Yuwasoft Technologies Pvt. Ltd. and/or its affiliates (“Yuwasoft”) are willing to provide access to Kishan Care ERP and related services to you, as the company or entity using it (“Customer”), if you agree to all the terms in this Agreement. By accepting this Agreement on behalf of an entity or organization, you confirm that you have the authority to bind that entity or organization to these terms.
Both Customer and Yuwasoft are referred to individually as a “Party” and together as the “Parties”.
Please read this Agreement carefully. By agreeing electronically or using Kishan Care ERP, you accept these terms. If you do not agree, do not proceed with the acceptance or use of the Service.
Description of Service
Yuwasoft provides Kishan Care ERP, a cloud-based ERP platform designed to streamline dairy, cooperative, accounting, inventory, billing, production, and business management operations.
Our services may include, but are not limited to, milk collection management, FAT/SNF-based pricing, farmer and party ledgers, accounting and bookkeeping, invoicing and billing, IRD billing compliance, inventory management, production management, payment tracking, document management, reporting, analytics, and related business tools.
Access to certain features may be limited based on your subscription plan. You will only be able to use the features included in the subscription you have purchased. The scope of our Services may evolve, and any significant changes will be communicated in accordance with our Terms of Service.
Registration Data and Privacy
In order to access some of the Services, you may be required to create an account and password by completing our online registration form. You agree that all information provided during registration is true, accurate, current, and complete. You also agree to maintain and update this information as required.
Organization Accounts and Administrators
When you sign up for an account for your organization, the initiating user automatically becomes the administrator. The administrator has the right to configure the Services according to your requirements and manage end users in your organization account.
If your organization account is created or configured on your behalf by a third party, it is likely that such third party has assumed an administrator role for your organization. You should enter into a suitable agreement with such a third party specifying their roles and restrictions as an administrator of your organization account.
You are responsible for:
- Ensuring the confidentiality of your organization account password.
- Appointing competent individuals as administrators for managing your organization account.
- Ensuring that all activities occurring under your organization account comply with this Agreement.
Yuwasoft is not responsible for account administration and internal management of the Services for you. You are responsible for taking the necessary steps to ensure that your organization does not lose control of administrator accounts.
Changes to the administrator role can only be made by Yuwasoft. To request a change, the current administrator must email support@kishancare.com from the email address registered at the time of account creation. If this email address is unavailable, we may request additional legal documents to verify the organization’s ownership before making the change.
Computerized Billing Compliance
If you subscribe to our computerized billing or IRD billing features, both parties agree to comply with all requirements set by the Inland Revenue Department of Nepal, including adherence to the terms, conditions, and updates issued by the department.
Failure by either party to meet these requirements may result in fines and penalties. Each party agrees to indemnify the other for losses or damages incurred due to the other party’s non-compliance. For more details, please refer to the Electronic Billing Procedure, 2074.
Subscription and Renewals
The Customer shall pay subscription fees in advance without any deduction or set-off, except for applicable tax withholding. An invoice will be generated only after advance payment of the subscription fee.
Without prejudice to the Customer’s rights set out elsewhere in this Agreement, all subscription fees are non-refundable and payable in advance.
From time to time, we may change the price of any Service or charge for Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then-current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
To provide continuous service, we automatically renew all paid subscriptions on the date such subscriptions expire. Renewals will be for the same duration as the original subscription term, unless otherwise agreed. By entering into this Agreement, you authorize Yuwasoft to renew your subscription automatically. If you do not wish to renew your subscription, please contact Yuwasoft support before the expiry of your current subscription.
Except as otherwise stated in this section, you may cancel your paid subscription at any time during the subscription term or renewal period by completely cancelling the account.
If you cancel your subscription, the subscription will terminate, and you will not receive any refund for unused days of the subscription term.
Trademark
Yuwasoft Technologies Pvt. Ltd., Kishan Care ERP, Kishan Care, the Yuwasoft logo, the Kishan Care logo, and the names and logos of individual Services are trademarks or service marks of Yuwasoft Technologies Pvt. Ltd.
You agree not to display or use these trademarks without prior written permission from Yuwasoft.
Confidential Information
We will not disclose your Confidential Information to any third party without your prior written consent, except as required by law or as necessary for the provision of the Services. In such cases, we will make reasonable efforts to notify you in advance, unless prohibited by law.
Our obligation to protect your Confidential Information will continue even after the termination of your use of our Service. We will implement appropriate technical and organizational measures to safeguard your information against unauthorized access, loss, or theft.
You also agree to keep any information we provide to you, which is marked as confidential or should reasonably be understood to be confidential, strictly confidential and to use it only for the purpose for which it was disclosed.
Data Security, Backup and Recovery
Yuwasoft will implement and maintain appropriate technical and organizational measures to protect Customer data from unauthorized access, cyber-attacks, and data breaches within its systems and infrastructure.
Yuwasoft will maintain regular backups of Customer data to protect against data loss due to system failures, cyber-attacks, or other incidents. These backups will be used solely for restoration purposes in the event of verified data loss.
If Yuwasoft becomes aware of a confirmed or suspected data breach or unauthorized access affecting Customer data, Yuwasoft will notify the Customer without undue delay, including details of the incident, remedial actions taken, and expected resolution timelines.
Yuwasoft’s liability for any data loss, breach, or failure to restore data shall be subject to the Limitation of Liability clause set forth in this Agreement.
Data Ownership and Disclosure
You own all your business, customer, farmer, supplier, accounting, inventory, production, and transaction data entered and used in connection with Kishan Care ERP.
We do not claim any rights, proprietary or otherwise, over any data or information you may use or disclose in connection with Kishan Care ERP. However, there may be circumstances where we are required to disclose data, such as:
- To comply with any legal, governmental, or regulatory requirement.
- To comply with a court order.
If we are required to disclose your data or information, we will use reasonable efforts to provide you notice where appropriate and legally permitted.
Data Access and Retention Upon Non-Renewal or Termination
In the event of non-renewal or termination of Services, Yuwasoft will not be liable for any data loss incurred by the Customer.
Upon expiration of the subscription, Yuwasoft will provide a grace period of at least one month for Customers to access and retrieve their data. After this period, Yuwasoft is no longer responsible for maintaining or storing the Customer’s data, which may be permanently deleted.
For terminated accounts, data will be deleted within 60 days of notifying the client. If the client cannot be reached, data will be automatically deleted after 120 days.
Clients subject to IRD billing compliance will have their data deleted only after obtaining approval from relevant tax authorities. While Customers can request data deletion on demand, this option is not available for IRD-compliant clients due to regulatory requirements.
Yuwasoft may offer a read-only subscription plan for clients who wish to continue accessing their data after termination.
Force Majeure
Neither party shall be held liable for delay or failure in performance of this Agreement due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, power failures, server failures, third-party service provider failures or service interruptions, embargoes, labour disputes, lockdowns, strikes, riots, war, floods, insurrections, legislative changes, governmental actions, or other unforeseen events.
The party affected by such an event shall be excused on a day-to-day basis for the period of time equal to the delay caused by the underlying event.
Restriction on Use
You must use Kishan Care ERP responsibly and in a way that does not harm, disrupt, or negatively impact other users.
Use of automated tools, scripts, or any methods that interfere with the normal operation of Kishan Care ERP or affect other users is strictly prohibited.
We reserve the right to suspend or terminate your access without notice if we reasonably believe your actions compromise the trust, security, or functionality of the platform or its users.
You also agree to be fully responsible for and to cover any damages, losses, or costs arising from your inappropriate use of Kishan Care ERP.
Terms and Termination
This Agreement is effective as of the Effective Date and continues until the expiration of all subscription terms, unless terminated earlier as specified herein.
You may choose to stop using the Software and terminate this Agreement at any time by providing written notice to Yuwasoft. However, you will not be entitled to a refund of any prepaid fees.
If you have not yet paid all applicable fees for the current subscription term or related Services period, any outstanding fees will become immediately due and payable.
Limitation of Liability
To the maximum extent permitted by law, Yuwasoft Technologies Pvt. Ltd. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses resulting from your use of the Service.
Indemnification
Each party agrees to defend, indemnify, and hold the other party and its affiliates harmless from and against all liabilities, claims, and expenses, including attorney fees, arising out of or related to any misuse, negligence, or breach of obligations under this Agreement by the indemnifying party.
End of Terms of Service
If you have any questions or concerns regarding this Agreement, please contact us at hello@kishancare.com
