Terms of Service


From everyone at Shimbi Labs, thank you for using our products! We build them to help you do your best work. Here we have put Terms of Service in place to help understand your obligations when you use our products.

This Agreement is entered between Shimbi Computing Laboratories Private Limited, a company registered under Companies Act 1956 in India, hereinafter referred to as Shimbi Labs.

Also, when we say "Company," "we," "our," or "us" in this document, we are referring to Shimbi Computing Laboratories Private Limited.

And the payer or/and the recipient of services hereunder identified as part of the subscription process for Shimbi Labs Services hereinafter referred to as "Customer or You."

When we say "Services," we mean any product created and maintained by Shimbi Labs. That includes all versions of Budo, Ninjin, Invoice, and Mikan (New signup is closed), whether delivered within a web browser, desktop application, mobile application, or another format.

When we say "Web Application Development" or "Mobile Application Development," we mean an order made software development for clients' on respective platforms based on their requirements.

Here is a separate software development agreement.

ACCEPTANCE OF THE TERMS

You must be of legal age to enter into and accept the Terms of this Agreement. If you do not agree to the Terms of this Agreement, do not use any of Shimbi Labs' Services. In case the Customer is acting on behalf of some business entity, the Customer is duly authorized to enter into an agreement on behalf of the entity Customer is representing. The Customer also represents and warrants that the Customer is not a competitor of Shimbi Labs.

Therefore, by clicking "I agree," ordering, and/or using Shimbi Labs services, the Customer agrees to be bound by all of the terms and conditions of this Agreement (hereinafter referred to as the "Terms of Service").

We may update these Terms of Service in the future. Typically these changes have been to clarify some of these terms by linking to an expanded related policy. Whenever we make a significant change to our policies, we will also announce them on our company blog.

When you use our Services, now or in the future, you agree to the latest Terms of Service. That's true for all our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability

If you violate any of the terms, we reserved the right to terminate your account

Account Terms
  1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We recommend that users set up two-factor authentication for added security. In some of our Services, we may require it.
  2. You may not use the Services for any purpose outlined in our Use Restrictions policy.
  3. You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.
  4. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
Payment, Refunds, and Plan Changes
  1. If you are using a free version of one of our Services, it is truly free: we do not ask you for your credit/debit card details.
  2. If you are upgrading from a free plan to a paid plan, we will charge your card immediately, and your billing cycle starts on the day of the upgrade. All our plans are charged annually.
  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. See our Taxes policy for more details. Otherwise, you are responsible for payment of all taxes, levies, or duties.
  4. We do not offer a refund on upgrade or renewal.
Cancellation and Termination
  1. You are solely responsible for properly canceling your account. Within each of our Services, we provide a simple no-questions-asked cancellation link. An email or phone request to cancel your account is not automatically considered cancellation. If you need help canceling your account, you can always contact our Support team.
  2. All of your content will be inaccessible from the Services immediately upon cancellation and permanently deleted from active systems and logs. We cannot recover this information once it has been permanently deleted. If you want to export any data before your account is canceled, please do so.
  3. If you cancel the Service before the end of your current paid up year, your cancellation will take effect immediately, and you will not be charged again. However, We do not offer any refunds for remaining period of subscription
  4. We have the right to suspend or terminate your account and refuse current or future use of our Services for any reason at any time. The suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination means deleting your account and relinquishment of all content in your account. We also reserve the right to refuse the Services' use to anyone for any reason at any time. We exercise that stance. For more details, see our Use Restrictions policy..
  5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.
Modifications to the Service and Prices
  1. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
  2. Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days' notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.
Uptime, Security, and Privacy
  1. Your use of the Services is at your sole risk. We provide these Services on an "as is" and "as available" basis. We do not offer service-level agreements — but we do take uptime of our applications seriously. Usually, we try to maintain it up to 99.99% server uptime.
  2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we'll reach out to the account owner before taking any action.
  3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted. Please refer to our Security Overview for full details.
  4. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that Shimbi Labs may process your data as described in our Privacy Policy and for no other purpose. We, as humans, can access your data for the following reasons:
    • To help you with support requests you make. We'll ask for express consent before accessing your account.
    • To safeguard Shimbi Labs. We'll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
    • To the extent required by applicable law. As an Indian company with all data infrastructure located in the US, we only preserve or share customer data if compelled by a US government authority with a legally binding order or proper request under the Stored Communications Act. Suppose a non-US authority approaches Shimbi Labs for assistance. In that case, our default stance is to refuse unless the order has been approved by the US government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism.
    • We use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
    • We process any data you share with us only for the purpose you signed up for and as described in these Terms of Service and Privacy Policy. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements and not use Shimbi Labs Services in a way that violates the Terms of Services.
Copyright and Content Ownership
  1. All content posted on the Services must comply with Indian copyright law.
  2. We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours.
  3. We do not pre-screen content but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
  4. The names, look, and feel of the Services are copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company's logo or any Service logos for promotional purposes. Please contact us to use logos. We reserve the right to rescind this permission if you violate these Terms of Service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
  6. You must not modify another website so as to falsely imply that it is associated with the Services or the Company.
Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed, and we don't guarantee completely error-free Services.

Services Adaptations and API Terms

We offer Application Program Interfaces ("API" s) for some of our Services (currently Shimbi Invoice). Any use of the API, including through a third-party product that accesses the Services, is bound by the terms of this agreement plus the following specific terms:

  1. You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
  2. Third parties may not access and employ the API if the functionality is part of an application that remotely records, monitors, or reports a Service user's activity other than time tracking, both inside and outside the applications. The Company, in its sole discretion, will determine if an integration service violates this bylaw. A third party that has built and deployed an integration for the purpose of remote user surveillance will be required to remove that integration.
  3. Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account's access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account's access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.
FORCE MAJEURE

Without limiting the foregoing, under no circumstances shall Shimbi be held liable for any damage or loss due to deficiency in the performance of the Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, Internet Service Provider outages, scheduled maintenance telecommunication, equipment failures, any downtime, floods, storms, electrical failures, civil disturbances, riots, strikes shortages of labor, fluctuations in heat, light, or air conditioning.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that's on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business, investments in security, infrastructure, and talent. If you choose to use our Services, thank you for betting on us.

APPLICABLE LAWS

This Terms of Service and your use of services shall be governed by and construed under the laws of the state of India without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Indian law, rules, and regulations, Indian law, rules, and regulations shall prevail and govern. For the purposes of any legal or equitable actions, each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Pune, India. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.

If you have a question about any of the Terms of Service, please contact us.