Please read these terms of use ("Terms of Use") carefully before installing or using the Software. By installing, accessing, or using the Software, you agree to be bound by the terms and conditions of this Terms of Use. If you do not agree to these terms, please do not install or use the software.

Definitions

"Software" refers to the proprietary software application, including any updates, documentation, and related materials, developed by Tally.

"Company/Tally" refers to Tally Solutions Private Limited, a company incorporated in the Republic of India including its holding, subsidiary, and associate companies.

"Confidential Data" includes but not limited to Personal Data, Financial Data, Login Credentials and any other data that may be considered as confidential.

"User", "You" or "Your" shall mean any individual, legal entity or organization who uses the Software including but not limited to customers who have purchased/obtained on rent the Software.

"Legal Entity" shall refer to any entity duly recognized and registered under applicable Indian laws, including but not limited to the Companies Act, 2013, the Limited Liability Partnership Act, 2008, or any other relevant legislation.

"Start-Up" refers to the User who has incorporated a Legal Entity as per applicable laws in India and the registered the Legal Entity is recognised by Department for Promotion of Industry and Internal Trade under Ministry of Commerce and Industry of Government of India.

"Personal Data" refers to all the personal non anonymised data provided by the User.

"Extension" shall mean extending and/ or enhancing and/ or modifying the working of the software is called extension. Extensions are allowed exclusively through the use of APIs (Application Programming Interface) published by the company for the purpose of extending and/ or enhancing and/ or modifying the interface and/ or data handling capability and/ or operational processes. The terms customization, extension, add-on, module, and other similar terms may be used to denote the extensions made to the interface and/ or data handling capability of the software.

"Documentation" means user manuals, training materials, Software descriptions and specifications, technical manuals, license Terms of Uses, supporting materials and other information relating to the Software or services offered by Tally, whether distributed in print, electronic, CD-ROM or video format.

Grant of Software License

Subject to the terms and conditions of this Terms of Use, Tally grants User a limited, non-exclusive, non-transferable, non-sublicensable, revocable, 1 (one) year free rental license to install and use the TallyPrime Silver or 3 (three) months free rental license to install and use TallyPrime Gold Software for internal business purposes only.

The User further acknowledges that on the expiry of free rental license of the Software, User may purchase or rent suitable TallyPrime license to continue access to the Software.

Restrictions on Use

The User shall not:

  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software;
  • Modify, adapt, or create derivative works based on the Software;
  • Sublicense, rent, lease, sell, distribute, assign or otherwise transfer the Software to any third party;
  • Use the Software for any unlawful purpose or in any manner that violates any applicable law or regulation; or
  • use the Software in any way that could harm, impair, or disrupt the operation or performance of the Software, Tally's systems, or any third party's systems or devices.
  • Use the Software for any purpose other than User’s internal business use or professional use;
  • Resell or make available to any third party, without a validly issued reseller certifications or distribution rights granted by Tally;
  • Alter, modify, translate, decompile, disassemble, or reverse-engineer the Software or create any derivative work based upon the Software;
  • Use the Software in excess of the limitations set forth in this Terms of Use, or the number of users or computers authorized by the activation key.

In the event of a user engaging in any of the aforementioned restricted usage of the Software, Tally reserves the right to take any action it deems appropriate at its sole discretion. This may include, but is not limited to, revoking the user's access to the Software or terminating the user's rent.

The User acknowledges that access to install and use of free rental license Software is subject to a condition that the Start-Ups should be registered and recognised by Department for Promotion of Industry and Internal Trade or such other Government departments and agencies or non-Government associations as specified by Tally. In absence of aforementioned registration and/or recognition, Tally may cease access of the User to the Software with or without any prior intimation to the User.

Privacy Policy

Protecting your privacy is very important to us. As part of the normal operation of our services, your basic information including but not limited to your name, address, e-mail and phone numbers, etc. is collected by us for internal record purpose. Please be informed that the data collected will be used strictly in accordance with our Privacy Policy (TallyPrime's Privacy Policy | Tally Solutions).

User acknowledges that Tally may share User’s Confidential Data with following on need to know basis:

  • Subsidiaries and Affiliates of Tally
  • Third Parties including Service Providers and Agents authorised by Tally
  • Tally Partners that may help us to provide you with the applications, products, services and information you have requested or which we believe is of interest to you;
  • Regulators and Law Enforcement Agencies

Confidentiality

User agrees to maintain the confidentiality of all non-public information related to the Software, including but not limited to its design, functionality, and performance metrics, which they may access or receive in connection with the use of the Software. This obligation of confidentiality shall not apply to information that is publicly available, legally obtained from another source, independently developed, or disclosed as required by law. The user shall not disclose this confidential information to any third party without prior written consent. This confidentiality obligation shall survive the termination of the User’s engagement with the Software.

Intellectual Property Rights

All title, ownership rights, and intellectual property rights in and to the Software, including but not limited to patents, copyrights, trademarks, trade secrets, and other proprietary rights, shall remain with Tally. This Terms of Use does not grant User any rights in connection with any trademarks or service marks of Tally.

Warranty

The software is provided "as is" without warranty of any kind.

Limitation of Liability

In no event shall Tally’s total liability to you for all proven damages (other than as may be required by applicable law) exceed the amount of INR 10,000.

Disclaimer

Other than the express, limited warranties set forth above, tally expressly disclaim 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 free to decide, and are responsible for deciding, when to upgrade your software, and (3) tally disclaims any responsibility to deliver later-released software or otherwise render any User support services unless included in a service plan that you have paid for in full. You understand and agree that, we do not make any assertion or guarantee or warranty regarding the suitability, reliability, availability, accuracy, or completeness of the Software for any particular purpose and/ or for any information provided through the software. The information provided by the Software is not intended to constitute professional advice. You acknowledge that any reliance on the information provided by the Software is at your own risk. We strongly recommend that you consult with qualified professionals, such as accountants or financial advisors, before making any decisions based on the information provided by the Software. The Software is not a substitute for professional advice, and we disclaim any liability for decisions made based on the information provided by the Software.

Dispute Resolution, Governing Law & Juridiction

All disputes whatsoever that may arise shall be governed and construed in accordance with the laws prevailing in the Republic of India and courts of Bengaluru shall have absolute jurisdiction.

Changes & Modification

We reserve the right to modify this Terms of Use, in our sole discretion, at any time. Such modifications may be posted through the services, on our website for the services or when we notify you by other means. Your continued use of the services indicates your Terms of Use to the modifications.