Integrated Planning & Accounting Into a Single Solution

Unlock limitless potential with labiz.app: your all-in-one subscription based ERP solution

Know More

Terms and Conditions for Labiz.app


  1. Introduction

    These Terms and Conditions (“Agreement”) govern the use of Labiz.app, a cloud-based ERP software platform provided by Labonte Technologies Pvt Ltd (“Company,” “we,” “our,” “us”). By accessing or using the Service, you agree to comply with and be bound by these Terms.

    This Agreement is entered into between Labonte Technologies Pvt Ltd (hereafter referred to as “the Company”) and you, the Customer. All references to “you” or “the Customer” refer to the individual or entity subscribing to the Service. If you disagree with any part of these terms, you must not use the Service.

  2. Subscription and Payment Terms
    • Subscription Plans: The Service is available through various subscription packages, each offering different features and benefits. Subscription fees are payable as per the plan selected.

    Indian Law Reference: The subscription agreement is binding under Section 10 of the Indian Contract Act, 1872, which stipulates that for a contract to be valid, there must be mutual consent, lawful consideration, and an intention to create legal relations.

    • Payment and Billing:
      • Subscriptions are billed upfront for the entire service period
      • Payments must be made via authorized payment gateways,BANK in compliance with the Payment and Settlement Systems Act, 2007 (India).
    • Price Changes: The Company reserves the right to change prices based on market trends, exchange rates, or cost adjustments (e.g., server cost fluctuations). Indian Law Reference: This is subject to Section 14 of the Consumer Protection Act, 2019, which governs terms relating to unfair trade practices, including price changes.
    • Grace Period: After the subscription expires, a grace period may be allowed for the Customer to make payment. This period is not free of charge and the customer must pay for those grace days as part of the next payment cycle.
  3. Data Ownership, Security, and Backup
    • Data Ownership:
      • The Customer retains full ownership of all data entered into the platform
      • The Company does not claim ownership of your data but may access and process it for the purpose of providing and maintaining the Service.

    Indian Law Reference: Data ownership is protected under the Information Technology Act, 2000 and the Data Protection Bill, 2021. Customers' data is considered their proprietary information.

    • Data Security and Backup:
      • The Company implements industry-standard security practices, including encryption and regular backups, to safeguard customer data.
      • Logs: The Company tracks activity for audit and security purposes, which is essential for compliance with Section 43A of the Information Technology Act, 2000, which mandates compensation for failure to protect data.
    • Disclosure to Authorities: The Company may disclose customer data to government authorities in case of legal requirements, in accordance with Section 69 of the Information Technology Act, 2000.
  4. Service Availability, Support, and Disaster Recovery
    • Service Availability: The Company strives to ensure 99.9% uptime but cannot guarantee continuous service availability due to external factors beyond its control, including force majeure events.

    Indian Law Reference: Under Section 41 of the Sale of Goods Act, 1930, in cases of force majeure, a seller (or service provider) may be excused from liability due to unforeseeable events.

    • Customer Support:
      • Support is available through the designated channels, including email and phone, and may also involve third-party agents.
      • In case of service failure or disasters, customers are expected to cooperate with the Company for timely resolution.
  5. Responsibilities of the Customer
    • Account Management: The Customer is responsible for ensuring that proper access controls are maintained. Unauthorized access due to mismanagement is the responsibility of the Customer.
    • Compliance:
      • Customers agree not to use the Service for illegal purposes such as unauthorized financial transactions or accounting.

      Indian Law Reference: Under Section 66A of the Information Technology Act, 2000, unauthorized access to the system is a punishable offense.

    • Data Protection and Security:
      • The Customer is responsible for maintaining the confidentiality of login credentials.

      Indian Law Reference: Under Section 43A of the Information Technology Act, 2000, failure to maintain security measures may lead to legal consequences.

  6. Feature Updates and Customization
    • Updates: Minor updates, security patches, and bug fixes will be provided free of charge. Major updates or custom features may require additional fees.
    • Customer Feedback: Customers are encouraged to submit suggestions for feature improvements. However, the Company is not obligated to implement every suggestion.
  7. Taxes and Other Payment Obligations
    • Taxes: The Customer is responsible for paying applicable taxes as per the laws of their respective country. The Company will charge taxes in compliance with GST (Goods and Services Tax) Act, 2017, for Indian customers.
    • Payment Gateway and Processing Fees: All payments will be processed via authorized thirdparty payment gateways, ensuring compliance with the Payment and Settlement Systems Act, 2007
  8. Termination and Suspension
    • Termination: Either party may terminate this Agreement with a 30-day written notice. Upon termination, the Customer's data will be retained for a specified period and deleted after that period expires.
    • Suspension: Accounts may be suspended for violation of these Terms, including but not limited to fraudulent activity or non-payment. The Company will provide 7-day notice before suspension.
  9. Limitation of Liability
    • Liability Cap: The Company's liability for damages or losses arising from using the Service is limited to the total amount paid by the Customer for the Service during the prior billing period.
    • Force Majeure: The Company will not be held liable for events beyond its control, including natural disasters, government actions, or network failures.
  10. Data Privacy and Third-Party Sharing
    • Data Sharing:
      • The Company may share the Customer's subscription and payment details with partners, agents, or freelancers for service improvements, data migration, or customer support. However, customer data will not be shared with third parties for marketing or any other unauthorized purposes.

      Indian Law Reference: This practice is in line with the Personal Data Protection Bill, 2019

    • Sub-Users: The Company allows Customers to create sub-users with varying levels of access. It is the responsibility of the Customer to manage these sub-users properly.
  11. Audits and Logs
    • Activity Logs: The platform maintains logs of all user activity for audit purposes, ensuring transparency and security. These logs are crucial for tracking unauthorized access, as per Section 43A of the Information Technology Act, 2000.
  12. Service Restrictions
    • Geographic Restrictions: The Service is intended for use within countries where the Customer’s business is registered.

    Indian Law Reference: The Foreign Exchange Management Act, 1999 (FEMA) governs crossborder transactions and restrictions on foreign services.

    • Usage Limits: The Service has user limits, data storage limits, and other resource constraints that Customers must adhere to.

    Indian Law Reference: Under Section 71 of the Indian Contract Act, 1872, failure to adhere to agreed terms may constitute breach of contract.

  13. Data Recovery and Disaster Recovery
    • Recovery Fees: If a Customer's data is deleted or expires, the Company will charge for the recovery, including storage and manpower costs.
    • Disaster Recovery: In case of unforeseen events or system failures, the Company will take reasonable steps to restore the Service. The Customer must cooperate during the recovery process.
  14. Modifications to Terms
    • Modification: The Company reserves the right to modify these Terms at any time. Any changes will be notified to customers, and continued use of the Service implies acceptance of the modified terms
  15. Communication and Support
    • Official Communication: All official communications should be sent to the Company’s registered email or phone number. The Customer must inform the Company of any unauthorized access or security breaches.
  16. Compliance with Local and International Laws
    • Applicable Laws: The Customer agrees to comply with all applicable local and international laws, including data protection laws, trade regulations, tax laws, and intellectual property laws.

    Indian Law Reference: Customers must comply with the Information Technology Act, 2000, and the Personal Data Protection Bill, 2019.

    International Laws: Customers must ensure compliance with GDPR (General Data Protection Regulation) if they operate within the EU, as well as other local regulations based on their location

    • Legal Liabilities: Failure to comply with these laws can result in penalties, fines, and legal action.
      Example: If a Customer violates Section 66 of the Information Technology Act, 2000, related to cybercrimes and illegal data usage, they could face imprisonment or fines.
  17. Indemnification and Limitation of Liability
    • Indemnification: The Customer agrees to indemnify and hold the Company harmless against any legal claims, damages, losses, or expenses arising from the misuse of the Service, violation of these Terms, or non-compliance with applicable laws.

    Indian Law Reference: Under Section 17 of the Indian Contract Act, 1872, indemnity clauses are enforceable, ensuring that the party violating the terms will compensate the affected party.

    • Limitation of Liability: The Company's liability for any claims, damages, or losses arising from the use of the Service is limited to the amount paid by the Customer for the Service in the previous month.

    Indian Law Reference: The Indian Contract Act, 1872 also limits the liability of service providers unless otherwise stated.

  18. Refund Policy
    • Refund Eligibility: Refunds are only available in specific circumstances such as service failure, non-compliance by the Company, or unauthorized billing.

    Indian Law Reference: Under Section 2(1)(g) of the Consumer Protection Act, 2019, Customers are entitled to refunds in case of defective goods or services, but the circumstances must meet the legal requirements for a valid claim.

    • Processing Refunds: Refund requests must be submitted within 30 days of purchase or payment. Any refunds will be processed in accordance with the Payment and Settlement Systems Act, 2007
  19. Customer Data Protection and Breach Reporting
    • Data Breach Notification: In the event of a data breach, the Company commits to notify the affected Customer within 72 hours as required under Section 43A of the Information Technology Act, 2000. The Company will take all necessary actions to mitigate the damage and prevent further breaches.
    • Customer’s Obligations: The Customer is required to promptly notify the Company of any suspected data breaches, unauthorized access, or misuse of their account.
  20. Intellectual Property Rights
    • Ownership of Software: The ERP software, including its source code, UI/UX, design, and any proprietary technologies, is owned by Labonte Technologies Pvt Ltd. The Customer is granted a non-exclusive, non-transferable license to use the software for the duration of their subscription.

    Indian Law Reference: Under Section 63 of the Copyright Act, 1957, unauthorized use of copyrighted software is punishable by fines and imprisonment.

  21. Dispute Resolution and Jurisdiction
    • Dispute Resolution: Any disputes arising from or in connection with these Terms shall be resolved through arbitration, conducted in accordance with the Arbitration and Conciliation Act, 1996, by a mutually agreed-upon arbitrator.
    • Jurisdiction: The jurisdiction for all legal matters related to these Terms and Conditions shall be in the courts of Ernakulam, Kerala, India.
  22. Taxes and Fines
    • Taxation: The Customer is responsible for paying any applicable taxes as per their country’s tax regulations.

    Indian Law Reference: Customers in India are subject to GST (Goods and Services Tax) under the GST Act, 2017. If the Customer is found to be non-compliant with tax laws, they may be subject to fines and penalties as per the law.

    • Fines for Non-Compliance: If the Customer is found to be using the Service for illegal activities, including fraudulent transactions or tax evasion, they may be subject to fines under applicable Indian laws, including Section 66C of the Information Technology Act, 2000, which addresses identity theft and fraud.
  23. Customer Obligations on Data Security
    • Security Measures: The Customer must ensure their systems, devices, and networks are secure and compatible with the Labiz.app platform.

    Indian Law Reference: Under Section 43A of the Information Technology Act, 2000, failure to implement reasonable security measures can result in penalties.

    • Responsibility for Unauthorized Access: The Customer is responsible for maintaining the security of their login credentials and for any activities carried out using their account. If any unauthorized access is detected, the Customer must immediately inform the Company.
  24. Service Modifications and Availability
    • Service Modifications: The Company reserves the right to modify, update, or discontinue any features or services at its discretion.

    Indian Law Reference: Under Section 62 of the Indian Contract Act, 1872, unilateral modifications to the terms are permissible if the terms allow for such changes.

    • Service Availability: The Company will strive to maintain uptime of the Service, but makes no guarantees regarding uninterrupted service. Maintenance, upgrades, and unforeseen failures may affect service availability.
  25. Governing Law
    • Applicable Law: These Terms shall be governed by and construed in accordance with the laws of India, specifically the Information Technology Act, 2000, the Consumer Protection Act, 2019, and any other applicable laws.

    Indian Law Reference: Jurisdiction for all legal matters will be the courts of Ernakulam, Kerala.

  26. Miscellaneous Provisions
    • Severability: If any provision of these Terms is found to be invalid, the remainder of the Terms shall continue in full force and effect.
    • Entire Agreement: This document represents the entire agreement between the parties, superseding all previous agreements and communications.
  27. Final Clauses for Legal Protection
    • Legal Responsibilities: Customers must ensure they are not using the Service for illegal or unethical activities, including but not limited to tax evasion, unauthorized accounting, or data theft.

    Indian Law Reference: Violations of these laws can lead to severe penalties under the Indian Penal Code (IPC) and the Information Technology Act, 2000.

    • Taxes and Fines: Customers are responsible for taxes applicable in their jurisdiction. Any fines resulting from customer non-compliance, including financial fraud or misuse of the Service, will be borne by the Customer.

Effective Date: 31-12-2024
Company: Labonte Technologies Pvt Ltd INDIA