Terms and Conditions

1.These terms, and your agreement to them

These Terms and Conditions (the “Terms”) govern your use of BillKr, the accounting and GST billing software provided by Integrow Business Solutions Private Limited, a company incorporated in India with its registered office at B-1D, Road Number 1, VKIA, Vishwakarma Industrial Area, Jaipur 302013, Rajasthan, India (“BillKr”, “we”, “us”, “our”).

They apply to our website, our web application and our mobile app, together the “Service”. By creating an account, or by using the Service, you agree to these Terms. If you do not agree to them, do not use the Service.

These Terms form an electronic record under the Information Technology Act, 2000 and the rules made under it. They do not require a physical or digital signature to be binding, and are enforceable under Section 10A of that Act.

Our Privacy Policy forms part of these Terms and is incorporated into them by reference.

2.Definitions

• “Account Owner” means the person or business entity that registers for an account and is responsible for it.
• “Authorised User” means any person the Account Owner invites into the account, including staff and a chartered accountant.
• “Your Data” means all data, records, documents and files you or your Authorised Users enter into or upload to the Service — invoices, customers, vendors, items, purchase bills, payments, ledgers and attachments.
• “Plan” means the subscription tier you select.
• “Trial” means the free evaluation period described in Section 6.
• “CA Portal” means the separate portal through which a chartered accountant you invite can access your books.

3.Eligibility

To use the Service you must be at least 18 years of age and competent to contract under the Indian Contract Act, 1872. If you are registering on behalf of a business, you confirm that you are authorised to bind that business to these Terms, and “you” means that business.

The Service is designed for businesses in India and for compliance with Indian tax law. We do not represent that it is appropriate for use in any other jurisdiction, and you are responsible for compliance with any law that applies to you.

4.Your account

4.1Registration

You must provide accurate and complete information when you register, and keep it up to date. This includes your business name, GSTIN where you have one, address and contact details, because these appear on the tax documents the Service generates for you.

4.2Credentials and security

You are responsible for keeping your password confidential and for all activity that occurs under your account. Give each member of your team their own login with an appropriate role rather than sharing one. Tell us promptly if you believe your account has been accessed without authorisation.

4.3Authorised Users

You may invite Authorised Users and assign them roles. You are responsible for what your Authorised Users do in the Service, for the roles you grant them, and for removing access when a person leaves your business. Their acts and omissions in the Service are treated as yours.

5.The Service and your licence to use it

Subject to these Terms and to payment of any applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your internal business purposes during your subscription.

Features available to you depend on your Plan. We may add, change or withdraw features. Where we withdraw a feature you materially rely on, we will give you reasonable notice, and Section 22 sets out your options.

5.1What the Service does not include

For the avoidance of doubt, the Service does not currently provide batch or expiry-date tracking, size-and-colour variant matrices, per-unit serial number tracking, or multi-warehouse stock. If any of these is essential to your business, satisfy yourself before subscribing that the Service meets your needs.

6.Free trial

We offer a free Trial lasting 15 days, shown on our pricing page as the Starter plan. No payment instrument is required to begin a Trial.

When a Trial ends, you need to subscribe to a paid Plan to keep using the Service. Your Data is not deleted at the end of a Trial. We may limit each business to one Trial, and may withdraw or vary Trials at any time.

7.Fees, billing and taxes

7.1Fees

Fees for paid Plans are those set out on our pricing page at the time you subscribe. Fees are payable in Indian Rupees, in advance, for each billing cycle.

7.2GST on our fees

Fees are exclusive of GST unless stated otherwise. GST is charged at the applicable rate and shown separately on our tax invoice to you. Where you provide a valid GSTIN, our invoice will carry it so that you can claim input tax credit, subject to your own eligibility.

7.3Renewal

Paid Plans renew automatically at the end of each billing cycle at the then-current fee, unless cancelled before the renewal date. You may cancel at any time from your account or by writing to us; cancellation takes effect at the end of the cycle then running.

7.4Changes to fees

We may change our fees. We will give you at least NOTICE PERIOD, e.g. 30 DAYS notice before a change takes effect, and it will apply from your next billing cycle. If you do not accept the change, you may cancel before it takes effect.

7.5Late payment and non-payment

If a payment fails or is not made when due, we may suspend access to paid features after giving you notice and a reasonable opportunity to pay. Suspension for non-payment does not delete Your Data, which is handled under Section 18.

7.6Refunds

Our refund position is: STATE YOUR REFUND POLICY IN FULL. Nothing in this Section limits any right you may have under the Consumer Protection Act, 2019 where it applies to you.

8.Acceptable use

You must use the Service lawfully. You must not, and must not permit any Authorised User to:

• use the Service for any unlawful purpose, or to create false, fraudulent or backdated records
• upload or transmit anything that infringes another person's intellectual property or privacy rights
• upload anything that is defamatory, obscene, harmful to a child, or otherwise unlawful under Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
• introduce a virus, worm or other malicious code, or attempt to gain unauthorised access to the Service or to another customer's data
• probe, scan, penetration-test or load-test the Service without our prior written consent
• reverse engineer, decompile or disassemble the Service, or attempt to derive its source code, except to the extent this restriction is prohibited by law
• resell, sublicense, rent or provide the Service to a third party as a service bureau, except through the CA Portal as intended
• use automated means to scrape or extract data from the Service other than through features we provide
• remove or obscure any proprietary notice in the Service

We may investigate suspected breaches and may suspend access under Section 17 where we reasonably believe a breach has occurred.

9.Your Data

9.1Ownership

As between you and us, Your Data belongs to you. We claim no ownership of it.

9.2The licence you give us

You grant us a limited, worldwide, royalty-free licence to host, store, copy, transmit, display and process Your Data solely to provide, secure, support and maintain the Service for you, and to comply with law. This licence exists only for those purposes and ends when Your Data is deleted.

9.3Your responsibility for it

You are responsible for the accuracy, quality and legality of Your Data, for having the right to provide it to us, and for the personal data of your own customers and suppliers that you enter into the Service. Our Privacy Policy explains how that data is handled and what your obligations are in respect of it.

9.4Aggregated and anonymised data

We may generate aggregated, de-identified statistics about how the Service is used, and use them to operate and improve it. Such data never identifies you, your business or your customers, and is not shared in a form that could.

10.Your chartered accountant and the CA Portal

The Service lets you invite a chartered accountant into the CA Portal so they can see your books. You choose whether to invite them, what they may access, and when to withdraw that access. We do not grant any accountant access to Your Data unless you have invited them.

Your relationship with your accountant is between you and them. We are not a party to it, we do not supervise their work, and we are not responsible for advice they give you or for anything they do in your account.

11.Third-party services

The Service may link to or interoperate with services we do not control, including government portals such as the GST Network and the e-way bill system. We are not responsible for their availability, accuracy or conduct, and your use of them is governed by their own terms. Where a government portal is unavailable or changes, features that depend on it may be affected.

12.BillKr is software, not a tax adviser

This is the most important thing in these Terms, so we state it plainly.

BillKr is a software tool. We are not chartered accountants, tax practitioners, company secretaries or lawyers, and we do not provide accounting, tax, legal or financial advice. Nothing in the Service, in our documentation, on our website — including our GST guides — or in any support response constitutes professional advice or an opinion on your tax position.

The GST guides and explanatory material we publish are general information, current only as at the date written. Tax law changes, and rates, thresholds and due dates are revised from time to time. You must not rely on them as a substitute for advice from a qualified professional who knows your circumstances.

13.Tax computations, returns and your responsibility

13.1Computation depends on your input

The Service computes GST from the data you enter — in particular the HSN or SAC code, tax rate, place of supply and customer GSTIN recorded against each item and party. If that data is wrong or incomplete, the computed tax will be wrong. You are responsible for the data you enter and for the classifications you choose.

13.2We generate summaries; you file

The Service produces GSTR-1, GSTR-2, GSTR-3B and GSTR-9 summaries from your records so that you can review them. You remain responsible for reviewing those summaries against your own books, for the correctness and completeness of every return, and for filing it and paying tax by the due date.

13.3Your record-keeping obligations

You are responsible for retaining your books and records for the period required by law — under GST law, seventy-two months from the due date of the annual return for the relevant year, and longer while an appeal is pending. Using the Service does not transfer that obligation to us. We recommend you export your data periodically and keep your own copy.

13.4No responsibility for penalties

We are not responsible for any interest, late fee, penalty, demand, assessment or prosecution arising from your tax affairs, including where it results from data you entered, a return you filed, a deadline you missed, or a classification you selected.

14.Our intellectual property

The Service, including its software, design, text, graphics, the BillKr name and logo and all related intellectual property, belongs to us or our licensors. These Terms grant you a licence to use the Service, not any ownership in it. You may not use our name, logo or branding without our prior written consent.

15.Feedback

If you send us suggestions or ideas about the Service, we may use them without restriction and without any obligation to you. We will not identify you as their source without your consent. This does not give us any right to Your Data.

16.Availability, support and maintenance

We aim to keep the Service available, but we do not guarantee uninterrupted or error-free operation and we do not currently offer a contractual uptime commitment.

We may carry out planned maintenance, and will try to schedule it outside normal business hours and to give notice where it will cause material disruption. Emergency maintenance may be carried out without notice.

Support is provided through the channels described on our website, during SUPPORT HOURS. The level of support may vary by Plan.

17.Suspension and termination

17.1By you

You may stop using the Service and close your account at any time. Where you are on a paid Plan, cancellation takes effect at the end of the billing cycle then running, unless we agree otherwise.

17.2By us

We may suspend or terminate your access where:

• you materially breach these Terms and, where the breach can be remedied, do not remedy it within a reasonable period after we ask you to
• fees remain unpaid after notice and a reasonable opportunity to pay
• we reasonably believe your use is unlawful, or creates a security or legal risk to us or to other customers
• we are required to do so by law or by an order of a competent authority

Except where the law or an urgent security or legal risk requires immediate action, we will give you notice before suspending or terminating, and an opportunity to put things right.

17.3Withdrawal of the Service

If we decide to discontinue the Service altogether, we will give you at least NOTICE PERIOD, e.g. 90 DAYS notice, a reasonable opportunity to export Your Data, and a pro-rata refund of fees paid for any period after the Service ends.

18.What happens to Your Data when your account ends

You may export Your Data at any time while your account is active. After termination or cancellation we will keep Your Data available for export for EXPORT WINDOW, e.g. 30 DAYS, after which we will delete or anonymise it in accordance with our Privacy Policy, unless we are required by law to keep it longer.

19.Warranties and disclaimers

We warrant that we will provide the Service with reasonable care and skill.

Except as expressly stated in these Terms, and to the maximum extent permitted by law, the Service is provided “as is” and “as available”, and we disclaim all other warranties, conditions and representations, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

In particular, and without limiting Sections 12 and 13, we do not warrant that the Service will be uninterrupted, secure or error-free; that defects will be corrected; that the Service will meet your particular requirements; or that any tax computation, return summary or report generated from data you entered will be accurate, complete or accepted by any authority.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by negligence.

20.Limitation of liability

Subject to the final paragraph of Section 19, and to the maximum extent permitted by law:

• neither party is liable for indirect, incidental, special, consequential or punitive loss, or for loss of profit, revenue, business, goodwill, anticipated savings or data, however arising
• our total aggregate liability arising out of or in connection with these Terms and the Service, whether in contract, tort (including negligence) or otherwise, is limited to LIABILITY CAP — e.g. THE FEES PAID BY YOU IN THE 12 MONTHS BEFORE THE CLAIM

Where you use the Service during a Trial and have paid us nothing, our aggregate liability to you is limited to a nominal amount, to be agreed with your lawyer and stated here.

21.Indemnity

You will indemnify us against claims, losses and reasonable costs arising from Your Data, from your use of the Service in breach of these Terms or of law, or from a claim by one of your own customers, suppliers or Authorised Users relating to records you created in the Service. We will notify you promptly of any such claim, allow you to control the defence, and provide reasonable cooperation at your cost.

22.Changes to the Service and to these Terms

We may change these Terms. Where a change is material and adverse to you, we will give you at least NOTICE PERIOD, e.g. 30 DAYS notice, by email or in the Service, before it takes effect. Continuing to use the Service after that date means you accept the change. If you do not accept it, you may cancel before it takes effect, and we will refund fees covering any unused period already paid for.

We will keep the “last updated” date at the top of these Terms current, and will make the previous version available on request.

23.Confidentiality

Each party may receive information the other treats as confidential. Each will use the other's confidential information only to perform its obligations under these Terms, will protect it with at least reasonable care, and will not disclose it except to those who need it and are bound by equivalent obligations, or where disclosure is required by law. Your Data is your confidential information.

24.Force majeure

Neither party is liable for failure or delay caused by an event beyond its reasonable control, including natural disaster, epidemic, war, civil unrest, strike, failure of a public telecommunications or power network, government action, or the unavailability of a government portal. The affected party will notify the other and use reasonable efforts to resume performance.

25.Governing law and jurisdiction

These Terms are governed by the laws of India. Subject to Section 26, the courts at Jaipur have exclusive jurisdiction. Nothing here deprives a consumer of the right to bring proceedings in the forum available to them under the Consumer Protection Act, 2019.

26.Dispute resolution

If a dispute arises, the parties will first try in good faith to resolve it by discussion. Either party may escalate by writing to the other setting out the dispute; senior representatives will then attempt to resolve it within thirty days.

If it remains unresolved, it will be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration will be Jaipur, the language will be English, and the award will be final and binding. Either party may still seek urgent interim relief from a court.

27.Grievance Officer

In accordance with the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the contact details of our Grievance Officer are:

The Grievance Officer will acknowledge a complaint within twenty-four hours and resolve it within fifteen days of receipt, as those Rules require. Complaints about personal data are handled under our Privacy Policy, which sets out the further escalation route to the Data Protection Board of India.

28.Notices

We will give you notice by email to the address on your account, or by a message shown in the Service. You must give us notice in writing to LEGAL / NOTICES EMAIL and, where a Section requires it, by post to our registered office. Notice is treated as given when sent by email, or on delivery if by post. It is your responsibility to keep your email address current.

29.General

• Assignment — You may not assign or transfer these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets, on notice to you.
• Severability — If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary, or severed, and the remaining provisions will continue in force.
• Waiver — A failure or delay in enforcing a right is not a waiver of it.
• Entire agreement — These Terms, together with the Privacy Policy and any order or plan details, are the entire agreement between us on their subject matter and supersede any prior understanding.
• No partnership — Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between us.
• Third parties — A person who is not a party to these Terms has no right to enforce them.
• Survival — Sections 9, 12, 13, 14, 15, 19, 20, 21, 23, 25 and 26 survive termination, along with any provision that by its nature should.

30.Contact us

Questions about these Terms can be sent to CONTACT EMAIL, or by post to Integrow Business Solutions Private Limited, B-1D, Road Number 1, VKIA, Vishwakarma Industrial Area, Jaipur 302013, Rajasthan, India.