Software License Agreement and Terms of Service

1. The parties and definitions

1. "Morya Digitech", "we", "us" means Morya Digitech, India, the owner and licensor of the Software, including its proprietor, successors and permitted assigns.
2. "Customer", "you" means the shop, firm or person that signs up for, buys a licence for, or uses the Software, and "User" means any person (owner, staff, cashier) who logs in under the Customer's account.
3. "Software" means MDFAST Counter POS in every form: the online service, the version installed on a shop PC, the website, admin tools, the Sticker & Labels Studio, the helper programs, their source code and object code, screens, designs, database structure, file formats, documentation, updates and new versions.
4. "Subscription" means the paid or trial period and plan for which the Customer may use the Software, as shown in the account or on the invoice. For a version installed on a shop PC, "Licence" means the right to use that installation as sold.
5. "Customer Data" means the business records the Customer enters: bills, customers, items, stock, expenses, payments and similar data.

2. Licence granted to you

1. Subject to this Agreement and to payment of the fees, Morya Digitech grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to use the Software during the Subscription or Licence term, only for the Customer's own internal business at the shop(s) named in the account, and only by its own Users.
2. The Software is licensed, not sold. No ownership passes to the Customer. All rights not expressly granted in this Agreement are reserved by Morya Digitech.
3. The plan bought decides which screens and features are available. Features outside the plan may be shown as locked and may not be used by any other means.

3. Ownership and intellectual property of Morya Digitech

1. The Software, including its source code, object code, structure, sequence, organisation, logic, screens, look and feel, database design, file formats, documentation and all updates, is the exclusive property of Morya Digitech and is protected as a literary work under the Copyright Act, 1957, and by the Information Technology Act, 2000, trade secret law and international treaties.
2. The names "MDFAST", "MDFAST Counter POS", "Morya", "Morya Digitech" and their logos are trade names and marks of Morya Digitech. The Customer may not use them except to identify the Software.
3. Any suggestion, idea or feedback the Customer gives about the Software may be used by Morya Digitech freely, without payment, and becomes part of Morya Digitech's property.
4. The source code of the Software is confidential. It is not provided to the Customer, and nothing in this Agreement gives a right to it.

4. What you must not do

The Customer and its Users shall not, and shall not allow anyone else to:

1. copy, modify, translate or make derivative works of the Software, except printing and exporting the Customer's own data through the Software's own functions;
2. reverse engineer, decompile, disassemble, decrypt or otherwise try to obtain the source code, algorithms or database design of the Software;
3. sell, resell, rent, lease, lend, sublicense, share, publish or transfer the Software or an account, or use it to run a service for other businesses;
4. share login details with any person outside the Customer's business, or let more shops use the account than the plan allows;
5. remove, hide or change any copyright, licence or ownership notice, or any invoice/footer text required by the Software;
6. bypass, disable or interfere with plan limits, licence checks, expiry, security features or access controls;
7. probe, scan or test the security of the Software or its servers, overload them, or upload viruses, malware or harmful code;
8. access the Software with robots or scripts, or copy its screens, texts or designs, to build or help build a competing product;
9. use the Software for any unlawful purpose, including false invoices, tax evasion, fraud or storing unlawful content.

Any breach of this clause ends the licence immediately and without refund. Morya Digitech may also seek damages, an injunction and other remedies, including under the Copyright Act, 1957 and sections 43 and 66 of the Information Technology Act, 2000.

5. Accounts, Users and security

1. The Customer is responsible for the accuracy of its signup details, for creating and removing Users, for keeping passwords secret, and for everything done under its account, including by its staff.
2. Each User must accept this Agreement before first use. The owner who signs up confirms that he or she is authorised to bind the business.
3. The Customer must inform Morya Digitech at once at moryadigisolutions@outlook.com if it suspects that a password or account has been misused.

6. Subscription, fees and taxes

1. Fees are as shown for the chosen plan and period at the time of purchase, are payable in advance, and are exclusive of GST, which is charged as applicable. A GST tax invoice is issued for every payment.
2. The free trial, if offered, is for evaluation, may be limited in time and features, and may be offered only once per business, email or mobile number.
3. When a Subscription ends or is not renewed, the account becomes view-only: the Customer can still see its records and take a backup but cannot create new bills until it renews.
4. Morya Digitech may change prices and plans for future periods with at least 15 days' notice by email or in the Software. A change does not affect a period already paid for.
5. Payments are processed by third-party payment gateways (such as Razorpay). Morya Digitech does not store card or bank details.
6. Cancellations and refunds are governed by the Cancellation & Refund Policy, which forms part of this Agreement.

7. Customer Data and personal data

1. The Customer owns its Customer Data. The Customer grants Morya Digitech a licence to host, copy, process and back up Customer Data only to provide, secure and support the Software.
2. For personal data of the Customer's own customers (names, mobile numbers, addresses, GSTIN) entered into the Software, the Customer is the Data Fiduciary and Morya Digitech acts as a Data Processor on its behalf under the Digital Personal Data Protection Act, 2023. The Customer is responsible for having a lawful basis and giving any notice required to those persons.
3. Morya Digitech handles personal data as described in the Privacy Policy, which forms part of this Agreement, and keeps Customer Data on servers located in India.
4. The Customer may export a backup of its data at any time from within the Software. After an account ends, Customer Data is kept for 90 days so that the Customer can renew or take a backup, and may then be deleted permanently, unless the law requires it to be kept longer.
5. Morya Digitech may use anonymous, aggregated usage statistics, which do not identify the Customer or any person, to improve the Software.
6. The Customer is responsible for keeping its own copies of data and files kept on its own PCs (print files, cut files, local backups).

8. Your responsibilities

1. The Customer is solely responsible for its bills, prices, tax rates, HSN/SAC codes, GST returns and compliance with the laws that apply to its business. The Software is a tool; its calculations and reports must be checked by the Customer or its accountant before they are relied on or filed.
2. The Customer must provide its own computers, printers, cutters, internet connection and browser that meet the stated requirements.

9. Service, updates and support

1. Morya Digitech will use reasonable efforts to keep the online Software available, but does not guarantee uninterrupted or error-free service. Planned maintenance, internet failures and failures of hosting or payment providers may cause interruptions.
2. Morya Digitech may update, change or remove features to improve the Software, for security, or to comply with law. Updates are part of the Software and are covered by this Agreement.
3. Support is given by email or WhatsApp during normal business hours, as described for the plan bought.
4. Third-party services used with the Software (hosting, payment gateways, email, Google Drive and others) are governed by their own terms. Morya Digitech is not responsible for them.

10. Confidentiality

Each party will keep the other's non-public information confidential and use it only for this Agreement. For the Customer this includes the Software's code, design, prices offered privately and any security information. This duty continues after the Agreement ends.

11. Disclaimer of warranties

The Software is provided "as is" and "as available". To the fullest extent permitted by law, Morya Digitech gives no warranty, express or implied, including any warranty of merchantability, fitness for a particular purpose, accuracy of results, uninterrupted operation or freedom from errors.

12. Limitation of liability

1. Morya Digitech shall not be liable for any indirect, incidental, special, consequential or punitive loss, or for loss of profits, revenue, business, goodwill or data, however caused, even if advised of the possibility.
2. Morya Digitech's total liability for all claims arising from or related to this Agreement or the Software shall not exceed the fees actually paid by the Customer to Morya Digitech for the Software in the three (3) months immediately before the event giving rise to the claim.
3. Nothing in this clause limits liability that cannot be limited under Indian law.

13. Indemnity

The Customer will defend and indemnify Morya Digitech, its proprietor and staff against any claim, loss, penalty, tax demand or expense (including reasonable legal fees) arising from the Customer's data, its bills and tax filings, its breach of this Agreement or the law, or the acts of its Users.

14. Suspension and termination

1. Morya Digitech may suspend or switch off an account, with notice where reasonable, if fees are unpaid, if this Agreement is breached, if the account is a security risk to the service or other customers, or if required by law or an authority.
2. Morya Digitech may terminate this Agreement at once for breach of clauses 3, 4 or 10. The Customer may stop using the Software at any time.
3. On termination the licence ends, the Customer must stop using the Software, and clause 7.4 applies to Customer Data. Fees already paid are not refundable except as stated in the Cancellation & Refund Policy.
4. Clauses 3, 4, 7, 10, 11, 12, 13, 16 and 17 continue after termination.

15. Changes to this Agreement

Morya Digitech may update this Agreement. The new version will show its date, and every User will be asked to accept it at the next login. If the Customer does not accept the new version, it may stop using the Software, and clause 7.4 will apply.

16. Governing law, disputes and jurisdiction

1. This Agreement is governed by the laws of India.
2. The parties will first try to settle any dispute by discussion within 30 days of written notice. A dispute not settled shall be referred to arbitration by a sole arbitrator appointed by mutual agreement of the parties, or failing agreement, in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be the city of the registered office of Morya Digitech, and the proceedings shall be in English.
3. Subject to the above, the courts at the city of the registered office of Morya Digitech shall have exclusive jurisdiction. Morya Digitech may seek urgent injunctive relief in any competent court to protect its intellectual property.

17. General

1. Entire agreement: this Agreement with the Privacy Policy, the Cancellation & Refund Policy and the order/invoice is the whole agreement and replaces earlier discussions.
2. Severability: if a part is found invalid, the rest stays in force, and the invalid part is replaced by a valid term closest to its intent.
3. Assignment: the Customer may not transfer this Agreement without written consent. Morya Digitech may transfer it to a successor of its business.
4. Force majeure: neither party is liable for delay caused by events beyond reasonable control, such as natural disasters, epidemics, war, government action, power or internet failure, or failure of hosting providers (payment obligations excepted).
5. Notices: notices to the Customer may be sent to the registered email or shown in the Software. Notices to Morya Digitech go to moryadigisolutions@outlook.com.
6. No waiver: not enforcing a right at one time does not waive it.
7. Electronic records: the Software's logs and acceptance records are admissible as electronic records.

18. Contact

Morya Digitech, India · Email: moryadigisolutions@outlook.com · Phone / WhatsApp: +91 92702 33319