BizMagnet ERP Terms of Service

For purposes of these Terms: "BizMagnet ERP" means the enterprise resource planning platform and associated software services provided by AIN Technologies. "Customer" means the individual or legal entity subscribing to or using the Services. "Authorized User" means an employee, contractor, consultant, representative, or other person authorized by the Customer to access the Services under the Customer's account. "Customer Data" means all information, records, files, documents, transactions, business information, personal data, content, and other information submitted, uploaded, generated, or stored by or on behalf of the Customer through the Services. "Subscription" means the Customer's paid or trial access to the Services under a selected plan. "Subscription Plan" means the pricing, user limits, storage limits, features, modules, transaction limits, and other conditions applicable to the Customer's selected subscription. "Third-Party Services" means applications, platforms, APIs, payment providers, communication services, government systems, integrations, or other services operated by third parties.

You may accept these Terms by:

1. Creating a BizMagnet ERP account;
2. Selecting or purchasing a Subscription;
3. Clicking an "I Agree", "Accept", or similar button;
4. Signing an order form, proposal, quotation, or service agreement referencing these Terms; or
5. Accessing or using the Services.

Your continued use of the Services after an updated version of these Terms becomes effective constitutes acceptance of the revised Terms, subject to applicable law.

You must have the legal capacity to enter into a binding agreement. If you use BizMagnet ERP on behalf of an organization, you confirm that:

1. You are authorized to represent that organization;
2. You have authority to accept these Terms on its behalf; and
3. The organization will be responsible for its Authorized Users and their use of the Services.

BizMagnet ERP provides cloud-based business management and ERP functionality, which may include, depending on the Customer's Subscription Plan:

1. Accounting and finance;
2. Sales and purchasing;
3. Inventory and warehouse management;
4. Customer relationship management;
5. Human resources and payroll;
6. Time and expense management;
7. Project and matter management;
8. Reporting and analytics;
9. Asset management;
10. Document management;
11. Communication and collaboration;
12. Mobile applications;
13. APIs and integrations;
14. E-invoicing and tax-related functionality;
15. Industry-specific modules; and
16. Other features introduced by AIN from time to time.

The availability of specific modules and features may depend on the Customer's Subscription Plan, geographic location, regulatory requirements, technical availability, or separate commercial arrangements.

To access certain Services, you may be required to create an account. You agree to provide information that is accurate, complete, and current. You are responsible for:

1. Maintaining accurate account information;
2. Protecting account credentials;
3. Maintaining the confidentiality of passwords;
4. Controlling access to Authorized Users;
5. Removing access when a user leaves your organization;
6. Ensuring that Authorized Users comply with these Terms; and
7. All activities conducted through your account, except to the extent caused by AIN's failure to meet its applicable security obligations.

You must notify AIN promptly if you reasonably suspect unauthorized access to your account.

The Customer is responsible for determining which employees or representatives may access BizMagnet ERP. Where role-based access controls are available, the Customer is responsible for appropriately configuring:

1. User roles;
2. Permissions;
3. Administrative privileges;
4. Financial access;
5. HR access;
6. Data access; and
7. Module-level permissions.

The Customer is responsible for promptly revoking access when an Authorized User no longer requires access. AIN may provide administrative and security controls, but the Customer remains responsible for configuring those controls appropriately.

Access to paid Services is provided according to the Subscription Plan selected by the Customer. Subscription Plans may specify:

1. Number of users;
2. Available modules;
3. Storage;
4. Transaction limits;
5. Usage limits;
6. Support level;
7. Billing frequency;
8. Contract period;
9. Additional features; and
10. Other applicable restrictions.

AIN may introduce new plans or modify existing plans from time to time. Features included in a particular Subscription Plan are those displayed or agreed upon at the time of purchase, subject to applicable updates and changes described in these Terms.

AIN may offer free trials, demonstrations, promotional access, or limited versions of BizMagnet ERP. Unless otherwise stated in writing:

1. A free trial is provided for evaluation purposes;
2. Trial access may be subject to feature, user, storage, or usage limitations;
3. AIN may modify or terminate a trial at any time;
4. Trial accounts may not include all features of a paid Subscription;
5. Customer Data associated with a trial may be deleted after the applicable retention period following trial expiration; and
6. A free trial does not create an obligation for AIN to continue providing the Services after the trial period.

If a trial automatically converts into a paid Subscription, the applicable conversion terms will be disclosed before or at the time of conversion.

Customers using paid Services agree to pay the applicable fees specified in the selected Subscription Plan, quotation, order form, or other applicable commercial agreement. Unless otherwise agreed:

1. Fees are payable according to the billing schedule communicated at purchase.
2. Applicable taxes, duties, levies, or government charges are the responsibility of the Customer.
3. The Customer is responsible for providing accurate billing information.
4. Failed or overdue payments may result in suspension of Services after reasonable notice.
5. Additional users, modules, storage, transactions, or services may incur additional charges.
6. AIN may change pricing for future subscription periods by providing reasonable notice.

Where GST or other applicable taxes are required by law, such taxes will be charged in addition to the applicable service fees unless otherwise stated.

Subscriptions may renew automatically where automatic renewal is enabled or agreed upon. The Customer may cancel its Subscription in accordance with the applicable cancellation terms. Unless otherwise agreed:

1. Cancellation prevents renewal after the current paid subscription period;
2. Cancellation does not automatically entitle the Customer to a refund for unused time;
3. Outstanding amounts remain payable; and
4. Cancellation does not affect obligations that accrued before termination.

Specific enterprise or annual contracts may contain different cancellation provisions.

Refund eligibility will be governed by AIN's applicable Refund and Cancellation Policy or the commercial agreement applicable to the Customer. Unless otherwise expressly agreed:

1. Subscription fees are generally non-refundable once a billing period has commenced;
2. Promotional or discounted subscriptions may have separate refund conditions; and
3. Fees for customized implementation, development, training, migration, or professional services may be non-refundable once work has commenced.

Nothing in this section excludes any refund or consumer right that cannot legally be excluded under applicable law.

The Customer is responsible for:

1. Providing accurate business information;
2. Maintaining accurate records;
3. Entering correct transaction data;
4. Reviewing reports and financial information;
5. Configuring business rules appropriately;
6. Maintaining appropriate user permissions;
7. Obtaining required licenses and approvals;
8. Complying with applicable laws and regulations;
9. Maintaining appropriate backups where necessary;
10. Ensuring that uploaded content is lawful; and
11. Using the Services in accordance with these Terms.

AIN is not responsible for losses resulting from inaccurate information, incorrect configuration, unauthorized access caused by Customer negligence, or misuse of the Services by the Customer or its Authorized Users, except where caused by AIN's breach of its obligations.

You agree not to use BizMagnet ERP to:

1. Violate applicable laws or regulations;
2. Access another customer's account or data without authorization;
3. Attempt to bypass security controls;
4. Introduce malware, viruses, malicious code, or harmful software;
5. Interfere with or disrupt the Services;
6. Conduct unauthorized security testing or penetration testing;
7. Reverse engineer, decompile, disassemble, or attempt to obtain source code except where expressly permitted by applicable law;
8. Copy, reproduce, resell, lease, sublicense, or commercially exploit the Services without authorization;
9. Circumvent subscription or usage restrictions;
10. Use automated methods to access the Services in a manner that exceeds documented or permitted limits;
11. Upload content that infringes intellectual property, privacy, or other rights of third parties;
12. Use the Services to distribute unlawful, fraudulent, deceptive, or harmful content; or
13. Attempt to gain unauthorized access to AIN's systems, networks, or infrastructure.

AIN may suspend access where it reasonably believes that continued use presents a security, legal, operational, or material risk.

The Customer retains ownership of its Customer Data. Nothing in these Terms transfers ownership of Customer Data to AIN. The Customer grants AIN a limited, non-exclusive, worldwide right to host, store, process, transmit, reproduce, and otherwise use Customer Data only as reasonably necessary to:

1. Provide the Services;
2. Maintain and secure the Services;
3. Provide customer support;
4. Perform backups;
5. Prevent fraud and abuse;
6. Comply with applicable law; and
7. Improve the Services using aggregated or de-identified information where legally permitted.

AIN will not sell Customer Data as a commercial product.

The Customer is responsible for:

1. The legality and accuracy of Customer Data;
2. Obtaining necessary consents and permissions;
3. Ensuring that Customer Data may lawfully be provided to AIN;
4. Responding to requests from individuals whose personal data is processed through the Customer's account;
5. Configuring access appropriately; and
6. Complying with applicable data protection and privacy laws.

Where the Customer uses BizMagnet ERP to process personal data belonging to its employees, customers, vendors, or other individuals, the Customer remains responsible for determining the lawful purpose and appropriate use of that data.

AIN may process personal data in connection with providing the Services. Such processing will be governed by:

1. Applicable privacy and data protection laws;
2. AIN's Privacy Policy;
3. Applicable contractual data protection terms; and
4. Any Data Processing Agreement entered into between AIN and the Customer.

Where applicable, AIN intends to operate its Services in accordance with applicable requirements of Indian data protection law, including the Digital Personal Data Protection Act, 2023 and applicable rules and regulations as they come into force. The Privacy Policy forms part of the overall legal framework governing the Services.

AIN will implement reasonable technical and organizational measures designed to protect Customer Data against unauthorized access, alteration, disclosure, destruction, or loss. Depending on the applicable service, security measures may include:

1. Access controls;
2. Authentication mechanisms;
3. Encryption;
4. Security monitoring;
5. Backup mechanisms;
6. Infrastructure controls;
7. Logging and audit mechanisms; and
8. Other reasonable security measures.

No internet-based service can guarantee absolute security. The Customer acknowledges that it is also responsible for maintaining secure passwords, appropriate user permissions, and secure devices used to access the Services.

AIN may maintain backups of Customer Data as part of its operational processes. Backups are intended to support service continuity and recovery and should not be treated as a substitute for the Customer's own independent backup obligations where such backups are commercially or legally necessary. Unless a separate Service Level Agreement ("SLA") applies, AIN does not guarantee uninterrupted or error-free availability of the Services. Scheduled maintenance, emergency maintenance, infrastructure failures, internet outages, third-party failures, and events outside AIN's reasonable control may affect availability.

BizMagnet ERP may integrate with Third-Party Services, including payment providers, communication platforms, government systems, banking systems, tax platforms, cloud infrastructure providers, APIs, and other external services. Use of Third-Party Services may be subject to separate terms and privacy policies. AIN is not responsible for the availability, security, accuracy, functionality, or continued operation of a Third-Party Service where the issue is caused by the third party. Changes to or discontinuation of a Third-Party Service may require corresponding changes to BizMagnet ERP.

BizMagnet ERP may provide features designed to assist Customers with accounting, taxation, invoicing, e-invoicing, reporting, or other regulatory requirements. Such functionality is intended to support business processes and does not constitute legal, tax, accounting, or regulatory advice. The Customer remains responsible for:

1. Verifying the accuracy of its records;
2. Applying the correct tax treatment;
3. Maintaining required documentation;
4. Meeting filing deadlines;
5. Obtaining professional advice where necessary; and
6. Ensuring compliance with applicable laws.

Where a government authority changes its systems, requirements, APIs, formats, or regulations, AIN may need to modify corresponding BizMagnet functionality.

All rights, title, and interest in and to BizMagnet ERP and its underlying technology remain with AIN Technologies or its licensors. This includes, without limitation:

1. Software;
2. Source code;
3. Object code;
4. APIs;
5. System architecture;
6. Frameworks;
7. Algorithms;
8. Databases and database structures;
9. User interfaces;
10. Designs;
11. Documentation;
12. Templates;
13. Logos and trademarks;
14. Product names;
15. Proprietary methodologies; and
16. Improvements and modifications.

Except for the limited right to use the Services during an active Subscription, no ownership rights are granted to the Customer. The Customer must not copy, reproduce, modify, distribute, sell, lease, sublicense, or commercially exploit AIN's proprietary technology without written authorization.

The Customer retains ownership of its materials, trademarks, logos, documents, and Customer Data. If the Customer provides suggestions, recommendations, feedback, or ideas relating to BizMagnet ERP, AIN may use such feedback without restriction or compensation, provided that doing so does not disclose the Customer's confidential information.

AIN may offer beta, preview, experimental, or early-access features. Such features may:

1. Be incomplete;
2. Contain errors;
3. Have limited functionality;
4. Change without notice;
5. Be discontinued at any time; or
6. Not be covered by standard support or service commitments.

The Customer uses such features at its own discretion and risk.

Support availability depends on the Customer's Subscription Plan or applicable service agreement. Professional services may include:

1. Implementation;
2. Configuration;
3. Data migration;
4. Customization;
5. Training;
6. Integration;
7. Consulting; and
8. Development services.

Professional services may be governed by a separate quotation, Statement of Work ("SOW"), proposal, or agreement. Where there is a conflict between these Terms and a signed SOW, the SOW will govern the specific professional services to the extent of that conflict.

Where AIN provides custom development:

1. Requirements will be agreed upon between the parties.
2. Deliverables will be defined in the applicable SOW or commercial agreement.
3. Timelines may change due to requirements, approvals, dependencies, or third-party systems.
4. Additional requirements may result in additional fees.
5. Unless otherwise agreed in writing, AIN retains ownership of its underlying frameworks, libraries, reusable components, tools, methodologies, and technology.
6. The Customer receives the rights specifically granted in the applicable agreement after payment of all applicable fees.

Each party may receive confidential information belonging to the other party. The receiving party agrees to:

1. Use confidential information only for purposes of the business relationship;
2. Protect it using reasonable measures;
3. Not disclose it to unauthorized third parties; and
4. Disclose it only to employees, contractors, professional advisers, or service providers who need to know and are subject to appropriate confidentiality obligations.

Confidential information does not include information that:

1. Is publicly available without breach;
2. Was already lawfully known;
3. Is independently developed without use of confidential information; or
4. Is lawfully obtained from a third party without confidentiality restrictions.

A party may disclose confidential information where required by law, regulation, court order, or government authority, subject to applicable legal requirements.

AIN continually develops and improves BizMagnet ERP. Accordingly, AIN may:

1. Add new features;
2. Modify existing features;
3. Improve performance;
4. Change user interfaces;
5. Remove obsolete functionality;
6. Introduce new modules; or
7. Modify technical infrastructure.

AIN will make reasonable efforts to avoid materially reducing core functionality of a paid service without appropriate notice where reasonably practicable.

AIN may suspend or restrict access to the Services where reasonably necessary to:

1. Protect security;
2. Prevent fraud or abuse;
3. Address a serious violation of these Terms;
4. Comply with law or a government request;
5. Address overdue payments after applicable notice;
6. Protect the Services or other customers; or
7. Address a material operational or security risk.

Where reasonably practicable, AIN will provide notice before suspension and an opportunity to remedy the issue. Emergency suspension may occur without advance notice where necessary to protect systems, users, data, or legal interests.

Either party may terminate the Agreement as permitted by the applicable Subscription Plan, SOW, order form, or commercial agreement. AIN may terminate or suspend the Customer's access where the Customer:

1. Materially breaches these Terms;
2. Fails to pay applicable fees;
3. Engages in unlawful activity;
4. Creates a significant security risk;
5. Attempts to compromise the Services; or
6. Becomes subject to insolvency or similar proceedings, where permitted by law.

Termination does not eliminate amounts already due.

Upon termination or expiration:

1. The Customer's right to access paid Services will end, subject to any applicable transition period.
2. The Customer should export necessary Customer Data before the applicable termination date.
3. AIN may retain Customer Data for a reasonable period in accordance with its retention and backup practices.
4. AIN may delete Customer Data after the applicable retention period, subject to legal, regulatory, security, or backup requirements.
5. Any unpaid fees remain payable.
6. Sections that by their nature should survive termination will continue, including intellectual property, confidentiality, liability, indemnification, governing law, and payment obligations.

Subject to the applicable Subscription Plan and technical availability, Customers may export Customer Data during an active Subscription. After termination, AIN may provide a reasonable period during which the Customer may request or complete an export of available Customer Data. Data export may be subject to:

1. Technical limitations;
2. Applicable format limitations;
3. Reasonable processing fees for specialized migration services; and
4. Legal or regulatory restrictions.

To the maximum extent permitted by applicable law, the Services are provided on an "as available" and "as is" basis unless a separate written agreement expressly provides otherwise. AIN does not warrant that:

1. The Services will always be uninterrupted;
2. The Services will be completely error-free;
3. Every feature will meet every Customer requirement;
4. All data entered by the Customer will be accurate;
5. Third-party services will always remain available; or
6. The Services will satisfy every regulatory or business requirement applicable to the Customer.

Nothing in these Terms excludes any warranty, right, or remedy that cannot legally be excluded or limited.

To the maximum extent permitted by applicable law, AIN Technologies will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, business opportunities, goodwill, anticipated savings, or business interruption arising from or related to the Services.

To the maximum extent permitted by applicable law, AIN's aggregate liability arising out of or relating to the Services will not exceed the total fees actually paid by the Customer to AIN for the affected Services during the twelve (12) months immediately preceding the event giving rise to the claim. This limitation does not apply to liability that cannot legally be limited or excluded under applicable law.

To the extent permitted by applicable law, the Customer agrees to defend, indemnify, and hold harmless AIN Technologies, its affiliates, officers, employees, and service providers from third-party claims, damages, liabilities, costs, and reasonable expenses arising from:

1. The Customer's unlawful use of the Services;
2. Customer Data or content that infringes a third party's rights;
3. The Customer's violation of these Terms;
4. Unauthorized use of the Customer's account; or
5. The Customer's violation of applicable law.

AIN will provide reasonable notice of any applicable claim and reasonable cooperation, at the Customer's expense.

Neither party will be liable for failure or delay in performing its obligations where the failure results from circumstances beyond its reasonable control, including:

1. Natural disasters;
2. Fire;
3. Flood;
4. Epidemics or pandemics;
5. War;
6. Terrorism;
7. Civil unrest;
8. Government action;
9. Internet or telecommunications failures;
10. Power failures;
11. Cloud infrastructure failures;
12. Cyberattacks or widespread security incidents; or
13. Other events beyond reasonable control.

This section does not excuse payment obligations for services already provided.

AIN may update these Terms from time to time. For material changes, AIN may provide notice through the website, application, email, account notification, or other reasonable means. The updated Terms will become effective on the date specified in the updated version. If the Customer continues using the Services after the effective date, the Customer will be deemed to have accepted the updated Terms, subject to applicable law.

These Terms will be governed by and interpreted in accordance with the laws applicable to the contracting entity of AIN Technologies, without regard to conflict-of-law principles.

Jurisdiction: Courts of competent jurisdiction located at the registered office of AIN Technologies. Where the parties have entered into a separate agreement specifying governing law, jurisdiction, or arbitration, that agreement will govern to the extent of any conflict.

The parties will first attempt to resolve disputes through good-faith discussions between authorized representatives. If a dispute cannot be resolved through negotiation, the parties may pursue the dispute resolution mechanism specified in the applicable commercial agreement or, where none exists, the competent courts or dispute-resolution forum identified in the Governing Law section. Nothing prevents either party from seeking urgent injunctive or protective relief where necessary to protect confidential information, intellectual property, security, or other rights.

AIN may provide notices to Customers through:

1. Email;
2. The BizMagnet ERP application;
3. The Customer's registered account;
4. The BizMagnet website; or
5. Other reasonable electronic communication methods.

Customers are responsible for maintaining accurate contact information. Legal notices to AIN should be sent to: AIN Technologies | Email: support@bizmagneterp.com

The Customer may not assign or transfer this Agreement without AIN's prior written consent, except where permitted as part of a merger, acquisition, restructuring, or transfer of substantially all relevant business assets. AIN may assign or transfer this Agreement to an affiliate, successor, or entity acquiring the relevant business or assets, subject to applicable law.

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be modified or interpreted to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

These Terms, together with the applicable Subscription Plan, Order Form, SOW, Privacy Policy, Refund and Cancellation Policy, SLA, and other written agreements expressly incorporated by reference, constitute the agreement between the parties concerning the Services. If there is a conflict between documents, the following order will generally apply unless expressly agreed otherwise:

1. Signed commercial agreement or Order Form;
2. Statement of Work;
3. Service-specific terms;
4. These Terms of Service;
5. Other incorporated policies.

Failure by either party to enforce a provision of these Terms does not constitute a waiver of that party's right to enforce the same provision later.

The parties are independent contractors. Nothing in these Terms creates:

1. A partnership;
2. Joint venture;
3. Agency relationship;
4. Employment relationship; or
5. Franchise relationship between AIN and the Customer.

BizMagnet ERP is a software platform and does not provide legal, tax, accounting, financial, employment, investment, or other professional advice. Customers should obtain appropriate professional advice when required. The Customer remains responsible for reviewing information generated by the Services before relying on it for business, tax, accounting, regulatory, legal, or financial decisions.

For questions concerning these Terms or BizMagnet ERP, please contact:

AIN Technologies
Product: BizMagnet ERP
Website: https://bizmagneterp.com
Email: support@bizmagneterp.com

Acknowledgment: By creating an account, purchasing a Subscription, accepting an Order Form, or using BizMagnet ERP, you acknowledge that you have read, understood, and agreed to these Terms of Service.

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