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
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
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
Payment, Refunds, and Plan Changes
- 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.
- You may not use the Services for any purpose outlined in our Use Restrictions policy.
- 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.
- You must be a human. Accounts registered by "bots" or other automated methods
are not permitted.
Cancellation and Termination
- 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.
- 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.
- 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.
- We do not offer a refund on upgrade or renewal.
Modifications to the Service and Prices
- 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.
- 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.
- 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
- 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..
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of a
Company employee or officer will result in immediate account termination.
Uptime, Security, and Privacy
- We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
- 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.
- 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%
- 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.
- 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.
- When you use our Services, you entrust us with your data. We take that trust to
Copyright and Content Ownership
- 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
- 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
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.
Features and Bugs
- All content posted on the Services must comply with Indian copyright law.
- We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours.
- 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.
- 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,
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.
- 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.
- You must not modify another website so as to falsely imply that it is associated with
the Services or the Company.
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:
- 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
- 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.
- 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.
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.
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
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.
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.