1. Acceptance of Terms
By accessing and using the OptoSoft Optical Retail Software POS Mobile Application (the "Application") and related services, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use our services. These terms constitute a legally binding agreement between you and OptoSoft Optical Retail Software ("Company," "we," "us," or "our").
2. Jurisdiction and Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of India, and all matters shall be subject to the exclusive jurisdiction of the Ahmedabad Courts. Both parties consent to the jurisdiction and venue of the courts located in Ahmedabad, India.
3. Intellectual Property Rights
3.1 Ownership of Software
The Application and all associated software, code, documentation, and intellectual property are the exclusive property of OptoSoft Optical Retail Software. All rights are reserved. The software is licensed to you, not sold. You do not own the Application; you have a limited license to use it in accordance with these Terms.
3.2 User License
We grant you a non-exclusive, non-transferable, revocable license to use the Application for your internal business purposes only. You may not:
- Reproduce, duplicate, copy, or sell the Application
- Reverse engineer, decompile, or disassemble the software
- Remove or alter any proprietary notices or labels
- Rent, lease, or lend the Application
- Use the Application for any illegal or unauthorized purpose
4. Pricing and Payment Terms
4.1 Price Changes: OptoSoft Optical Retail Software reserves the right to change software prices, subscription fees, and charges at any time without prior notice. Price changes will apply to new subscriptions and, with 30 days' notice, to renewal subscriptions.
4.2 Payment Methods: All payments must be made in favor of "Maruti Software Solutions" through:
- Bank Transfer (NEFT/RTGS/IMPS)
- Demand Drafts (DD) or Bank Cheques
- Online Payment Gateway (if available)
- Credit/Debit Card through authorized processors
4.3 Advance Payment Required: Renewal and fixed charges must be paid in advance without fail. The Company reserves the right to suspend or revoke services immediately if payment is not received by the due date.
5. Support and Maintenance
5.1 Internet Connection Required: Support and training services require a stable internet connection. If internet is not available or is interrupted, the support agreement becomes void by default, and the Company is not liable for service disruptions.
5.2 Support Availability: Standard support includes:
- Maximum 30 minutes of free support per day
- Support hours: 10:00 AM to 7:00 PM IST (Indian Standard Time)
- Available on weekdays (Monday to Friday)
- Not available on Indian national holidays or company holidays
5.3 Support Exclusions: Support does not include:
- On-site training or consulting
- Travel and visiting charges
- Custom development or feature requests (chargeable separately)
- Issues caused by user error or third-party software
6. Customization and Development
6.1 Customization Charges: Customization services are available on a chargeable basis. Customizations can only be implemented if:
- They are technically feasible within our environment
- Written confirmation and scope agreement are received
- Advance payment (100%) is received before development begins
6.2 Development Rate: Standard development charges are $25 USD per hour. Complex projects may have different pricing based on requirements and effort estimation.
7. Data Import and Migration
Data Import Service Charges: Importing data from other software systems is a chargeable service:
- Standard rate: $200 USD per database table
- Complex or corrupted data may incur additional charges
- Data validation and quality assurance are the client's responsibility
8. Additional Reports and Features
8.1 Custom Reports: Extra reports beyond the standard package are provided based on request priority using a FIFO (First In, First Out) process.
8.2 Pricing:
- Minimum charge: $200 USD per report
- Additional charges may apply based on development time estimation
- Timeline depends on complexity and current workload
9. Implementation Support
Implementation Service Charges: If on-site or dedicated implementation support is required:
- Rate: $200 USD per day
- Standard implementation: 2-4 days
- Working schedule: 6 hours per day
- Client is responsible for providing workspace, meals, and local transportation
10. Training Services
10.1 On-Site Training
Charges:
- Rate: $1,000 USD per day
- Plus actual lodging and boarding expenses
- Standard training period: 2-4 days
- Working schedule: 6 hours per day
10.2 Complimentary Online Training
Eligibility: Clients with 5 or more store locations are entitled to 3 days of complimentary online training at no additional charge, subject to our training team's availability.
11. Limitation of Liability
To the maximum extent permitted by law, OptoSoft Optical Retail Software shall not be liable for:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, data, or business opportunities
- Damage to reputation or loss of goodwill
- Issues caused by user error, misuse, or third-party software
- Service interruptions due to internet connectivity issues
12. Disclaimer of Warranties
The Application is provided "AS IS" and "AS AVAILABLE" without warranties of any kind. We disclaim all warranties, expressed or implied, including:
- Merchantability and fitness for a particular purpose
- Non-infringement of third-party rights
- Uninterrupted or error-free service
- Data loss prevention or backup guarantees
13. Indemnification
You agree to indemnify and hold harmless OptoSoft Optical Retail Software from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your use of the Application in violation of these Terms
- Your breach of any provision of these Terms
- Your violation of applicable laws or regulations
- Infringement of third-party rights due to your use of the Application
14. Termination of Services
OptoSoft Optical Retail Software reserves the right to:
- Suspend services immediately if payment is not received on time
- Terminate the account for breach of these Terms
- Terminate services for illegal or unauthorized use
- Discontinue services with 30 days' written notice
Upon termination, all rights to use the Application cease immediately. The company is not obligated to delete or return your data after termination.
15. Data Backup and Recovery
While we implement reasonable security measures, OptoSoft Optical Retail Software is not responsible for:
- Data loss due to user error, system failures, or third-party interference
- Recovery of deleted or corrupted data
- Regular automated backups (recommend maintaining separate backups)
16. Modifications to Terms
Important: OptoSoft Optical Retail Software reserves the right to modify, amend, or update these Terms and Conditions at any time without prior notice. Your continued use of the Application following any changes constitutes your acceptance of the modified Terms.
17. Entire Agreement
These Terms and Conditions, along with our Privacy Policy, constitute the entire agreement between you and OptoSoft Optical Retail Software regarding the Application and supersede all prior and contemporaneous agreements, understandings, and negotiations.
18. Contact Information
For Questions or Concerns
Company Name: OptoSoft Optical Retail Software
Email: info@optosoft.in
Phone (India): +91-820-072-7974
Website: www.optosoft.in
Address: Ahmedabad, Gujarat, India
Legal Jurisdiction Notice: Any legal proceedings, disputes, or claims arising from these Terms and Conditions shall be governed by the laws of India and subject to the exclusive jurisdiction of courts in Ahmedabad, India. Both parties irrevocably consent to this jurisdiction.
Last Updated: January 2026
These Terms & Conditions are effective for all users of the OptoSoft Web & POS Mobile Application