Terms Of Service

Please read this End-User License Agreement (“Agreement”) carefully before signing the agreement paper, or using the Penahak Accounting system.

By signing this agreement paper, or using the Application, customers are agreeing to be bound by the terms and conditions of this Agreement.

This Agreement is a legal agreement between the customer (either an individual or a Business entity) and Penahak Pvt. Ltd, and it governs your use of the Application made available to the customer.

If customers do not agree to the terms of this Agreement, do not sign this agreement paper and do not use the Application.

A. License and restriction

  1. Penahak Pvt. Ltd  grants customers a revocable, non-exclusive, non-transferable, limited license to use the Application strictly in accordance with the terms of this Agreement.
  2. You agree not to, and the customer will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
  3. You agree not to, and customers will not permit others to modify, create a derivative work, reverse engineer or reverse assemble, disassemble, or decompile the Software, or any part of the Application.

B. Intellectual Property

  1. The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Penahak.
  2. Any feedback, comments, ideas, improvements or suggestions provided by customers to Penahak with respect to the Application shall remain the sole and exclusive property of Penahak.
  3. Penahak  shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to customers.

C. Data Ownership, Data Retention and Deletion

  1. As a customer, you maintain complete ownership of the content you create or store. We highly value your privacy and commit to not accessing, utilising, or disclosing your content without your explicit authorization. Your data is handled with utmost security and confidentiality, adhering to our Privacy Policy and complying with applicable laws and regulations. We recognize that your data is your intellectual property and should be treated as such.
  2. As the owner of your data, you have the right to request the deletion or removal of your data from our systems. Upon your request or termination of our services, we will promptly and securely delete your data, subject to any legal obligations or legitimate business interests that require us to retain certain information for a specified period.
  3. In the case of electronic billing, customers should follow all the rule and regulations governed by IRD.

D. Updates and modifications to Application

  1. Penahak  reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to the customer.
  2. Penahak  may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, and upgrades  (“Updates”).
  3. You  agree that in the event of an upgrade, the License hereby granted shall automatically transfer to the new version.
  4. You agree that all rights in respect of the original version shall lapse and no further use of the same shall be permitted.

E. Third-Party Services

  1. You agree that Internet, network, hardware, software inquiries relating to third party providers are not resolved Penahak.
  2. The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”).
  3. The customer acknowledges and agrees that Penahak shall not bear any responsibility for Third-Party Services, including their accuracy, completeness, timeliness, validity, or compliance with copyright laws. Penahak does not assume any liability or responsibility towards the customer or any other individual or entity for any issues arising from the use of Third-Party Services.
  4. Third-Party Services and the inclusion of links to such services are provided solely for the convenience of the customer. The access and utilization of these services are entirely at the customer’s own risk and subject to the terms and conditions set forth by the respective third parties.

F. Subscription Term and Termination

  1. Your license grants you access to the specified number of users and features included in your subscription plan.
  2. By agreeing to these terms, customers acknowledge that payment for subscription is due in advance of the next expiry date of your subscription.
  3. In the event of failure to pay the fees for Services by the specified expiry or due date, Penahak reserves the right to restrict access to all unpaid Subscription accounts.
  4. By accepting these terms, you understand and agree that when a Subscription is locked due to non-payment, all users of the affected files will be unable to view, edit, or add any data to the file. Full access will only be restored upon the receipt of all accumulated unpaid Subscription fees.
  5. This Agreement shall remain in effect until suspended, terminated by us or  by ceasing subscription payments.
  6. If you decide to terminate your subscription service, you acknowledge and agree to utilize the export functions provided within the service to export your data.
  7. This Agreement may be terminated immediately, without prior notice from Penahak, if you fail to comply with any provision outlined in this Agreement. Additionally, you have the option to terminate this Agreement by exporting all of your data and submitting a written request to us for the deletion of your account.
  8. Penahak reserves the right to terminate this agreement if you provide false, misleading, inaccurate, outdated, or incomplete information, including a valid contact email address and phone number. Additionally, if Penahak has reasonable grounds to believe that the information provided is false, misleading, inaccurate, outdated, or incomplete, or if there is a breach of any terms outlined in this agreement, Penahak may terminate this agreement.
  9. The termination of this Agreement will not restrict or limit any rights or remedies that Penahak may have at law or in equity in the event of your breach of any obligations outlined in this Agreement during its term.

G. Passwords

  1. The customers agree to use a  secure password with  eight (8) or more characters long that contains at least one capital  letter and one number and a symbol.
  2. You agree to use your best endeavours to ensure the safeguard of your Password(s) for your organisation in order to ensure there is no unauthorised access to, copying of, or collection of information from you data file and you indemnify Penahak for any and all losses you may incur as a result of failing to safeguard your Password
  3. Upon termination of this Agreement,  you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.

H. Liabilities

  1. While our Products and Services will be provided with due care and skill to customer, our liability to customer for any failure to provide the Services, or for any breach of any warranty or guarantee in relation to the Services (whether implied or express) will be either of the following:
    1. Where the Services consist of the supply of services;
      Supplying the services again or the payment of the cost of having the services supplied again,
    2. Where the Services consist of the supply of goods;
      The replacement of the goods; or the repair of the goods
  2. You accept that we will not accept liability for failures in providing Services which are outside normal usage or reasonably foreseeable including force majeure, natural disasters, acts of God, war, terrorism and civil disobedience.

I. Amendments to this Terms of Services

  1. Penahak  reserves the right, at its sole discretion, to modify or replace terms and conditions of  its Services at any time. If a revision is significant we will notify  you of the changes through the Penahak App or via email addresses you have registered with us.  What constitutes a significant change will be determined at our sole discretion.
  2. By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Application.

J. Communication

  1. You agree Penahak to contact you by web page and operating systems notifications, email, post, internet chat, text message, phone calls or other means to communicate important information regarding the use of the Service and related products.

K. These Terms of Service are governed by and construed in accordance with the Law of Nepal

L. Definitions

“We” , “us”, “our” , “Penahak” –  refers to Penahak Technology Private Ltd”

“You”, “Customers”, Subscriber” –  refers to API Business Technology Private Ltd

“Your Data” – refers to the Data entered and stored by API Business Private Ltd

“Services”  – refers to the Account Application provided as a Service to Customer

M. Contact Information

If you have any questions about this Agreement, please contact us.