SaaS Terms of Service

Acceptance of Terms

By creating an account, being invited to an account, signing in, or otherwise using the Service, you acknowledge that you have read, understood, and agreed to these Terms and to our Privacy Policy. If you are using the Service on behalf of a business, you confirm that you are authorised to accept these Terms for that business, and "you" refers to both you and that business.

Each individual user of the Service accepts these Terms for their own use. Where a separate written agreement (for example an order form or master subscription agreement) is signed between us and a customer, that agreement governs and these Terms continue to apply where it is silent or to the extent they do not conflict.

The Service

The Service is cloud-hosted business software provided on a subscription basis. Depending on the product, it may include point-of-sale, ordering, catalogue, reporting, invoicing, device management, and related features, accessed through a web browser and/or a mobile or desktop application. We may add, change, or remove features over time to improve the Service.

The Service is provided to you as a subscription and a limited right to use - it is not sold to you. We do not deliver bespoke consulting engagements under these Terms; professional services, if any, are governed separately.

Accounts, Users and Security

• You must provide accurate account information and keep it up to date. You are responsible for all activity that occurs under your account and your users' logins.
• Accounts and user roles are provided so you can control who may do what. You are responsible for assigning roles appropriately and for the actions of the users and devices you authorise.
• You must keep credentials, PINs, and paired devices confidential, and notify us promptly of any suspected unauthorised access.
• The Service is intended for business use by users who are authorised by the account owner. You are responsible for ensuring your users comply with these Terms.

Subscription, Plans and Fees

• Access to the Service is provided under the plan you select. Plan features, limits, prices, currency, and billing period are shown at the time of subscription or in your order.
• Unless stated otherwise, subscriptions renew automatically for successive periods until cancelled, and fees are charged in advance for each period.
• Usage beyond a plan's included limits may incur overage charges at the rates shown for your plan.
• Fees are exclusive of taxes, levies, and statutory charges, which you are responsible for where applicable. Bank charges, intermediary fees, and currency-conversion costs for cross-border payments are borne by you.
• Late or failed payments may result in suspension of the Service after reasonable notice. Cancellation and refund terms are set out in our Subscription & Refund Policy.

Acceptable Use

You agree not to, and not to permit any user to:

• use the Service for any unlawful, fraudulent, or infringing purpose, or to store or transmit unlawful content;
• copy, resell, sublicense, rent, or provide the Service to third parties except as expressly permitted;
• reverse engineer, decompile, or attempt to derive source code, except to the extent this restriction is prohibited by law;
• probe, scan, or test the vulnerability of the Service, breach security or authentication measures, or interfere with or disrupt the Service or its infrastructure;
• use the Service to build a competing product, or to send unsolicited or unlawful communications; or
• use the Service in a way that exceeds fair and reasonable use or that could damage, disable, or overburden it.

Your Data and Your Customers' Data

As between you and us, you own the business data you enter into the Service and the personal data of your own customers that you collect through it (such as a customer's mobile number, email, etc. captured at checkout). We process that data on your behalf and under your instructions solely to provide and support the Service, as described in our Privacy Policy.

You are responsible for the data you collect and for having any notices, consents, or legal basis required to collect it and to have us process it. You must not upload data you are not permitted to share. Our respective roles as controller and processor, and the safeguards that apply, are described in our Privacy Policy.

You may export your data while your subscription is active, using the export features provided. Following termination, we will make your data available for export for a reasonable period and will then delete or anonymise it in accordance with our retention practices, unless a longer period is required by law.

Our Intellectual Property and Licence

The Service, including its software, design, and all related intellectual property, is and remains owned by Vektrascale Solutions and its licensors. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your subscription.

We welcome your feedback and may use suggestions you provide to improve the Service without restriction or obligation to you.

Availability, Support and Changes

We aim to keep the Service available and reliable and to apply reasonable industry practices for security and backups. However, unless a separate service-level agreement is signed, the Service is provided on an "as is" and "as available" basis, and we do not guarantee uninterrupted or error-free operation. We may perform maintenance and will use reasonable efforts to limit disruption.

The Service is designed to keep working during short internet outages for certain offline features, but availability of cloud features depends on connectivity and third-party providers. We may modify or discontinue features, and will give reasonable notice of material adverse changes where practicable.

Third-Party Services

The Service relies on third-party providers for hosting, email or messaging delivery, payment facilitation, and similar functions. Your use of features that depend on a third party may be subject to that provider's terms, and we are not responsible for third-party services outside our control. Where you enable a payment or integration feature, you are responsible for your arrangements with the relevant provider.

Confidentiality

Each party agrees to keep confidential the non-public information of the other disclosed in connection with the Service, and to use it only as needed to provide or use the Service, protecting it with at least a reasonable standard of care. Confidentiality obligations do not apply to information that is public, lawfully received without restriction, independently developed, or required to be disclosed by law.

Suspension and Termination

You may cancel your subscription in accordance with our Subscription & Refund Policy. We may suspend or limit the Service, in whole or in part, for non-payment, suspected security risk, or breach of these Terms, and will use reasonable efforts to give notice where appropriate. We may terminate for material breach that is not cured within a reasonable period after notice, or where continued provision is unlawful.

On termination, your right to use the Service ends. Provisions intended to survive - including data handling, intellectual property, fees accrued, disclaimers, limitation of liability, and dispute resolution - continue to apply.

Disclaimers and Limitation of Liability

To the fullest extent permitted by law:

• the Service is provided without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, except as expressly stated;
• neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, business opportunity, or data;
• our total aggregate liability arising out of or in connection with the Service, regardless of the form of action, will not exceed the fees actually paid by you for the Service during the three (3) months preceding the event giving rise to the claim; and
• nothing in these Terms limits liability that cannot be limited under applicable law.

Indemnification

You agree to indemnify and hold Vektrascale Solutions harmless from third-party claims arising out of (a) the data or content you or your users put into the Service; (b) your use of the Service outside these Terms or applicable law; or (c) your dealings with your own customers. Our indemnity, if any, is limited to claims that the Service as provided and used in accordance with these Terms infringes a third party's intellectual property rights, and is subject to the limitations set out here.

Compliance and Data Protection

Vektrascale Solutions makes the Service available to businesses in India and overseas. Each party is responsible for its own compliance with applicable laws, including data-protection laws such as India's Digital Personal Data Protection Act, 2023, and, where relevant, other regional laws. In respect of the personal data of your customers processed through the Service, you act as the data controller (or fiduciary) and we act as your processor; the terms of that processing, including security and sub-processing, are described in our Privacy Policy and, where required, a data-processing addendum available on request.

Changes to These Terms

We may update these Terms from time to time. Each version carries a version number and effective date shown above. Where a change is material, we will bring the updated Terms to your attention - for example, by asking you to review and accept them again the next time you sign in - so that your continued use reflects your agreement to the current version. The latest version is always published on this page.

Governing Law and Dispute Resolution

Unless your order specifies otherwise, these Terms are governed by the laws of India, and the courts at our registered place of business have jurisdiction, without prejudice to mandatory protections available to you under the law of your own jurisdiction. The parties will first attempt to resolve any dispute through good-faith discussion before pursuing available legal remedies.