TERMS OF USE FOR TALLYPRIME
We, Tally Solutions Private Limited (“Tally or Company”) are a technology & innovation company, founded in the year 1991 and since then have been delivering business software solutions to more than 2.5 million businesses and corporates across 100 countries. Our robust network of partners deliver unmatched customer experience in sales, support and services. With a strong research and development division, Tally strives to deliver innovation and excellence in enterprise resource planning software for every business. Our Software is centred around simplifying commerce for people all over the world and making it easier for people and businesses to transact.
At Tally, we have built a reputation founded on honour, which lies at the core of everything we do. This not only enhances the value we deliver to our customers but also fosters transparency and open communication with all stakeholders. Through constant nurturing, we strengthen the trust our customers place in our commitment to excellence. Our philosophy revolves around understanding and addressing the needs of our customers. Our Terms of Use serve as a formal declaration of our corporate responsibility, re-emphasizing that our offerings are meticulously aligned with the preferences and objectives of our valued customers. With a dedication to support businesses, Tally offers a comprehensive suite of products, features, and technologies. Our Software is engineered keeping these aspects in mind. With personalized features and functionalities, you can optimize processes, boost productivity, and achieve your business objectives more effectively.
Tally is committed to focusing on all aspects like changes in law, requirements of customers, seamless experience for users, etc. and always make necessary upgrades in its Software. Users with active Tally Software Service (“TSS”) can get all these updates from Tally on regular basis.
Your satisfaction is paramount at Tally. Your feedback is essential as we continuously strive to enhance your experience with our Software, demonstrating our commitment to customer-focused innovation and service excellence. You can reach out to your preferred authorized Tally partner or to our support team any time for any queries related to use of our Software.
A. WHAT WE EXPECT
As we uphold our end of the agreement by providing the Software, what we expect is for you to 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 of Use. If you do not agree to these terms, please immediately discontinue your use of the Software.
B. DEFINITIONS
"Software" shall include the proprietary software application - TallyPrime, TallyPrime Server, Tally.ERP9 which include any prior versions, updates, documentation, Tally Software Services (defined below) and any other value-added services, plug-ins and related materials, in connection with the software applications mentioned herein.
“Company/Tally” refers to Tally Solutions Private Limited, a company incorporated in the Republic of India including its holding, subsidiary, affiliates, and associate companies.
“Confidential Data” includes but is not limited to Personal Data, financial data, login credentials and any other data that may be considered as confidential.
“Data” means a representation of information, facts, concepts, opinions or instructions in a manner suitable for communication, interpretation or processing by human beings or by automated means.
“User”, “You” or “Your” shall mean any individual, business entity or organization who/ which uses the Software, including but not limited to customers who have purchased/obtained the rental option of the Software.
“Tally Partners” shall mean businesses/individuals who are authorized to sell software and services by Tally including but not limited to Tally Distribution partners (TDP), Master Tally partners (MTP), Direct Tally Partners, Certified partners (CP) and Associate partners (AP).
“Personal Data” refers to any data about the User who is identifiable by or in relation to such data.
“Extension” shall mean extending and/ or enhancing and/ or modifying the working of the Software. 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 use, supporting materials and other information relating to the Software or services offered by Tally, whether distributed in print, electronic, CD-ROM, or video format, or if published online.
C. GRANT OF SOFTWARE LICENSE FOR PURCHASE & RENT
Subject to these Terms of Use, Tally grants the User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software for personal or internal business purposes only (“License”). The License to the Software is only granted to the purchaser of the Software, i.e., the User and is not intended for use for the benefit of any other person (individual or entity). The User will not rent, lease, or otherwise transfer the Software and the rights to use the Software to anyone.
D. TALLY SOFTWARE SERVICES (“TSS”)
TSS is a software subscription that offers add-on services to the Software to keep Users up to date with the latest technological developments, statutory laws and compliances. 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.
The key benefits provided under TSS include connected services to generate e-way bills instantly, sharing of invoices, orders and any other document directly from the Software to WhatsApp, connected services to generate E-invoice, business reports, digital payment request and banking & payment, online data synchronization and remote Access and such other services that Tally may introduce from time to time.
Tally provides an initial 12-month validity of TSS with every new perpetual Software license purchased by the User. The User acknowledges that upon the expiration of this initial validity, renewal of the TSS subscription would be necessary to continue availing the TSS services. The various TSS subscription plans can be accessed at - https://tallysolutions.com/tally-software-service/.
For more detailed terms and conditions on the Software License and TSS, if purchased online, you will have to refer the commercials terms available at https://tipl.tallysolutions.com/tallyweb/modules/sd/docmgmt/policies.php, which is an integral part of and shall be read in conjunction with these Terms of Use.
E. LICENSE EDITIONS AND OPTIONS
Tally is mindful of your unique business needs, and accordingly offers you various license editions, such as Silver or Gold, and license options, such as Regular, Rental, or Educational. You can select the best edition or option for your business based on the requirements.
Silver edition (Single User) is designed for single-user usage, making it ideal for small businesses that do not require multi-user access. Only one User can access the license at a time in a machine. If another User has to access the same license on another machine, then you will have to surrender the license from that machine and reactivate on another machine on which You wish to use. You agree and acknowledge that the Silver edition should be used only by the purchaser of TallyPrime Silver edition (i.e., User) or their authorized employees and agents. It is to be noted that once the TallyPrime Silver edition is activated in one machine, it should not be reactivated on any other machine without surrendering the license from the existing active machine. Any such activations without surrendering the license from the existing machine, shall lead to the temporary suspension / termination of your license by the Company.
Gold edition (Multi – User) is tailored for businesses that need multi-user access and support. Multiple users can access the license at the same time in a LAN environment. One machine will be designated as a ‘License Server’ and other client machines can access the license. The data can be kept in any machine in the LAN and accessed across all the machines in the network within the same subnet. It is to be noted that once the License is activated in the License Server, it should not be reactivated on any other machine without surrendering the license from the existing active machine. Any such activations without surrendering the license from the existing machine, shall lead to the temporary suspension / termination of your license by the Company.
License Options
Regular: Using a regular license, you can use TallyPrime on your computer forever. When you purchase any edition of the product, you will get free product updates and TSS for a year. Thereafter, you have to renew TSS once a year to get continuous product updates and other services.
Rental: Using a rental license, you can avail the license for a certain period, such as one, three, or twelve months, and use TallyPrime on your computer. Thereafter, you can extend the rental period by renewing TSS, or you can buy a regular license.
Educational: In the Educational Mode, the license to the Software is provided for demonstration (‘demo’) purposes only. You can use TallyPrime on your computer, but with certain limitations within the given permissible dates.
Note: The above are the primary license editions and options available to the Users. For more information and other licensing editions and options, the Users may refer to the website - https://tallysolutions.com/product-roadmap/.
F. RESTRICTIONS ON USE
The User shall not:
(“Restricted Usage”)
In the event of a User engaging in any of the aforementioned actions detailed as Restricted Usage of the Software, Tally reserves the right, with or without giving any prior notice or warning, to take any action it deems appropriate at its sole discretion, in order to protect its proprietary Software. This may include, but is not limited to, suspending the User's access to the Software, irrespective of the License Option availed of, revoking or blocking the license, without any refund or liability.
G. ACCESS TO USER DATABASE
As the Software is an on-premises Software in nature, Tally does not have access to the databases of the Users of the Software. All data contained within the Software remains solely within the User's control and is inaccessible to Tally. All data stored, processed, or otherwise managed within the Software, whether on local device or in the cloud, is encrypted and exclusively accessible to the Users themselves and Tally has no control or access to such data. In the event, User forgets or misplaces the user credentials to the Software, Tally will not be able to retrieve the same.
Since Tally does not have access to any data stored, processed, or otherwise entered and managed within the Software by the User, Tally cannot be conferred with the liability for any data loss, corruption, unauthorised access, data security breach, providing backups to the User, or any form of assistance pertaining to the data that is input by the User. The User’s access to, and continued use of, the Software and allied products/services, of and by Tally, is under consent of this disclaimer of liability of Tally. If the Software or any other products/services offered by Tally is used in conjunction with third-party tools or services, Tally disclaims any responsibility for data handling or outcomes related to such integrations. Tally is not responsible for assisting with data entry, correction, validation, or interpretation. Any errors or omissions in input data are the sole responsibility of the user.
No Liability for Data-Driven Outcomes: Tally shall not be liable for any business decisions, financial losses, or operational impacts resulting from data processed, obtained, based on, or derived through the Software and/or any Tally products/services.
H. PRIVACY POLICY
Providing our Software services requires collecting and using your information. The Privacy Policy explains how we collect, use and share information across Tally, Tally’s Partners, Service Providers, regulators and law enforcement agencies. It also explains the many ways in which you can control your information. You must agree to the Privacy Policy available at TallyPrime's Privacy Policy | Tally Solutions to use our Software.
I. CONFIDENTIALITY
Users agree to keep all information obtained through our services confidential and not disclose it to third parties. This obligation shall survive the termination of services or use of the Software.
It is to be noted that Tally shall use and process the Confidential Data (which shall not include their financial data or customer data) of the User for collecting telemetry data such as performance, operations and usage of Software. This telemetry data shall be used for the purpose of determining the usability of different features of the Software, improving our services, providing updates to the Users on relevant features of the Software, and for providing support services to the User.
J. 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.
K. SUPPORT AND MAINTENANCE
Tally may provide User with updates, upgrades, or bug fixes for the Software at its sole discretion. This Terms of Use does not entitle User to any support, maintenance, or new versions of the Software.
L. COMPLIANCE WITH LAWS
Tally is, and shall continue to be, compliant with all applicable laws, rules and regulations for the provision of the Services under this Terms of Use.
M. TERM AND TERMINATION
These Terms of Use shall commence on the date when the Software is activated and shall continue throughout the life of the Software. In the case of rental license / Software, it shall survive till the term as mentioned while renting the Software. Upon termination, the User shall be obligated to destroy all copies of the Software and related documentation received from Tally or the Tally Partners. Other provisions such as Disclaimers, limitation of liability, remedies, shall survive termination.
Tally may terminate the User’s license to use the Software and/or any Tally products/services immediately, if the User breaches any provision of this Terms of Use. Upon termination, User must cease all use of the Software and promptly delete or destroy all copies of the Software in its possession or control.
N. 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 actions, 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.
Our responsibility for anything that happens on the Software (also called "liability") is limited to the cost of purchase of the TallyPrime Software. You agree that we won't be responsible ("liable") for any lost profits, revenues, information or data, or consequential, special, indirect, exemplary, punitive or incidental damages arising out of or related to these Terms of Use, even if we know of its possibility.
O. NO LIABILITY FOR PARTNER ACTIONS
It is hereby expressly stated in these Terms of Use that Tally shall not be held responsible or liable for any actions, conduct, or omissions of its partners. Any claims, damages, losses, liabilities, or grievances arising from the actions of Tally Partners are not the responsibility of Tally, and Users agree not to hold Tally accountable for any such occurrences.
P. INDEMNIFICATION
User agrees to indemnify, defend, and hold harmless Tally, its respective officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to User's use of the Software or any breach of this Terms of Use by User.
Q. DISCLAIMER
Other than the express, limited warranties set forth above, 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 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 or by our customer support team is not intended to constitute professional advice and is merely for your guidance. You acknowledge that any reliance on the information provided by the Software or by our customer support team / Company personnel is at your own discretion and 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 or by our customer support team. 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.
We reserve the right, at our sole discretion, to modify, remove, or discontinue any features or functionalities that are unused, outdated, obsolete, or no longer required under applicable law.
R. DISPUTE RESOLUTION, GOVERNING LAW & JURISDICTION
In the event of any dispute whatsoever arising between the parties in any way connected with the interpretation or implementation of any term of this document, or in any way connected with the use or inability to use the Software, you agree to notify Tally and try to resolve it amicably. If Parties are unable to resolve the dispute amicably within a period of 30 days, the dispute shall be referred to arbitration proceedings presided by a sole arbitrator mutually appointed by both Parties. The proceedings will be governed by the provisions of Arbitration and Conciliation Act, 1996 and amendments thereto, and the decision of the arbitrator will be final and binding on all parties. You must notify us of your intent to invoke arbitration. The Seat of arbitration shall be Bengaluru, India. All disputes whatsoever that may arise shall be governed and construed in accordance with the laws prevailing in the Republic of India and Courts at Bengaluru shall have exclusive jurisdiction.
S. ENTIRE TERMS OF USE
These Terms of Use constitutes the entire Terms of Use between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous Terms of Uses, understandings, or representations, whether written or oral, relating to the same subject matter. These Terms of Use may be amended by Tally at its sole discretion. Such amendments may be posted through the Software or on Our website or We notify you by other means. Your continued use of the Software indicates your acceptance to any amendments of the Terms of Use. These Terms may be read with the Terms of Use of any other Tally Software, Service or related products that the User may be using conjointly, separately, or in any connected manner, which would require both (or more as the case may be) Terms to apply simultaneously.
T. SEVERABILITY
If any provision of this Terms of Use is held by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this Terms of Use shall remain in full force and effect, and the affected provision shall be replaced with a valid, legal, and enforceable provision that most closely reflects the original intent of the parties.
U. WAIVER
No waiver of any provision of this Terms of Use shall be deemed, or shall constitute, a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
V. NOTICES
All notices or other communications under these Terms of Use shall be in writing and shall be deemed served when delivered personally, sent by certified or registered mail, postage prepaid, or sent by email, to the parties at their respective addresses set forth in this Terms of Use, or to such other address as either party may designate by notice to the other party.
Tally Solutions Private Limited
Registered Office:
331-336, Raheja Arcade, Koramangala,
Bangalore 560 095 Karnataka, India
Corporate Office:
AMR Tech Park II, No.23 & 24,
Hongasandra, Hosur Main Road,
Bangalore 560 068, India
Email: support@tallysolutions.com
