Terms of service
Effective date: 14 September 2026 Last updated: 14 September 2026
These Terms of Service ("Terms") are a binding agreement between Elite Ensemble, a firm registered in India and trading as Fintabb ("Fintabb", "we", "us", "our"), and the person or organisation that purchases a licence, opens an account, or uses any Fintabb product ("you", "Customer").
Please read these Terms carefully. They govern how you may use our software, what we promise, what we do not promise, and how disputes are resolved. Section 16 limits our liability and Section 20 requires most disputes to be resolved by arbitration in Noida, Uttar Pradesh.
By placing an order, activating a licence, creating an account, or using any Fintabb product, you agree to these Terms and to our Privacy Policy, Refund Policy, Shipping Policy and Purchase Options Cancellation Policy, each of which forms part of this agreement. If you do not agree, do not use the Services.
If you are accepting on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" means that organisation.
1. Definitions
| Term | Meaning |
|---|---|
| Services | The Fintabb software products, applications, websites, APIs, documentation and support we make available to you. |
| Software | The Fintabb applications, including Fintabb ERP, Fintabb POS, Fintabb Management and Fintabb Network Suite, in mobile, desktop and web form. |
| Licence | The right to use the Services for a stated Term, for a stated number of Authorised Users, in the Deployment Arrangement stated in your Order. |
| Deployment Arrangement | Hybrid or On-Premises, as described in Section 4. |
| Term | The licence period you purchased — one month, three months, twelve months, or as stated in an Order. |
| Order | A purchase through fintabb.com, a written quotation or order form accepted by both parties, or a renewal. |
| Authorised User | An individual you permit to use the Services under your Licence — typically your employee, contractor or agent. |
| Customer Data | All data you or your Authorised Users enter into, generate in, or upload to the Services, including your business records and the personal data of your own customers, suppliers and staff. |
| Documentation | The user guides and specifications we publish for the Services. |
2. Who may use the Services
The Services are business software, supplied for business use. They are not consumer products and are not intended for personal or household purposes.
You must be at least 18 years old and legally capable of entering into a contract. You must not use the Services if you are barred from doing so under applicable law.
You are responsible for everything your Authorised Users do. Their acts and omissions are treated as yours.
3. Accounts, credentials and security
You must provide accurate, current and complete information when you register, and keep it updated.
You are responsible for the security of your credentials. Do not share passwords or passkeys. Notify us at support@fintabb.com immediately if you suspect unauthorised access. We are not liable for loss arising from your failure to keep credentials secure, but we will help you contain and investigate an incident.
We will never ask you for your password. Treat any such request as fraudulent.
Each Authorised User must have their own named account. Sharing one login between several people is a breach of these Terms, defeats the audit trail your business depends on, and may cause you to exceed your licensed user count.
4. Deployment Arrangements — and what differs between them
Fintabb is supplied in two arrangements. Your Order states which one you have, and the difference determines who holds your data and who carries the risk of losing it. Read the one that applies to you.
4.1 Hybrid
The name describes how it is built:
- The applications run on your own devices. Installed on Windows and macOS desktops and on Android and iOS phones and tablets, and reachable in a web browser, where there is nothing to install.
- Your database and your files are hosted by us.
You get the responsiveness of software running on the machine in front of you, while your data sits in one place — current on every device, every branch and every platform at once, with no copies to reconcile.
We are responsible for hosting your database and files, backing them up as described in Section 9, applying platform updates, and availability as described in Section 8.
4.2 On-Premises
Both the application and the database run on your own servers, inside your own network. Your data does not leave your premises. You have complete control over it, and complete responsibility for it.
In this arrangement you are responsible for the server, the operating system, database administration, storage, the network, physical and logical security, and — critically — your own backups and disaster recovery.
WE DO NOT HOLD A COPY OF YOUR DATA AND CANNOT RESTORE IT FOR YOU. We supply the Software, updates and support. We do not operate your environment, we cannot see your data, and we have no means of recovering it if your server fails, is lost, is stolen, is encrypted by ransomware, or is deleted. If you choose this arrangement, a working and tested backup regime is yours to design, run and verify. We will advise if you ask, but advice is not responsibility.
4.3 Common to both
You are responsible for your own internet connectivity; the desktops, phones and tablets your people use, and their security; peripheral hardware including payment terminals, printers, scanners and cameras; the security of your credentials; and any third-party service you choose to connect.
5. Licence grant, and what it does not allow
Subject to your paying the applicable fees and complying with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Services during the Term, for your internal business purposes, for up to the number of Authorised Users you have purchased.
The Software is licensed, not sold. All rights not expressly granted are reserved.
You must not, and must not permit anyone else to:
- resell, rent, lease, sublicense, distribute or provide the Services to any third party, or use them to operate a bureau or service-provider offering, unless we have agreed in writing;
- copy, modify, translate or create derivative works of the Software;
- reverse engineer, decompile or disassemble the Software, or attempt to derive its source code, except to the minimum extent that applicable law expressly permits despite this restriction;
- remove, obscure or alter any proprietary notice, branding or licence-enforcement mechanism;
- circumvent or attempt to circumvent licence limits, user counts, entitlement checks or access controls;
- use the Services to build, train or improve a competing product, or to benchmark them for publication, without our prior written consent;
- probe, scan or test the vulnerability of the Services, or breach their security or authentication, except under a written authorisation from us;
- use automated means to scrape or extract data from the Services beyond documented APIs;
- introduce malicious code, or use the Services in a way that damages, overburdens or impairs them or interferes with anyone else's use;
- use the Services in violation of any applicable law, including tax, accounting, data protection, labour or export law, or to store or transmit unlawful material.
Audit. Where we have reasonable grounds to believe your use exceeds your Licence, we may ask you to confirm your Authorised User count and deployment. You agree to respond within 15 working days. If a shortfall is found, you will pay for the additional licences from the date the excess use began. We will give reasonable notice and will not disrupt your operations.
6. Fees, taxes and payment
Fees. You pay the fees stated in your Order. Fees are quoted in Indian Rupees (INR) unless stated otherwise, and are payable in advance for the Term.
Taxes. Fees are exclusive of GST and any other applicable tax, duty or levy, which is added at the prevailing rate and is payable by you. Our GSTIN is 09AALFE2562J1Z5. Where you are required to withhold tax at source, you will provide the relevant certificate promptly.
Price changes. We may change our prices at any time. A change never affects a Term you have already paid for; it applies from your next Order or renewal. We will publish changed prices on fintabb.com.
Payment methods and third-party processors. Payments are processed by third-party payment providers. We do not store your full card details. Your use of a payment method is also subject to that provider's terms.
Late or failed payment. If a payment fails or is not received when due, we may suspend the Services on reasonable notice until payment is made, and may charge interest at 1.5% per month (or the maximum permitted by law, if lower) on overdue amounts. Suspension does not relieve you of the obligation to pay.
No set-off. You must pay fees in full without set-off, counterclaim or deduction, other than a deduction required by law.
7. Term, renewal and cancellation
Licences are sold for a fixed Term — one month, three months or twelve months, or as stated in your Order.
Licences do not renew automatically. To continue after the Term ends, you place a new Order. We will normally remind you before your Term expires, but the responsibility to renew is yours, and a reminder that fails to arrive does not extend a Term.
If we introduce auto-renewing plans in future, we will say so clearly at the point of purchase, tell you the renewal price and date in advance, and give you a way to switch it off — and this Section will be updated before any such plan is sold.
Full detail, including what happens to your data when a Term ends, is in the Purchase Options Cancellation Policy.
8. Availability, maintenance and support
Availability — Hybrid. We aim for high availability and will use commercially reasonable efforts to keep the hosted Services available, but we do not guarantee uninterrupted or error-free operation unless a separate written service-level agreement says otherwise.
Planned maintenance. We may take the Services down for maintenance. We will give reasonable advance notice where we can, and will try to schedule work outside Indian business hours.
Emergency maintenance. We may act immediately, without notice, where security, data integrity or system stability requires it. We will tell you as soon as practicable afterwards.
Updates. We may update, change or discontinue features. We will not materially reduce the core functionality you have paid for during a Term you have already paid for. Where we must discontinue a material feature, we will give reasonable notice and, if you are materially disadvantaged and we cannot offer a reasonable equivalent, a pro-rata refund of the unused Term is your remedy.
Availability — On-Premises. Availability is determined by your own servers, network and operations, and is therefore outside our control and outside any commitment we give. What we provide is the Software, updates and support.
Support. We provide support by email at support@fintabb.com and by telephone during Indian business hours, in English and Hindi. Support covers use of the Services and defects in them; it does not cover your hardware, your network, your servers, your operating system or database administration, your third-party software, data entry, or training beyond what is reasonable. In the On-Premises arrangement support does not extend to operating, tuning, securing, backing up or recovering your environment.
Remote support. Where you ask for help, a support agent may — with your agreement and only in a session you take part in — view your screen. This is described in Section 6 of the Privacy Policy.
9. Your data
You own your data. As between you and us, all Customer Data is yours. We claim no ownership of it.
What we do with it. We process Customer Data only to provide, secure, support and improve the Services, and as your instructions and these Terms permit. We do not sell Customer Data, and we do not use it to train artificial-intelligence models.
Our role in law. For Customer Data, you are the data controller (or, under India's Digital Personal Data Protection Act, 2023, the Data Fiduciary) and we act as your processor. You are responsible for having a lawful basis to collect and process the personal data you put into the Services, for giving the required notices to the people it concerns, and for obtaining any consent the law requires — including explicit consent for biometric facial data where you enable face attendance.
Aggregated statistics. We may compile anonymous, aggregated statistics about how the Services are used, to operate and improve them. Such statistics never identify you, your Authorised Users, or any individual, and are not Customer Data.
Backups — Hybrid. We take regular backups of the hosted database and files, encrypted and held in India, and we carry that risk as part of the service. That baseline is included in your licence.
Backups are also a service you configure and pay for. Beyond the baseline, you choose the backup type (overwriting, one-time snapshot, incremental, or a combination), the frequency, and the retention — how many copies and how far back you can go. Because backups consume storage and storage costs money, the charge follows the storage your chosen configuration actually consumes. Your Order or a separate written confirmation records what you have selected and what it costs. You may change the configuration at any time on notice to us, and the charge changes with it from the next billing period.
Backups — On-Premises. Backups are entirely your responsibility. We hold nothing and can restore nothing. See Section 4.2.
In both arrangements, backups are a disaster-recovery measure and are not a substitute for your own records. Export and retain anything you are legally required to keep — see Section 9's export provisions and the statutory retention periods that apply to your business.
Export. During the Term, and for 30 days after it ends, you may export your Customer Data using the export features in the Services, or ask us in writing for an export. After that period we may delete it — see Section 18.
Audit trail. The Services record an audit trail of every transaction — every create, edit and deletion, with the user responsible and the time. It cannot be disabled, by your Authorised Users, by your administrator, or by us. You must not attempt to circumvent, suppress or tamper with it; doing so is a material breach of these Terms. The audit trail exists to protect the integrity of your records, and because Rule 3(1) of the Companies (Accounts) Rules, 2014 requires companies keeping books of account electronically to use software that maintains one. Preserving the audit trail for the period the law requires of your business is your responsibility, and in the On-Premises arrangement it is wholly within your control.
Accuracy is yours. The Services compute figures, including tax and accounting figures, from the data you enter and the settings you choose. You remain responsible for the accuracy of your books, returns and statutory filings. Section 15 says more about this, and it matters.
10. Third-party services
The Services interoperate with services operated by others — including payment gateways and card terminals, cloud infrastructure, messaging and notification providers, artificial-intelligence services used for document reading, and face-comparison services used for attendance.
We select these carefully, but we do not control them. Your use of a third-party service is governed by that provider's own terms and privacy policy. We are not responsible for a third party's acts, omissions, outages, pricing, or changes to its service. If a third-party service becomes unavailable or changes materially, we will make reasonable efforts to provide an alternative, but cannot guarantee one.
Where you supply your own credentials for a third-party service — for example a payment gateway key belonging to your business — you are responsible for those credentials and for the charges and obligations that arise under them.
11. Confidentiality
Each party may receive confidential information of the other. Each will protect the other's confidential information with at least reasonable care, use it only for the purposes of this agreement, and disclose it only to those who need it and are bound by comparable obligations.
This does not apply to information that is public through no breach, was already known without restriction, is independently developed, or is lawfully received from a third party. A party may disclose confidential information where legally compelled, giving the other prompt notice where lawful so it can seek protection.
These obligations continue for three years after the agreement ends, and indefinitely for trade secrets and personal data.
12. Intellectual property
The Services, the Software, the Documentation, and all Fintabb names, logos, designs and content are owned by Fintabb or its licensors and are protected by Indian and international intellectual property law. Nothing in these Terms transfers any of it to you.
You must not use our trademarks without our prior written permission.
Feedback. If you send us suggestions, feature requests or other feedback, you grant us a perpetual, worldwide, irrevocable, royalty-free licence to use it without restriction or compensation. We are not obliged to keep feedback confidential, to act on it, or to pay for it. This does not give us any right to your Customer Data.
13. Your obligations and warranties
You represent, warrant and undertake that:
- you have the authority to enter into these Terms;
- the information you give us is accurate and complete;
- you will use the Services only for lawful business purposes and in compliance with all applicable law, including tax, accounting, employment and data-protection law;
- you have all rights, consents and lawful bases necessary for the Customer Data you put into the Services, including consent for biometric data where you enable face attendance;
- you will not exceed your licensed Authorised User count or deployment scope;
- you will keep your credentials, and the devices your people use, secure; and
- you will maintain your own backups of records you are legally required to retain.
14. Suspension
We may suspend your access, in whole or in part, immediately and without liability, where:
- fees are overdue and remain unpaid after notice;
- we reasonably believe the Services are being used unlawfully, fraudulently, or in a way that threatens the security, integrity or availability of the Services or another customer's data;
- we are required to by law or by a competent authority; or
- continued operation poses an immediate risk of harm.
Except where an immediate risk or a legal obligation requires otherwise, we will give you notice and a reasonable opportunity to fix the problem first. We will restore access promptly once the cause is resolved. Suspension does not extend your Term or entitle you to a refund where the cause was your breach.
15. Disclaimer of warranties — read this
We warrant that the Services will perform materially in accordance with the Documentation during the Term. If they do not, tell us; correcting the defect, or refunding the unused portion of your Term if we cannot correct it within a reasonable time, is your exclusive remedy for a breach of this warranty.
Otherwise, and to the fullest extent permitted by law, the Services are provided "as is" and "as available", without warranty of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, quality, accuracy, title or non-infringement.
In particular, we do not warrant that:
- the Services will be uninterrupted, timely, secure or error-free;
- every defect will be corrected;
- the Services will meet your particular requirements; or
- results, calculations or reports obtained from the Services are accurate or complete.
Fintabb does not provide accounting, tax, legal or financial advice. The Services are tools. The figures they produce depend entirely on the data you enter, the settings you choose, and the statutory rates and rules in force. You are responsible for reviewing and verifying every figure before you rely on it, file it, or publish it — including GST returns, invoices, ledgers, payroll and attendance records. Where the law requires a professional to certify or file on your behalf, engage one. We are not responsible for any penalty, interest, assessment, disallowance or reputational consequence arising from your reliance on output you did not verify.
Some jurisdictions do not allow the exclusion of certain warranties, in which case the exclusions above apply to the maximum extent permitted.
16. Limitation of liability — read this
Nothing in these Terms limits either party's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot lawfully be limited.
Subject to that:
16.1 Excluded losses. Neither party is liable for any indirect, incidental, special, punitive or consequential loss, or for loss of profit, revenue, business, goodwill, anticipated savings, or loss or corruption of data, however caused and whether or not it was foreseeable, even if the party was advised of the possibility.
16.2 Cap. Each party's total aggregate liability arising out of or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the total fees you actually paid to Fintabb for the Services in the twelve (12) months immediately before the event giving rise to the claim.
16.3 One cap, not one per claim. The cap in 16.2 is an aggregate limit across all claims arising under or in connection with this agreement, however many claims are brought, whoever brings them, and whether they arise from one event or several. It is not a per-claim or per-incident limit, and it does not reset.
16.4 Data loss where we do not hold the data. In the On-Premises arrangement we neither host nor hold any copy of your data. We therefore have no liability whatsoever for the loss, corruption, unavailability or destruction of data in that arrangement, from any cause. Maintaining and testing backups there is your responsibility under Section 4.2.
16.5 Losses we do not accept responsibility for, in either arrangement. Without limiting 16.1, we are not liable for: any tax, duty, interest, penalty, assessment, disallowance, prosecution or regulatory action arising from your records, your returns or your filings; any loss arising from figures you did not verify before relying on them (Section 15); any loss arising from your own data entry, configuration or settings; any loss arising from your hardware, network, devices, payment terminals or third-party services; any loss arising from your failure to keep credentials secure; or any loss arising from your failure to export and retain records you are required by law to keep.
16.6 Exceptions to the cap. The cap in 16.2 does not apply to your obligation to pay fees, to either party's breach of Section 11 (Confidentiality), or to your breach of Section 5 (licence restrictions) or Section 17 (indemnity).
16.7 Time bar. No claim may be brought under this agreement more than twelve (12) months after the party bringing it first became aware, or ought reasonably to have become aware, of the facts giving rise to it. Any claim not brought within that period is irrevocably waived, to the extent the law permits.
16.8 Claims against individuals. You agree to bring any claim arising out of this agreement against Elite Ensemble alone, and not against its partners, officers, employees, contractors or agents personally.
16.9 Allocation of risk. You acknowledge that the fees reflect this allocation of risk, that the limits in this Section are a fundamental basis of the bargain between us, and that we would not provide the Services at these prices without them. These limits apply even if a remedy fails of its essential purpose.
17. Indemnity
You will indemnify and hold harmless Fintabb, its partners, officers, employees and contractors against any loss, damage, liability, cost or expense (including reasonable legal fees) arising from a third-party claim relating to: your Customer Data; your use of the Services in breach of these Terms or of applicable law; your failure to obtain a necessary consent or lawful basis, including for biometric data; or your infringement of a third party's rights.
We will indemnify you against a third-party claim that the Software, used in accordance with these Terms and the Documentation, infringes that third party's Indian intellectual property rights, and will pay damages finally awarded or agreed in settlement — provided you notify us promptly, give us sole control of the defence and settlement, and give reasonable assistance. If such a claim is made or is likely, we may at our option procure the right for you to continue, modify the Software so it is non-infringing, or terminate the affected Licence and refund the unused portion of the Term. This is your sole and exclusive remedy for intellectual-property infringement. It does not apply where the claim arises from your modification of the Software, from combining it with anything we did not supply, from your Customer Data, or from your use after we told you to stop.
18. Termination, and what happens to your data
By you. You may stop using the Services at any time. Cancellation and refund entitlements are governed by the Refund Policy and the Purchase Options Cancellation Policy.
By either party for cause. Either party may terminate immediately on written notice if the other commits a material breach and fails to remedy it within 30 days of written notice, or becomes insolvent, enters liquidation or has a receiver appointed.
By us. We may terminate a Licence at the end of its Term by giving notice before the Term ends. We may terminate immediately where you materially breach Section 5 (licence restrictions), where required by law, or where your use presents an immediate and serious risk.
On termination or expiry:
- your right to use the Services ends immediately;
- you must pay all fees accrued up to the date of termination;
- you have 30 days to export your Customer Data (Hybrid). In the On-Premises arrangement your data remains on your own servers and is unaffected; what ends is your right to use the Software and your entitlement to updates and support;
- after that 30-day period we may delete Customer Data from our live systems. Copies may persist in routine backups for a further period until those backups expire in the ordinary cycle, and we may retain what the law requires us to retain;
- Sections 9, 11, 12, 15, 16, 17, 18, 19, 20 and 21 survive.
Deletion on request. You may ask us in writing to delete Customer Data sooner. We will do so within 30 days, except where we must keep it by law.
19. Force majeure
Neither party is liable for failure or delay caused by an event beyond its reasonable control — including act of God, flood, fire, earthquake, epidemic or pandemic, war, terrorism, civil unrest, strike, government action, failure of a public telecommunications network, power failure, or the failure of an upstream cloud or internet provider. The affected party will notify the other and use reasonable efforts to resume. This does not excuse an obligation to pay money already due. If the event continues for more than 60 days, either party may terminate the affected Licence, and we will refund the unused portion of the Term.
20. Governing law, jurisdiction and disputes
Governing law. These Terms and any dispute arising out of or in connection with them, including non-contractual disputes, are governed by the laws of India.
Escalation first. Before starting arbitration, the parties will try in good faith to resolve the dispute by discussion between senior representatives for 30 days after written notice of the dispute.
Arbitration. Any dispute not resolved in that period will be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by agreement between the parties, or failing agreement within 30 days, appointed in accordance with that Act. The seat and venue of arbitration is Noida, Uttar Pradesh, India, and the language is English. The award is final and binding.
Courts. Subject to the arbitration clause, the courts at Gautam Buddh Nagar, Uttar Pradesh, India have exclusive jurisdiction. Either party may apply to any court of competent jurisdiction for urgent interim or injunctive relief, including to protect confidential information or intellectual property.
No class actions. Disputes will be resolved individually. Neither party may bring a claim as a representative or class member, or consolidate claims, without the other's written consent.
21. General
Entire agreement. These Terms, together with the policies they reference and your Order, are the entire agreement between us, and supersede all prior discussions, proposals and agreements on the same subject. Where an individually negotiated written agreement signed by both parties conflicts with these Terms, that agreement prevails to the extent of the conflict.
No reliance. Each party agrees it has not relied on any statement not set out in these Terms.
Changes to these Terms. We may amend these Terms. We will post the revised version at https://fintabb.com/policies/terms-of-service and update the "Last updated" date. For a material change we will give at least 30 days' notice by email or in-product notice, and the change will take effect at your next renewal or at the end of that notice period, whichever is later. If you do not accept a material change, your remedy is to stop using the Services before it takes effect and ask for a pro-rata refund of the unused Term.
Assignment. You may not assign or transfer this agreement without our prior written consent, except to a successor of your entire business by merger or sale of substantially all assets, on written notice to us. We may assign it to an affiliate or to a successor of our business.
Subcontracting. We may use subcontractors and service providers to deliver the Services, and remain responsible for their performance.
Notices. Notices to you go to the email address on your account. Notices to us go to support@fintabb.com, and for legal notices also by post to Elite Ensemble, Office No. 1918, 19th Floor, Tower A, Spectrum Mall Phase 1, Sector 75, Noida, 201301, Uttar Pradesh, India. Email notices are treated as received on the next working day.
Severability. If a provision is held unenforceable, it is modified to the minimum extent needed to make it enforceable, or severed, and the rest continues in force.
Waiver. A failure or delay in enforcing a right is not a waiver of it.
No partnership. Nothing creates a partnership, joint venture, agency or employment relationship.
Third-party rights. No one other than the parties has any right to enforce these Terms.
Publicity. We may identify you as a customer by name and logo on our website and in marketing materials. You may withdraw that permission at any time by writing to support@fintabb.com, and we will stop within a reasonable period.
Language. These Terms are in English, which governs in the event of any translation conflict.
Headings are for convenience only and do not affect interpretation.
22. Contact
Elite Ensemble (trading as Fintabb) Office No. 1918, 19th Floor, Tower A, Spectrum Mall Phase 1, Sector 75, Noida, 201301, Uttar Pradesh, India GSTIN: 09AALFE2562J1Z5 Email: support@fintabb.com Phone: +91 96675 69002