Terms and Conditions
Effective Date: December 30, 2022
IMPORTANT: Please read these Terms and Conditions carefully before using our services.
Table of Contents
Nimusoft Technologies Ltd.
A leading software development company providing enterprise solutions including ERP systems, mobile applications, cloud consultancy, custom software development, AI/ML solutions, digital transformation services, and SaaS products (HRM, POS, Finance, CRM).
Acceptance of Terms
By accessing or using any services provided by Nimusoft Technologies Ltd. ("Company," "we," "us," or "our"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, you must not use our services.
Key Points:
- These terms apply to all services including SaaS products, consulting, and development
- We may update these terms periodically; continued use constitutes acceptance
- Additional terms may apply to specific services
Services Overview
Nimusoft provides a comprehensive suite of technology services and products:
Software Development
- • Enterprise Resource Planning (ERP)
- • Mobile Application Development
- • Custom Software Solutions
- • Cloud Consultancy Services
SaaS Products
- • HRM (Human Resource Management)
- • POS (Point of Sale Systems)
- • Finance & Accounting Software
- • CRM (Customer Relationship Management)
- • AI-Powered Analytics Tools
Note: Service availability, features, and specifications are subject to change. We reserve the right to modify, suspend, or discontinue any service with reasonable notice.
Registration & Accounts
To access certain services, you must register for an account and provide accurate, complete information.
Account Responsibilities:
User Obligations:
- Maintain account confidentiality
- Notify us of unauthorized access
- Provide accurate information
Our Rights:
- Suspend accounts for violations
- Verify user information
- Terminate inactive accounts
Age Requirement:
You must be at least 18 years old to use our services. By using our services, you represent that you are at least 18 years of age.
Subscriptions & Payments
Our SaaS products are offered on a subscription basis. Additional terms apply to custom development projects and consulting services.
Billing Cycle
- • Monthly or annual billing
- • Auto-renewal unless cancelled
- • Price changes with notice
Payment Terms
- • Credit card or invoice
- • 30-day payment terms
- • Late payment fees apply
Refund Policy
- • 30-day money-back guarantee*
- • Pro-rated refunds
- • Exceptions apply
*Refund Conditions: Money-back guarantee applies only to new subscriptions within first 30 days. Custom development projects may have different refund policies as specified in individual contracts.
Payment Failure Consequences:
- • Service suspension after 15 days overdue
- • Account termination after 45 days overdue
- • Collection proceedings may be initiated
Intellectual Property
Our Intellectual Property
- Software, code, designs, and documentation
- Trademarks, logos, and brand elements
- Proprietary algorithms and methodologies
License Grant
- Non-exclusive, non-transferable license
- For internal business use only
- Subject to subscription terms
Prohibited Activities:
- Reverse engineering
- Copying or distributing
- Creating derivative works
- Removing proprietary notices
Custom Development Projects:
For custom development projects, intellectual property rights will be specified in individual project contracts. Typically, client retains rights to custom-developed code while Nimusoft retains rights to reusable components and methodologies.
Data Processing & Privacy
We process personal data in accordance with our Privacy Policy and applicable data protection laws including GDPR, CCPA, and other regional regulations.
Data Processing Roles:
Data Controller
For marketing, website, and business operations data
Data Processor
For SaaS product data processed on behalf of clients
Key Commitments:
- Data Processing Agreements (DPAs) available for SaaS clients
- ISO 27001 certified security measures
- Regular security audits and compliance checks
Client Responsibility: For SaaS products, clients are responsible for ensuring they have proper legal basis for data processing and for obtaining necessary consents from their end-users.
AI & Machine Learning Services
Our AI/ML services and products are subject to additional terms due to their unique nature:
AI Service Characteristics
- Probabilistic outputs with inherent uncertainty
- Continuous learning and model updates
- Human oversight recommended
Usage Guidelines
- Verify critical decisions independently
- Monitor for bias and fairness
- Maintain human accountability
Important Limitations:
- AI outputs are not guaranteed to be accurate
- Not for use in life-critical or medical decisions
- No liability for AI-generated decisions
Training Data:
For AI/ML services that involve training on client data, additional agreements govern data usage rights, confidentiality, and intellectual property of resulting models.
Liability & Warranties
Warranties
Services are provided "as is" and "as available" without warranties of any kind.
- • No warranty of uninterrupted service
- • No warranty of error-free operation
- • No warranty of fitness for particular purpose
Limitation of Liability
To the maximum extent permitted by law:
- • No liability for indirect damages
- • Total liability limited to fees paid
- • No liability for third-party actions
Exclusions:
Liability limitations do not apply to: (a) death or personal injury caused by negligence, (b) fraud or fraudulent misrepresentation, (c) any other liability that cannot be excluded or limited under applicable law.
Service Level Agreements (SLAs):
For enterprise SaaS products, specific SLAs with uptime guarantees and remedies are provided in separate agreements. Standard SaaS services have a target uptime of 99.5% but no formal SLA unless specifically contracted.
Termination
By User
- Cancel subscription at any time
- No refunds for partial periods (except as specified)
- Data export available for 30 days post-termination
By Nimusoft
- For material breach of terms
- For prolonged non-payment
- For illegal or fraudulent activity
Post-Termination:
Upon termination: (a) all rights granted terminate immediately, (b) you must cease all use of services, (c) we may delete your data after 30 days, (d) any outstanding fees become immediately due.
Governing Law & Dispute Resolution
Governing Law
These terms are governed by the laws of Bangladesh without regard to conflict of law principles.
Jurisdiction
Exclusive jurisdiction of courts in Dhaka, Bangladesh for any disputes.
Dispute Resolution
30-day negotiation period followed by mediation before litigation.
Class Action Waiver:
You waive any right to participate in class actions or class-wide arbitrations against Nimusoft Technologies Ltd. All claims must be brought individually.
Severability:
If any provision of these terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
Legal Department Contact
For questions about these Terms and Conditions
info@nimusoft.com
Phone
+880 1616 500515
Address
Ga-130/B, Progoti Sharani, Middle Badda, Gulshan, Dhaka-1212
Acknowledgement
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization.
Note: These Terms and Conditions may be supplemented by additional agreements for specific services, projects, or enterprise customers. In case of conflict, specific agreements prevail over these general terms.