These Terms of Service (“Terms”) govern your access to and use of PeppyBooks — the website at peppybooks.com, the PeppyBooks application at app.peppybooks.com and related services (together, the “Service”). By creating an account or using the Service you agree to these Terms. If you do not agree, do not use the Service.

1. Who you are contracting with

The PeppyBooks entity you contract with depends on where your business is located:

Customers located in India contract with Pointage IT Solutions Pvt Ltd, 301 & 302, 3rd Floor, No. 46, Renaissance D C Chambers, Subbarama Chetty Road, NR Colony, Basavanagudi, Bengaluru, Karnataka 560004, India.
Customers located outside India contract with PeppyBooks Inc., 1209 Orange Street, Wilmington, Delaware 19801, United States.

“PeppyBooks”, “we”, “us” and “our” mean the entity that applies to you. The operating country you confirm when setting up your account determines which entity applies.

2. Definitions

Service: the PeppyBooks platform, including its point-of-sale, sales, inventory, purchasing, customer and accounting features, and any related websites, applications and support.
Customer, you: the business or individual that registers for the Service, and any person using the Service on that business’s behalf.
Customer Data: all data, files and content that you or your users enter into or upload to the Service, including your product, sales, inventory, customer and accounting records.
User: any person you authorise to access your PeppyBooks account.

3. Eligibility

The Service is intended for businesses and business use. You must be at least 18 years old and have the legal capacity to enter into these Terms on behalf of the business you represent.

4. Account registration

To start using PeppyBooks you provide your full name, company name, work email address and mobile number, and you verify your email address with a one-time code we send to it. You must provide accurate information and keep it up to date. You are responsible for keeping your credentials confidential and for all activity under your account and the accounts of your Users. Tell us promptly if you believe your account has been accessed without authorisation.

5. Free trial

PeppyBooks offers a free trial of 14 days, starting when your trial account is created.
No payment card is required to start or use the free trial.
The free trial does not automatically charge you and does not automatically convert into a paid subscription. When the trial ends, access to the trial account is suspended unless you select a paid subscription.
To continue using PeppyBooks after the trial, you must select and pay for a subscription plan. Nothing is charged until you do.
One free trial is available per business email address. We may decline or end a trial that we reasonably believe is being used abusively or in breach of these Terms.
Data you enter during the trial remains available to you when you subscribe. If you do not subscribe, we may delete trial data after a reasonable period following the end of the trial.

6. Subscriptions and payment

Paid plans, prices and billing periods are as published on peppybooks.com or as agreed with you in writing. Plans are priced per user: your subscription is the plan price multiplied by the number of users on your account, billed monthly or yearly as you choose. Prices exclude applicable taxes (such as GST or VAT), which are added based on your billing address, unless stated otherwise.
Subscription fees are payable in advance for the selected billing period by the payment methods we accept at the time. Invoices are provided electronically.
You may add or remove users at any time; your subscription follows the number of users.
There are no cancellation fees. You may cancel a subscription at any time; cancellation takes effect at the end of the current paid period, and you keep access until then. Fees already paid are not refunded except where the law requires.
Charges imposed by third parties you use with the Service (for example payment gateways, messaging providers or government transaction charges) are not part of your subscription and are payable separately.
We may change prices with at least 30 days’ notice; changes apply from your next billing period.

7. Your data

You own your Customer Data. You grant PeppyBooks a non-exclusive licence to host, process, back up and display Customer Data solely to provide, secure and improve the Service for you and as described in our Privacy Policy.
You are responsible for the accuracy and lawfulness of your Customer Data and for having the rights and consents needed to enter it into the Service, including data about your own customers.
You can export your Customer Data from the Service while your account is active.
The Service records transactions on your behalf. You remain responsible for your own books, tax filings and compliance with the laws and accounting standards that apply to your business.

8. Acceptable use

You must not use the Service to break the law, to infringe the rights of others, to store or transmit unlawful, fraudulent or abusive content, to attempt unauthorised access to the Service or other customers’ data, to interfere with the Service’s operation, or to resell the Service without our written agreement. We may suspend or terminate accounts involved in such activity.

9. Third-party services

The Service can connect to third-party services you choose to use (for example payment providers, messaging channels or marketplaces). Those services are governed by their own terms, and PeppyBooks is not responsible for them.

10. Security and privacy

We use technical and organisational measures intended to protect the Service and Customer Data, including encryption in transit, hashed credentials and access controls. No system is completely secure, and we do not guarantee that unauthorised access will never occur. How we collect and use personal information is described in our Privacy Policy.

11. Availability and changes

We aim to keep the Service available at all times but do not guarantee uninterrupted operation. Maintenance or outages may occur, and we will give notice where feasible. We may add, change or remove features of the Service; we will give reasonable notice of significant changes that reduce functionality.

12. Termination and data export

You may close your account at any time. We may suspend or terminate your account for breach of these Terms, non-payment, or where required by law. You can export your Customer Data before closing your account. After termination we may delete Customer Data following a reasonable retention period, as described in our Privacy Policy.

13. Disclaimers

The Service is provided “as is” and “as available”. To the maximum extent permitted by law, PeppyBooks disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

14. Limitation of liability

To the maximum extent permitted by law, PeppyBooks is not liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or goodwill, arising from or related to the Service or these Terms. PeppyBooks’ total liability for any claim relating to the Service is limited to the amount you paid to PeppyBooks for the Service in the 12 months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited by law.

15. Indemnity

You agree to indemnify PeppyBooks, its affiliates and staff against claims, damages and reasonable legal costs arising from your Customer Data, your use of the Service in breach of these Terms, or your breach of applicable law.

16. Governing law and jurisdiction

Customers located in India: these Terms are governed by the laws of India, and the courts of Bengaluru, Karnataka have exclusive jurisdiction over any dispute.
Customers located outside India: these Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, and the state and federal courts located in Delaware, United States have exclusive jurisdiction over any dispute.

17. Changes to these Terms

We may update these Terms. We will publish the updated Terms at peppybooks.com/terms/ with a new effective date and, for significant changes, notify you by email or in the Service. Continued use of the Service after the effective date means you accept the updated Terms.

18. General

These Terms, together with the Privacy Policy and any written order or plan you accept, are the entire agreement between you and PeppyBooks regarding the Service. If any provision is found unenforceable, the rest remains in effect. You may not assign these Terms without our consent.

19. Contact

For questions about these Terms:

Pointage IT Solutions Pvt Ltd — 301 & 302, 3rd Floor, No. 46, Renaissance D C Chambers, Subbarama Chetty Road, NR Colony, Basavanagudi, Bengaluru, Karnataka 560004, India

PeppyBooks Inc. — 1209 Orange Street, Wilmington, Delaware 19801, United States

Email: sales@peppybooks.com