Terms of Use for Aicountly

Ownership and Proprietary Rights

Aicountly’s software, services, and all related intellectual property remain the sole and exclusive property of Shivansh Interactive Services Pvt Ltd. This includes, but is not limited to:

• The software’s source code, architecture, and algorithms.
• The trademarks, logos, and branding associated with Aicountly.
• All documentation, user interfaces, graphics, and designs.
• Any data, analytics, or insights generated by Aicountly’s proprietary systems.

Termination of License

Your license to use Aicountly is conditional on your compliance with these Terms. We reserve the right to suspend or terminate your access to the software at any time and without prior notice if:

• You violate any of these Terms, including usage restrictions.
• We detect unauthorized access, security threats, or fraudulent activities related to your account.
• There is a legal requirement or government order that necessitates termination.

Upon termination:

• You must immediately stop using Aicountly.
• You must delete any software, data, or materials obtained from Aicountly.
• We may revoke your access permanently, without any liability to you.

USER OBLIGATIONS AND RESPONSIBILITIES

Compliance with Applicable Laws

Users must comply with all applicable laws, regulations, and legal obligations while accessing and using the software services provided by Aicountly. This includes, but is not limited to, compliance with the Information Technology Act, 2000, the Indian Contract Act, 1872, the Consumer Protection Act, 2019, and any other laws or guidelines applicable to the user’s jurisdiction.

Users shall not use the software services for any unlawful or fraudulent activity. Aicountly may suspend or terminate access, remove content, and report suspected unlawful activity to authorities if a user is found engaging in or facilitating illegal conduct through the platform.

Users must also ensure their use aligns with any industry-specific laws (e.g., financial regulations, tax laws, and data protection obligations). Aicountly shall not be liable for user non-compliance.

Proper Usage of the Software

• Honest and Lawful Use: Use the software in good faith; ensure all data is accurate and lawful.
• Maintaining Security: Protect login credentials; do not share them. Report suspected breaches immediately.
• Respect for Intellectual Property: Do not copy, replicate, or create derivative works without written permission.
• Non-Interference: Do not bypass security, reverse-engineer components, or harm infrastructure.
• Prohibition on Unauthorized Access: Do not attempt to access other accounts or restricted systems.

Aicountly may monitor usage for compliance and take appropriate action in case of violations.

Prohibited Activities

1. Fraudulent or Deceptive Conduct: No fraud, false accounts, false information, or identity misrepresentation.
2. Illegal or Unlawful Activities:
   • Money laundering, terrorism financing, or other financial crimes.
   • Violations of data protection laws or unauthorized sharing of personal/sensitive data.
   • Infringement of intellectual property rights.
   • Cybercrimes such as hacking, phishing, malware/virus deployment.
3. Abuse, Harassment, and Threats: No abusive, threatening, defamatory, obscene, or harassing behavior.
4. Unauthorized Commercial Use:
   • No selling, renting, leasing, sublicensing, or distributing access without authorization.
   • No advertising or solicitation without prior written permission.
   • No use for competitive intelligence, benchmarking, or building a competing product.
5. Tampering with System Integrity: No malicious software, network disruption, security bypass, or system overload.
6. Unlawful Data Collection & Privacy Violations:
   • No scraping/harvesting data without permission.
   • No publishing others’ personal/confidential data without legal authorization.
7. Violations of Third-Party Rights:
   • No content that violates copyright, trademarks, patents, or other IP rights.
   • No use of another entity’s brand, logo, or proprietary material without authorization.
8. Attempts to Circumvent Restrictions: Do not bypass access restrictions, licensing, or subscription fees.
9. Community & Forum Interactions:
   • Forums/discussion groups may be available; public content is accessible by others.
   • Exercise caution when posting sensitive information.
   • Links to third-party sites are the user’s responsibility; Aicountly assumes no liability.

User Content and Conduct

Responsibility for User Content

Users are solely responsible for any data, text, graphics, software, or materials (“User Content”) submitted, uploaded, or stored on Aicountly’s software services. By using Aicountly, users grant Aicountly a worldwide, royalty-free, non-exclusive license to:

• Host, store, and process User Content as necessary to provide the services.
• Analyze and aggregate anonymized data for service improvements.

Users must maintain their own backups of critical content; Aicountly is not responsible for data loss or permanent deletion.

Prohibited Conduct

Users shall not publish, upload, reproduce, or transmit any content that:

• Violates Indian law or applicable international regulations.
• Contains false/misleading information, impersonates others, or infringes privacy rights.
• Promotes commercial activities, solicitations, spam, or pyramid schemes without approval.
• Includes malicious code, viruses, or disruptive software.
• Infringes intellectual property rights without authorization.

Aicountly may monitor/remove content at its discretion and report suspected illegal activity to authorities.

User Interactions and Forums

• Forums/community spaces may be provided for sharing opinions and insights.
• Aicountly is not responsible for user-generated content or third-party links.
• Users assume full liability for information they disclose. Aicountly may remove content violating policies.

Customer Feedback and Suggestions

Feedback, suggestions, or ideas submitted to Aicountly may be used freely—without compensation or restriction— to improve services, marketing, and business operations.

User Feedback & Suggestions

Feedback

Users may voluntarily provide feedback, suggestions, or recommendations related to Aicountly’s software services. Aicountly has unrestricted rights to use, modify, implement, or commercialize any user-provided feedback without compensation or acknowledgment. Users waive any ownership/compensation claims related to feedback usage.

Content Monitoring & Enforcement

Aicountly may monitor all user activity and content, remove or restrict content that violates these Terms, and disclose user content to authorities if required by law, legal process, or to protect its rights, security, or operations.

Third-Party Platforms & Social Media

Interactions with third-party platforms (e.g., Facebook, LinkedIn, Twitter) are subject to those platforms’ Terms and Privacy Policies. Aicountly is not responsible for security, usage, or distribution of content on external platforms.

Enforcement and Consequences of Violations

If violations occur, Aicountly may:

• Issue a formal warning.
• Temporarily or permanently suspend the user’s account.
• Delete or remove infringing content or data.
• Terminate access without refund or recourse.
• Report the violation to relevant authorities if required by law.

Aicountly retains sole discretion to determine violations and remedies. Users shall indemnify Aicountly for claims, losses, damages, or actions resulting from their violations.

Subscription, Pricing, and Payment Terms

Subscription Plans: Free vs. Paid Services

Aicountly offers free and paid plans. Access to features depends on the selected plan as specified at subscription time.

• Free Plan: Limited features; may be modified, restricted, or discontinued at our discretion.
• Paid Plans: Enhanced features; fees vary by plan, billing cycle, and add-ons.

We may modify offerings, introduce/discontinue plans, or revise pricing. Changes for existing users apply after the current billing cycle.

Billing, Renewal, and Automatic Payments

• Billing Cycle: Recurring (monthly/annual or as specified) billed at the start of each cycle.
• Automatic Renewal: Plans auto-renew unless cancelled; renewal price may change with prior notice.
• Payment Authorization: You authorize recurring charges and applicable taxes. Failed payments may suspend/terminate access.

Payment Methods and Processing

• We accept cards, digital wallets, UPI, and other options.
• Third-party processors handle payments; Aicountly isn’t responsible for their failures/delays.
• Keep payment details accurate to avoid service suspension.

Taxes and Additional Charges

• Fees may include applicable taxes based on location.
• Users are responsible for provider fees (e.g., FX/currency conversion).

Promotional Offers and Discounts

• Promotions/free trials may be offered with specific terms.
• Free trials convert to paid if not cancelled before trial end.
• We may modify/withdraw promotions without notice.

Disputes and Chargebacks

• Contact support for billing disputes before chargebacks; we’ll try to resolve in good faith.
• Unauthorized chargebacks may result in suspension/termination; unpaid amounts remain due.

By subscribing, you agree to these terms. See our Price, Payments, and Promotions Policy for details.

Data Ownership and Privacy

Ownership of User Data

Users retain full ownership of all data submitted, stored, or processed on our platform (“User Data”). You grant Aicountly a limited, non-exclusive, worldwide, royalty-free license to access, store, process, and use User Data solely for:

• Delivering, maintaining, and improving services;
• Ensuring system functionality, security, and fraud prevention;
• Complying with laws, regulations, and lawful requests.

Aicountly does not claim ownership of your data and will not use it beyond what is necessary to provide services. You are responsible for data accuracy, legality, and compliance with applicable laws and third-party rights.

User Responsibilities for Data Security

1. Ensure Data Legality and Accuracy: Data must be accurate, lawful, and not violate IP/privacy rights. Illegal, fraudulent, misleading, or harmful content is prohibited.
2. Maintain Confidentiality of Account Credentials: Safeguard usernames, passwords, API keys; promptly notify us of suspected breaches or unauthorized access.
3. Comply with Data Protection Laws: If processing personal data via Aicountly, comply with applicable laws, including:
   • India: Digital Personal Data Protection Act, 2023 and IT Act, 2000;
   • EU: GDPR (consent, minimization, transparency);
   • US: CCPA and other applicable privacy laws;
   • Other regions: Any additional jurisdiction-specific laws.
4. Regularly Back Up Your Data: Maintain appropriate backups. Aicountly does not guarantee indefinite storage or retrieval beyond what’s necessary for functionality.

Data Transfer

Online Data Transfer

Aicountly may facilitate data transfer, integration, and interoperability between its software services and certain third-party services (“Ancillary Services”) that users may choose to connect with (“Online Data Transfer”). Users may opt-in to allow Aicountly to transmit, store, or process their data for such integrations.

To enable Online Data Transfer, users must:

• Have an active and valid subscription to the latest version of Aicountly Software.
• Authorize Aicountly to transfer a copy of their data files to designated servers over the Internet.

By enabling Online Data Transfer, users expressly agree that:

1. Aicountly is not responsible for any loss, corruption, or unauthorized access resulting from such data transfer.
2. Data integrity, legality, and compliance with applicable regulations remain the sole responsibility of the user.
3. Aicountly reserves the right to limit, suspend, or terminate data transfer functionality without liability.

Software Use, Storage, and Access

Service Modifications and Restrictions

Aicountly reserves the right, at its sole discretion, to modify, limit, or restrict access to the software services, including but not limited to:

• Imposing storage limitations (amount of storage available per user).
• Restricting usage frequency or duration within a specific period.
• Temporarily or permanently suspending accounts for security or compliance reasons.

Aicountly may enforce such changes with immediate effect if necessary for security, compliance, or operational efficiency. Users will be notified within thirty (30) days of any material changes via email or platform notifications. Continued use of Aicountly following such changes constitutes acceptance. If a user disagrees with a modification, their sole remedy is to discontinue use of the affected services.

Service Downtime and Maintenance

• Aicountly may perform scheduled or unscheduled maintenance that may result in temporary service interruptions, delays, or errors.
• Aicountly will attempt to provide advance notice of scheduled maintenance but makes no guarantees.
• Aicountly shall not be liable for any loss, damage, or inconvenience arising from service downtime.

Use of Software Services on Mobile Devices

Aicountly’s software services may be accessible via mobile devices and may require additional software, hardware, and Internet access.

1. Users are solely responsible for meeting the system requirements, data charges, and connectivity.
2. Aicountly makes no guarantees regarding the availability, security, or uninterrupted functionality of mobile access.
3. Aicountly disclaims any liability for:
   • Telecommunications issues, including outages, interruptions, or security breaches.
   • Loss or corruption of data due to mobile device usage.
   • Unauthorized third-party access via mobile networks.

Third-Party Integrations and Services

Use of Third-Party Services within Aicountly

Aicountly may integrate, support, or facilitate access to third-party services, platforms, applications, software, or tools (collectively, “Third-Party Services”) to enhance the functionality and user experience of our platform. These integrations may include but are not limited to:

• Payment Processing Services – gateways for handling transactions and payments securely.
• Cloud Storage and Backup Services – external providers for saving and accessing your data.
• Analytics and Reporting Tools – software that analyzes activity, generates insights, or aids decision-making.
• Customer Support and Communication Tools – chatbots, ticketing, or messaging services.
• Marketing and Automation Software – tools for automating emails, notifications, or social media.
• Accounting and Financial Tools – applications for invoicing, tax calculations, and expense management.
• Other Business Applications – additional integrations to enhance productivity, automation, or compliance.

By using Aicountly, you acknowledge and agree that:

• Independent Third Parties: Third-Party Services are provided by independent companies not owned or controlled by Aicountly.
• Separate Terms of Use: Your use of any Third-Party Service is governed by their own terms and privacy policies.
• User Discretion and Responsibility: Your decision to use any Third-Party Service is at your own discretion and risk.
• No Endorsement or Warranty: Aicountly does not endorse or guarantee the accuracy, reliability, security, or performance of Third-Party Services.

Aicountly’s Liability for Third-Party Services

While Aicountly facilitates access to various Third-Party Services, we are not liable for issues, disruptions, or damages caused by their use.

Service Performance and Availability

• Aicountly does not control the uptime, availability, security, or functionality of any Third-Party Service.
• If a Third-Party Service experiences downtime, malfunctions, security breaches, or discontinuation, Aicountly is not responsible for resulting inconvenience, data loss, or business disruption.
• Reliance on continued availability should be based on your agreement with that provider.

Data Sharing and Security Risks

• Some Third-Party Services require access to your data; once shared, it is subject to their policies.
• Aicountly does not regulate how Third-Party Services collect, process, or store your data.
• Data breaches or misuse by Third-Party Services are not Aicountly’s liability.

Financial and Transactional Risks

• Aicountly is not responsible for payment errors, unauthorized charges, failures, or fraud via Third-Party Services.
• Disputes, refunds, chargebacks, or delays must be resolved with the third-party payment provider.

Losses or Damages from Third-Party Services

Aicountly is not responsible for direct, indirect, incidental, special, consequential, or punitive damages arising from your use of Third-Party Services, including but not limited to:

• Financial losses due to service disruptions or errors.
• Legal disputes from third-party data handling.
• Breaches of confidentiality or security.
• System incompatibility or integration failures.

User Responsibilities When Using Third-Party Services

1. Comply with Applicable Laws – Follow all relevant laws, regulations, and standards.
2. Review Third-Party Terms – Read and understand each provider’s terms and privacy policies.
3. Manage Your Data Securely – Share data/permissions cautiously to prevent unauthorized access or misuse.
4. Address Issues Directly – Contact the third-party provider for technical, billing, or service issues.
5. Indemnify Aicountly – Indemnify and hold Aicountly harmless from claims or losses arising from your use of Third-Party Services.

Modification, Removal, or Discontinuation of Third-Party Services

• Aicountly may add, modify, or remove Third-Party Services at any time, with or without notice.
• Access may be restricted for security, compliance, or business reasons.
• This clause may be updated to reflect integration or regulatory changes.

Disclaimer for Third-Party Services

• Aicountly is not responsible for third parties’ data collection practices, security, or business practices.
• Engagement with third-party services is at your sole risk and discretion.
• Despite contractual safeguards, no guarantees are made regarding accuracy, security, or reliability of third-party services.
• For details on our data handling and third-party sharing, see our Security and Privacy Policy.

Data Security and Backup

Security Measures Implemented

At Aicountly, we are committed to implementing industry-standard security measures to protect your data from unauthorized access, misuse, loss, or alteration. We employ a combination of technical, administrative, and physical safeguards to ensure data security, including but not limited to:

Secure Authentication and Access Control

• Aicountly enforces multi-factor authentication (MFA) and secure login protocols to prevent unauthorized access to user accounts.
• Access to user data is strictly limited to authorized personnel and is controlled through role-based access controls (RBAC) and security monitoring systems.

Regular Security Audits and Updates

• We conduct periodic security assessments, vulnerability scans, and penetration testing to identify and mitigate security risks.
• Our platform undergoes regular software updates and patching to address emerging security threats and vulnerabilities.

Secure Data Storage and Backup Mechanisms

• Aicountly utilizes secure cloud storage infrastructure that complies with industry security standards.
• We maintain automated backup systems to ensure that data is periodically backed up and can be restored in case of accidental deletion or system failures.

12.2 Limitations of Liability in Case of Data Loss

While Aicountly implements strict security measures and backup protocols, we do not guarantee that data loss, corruption, or unauthorized access will never occur. You acknowledge and agree that:

No Absolute Security

• Despite our best efforts, no digital system, network, or online platform is completely immune to security breaches, cyberattacks, hardware/software failures, or force majeure events (e.g., natural disasters, power outages, internet disruptions).
• Aicountly does not warrant that its security measures will always prevent unauthorized access, hacking, data breaches, or cyber threats.

User Responsibility for Data Security

As a user, you play a critical role in protecting your own data and account. You are responsible for:

• Keeping your login credentials secure and not sharing your password or authentication details with anyone.
• Using strong, unique passwords and updating them regularly to enhance security.
• Ensuring that your devices are free from malware or security vulnerabilities that may compromise your account.
• Regularly exporting and backing up your data to a secure location if it is critical for your business or personal use.

Exclusion of Liability for Data Loss

• Aicountly shall not be held liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from loss, deletion, corruption, or unauthorized access to user data.
• If data loss occurs due to factors beyond Aicountly’s reasonable control, including third-party service failures, cyberattacks, or system malfunctions, Aicountly shall not be responsible for restoring lost data.
• Users are advised to maintain independent copies of their critical data, as Aicountly does not provide absolute guarantees against data loss.

Backup Policy and Data Restoration

Aicountly maintains a structured backup and data recovery policy, including:

Periodic Data Backups

• Our system performs regular automated backups of user data at predetermined intervals.
• Backups are securely stored in separate environments to ensure quick recovery in case of unexpected data loss.

Data Restoration and Recovery

• In the event of a system failure or accidental deletion, we will attempt to restore data from our latest available backup.
• Aicountly does not guarantee full data restoration in all circumstances, particularly if data loss is caused by user actions or third-party integrations.
• If a data restoration request is made by a user, Aicountly may, at its sole discretion, attempt to retrieve lost data, but additional fees or conditions may apply.

Notification of Security Breaches

If Aicountly becomes aware of a security breach that compromises user data, we will:

1. Investigate the breach and take immediate corrective actions to mitigate the damage.
2. Notify affected users as soon as reasonably possible, providing details of the incident, potential impact, and recommended security actions.
3. Cooperate with law enforcement or regulatory authorities if required under applicable laws.

Acknowledgment and Acceptance of Security Risks

• No electronic system is completely immune to data breaches, security threats, or technological failures.
• Although we employ robust security measures (as detailed in our Security and Privacy Policy), absolute protection of your Personal Data cannot be guaranteed.
• You are responsible for maintaining independent backups and taking necessary precautions to protect your sensitive information.
• Aicountly shall not be held liable for any financial, reputational, or operational losses arising from security incidents beyond our control.
• For further details on our security practices, please refer to our comprehensive Security and Privacy Policy.

Data Retention and Deletion

Data Retention:

Aicountly retains User Data only for as long as necessary to fulfill service requirements, comply with legal obligations, resolve disputes, and enforce our rights. The specific retention period depends on the type of data and applicable regulations.

Data Deletion Requests:

You may request the deletion of your data in accordance with our Privacy Policy and applicable laws. However, certain data may be retained for:

• Compliance with legal obligations (e.g., tax or audit requirements);
• Fraud detection and prevention;
• Enforcement of agreements and dispute resolution.

Once data is deleted, recovery may not be possible. If you require permanent deletion, please contact us through the details provided in our Privacy Policy.

Beta Features

Introduction & Voluntary Participation

1. At its sole discretion, Aicountly may introduce new, experimental, or pre-release features, functionalities, or services (“Beta Features”) for testing purposes.
2. Users may voluntarily choose to participate in Beta Features, and Aicountly is under no obligation to continue offering, maintain, or fully integrate Beta Features into its final product.
3. Aicountly reserves the right to modify, limit, or discontinue Beta Features at any time without prior notice or liability.

No Guarantees & Acknowledgment of Risks

1. Beta Features are provided “as is” without any warranties, representations, or guarantees of any kind, whether express, implied, or statutory.
2. Users acknowledge and agree that Beta Features may contain bugs, errors, security vulnerabilities, or other defects that could result in data loss, incorrect results, or system malfunctions.
3. Aicountly expressly disclaims any responsibility for direct, indirect, or incidental damages arising from the use of Beta Features, including but not limited to loss of data, financial losses, or disruptions in business operations.

No Obligation for Data Restoration or Compatibility

1. Users acknowledge that if they opt into Beta Features, they may not be able to revert to a previous version of Aicountly’s software.
2. Even if reverting to a prior version is technically possible, any data, configurations, or customizations generated using Beta Features may not be recoverable or compatible with the earlier version.

Restrictions on Use

1. Users shall not:
   • Copy, modify, distribute, sell, or sublicense Beta Features to third parties.
   • Allow any third party to access Beta Features without Aicountly’s prior written consent.
   • Use Beta Features in production environments where critical business operations depend on them.
2. Aicountly reserves the right to terminate access to Beta Features for any user at any time, for any reason, without liability.

14.5 Limited Support & User Feedback

1. Aicountly is not obligated to provide full support for Beta Features. Support may be limited to community forums, documentation, or other informal channels at Aicountly’s discretion.
2. Users may be required to provide feedback on Beta Features, which Aicountly may use freely without compensation.
3. Aicountly is not responsible for resolving any issues, providing workarounds, or ensuring compatibility with existing user data or systems.

Termination and Suspension of Accounts

Right to Suspend or Terminate Accounts

Aicountly reserves the right, at its sole discretion, to suspend or terminate a user’s account under various circumstances. By using our services, you acknowledge and agree that Aicountly may take such actions without liability, subject to the following conditions:

Grounds for Suspension or Termination

Your account may be suspended or permanently terminated in the following cases:

1. Violation of Terms of Use or Policies
   • If you breach any provision of these Terms of Use, our Privacy Policy, or any other policy governing the use of Aicountly, including but not limited to:
   • Engaging in prohibited activities such as fraud, abuse, or unauthorized access.
   • Attempting to reverse engineer, copy, distribute, or exploit our software beyond the granted license.
   • Using Aicountly for illegal, misleading, or unethical purposes.
2. Non-Payment or Subscription Violations
   • If you fail to make timely payments for subscription-based services, including non-payment, chargebacks, or fraudulent transactions, your access may be restricted, suspended, or terminated.
   • Repeated violations of our Pricing, Payment, and Promotions Policy may result in permanent account termination.
3. Inactivity for Extended Periods
   • If an account remains inactive for a prolonged period, Aicountly reserves the right to deactivate or terminate it.
   • Users with free accounts may be subject to deletion after extended inactivity, as per our data retention policies.
4. Compliance with Legal Requirements
   • Aicountly may be required to terminate or restrict an account due to legal, regulatory, or governmental requests, including but not limited to compliance with court orders, law enforcement demands, or applicable data protection laws.
5. Security and Fraud Prevention
   • If we detect suspicious, fraudulent, or unauthorized activities linked to an account, we may immediately suspend or terminate access.
   • Repeated failed login attempts, hacking attempts, or security breaches may lead to account suspension

Suspension Process and Notice

Aicountly generally follows a structured process when suspending accounts:

1. Notification:
   • In most cases, Users will receive prior notice of a potential suspension via email or in-app notification, specifying the reason and corrective measures.
   • However, in cases of severe violations (e.g., fraud, legal obligations, security threats), Aicountly may suspend an account immediately without prior notice.
2. Opportunity to Rectify Issues:
   • If the suspension is due to a minor violation (e.g., late payment or minor policy breaches), you may have an opportunity to rectify the issue within a specified time frame before termination.
   • For compliance-related terminations, rectification may not always be possible.
3. Reactivation Requests:
   • If your account is suspended, you may request reinstatement by contacting Aicountly’s support team and addressing the issue that led to suspension.
   • Aicountly retains full discretion to approve or deny reactivation requests.

Termination of Accounts

In certain cases, Aicountly may permanently terminate an account. The effects of termination include:

Immediate Effects of Termination

Upon termination:

• You lose access to Aicountly and all associated features, services, and stored data.
• Your user license will be revoked, and any ongoing subscriptions will be cancelled.
• Any remaining balances or unpaid fees may still be due.

Data Retention and Deletion After Termination

• Aicountly may retain certain user data for compliance with legal, tax, and regulatory requirements, even after termination.
• We may, at our sole discretion, permanently delete all user data associated with a terminated account after a specified period, as per our Privacy Policy.
• Users will not be entitled to retrieve or recover any deleted data post-termination.

User Rights Upon Termination

If your account is terminated:

Right to Request Data Export

• If permitted by law, you may request a copy of your data before account deletion. However, Aicountly is not obligated to provide data retrieval services after termination.
• Any data export request must be submitted before the account deletion process is completed.

Refund and Payment Considerations

• Paid users are not entitled to a refund upon termination, unless explicitly provided under our Pricing, Payment, and Promotions Policy.
• If termination occurs due to violations of these Terms of Use, any pre-paid subscription fees will be forfeited.

Aicountly’s Right to Refuse Future Access

• Aicountly reserves the right to refuse future access to any user whose account has been terminated for violations. If your account was terminated:
• You may be permanently prohibited from creating a new account.
• Any attempt to re-register or use Aicountly services after termination may result in legal action or further restrictions.

No Liability for Termination or Suspension

• Aicountly shall not be liable for any damages, financial losses, reputational harm, or business disruptions resulting from account suspension or termination.
• Users acknowledge that termination decisions are final and at Aicountly’s sole discretion, and Aicountly is not obligated to provide justification beyond the outlined reasons in this clause.

Communications

Users expressly acknowledge and agree that Aicountly may communicate with them via email, in-app notifications, SMS, or by publishing notices on its website, regarding updates, changes, promotional offers, security alerts, and any other information related to the software services.

Users consent to receive electronic communications from Aicountly, and such communications shall be deemed to satisfy any legal requirement that such communications be in writing.

Aicountly shall have no liability for any failure in the delivery of communications due to outdated contact details, spam filters, or technical issues beyond Aicountly’s control.

Passwords & Account Security

Users are solely responsible for maintaining the confidentiality of their passwords and access credentials. Aicountly shall not be liable for any unauthorized access, loss, or damage resulting from a user’s failure to safeguard their credentials.

Users must notify Aicountly immediately in case of any suspected unauthorized access, security breach, or compromise of their account. Aicountly reserves the right to suspend or terminate access if it suspects unauthorized use.

Users acknowledge and accept that Aicountly may, at its sole discretion, enforce password policies (e.g., mandatory password updates, multi-factor authentication) to enhance security.

Aicountly may issue mandatory updates that modify, enhance, or improve the security and functionality of the software services. Users agree to receive and apply such updates as a condition of continued use.

Intellectual Property Rights

Ownership of Software, Trademarks, and Content

Exclusive Ownership: Aicountly is the sole and exclusive owner of all rights, title, and interest in and to the Aicountly platform, including but not limited to its software, source code, object code, applications, website, algorithms, databases, user interface, and all associated technology (collectively, the “Aicountly Platform”). All intellectual property rights, including copyrights, trademarks, trade dress, patents, and proprietary rights, in the Aicountly Platform shall remain vested solely in Aicountly.

Limited License Grant: Subject to compliance with these Terms of Use, Aicountly grants users a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Aicountly Platform strictly for its intended purposes. No ownership rights are transferred to users, and all rights not expressly granted herein are reserved by Aicountly.

Trademarks and Branding: All trademarks, trade names, service marks, logos, domain names, and other branding elements associated with Aicountly (collectively, the “Aicountly Marks”) are the sole property of Aicountly. Unauthorized use, reproduction, modification, adaptation, or distribution of the Aicountly Marks, whether in part or in full, without prior written consent from Aicountly, is strictly prohibited. Any such unauthorized use may result in legal action under applicable trademark laws.

Copyright and Content Protection: All content, including but not limited to text, numerical data, images, logos, videos, audio files, software, documentation, and graphics (collectively, the “Aicountly Content”), made available on the Aicountly Platform is protected under applicable copyright laws. Users are prohibited from copying, modifying, distributing, reproducing, republishing, uploading, posting, transmitting, or using the Aicountly Content in any manner, except as expressly permitted under these Terms of Use or with prior written authorization from Aicountly. Unauthorized use of Aicountly Content may result in legal liability under copyright and intellectual property laws.

Restrictions on Use of Aicountly’s Intellectual Property

Users acknowledge and agree that they shall not, directly or indirectly:

Reverse Engineering and Derivative Works: Decompile, disassemble, reverse engineer, decode, modify, adapt, translate, or create derivative works of the Aicountly Platform, its software, or its technology.

Unauthorized Commercial Use: Sell, license, sublicense, lease, rent, distribute, exploit, or use the Aicountly Platform, Aicountly Content, or Aicountly Marks for commercial purposes without the prior written consent of Aicountly.

Removal or Alteration of Proprietary Notices: Remove, alter, obscure, or deface any copyright, trademark, or proprietary notices displayed on the Aicountly Platform or its content.

Competitive Use: Utilize Aicountly’s intellectual property, including software, technology, trademarks, or content, to develop, market, promote, or distribute any competing software, service, or platform. Any such unauthorized use may result in the immediate termination of access to the Aicountly Platform and legal action.

User-Generated Content and License Grant

User Ownership of Content: Users retain ownership of any content, data, or materials they submit, upload, or transmit through the Aicountly Platform (collectively, “User-Generated Content”).

License to Aicountly: By submitting User-Generated Content, users grant Aicountly a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, sublicensable, and transferable license to use, store, reproduce, distribute, modify, publicly display, create derivative works of, and otherwise utilize such content solely for the purpose of operating, improving, and providing Aicountly’s services.

User Warranties: Users represent and warrant that any User-Generated Content:

• (a) Does not infringe upon any third-party intellectual property rights, including copyrights, trademarks, or patents;
• (b) Is not unlawful, defamatory, fraudulent, or otherwise in violation of applicable laws and regulations; and
• (c) Does not contain malicious code, viruses, or any harmful software that may disrupt the Aicountly Platform.

Enforcement of Intellectual Property Rights

Reporting Intellectual Property Violations: If any user or third party believes that content or material available on the Aicountly Platform infringes their intellectual property rights, they may submit a written notice of infringement to Aicountly at [Insert Contact Email]. The notice must include:

• (a) A description of the copyrighted or trademarked material allegedly infringed;
• (b) Identification of the infringing material and its location on the Aicountly Platform;
• (c) The complainant’s contact details, including name, email, and address;
• (d) A statement affirming that the complainant has a good faith belief that the use of the disputed material is unauthorized; and
• (e) A declaration, under penalty of perjury, that the information provided in the complaint is accurate and that the complainant is authorized to act on behalf of the rights holder.

Investigation and Action: Upon receipt of a valid infringement notice, Aicountly shall conduct investigation and take appropriate action, which may include, but is not limited to:

• (a) Removal of the allegedly infringing content;
• (b) Suspension or termination of the account responsible for the infringement;
• (c) Notification to the alleged infringer, providing them an opportunity to respond;
• (d) Taking any other measures necessary to comply with applicable intellectual property laws.

Legal Enforcement: Aicountly reserves the right to enforce its intellectual property rights through legal proceedings, including seeking injunctive relief, monetary damages, and any other remedies available under applicable laws.

For more details on Aicountly’s intellectual property policies, including copyright, trademarks, and permitted usage, please refer to our [Intellectual Property Rights (IPR) Policy]

Disclaimers and Limitation of Liability

General Disclaimers

Aicountly provides its software and services on an “as-is” and “as-available” basis without warranties of any kind, whether express, implied, statutory, or otherwise. By using Aicountly, you acknowledge and agree that:

No Warranty of Uninterrupted or Error-Free Service

• Aicountly does not guarantee that the software, website, or services will be uninterrupted, secure, error-free, or free of viruses, malware, or harmful components.
• We do not warrant that any defects or errors will be corrected immediately or at all.

No Warranty of Accuracy or Reliability

• Aicountly is a technology-driven platform that automates various processes; however, we do not guarantee the accuracy, completeness, or reliability of any data, results, or outputs generated by our software.
• Users must verify critical information before relying on Aicountly’s outputs for financial, business, or decision-making purposes.

Third-Party Integrations Disclaimer

• Aicountly may integrate or rely on third-party services, APIs, or data sources.
• We do not endorse, control, or assume responsibility for any third-party products, services, or content accessed through Aicountly.

Limitation of Liability

To the maximum extent permitted by law, Aicountly, its parent company Shivansh Interactive Services Pvt Ltd, affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of Aicountly, including but not limited to:

Exclusion of Certain Types of Damages

Aicountly shall not be liable for:

• Loss of profits, revenue, business opportunities, or goodwill resulting from the use or inability to use Aicountly.
• Loss, corruption, or exposure of data, regardless of the cause, including security breaches or unauthorized access.
• Service interruptions, downtime, software bugs, glitches, or failures.
• Errors, inaccuracies, or delays in automated processes that may impact business, financial, or personal decision-making.
• Legal, regulatory, or compliance-related issues arising from the user’s failure to follow applicable laws.

Maximum Liability Cap

In all cases, Aicountly’s total liability for any claims, damages, or losses arising from your use of the software shall not exceed the total amount paid by you (if any) to Aicountly in the twelve (12) months preceding the claim. If you are using a free version, our liability shall be zero.

No Liability for User Actions

• Any decisions, actions, or inactions taken based on Aicountly’s software-generated reports, insights, or recommendations.
• Any misuse, unauthorized access, or fraudulent activities conducted by a user.
• Any legal, financial, tax, or regulatory consequences resulting from reliance on Aicountly.

Indemnification

By using Aicountly, you agree to indemnify, defend, and hold harmless Aicountly, Shivansh Interactive Services Pvt Ltd, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your breach of these Terms of Use or any applicable laws.
• Your misuse, unauthorized use, or illegal use of Aicountly’s services.
• Any dispute or liability arising between you and a third party.

Compliance with Applicable Laws

Nothing in this clause shall exclude or limit liability that cannot be excluded under applicable laws, including but not limited to:

• Consumer protection laws, which may grant users certain rights regarding software defects or unfair practices.
• Data protection laws, ensuring responsible handling of personal data.
• Contractual obligations, to the extent they cannot be lawfully disclaimed.

However, to the extent permitted by law, Aicountly disclaims all warranties and liabilities that may arise under such legal provisions.

Governing Law and Jurisdiction

Applicable Law

These Terms of Use, along with your access to and use of Aicountly, shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any disputes, claims, or legal actions arising out of or relating to these Terms, Aicountly’s services, or your use of the platform shall be subject to the exclusive jurisdiction of the courts located in [City, State], India.

If you access or use Aicountly from a jurisdiction outside India, you are solely responsible for ensuring compliance with all applicable local, national, and international laws. Aicountly makes no representation that its services are appropriate or legally available for use in other jurisdictions.

Dispute Resolution Mechanism

Negotiation and Amicable Resolution

In the event of any dispute, controversy, or claim between you and Aicountly, both parties agree to first attempt to resolve the matter amicably through good-faith negotiations. You must notify Aicountly in writing of any dispute by sending an email to [support email], providing a detailed explanation of the issue. Aicountly will review your complaint and respond within a reasonable timeframe.

Arbitration

If the dispute cannot be resolved through amicable negotiation within 30 days, the matter shall be referred to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted under the following terms:

• The arbitration shall take place in [City, State], India, unless both parties agree to a different location.
• The proceedings shall be conducted in English.
• The arbitration shall be presided over by a single arbitrator, mutually appointed by both parties. If the parties cannot agree on an arbitrator, one shall be appointed in accordance with the rules of the Indian arbitration laws.
• The decision of the arbitrator shall be final and binding on both parties.

Each party shall bear its own legal fees and costs incurred during the arbitration, except as required by applicable arbitration rules or as determined by the arbitrator.

Exceptions to Arbitration

Aicountly reserves the right to seek injunctive relief, equitable remedies, or legal action in a court of competent jurisdiction to prevent unauthorized use, intellectual property violations, data breaches, fraud, or any other activity that may cause immediate harm to Aicountly.

Class Action Waiver

To the maximum extent permitted by law, you agree that any claims or disputes between you and Aicountly shall be resolved on an individual basis and not as part of any class action, collective action, or representative proceeding. You expressly waive any right to participate in a class-action lawsuit or class-wide arbitration against Aicountly.

Limitation on Claims

Any claim, dispute, or legal action you bring against Aicountly must be initiated within one (1) year from the date on which the cause of action arose. If you fail to file a claim within this period, you agree that your right to bring such a claim shall be permanently barred.

Changes to the Terms of Use

Right to Modify the Terms

Aicountly reserves the exclusive right to modify, update, or amend these Terms of Use at any time, at its sole discretion. Such changes may be necessary due to updates in our services, changes in legal requirements, security enhancements, or other operational needs. By continuing to use Aicountly after any modifications are made, you agree to be bound by the revised Terms of Use.

It is your responsibility to review these Terms periodically to stay informed about any changes. If you do not agree to the updated Terms, you must immediately stop using Aicountly and close your account as outlined in the Termination and Suspension of Accounts clause.

Notification of Changes

To ensure transparency, Aicountly will notify users about significant changes to these Terms through one or more of the following methods:

• Email Notification: If you have a registered account, we may send an email to your provided email address informing you about key changes.
• In-App Notifications: A notice may be displayed within the Aicountly platform or application.
• Website Announcement: Updated Terms may be posted on our official website with a revised “Last Updated” date.

For minor modifications that do not materially affect your rights or obligations, we may update the Terms without a formal notification.

Effective Date of Changes

Unless otherwise stated, revised Terms will become effective as soon as they are posted. Your continued use of Aicountly after the effective date of the updated Terms constitutes your acceptance of the changes.

If you have concerns regarding any modifications, you may contact us at [support email] before the changes take effect. However, if you do not accept the revised Terms, your only recourse is to stop using Aicountly.

No Retroactive Changes

Changes to these Terms will not apply retroactively and will only affect future use of Aicountly. Any disputes or claims arising before the effective date of updated Terms shall be governed by the version of the Terms in effect at the time of the dispute.

Grievance Redressal Mechanism

Commitment to Resolving Concerns

Aicountly is committed to ensuring a transparent, fair, and effective mechanism for addressing user concerns, grievances, and legal or compliance-related issues. If you have any complaints, disputes, or concerns regarding our services, policies, or your rights, we encourage you to reach out to us through the designated channels outlined below. We take all grievances seriously and aim to resolve them in a timely and fair manner.

Contact Information for Grievances

For any complaints, concerns, or legal inquiries regarding Aicountly, you may contact our designated Grievance Officer at:

Grievance Officer
Shivansh Interactive Services Pvt Ltd
[Official Address]
[City, State, Country, Postal Code]
Email: [grievance@aicountly.com]
Phone: [Official Contact Number]
Working Hours: [Specify Hours, e.g., Monday to Friday, 9 AM to 6 PM IST]

Please provide the following details while submitting a grievance:

• Your full name and contact details (email and phone number)
• A clear description of your complaint with relevant details
• Any supporting documents or screenshots (if applicable)
• The specific relief or resolution you seek

Resolution Process

1. Acknowledgment: Upon receiving your grievance, we will acknowledge it within [X] business days through email or another suitable method.
2. Investigation: Our Grievance Officer will review your complaint, analyze the details, and may request additional information if necessary.
3. Resolution: We will strive to resolve your grievance within [X] business days from the date of acknowledgment. If additional time is required due to the complexity of the issue, we will inform you about the expected resolution timeline.
4. Final Response: Once the issue is addressed, we will provide you with a written response via email, explaining the resolution or any further steps required.

Escalation of Complaints

If you are not satisfied with the response provided by our Grievance Officer, you may escalate your concern by reaching out to [Higher Authority Contact, if applicable] or by pursuing legal remedies as per the Governing Law and Jurisdiction clause of these Terms.

Compliance with Applicable Laws

Aicountly’s Grievance Redressal Mechanism is designed to comply with all applicable laws, including but not limited to:

• The Information Technology Act, 2000 and relevant IT Rules (India)
• Any other jurisdiction-specific consumer protection or data protection laws that apply to your use of our services

No Waiver of Legal Rights

Submitting a grievance does not waive your legal rights to seek further action under applicable laws. However, we strongly encourage resolving disputes through this redressal mechanism before pursuing external legal remedies.

Updates to the Grievance Mechanism

Aicountly reserves the right to update or modify this grievance redressal mechanism at any time. Any changes will be reflected in these Terms, and users will be informed through appropriate channels.

Miscellaneous

Force Majeure

Aicountly shall not be held liable for any failure or delay in performance of its obligations under these Terms if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government actions, labor strikes, supply chain disruptions, power failures, cyberattacks, or any other events that could not have been reasonably foreseen or prevented (“Force Majeure Event”). If a Force Majeure Event occurs, Aicountly will make reasonable efforts to resume services as soon as practicable, but we shall not be responsible for any loss or damage resulting from such events.

Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions. The remaining provisions shall continue to be in full force and effect to the maximum extent permitted by law. In such cases, Aicountly may modify the unenforceable provision to the extent necessary to ensure its enforceability while preserving its original intent.

No Waiver

Failure or delay by Aicountly in exercising any right, remedy, or enforcing any provision of these Terms shall not be construed as a waiver of that right or provision. Any waiver of a breach or default must be in writing and shall not constitute a waiver of any subsequent breach or default. Aicountly reserves the right to enforce these Terms at any time, even if it has not immediately taken action in response to a user’s non-compliance.

Entire Agreement

These Terms, along with our Privacy Policy, Pricing, Payment, and Promotions Policy, and any other applicable policies or agreements referenced herein, constitute the entire agreement between you and Aicountly regarding your use of our services. They supersede all prior agreements, communications, and understandings, whether written or oral, relating to the subject matter contained herein.

Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of Aicountly. However, Aicountly reserves the right to assign or transfer its rights and obligations under these Terms, in whole or in part, without restriction and without prior notice to you.

Survival

Any provisions of these Terms that, by their nature, should survive termination or expiration shall remain in full force and effect. This includes, but is not limited to, provisions related to intellectual property rights, disclaimers and limitations of liability, governing law and jurisdiction, indemnification, and dispute resolution.

Interpretation

In this Agreement, where the context so requires the singular includes the plural and the plural includes the singular; words importing any gender include the other genders; references to statutes are to be construed as including all statutory provisions consolidating, amending or replacing the statute referred to; the word "or" shall be deemed to include "and/or", the words "including", "includes" and "include" shall be deemed to be followed by the words "without limitation"; references to articles, sections (or subdivisions of sections) or exhibits or schedules are to those of this Agreement; all titles, headings and subheadings are for convenience only and do not affect the meaning of the section / clause; and references to agreements and other contractual instruments shall be deemed to include all subsequent amendments and other modifications to such instruments, but only to the extent such amendments 'and other modifications are not prohibited by the terms of this Agreement.

Supersedes Prior Agreements:

This Agreement supersedes any and all prior agreements entered into by and between User and Aicountly.

Contact Information:

If You have any questions or comments about this Agreement, You can contact Our grievance officer at …………………………..