LIghtbooks

Terms of Service

Effective Date: 1st July 2024

Welcome to Lightbooks!

Effective from 1st July 2024, this Master Service Agreement (“MSA”) governs your use of software, platforms, applications, and related services provided by Lightbooks Technologies Private Limited (“Lightbooks”). It applies to all services offered via Lightbooks’ websites, mobile apps, and software products that reference this Agreement. The MSA is binding on individuals and organizations (“you” or “your”) accessing or using the Services. By using the Services, you acknowledge that you have read, understood, and agreed to the terms, including obligations, rights, and limitations set forth herein.

Acceptance of the Agreement

  • Creating an account on or through the Service or any Lightbooks-operated website.
  • Clicking a box or button indicating acceptance.
  • Executing or signing an order form, invoice, or other commercial document that references this Agreement.
  • Signing this Agreement, whether electronically or physically.

Additional Terms

When using certain Services, you may be subject to additional terms, conditions, rules, or guidelines. You agree not to use such Services unless you have reviewed and accepted those terms. In case of conflict between this Agreement and additional terms, the latter shall prevail for that specific Service.

Related Policies

This Agreement is effective between you (“Customer”) and Lightbooks from the date on which you accept it in accordance with the above methods of acceptance.

1. Definitions

For the purposes of this Agreement, the following terms shall have the meanings assigned to them below:

  • Additional Support Services: Services described in Section 5.1.3 of this Agreement.
  • Affiliate(s): Any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control” means ownership or control of more than 50% of voting interests.
  • Agreement: This Master Service Agreement.
  • Authorised User: Any individual authorised by the Customer to access or use the Service. If the Customer is an individual, it includes the Customer themself.
  • Bench: The software available at https://github.com/Lightbooks/bench.
  • Bug: Any issue in the ERP software causing crashes or invalid output. Does not include intended outcomes, absence of features, or outputs conforming to Documentation.
  • Commercially Reasonable: Actions in good faith, in line with industry standards, with reasonable efforts.
  • Consulting Hours: Defined in Section 2.6.
  • Core ERP Feature(s): Standard features available in ERP without modifications.
  • Core ERP Modules: Standard modules in unmodified ERP releases, including Accounts, Assets, Buying, CRM, HR, Projects, Quality Management, Selling, Stock, and Support.
  • Core Support Services: Defined in Section 5.1.1.
  • Customer: An individual or legal entity accepting this Agreement.
  • Customised Features: Defined in Section 6.2.1.1.
  • Dedicated Hosting: Defined in Section 4.3.
  • Documentation: All information available at https://docs.lightbooks.io/, including guides, tutorials, help files, policies, and procedures.
  • ERP: Software titled “ERP” and its components, including Core ERP Modules, distributed under GNU GPL v3 or other licenses specified by Lightbooks.
  • Lightbooks ERP Expert: Representative appointed by the Customer as per Section 3.5.
  • ERP Experts: Supporters of ERP’s official proprietary source repository.
  • lightbooks.io: Website and online services at https://lightbooks.io/.
  • Lightbooks: Lightbooks Technologies Private Limited, incorporated under the Companies Act, 2013, India.
  • Lightbooks-Hosted: Defined in Section 4.1.
  • Host / Hosted / Hosting: Storage or processing of data related to an Instance.
  • Instance: One ERP installation/configuration per website; additional websites/subdomains count separately.
  • Limited Support Services: Defined in Section 5.1.2.
  • Module: ERP component providing distinct business functionality.
  • MSA: This Master Service Agreement.
  • Order Form: Any ordering document executed between Lightbooks and the Customer specifying Services.
  • Order Terms: Additional terms applicable to Services via Order Form, Annexures, Service-Specific Agreements, or Annexures to this Agreement.
  • Our / Us / We: Lightbooks.
  • Privacy Policy: As described in the Introduction.
  • Reporting Security Vulnerabilities: As described in the Introduction.
  • Self-Hosted: Defined in Section 4.1.
  • Server: Any physical or virtual machine/device hosting ERP Instances.
  • Service(s): Defined in the Introduction.
  • Service Level Agreement (SLA): Document described above.
  • Service-Specific Agreement: Additional terms for certain Services.
  • Shared Hosting: Defined in Section 4.3.
  • SSH: Defined in Section 3.6.3.
  • Subscriber: User holding an active paid subscription.
  • Support Services: Defined in Section 5.1.
  • Term: Defined in Section 17.1.
  • Trademark Use Policy: Document described in the Introduction.
  • Trial: Access to Services on a trial/evaluation basis.
  • Users: Authorised Users and Lightbooks ERP Experts.
  • Website: lightbooks.io and other Lightbooks websites referencing this Agreement.
  • Work Hours: Hours specified in the SLA or Order Terms.
  • You / Your: The Customer, as defined above.

2. Access and Use of Service

  • ERP Licence: ERP is provided under the GNU General Public License v3.0 (GPLv3). This Agreement governs the provision of related Services and does not transfer ownership of ERP itself.
  • Services Provided: Subject to compliance with this Agreement and Order Terms, Lightbooks provides:
    • Access to and use of Lightbooks ERP Services as subscribed.
    • Implementation, configuration, and training support (where applicable).
    • Hosting of ERP Instances if Lightbooks-Hosted Services are opted.
    • Ongoing maintenance, bug investigation, and upgrades.
    • Other consulting and ancillary services mutually agreed under an Order Form.
  • Scope of Use:
    • Each subscription allows one ERP Instance per domain/sub-domain unless specified otherwise.
    • Usage limits (storage, database size, bandwidth, API calls) may apply per hosting plan or Order Terms.
    • Customers must not circumvent usage limits. Lightbooks may monitor usage and act on breaches.
  • Authorised Users:
    • Services may only be accessed by Authorised Users.
    • Customers are responsible for ensuring Authorised Users comply with this Agreement; any breach is deemed a breach by the Customer.
  • Instances:
    • One Instance refers to one ERP installation/configuration per domain/sub-domain.
    • Additional Instances require separate subscriptions unless agreed otherwise.
  • Consulting Hours:
    • Purchased blocks of time for additional services beyond Core Support Services.
    • Billed at rates in the Order Form; minimum consumption of 30 minutes per request.
    • Valid for 12 months from purchase and non-refundable.
  • Trial Use:
    • Access may be offered at Lightbooks’ discretion for evaluation purposes.
    • Trials are time-, feature-, and support-limited.
    • Customer must purchase a subscription or discontinue use at trial end.
  • Upgrades and Maintenance:
    • Lightbooks may update, enhance, or modify ERP or Services.
    • Reasonable notice is given for significant changes; minor changes or bug fixes may be deployed without notice.
    • Access may be temporarily unavailable during maintenance, scheduled outside normal Work Hours where possible.
  • Restrictions on Use: Customers shall not:
    • Rent, lease, resell, distribute, or make Services available to third parties unless expressly permitted.
    • Modify, adapt, reverse engineer, or attempt to derive proprietary source code.
    • Store/transmit material infringing IP rights or unlawful, obscene, offensive, or objectionable content.
    • Interfere with or disrupt Service integrity, performance, or security.
    • Attempt unauthorised access to any part of Services or related systems.
  • Suspension of Services: Lightbooks may suspend or limit access if:
    • The Customer breaches this Agreement or fails to pay fees.
    • Customer use poses a security or operational risk.
    • Required to comply with law, government order, or regulatory requirement.
  • Availability:
    • Services are provided in accordance with the SLA, subject to maintenance downtime.
    • No guarantee for uninterrupted access during upgrades, emergency maintenance, or events beyond Lightbooks’ control (including force majeure).

3. Customer Responsibilities

  • Compliance with Agreement: Customer shall use Services in accordance with this Agreement, Order Terms, and applicable laws.
  • Account Information:
    • Ensure all registration and account details are complete, accurate, and up to date.
    • Maintain confidentiality of account credentials.
    • Liable for all activities under their accounts, authorised or unauthorised.
  • Payment Obligations: Ensure timely payment of all fees, charges, and taxes as specified in this Agreement and Order Form.
  • Lightbooks ERP Expert:
    • Appoint a representative as primary liaison with Lightbooks.
    • Representative authorised to make binding decisions and approvals.
    • Communicate appointment in writing and update any changes promptly.
  • Access Rights:
    • Provide Lightbooks necessary access to systems, servers, databases, or networks.
    • Lightbooks not responsible for delays or non-performance if access is restricted.
  • Use of Services:
    • Use Services only for lawful business purposes.
    • Do not engage in abusive, fraudulent, or illegal activities.
    • Do not transmit viruses, malware, or harmful code.
    • Do not attempt unauthorised security or penetration testing without prior written consent.
  • Backups:
    • Lightbooks provides backups for Lightbooks-Hosted Services per Hosting Policy and SLA.
    • Customer responsible for backups in Self-Hosted Services.
    • Lightbooks not liable for data loss due to Customer’s failure to maintain backups.
  • Third-Party Software and Services:
    • Ensure compliance with terms of third-party applications or services integrated with ERP.
    • Lightbooks not liable for disruptions or damages from third-party integrations.
  • Indemnity: Customer agrees to indemnify and hold Lightbooks harmless against claims, damages, or liabilities arising from misuse of Services, breaches, or violation of third-party rights.

4. Hosting Options

  • Hosting Models:
    • Lightbooks-Hosted: Instances hosted on Lightbooks-managed infrastructure.
    • Self-Hosted: Instances installed and managed by Customer on their own servers or cloud.
  • Customer’s Choice of Hosting:
    • Select hosting model at subscription or as specified in Order Form.
    • Migrations between hosting models are subject to additional fees and timelines.
    • Customer bears migration costs unless otherwise agreed in writing.
  • Hosting Types under Lightbooks-Hosted:
    • Shared Hosting: Multiple Customers share server resources.
    • Dedicated Hosting: Infrastructure exclusively provisioned for Customer.
    • Lightbooks determines hosting type suitability based on Customer requirements.
  • Lightbooks Responsibilities:
    • Maintain hosting infrastructure per SLA.
    • Provide backups according to Hosting Policy.
    • Take commercially reasonable measures for availability, performance, and data security.
  • Customer Responsibilities for Self-Hosted Instances:
    • Maintain hardware, OS, databases, firewalls, and related infrastructure.
    • Implement and monitor backup and disaster recovery mechanisms.
    • Ensure sufficient security, including patching and updates.
    • Provide necessary access for support services if required.
  • Access and Connectivity:
    • Customer responsible for internet connectivity, VPNs, firewalls, and other access mechanisms.
    • Lightbooks not liable for disruptions due to Customer-side connectivity issues.
  • Hosting Location:
    • Instances may be hosted in India or internationally, based on availability and infrastructure.
    • Commercially reasonable efforts to inform Customer of hosting location where legally required.
    • Cross-border data transfers may occur as required, subject to applicable laws.
  • Suspension of Hosting: Lightbooks may suspend hosting for non-payment, breach of Customer responsibilities, hosting activities affecting stability/security, or legal/regulatory requirements.

5. Support Services

  • Types of Support:
    • Core Support Services:
      • Investigation and resolution of Bugs
      • Fixes and updates released in ERP public releases
      • Technical support for performance issues directly related to ERP
      • Assistance in upgrading to new ERP versions released by Lightbooks
    • Limited Support Services:
      • General guidance on ERP usage, configuration, or administration
      • Support requests requiring up to 30 minutes of effort to resolve
      • Clarifications regarding ERP features and Documentation
    • Additional Support Services:
      • Activities beyond Core and Limited Support Services
      • Services requiring extended analysis, configuration, development, or customisation
      • Services specified in the Order Form or mutually agreed in writing
      • Charged separately on a Consulting Hours basis
  • Eligibility for Support:
    • Only active Subscribers with valid subscriptions are eligible
    • Support available only for official ERP releases on supported Linux distributions
    • Lightbooks may limit or refuse support if ERP source code is modified or third-party modules installed
  • Support Channels and Hours:
    • Provided via channels specified in SLA
    • Available during Work Hours unless otherwise agreed
    • No obligation for on-site support unless agreed in writing
  • Exclusions:
    • Training except under Consulting Hours
    • Support for third-party apps not provided by Lightbooks
    • Resolution of issues caused by Customer negligence, misuse, or unauthorised modifications
    • Issues not reproducible in standard ERP release maintained by Lightbooks
  • Customer Obligations for Support:
    • Provide complete, accurate, and timely information for support requests
    • Raise requests only through designated ERP Expert
    • Provide Lightbooks access to servers, logs, and systems
    • Implement recommended fixes, patches, or updates in a timely manner
  • Response Times: Lightbooks shall use commercially reasonable efforts to respond per SLA; resolution may vary depending on issue complexity and Customer cooperation.

6. Development, Customisation & Consultation

  • Scope of Services: Development, customisation, training, and consultation may be provided upon Customer request and mutual agreement, governed by this Agreement and Order Terms.
  • Customised Features:
    • Ownership:
      • Customised Features remain exclusive IP of Lightbooks
      • Lightbooks may incorporate features into standard ERP distribution
      • Customer receives non-exclusive, non-transferable licence for ERP Instance use
    • Compatibility:
      • No guarantee that Customised Features remain compatible with future ERP releases
      • Required modifications for compatibility billed as new development
  • Consulting Hours:
    • Charged against purchased Consulting Hours per Section 2.6
    • Billed as per Order Form rates
    • Additional work requires advance purchase of extra hours
  • Training Services:
    • Provided on-site or remote as mutually agreed
    • Billed separately unless covered under purchased Consulting Hours
    • Customer ensures adequate personnel participation and necessary facilities
  • Customer Responsibilities:
    • Specify development/customisation requirements in writing
    • Provide timely approvals, access, and cooperation
    • Test and validate deliverables after deployment
    • Acknowledge delays caused by Customer may affect delivery timelines
  • Delivery Timelines:
    • Lightbooks will use commercially reasonable efforts to meet mutually agreed timelines
    • Timelines are estimates unless expressly agreed in writing
  • Third-Party Dependencies:
    • Customer responsible for procuring/maintaining required third-party software, APIs, or services
    • Lightbooks not liable for delays or failures due to third-party dependencies

7. Payments and Refunds

  • Payment Obligations:
    • Pay all fees and charges for Services, Subscriptions, Consulting Hours, or Customisation as per Order Form
    • Payments in INR unless stated otherwise
    • Timely payment required; non-payment may result in suspension or termination of Services
  • Payment Methods:
    • Bank transfer, cheque, DD, NEFT/RTGS/IMPS, UPI, debit/credit card, or other accepted modes
    • Cheque payment date deemed as clearance date
    • All processing charges borne by Customer
  • Taxes:
    • Fees exclusive of GST and other applicable taxes
    • Customer responsible for paying taxes in addition to fees
    • Customer must provide TDS certificate if applicable
  • Invoicing:
    • Invoices issued as per Order Form
    • Invoices deemed accepted unless disputed within 7 working days
    • No withholding or delay of payment on undisputed invoices
  • Late Payments:
    • Interest at 18% p.a. (or max permissible) on delayed amounts
    • Persistent delays (greater than 30 days) may result in suspension or termination
  • Refunds:
    • Refunds only as per Agreement and Order Form
    • No refunds for delivered/consumed Services, utilised Consulting Hours, commenced Customisation, or termination due to Customer breach
    • Applicable refunds calculated pro-rata for unused Services
  • Chargebacks:
    • Prohibited; treated as material breach
    • Lightbooks may suspend Services and recover dues
  • Expenses:
    • Customer reimburses reasonable out-of-pocket expenses incurred for Services
    • Billed at actuals with next invoice
  • Right to Refuse Service:
    • Lightbooks may refuse/discontinue Services for delayed payment, misuse, or suspected fraud
    • Refunds processed as per Clause 7.6
  • Limitation on Transactions:
    • Lightbooks may limit max transaction value, number of transactions, or payment modes to comply with RBI regulations or internal risk policies
  • Recovery of Dues:
    • Legal proceedings, collection agencies, or adjustments may be used for non-payment
    • All legal and recovery costs recoverable from Customer

8. Intellectual Property Rights

  • Ownership of IP:
    • All IP in Services, Software (ERP), Website, and content remains property of Lightbooks or licensors
    • No ownership transfer to Customer except limited rights granted
  • Customer’s Limited Rights:
    • Non-exclusive, non-transferable, non-sublicensable licence for internal use
    • No rights to copy, modify, sublicense, rent, resell, distribute, or remove proprietary notices
  • ERP Rights:
    • ERP software and Core Modules licensed under GPLv3 or other specified licence
    • All modifications, improvements, or enhancements by Lightbooks remain property of Lightbooks
    • Customer shall not claim ownership over ERP or derivative works
  • Customized Features:
    • Features/modules/add-ons developed for Customer remain IP of Lightbooks unless explicitly transferred
    • Licensed for internal use as per ERP licensing or Order Form
    • No ownership claim allowed even if developed based on Customer specifications
  • Trademarks:
    • "Lightbooks", "Lightbooks ERP", and related marks are trademarks of Lightbooks
    • Customer may not use trademarks without prior written consent except as permitted under Trademark Use Policy
    • Goodwill from authorised use accrues exclusively to Lightbooks
  • Customer’s Intellectual Property:
    • All data/content uploaded by Customer remains their property
    • Customer grants Lightbooks limited licence to host, process, transmit, and display data to provide Services
    • Lightbooks acquires no ownership rights over Customer data/content
  • Feedback and Suggestions:
    • Lightbooks may use, adapt, implement Customer feedback without obligation of attribution or compensation
    • All IP in resulting improvements/enhancements vests solely with Lightbooks
  • Infringement Claims:
    • Lightbooks may procure rights, replace/modify Service, or terminate Service with refund for unused portion if infringement occurs
    • No liability for infringement due to outdated versions, unauthorised modifications, or use beyond permitted scope
  • Reservation of Rights: All rights, titles, and interests in Services, ERP, Documentation, and IP remain exclusively with Lightbooks except the limited licence granted to Customer.

9. Disputed Accounts

  • Ownership of Data in Paid Subscriptions:
    • Data ownership vests with the entity in whose name the invoice is issued
    • Being account holder or administrator alone does not confer ownership
  • Disputes Regarding Account Ownership:
    • Customer must provide valid documentation to establish ownership
    • Acceptable proofs: Certificate of Incorporation, GST/MSME/Shop & Establishment registration, partnership/LLP deeds, other government-issued documents
    • Unregistered sole proprietorship: account retained by valid login holder
    • Lightbooks may freeze access and re-issue credentials to legally recognised owner where verifiable via government portals
  • Costs Associated with Ownership Disputes:
    • All administrative, legal, courier, verification, and incidental costs borne by party seeking ownership
    • Lightbooks not liable for costs, delays, or business losses from disputes
  • Court, Government, or Law Enforcement Orders:
    • Freeze disputed account upon valid order
    • Maintain data until instructions received under due process of law
    • Lightbooks acts strictly under Indian law; not liable for business loss
  • Data Security During Dispute:
    • Parties should decide responsibility for subscription fees at dispute commencement
    • Non-payment may lead to account suspension/termination and potential data deletion
    • Lightbooks not responsible for loss/deletion/corruption from non-payment during disputes

10. Warranty Disclaimer and Limitation of Liability

  • Warranty Obligations of Lightbooks:
    • Bug-fix support and other Support Services provided strictly per Agreement and Order Terms
    • Warranties limited to scope expressly provided; no additional or implied warranties
  • Disclaimer of Warranties:
    • All Services, ERP software, Documentation, and deliverables provided “as is” and “as available”
    • Disclaims implied warranties of merchantability, fitness for purpose, non-infringement, or arising from trade usage/custom
    • No guarantee of uninterrupted, error-free, or completely secure Services
    • No guarantee Customized Features meet expectations or timing/Consulting Hours
    • No guarantee of compatibility with unsupported hardware/software/integrations
  • Limitation of Liability:
    • No liability for direct, indirect, incidental, consequential, punitive, or exemplary damages, including business/revenue/profit loss, goodwill loss, data loss, downtime, or substitute service costs
    • Applies regardless of legal theory (contract, tort, negligence, strict/product liability)
  • Cap on Liability:
    • Total cumulative liability capped at total amount paid by Customer in the 12 months preceding incident
    • No liability for providing substitute Services
  • Exclusive Remedies:
    • Re-performance or re-delivery of deficient Service
    • If not possible, termination of affected Service with pro-rata refund for unexpired subscription
  • Essential Basis of Agreement:
    • Pricing reflects risk allocation and liability limitations
    • Disclaimers and limitations form essential basis of bargain
    • Without such disclaimers/limitations, Services could not be provided at agreed fees

11. Confidentiality

  • Definition of Confidential Information:
    • Non-public information disclosed by one party to the other, whether oral, written, electronic, or otherwise
    • Includes Services, ERP, Documentation, business plans, financials, customer lists, pricing, trade secrets, technical know-how, source code, development plans, terms/invoices/templates
    • Excludes information that is public, already known, obtained lawfully from third parties, or independently developed
  • Obligations of the Receiving Party:
    • Use Confidential Information only for performing obligations or exercising rights under this Agreement
    • Protect using same degree of care as its own confidential info (at minimum, reasonable industry standard)
    • Restrict disclosure to employees, contractors, or advisors with strict need-to-know, bound by similar confidentiality obligations
  • Disclosure to Group Entities and Subcontractors:
    • Lightbooks may disclose Confidential Information to its group companies, affiliates, subsidiaries, or subcontractors engaged for Services
    • Recipients must be bound by confidentiality obligations similar to this Agreement
  • Compelled Disclosure:
    • If required by law, regulation, government order, or court, the Receiving Party shall provide prior notice if legally permissible
    • Assist Disclosing Party at its cost to contest/limit disclosure
    • Disclose only the legally mandated portion
  • Return or Destruction of Confidential Information:
    • Upon termination, expiry, or request, promptly return or securely destroy all Confidential Information
    • May retain copies for legal compliance, audits, or archival purposes, subject to continuing confidentiality
  • Duration of Confidentiality Obligations:
    • Three years from termination/expiry, except trade secrets and source code which are protected indefinitely until public
  • Remedies:
    • Unauthorized disclosure/misuse may cause irreparable harm
    • Disclosing Party entitled to injunctive relief, specific performance, and equitable remedies under Indian law

12. Modifications

  • Modifications to this Agreement:
    • Lightbooks may modify/amend/update the Agreement; published on official website with last update date
    • Generally effective 14 days after publication, except immediate legal/feature corrections
    • Customer responsible for reviewing periodically; continued use constitutes acceptance
  • Modifications to Services:
    • Lightbooks may add, remove, or modify features anytime without prior notice
    • May levy additional fees for new features/services
    • May revise/delete content, templates, or Documentation without notice
  • Discontinuation of Services:
    • Lightbooks may discontinue any ERP module/version/part
    • ERP core system not discontinued during active Order Form
    • Existing subscriptions remain valid until expiry; renewals not allowed if discontinued
    • Discontinuation of parts/features does not affect other Services
  • Modification of Fees or Prices:
    • Lightbooks may revise prices or charge for previously free Services at any time
    • Active Order Form fees unaffected; new/renewed Orders subject to revised pricing
  • Customer Rights in Case of Adverse Modification:
    • If modification materially affects Customer rights, Customer may object in writing within 30 days to legal@lightbooks.io
    • Lightbooks may offer alternate resolution or permit termination with pro-rata refund for unexpired subscription

13. Indemnification

  • Indemnification by Customer:
    • Customer shall indemnify Lightbooks and affiliates for claims arising from:
      • Unauthorised access or misuse of Services/ERP via Customer credentials
      • Breach of this Agreement, Order Terms, or policies
      • Violation of Indian laws (IT Act, Contract Act, IP laws, GST, data protection)
      • Excessive use or misuse (API abuse, server load, prohibited content)
      • Gross negligence, wilful, or unlawful conduct by Customer or affiliates
  • Exclusions from Customer’s Indemnity: Not liable for claims solely due to Lightbooks’ gross negligence, wilful misconduct, or breach.
  • Indemnification by Lightbooks: Lightbooks shall indemnify Customer for:
    • Third-party claims of infringement of Indian IP rights due to authorized use of Services
    • Wilful misconduct or gross negligence by Lightbooks
  • Exclusions from Lightbooks’ Indemnity: Not liable for claims due to Customer modifications, misuse, outdated versions, or unapproved third-party integrations.
  • Indemnification Procedure: Indemnified party must notify in writing; indemnifying party controls defense, indemnified may participate at own expense, no settlement without consent.
  • Exclusive Remedy: Section 13 sets the sole and exclusive remedy and liability for indemnified matters.

14. Non-Solicitation

  • Non-Solicitation of Personnel: During Agreement term + 12 months, no solicitation or hiring of the other party’s employees, consultants, or contractors without prior written consent.
  • Permitted Recruitment:
    • General recruitment via public channels not specifically targeting other party’s personnel
    • Voluntary applications from employees/consultants without direct solicitation
  • Consequences of Breach: Liquidated damages equal to 6 months of last drawn salary/fees; acknowledged as genuine pre-estimate, not penalty.
  • Non-Solicitation of Customers: Customer shall not solicit other Lightbooks’ customers to divert them for 12 months post-Agreement.
  • Fair Business Practice: Clause protects legitimate interests; does not restrict lawful business not involving targeted solicitation.

15. Age and Competence

  • Legal Competence: Customer affirms legal capacity under Indian law to enter this Agreement; authorised individuals bind their entities.
  • Age Requirement: Services not for individuals under 18; minors prohibited from use; guardians responsible for violations.
  • Organisations and Entities: Individuals accepting Agreement on behalf of entity warrant full authority; entity bound as “Customer”.
  • Restriction on Competitors: Direct competitors or similar product developers cannot access Services without prior written consent; no benchmarking, testing, or competitive analysis.

16. Term and Termination

  • Term of Agreement: Effective on acceptance; remains until termination or expiry of all Order Forms; continues for active subscriptions subject to renewal.
  • Term of Order Forms: As specified; auto-renew unless 30-day non-renewal notice; promotional prices not applicable for renewal.
  • Termination by Customer:
    • For Cause – 30-day notice for uncured material breach (Sections 4,5,6)
    • Insolvency of Lightbooks – immediate
    • Without Cause – 45-day notice via legal@lightbooks.io
  • Termination by Lightbooks:
    • For Cause – 30-day notice for uncured breach
    • Insolvency of Customer – immediate
    • Payment Default – immediate
    • Without Cause – 45-day notice
  • Effect of Termination:
    • All Order Forms, Services, subscriptions terminate
    • Customer pays all outstanding dues pro-rata
    • Lightbooks retains Customer data for 180 days; Customer responsible for backup
  • Refunds upon Termination:
    • Customer termination for cause – pro-rata refund
    • Lightbooks termination without cause – pro-rata refund
    • No refund for consumed Consulting Hours, Customer breach, or voluntary termination without cause
  • Survival of Certain Clauses: Sections 8,10,11,13,14,18.9, and other provisions intended to survive remain effective for 3 years (or longer if required by law).

17. General Provisions

  • Entire Agreement: This Agreement, Order Forms, SLAs, and referenced policies constitute the full agreement; supersedes all prior discussions.
  • Third-Party Websites, Apps, or Services: Use of third-party integrations is at Customer’s risk; Lightbooks is not responsible for third-party content or services.
  • Severability: Invalid provisions are severed; remaining provisions continue; Parties shall negotiate valid replacement clauses.
  • Force Majeure: Neither Party liable for delays due to events beyond reasonable control (natural calamities, war, strikes, regulatory changes, cyberattacks); performance suspended; termination allowed after 60 days with payment of accrued dues.
  • Assignment: No transfer without prior written consent; permitted for affiliates/acquirers/successors; Lightbooks may terminate if Customer controlled by direct competitor.
  • Waiver: Failure or delay to exercise a right does not waive it; waivers must be in writing.
  • Third-Party Beneficiaries: Agreement solely benefits the Parties; no third-party rights or obligations.
  • Relationship of Parties: Independent contractors; no partnership, joint venture, agency, or employment relationship.
  • Arbitration, Governing Law, and Jurisdiction:
    • Best efforts for amicable resolution first
    • Arbitration under Arbitration and Conciliation Act, 1996; sole arbitrator by mutual consent; seat in Mumbai; proceedings in English
    • Governing law: India; exclusive jurisdiction: courts at Mumbai, Maharashtra
  • Interpretation: Singular/plural, gender references, statute references, headings, and “including” interpretations specified.
  • Supersession: Supersedes prior agreements or MOUs on the subject matter.
  • Notices: Written notices to Lightbooks Legal Department (legal@lightbooks.io) or Customer address/email in Order Form; email deemed delivered upon successful transmission; courier/post within 7 business days.

18. Contact Information & Grievance Redressal

  • Registered Office of Lightbooks: Plot No. 1-63-3/16, Kavuri Hills, Ext. Road No. 36, Kakatiya Hills, Hyderabad, Telangana – 500081, India.
  • General Contact:
    • Email (Support): support@lightbooks.io
    • Website: https://lightbooks.io
  • Grievance Officer:
    • Name: Murali Gottumukkala
    • Designation: Grievance Officer
    • Email: info@lightbooks.io
    • Contact: +91-9676051079
    • Working Hours: Monday to Friday, 10:00 AM – 6:00 PM (IST)
  • Procedure for Filing a Grievance:
    • Submit written complaint via email/post
    • Include name, contact, address, grievance description, relevant documents, and references to violated provisions/laws
    • Grievance Officer acknowledges receipt within 24 hours; redresses within 15 days or as permissible by law
  • Escalation: Unresolved grievances can be escalated to Nodal Officer / Compliance Officer; details provided on request.
  • Law Enforcement and Government Authorities: Lightbooks cooperates with law enforcement/regulators in India upon valid legal requests in compliance with applicable law.