Terms of Service

Last Updated: 15 March 2025

1. Introduction

These Terms of Service ("Terms") govern your access to and use of Kitaabh's cloud accounting platform, website, mobile application, and related services (collectively, the "Services") provided by Kitaabh Technologies Pvt. Ltd. ("Kitaabh", "we", "our", or "us"), a company registered in India with its headquarters in Hyderabad.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

2. Eligibility

To use our Services, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into these Terms
  • Not be prohibited from using or receiving our Services under applicable laws
  • Complete the registration process
  • Provide current, complete, and accurate information

If you are using the Services on behalf of a business or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3. Account Registration and Security

3.1 Account Creation

When you register for an account:

  • You must provide accurate, current, and complete information
  • You must maintain and promptly update your account information
  • You are responsible for maintaining the confidentiality of your account credentials
  • You are responsible for all activities that occur under your account

3.2 User Identity Verification

We may conduct identity verification for Chartered Accountants (CAs) claiming the free CA plan. By applying for this plan, you consent to our verification of your ICAI membership number and certificate of practice. We reserve the right to deny access to the free CA plan if verification cannot be completed.

3.3 Account Security

You agree to:

  • Notify us immediately of any unauthorised access or use of your account
  • Ensure that you log out from your account at the end of each session
  • Take reasonable measures to prevent unauthorised access to your account

We are not responsible for any loss or damage arising from your failure to comply with these security obligations.

4. Subscription and Payment Terms

4.1 Subscription Plans

We offer various subscription plans with different features, limitations, and pricing. Current plan details are available on our website at www.kitaabh.com/pricing.

4.2 Free Trial

We may offer a free trial period for certain plans. At the end of the trial period, your account will automatically convert to a paid subscription unless you cancel before the trial period ends.

4.3 Payments

By subscribing to a paid plan:

  • You agree to pay all fees associated with your selected plan
  • You authorise us to charge your chosen payment method
  • You agree to maintain valid payment information in your account
  • You acknowledge that prices and availability are subject to change

4.4 Transaction Packs

For plans with transaction limits, additional transaction packs may be purchased and are valid for one year from the purchase date. Unused transactions do not roll over beyond their validity period.

4.5 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all taxes associated with your use of the Services, including but not limited to GST.

4.6 Refunds

Refunds are provided in accordance with our Refund Policy and applicable Indian consumer protection laws. Generally, no refunds are provided for partial periods of service or for unused transaction packs.

4.7 Price Changes

We may change our prices at any time. Price changes for existing subscriptions will take effect at the start of the next subscription period. Early access offers or specially priced plans may have different terms as communicated during purchase.

5. Platform Usage and Restrictions

5.1 Permitted Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable licence to:

  • Access and use the Services for your internal business purposes
  • Create, modify, store, and export your data through the Services
  • Invite authorised users to access your account as permitted by your subscription plan

5.2 Prohibited Activities

You agree not to:

  • Use the Services for any illegal purpose or in violation of any laws or regulations
  • License, sublicense, sell, resell, transfer, assign, distribute, or commercially exploit the Services
  • Modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services
  • Access the Services to build a competitive product or service
  • Copy or imitate any features, functions, or user interfaces of the Services
  • Interfere with or disrupt the integrity or performance of the Services
  • Attempt to gain unauthorised access to the Services or related systems
  • Transmit any viruses, malware, or other malicious code
  • Use the Services to store or transmit infringing, defamatory, or otherwise unlawful material
  • Use automated scripts to collect information from or interact with the Services
  • Exceed usage limitations specified in your subscription plan
  • Engage in any activity that could disable, overburden, impair, or harm our servers or networks

6. Data and Content

6.1 Your Data

You retain all rights to the data you input, upload, or create through the Services ("Your Data"). You grant us a limited licence to use, copy, transmit, store, and back up Your Data for the purposes of:

  • Providing and improving the Services
  • Preventing or addressing technical or security issues
  • Complying with legal obligations
  • As otherwise permitted by you

6.2 Accounting and Financial Data

As an accounting platform, we process financial and accounting data, including but not limited to:

  • Transaction records
  • Ledger entries
  • GST and tax-related information
  • Client information

You are responsible for the accuracy and completeness of this information.

6.3 Data Storage and Processing Location

All data is stored and processed within India, in compliance with Indian regulations.

6.4 Data Security

We implement reasonable security measures to protect your data, but we cannot guarantee absolute security. You acknowledge that you provide your data at your own risk.

6.5 Compliance with Indian Financial and Tax Regulations

You are responsible for ensuring that your use of the Services complies with all applicable Indian financial, accounting, and tax regulations, including but not limited to GST and TDS requirements.

6.6 Data Backup

While we maintain regular backups of platform data, you are encouraged to export and maintain your own backups of critical business data.

7. Chartered Accountant (CA) Specific Terms

7.1 CA Plan Eligibility

The free CA plan is available exclusively to practising Chartered Accountants with a valid certificate of practice issued by the Institute of Chartered Accountants of India (ICAI).

7.2 Client Management

When using our Services to manage client accounting:

  • You are responsible for obtaining proper authorisation from your clients
  • You must properly configure access permissions for your clients
  • You must maintain the confidentiality of your clients' financial information
  • You remain responsible for ensuring compliance with applicable professional standards

7.3 CA-Client Relationship

Nothing in these Terms creates or implies an agency, partnership, or employer-employee relationship between you and your clients or between Kitaabh and your clients.

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Services, including all content, features, functionality, and user interface elements, are owned by Kitaabh and are protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any rights to use our intellectual property except as necessary to use the Services.

8.2 Feedback

If you provide suggestions, ideas, or feedback about our Services ("Feedback"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, share, and commercialise your Feedback without any obligation to compensate you.

9. Third-Party Services and Integration

9.1 Third-Party Services

The Services may contain links to or allow you to connect with third-party websites, services, or applications, such as the GST Portal. We are not responsible for the content, policies, or practices of these third parties. Your use of such third-party services is at your own risk and subject to their respective terms and policies.

9.2 Data Import from Other Platforms

We provide functionality to import data from other accounting platforms, including TallyPrime. You represent and warrant that you have the right to access and transfer such data to our Services. We are not responsible for any issues arising from the import process, including data loss or corruption.

10. Service Availability and Support

10.1 Service Availability

We strive to maintain high availability of our Services but do not guarantee uninterrupted access. We may occasionally take the Services offline for maintenance or updates. We will make reasonable efforts to provide advance notice of scheduled maintenance.

10.2 Support

Support is provided according to your subscription plan. Support hours, response times, and channels (email, chat, phone) vary by plan and are detailed on our website.

10.3 Service Level Commitments

For paid plans, we may offer Service Level Agreements (SLAs) with specific commitments regarding uptime, response times, and issue resolution. These SLAs, if applicable, are provided in separate documentation.

11. Term and Termination

11.1 Term

These Terms will remain in effect until terminated by you or us.

11.2 Termination by You

You may terminate your account at any time by:

  • Following the cancellation procedures in your account settings
  • Contacting our support team at support@kitaabh.com

11.3 Termination by Us

We may suspend or terminate your access to the Services:

  • If you breach these Terms
  • If you fail to pay subscription fees when due
  • If we reasonably believe your use poses a security risk
  • If required by law or government authorities
  • If we discontinue the Services

11.4 Effects of Termination

Upon termination:

  • Your right to access and use the Services will end
  • You will remain liable for any outstanding fees
  • You may export your data subject to the data export policies of your plan
  • After a reasonable period (typically 30 days), we may delete your account data permanently

12. Data Export and Retention

12.1 Data Export

You may export your data from the Services at any time during your active subscription, subject to the export capabilities of your plan.

12.2 Data Retention After Termination

Following termination or expiration of your subscription, we will retain your data for a reasonable period (typically 30 days) to allow you to export it. After this period, we may permanently delete your data.

12.3 Regulatory Retention Requirements

Notwithstanding the above, we may retain certain financial records for periods required by Indian accounting and tax regulations, typically 7-10 years.

13. Changes to the Terms and Services

13.1 Changes to Terms

We may modify these Terms at any time by posting the revised terms on our website. Your continued use of the Services after such changes constitutes your acceptance of the revised Terms.

13.2 Changes to Services

We may modify, update, or discontinue the Services (or any part thereof) at any time. For significant changes, we will make reasonable efforts to provide advance notice.

14. Limitation of Liability

14.1 Disclaimer of Warranties

THE SERVICES ARE 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.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

14.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KITAABH, ITS DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14.3 Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. Indemnification

You agree to indemnify, defend, and hold harmless Kitaabh, its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

  • Your access to or use of the Services
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Your violation of any applicable laws or regulations
  • Your User Content

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

16.2 Dispute Resolution

Any dispute arising out of or in connection with these Terms shall be resolved through:

  1. Informal Negotiation: We encourage you to contact us first to seek an informal resolution of any disputes.
  2. Mediation: If informal negotiations fail, the parties agree to submit the dispute to mediation in accordance with the Mediation Rules of the Indian Council of Arbitration.
  3. Arbitration: If mediation fails, the dispute shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall take place in Hyderabad, India, and shall be conducted in English.

16.3 Injunctive Relief

Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights or to prevent unauthorized access to the Services in any court of competent jurisdiction.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Kitaabh concerning your use of the Services.

17.2 No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent under law.

17.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction.

17.5 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemics, pandemics, or shortages of transportation facilities, fuel, energy, labor, or materials.

17.6 Relationship of Parties

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

17.7 Notices

Any notices or other communications provided by us under these Terms will be given by posting to the Services, by email, or by other methods of communication provided by you. Your notices to us must be sent to support@kitaabh.com.

17.8 No Third-Party Beneficiaries

These Terms do not confer any rights, remedies, or benefits upon any person other than you and Kitaabh.

18. Contact Information

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

Email: support@kitaabh.com

Address: Kitaabh Technologies Pvt. Ltd., 2nd Floor, SNP Towers, Diamond Hills, Gachibowli, Hyderabad, India - 500032

Website: www.kitaabh.com

These Terms of Service were last updated on 15 March 2025.