Introduction

Subscription Plans and Payments

• Subscription Plans: The Software is offered as annual subscription plans, including single user plans, and multi-user plans. The specific features, prices, and terms of each plan shall vary depending on the plan you choose.
• Payment: By signing up for a subscription plan, you agree to pay the applicable fees as set forth in the plan. We reserve the right to change our subscription fees at any time. We will provide you with reasonable notice of any changes, and your continued use of the Software after the change will constitute acceptance of the new fees.
• Cancellations and Refunds: Software once ordered cannot be cancelled except when the purchase/subscription made, does not meet customer needs and specifications. However, Tally may at its sole discretion consider granting part or full refund, depending on the circumstances of each case.

Intellectual Property Rights

All rights, title, and interest in and to the Software, including all associated intellectual property rights, are owned by us. Your use of the Software does not grant you any rights in or to the Software, except for the limited license granted in these Terms.

Restrictions

You shall have no right and specifically agree not to:

• Utilize the Software beyond the applicable term;
• Transfer, assign or sublicense Your license rights to any other person, and any such attempted transfer, assignment or sublicense shall be void;
• Provide, divulge, disclose, or make available to, or permit the use of the Software by any third party;
• Sell, resell, license, sublicense, distribute, rent or lease the Software or include the Software in a service bureau or outsourcing offering;
• Make error corrections to or otherwise modify or adapt the Software or create derivative works based upon the Software, or to permit third parties to do the same;
• Decompile, decrypt, reverse engineer, disassemble or otherwise reduce the Software to human-readable form, or to permit third parties to do the same;
• Circumvent or disable any features or technological protection measures in the Software;
• Use the Software in any manner that violates any applicable law or regulation;

Term and Termination

The software license granted under these terms and conditions shall be effective for a period of one (1) year from the date of activation by you. You may terminate this License Agreement at any time (i) by destroying all copies of Software, related documentation, analysis data and report and purging same from memory devices (required at the end of a Term). Your rights, access to and use of Software under these terms and conditions will terminate immediately without notice from Tally if You fail to comply with any provision of this Agreement. Upon any termination, You must destroy all copies of Software and related documentation and purge same from memory devices. All provisions of this License Agreement relating to disclaimers of warranties, limitation of liabilities, remedies, damages protection of information and shall survive termination.

Warranty

The software is provided "as is" without warranty of any kind. All express, implied or statutory conditions, representations, and warranties including, without limitation, any implied warranty or condition of merchantability, fitness for a particular purpose, non-infringement, satisfactory quality or arising from a course of dealing, law, usage, or trade practice, are hereby excluded to the maximum extent allowed by applicable law. Neither tally nor its licensors shall be liable for your action, or failure to act, in reliance on any information furnished as part of the software. You are solely responsible for maintaining the security of your network and computer systems. Neither tally nor its licensors represent, warrant, or guarantee that (a) security threats, malicious code and/or vulnerabilities will be identified, or (b) the content will render your network and systems safe from malicious code, vulnerabilities, intrusions, or other security breaches, (c) every vulnerability on every tested system or application will be discovered, or (d) there will be no false positives.

Limitation of Liability

In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your access to or use of the Software, whether based on contract, tort, or any other legal theory, even if we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold us harmless, including our affiliates, officers, directors, employees, agents, licensors, and suppliers, from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or in connection with your access to or use of the Software, your breach of these Terms, or your infringement of any intellectual property or other rights of any third party.

Disclaimer

Tally expressly disclaims to the fullest extent permitted by law all other representations, warranties, conditions, and guarantees, of any kind or nature whatsoever, whether express, implied, and statutory, including but not limited to any warranties, conditions, or guarantees (i) of merchantability, (ii) of fitness for a particular purpose, (iii) of non-infringement of proprietary or intellectual property rights of any third party, and (iv) arising from custom or trade usage or by any course of dealing or course of performance. You understand and agree that: (1) the utility of a business management computer program decreases as technology evolves and the business environment changes, (2) you are responsible for deciding, when to upgrade your software, and (3) Tally disclaims any responsibility to deliver the latest software or otherwise render any customer support services unless specifically provided by it in writing.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Republic of India, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms or your use of the Software shall be subject to the exclusive jurisdiction of the courts located in Bengaluru - India

Changes to Terms and Conditions

We reserve the right to update or modify these Terms at any time, at our sole discretion. We will provide notice of any material changes by posting the updated Terms on our website or through other appropriate means. Your continued use of the Software after the effective date of the updated Terms constitutes your acceptance of the updated Terms.

Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Entire Agreement

These Terms, along with any other agreements or policies referenced herein or entered into in connection with your use of the Software, constitute the entire agreement between you and us and supersede any prior agreements or understandings, whether written or oral, relating to the subject matter of these Terms.