auditmann
LEGAL

Terms and Conditions

Effective date: [date of launch]

These Terms and Conditions ("Terms") are a binding agreement between you and Booksmann Private Limited, a company incorporated in India with its registered office at 49, DDA Site 1, M Block, New Rajender Nagar, Delhi 110060 ("Auditmann", "we", "us"). They apply to auditmann.com and the Auditmann application and related services (the "Services"). By creating an account, submitting a form, starting a trial or otherwise using the Services you agree to these Terms, our Privacy Policy and our Refund Policy. If you use the Services for a firm or company, you confirm you are authorised to bind it, and "you" includes that firm. If you do not agree, do not use the Services.

1. The Services

Auditmann is a software tool that helps chartered accountants, audit firms and finance teams prepare draft financial statements in Schedule III format, analyse TDS and perform related workflows using data you provide, including data synced from Tally. We may add, change, suspend or remove features, integrations and plans at any time. Beta, trial or preview features are offered as is and may be withdrawn without notice.

2. Eligibility and accounts

  • You must be at least 18 years old and able to enter a binding contract under Indian law.
  • You must give accurate, current and complete information and keep it updated.
  • You are responsible for all activity under your account and for keeping your login details confidential. Tell us at once at support@auditmann.com if you suspect unauthorised use. We are not liable for loss caused by unauthorised use of your account before you tell us.
  • Each login is for one person. Sharing logins is not allowed unless your plan permits it.
  • We may refuse, suspend or close any account at our discretion, including for suspected misuse.

3. Professional responsibility and no professional advice (important)

  1. Auditmann is a tool, not an auditor, accountant, tax adviser or legal adviser. It does not provide audit, assurance, attest, tax, legal or any other professional advice or opinion, and nothing it produces is one.
  2. Outputs are drafts. Financial statements, schedules, TDS results, flags, mappings, calculations, summaries and any other output ("Outputs") are generated automatically from the data and settings you provide and may be incomplete, inaccurate or out of date. They may contain errors, including errors caused by automated or AI based processing.
  3. You must review everything. A qualified professional must independently verify every Output against source records and applicable law before relying on it, signing it, filing it, issuing it to a client or authority, or making any decision based on it.
  4. You remain fully responsible for your professional judgement, your audit and compliance work, your reports and certificates, filings with the Income Tax Department, MCA, GST or any authority, your duties to your clients, and compliance with the Chartered Accountants Act, 1949, ICAI standards and all other laws. Use of the Services does not shift any of that responsibility to us.
  5. We do not guarantee that Outputs comply with any Accounting Standard, Schedule III requirement, Income Tax Act provision, TDS rule or other law, or that they will be accepted by any authority, bank, auditor or client. Laws and forms change, and the Services may lag behind such changes.

4. Your data

  • You keep all rights in the data you upload or connect ("Your Data"). You give us a limited, non exclusive licence to host, copy, process and display it only to provide, secure and support the Services, and to create aggregated and anonymised statistics.
  • You promise that you have all rights, consents and authority to provide Your Data to us, including data about your clients, and that doing so does not breach any law, contract or duty of confidentiality.
  • You are responsible for the accuracy, quality and legality of Your Data and for keeping your own copies. We are not a backup or record keeping service. Keep original books and records as the law requires.
  • Our handling of personal data is described in the Privacy Policy.

5. Acceptable use

You must not, and must not let anyone else:

  • break the law or infringe anyone's rights, or upload data you have no right to use;
  • reverse engineer, decompile, scrape, copy, resell, sublicense or build a competing product from the Services;
  • attempt to bypass security, probe or test the Services, or overload or disrupt them;
  • upload malware or use bots, automated scripts or crawlers without our written permission;
  • use the Services to train or benchmark another software or AI system;
  • remove proprietary notices or misrepresent your relationship with us.

We may investigate suspected breaches and suspend or terminate access without notice or refund.

6. Our intellectual property

The Services, including the software, design, logos, text, workflows, models, templates and documentation, are owned by us or our licensors and protected by law. We grant you a limited, revocable, non exclusive, non transferable right to use the Services for your own internal business purposes during your subscription or trial. All rights not expressly granted are reserved. If you send us feedback or suggestions, you allow us to use them freely without payment or credit.

7. Trials, fees and payment

  • Free trials, if offered, are for evaluation only, may be limited in features, usage or time, and may end or change at any time.
  • Paid plans, prices and billing periods are shown when you subscribe. Fees are charged in advance, are exclusive of GST and other taxes unless stated, and are payable in Indian rupees unless stated otherwise.
  • Subscriptions renew automatically for the same period unless you cancel before the renewal date, as described in the Refund Policy.
  • You authorise us and our payment processors to charge the payment method you provide. If a payment fails we may suspend access until it is paid.
  • We may change prices on notice of at least 30 days. Continued use after the change means you accept it.
  • Except as the Refund Policy says, fees are non refundable.

8. Availability and support

We aim for reliable service but do not promise uninterrupted, timely, secure or error free operation. The Services may be unavailable because of maintenance, updates, third party failures (including Tally, hosting, telecom and payment providers) or events beyond our control. We will provide support by email, phone or chat during our normal business hours on a reasonable effort basis. No service level commitment applies unless we agree one in writing.

9. Third party services

The Services may work with third party products such as Tally, cloud providers and payment gateways. We do not control them, do not endorse them, and are not responsible for their availability, accuracy, terms, changes or data practices. Your use of them is at your own risk and subject to their terms.

10. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. We disclaim all warranties including merchantability, fitness for a particular purpose, accuracy, completeness, non infringement, quiet enjoyment, and any warranty arising from course of dealing or usage. We do not warrant that the Services will meet your requirements, that Outputs will be correct or accepted by any authority, that results will be achieved, or that defects will be corrected. Any statement on our website or in marketing, including that the Services will "change how you run your firm", is a general expression of intent and not a warranty or promise of any outcome.

11. Limitation of liability

  1. No indirect loss. To the fullest extent permitted by law, Auditmann, its directors, shareholders, employees, contractors, affiliates and licensors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive loss, or for loss of profit, revenue, business, goodwill, anticipated savings, clients or data, penalties, interest, fines, late fees, disallowances or demands raised by any authority, or professional negligence or disciplinary claims against you, however caused and even if we were told they were possible.
  2. Cap. To the fullest extent permitted by law, our total aggregate liability for all claims arising out of or relating to the Services or these Terms, whether in contract, tort (including negligence), statute or otherwise, will not exceed the fees you actually paid to us for the Services in the three (3) months immediately before the event giving rise to the claim, or INR 10,000 if you paid nothing.
  3. Reliance. You agree that these limits reflect a fair allocation of risk, that the fees reflect that allocation, and that we would not offer the Services without them. They apply even if a remedy fails of its essential purpose.
  4. Claim period. Any claim must be notified to us in writing within six (6) months after the cause of action arises, failing which it is waived to the extent the law allows.
  5. What is not excluded. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under Indian law, such as liability for fraud or wilful misconduct.

12. Indemnity

You will defend, indemnify and hold harmless Auditmann, its directors, shareholders, officers, employees, contractors and affiliates from and against all claims, demands, proceedings, losses, liabilities, penalties, damages, costs and expenses (including reasonable legal fees) arising out of or related to: (a) Your Data; (b) your use of the Services or Outputs, including any filing, report, certificate or advice you issue or any decision you or your clients make using them; (c) your breach of these Terms or of any law; (d) claims by your clients or any third party relating to your professional work; or (e) infringement of anyone's rights by Your Data. We may take control of the defence of any matter at your cost, and you will cooperate.

13. Suspension and termination

You may stop using the Services at any time and cancel as the Refund Policy describes. We may suspend or terminate your access immediately, with or without notice, if you breach these Terms, if payment is overdue, if required by law, or if we stop offering the Services. On termination your right to use the Services ends. You should export Your Data before closing your account, and we may delete it after the period stated in the Privacy Policy. Sections that by their nature should survive (including sections 3, 4, 6, 10, 11, 12, 14 and 15) will survive termination.

14. Governing law and disputes

  1. These Terms are governed by the laws of India, without regard to conflict of law rules.
  2. Informal resolution first. Please write to support@auditmann.com with details of any dispute. The parties will try in good faith to settle it within 30 days.
  3. Arbitration. If it is not settled, the dispute will be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by Auditmann with notice to you, or if you object, by mutual agreement or appointment by a court. The seat and venue will be New Delhi and the language English. The award is final and binding.
  4. Courts. Subject to the above, the courts at New Delhi have exclusive jurisdiction, including for interim relief.
  5. To the extent the law allows, claims must be brought only in your individual capacity and not as a class or representative action.

15. General

  • Entire agreement. These Terms, the Privacy Policy and the Refund Policy are the whole agreement and replace earlier discussions and marketing material.
  • Changes. We may update these Terms. We will post the new version with a new effective date and, for material changes, give notice on the site or by email. Using the Services after the change means you accept it.
  • Notices. We may give notice by email, in the application or on the website. You may write to support@auditmann.com.
  • Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or a successor to our business.
  • Severability and waiver. If a provision is unenforceable, it is limited to the minimum extent needed and the rest continues. A delay in enforcing a right is not a waiver.
  • Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including natural events, epidemics, war, strikes, government action, power, internet or telecom failures, cyber attacks and failures of third party providers.
  • Relationship. No partnership, agency, employment or fiduciary relationship exists between you and us.
  • Electronic contract. These Terms are an electronic record under the Information Technology Act, 2000 and need no physical signature.
  • Contact. Booksmann Private Limited, 49, DDA Site 1, M Block, New Rajender Nagar, Delhi 110060. Email: support@auditmann.com. Phone: +91 84481 18836.