Terms of Use - ERPIND

Terms of Use – ERPIND

1. Introduction

1.1 Acceptance of Terms

By accessing or using ERPIND.com, you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree, you must not use the Service. Continued use after changes to these Terms, notified via email or website posting, constitutes acceptance of the updated Terms. You must review these Terms periodically to stay informed of any changes.

1.2 Description of Service

ERPIND.com, provided by S2P Technocrat Pvt. Ltd., India, is a Software as a Service (SaaS) enterprise resource planning (ERP) solution designed for small to medium-scale industries. The Service includes modules for financial accounting, human resources management, inventory tracking, supply chain management, project management, and other business operations, accessible via a subscription-based model.

1.3 Eligibility

To use the Service, you must be at least 18 years old or have legal capacity to enter binding agreements. If registering on behalf of a company, organization, or other entity, you must have the authority to bind that entity to these Terms. You warrant that you meet these eligibility requirements.

1.4 Definitions

Service: The ERPIND.com SaaS-based ERP solution provided by S2P Technocrat Pvt. Ltd.
User: Any individual, company, organization, or entity accessing or using the Service, including employees, consultants, or agents acting on their behalf.
Data: All information, including personal data, business data, and content, inputted into or processed by the Service.
Confidential Information: Information designated as confidential or reasonably understood to be confidential, including software code, business plans, financial data, and trade secrets.
Intellectual Property: All patents, trademarks, copyrights, trade secrets, and other proprietary rights related to the Service.

2. Use of the Service

2.1 Account Creation and Responsibilities

To access the Service, you must create an account by providing accurate, complete, and current information, updating it promptly if it changes. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must notify us immediately of any unauthorized use or security breach at [support@erpind.com].

2.2 Permitted Uses

You may use the Service solely for lawful internal business purposes, such as managing financial records, human resources, inventory, supply chains, and projects. The Service is intended to support your operational needs in compliance with these Terms and applicable laws.

2.3 Prohibited Uses

You must not use the Service for any illegal, unauthorized, or harmful purposes, including:

Engaging in fraudulent activities, such as falsifying financial data or misrepresenting business operations.
Violating third-party rights, including intellectual property, privacy, or contractual rights.
Attempting to hack, reverse engineer, decompile, or disassemble the Service or its underlying software.
Distributing malware, viruses, or other harmful code.
Using automated scripts, bots, or scraping tools to access or extract data from the Service.
Sharing account credentials with unauthorized individuals or entities.
Overloading, disrupting, or interfering with the Service’s functionality or other users’ access.
Using the Service to send unsolicited communications (spam) or engage in phishing.

2.4 Compliance with Laws

You must comply with all applicable laws, including data protection, taxation, anti-spam, and industry-specific regulations. You are responsible for obtaining necessary consents to share Data with us and ensuring your use of the Service does not violate any legal obligations.

2.5 User Conduct

You agree to use the Service responsibly, ensuring your actions do not harm S2P Technocrat Pvt. Ltd., other users, or the Service’s reputation. You must not impersonate others, misrepresent your authority, or use the Service to facilitate illegal activities.

3. Intellectual Property

3.1 Ownership

All software, content, data, text, graphics, logos, trademarks, and other materials provided through ERPIND.com are owned by S2P Technocrat Pvt. Ltd. or its licensors and are protected by Indian and international intellectual property laws, including copyrights, trademarks, and trade secrets.

3.2 License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the term of your subscription. This license does not permit you to copy, modify, distribute, sell, or create derivative works from the Service without our prior written consent.

3.3 Restrictions

You must not:

Reproduce, distribute, or publicly display any part of the Service without permission.
Create derivative works or modifications based on the Service.
Use our trademarks, logos, or branding without prior written approval.
Attempt to access or use the Service’s source code or underlying technology except as expressly permitted.

3.4 User-Generated Content

If you upload or input Data into the Service, you retain ownership of such Data but grant S2P Technocrat Pvt. Ltd. a worldwide, royalty-free, non-exclusive license to use, store, process, and back up your Data solely to provide and improve the Service. You warrant that you have all necessary rights and consents to share such Data.

3.5 Feedback

Any feedback, suggestions, or ideas you provide about the Service become our property. You grant us a perpetual, royalty-free, worldwide license to use, modify, and incorporate such feedback into the Service without compensation or attribution.

3.6 Publicity

We may use your name, logo, or business description in our marketing materials or website to promote the Service, unless you opt out by emailing [support@erpind.com].

4. Financial Terms

4.1 Subscription Fees

You agree to pay the subscription fees specified in your chosen pricing plan, as outlined in your subscription agreement. Fees are charged monthly or annually, depending on your plan, and are non-refundable except as provided in our refund policy.

4.2 Payment Methods and Invoicing

Payments must be made via approved methods (e.g., credit card, bank transfer) specified in your subscription agreement.
We will issue invoices electronically to the email address provided during registration.
Payments are due within 15 days of the invoice date unless otherwise specified.

4.3 Taxes

All fees are exclusive of taxes, including Goods and Services Tax (GST) or other applicable taxes in India. You are responsible for paying all taxes associated with your use of the Service. We will include applicable taxes on invoices as required by law.

4.4 Late Payments

Late payments will incur interest at 1.5% per month or the maximum rate permitted by law, whichever is lower. We may suspend or terminate your access to the Service for non-payment after providing written notice.

4.5 Refunds and Cancellations

You will be eligible for getting refund if you send a cancellation request for your subscription within 48 hours from the purchase of your Subscription.
Refer our Refund Policy for further details.

4.6 Price Changes

We may adjust subscription fees with 30 days’ prior notice via email or website posting. Price changes will apply to your next billing cycle following the notice period.

5. Data Protection

5.1 Data Ownership and License

You retain ownership of all Data you input into the Service. By using the Service, you grant S2P Technocrat Pvt. Ltd. a worldwide, non-exclusive, royalty-free license to collect, store, process, and back up your Data solely to provide, maintain, and improve the Service.

5.2 Compliance with Data Protection Laws

We comply with the Digital Personal Data Protection Act, 2023 (DPDP Act) and other applicable Indian data protection laws. We process personal Data only for purposes specified in these Terms or our Privacy Policy, ensuring data minimization and purpose limitation.

5.3 Data Security Measures

We implement industry-standard security measures to protect your Data, including:

Encryption of Data at rest and in transit using AES or RSA standards.
Access controls to limit Data access to authorized personnel only.
Regular security audits and vulnerability assessments.
Multi-factor authentication for administrative access to our systems. You are responsible for securing your account with strong passwords and safeguarding credentials.

5.4 Data Retention and Deletion

We retain your Data for as long as necessary to provide the Service or as required by law.
Upon termination, we will return or delete your Data within 30 days upon your written request, subject to legal obligations. Data may be retained in anonymized form for analytical purposes.

5.5 Data Subject Rights

Under the DPDP Act, you have rights to:

Access your personal Data and obtain a copy.
Correct inaccurate or incomplete Data.
Request deletion of your Data, subject to legal retention requirements.
Object to or restrict certain processing activities. To exercise these rights, contact us at [support@erpind.com]. We will respond within the timeframes required by law.

5.6 Data Breach Notification

In the event of a Data breach, we will notify you without undue delay, as required by the DPDP Act, providing details of the breach and steps to mitigate its impact.

5.7 Data Localization

Your Data is stored on servers located in India or in jurisdictions with adequate data protection standards, as permitted by Indian law. We ensure compliance with any data localization requirements under the DPDP Act.

5.8 User Responsibilities

You warrant that you have all necessary rights, consents, and legal bases to share Data with us, including personal Data of your employees, customers, or other individuals. You must comply with applicable data protection laws when using the Service.

6. Service Levels

6.1 Service Level Agreement (SLA)

We commit to maintaining a minimum uptime of 99.9% for the Service, excluding scheduled maintenance. If we fail to meet this commitment, you may be eligible for service credits as outlined in our SLA, available upon request at [support@erpind.com].

6.2 Scheduled Maintenance

We may perform scheduled maintenance to update or improve the Service. We will notify you at least 48 hours in advance via email or the Service interface. Maintenance will be scheduled to minimize disruption.

6.3 Support Services

Support is available Monday to Friday, 9 AM to 6 PM IST, via email ([support@erpind.com]) or our support portal.
We aim to respond to critical issues within 4 hours and non-critical issues within 24 hours during support hours.
Support includes assistance with Service functionality, troubleshooting, and guidance on best practices.

6.4 Third-Party Integrations

The Service may integrate with third-party systems (e.g., payment gateways, CRM software). You are responsible for:

Ensuring compatibility between the Service and third-party systems.
Complying with the terms of service of third-party providers.
Any costs or liabilities arising from third-party integrations. We are not liable for issues caused by third-party systems or their failure to function as expected.

6.5 Backups

We maintain regular backups of your Data to ensure service continuity. Backups are stored securely and encrypted. You are responsible for verifying the accuracy and integrity of your Data. In case of Data loss, we will restore from the most recent backup, but we do not guarantee recovery of all Data.

7. Termination

7.1 Termination by Notice

Either party may terminate this agreement by providing 30 days’ written notice to the other party. You may submit your termination request to [support@erpind.com].

7.2 Immediate Termination

We may terminate or suspend your account immediately, with or without notice, if you:

Violate these Terms, including engaging in prohibited uses or failing to make payments.
Engage in fraudulent or illegal activities.
Pose a security risk to the Service or other users.
Are subject to legal or regulatory requirements necessitating termination.

7.3 Effect of Termination

Upon termination, you must immediately cease all use of the Service.
We will return or delete your Data within 30 days upon your written request, subject to legal obligations.
Any outstanding fees remain payable, and no refunds will be issued for partial subscription periods unless specified in our refund policy.

7.4 Survival

Clauses related to intellectual property, confidentiality, indemnification, limitation of liability, governing law, and dispute resolution will survive termination of this agreement.

7.5 Changes to Terms

We may update these Terms at any time, with notice provided via email or website posting. Changes are effective upon posting or notification. Continued use of the Service after changes constitutes acceptance of the updated Terms.

8. Legal Notices

8.1 Limitation of Liability

To the fullest extent permitted by law:

Our liability for any damages arising from your use of the Service is limited to the amount you paid for the Service in the preceding 12 months.
We are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, Data, or business opportunities, whether arising in contract, tort, or otherwise.
This limitation applies even if we have been advised of the possibility of such damages.

8.2 Indemnification

You agree to indemnify, defend, and hold harmless S2P Technocrat Pvt. Ltd., its affiliates, officers, directors, and employees from any claims, damages, or liabilities arising from:

Your use of the Service or violation of these Terms.
Your infringement of any third-party rights, including intellectual property or privacy rights.
Any Data you input into the Service that violates applicable laws or third-party rights.

8.3 Governing Law

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Any legal action arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Delhi, India.

8.4 Dispute Resolution

Any disputes arising from these Terms shall be resolved through binding arbitration under the Arbitration and Conciliation Act, 1996.
Arbitration will be conducted in Delhi, India, by a single arbitrator appointed mutually by the parties or, failing agreement, by the Indian Arbitration and Conciliation Centre.
The language of arbitration shall be English, and the arbitrator’s decision shall be final and binding.
Each party will bear its own costs, unless the arbitrator awards otherwise.

8.5 Entire Agreement

These Terms, together with our Privacy Policy and any subscription agreement, constitute the entire agreement between you and S2P Technocrat Pvt. Ltd. regarding the Service, superseding any prior agreements, representations, or understandings.

8.6 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

8.7 Assignment

You may not assign or transfer these Terms or any rights or obligations without our prior written consent.
We may assign these Terms without your consent in connection with a merger, acquisition, or sale of assets.

8.8 Force Majeure

We are not liable for any failure or delay in performing our obligations due to events beyond our reasonable control, including natural disasters, internet outages, government actions, or acts of war.

8.9 Export Control

You must comply with all applicable export control laws and regulations of India and other jurisdictions, including restrictions on using the Service in embargoed countries or by prohibited entities.

8.10 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.

8.11 Audit Rights

We reserve the right to audit your use of the Service to ensure compliance with these Terms, including verifying payment obligations and Data usage. You agree to provide reasonable cooperation during such audits.

9. Confidentiality

9.1 Definition of Confidential Information

Confidential Information includes all non-public information disclosed by either party, including software code, business plans, financial data, customer lists, and trade secrets, whether disclosed orally, in writing, or electronically.

9.2 Obligations

Each party agrees to keep the other’s Confidential Information confidential and not disclose it to third parties without prior written consent, except as required by law.
You must not use our Confidential Information for any purpose other than using the Service as permitted.
We will use your Confidential Information only to provide and improve the Service.

9.3 Exceptions

Confidential Information does not include information that:

Is or becomes publicly available through no fault of the receiving party.
Was rightfully known to the receiving party before disclosure.
Is independently developed by the receiving party without reference to the disclosing party’s Confidential Information.
Is required to be disclosed by law, provided the receiving party notifies the disclosing party promptly and seeks protective measures.

9.4 Duration

Confidentiality obligations survive for five years after termination of this agreement or until the Confidential Information becomes publicly available, whichever is longer.