This End User License Agreement ("Agreement") shall be considered a legally binding agreement between You and Tech Account Private Limited (hereinafter referred to as "the company"), incorporated under Companies Act, 2013, having its registered office at 428, Unnati Tower, Vidhyadhar Nagar, Jaipur, for the use of the Product as defined below.
Table of Contents
- Product
- License
- Support
- Intellectual Property and Ownership
- License Fees
- Refund Policy
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Confidentiality
- Term and Termination
- Amendment
- Miscellaneous
This website/software is created for the purpose of importing E-Commerce Sellers, Payment Gateway merchants data into Tally accounting software by way of uploading excel reports on this website or providing merchant API keys. It is mandatory for You to read the terms and conditions of this Agreement carefully before sign-up, sign-in on this website or obtaining a license, or otherwise accessing or using the Product.
By clicking on the "I AGREE" or similar button while sign-up, sign-in, copying or using the Product, You are agreeing to be legally bound by the herein contained terms of this Agreement.
1. Product
As used in this Agreement, the term "Product" means: (i) the "https://tally-integration.in" website and the components thereof, which may include tally customized TDL (including TCP file); (ii) all the contents of the disks, CD-ROMs, e-mails and any attachments, or other media with which this Agreement is provided; (iii) any related explanatory written materials ("Documentation"); (iv) copies of the Product, patches for possible errors in the Product, additions to the Product, extensions to the Product, modified versions of and upgrades or improvements to the Product.
2. License
2.1 Sign-Up
In order to use the Product, You must sign-up at https://tally-integration.in and download the necessary Tally TDL (or TCP) files. At the time of sign up, You accept the terms of this Agreement.
2.2 Activation
The Product shall be activated based on your email id and mobile number provided to the company. You shall be responsible for securing and maintaining your user id and password. Any failure in accessing your email id and/or mobile number provided to the company shall result in the failure to access the Product.
2.3 Demo
Company shall provide to you, at your option, a 3 days trial period wherein you can import a maximum of 500 (five hundred) transactions/items/ledgers in aggregate. Upon expiry of trial period of 3 days or exhausting the Transaction Limit, whichever is earlier, the demo period shall expire. No License Fee shall be charged for the demo period.
2.4 Plans and Packages
On or before the expiry of Demo Period Expiry Date, You must subscribe to the Product by choosing one of the Packages and paying the License Fee. "Package" shall mean various packages with options such as single Company usage plan, multiple Company usage plan or any other plan that may be offered by the company from time to time.
2.5 Shipping & Delivery
Subject to full and ongoing compliance with this Agreement and payment of License Fees, the company shall deliver the Product within 24 hours via email — meaning activation of license on your registered email ID with a product download link.
2.6 License Restrictions
You shall not: (a) modify, reverse engineer, decompile, or disassemble the Product; (b) adapt or create derivative works; (c) distribute copies to anyone; (d) resell, assign, lease, or sublicense the Product; (e) use the Product to transmit viruses or interfere with security features; (f) use the Product for any unlawful purpose.
3. Support
After purchasing the Product, if any problem is faced in relation to usage, the company shall provide assistance services during the Term. Assistance Services shall be rendered through internet by accessing your computer on a remote basis.
4. Intellectual Property and Ownership
The company retains all rights to the Product and the Documentation not specifically granted in this Agreement. The company owns the Product and all copyright and other intellectual property rights therein. The Product is protected by copyright, trademark and other intellectual property laws and treaties.
5. License Fees
The license fee for each of the Packages shall be determined by the company from time to time. The License Fees and Renewal Fees shall be subject to change from time to time at the sole discretion of the company without any prior intimation. The License Fee shall be exclusive of any applicable goods and services tax or any other tax of a similar nature.
6. Refund Policy
6.1 Refund Eligibility
In the event that our website experiences technical difficulties rendering it non-functional for a continuous period of 7 days or more, or if a customer inadvertently makes a double payment for the same service, we will consider issuing a refund.
6.2 Non-Refundable Fees
License Fees or Renewal Fees paid to the company are non-refundable under normal circumstances, as these fees are paid in exchange for the granting of a license.
6.3 Refund Procedure
To request a refund, customers must submit a refund request to support@tally-integration.in including relevant details such as the payment reference number and reason for the refund request. Refund requests will be reviewed within 7 business days.
7. Disclaimer of Warranties
You agree that the company has made no express warranties, oral or written, to You regarding the Product. The Product is licensed "as is" without warranty of any kind. The company hereby disclaims all representations, warranties, guarantees, and conditions, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement of third party rights.
8. Limitation of Liability
In no event shall the company, its officers, directors, employees or staff be liable to you for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising out of use of the Product. In no event will the company's total aggregate and cumulative liability to you for any and all claims of any kind arising hereunder exceed the License Fees actually paid by you.
9. Indemnification
You shall fully indemnify, defend and hold harmless the company, and all its officers, directors and employees, at your own expense, from and against any claims, actions, costs, damages, losses, liabilities arising out of or in connection with: (a) any breach by you of the terms of this Agreement; and/or (b) use or misuse of the Product by You.
10. Confidentiality
You shall permit only authorized users to use the Product or to view the Documentation. Except as expressly authorized by this Agreement, You shall not make available the Product, Documentation, or the license to any third party, or use the Product for any purpose other than exercising rights expressly granted hereunder.
11. Term and Termination
This Agreement shall become effective upon Your acceptance. The term of the Product License shall be one (1) year from the Effective Date, renewable for successive one-year periods. This Agreement shall terminate automatically if: You commit a breach of this Agreement; You fail to pay applicable fees; or You do not renew the Product License post expiry of the Term.
12. Amendment
The company reserves the right to amend this Agreement from time to time by posting an updated version on the Website. Material changes will be effective upon the earlier of: (a) Your first use of the Product with actual knowledge of such change; or (b) thirty (30) days from publishing the amended Agreement on the Website.
13. Miscellaneous
13.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of India. This Agreement shall be subject to exclusive jurisdiction of Courts at Jaipur, India.
13.2 Arbitration
In the event of any disputes arising between the company and You in connection with this Agreement, the Parties shall first endeavour to amicably settle such disputes, failing which the same shall be referred to a sole arbitrator jointly appointed by the Parties. Arbitration proceedings shall be held in Jaipur, conducted in the English language, and governed by the Arbitration and Conciliation Act, 1996.
13.3 Contact
Any notice provided to the company pursuant to the terms of this Agreement should be sent to support@tally-integration.in.
13.4 Entire Agreement
This Agreement constitutes the entire agreement between the company and you with respect to your access to or use of the Product and supersedes any prior agreements, whether written or oral.
13.5 Compliance
You are solely responsible for Your familiarity and compliance with any laws that may prohibit You from participating in or using any part of the Product.