Siddhi Terms of Use 

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND FALCA E-SOLUTIONS PVT. LTD. (hereinafter “Falca”) GOVERNING YOUR USE OF SIDDHI POS SOFTWARE (hereinafter “Service(s)”)”.  

PLEASE READ THE FOLLOWING TERMS OF SERVICE (the “TERMS”) CAREFULLY BEFORE USING THE SERVICE. 

 

Acceptance of the Terms 

To utilize our Services, you must be of legal age to enter into a binding agreement and agree to our Terms. If you do not consent to these Terms, refrain from using any of our Services.  

You can signify your acceptance of the Terms by checking a checkbox, clicking on a button indicating agreement, or by actively engaging with our Services. 

 

Description of Service 

Siddhi is an innovative cloud-based point of sale (POS) solution tailored for retail businesses. It facilitates the smooth management of day-to-day operations such as billing, sales, purchases, and inventory. 

Siddhi empowers retailers to efficiently oversee their operations across various platforms, including in-store, online, and mobile applications. 

 

Subscription to Beta Service 

We may introduce certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for testing and evaluation purposes. By using Beta Services, you acknowledge that we have the sole authority to determine the duration of the testing and evaluation period.  

We reserve the exclusive right to evaluate the success of such testing and make decisions regarding the commercial offering of the Beta Services. Your participation in Beta Services does not create an obligation to subscribe to any paid Service. We reserve the right to fully or partially discontinue any Beta Services, temporarily or permanently, with or without prior notice.  

You agree that Falca will not be liable to you or any third party for any damages related to, arising from, or caused by the modification, suspension, or discontinuation of any Beta Services for any reason. 

 

Modification of Terms of Service 

We reserve the right to modify the Terms at any time, with notice provided to you through a service announcement or by updating the terms on the designated page. If the modified Terms substantially affect your rights regarding the use of the Services, you may terminate your usage by notifying Falca via email.  

Continued use of the Service after the effective date of any changes to the Terms implies your acceptance of the modified Terms. 

 

User Sign up Obligations 

To access or use the Services, you must register for a user account and provide all required information. If you are representing an organization and intend to use the Services for internal corporate purposes, we advise you and all other users from your organization to sign up for user accounts using corporate contact details, preferably corporate email addresses. By signing up, you agree to: a) provide accurate, current, and complete information about yourself as prompted during the registration process; and b) promptly update this information to ensure its accuracy and completeness.  

If you provide false, inaccurate, outdated, or incomplete information, or if Falca has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Falca reserves the right to terminate your user account and deny current or future access to any or all of the Services. 

 

Organization Accounts and Administrators 

When registering for an organization account, you can designate one or more administrators who will have the authority to configure the Services to meet your organization's needs and manage end users within the account.  

If your organization's account is set up and managed by a third party, they likely serve as administrators for your account. It's important to establish a suitable agreement with any third party outlining their roles and limitations as administrators of your organization's account. 

 

You are responsible for: 

i) Maintaining the confidentiality of your organization account password. 

ii) Appointing capable individuals as administrators to manage your organization's account. 

iii) Ensuring that all activities within your organization's account comply with the terms of this Agreement. 

 

Please note that Falca is not responsible for the administration or internal management of your organization's account. 

 

You must take necessary precautions to prevent your organization from losing control of administrator accounts.  

You can specify a process for recovering control in case of such loss by emailing siddhi@Falcasolutions.com.  

However, Falca reserves the right to provide control of an administrator account to an individual who can demonstrate authorization to act on behalf of the organization, if no specific recovery process is specified. 

You agree not to hold Falca liable for any actions taken in good faith regarding this matter. 

 

Prohibited Activities 

By utilizing the Service, you agree to the following: 

 

You will refrain from offering goods or services or sharing content that exploits or harms children, including but not limited to images or depictions of child abuse, child pornography, or any material presenting children in a sexual manner. 

You will not offer goods or services or share content that infringes upon the intellectual property rights of any party, including patents, trademarks, trade secrets, copyrights, or other proprietary rights. 

You will avoid offering adult content that is pornographic or obscene. 

You will not provide goods or services or share content that is unlawful, hateful, discriminatory, or incites violence based on ethnicity, race, nationality, religion, gender, sexual orientation, disability, or medical condition. 

You will refrain from defaming, abusing, harassing, bullying, stalking, threatening, or violating the privacy and legal rights of others. 

You will not offer goods or services or share content that implies or supports terrorist organizations. 

You will avoid promoting self-harm or engaging in other dangerous or illegal activities. 

You will not use the Service to sell or distribute counterfeit or unauthorized goods. 

You will refrain from offering any goods or services related to gambling, including lotteries and games of chance. 

You will not use the Service to sell or distribute financial or professional services. 

You will avoid using the Service to sell or distribute regulated products with varying legal statuses across jurisdictions, such as alcoholic beverages, e-cigarettes, firearms and ammunition, fireworks, explosives, toxic and radioactive materials, pharmaceutical and pseudo-pharmaceutical products, medical devices, drugs, equipment designed for making or using drugs, etc. 

You will not engage in unfair, predatory, deceptive commercial practices, or scamming activities, such as pyramid schemes, click fraud, or get-rich-quick schemes. 

You will refrain from using the Service for spamming, phishing, or any similar activities. 

You will not use the Service to collect information about others, including email addresses, without their consent. 

You will avoid linking or redirecting to sites involved in any of the prohibited activities listed above. 

 

Personal Information and Privacy 

Your personal information provided to Falca via the Service is governed by the Siddhi Privacy Policy. By choosing to use the Service, you acknowledge your acceptance of the terms outlined in the Siddhi Privacy Policy. 

It is your responsibility to maintain the confidentiality of your username, password, and any other sensitive information. You are accountable for all activities conducted within your user account and agree to promptly notify us via email at siddhi@falcasolutions.com of any unauthorized use of your account.  

We are not liable for any loss or damage incurred by you or any third party due to unauthorized access or use of your account, or for any other reason. 

 

Communications from Falca 

The Service may involve various communications from Falca, including service announcements, administrative messages, and newsletters. These communications are integral to using the Services. 

While we prioritize your privacy and offer the option to opt out of receiving newsletters, please note that you cannot opt out of receiving service announcements and administrative messages. 

 

Complaints 

If we receive a complaint regarding your activities while using the Services, we will forward the complaint to the primary email address associated with your user account.  

You are required to respond directly to the complainant within 10 days of receiving the forwarded complaint, copying Falca in your response. Failure to respond within this timeframe may result in Falca disclosing your name and contact information to the complainant, enabling them to pursue legal action against you.  

Your failure to respond within the specified time frame will be considered as your consent to such disclosure by Falca. 

 

Restrictions on Use 

In addition to all other terms and conditions outlined in this Agreement, you are prohibited from: 

(i) Transferring the Services to any third party or making it available to them in any way. 

(ii) Providing any service based on the Services without obtaining prior written permission. 

(iii) Using third-party links to sites without agreeing to their website terms & conditions. 

(iv) Posting links to third-party sites or using their logo, company name, etc., without obtaining their prior written permission. 

(v) Publishing any personal or confidential information belonging to any person or entity without obtaining consent. 

(vi) Using the Services in any manner that could damage, disable, overburden, impair, or harm any server, network, computer system, or resource of Falca. 

(vii) Using the Services in a manner that violates any applicable local, state, national, or international law. 

(viii) Creating a false identity to deceive any person regarding the origin of any communication. 

 

Inactive User Accounts Policy 

We retain the right to terminate unpaid user accounts that remain inactive for a consecutive period of 120 days. Upon termination, all data associated with the user account will be permanently deleted.  

This data deletion policy may be enforced across any or all of the Services. Each Service will be treated as an independent entity for calculating inactivity duration. Therefore, activity within one Service alone is insufficient to maintain the overall account's active status.  

In instances where an account has multiple users, as long as at least one user remains active, the account will not be deemed inactive. 

 

Data Ownership 

We acknowledge and respect your ownership rights over the content you create or store.  

Unless expressly permitted by you, your use of the Services does not grant Falca a license to use, reproduce, adapt, modify, publish, or distribute your content for commercial, marketing, or similar purposes. However, you grant Falca permission to access, copy, distribute, store, transmit, reformat, publicly display, and publicly perform the content in your user account solely for the purpose of providing the Services to you. 

 

User Generated Content 

You have the ability to transmit or publish content created by you using any of the Services. However, you bear full responsibility for such content and its consequences upon transmission or publication. Publicly shared content will be accessible through the internet and may be indexed by search engines. It is your duty to ensure that private content is not inadvertently made public. 

 

Any content received from other users of the Services is provided to you as is, for your personal information and use only. You agree not to exploit such content for any purpose without the express written consent of the content owner. If you encounter copyrighted content or content with copy protection features while using the Services, you agree not to remove copyright notices or disable copy protection features. 

 

By making copyrighted or copyrightable content available on the Services, you affirm that you have obtained the necessary consent, authorization, or permission from individuals who may claim rights to the content. Additionally, by sharing content as described, you agree that Falca reserves the right to block access to or remove such content if complaints arise regarding its legality or infringement of third-party rights. 

 

By utilizing the Services and transmitting or publishing any content through them, you explicitly consent to Falca's designated agent making determinations regarding questions of legality or infringement of third-party rights in such content. 

 

Sample files and Applications 

 

Falca may offer sample files and applications to showcase the potential use of the Services for specific purposes. The information within these samples comprises random data, and Falca does not provide any warranty, whether express or implied, regarding the accuracy, usefulness, completeness, or reliability of the information or the sample files and applications. 

 

Trademark 

Falca, Falca logo, Siddhi, Siddhi logo and the names of individual Services and their logos are trademarks of Falca Corporation. You agree not to display or use, in any manner, the Falca trademarks, without Falca’s prior permission. 

 

Disclaimer of Warranties 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. Falca EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Falca MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM Falca, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. 

 

 

Limitation of Liability 

YOU AGREE THAT Falca SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF Falca HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL Falca’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE. 

 

Indemnification 

You agree to indemnify and hold harmless falca, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines, and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the services in violation of another party's rights, in violation of any law, in violation of any provisions of the terms, or any other claim related to your use of the services, except where such use is authorized by falca. 

 

Arbitration 

Any dispute or controversy arising from or related to the Terms shall be settled through binding arbitration in accordance with the commercial arbitration rules of Indian Council of Arbitration at Bengaluru Location only. Each dispute or claim shall be arbitrated individually and shall not be consolidated with any other party's claims or disputes. The arbitrator's decision shall be final and binding, with no option for appeal. The arbitration proceedings shall take place in [mention the city or region in India where arbitration will be conducted], and the arbitration award may be enforced in any court having jurisdiction over the matter. However, notwithstanding the arbitration provision, Falca reserves the right to seek injunctions or other equitable relief from any court of competent jurisdiction in India at any time. 

 

Suspension and Termination 

We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to siddhi@falcasolutions.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. 

 

In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if Falca breaches its obligations under these Terms. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account. 

 

END OF TERMS OF SERVICE 

If you have any questions or concerns regarding this Agreement, please contact us at siddhi@falcasolutions.com.