Terms & Conditions

Last Updated: July 20, 2026  |  Effective Date: July 20, 2026

1. Acceptance of Terms

These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Shyam Software ("Company," "we," "us," or "our"), a software development firm registered in Rajkot, Gujarat, India.

By accessing, downloading, installing, or using any of our software products, websites, mobile applications, or related services (collectively, "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must discontinue use immediately.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

These Terms automatically extend to cover any new software products, modules, features, or services that Shyam Software may develop, launch, or acquire in the future, effective from their date of availability, unless we publish separate terms specific to that product.

2. Definitions

Term	Definition
Software	All products developed by Shyam Software, whether currently existing or developed in the future, including but not limited to BusinessERP, Ecom, JewelSoft, ProductScan, custom software, and mobile applications.
Cloud ERP	The web-based ERP software accessible via erp.shyamsoftware.com and associated subdomains.
Desktop ERP	Locally installed ERP software licensed for use on specific machines.
Subscription	A time-limited license to use the cloud ERP software, typically billed annually.
AMC	Annual Maintenance Contract — a paid service agreement covering software updates, bug fixes, and technical support.
Custom Development	Software features, modules, or entire applications built to your specific requirements.
User Data	All data entered, uploaded, or generated by the user within our software.

3. Software License & SaaS Agreement

3.1 Cloud ERP License (SaaS)

Subject to your compliance with these Terms and payment of applicable fees, Shyam Software grants you a limited, non-exclusive, non-transferable, revocable license to access and use the cloud ERP software during your active subscription period. This license is granted on a Software-as-a-Service (SaaS) basis.

• The software is provided "as a service" — you access it via a web browser. No software is installed on your servers.
• Your license is limited to the number of users, modules, and features specified in your subscription plan.
• You may not sublicense, resell, redistribute, or make the software available to any third party without our prior written consent.

3.2 Desktop ERP License

For desktop-installed ERP products, you are granted a perpetual (but conditional) license to use the software on the specific machines for which it was licensed:

• The license is tied to specific hardware identifiers and cannot be transferred to other machines without our authorization.
• You may use the software for your internal business operations only.
• Continued access to updates and support requires an active AMC.

3.3 Restrictions

You shall NOT:

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software
• Copy, modify, adapt, translate, or create derivative works based on the Software
• Remove, alter, or obscure any copyright, trademark, or proprietary notices
• Use the Software for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to any part of the Software, related systems, or networks
• Use automated scripts, bots, or scrapers to access or extract data from the Software
• Share login credentials with unauthorized individuals

4. User Registration & Account

• To access our cloud services, you must create an account with accurate and complete information.
• You are responsible for maintaining the confidentiality of your login credentials, including passwords and MPINs.
• You must immediately notify us if you suspect unauthorized access to your account.
• We reserve the right to suspend or terminate accounts that contain false, misleading, or fraudulent information.
• One business entity should maintain only one primary account unless explicitly authorized otherwise.

5. User Responsibilities

• You are solely responsible for the accuracy of all data entered into the Software, including invoices, inventory records, GST details, and financial transactions.
• You are responsible for verifying all tax calculations, GST returns (GSTR-1, GSTR-3B), E-Invoices, and E-Way Bills before filing with government authorities. Shyam Software is not liable for any tax penalties, discrepancies, or legal consequences arising from errors in your data or filings.
• You shall use the Software only for lawful business purposes.
• You are responsible for training your employees and staff on proper usage of the Software.
• You shall maintain adequate backups of your critical business data.
• You shall comply with all applicable laws, regulations, and industry standards relevant to your business.

6. Company Responsibilities

Shyam Software undertakes the following responsibilities:

• Provide access to the Software in accordance with your subscription plan.
• Maintain reasonable security measures to protect your data.
• Provide technical support as described in Section 13 (Support & AMC).
• Notify you of planned maintenance windows in advance (minimum 24 hours for non-emergency maintenance).
• Apply security patches and critical bug fixes in a timely manner.
• Maintain data backups as described in our Privacy Policy.

7. Subscription Plans & Pricing

7.1 Plan Structure

We offer subscription plans on an annual basis. Each plan includes a defined set of features, modules, user limits, and storage quotas. Plan details and pricing are available on our website or upon request from our sales team.

7.2 Renewal

• Subscriptions are billed annually and must be renewed before the expiration date to ensure uninterrupted access.
• We will send renewal reminders via email, SMS, or WhatsApp at least 30 days before expiration.
• If the subscription is not renewed within the 15-day grace period after expiration, your account will be suspended (read-only mode). Data will be retained for an additional 45 days, after which it may be permanently deleted.

7.3 Price Changes

We reserve the right to modify pricing with at least 60 days' prior written notice. Price changes will not apply to your current active subscription period but will take effect upon renewal.

8. Payment Terms

• All prices are quoted in Indian Rupees (INR) unless otherwise specified.
• Payment must be made via bank transfer (NEFT/RTGS/IMPS), UPI, or approved online payment gateway.
• A valid invoice or payment receipt will be issued for every payment received.
• For custom development projects, payment milestones will be defined in a separate Statement of Work (SOW).
• Late payments may result in suspension of services after a 15-day grace period.

9. Refund Policy

Important: Please read this section carefully before making any payment.

9.1 Subscription Refunds

All subscription fees are strictly non-refundable once the subscription period has commenced, except in the following circumstances:

• Duplicate Payment: If you have been charged twice for the same subscription period due to a technical error, the duplicate amount will be refunded in full within 15 business days.
• Service Non-Delivery: If we are unable to provision your account within 7 business days of receiving payment due to a fault on our end, you are entitled to a full refund.

9.2 Custom Development Refunds

Payments for custom software development are non-refundable for work already completed. Refund terms for milestone-based projects will be defined in the individual Statement of Work (SOW).

9.3 AMC Refunds

Annual Maintenance Contract fees are non-refundable once the AMC period has commenced.

9.4 Desktop License Refunds

Desktop software license fees are non-refundable once the license key has been activated.

9.5 Refund Process

To request a refund, contact us at Shyamsoftware91@gmail.com with your payment receipt and reason for the request. Eligible refunds will be processed within 15 business days to the original payment method.

10. Cancellation Policy

• You may choose not to renew your subscription at any time by simply not making the renewal payment.
• There is no penalty for non-renewal.
• If you wish to cancel mid-term, no pro-rata refund will be provided for the unused portion of your subscription.
• Upon cancellation, your account will enter read-only mode for 45 days. During this period, you may export your data. After 45 days, your data will be permanently deleted.
• To request immediate account deletion (including all data), please submit a written request to our support team.

11. Free Trial Terms

• We offer a complimentary trial period (typically 15 days) for new users to evaluate the Software.
• During the trial, you have access to all features of the Software without any payment obligation.
• At the end of the trial period, your account will be suspended unless you purchase a subscription.
• Data entered during the trial period will be retained for 30 days after trial expiration. After that, it may be permanently deleted.
• We reserve the right to modify the duration and terms of the free trial at any time.
• The free trial is limited to one trial per business entity. Creating multiple accounts to extend trial access is a violation of these Terms.

12. Software Updates & Version Upgrades

12.1 Cloud ERP Updates

Cloud ERP customers receive all updates (bug fixes, security patches, feature enhancements) automatically at no additional cost as part of their active subscription.

12.2 Desktop ERP Updates

Desktop ERP customers receive updates only during their active AMC period. Major version upgrades may require an additional upgrade fee.

12.3 Update Deployment

• Critical security patches may be deployed immediately without prior notice.
• Feature updates and non-critical changes will be communicated in advance.
• We make every effort to ensure backward compatibility, but certain updates may require minor adjustments to your workflow.

13. Technical Support & AMC Policy

13.1 Support Channels

Channel	Availability
WhatsApp	Monday to Saturday, 10:00 AM — 7:00 PM IST
Phone Call	Monday to Saturday, 10:00 AM — 7:00 PM IST
Email	24/7 (response within 24 hours)
Remote Access (AnyDesk/TeamViewer)	By appointment, during business hours

13.2 Support Coverage

• Included in Subscription/AMC: Bug fixes, troubleshooting, guidance on existing features, minor configuration changes, data import assistance.
• Not Included (Chargeable): Custom development, new module creation, major data migration, on-site visits, training for new staff (beyond initial setup).

13.3 AMC for Desktop Products

• Desktop ERP users must maintain an active AMC to receive software updates and technical support.
• AMC is billed annually and must be renewed before expiration.
• If AMC lapses for more than 45 days, reactivation may require payment of arrears for the lapsed period.

14. Service Level Agreement (SLA)

For cloud ERP customers, we commit to the following service levels:

14.1 Uptime Target

We target a monthly uptime of 99.5% for our cloud ERP platform, measured as the total minutes in a calendar month minus unplanned downtime, divided by total minutes in the month.

14.2 Exclusions

The following are excluded from the uptime calculation:

• Scheduled maintenance (communicated at least 24 hours in advance)
• Force majeure events (see Section 25)
• Issues caused by the user's internet connection, browser, or device
• Third-party service outages (payment gateways, SMS providers, government portals)

14.3 Incident Response

Severity	Description	Response Time	Resolution Target
Critical	Platform completely inaccessible	1 hour	4 hours
High	Major feature broken (e.g., billing non-functional)	4 hours	24 hours
Medium	Minor feature issue, workaround available	24 hours	72 hours
Low	Cosmetic issue, enhancement request	48 hours	Next release cycle

15. Data Ownership & Portability

• You may export your data at any time through the built-in export features (Excel, CSV, PDF) or by requesting a data export from our support team.
• Upon termination, we will provide a reasonable window (45 days) for you to export your data before deletion.
• We will not use your business data for any purpose other than providing the Services to you, except as aggregated and anonymized for statistical analysis.

16. Intellectual Property Rights

16.1 Company IP

All intellectual property rights in the Software — including source code, object code, algorithms, database schemas, user interface designs, documentation, trademarks ("BusinessERP," "Ecom," "JewelSoft," "Shyam Software"), logos, and trade secrets — are and shall remain the exclusive property of Shyam Software.

16.2 User Content

You retain all rights to the data and content you input into our Software. By using our Services, you grant us a limited, non-exclusive license to process, store, and display your data solely for the purpose of providing the Services.

16.3 Feedback

If you provide us with feedback, suggestions, or ideas regarding our Software, you grant us an irrevocable, perpetual, worldwide license to use, modify, and incorporate such feedback into our products without any obligation or compensation to you.

17. Confidentiality

• Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the course of the business relationship.
• Shyam Software will not disclose your business data to any third party except as required by law or as described in our Privacy Policy.
• You agree not to disclose any pricing terms, custom agreements, or proprietary features shared with you by Shyam Software to competitors or unauthorized parties.
• Confidentiality obligations survive the termination of these Terms for a period of 3 years.

18. Fair Usage Policy

Our subscription plans include generous usage allowances. However, to maintain service quality for all customers:

• Storage: Each plan includes a defined storage quota. Exceeding the quota may require an upgrade or additional storage purchase.
• Bulk Operations: Extremely large bulk imports/exports (e.g., 100,000+ records) should be coordinated with our support team to avoid performance impact.
• Concurrent Users: Each plan supports a specified number of concurrent users. Exceeding this limit may result in degraded performance.

19. Security Responsibilities

19.1 Our Security Measures

• Industry-standard encryption for all data in transit and at rest
• Regular security audits and vulnerability assessments
• DDoS protection and intrusion detection systems
• Immutable audit logs for all critical operations

19.2 Your Security Responsibilities

• Use strong, unique passwords for your account
• Do not share login credentials with unauthorized individuals
• Keep your devices and browsers updated with the latest security patches
• Report any suspected security incidents to us immediately
• Log out of shared or public devices after use

20. Acceptable Use Policy

You agree NOT to use the Software to:

• Store, transmit, or process any illegal, obscene, defamatory, or infringing content
• Generate fraudulent invoices, fake GST returns, or forged financial documents
• Conduct money laundering, tax evasion, or any form of financial fraud
• Send spam, unsolicited messages, or phishing attempts through our communication integrations
• Interfere with or disrupt the integrity or performance of the Software
• Attempt to probe, scan, or test the vulnerability of our systems without authorization
• Use the Software in any manner that violates applicable laws or regulations

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.

21. Backup Responsibilities

• Cloud ERP: We maintain automated daily backups with a 30-day retention period. However, we strongly recommend that you periodically export and maintain your own copies of critical data.
• Desktop ERP: You are solely responsible for maintaining backups of your locally stored data. Shyam Software is not liable for any data loss on your local systems.
• Backup restoration requests may be subject to a service fee if not covered under your AMC/subscription.

22. Service Availability & Downtime

22.1 Scheduled Maintenance

We perform scheduled maintenance during off-peak hours (typically between 12:00 AM — 5:00 AM IST on Sundays). You will be notified at least 24 hours in advance via email or in-app notification.

22.2 Unplanned Downtime

In the event of unplanned downtime due to hardware failure, software bugs, or infrastructure issues, we will work to restore service as quickly as possible and will communicate status updates through our support channels.

22.3 Emergency Maintenance

Critical security patches or emergency fixes may be deployed without prior notice. We will notify affected users as soon as possible.

23. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond the reasonable control of the affected party, including but not limited to:

• Natural disasters (floods, earthquakes, cyclones)
• Epidemics, pandemics, or public health emergencies
• War, terrorism, civil unrest, or government sanctions
• Power outages, internet disruptions, or telecommunications failures
• Acts of government or regulatory authorities
• Cyberattacks, DDoS attacks, or other malicious activities beyond our control

24. Limitation of Liability

Please read this section carefully.

• To the maximum extent permitted by applicable law, Shyam Software shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business, loss of goodwill, or business interruption.
• Our total aggregate liability for any claims arising out of or related to these Terms or the use of our Services shall not exceed the total fees paid by you to Shyam Software during the twelve (12) months immediately preceding the event giving rise to the claim.
• We are not liable for any losses arising from your failure to maintain adequate backups, your use of incorrect tax rates, errors in your data entry, or your failure to verify generated reports before submission to authorities.

25. Indemnification

You agree to indemnify, defend, and hold harmless Shyam Software, its directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising out of or related to:

• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your negligent or wrongful use of the Software
• Any third-party claim arising from data you entered into the Software
• Your failure to comply with tax obligations

26. Warranty Disclaimer

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

While we strive to ensure the accuracy and reliability of our Software, we do not warrant that:

• The Software will be uninterrupted, error-free, or completely secure
• The results obtained from the Software will be accurate or reliable for all use cases
• Any errors in the Software will be corrected within a specific timeframe
• The Software will be compatible with all hardware configurations, operating systems, or browsers

27. Third-Party Software & Components

Our Software may incorporate third-party libraries, frameworks, and open-source components. These components are used under their respective licenses, and their availability, functionality, and terms are governed by their original developers. Shyam Software is not responsible for bugs, vulnerabilities, or changes in third-party components beyond our control.

28. Termination & Suspension

28.1 Termination by User

You may terminate your use of the Services at any time by not renewing your subscription. No advance notice is required for non-renewal.

28.2 Termination by Shyam Software

We may suspend or terminate your access to the Services, with or without notice, if:

• You breach any provision of these Terms
• You fail to pay applicable fees after the grace period
• We have reason to believe your account is being used for illegal activities
• Your use of the Services poses a security threat to our infrastructure or other customers

28.3 Effects of Termination

• Upon termination, your right to access the Software immediately ceases.
• You will have 45 days from the date of termination to export your data.
• After 45 days, your data will be permanently and irreversibly deleted from our systems.
• Sections relating to Intellectual Property, Confidentiality, Limitation of Liability, Indemnification, and Governing Law shall survive termination.

29. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Rajkot, Gujarat, India.

30. Dispute Resolution & Arbitration

Before initiating formal legal proceedings, both parties agree to attempt to resolve any dispute through good-faith negotiation for a period of at least 30 days. If the dispute cannot be resolved through negotiation:

• The dispute shall be referred to and resolved by binding arbitration under the Arbitration and Conciliation Act, 1996 (India).
• The arbitration shall be conducted by a sole arbitrator mutually agreed upon by both parties.
• The seat of arbitration shall be Rajkot, Gujarat, India.
• The language of arbitration shall be English.
• The arbitrator's award shall be final and binding on both parties.

31. Severability & Entire Agreement

31.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect.

31.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Shyam Software regarding the use of our Services. These Terms supersede all prior agreements, understandings, and communications (whether written or oral) relating to the subject matter hereof.

31.3 Waiver

The failure of Shyam Software to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

32. 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.
• We will notify you via email or in-app notification at least 30 days before the changes take effect.
• Your continued use of the Services after the effective date constitutes your acceptance of the revised Terms.
• If you do not agree to the revised Terms, you must discontinue use of the Services before the effective date.

33. Contact Details

If you have any questions about these Terms & Conditions, please contact us:

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