Terms & Conditions

Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Bombay Softwares ("Company", "we", "our", or "us"), a company registered and operating from Shop No. 8, City Center Mall, Andheri West, Mumbai, Maharashtra 400058, India.

By accessing our website at bombaysoftwares.shop, submitting any enquiry form, downloading, installing, or using any of our software products, you confirm that you have read, understood, and agreed to be bound by these Terms.

If you do not agree to these Terms, you must immediately cease all use of our website and services. We reserve the right to update these Terms at any time; continued use after changes constitutes your acceptance of the revised Terms.

Our Services

Bombay Softwares provides the following categories of products and services:

• Software Products: Packaged software solutions including ERP, CRM, eCommerce platforms, HMS, School ERP, POS systems, and other business management tools.
• Software Licensing: Annual or perpetual licenses for our software products for use by businesses and organizations.
• Implementation Services: Professional installation, configuration, and onboarding services for software products.
• Customization Services: Tailoring of software to meet specific business requirements, workflows, and integrations.
• Annual Maintenance Contracts (AMC): Ongoing support, updates, bug fixes, and technical assistance post-deployment.
• Training Services: User training, administrator training, and documentation for our software products.
• Enquiry & Consultation: Pre-sales consultations, product demonstrations, and business analysis services.

We reserve the right to modify, suspend, or discontinue any service at any time with prior notice to affected users. New features or products will also be subject to these Terms.

User Accounts and Registration

3.1 Account Creation

Certain services may require you to create an account. You agree to: provide accurate, current, and complete information during registration; maintain the accuracy of such information; protect your account credentials and not share them with unauthorized parties; notify us immediately of any unauthorized use of your account.

3.2 Account Responsibility

You are fully responsible for all activities that occur under your account, whether or not you have authorized them. Bombay Softwares is not liable for any loss or damage arising from unauthorized account access caused by your failure to safeguard your credentials.

3.3 Account Termination

We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that you have violated these Terms, engaged in fraudulent activity, or posed a security risk to our systems or other users.

Software License Terms

4.1 Grant of License

Subject to your payment of applicable fees and compliance with these Terms, Bombay Softwares grants you a limited, non-exclusive, non-transferable, revocable license to use the purchased software product(s) solely for your internal business operations.

4.2 License Restrictions

You may not, and may not allow any third party to:

• Copy, modify, adapt, translate, or create derivative works of the software
• Reverse engineer, decompile, disassemble, or attempt to derive the source code
• Sell, sublicense, rent, lease, lend, or transfer the software to any third party
• Remove or alter any proprietary notices, labels, or marks on the software
• Use the software for any unlawful purpose or in violation of applicable laws
• Use the software to develop competing products or services
• Exceed the number of licensed users, installations, or entities permitted under your license

4.3 Updates and Upgrades

Updates (bug fixes, minor patches) are provided to active AMC holders at no additional charge. Major version upgrades may require a separate upgrade fee. We will communicate pricing for upgrades with at least 30 days advance notice.

Payment, Billing, and Refund Policy

5.1 Pricing

All pricing for our software products and services is displayed on our website or communicated via our sales team. Prices are exclusive of applicable taxes (GST) unless stated otherwise. We reserve the right to change prices at any time; however, changes will not affect existing confirmed orders.

5.2 Payment Terms

Payment is due as per the agreed commercial terms. We accept payments via bank transfer (NEFT/RTGS/IMPS), UPI, payment gateway (Razorpay/PayU), or cheque. Software licenses are activated only upon receipt of full payment unless a credit arrangement has been explicitly agreed in writing.

5.3 GST and Taxes

All prices are subject to applicable Goods and Services Tax (GST) as per the laws of India. Your invoice will include the applicable GST breakdown. It is your responsibility to comply with any additional tax obligations in your jurisdiction.

5.4 Refund Policy

Software licenses, once activated and delivered, are generally non-refundable. Refund requests must be submitted within 7 days of purchase for consideration. Refunds are subject to review and approval by our management. Customization, implementation, and AMC services are non-refundable once work has commenced. In case of a proven defect or non-delivery of service, we will offer a replacement, rectification, or credit at our discretion.

Communication Consent and Notifications

These communications may include service updates, product announcements, promotional offers, renewal reminders, educational content, and other information related to your engagement with Bombay Softwares.

6.1 Consent Mechanism

By checking the consent box on our enquiry or contact forms, you specifically consent to receive communications from Bombay Softwares via SMS, email, OBD, Google RCS, and WhatsApp for your services, offers, updates and you agree to our Terms & Conditions and Privacy Policy.

6.2 Opting Out

If you prefer not to receive such updates or marketing communications, you may opt out by contacting us at info@bombaysoftwares.shop or by replying "STOP" to any SMS communication. Opting out of marketing communications does not affect transactional messages related to your active services or contractual obligations.

6.3 Service Communications

Regardless of your marketing preferences, we may send you transactional and service-related communications, including invoices, license activation confirmations, renewal notices, support responses, and critical security alerts. These communications are necessary for the provision of services and cannot be opted out of while you remain an active customer.

Intellectual Property Rights

All content, software, source code, databases, trade names, trademarks, logos, designs, graphics, and other intellectual property on this website and within our software products are the exclusive property of Bombay Softwares or its licensors, protected under Indian and international intellectual property laws.

You are granted a limited license to access and use our website for personal, non-commercial purposes. No rights are granted to reproduce, distribute, publicly display, create derivative works from, or otherwise exploit any of our intellectual property without our prior written consent.

Any feedback, suggestions, or ideas you provide to us regarding our products or services may be used by Bombay Softwares without any obligation of compensation or attribution to you.

Prohibited Uses

You agree not to use our website or services for any of the following purposes:

• Any unlawful purpose or in violation of any local, state, national, or international law or regulation
• To transmit any unsolicited or unauthorized advertising or promotional material (spam)
• To impersonate or attempt to impersonate Bombay Softwares, its employees, or any other person or entity
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of our services
• To attempt to gain unauthorized access to any portion of our systems or networks
• To introduce any viruses, Trojan horses, worms, or other malicious code
• To harvest or collect user information without consent
• To use our systems for cryptocurrency mining or other resource-intensive activities not related to our services
• To violate the privacy of other users or third parties
• To post or transmit any false, misleading, or defamatory content

We reserve the right to investigate and take appropriate legal action against anyone who violates this section, including reporting to law enforcement authorities.

Disclaimer of Warranties

Our website and services are provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Bombay Softwares disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that our services will be uninterrupted, error-free, or free from harmful components
• Warranties regarding the accuracy, reliability, completeness, or timeliness of any content

We do not warrant that the software will meet all your specific business requirements. It is your responsibility to evaluate whether our software is appropriate for your needs prior to purchase.

Limitation of Liability

To the maximum extent permitted by applicable law, Bombay Softwares, its directors, employees, partners, agents, suppliers, or affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, or business opportunities
• Business interruption or loss of goodwill
• Any damages resulting from unauthorized access to your data
• Any third-party claims arising from your use of our services

Our total aggregate liability to you for any claims arising out of or related to these Terms or our services shall not exceed the amount you have paid to Bombay Softwares in the 12 months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Bombay Softwares and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms and Conditions
• Your use of our website or software products
• Your violation of any third-party rights, including intellectual property rights or privacy rights
• Any claim that content you submitted to us caused damage to a third party
• Your violation of any applicable laws or regulations

Termination

Either party may terminate the business relationship or specific service agreements in accordance with the notice periods specified in the signed commercial contracts. In the absence of a specific contract, the following general terms apply:

• Either party may terminate a service with 30 days written notice
• Bombay Softwares may immediately terminate services in case of material breach, non-payment, or illegal use
• Upon termination, your license to use the software is revoked
• You must cease all use of the software and destroy all copies upon termination
• Outstanding payment obligations survive termination

Sections 7 (Intellectual Property), 10 (Limitation of Liability), 11 (Indemnification), and 13 (Governing Law) shall survive termination of these Terms.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Mumbai, Maharashtra, India.

Dispute Resolution Process

1. Amicable Resolution: The parties shall first attempt to resolve any dispute through good-faith negotiation within 30 days of notice.
2. Mediation: If negotiation fails, the parties shall attempt mediation through a mutually agreed mediator in Mumbai.
3. Arbitration: If mediation is unsuccessful, disputes shall be resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India), with the seat of arbitration in Mumbai.
4. Litigation: Either party may seek interim injunctive relief in courts of competent jurisdiction at any time to prevent irreparable harm.

Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and may send a notification to registered users via email or through our platform.

Your continued use of our services after any modifications constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must stop using our services and may request termination of your account in accordance with Section 12.

We recommend reviewing these Terms periodically to stay informed of any updates.

Contact Us — Legal Inquiries

For any questions, concerns, or notices regarding these Terms and Conditions, please contact our legal team: