End User Terms and Conditions

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Updated version dated 14/10/2022

Introduction

Entries.ai welcomes you! Before you begin to use any our services, carefully read and accept all the terms and conditions of these EUTC's, so that it's clear what we expect from you and what you can expect from us.

To simplify and guide you to different sections, we have summarised each paragraph under appropriate header for the ease of understanding.

Read everything carefully as these are your legal rights and obligations. If you don’t agree to our terms, then you can’t use our services. Upon reading these terms, still if you have any questions please do not hesitate to contact/email Entries.ai’s designated officer at: legal@entries.ai.io These terms are our contract with you and will be binding upon you till its expiry or termination (whichever is earlier). This includes our duty as a service provider and your obligations as a customer.

Entries.ai and you shall hereinafter shall be individually referred to as “Party” and collectively referred herein to as “Parties”.

1. Entries.ai and You:

These EUTC's contains the words “we”, “our,” and ”us” in particular refers to Entries.ai and the words “you” and “your” in particular refers to both you and any entity or firm you are authorised to represent.

2. Our Services:

Our services comprises of FinTech support services which we provide now or in future, which also includes online computing, mobile accounting and allied financial products.

3. Term :

These EUTC's set forth herein is valid from the day and date of its electronic acceptance or when you signed in as a trial/guest user or subscriber. The terms shall be valid and binding upon you until the expiry of trial period/subscription period or upon termination of services by either party.

4. Subscription Process :

If you are interested to avail our full fledged services, then you need to join a subscription plan and accepting these EUTC's you become a subscriber. A subscriber needs to pay subscription fees as per service plan opted which may be modified from time to time.

5. Guest User :

Any individual/ legal entity other than a subscriber who voluntarily avails (or) is being invited to avail some trial services by the subscriber. As a guest user you are also bound by these terms and conditions.

6. Service Conditions :

Whether you are a guest user or a subscriber, we grant you the right to use our services (based upon your subscription plan, your user role and the level of access you have opted) which remains effective until the trial period ends (or) the subscription expires/terminated.

7. Entries.ai's Obligation :

  • We will ensure to provide uninterrupted services to the best of our effort, from our end,
  • We will ensure that you get relevant and best experience from our services,
  • We have systems that are of state of art technology to provide our services, and we will ensure your data is safe and secure,
  • We will ensure to upgrade or hardware/software up-to-date,
  • We will ensure to provide you technical support on a 24X7 basis.

8. Subscriber's Obligation :

  • As a subscriber, you are entirely responsible for all activities that occur in your subscriber's account. You will keep all your information details including know your customer (KYC) up to date. You alone are responsible for providing true, accurate and complete information that you use from our services for your legal, tax and compliance obligations,
  • You will not transfer/sublet a subscription without prior written permission to us,
  • Since you control the access of your subscription it's up to you to decide and control who can access that and grant levels of access required. You're responsible for resolving any disputes with any guest users over access to your subscription,
  • You will be responsible for your entire guest user's activity. You are solely responsible for protecting your username and password from getting stolen or misused and you will ensure your password are periodically changed and complies with strong password standards,
  • You shall immediately notify us of any unauthorized use of your password or subscription account or any other breach of security,
  • You agree to use our services for lawful business purpose only.

9. Ownership :

We own all the title, ownership rights and intellectual property rights to things tangible or intangible which we have used in our services (including, without limitation, computer codes, software, programs, algorithms, messages, hosting techniques, trade secrets, designs, concepts, videos, domain names and any other elements which are used in the part of the services, individually or in combination). It also includes all the rights in all trademarks, copyrights and patents whether registered or not. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.

10. Trial Period :

Upon signing up and accepting these EUTC's, you can enroll for a free trial period based upon offers prevailing at that time. If you choose to continue our services after the free trial, you will need to join a subscription as per service plans which shall be explained to you upon full payment. If you choose not to continue our services following a trial period, you may write to us to close your trial account (or) we would automatically suspend all your services upon the expiry of trial period. You must be aware there are limitations for using our services as a guest user or during trial period which shall vary from time to time.

11. Price :

In order continue our services after your free trial period you are required to pay a subscription fee on the basis of your service plan selected from the price schedule. The price schedule and other details of your subscription are updated in our website and if required shall be explained to you in detail when you opt from service plans.

12. Subscription fee :

To get our continued services you are required to pay the subscription fee on monthly /annual basis based on your service plan you have opted The subscription fees includes issuance of Entries.ai membership, support services as per plan, value added services and other future service offered at that time. The subscription can be auto-renewed/ cancelled as per convenience. Some of our services may be under may be capped category with limits set up for daily /monthly basis. The prices may vary region to region and all such information set out in our webpage. The terms of the prices form a part of these EUTC's. We may revise the prices from time to time and if you're a subscriber, we'll make every effort to let you know at the soonest through your registered email id/messages.

13. Subscription Period :

Your subscription continues for a period denoted in the service plan. At the end of each billing cycle, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to promptly renew the subscription fee in accordance with the existing price schedule. You'll still need to pay all relevant subscription fees up to the day of termination.

14. Subscription Benefits :

Depending on your geographic location and use of our services, you may be able to take advantage of value added services that Entries.ai may introduce from time to time which might incur an additional fee. All such fee details shall be notified when you sign up for those services.

15. Taxes :

You are solely responsible for paying all duties, taxes, services charges, GST and any other statutory dues associated with the use of our services wherever levied which includes withholding tax if it applicable. We may collect your geographical location information to determine state/country you reside, and may be used for tax residency purposes.

16. Prompt Payments :

Prompt payments are essential in order to continue and access our services. To avoid delay or missed payment please ensure you have selected the auto renewal commands. If there is a payment due we would immediately suspend any and all services to your subscription until full payment is made, where we will not be liable for any loss occurred during the suspended period.

17. Refund Policy :

The subscription fee is non-refundable under any circumstances. We reserve the right to recover any outstanding subscription fees or statutory dues that is payable by you through legal recourse.

18. Privacy :

We respect your privacy and take data protection seriously. We only use your data to improvise/optimise our services that is provided to you. We never sell your data to any third parties and the rest you can be assured. Our privacy policy and cookies policy forms a part and parcel of these EUTC's and in detail describes Entries.ai protocol in handling personal data.

19. Use of Data :

When you enter or upload your data into our services, we don't own that data but its implied that you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, for using our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information we consider that may be of interest to you based on your marketing preferences.

20. Anonymised Statistical Data :

When you use our services, we may create anonymised statistical data from your data and through you usage of our services, including through aggregation. Once anonymised, we may use it for our own internal purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses and to communicate to you.

21. Data Breach Notifications :

If we find there is an incidence of unauthorised / suspicious access to your personal data in our system, we will immediately notify you at the soonest and may report you with the summary about what had happened with respect to the unauthorised access of data nature and location of your affected contacts. It's your sole discretion to value the data infringed and consider whether this incident needs be reported to such contact /or to a relevant authority.

22. Confidentiality :

By reason of this terms, and while availing our services you may share certain confidential information with us, and you may also become aware of certain confidential information and materials about us while using our services, that is confidential and invaluable to Entries.ai, where its value could be impaired if such information were disclosed to third parties. As we take reasonable precautions to protect your confidential information and we expect that you shall also do the same for ours. Both parties agree to take reasonable steps to protect and limit the each other's confidential information from being accessed by unauthorised individuals. With prior notice Entries.ai may share a portion of confidential information with legal or regulatory authorities to the limited extent required if ordered to do so.

Notwithstanding the foregoing, "Confidential Information" shall not include:

  • Information previously known which can be supported by proof,
  • Information which is or becomes publicly known through no act or omission,
  • Information which has been independently developed by one party without reference to Confidential Information of the other which can be proved through proper documentation,
  • Information received from a third party under no confidentiality obligation with evidence proof.

23. Security Safeguards :

We take security aspect seriously! To help protect our services and your data, we have implemented latest generation security features in our system such as firewalls, encryption and multi-factor authentication.

We have adequately invested in technical, physical and administrative level to protect your data and to keep data safe and secure. Though we have taken steps to safeguard your data, the fact is - no method of electronic storage is completely safe and we cannot guarantee absolute security. We may notify you if we have reason to believe that someone has accessed (or may be able to access) your account without authorisation and we may also restrict access to certain parts of our services until you verify that access was by an authorised user.

24. Account Security Features :

We may introduce new security features at regular intervals to make your account more secure, such migrating to update versions, multi-factor authentication. Depending on the geographical locality or on what services you are using, we may require you to adopt and learn the use of these security features. Generally, we have made the use of security features optional, hence you are responsible (meaning we're not liable) for any loss or consequences to you for not using those features. We strongly encourage you to use all options of security features provided in good spirits.

25. Your obligation to Data Security :

You shall keep your login details secure, and will not let any other person use them. If you realise there's been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately.

26. Maintenance, Downtime and Support :

We have state of art systems and backup servers at different regions with expert support team where we really try to minimise any downtime. We frequently release new updates, modifications and enhancements to our services and in some cases discontinue old features. We strive to maintain the availability of our services, and online support on a 24X7 basis. If you have any issues in connecting to our services, we have support articles and FAQ's available in our Entries.ai support website that should help you in most situations. If issue still persists and you need help, you can contact our support team by scrolling to the bottom of Entries.ai support website. In certain circumstances, we need to analyse, test and maintain our systems to optimise our services, and this may require a period of downtime. We shall plan that such maintenance is being undertaken during holidays to minimise downtime inconvenience and, we'll attempt to notify you in advance but can't guarantee it.

27. Access Issues & Data Backup :

At time you may face access issues and could experience data loss, so we leave it to your best judgment to back up your data which might be important. You are the best judge to understand the how your internet signal works – thereof you might not be able to access our services and your data. This may happen for any number of reasons, at any time. Data loss is an unavoidable risk when using any technology. You're responsible for maintaining back-up copies of your data entered into our services.

28. No Compensation for Data Loss :

Whatever may be the cause of any downtime, access issues or data loss, we will not be liable to compensate anyone for any reasons whatsoever and your only recourse is to discontinue using our services.

29. Apps and Third-Party Products :

To make Entries.ai's service experience more pleasant and enriching, Entries.ai in future may include apps and other services made available by our trusted partners in the recognised app platform. Along with the use of our services, you may use data, services and apps from other companies (third-party products). Any third party providing their product is a provider and is independent of us, so be aware that a provider may also charge you fees in addition to what you pay us.

We may also introduce our third party products on a trial basis and discounted price as per the terms of EUTC's. Occasionally, we may offer you a new product service free of cost and on a time bound manner as a promotional offer. We have all rights to declare and issue discount and withdraw the same without assigning any reasons.

30. Third Party Product - Terms & Conditions :

Third-party products are subject to the terms and conditions and privacy notices set by their providers. These include important things like pricing, refund policies, and how the provider will use your data that you make available to them. Ensure to read and accept to their terms and conditions and understand their approach before you connect to them. The descriptions of third-party products that we publish, with any associated links, is given to us by the providers. While we make reasonable efforts to check the accuracy of the descriptions, the providers are solely responsible for any representations contained in those descriptions. We don't endorse or assume any responsibility for third-party products.

31. Default by Subscriber :

You are considered to have committed a serious default if you attempt/do anything below mentioned which will lead to immediate termination of our services:-

  • Information previously known which can be supported by proof,
  • Information which is or becomes publicly known through no act or omission,
  • Information which has been independently developed by one party without reference to Confidential Information of the other which can be proved through proper documentation,
  • Information received from a third party under no confidentiality obligation with evidence proof.

32. Termination :

You may terminate subscription by giving one (1) month written notice to Entries.ai. Upon such termination, you shall not be entitled to any refund of subscription fees (if any) and you agree to immediately cease all use of the services provided by Entries.ai.

Entries.ai may terminate this contract under following situation:

  • without assigning any cause, but after giving one (1) month written notice to you; or
  • forthwith without any reason, in the event of breach of Entries.ai's Intellectual Property Rights (or) occurrence of any event mentioned in (Clause - 32);
  • if the subscriber fails to pay the subscription fees;
  • if the subscriber becomes insolvent or goes into liquidation and has a official receiver appointed by the court to manage any of its assets subject to insolvency;

33. Retention of Data :

Upon the termination of subscription, any and all data provided by you to Entries.ai is archived and will be no longer available in the system. Entries.ai shall retain subscriber's data for a certain period of time consistent with our data retention policy to comply statutory obligations. You can contact us to have your data removed completely after reasonable time and the same will be considered by Entries.ai as per policies prevailing at that time.

34. Indemnification :

You shall indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except to the extent we were at fault wilfully which can be evidenced by proof).

35. Disclaimer of Liability :

Entries.ai shall not be liable to you or any other person regardless of the cause for any errors, inaccuracies or omissions of the services or information for any delay or interruption in services thereof to you, or for any claims or losses arising there from. Entries.ai hereby express or impliedly disclaims all liability for losses or damages of any kind whether direct or indirect, consequential, compensatory, actual, punitive, special, incidental or exemplary, arising out of the use of the services/third party products or any information obtained through the services.

36. Limitation of Liability :

Other than liability that we can't exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited. We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.

Our total liability to you in any circumstances is limited to the total amount you paid us for your subscription in the twelve (12) months immediately preceding the date on which the claim giving rise to the liability arose.

37. Export Limitations :

You must not use our services in violation of any export or trade embargo laws that apply to you.

38. Force Majeure :

Neither you (or) Entries.ai shall be liable for delay or failure to perform of any of the acts required by these terms when such delay or failure arises from Force Majeure event. The time for performance of any act delayed by such Force Majeure event may be postponed for a period equal to the period of the delay. However, either party shall be at liberty to terminate these terms forthwith, in case the Force Majeure event continues for more than a period of one (1) month.

39. Assignment :

You shall not assign any of these terms or any of your rights hereunder without the prior written consent of Entries.ai. Entries.ai may assign all or any of its rights and obligations under these terms, without seeking your consent or a surviving entity, in the case of merger or sale of all or substantially any of the assets of Entries.ai.

40. Governing Law and Jurisdiction :

These terms shall be construed and governed in accordance with the Indian Laws and submits to the exclusive jurisdiction of Benguluru courts in respect of all legal proceedings which may arise in any way whatsoever out of these EUTC's.

41. Notices :

Any notice you send to Entries.ai must be sent to legal@entries.ai.io. Any notices we send to you will be sent to the email address you have provided us through your subscription.

42. Amendments :

We reserves the right to modify, amend or substitute these terms, from time to time with prior notice to you and it shall to be effective and binding on you. In the event, if you does not agree to the new terms and conditions made by us, after making payment of outstanding dues (if any) you will have the right to terminate these terms, by written notice or email.

43. Wavier :

If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that other terms will otherwise remain in full force and effect and enforceable. The failure of Entries.ai to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

44. Independent Party :

No agency, partnership, joint venture, or employment is created as a result of these EUTC's in any respect whatsoever.

45. Survival :

Upon termination or expiry of this contract all other terms ceases expect for continuing provisions Limitation of Liability, Warranty, Indemnification, Intellectual Property Rights, Ownership, Confidentiality and the obligation to make payments, shall apply without limitation notwithstanding the termination or expiry of this contract for any reason whatsoever.

46. Headings :

Headings are used convenience only and does not construe any other meaning or intent.

For any questions pertaining to these EUTC's, contact the designated office either by mail/registered post:

Contact:

Legal & Compliance Officer,
NetAcct Solutions Private Limited,
Email ID: legal@entries.ai.io