Terms of Service

1.About these terms

These Terms of Service (the “Terms”) are an agreement between Qlomack Global Technologies LLP, a limited liability partnership registered in India (“Qlomack”, “we”, “us” or “our”), and the business or organization that creates an account with, or subscribes to, Qlomack Business Manager (“Qlomack BM”) (the “Customer”, “you” or “your”).

They apply to the Qlomack BM application and its modules, its programming interfaces, and our website (together, the “Service”).

If you accept these Terms on behalf of a business, you confirm that you are authorised to bind that business. If you do not have that authority, or you do not agree to these Terms, do not use the Service.

Qlomack BM is a business-to-business service. It is intended for businesses and professionals, not for consumers acting for personal, family or household purposes.

These Terms include our Privacy Policy, Cookie Policy and Data Processing Terms. If you have signed a separate written agreement with us for the Service, that agreement prevails where it conflicts with these Terms.

2.Definitions

• Organization: a workspace in Qlomack BM created for a business, with its own members, settings, subscription and data.
• Owner: a member of an Organization with the Organization Owner role, who can manage its billing, members and settings.
• User: an individual whom the Customer allows to access its Organization, including Owners.
• Customer Data: all data, files and other content that the Customer or its Users enter, upload or create in the Service, including personal data about employees, customers, suppliers, tenants and other people.
• Subscription: the plan, billing cycle, modules and number of users that the Customer chooses and pays for.
• Fees: the amounts payable for a Subscription.

3.Accounts and organizations

Each person who uses the Service needs their own Qlomack account with a verified email address. Account information must be accurate and kept up to date. Accounts must not be shared.

One account can belong to several Organizations. Each Organization has its own Subscription and its own Customer Data. The person who creates an Organization becomes its first Owner and accepts these Terms for that business.

The Customer is responsible for:

• deciding who may access its Organization, and with which role and branch access;
• the acts and omissions of its Users, as if they were its own;
• making sure its Users keep their sign-in details confidential; and
• telling us promptly at support@qlomack.com if it suspects any unauthorised access to its Organization.

We recommend that every User turns on two-factor authentication. We are not responsible for loss caused by sign-in details that the Customer or its Users do not protect.

An Organization must always have at least one Owner. If an Owner is leaving the business, another person should be made an Owner before the departing Owner’s access is removed.

4.Free trial

A new Organization starts with a free 14-day trial of the Business Pro plan. No payment card is needed to start it.

The trial is for evaluating the Service. We may limit, change or end trials, and may refuse a trial where we reasonably suspect misuse or repeated trials by the same business.

We remind Owners before the trial ends. If no paid plan has been chosen by the end of the trial, the Organization becomes read-only: Users can still sign in, view records and export data, but cannot add or change anything. Customer Data is not deleted when a trial ends. Section 13 explains how long it is kept.

To the extent permitted by law, the Service is provided during a trial “as is”, and the commitments in sections 10 and 16 do not apply to trials.

5.Subscriptions, fees and payment

Plans and prices

The plans, prices, included users, modules, branches and storage are shown on our Pricing page and at checkout. The price shown at checkout, in the currency for your Organization’s country, is the price that applies.

Payment providers

Payments are processed by third-party payment providers: Razorpay for payments in Indian rupees, and Stripe for payments in other currencies. You are redirected to the provider’s pages to authorise payment, and the provider’s own terms also apply. We do not receive or store full card numbers or bank account credentials.

Taxes

Fees do not include taxes. Applicable taxes, such as GST in India or VAT, are added at checkout and are payable by you. If the law requires you to withhold tax from a payment to us, you must pay the amount withheld to the tax authority and send us the certificate or other evidence we reasonably need to claim credit for it.

Automatic renewal

Subscriptions are billed in advance, monthly or yearly, and renew automatically for the same period at the end of each billing period until they are cancelled. By subscribing, you authorise us and our payment provider to charge the Fees for each renewal using the payment method or mandate you set up.

Changing your plan

An Owner can change the plan, modules or extra users in Billing & Subscription. A new plan starts when the payment provider confirms payment. Unless checkout says otherwise, the previous plan then ends without a pro-rated credit or refund for its unused part. If you move to a plan with fewer modules, modules outside the new plan are switched off, and the data in them is kept.

Plan limits

Each plan has limits on users, branches, modules and storage. The Service will not let an Organization go beyond them. To go beyond a limit, change your plan or add users.

Failed payments

If a renewal payment fails, full access continues for a grace period of 7 days while the payment is retried or the payment method is updated. If payment has still not been received when the grace period ends, the Organization becomes read-only until a paid plan is active again.

Price changes

We may change our prices. A change never affects a period you have already paid for. We will tell Owners by email or in the Service at least 30 days before a new price applies to a renewal. If you do not agree to the new price, you can cancel before the renewal.

Questions about a charge

If you believe a charge is wrong, contact us at support@qlomack.com within 60 days of the charge. We will look into it in good faith and correct any error we have made.

6.Cancellation and refunds

An Owner can cancel a Subscription at any time in Billing & Subscription, or by contacting us. Cancellation takes effect at the end of the current paid period: the Organization keeps full access until then, and nothing more is charged.

When the paid period ends, the Organization becomes read-only and its Customer Data is kept as described in section 13. You can choose a plan again at any time to switch changes back on.

Fees are non-refundable. We do not give refunds or credits for partial billing periods, unused users or modules, or changes to a smaller plan, except where these Terms expressly say otherwise or where a refund is required by applicable law.

7.Acceptable use

You may use the Service only for lawful business purposes and in line with these Terms. You must not, and must not allow anyone else to:

• use the Service to break any law or regulation, or to infringe anyone’s rights, including rights under privacy, data protection, intellectual property and consumer protection laws;
• upload or store content that is unlawful, fraudulent, defamatory or obscene, or that you do not have the right to use;
• upload malware or anything designed to damage or interfere with systems or data;
• try to access accounts, Organizations or data that are not yours, or to bypass or probe authentication, tenant isolation, rate limits, plan limits or other security controls, unless we have agreed to a security test in writing;
• place an unreasonable load on the Service, including by automated scraping, or use the API in ways other than as documented;
• use invitations, notifications or integrations to send unsolicited bulk messages;
• resell, sublicense or provide the Service to third parties, except to your own Users as these Terms allow;
• copy, modify, reverse engineer or decompile the Service, except to the extent the law permits despite this restriction; or
• use the Service to build a competing product, or publish benchmarks of it without our written consent.

If you find a security vulnerability, please report it to support@qlomack.com, and do not exploit or disclose it before we have had a reasonable opportunity to fix it.

8.Your data

You own your Customer Data. As between you and us, you keep all rights in it, and we do not claim ownership of it.

You give us a limited right to host, copy, process, transmit and display Customer Data only as needed to provide, secure, support and maintain the Service for you, and as required by law. We process personal data in Customer Data as your processor, as described in our Data Processing Terms. We do not sell Customer Data and do not use it for advertising.

We may compile aggregated statistics about how the Service is used, for example how many invoices are created each month across all customers. These statistics do not identify you, your Users or any individual, and we use them only to operate and improve the Service.

You are responsible for your Customer Data: for its accuracy and lawfulness, for having the notices, consents or other legal basis needed to collect it and put it into the Service (including under India’s Digital Personal Data Protection Act, 2023 and any other data protection law that applies to you), and for how you use the results.

We back up the Service database every night and keep backups for 14 days by default. Backups exist to recover the Service after a failure; they are not a way to recover individual records that you delete. Use the data export to keep your own copies of important data.

If you connect a third-party service or set up webhooks, you instruct us to send the relevant Customer Data to that service. How the third party handles it is governed by your agreement with them, and we are not responsible for it.

9.What the modules do and do not do

Qlomack BM modules are business management tools. They do not provide legal, tax, accounting, payroll, customs or other professional advice, and they do not guarantee compliance with any law or regulation.

• Qlomack CFO records invoices and the payments you receive, and keeps accounting records from them. It is not a bank or a payment processor and does not collect money. GST returns, e-invoices and e-way bills are generated as files for you to check and upload; the Service does not file them on government portals.
• Qlomack Workforce calculates payroll using statutory rates, ceilings and slabs held in tables that you are responsible for checking and keeping up to date. It does not file statutory returns or make payments to employees or authorities.
• Qlomack Comply tracks obligations, licences and renewals. It does not guarantee legal or regulatory compliance and does not supply legal templates.

You remain responsible for checking configurations, tax rates, templates, documents and other results against the requirements that apply to your business, and for the decisions you make using the Service.

10.Availability, support and changes to the Service

We use commercially reasonable efforts to keep the Service available and to fix problems promptly. We do not guarantee any particular level of availability. The Service may be unavailable during maintenance or updates, because of failures of third-party providers, or because of events beyond our reasonable control. Where practical, we schedule planned maintenance for quieter times and give notice of significant planned downtime.

Support is available by email at support@qlomack.com and by phone on +91 7337546393 during normal business hours in India. We aim to respond promptly, but response and resolution times are not guaranteed unless we have agreed them in writing.

We improve the Service continually and may add, change or remove features. If we remove a feature that is material to your paid Subscription, we will tell Owners in advance where practical. If the change materially reduces the Service you pay for, you may cancel and receive a pro-rated refund of prepaid Fees for the rest of the paid period.

Features marked as beta or preview are provided “as is” and may change or be withdrawn at any time.

11.Suspension

We may suspend access to all or part of the Service for an Organization or a User if:

• we reasonably believe it is necessary to prevent or stop a security threat, harm to the Service or to other customers, or unlawful activity;
• the Organization or User seriously breaches the acceptable use rules in section 7; or
• we are required to do so by law or by a competent authority.

Unpaid Fees do not lead to suspension: the Organization becomes read-only instead, as described in section 5.

We will limit any suspension to what is reasonably necessary and, where practical and lawful, tell the Owners in advance and give them an opportunity to fix the problem. We will restore access once the reason for the suspension has been resolved.

12.Term and termination

These Terms apply from when you first use the Service until all of your Organizations have ended and their Customer Data has been deleted.

You may stop using the Service at any time. Cancelling a Subscription is covered in section 6, and closing an Organization and deleting its data in section 13.

Either party may end these Terms for an Organization by written notice if the other party materially breaches them and does not remedy the breach within 30 days of being notified (or immediately, if the breach cannot be remedied), or if the other party becomes insolvent or subject to insolvency proceedings.

We may stop providing the Service for our own convenience by giving Owners at least 60 days’ notice. In that case we will refund prepaid Fees for the period after the Service ends.

When these Terms end for an Organization, the right to use the Service ends. We will keep the Organization available in read-only mode for at least 30 days so that its Owners can export Customer Data, unless the law prevents it or we ended these Terms because of a serious breach of section 7 (in which case we will still provide an export on request where it is lawful and safe to do so). Fees already due remain payable.

Sections 8, 13, 14, 15, 16, 17, 18, 20 and 21, and any other provision that by its nature should continue, survive the end of these Terms.

13.Data export and deletion

While an Organization exists, including while it is read-only, its Owners and admins can export Customer Data at any time: individual lists as CSV files from each module, and a full export (a ZIP file with a CSV file for each kind of record and, optionally, your uploaded documents) from Settings → Data Export. Each export file can be downloaded for 7 days. See the guide Export your data.

Read-only Organizations. When a trial or Subscription ends, we keep the Customer Data so that you can export it or pick up where you left off. We may delete the Customer Data of an Organization that has had no active Subscription for 12 months or more, but only after telling its Owners by email at least 30 days in advance.

Deletion on request. An Owner can ask us to close an Organization and delete its Customer Data by writing to support@qlomack.com from the email address of their Qlomack account. We will delete the Customer Data, including uploaded documents, from our live systems within 30 days of confirming the request. Copies in our backups are removed automatically as those backups expire, which under our default backup retention is within 14 days after deletion from live systems. Until then, backups remain protected by the same security measures and are not used for any other purpose.

We may keep limited information after deletion where the law requires it or where we need it for our own records, such as billing and tax records and a record of the deletion request.

Please export anything you need before asking for deletion. Deleted data cannot be recovered.

14.Intellectual property

We and our licensors own all rights in the Service, including its software, design and documentation, and the Qlomack name and logos.

Subject to these Terms and to payment of the Fees, we grant you a non-exclusive, non-transferable right, without the right to sublicense, to use the Service during your trial or Subscription, and to let your Users use it, for your internal business purposes.

Nothing in these Terms transfers ownership of our intellectual property to you, or of your Customer Data to us. You must not remove our proprietary notices or use our trade marks without our written permission. We will name you as a customer only with your permission.

If you send us suggestions or feedback, we may use them freely without any obligation to you, but we will not identify you as their source without your consent.

15.Confidentiality

“Confidential Information” means non-public information that one party discloses to the other in connection with the Service and that is marked as confidential or that a reasonable person would understand to be confidential. Customer Data is your Confidential Information. Non-public details of the Service, including our security arrangements and any individually agreed pricing, are ours.

The receiving party will use the other party’s Confidential Information only to provide or use the Service under these Terms, will protect it with at least reasonable care, and will disclose it only to its partners, employees, contractors and professional advisers who need to know it and are bound by confidentiality obligations at least as protective as these.

These obligations do not apply to information that is or becomes public through no fault of the receiving party, that it already knew without restriction, that it develops independently, or that it lawfully receives from a third party without restriction.

If the law, a court or a regulator requires disclosure, the receiving party may disclose the minimum required and, where lawful, will promptly tell the other party so that it can seek protection.

16.Warranties and disclaimers

Each party confirms that it has the authority to enter into these Terms. We will provide the Service with reasonable skill and care, and will maintain the security measures described in our Data Processing Terms.

You confirm that you have the rights, notices and consents needed for your Customer Data and for its processing through the Service.

Except as expressly set out in these Terms, and to the fullest extent permitted by law, the Service is provided “as is” and “as available”. We disclaim all other warranties and conditions, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that it will meet all of your requirements, or that its results (such as calculations, reports, reminders, notifications and emails) will be free of errors or delivered on time. You are responsible for checking results before relying on them.

17.Limitation of liability

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for fraud.

Subject to that, neither party is liable to the other, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any indirect, incidental, special, consequential or punitive loss, or for any loss of profits, revenue, business, goodwill or anticipated savings, even if it was told that such loss was possible.

Subject to the first paragraph of this section, each party’s total liability arising out of or in connection with these Terms and the Service is limited to the total Fees you paid to us for the Service in the 12 months before the event giving rise to the claim. This limit does not apply to your obligation to pay Fees that are due.

The parties agree that these limits are reasonable, reflect how risk is allocated between them, and are reflected in the Fees.

18.Indemnities

Our indemnity

We will defend you against any claim by a third party alleging that your use of the Service in accordance with these Terms infringes that third party’s intellectual property rights, and will pay any damages finally awarded against you, or agreed by us in settlement, for that claim.

If such a claim is made or appears likely, we may obtain the right for you to keep using the Service, change the Service so that it no longer infringes, or, if neither is reasonably possible, end the affected Subscription and refund prepaid Fees for the rest of the paid period. We have no obligation for claims arising from Customer Data, from changes not made by us, from combining the Service with anything we did not provide, or from use in breach of these Terms. This section states our entire obligation for claims of infringement.

Your indemnity

You will defend us against any claim by a third party arising from your Customer Data, or from your or your Users’ use of the Service in breach of these Terms or of the law, and will pay any damages finally awarded against us, or agreed by you in settlement, for that claim.

How claims are handled

The party seeking protection must tell the other party promptly about the claim, let it control the defence and settlement, and give reasonable cooperation at its expense. No settlement may admit fault on behalf of the protected party without its consent.

19.Changes to these terms

We may update these Terms from time to time, for example to reflect changes to the Service or to the law. The “Last updated” date at the top of this page shows when they last changed.

If a change is material and adverse to paying customers, we will tell Owners by email or in the Service at least 30 days before it takes effect, unless a shorter period is required by law or the change is needed for security reasons. If you do not agree to a change, you may cancel before it takes effect and, if it would apply during a period you have already paid for, receive a pro-rated refund of the Fees for the rest of that period. Continuing to use the Service after a change takes effect means you accept it.

20.General

• Events beyond our control. Neither party is liable for delay or failure to perform (other than an obligation to pay) caused by events beyond its reasonable control, such as natural disasters, epidemics, war, civil unrest, acts of government, or failures of the internet, utilities or third-party hosting providers.
• Assignment. You may not transfer these Terms without our written consent, which we will not unreasonably withhold. We may transfer them to a successor in a merger, acquisition or sale of all or most of our business, and will tell you if we do.
• Subcontractors. We may use subcontractors and service providers to provide the Service, and remain responsible for their performance under these Terms.
• Notices. We send notices to Owners by email or in the Service. You can send notices to us at support@qlomack.com.
• Sanctions and export controls. You must not use the Service in breach of sanctions or export control laws that apply to you or to us.
• Relationship. The parties are independent contractors. These Terms do not create a partnership, agency or employment relationship.
• Whole agreement. These Terms, together with the documents they refer to, are the whole agreement between the parties about the Service and replace any earlier understanding about it.
• Severability and waiver. If any part of these Terms is found unenforceable, the rest remains in effect. Not enforcing a right is not a waiver of it.
• Third parties. No one other than the parties has any right to enforce these Terms.
• Language. These Terms are written in English, and the English version prevails over any translation.

21.Governing law and disputes

These Terms, and any dispute or claim arising out of or in connection with them or the Service, are governed by the laws of India.

Before starting court proceedings, the parties will try in good faith to settle any dispute by negotiation between senior representatives for 30 days after one party gives the other written notice of it.

Subject to that, the courts at Hyderabad, Telangana, India have exclusive jurisdiction. Either party may still apply to any competent court for urgent interim relief.

22.Contact

Questions about these Terms can be sent to support@qlomack.com or raised by phone on +91 7337546393. Our company details are listed below.