents and also any subsequent upgrade, replacement, restoration, update of the CODIASTIC SOFT Services by CODIASTIC SOFT.

Except otherwise expressly permitted by CODIASTIC SOFT, in order to use the CODIASTIC SOFT Services you must pay a license fee. The license fee(s) for using the CODIASTIC SOFT Services may also be as subscription fee(s). Different license fee(s) may apply for using different version(s) of the CODIASTIC SOFT Services and/or for using different part(s) and/or functionalities.

If you want to pay a license fee, you must designate from the site a payment method you are authorized to use and provide us with accurate and up-to-date billing and payment information. We will bill you the license fee, including any applicable taxes, fees and surcharges, through the payment method you designate. License fee(s) must be paid in advance.

You agree that all license fee(s) and other payments are non-refundable even if you eventually stop using the CODIASTIC SOFT Services, except otherwise expressly specified in the present agreement. CODIASTIC SOFT may also offer a free limited version of the Software as mentioned on the website.

CODIASTIC SOFT offers you a 15-day return policy ("return policy" or the "refund policy") from the moment of paying the first license fee for the Software, subject to the conditions mentioned below.

To obtain a refund, please notify CODIASTIC SOFT to the email mentioned on the website, from the email used to process payment, within maximum 15 calendar days from the moment of paying the first license fee after creating the account. We will then process a refund of the paid license fee minus payment processing fees, in the same account from which the license fee was paid.

In order to benefit from the refund you must notify CODIASTIC SOFT using the following format: To: Codiastic Soft Private Limited I hereby give notice that I want to benefit of the refund policy for the license fee paid and I am eligible for refund. Registered Email ID: Registered Phone No.: Date of Purchase:

Terms of Refund: • It has not exceeded 15 days from the date of the transaction. • Features are not delivered as per the listed plan on https://billingsoftwareindia.in/pricing/ based on your edition and CODIASTIC SOFT is not delivering the same upon your request. • Software license has never been used for activating the software.

The present agreement is valid for the promotional or the (free) trial periods or for the period for which you have paid/were charged the license fee(s), unless otherwise terminated according to the present agreement and/or with the legal regulations in force.

CODIASTIC SOFT shall use reasonable endeavors to send you, before the end of the period(s) for which you have paid/were charged the license fee(s), reminders for extending/renewing the license agreement. If you are not extending/renewing the license agreement, CODIASTIC SOFT shall use reasonable endeavors to downgrade your account to the free version. If no downgrade was performed, CODIASTIC SOFT shall delete your account and the agreement shall be rightfully terminated at such date.

For the free version, the present agreement is valid for a period of 30 days from the moment of activating the account and will automatically extend for successive periods of 30 days if none of the Parties notifies the other Party of termination before expiration of each validity period. Electronic communications are full means of proof regarding the legal relationships between the parties.

CODIASTIC SOFT retains the full ownership of the CODIASTIC SOFT Services and reserves all the rights not expressly granted to you. You acknowledge and agree that CODIASTIC SOFT owns all legal right, title and interest in and to any part of the CODIASTIC SOFT Services including any and all intellectual property rights, whether registered or not, and wherever in the world they may exist.

You further agree that the CODIASTIC SOFT Services may contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including copyright. You agree that you will not use such proprietary information or materials in any way except for use of the Software in compliance with this agreement. The Software is licensed and not sold to you by CODIASTIC SOFT.

The documents available through the Software are provided on an "as is" and "as available" basis. CODIASTIC SOFT does not represent, guarantee or warrant that any documents are according with any applicable laws and/or in any applicable jurisdiction. CODIASTIC SOFT is not providing any legal, financial, accounting, tax, health care, real estate or other professional services or advice.

CODIASTIC SOFT, at its sole discretion, can provide you with updates. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. CODIASTIC SOFT may update from time to time the Software, including by introducing new specifications, which can be implemented automatically. Continued use of the Software after any such updates shall constitute your consent to such updates.

CODIASTIC SOFT reserves the right to update and change the terms and conditions from time to time without notice. It is your exclusive responsibility to check the terms and conditions each time you use the CODIASTIC SOFT Services. Continued use of the Software after any such update shall constitute your consent to the updated terms. In case you do not agree with such updates, you have the right to terminate the present agreement and your account with immediate effect.

Use of the Software may require a valid license and/or compatible devices and/or internet access and/or certain software and/or periodic updates. You agree that meeting these requirements is your responsibility.

In order to be a registered user of the Software you must activate your license. Registrations through any automated methods are not permitted. Do not reveal your license/account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your license/account and for all activities that occur on or through your license/account.

You further acknowledge and agree that the Software is designed and intended for use on an individual basis — you should not share your account and/or password details with another person. Failure to provide accurate, current and complete information may result in the suspension and/or termination of your account.

CODIASTIC SOFT shall not be responsible for any losses arising out of the unauthorized use of your license resulting from your failure to comply with these security obligations.

You expressly acknowledge and agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Software (or any part thereof) for any purpose.

You may not: a) Sell, rent, transfer or sub-license the license of this Software; b) Republish materials from this Software; c) Sell, rent, transfer or sub-license material from the Software; d) Use the materials for any commercial purpose or for any public display; e) Attempt to decompile or reverse engineer any software contained by CODIASTIC SOFT Services; f) Remove any copyright or other proprietary notations from the materials; g) Transfer the materials to another person or "mirror" the materials on any other server.

You may not use the CODIASTIC SOFT Services to: (1) engage in any copyright infringement or other intellectual property infringement; (2) invade the privacy right of any person or entity; (3) upload any content that is unlawful, harassing, threatening, harmful, tortious, defamatory, obscene, or otherwise objectionable; (4) impersonate any person or entity; (5) conduct fraudulent or other illegal activities; (6) resell, transfer or sublicense any aspect of the Software.

To the maximum extent permitted by law, you acknowledge and agree that the use of the CODIASTIC SOFT Services shall be done on your own responsibility and at your own risk. CODIASTIC SOFT Services are made available on an "as is" and "as available" basis, without any type of warranty. CODIASTIC SOFT does not assume any kind of responsibility and does not grant any kind of warranty regarding the Services, either implied or express.

CODIASTIC SOFT does not represent or guarantee that the CODIASTIC SOFT Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion. CODIASTIC SOFT disclaims any liability relating thereto.

To the maximum extent permitted by law, CODIASTIC SOFT is not liable for any kind of damages, including direct and/or indirect damages, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use, data, cost of procurement of substitute goods or services, or other intangible losses. In jurisdictions where such exclusion is not permitted, our liability shall be capped at the aggregate of license fees paid by you.

To the maximum extent permitted by law, you acknowledge and agree that you cannot export or re-export the Software and/or the content. Use of the CODIASTIC SOFT Services may be subject to the export and import laws of different countries. You agree to comply with all applicable export and import laws and regulations.

You agree that you will not use the CODIASTIC SOFT Services for any purposes forbidden by any applicable legislation, including without limitation the development, design, manufacturing, production and/or selling of missiles, nuclear, chemical or biological weapons.

Some parts of the Software can use or include software from third parties and other materials protected by copyrights. The licensing conditions and liability limitations for such software must be observed by you in addition to the terms and conditions of this agreement.

This agreement will be construed and governed by the Indian law, which is the applicable law in case of any disputes that may occur in relation to this agreement, excluding the possibility of reference to conflict of laws. This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

The parties to this agreement agree that any dispute arising out of or in connection with the Software and/or this agreement, including the conclusion, execution, or termination, shall be settled by the competent courts from India.

In case any provision of this agreement is and/or becomes void, illegal, invalid or inapplicable, it shall not affect the validity or applicability of the other contractual clauses, which shall continue to be in force and to produce legal effects.

The user has the obligation to defend and indemnify CODIASTIC SOFT for and against any claims, complaints and/or lawsuits, damages, costs, charges and expenses of any kind that may arise from your failure to comply with any of these terms and conditions.

You cannot sue CODIASTIC SOFT as a result of its decision to suspend or terminate your access to the CODIASTIC SOFT Services, or to take any other action during the investigation of a suspected violation. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.

The user is not entitled to assign this agreement and/or to transfer otherwise, in total or in part, any of the rights and/or the obligations arising from this agreement without the prior written consent of CODIASTIC SOFT. The user agrees that CODIASTIC SOFT can assign this agreement to a third party, the assignment producing effects towards the user from the moment the substitution is notified.