Terms and Conditions

1. Introduction and Acceptance

Welcome to Pomodore, a practice management, task and team management platform provided by Pomodore Software Solutions LLP, a limited liability partnership with its base in Ernakulam, Kerala, India ("Pomodore", "we", "our", "us"). These Terms and Conditions are an electronic record under the Information Technology Act, 2000 and the rules made under it, and do not require any physical or digital signature.

By creating an account, subscribing to or using Pomodore, you confirm that you have read, understood and agree to be bound by these Terms and Conditions, our Privacy Policy, Refund Policy and Shipping Policy. If you do not agree, please do not use our service.

If you use Pomodore on behalf of a firm or other organisation (a "Customer"), you confirm that you are authorised to bind that organisation to these terms.

2. Eligibility

• 2.1 Legal capacity: Pomodore is a business-to-business service. You must be at least 18 years of age and competent to enter into a binding contract under the Indian Contract Act, 1872.
• 2.2 Accurate details: You agree to provide accurate, current and complete registration details and to keep them updated.

3. Subscription, Fees and Taxes

• 3.1 Subscription: Pomodore is a subscription-based service. Upon subscribing, users gain access to the platform for the duration of their subscription period. Plans, features and prices are as shown on our pricing page or in your order at the time of purchase.
• 3.2 Renewal: The subscription will automatically renew at the end of each billing period unless cancelled before the renewal date. Where renewal is charged through a recurring payment mandate, it is processed in line with the Reserve Bank of India's directions on recurring online payments, including advance notification of the upcoming charge and your ability to withdraw the mandate.
• 3.3 Taxes: Prices are stated in Indian Rupees unless mentioned otherwise. Applicable taxes, including Goods and Services Tax (GST), are charged as per law and shown on your tax invoice. You are responsible for providing correct GST and billing details.
• 3.4 Non-payment: If a payment fails or remains overdue, we may suspend or restrict access to the service after reasonable notice until the amount is paid.

4. Licence and Usage

• 4.1 Licence: As a subscribed user, you are granted a limited, non-exclusive, non-transferable, revocable licence to use Pomodore for your internal business purposes in accordance with these Terms and Conditions.
• 4.2 Restrictions: You may not copy, modify, reverse engineer, resell, sublicense or provide the service to third parties as a competing service, or attempt to gain unauthorised access to the platform or its infrastructure.
• 4.3 Intellectual property: Pomodore, its software, design, logos and documentation are owned by Pomodore Software Solutions LLP or its licensors and are protected under the Copyright Act, 1957, the Trade Marks Act, 1999 and other applicable laws. No rights are transferred to you except the licence granted above.

5. Your Data and Data Protection

• 5.1 Data ownership: You retain ownership of all data you submit to Pomodore ("Customer Data"). You grant Pomodore the right to host, use, process and store Customer Data only as necessary to provide, secure and support the service and as described in our Privacy Policy.
• 5.2 Roles under the DPDP Act: For personal data of your clients, employees and other individuals that you enter into Pomodore, you act as the Data Fiduciary and Pomodore acts as your Data Processor under the Digital Personal Data Protection Act, 2023 ("DPDP Act"). You decide the purpose and means of that processing; we process it only on your documented instructions and under these Terms, which form the contract required for engaging a Data Processor.
• 5.3 Your obligations as Data Fiduciary: You are responsible for giving the required notice to, and obtaining valid consent from (or relying on another lawful ground for processing for), the individuals whose personal data you upload, for the accuracy of that data, and for responding to requests from those individuals. You must not upload personal data that you have no right to process.
• 5.4 Our obligations as Data Processor: We will implement reasonable security safeguards, process Customer Data only for providing the service, not use it for our own marketing, assist you in responding to requests from data principals where reasonably possible, and notify you without undue delay of any personal data breach affecting your Customer Data.
• 5.5 No financial instrument storage: Pomodore does not store your credit or debit card, UPI PIN or bank account credentials. All payment transactions are handled by third-party payment processors that are subject to their own security and regulatory requirements.
• 5.6 Export and deletion: On request made before or within a reasonable period after termination, we will help you export your Customer Data. After that period, we will erase it, except where retention is required by law.

6. User Responsibilities

• 6.1 Account security: You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Tell us immediately at hello@pomodore.in if you suspect unauthorised use.
• 6.2 Compliance: You agree to use Pomodore in compliance with all applicable Indian laws and regulations, including the Information Technology Act, 2000, the DPDP Act and any professional or regulatory rules that apply to your practice.
• 6.3 Prohibited use: You may not use Pomodore to host, store, transmit or share any content that is unlawful, infringes intellectual property, is defamatory, obscene, harmful to minors, impersonates another person, contains malware, or is otherwise prohibited under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
• 6.4 Professional responsibility: Pomodore is a workflow and management tool. It does not provide accounting, audit, tax or legal advice, and you remain solely responsible for your professional work, filings and compliance deadlines.
• 6.5 Takedown and cooperation: We may remove or disable access to content, or suspend an account, where required by law, by order of a court or competent authority, or where we reasonably believe these Terms have been breached.

7. Suspension and Termination

• 7.1 By you: You may cancel your subscription at any time from your account or by writing to hello@pomodore.in. Cancellation takes effect at the end of the current billing period, subject to our Refund Policy.
• 7.2 By us: We may suspend or terminate your access if you materially breach these Terms, misuse the service, or where required by law. Where reasonably possible, we will give you notice and an opportunity to remedy the breach.
• 7.3 Effect: If your subscription ends or is terminated, your access to Pomodore will be revoked. You will not be able to use the service until a new subscription is purchased. Data handling after termination is governed by clause 5.6 and our Privacy Policy.

8. Warranty Disclaimer and Limitation of Liability

• 8.1 Service availability: Pomodore is provided on an "as is" and "as available" basis. We work to keep the service reliable but do not guarantee uninterrupted or error-free operation.
• 8.2 Limitation: To the maximum extent permitted by law, Pomodore is not liable for indirect, incidental, special or consequential damages, loss of profit, revenue or data arising from the use of the service, and our total aggregate liability is limited to the fees you paid for the service in the twelve (12) months preceding the claim.
• 8.3 Statutory rights: Nothing in these Terms excludes or limits any liability that cannot be excluded under applicable law, including your rights under the Consumer Protection Act, 2019 where applicable, or our obligations under the DPDP Act.
• 8.4 Force majeure: We are not liable for any failure or delay caused by events beyond our reasonable control, including natural disasters, government action, power or internet failures, or failures of third-party infrastructure.

9. Modifications to the Service and Terms

• 9.1 Service changes: We may modify, improve or discontinue features of Pomodore. If we discontinue the service as a whole, we will give subscribers reasonable prior notice and a refund for any prepaid period that has not been used.
• 9.2 Terms updates: We may update these Terms and Conditions. We will notify you of material changes by email or within the platform. Continued use of Pomodore after the effective date of the updates indicates your acceptance.

10. Grievance Redressal

If you have a complaint about the service, content on the platform, billing or data protection, please write to our Grievance Officer at hello@pomodore.in. We will acknowledge your complaint within 48 hours and aim to resolve it within 30 days, or within the period required by applicable law. Data protection complaints are handled as described in our Privacy Policy.

11. Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of India. The parties will first try to resolve any dispute amicably through good-faith discussion. Failing that, any dispute shall be subject to the exclusive jurisdiction of the courts at Ernakulam, Kerala, without prejudice to any right you may have under the Consumer Protection Act, 2019 to approach a consumer commission, or to any remedy available under the DPDP Act before the Data Protection Board of India.

12. General

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force. Our failure to enforce any right is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of the business. These Terms, together with the Privacy Policy, Refund Policy and Shipping Policy, are the entire agreement between you and Pomodore.

13. Contact Information

Pomodore Software Solutions LLP, Ernakulam, Kerala, India. If you have any questions, contact us at hello@pomodore.in.