Terms of Service

1. Nature of Service — Neutral Platform Disclaimer

GHALLA is a digital ledger utility tool designed to help small business owners record and manage their day-to-day financial transactions through voice and text input. GHALLA is NOT a bank, non-banking financial company (NBFC), payment gateway, chartered accountancy firm, tax advisor, or financial institution of any kind. We do not process, hold, transfer, or settle any monetary funds on behalf of any user.

GHALLA acts purely as a technology intermediary within the meaning of Section 2(1)(w) of the Information Technology Act, 2000. We provide a neutral platform for users to digitize their own business records. We do not initiate, verify, validate, endorse, or guarantee the accuracy, legality, or tax compliance of any data entered by any user. The content of all ledger entries is created solely by the user and remains the sole responsibility of the user.

2. Binding Agreement, Acceptance, and Eligibility

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of a business entity ("you", "User") and GHALLA Technologies Pvt Ltd ("Company", "we", "us", or "our"), concerning your access to and use of the GHALLA application and https://ghalla.in website. By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by all of these Terms.

Eligibility: You must be at least 18 years of age to use the Services. By using GHALLA, you represent and warrant that you are of legal age to form a binding contract under the Indian Contract Act, 1872. If you do not meet this requirement, you must not access or use the Services.

3. User Responsibility, Legal Compliance & WhatsApp Communications

The User is solely and entirely responsible for:

• The accuracy, completeness, and legality of all data, transactions, ledger entries, customer names, amounts, and any other information entered into the GHALLA application.
• Ensuring that all recorded transactions comply with applicable Indian laws, including but not limited to the Income Tax Act, 1961; the Goods and Services Tax Act, 2017; the Prevention of Money Laundering Act, 2002 (PMLA); and the Foreign Exchange Management Act, 1999 (FEMA).
• Customer Consent for WhatsApp: Obtaining explicit, prior consent from your customers before adding their phone numbers to GHALLA or instructing GHALLA to send them WhatsApp payment reminders, SMS, or any other communications. You acknowledge that GHALLA acts merely as the technical sender on your behalf, and you assume full liability for any complaints regarding spam or unauthorized communication.
• Maintaining proper books of accounts as required under applicable law and filing all necessary tax returns.

GHALLA provides no warranty that the Service is suitable for accounting, tax filing, statutory audit, or legal compliance purposes. Users should consult a qualified Chartered Accountant or legal professional for such matters.

4. Prohibited Conduct

By using GHALLA, you expressly agree that you shall NOT use the Services to:

• Record, facilitate, conceal, disguise, or launder any illegal transactions, unaccounted income ("black money"), or proceeds of crime as defined under the PMLA, 2002.
• Evade or assist in the evasion of any taxes, duties, or levies imposed by the Government of India or any State Government.
• Facilitate hawala transactions, benami transactions, or any activity prohibited under the Benami Transactions (Prohibition) Act, 1988.
• Record transactions involving prohibited or controlled substances, counterfeit goods, or any items whose sale or possession is illegal under Indian law.
• Engage in any activity that violates the Foreign Exchange Management Act, 1999 (FEMA) or any RBI guidelines.
• Harass, threaten, or defame any person through the use of customer records or communication features.
• Use the Services in any manner that could damage, disable, overburden, or impair the platform.

GHALLA reserves the right to suspend, terminate, or permanently delete any account that is found to be in violation of these prohibited conduct clauses, with or without prior notice.

5. Strict No-Refund Policy

ALL PAYMENTS ARE FINAL. GHALLA offers premium features and subscriptions. Because our Services are delivered digitally and instantly, WE ENFORCE A STRICT, ABSOLUTE NO-REFUND POLICY. Once a payment is processed and successful, under absolutely no circumstances will a refund be granted. This includes, but is not limited to, partial usage of a billing period, dissatisfaction with the Services, accidental purchases, or failure to cancel a subscription prior to renewal. By making a payment to GHALLA, you explicitly acknowledge and agree that your payment is entirely non-refundable. For full details, see our Refund & Cancellation Policy.

6. Disclosure of Data to Government Authorities

In compliance with Indian law, GHALLA may be required to disclose user data, including but not limited to transaction records, account information, device identifiers, IP addresses, and audit logs, to law enforcement agencies, regulatory bodies, courts, or government authorities. Such disclosure will be made:

• Upon receipt of a valid legal order, court order, warrant, summons, or notice issued under applicable law including but not limited to Section 91 of the Code of Criminal Procedure, 1973 (CrPC); Section 69 of the Information Technology Act, 2000; or any order from a competent court or tribunal.
• To comply with directions issued by the Enforcement Directorate (ED), Income Tax Department, Central Bureau of Investigation (CBI), National Investigation Agency (NIA), or any other authorized agency.
• Where we believe in good faith that such disclosure is necessary to prevent fraud, protect public safety, or protect the rights and property of GHALLA.

By using the Services, you acknowledge and consent to such disclosures. GHALLA shall not be liable to you or any third party for any disclosure made in compliance with applicable law.

7. Indemnification

You agree to indemnify, defend, and hold harmless GHALLA Technologies Pvt Ltd, its founders, directors, officers, employees, agents, partners, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, penalties, and expenses (including but not limited to attorney's fees) arising from or related to:

• Your use of the Services and any data you enter into the application.
• Your violation of any term of these Terms of Service.
• Your violation of any applicable law, including tax laws, PMLA, FEMA, or any other statute.
• Any claim by a third party, customer, government authority, or regulatory body arising from your transactions or data recorded using GHALLA.
• Any investigation, inquiry, notice, or proceeding initiated by the Income Tax Department, Enforcement Directorate, GST authorities, or any other government body in relation to your data on the platform.

This indemnification obligation shall survive the termination of your account and these Terms.

8. Disclaimer of Warranties & Limitation of Liability

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LIMITATION: IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR LOSS OF BUSINESS OPPORTUNITY ARISING FROM YOUR USE OF THE SERVICES. Our total aggregate liability to you for any cause whatsoever shall be limited to the total amount paid by you to us during the one (1) month period immediately preceding the cause of action.

9. Account Termination & Suspension

GHALLA reserves the right to suspend or terminate any user account, without prior notice, under the following circumstances:

• Upon receipt of a directive from a court of law, law enforcement agency, or regulatory authority.
• If we have reasonable grounds to believe the account is being used for prohibited activities as described in Section 4.
• Violation of any provision of these Terms of Service.
• Non-payment of subscription fees, if applicable.

Upon termination, your right to use the Services will immediately cease. We may retain certain data as required by law or for legitimate business purposes, including audit logs and consent records, for a period of up to 5 (five) years following termination.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts at Ajmer, Rajasthan, India. The Parties hereby irrevocably consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.