TERMS OF SERVICE
AGREEMENT TO TERMS
We are Binari Software ("Company," "we," "us," "our"), a company registered in India at Survey No 81/5/1/2, Office No:309, Floor No:3, Runwal Arcade, Warje, Pune, Maharashtra 411058.
We operate the website https://www.novuscompliance.com (the "Site"), and provide FATCA/CRS reporting software and related services (collectively, the "Services").
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Binari Software, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
The Services are intended for users who are at least 18 years of age. Persons under the age of 18 are not permitted to use or register for the Services.
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.
2. REGULATORY REGISTRATION & COMPLIANCE DISCLAIMER
2.1 Client Responsibility for Registration The User acknowledges that they constitute a "Reporting Financial Institution" (RFI) under applicable Indian and International laws. It is the sole responsibility of the User to: (a) Register with the Indian Income Tax Department's Reporting Portal (Insight Portal); (b) Generate and maintain a valid ITDREIN (Income Tax Department Reporting Entity Identification Number) for Form 61B; and (c) Appoint a "Designated Director" with a valid Digital Signature Certificate (DSC) for signing returns. Binari Software (Novus Compliance) does not provide an ITDREIN and cannot file returns on behalf of unregistered entities.
2.2 Scope of Service (Software Only) The Service provided by Binari Software is limited to the processing of data and generation of XML reports compliant with the schemas provided by the CBDT (Central Board of Direct Taxes). The Service does not constitute: (a) Legal or Tax Advisory; (b) Legal Representation before tax authorities; or (c) The act of filing. The actual submission of the generated report to the government portal is the sole responsibility of the User.
2.3 Accuracy of Filings While Binari Software ensures the technical validity of the XML files generated (schema validation), the accuracy, completeness, and truthfulness of the financial data entered into the system is the sole responsibility of the User. Binari Software is not liable for rejections, inquiries, or penalties arising from incorrect data provided by the User.
2.4 Non-Agency Usage of this software does not create an Agent-Principal relationship between Binari Software and the User for tax purposes. We are a technology provider, not a tax intermediary.
3. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, text, and graphics (the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws in India and around the world.
Your Use of Our Services Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services solely for your internal business compliance purposes. You may not reproduce, reverse-engineer, or exploit the Services for any commercial purpose (such as resale) without our express prior written permission.
Your Data We claim no intellectual property rights over the financial data you upload to the Service. You retain all rights to your data. However, you grant us a limited license to access, store, and process this data solely for the purpose of providing the Services to you (generating reports) and for troubleshooting.
4. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you have the legal capacity and you agree to comply with these Legal Terms; (3) you are not a minor in the jurisdiction in which you reside; (4) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; and (5) your use of the Services will not violate any applicable law or regulation.
5. PURCHASES, PAYMENT, AND CANCELLATION
Payment: We accept major credit cards and online payment methods. You agree to provide current, complete, and accurate purchase and account information. You agree to pay all charges at the prices then in effect for your purchases and any applicable taxes (including GST).
Subscriptions: Your subscription will automatically renew at the end of each billing cycle unless canceled. You consent to our charging your payment method on a recurring basis.
Cancellation & Refunds: You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. All purchases are non-refundable.
6. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:
-
Systematically retrieve data from the Services to create a collection, compilation, database, or directory.
-
Circumvent, disable, or otherwise interfere with security-related features of the Services.
-
Engage in unauthorized framing of or linking to the Services.
-
Upload or transmit viruses, Trojan horses, or other material that interferes with the use of the Services.
-
Decipher, decompile, disassemble, or reverse engineer any of the software comprising the Services.
-
Use the Services to complete a competitive analysis or build a product that competes with Novus Compliance.
7. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://www.novuscompliance.com/privacy-policy/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. You acknowledge that the Services are hosted in India.
8. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to, in our sole discretion and without notice, deny access to and use of the Services to any person for breach of any representation, warranty, or covenant contained in these Legal Terms. We may terminate your use or participation in the Services or delete your account at any time, without warning, in our sole discretion.
9. MODIFICATIONS AND INTERRUPTIONS
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime.
10. GOVERNING LAW AND DISPUTE RESOLUTION
These Legal Terms shall be governed by and defined following the laws of India. Binari Software and yourself irrevocably consent that the courts of Pune, Maharashtra shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
11. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT. WE ASSUME NO LIABILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY FINANCIAL INFORMATION STORED THEREIN, OR (3) ANY BUGS OR VIRUSES WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES.
12. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Legal Terms; (3) your violation of the rights of a third party; or (4) any overt harmful act toward any other user of the Services.
14. USER DATA AND BACKUPS
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data.
15. ELECTRONIC COMMUNICATIONS
You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
16. MISCELLANEOUS
These Legal Terms constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services.
17. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Binari Software Survey No 81/5/1/2, Office No:309, Floor No:3 Runwal Arcade, Warje, Pune, Maharashtra 411058 India Phone: +91 8888484178 Email: contact@novuscompliance.com