Terms and Conditions for UAE E-Invoicing Services

1. Eligibility

To use the Services, you must:

• Have the legal capacity to enter into a binding agreement.
• Use the Services in compliance with all applicable laws and regulations.

2. Definitions

• "EMARATAX" shall mean the unified online platform developed by the FTA (defined below), designed to simplify tax-related processes for an Entity. EMARATAX is your go-to portal for tax registration, return filing, tax payments, and refund applications. It is also the central system for handling all VAT-related activities in the UAE. It is directly linked with the UAE's VAT filing framework, making it the only official platform for an Entity to manage their tax responsibilities with the FTA.
• "EMARATAX ID" shall mean a unique identifier assigned to an individual EMARATAX registration of an Entity, following the necessary authentication.
• "Entity" shall mean a business organization, including a sole proprietorship, partnership, company, or any body of individuals which is legally recognized in the UAE, that is duly licensed, registered in TallyPrime, and correctly mapped to an EMARATAX ID.
• "Electronic Instruction(s)" shall mean any communication, instruction, order, message, data, or information received by us from you via the Services or pursuant to the Service.
• "ERP Client Software" or "TallyPrime" shall mean the accounting and business management software developed and owned by Tally Solutions Private Limited and is designed to assist businesses in managing their accounting, compliance, inventory, and financial operations. User purchases the software off-the-shelf, and it is deployed locally on the User's premises, server, or other designated environments.
• "FTA" shall mean the Federal Tax Authority established under the UAE's Ministry of Finance for the purpose of administering and enforcing federal taxes in the UAE.
• "Services" shall mean the integration between EMARATAX and TallyPrime to facilitate the generation of e-invoices and exchange of data between the User and the UAE VAT filing framework.
• "Tally Software Services" or "TSS" shall mean and include the software subscription that offers add-on services to TallyPrime to keep Users up to date with the latest technological developments, statutory laws and compliances. The User is provided with product upgrades and updates, connectivity driven functionalities including but not limited to online data exchange between branches, remote access, seamless banking, payment services and much more, to enhance User's business performance.
• "Tally.NET ID" shall mean a user identity created within TallyPrime, linked to a valid email address, used to access and manage your TallyPrime and to utilize features that require authenticated access.
• "UAE" shall mean the United Arab Emirates.
• "User" or "you" or "your(s)" shall mean an individual who:
  • is a registered user in TallyPrime with a valid Tally.NET ID; and
  • is mapped to an EMARATAX ID; and
  • either (i) is registered as an owner or administrator of an Entity, or (ii) has been duly authorized by the owner or administrator of an Entity, following all required authentication and verification procedures.
• "VAT" shall mean the Value Added Tax in UAE.

3. Scope of Service

• Through the Services, we offer direct integration between TallyPrime and EMARATAX via Application Programming Interfaces ("APIs"), enabling the User to generate valid e-invoices based on 5 corner model, fetch status of generated e-invoice with corresponding acknowledgement references and submit VAT returns directly from TallyPrime without the need for manual uploads.
• This Service allows real-time retrieval of the latest transaction and tax data from EMARATAX into TallyPrime, facilitating automated preparation and submission of the required VAT returns.
• To enable data exchange and submission activities, the User must establish a secure session between TallyPrime and EMARATAX by authenticating using their EMARATAX ID and associated password.
• The User can generate e-invoices and initiate VAT returns within TallyPrime that are compliant with FTA regulations and submit these returns through the integrated API connection.
• The integration supports the retrieval of relevant tax data, status updates, and submission confirmations via EMARATAX APIs.
• We advise you to examine if the Auto Backup Services can be availed under the laws applicable to you, and if the backup or copy of your data is permissible to be stored in India. Pursuant to this clause, any such use of the Auto Backup Services, releases us from all liabilities including any damages associated hereto.
• For the purpose of providing the Services, data processed through the Services may be stored, transferred to, or accessed from locations outside the geographical limits of the UAE, including in India. Accordingly, you expressly acknowledge and consent to such cross-border storage and transfer of data, subject to your responsibility to ensure that such transfer and storage are permitted under the laws and regulatory requirements applicable to you.

4. User Responsibilities

• The User must have a valid EMARATAX ID and credentials and establish a connection and session from within TallyPrime before using the VAT export and submission functionalities.
• The User is responsible for safeguarding their EMARATAX ID and associated credentials, and for ensuring session validity during the interaction between TallyPrime and EMARATAX.
• The User must ensure that all financial and tax-related data entered into TallyPrime is accurate, complete, and compliant with UAE VAT laws and EMARATAX requirements prior to generation and submission of VAT returns.
• The User retains full responsibility for verifying submitted VAT returns and for complying with all applicable tax filing deadlines and regulations.
• The Services is provided as a facilitation tool. However, the User acknowledges the possibility of transmission errors, connectivity issues, or API response failures, for which we shall not be held liable.
• The User must not use this Service to bypass any applicable rule or regulation for VAT filing or for any fraudulent or unauthorized actions.
• The User must not engage in prohibited activities.
• The User must provide correct and valid business content data (e.g., in an invoice or order) to enable us to fulfil our technical validation duties.
• When using the Services, the User agrees to not:
  • misuse the Service or attempt to disrupt its operations.
  • copy, reverse-engineer, resell, or redistribute the Services.
  • circumvent or tamper with our security or licensing systems.
  • provide false information in order to gain unauthorized access or benefits.
• The User is responsible for ensuring that its systems meet the technical requirements for accessing the Services. We shall not be responsible for failures caused by your hardware, network, or third-party services.

5. Our Responsibilities

• We shall endeavour to provide the set-up, and support to the User related to the Services.
• We may be required to escalate support issues pertaining to the User that we cannot resolve to the relevant authorities.
• We shall log all activities executed within the Services, including the sending and receiving of business documents and datasets by the User, for support and traceability purposes.
• If there are indications of fraud, spam or other criminal acts by a User, we may be obligated to block the User's access to the Services.
• Upon reasonable request from other parties directly involved in the transmission or receipt of your datasets within the Services, we shall:
  • disclose or provide access to relevant log data.
  • However, if any such data is subject to confidentiality obligations, we may obtain your prior written consent before disclosing or granting access to it.

6. Fees and Payments

Your active TSS comes with a complimentary access to the Services. Any additional charges that may be levied shall be communicated upfront to you.

7. Data Privacy and Security

• We adhere to best safety and security standards in providing the Services.
• We commit to safeguarding your information from all possible leakages and disruptions.
• We undertake that all your data are securely stored and transmitted in exchange with other third parties involved in the facilitation of the Services.
• We comply with applicable laws and regulations, including laws pertaining to data privacy and security.
• We may be obligated to share your information/content, if we are in receipt of a request/order/notice from a regulatory body, government authority, court, judicial or a quasi-judicial body.

8. Secure Use of the Services

• The User is responsible for ensuring that the devices and systems you use to access the Services are secure and free of malware.
• The User agrees:
  • to not use automated scripts, bots, crawlers, or scraping tools to access or extract content from the Services; and
  • to promptly notify us in the event of any unauthorized access of your User account or EMARATAX ID, or any security vulnerability in the Services.
• The User agrees that they shall not undertake any of the following:
  • separate any API or accessories sold, bundled, or packaged with the Services from the Services or sell, license, remove, translate, or modify the contents or documentation of or related to the APIs or accessories, including, without limitation, any end user license agreements or warranty statements; and
  • upload, post, reproduce or distribute any information, or other material protected by copyright, privacy rights, or any other intellectual property rights without first obtaining the permission of the owner of such rights; resell or offer to resell any of the Services other than the Services authorised by us; and
  • rent, lease, distribute, market, or otherwise transfer usage or other rights to the APIs, or the Services or modify, alter, or create any derivative works based on any part of the Services; and
  • use the APIs or Services (i) in any unlawful manner, or (ii) for fraudulent or malicious activities, or (iii) undertake activities that are in violation of applicable laws; and
  • probe, scan, or test the vulnerability of any system or network of the Services; and
  • impair the branding or alter, cover, or remove any proprietary notices, labels, or marks, including but not limited to any trademark or logo embedded on the Services; and
  • access or use the Services or the APIs in any manner that could disable, damage, disrupt or impair or interfere with the use of the Services; and
  • undertake, permit, or cause any act or omission that may compromise the security, integrity, or availability of the Services; and
  • allow or grant access to third party to use the Services except as permitted by us in writing; and
  • bypass, breach or otherwise circumvent any security or authentication measures deployed on the Services, or input, upload, transmit, or otherwise introduce or activate any virus, worm, malware, or other malicious or harmful computer code into the Services that would damage, disrupt, impair, disable, interfere with, or otherwise limit the functionality of the Services, or any part thereof, in any manner; and
  • interfere with or attempt to disable any usage tracking, or analytics tools embedded in the Services that are used for performance, security, or compliance monitoring purposes.

9. Third Party Services

• In the course of providing the Services, we may engage third-party partners, suppliers, and vendors. By accessing or using the Services, you acknowledge and agree to the involvement of such third-party service providers. You further agree to comply with any applicable terms and conditions that may be separately specified by such third-party service providers.
• The Services may have links to third-party services or content. In scenarios where you access such links, we request you to exercise caution and carefully navigate through such links.
• All such links are governed by terms which are independent of these Terms, and hence it is advised that you read them prior to using such links and the products and services offered thereunder.

10. Temporary Suspension of the Services

We may be required to with reasonable notice, suspend your or any of your right to access or use either all or any one of the Services under the following circumstances:

• there could be a security risk to the Services preventing us from delivering the appropriate quality and commitment; or
• in the event your use of the Services is deemed unlawful, harmful, or fraudulent purposes; or
• there is an explicit instruction from a regulatory body, government authority, court, judiciary, or quasi-judicial body to cease the Services; or
• there is a suspension of the Services by the FTA, EMARATAX, government and other regulatory bodies; or
• there have been multiple attempts to access the EMARATAX ID or User account, or any suspicious activity that demands us to temporarily suspend the Services due to security reasons.

11. Limitation of Liability

• The Services are provided on an as-is and as-available basis, and all warranties unless expressly stated here are denied by us.
• Though we take utmost care in providing the Services, it may not be completely error free or without interruption. There may be certain inherent risks in using the Services such as transmission errors which the User acknowledges while availing the Services.
• We shall not be held liable for any indirect, consequential, special or punitive loss or damage arising from the provision of the Services or things beyond our reasonable control.
• Further, it is to be noted and acknowledged that we cannot be held responsible for actions and instructions which are originating from the User and where the User is required to exercise due care and diligence while availing the Services.
• Notwithstanding anything contained in these Terms, the maximum aggregate liability of Tally, arising out of or in relation to these Terms, shall be limited to AED 2,000 (United Arab Emirates Dirham Two Thousand only).

12. Indemnification

You agree to keep us indemnified and hold harmless from and against any and all liability (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses,) or any other loss that may occur, arising from or relating to any claim, suit or proceeding brought against us by another user/ service providers / third party / cloud storage partners / FTA / regulatory bodies for reasons including, but not limited to your breach, non-performance, non-compliance or inadequate performance of any of the terms, conditions, representations, obligations or warranties under these Terms.

13. Termination

• We may terminate either all or any of the Services immediately without notice to you in any of the following circumstances: (1) if the conditions stipulated in the Temporary Suspension have been established by us; or (2) if we discontinue our association with the EMARATAX or FTA; or (3) if any regulatory body, government authority, court, judicial, or quasi-judicial body notifies us or is of the opinion to terminate your access to the Services.
• You agree that the Services will not be accessible if you do not use the latest and valid version of TallyPrime or TSS is not renewed or upgraded.
• Upon termination, your right to use either all or any of the Services will immediately cease.

14. Force Majeure

We shall not be held liable for any breach of these Terms due to any force-majeure event that prevents or delays performance of its obligations under these Terms such as government orders and sanctions, embargoes, lockdown, pandemic, endemic, act of god, fire, lightning, explosion, flood, adverse weather conditions, power failures, failure in any communication systems, equipment breakdown, strikes, lock-out or any other cause beyond our control ("Force Majeure Events"). However, we will make all reasonable efforts to notify you in the event of such Force Majeure Events.

15. Changes to Terms

We reserve the right to modify these terms and may update it from time to time. Any changes will be posted on our website and communication of such updates may be sent to you on your registered email address. Your continued use of the Services after such revisions will constitute your acceptance of the new terms.

16. Updates

We may send notifications / updates to you on the registered email address on feature updates and new offering on the Services, including new Bank integrations or any other important updates that may be relevant to you.

17. Governing Law, Dispute Resolution and Jurisdiction of Courts

These terms shall be governed by and construed in accordance with the laws of the United Arab Emirates and the courts in Dubai, UAE shall have exclusive jurisdiction over any dispute arising in connection with these Terms.

Contact Us

You may contact us with any enquiry, or concerns by writing at the coordinates mentioned below: