License Agreement Terms
Acceptance of Terms
Thank you for choosing Hyper Drive Solutions Inc. Software. Please read these terms of service with care before using the products offered. This is a binding legal contract between Hyper Drive Solutions Inc. and the Individual or Legal entity identified below (Customer).
By installing, accessing or using the HDS software Products / Services, you acknowledge that you have read and understood these “Terms”, and are deemed to have agreed to these Terms on behalf of any person or entity for whom you are using the HDS software services.
If you do not agree with any of these terms, you are prohibited from using or accessing HDS Software Services / Products. All rights not explicitly granted to users in these Terms are reserved by HDS.
We may change these Terms from time to time and will endeavor to notify you of such changes via email or by displaying updated terms on our website. If you continue to use the HDS Services, your use will be governed by the updated Terms.
The contract is binding and cannot be canceled without written acceptance by HDS.
Software Terms and Conditions
Your software is licensed on a payment or subscription basis.
The customer should be aware of the full functionality of the Software they are purchasing from HDS. It is the customer’s responsibility to ensure that the software meets their entire specific needs.
It is not the responsibility of HDS to understand or act on any needs or requirements of the customer that have not been conveyed to HDS in writing and accepted by HDS in written.
HDS will not provide data entry service and will not make any changes to your data. We will not be doing your data transfer from any other software to our software system. You will need to take care of your data yourself.
HDS will not upload any data in your system. Information about creating initial data in our software products is provided on our website. Customers will need to create their own initial data in HDS software.
Customer is responsible for maintaining the security and backups of their database. HDS does not have access to your data and is not responsible for the loss of your data.
Customer is responsible for regular backup of their data and maintains a backup either on the Internet or on a device other than your main database computer. HDS is not responsible for recovering a customer’s loss or corrupt data.
HDS products get installed with SQLite in trial mode. Customers will have to shift to Microsoft SQL Server (Express or better) once you start to use the system in real-life situations.
Microsoft SQL Server is a product of Microsoft Corp. Customer will need to contact Microsoft for any unrecoverable errors in the SQL server database.
HDS products come with a default Login ID and Password. We strongly recommend that you change your password for the default login.
Any customization of reports or print formats like sales invoices, sticker sheets, or any other documents will be an additional cost.
Additional cost for reports or print formats will be decided by HDS on case to case basis.
All reports customization requirements will have to be submitted to HDS via emails.
HDS will not accept verbal report requirements or modifications. It will take 7-14 business days to prepare custom reports after the customer has signed off on requirements. Some complex reports can take longer.
After signing off, changes in requirements will be considered as a new report request.
We do not provide any services to validate your report data or mismatch of data between different reports. You will have to find the cause of discrepancies in your data, if any, by double-checking your data inputs and your delete/edit actions.
We do not support the design and print of Sales Invoice on Barcode Sticker Printers. We do not support preparing print formats for pre-printed stationery.
Any additional program scripts requested by a customer for further customization of our software will be charged additionally, depending on each case complexity.
Customer must provide an internet connection to the computer that is running our software at least once in 3 days to validate the license key.
The customer acknowledges and agrees that the Software is licensed, not sold. You agree neither to use nor permit any third party to use the Software in a manner that violates any applicable law, regulation or this Agreement.
You agree you will not:
Provide access to or give the Software or any part of the Software to any third party
Reproduce, duplicate, modify, copy, deconstruct, reverse-engineer, sell, trade or resell the Software.
Transfer your license to the Software to any other party.
Attempt unauthorized access to any other HDS systems that are not part of the Software.
Permit any third party to benefit from the use or functionality of the Software via a rental, lease, timesharing, service bureau, hosting service, or other arrangement or make the Software available on any file-sharing or application hosting service.
Our Software Products are provided to you without warranty of any kind. You are solely responsible for determining the appropriateness of our products and you assume all risks associated with the use of them, including but not limited to the risks of program errors, damage to or loss of data, unavailability or interruption of operations, suspension or termination the license key or this agreement.
Under no circumstances shall HDS be liable for any damages and loss of business or loss of profits.
We reserve the right to suspend or terminate your access to the sites and products and /or your account at any time for any or no reason.
All HDS software solutions are available on our website for a free trial with a detailed feature list. We do not offer any customization in addition to our current functionality.
Any claim relating to HDS Licensed Software shall be governed by the laws of the Bangalore, State of Karnataka.
Virus Protection Software and Firewall Software Warranty
Virus protection software and firewall software will block all applications trying to communicate over the network. If you are using such software, you will need to configure those to allow our applications’ network communications to go through.
Virus protection/firewall software may also cause performance impact as they take time to evaluate each packet going back and forth on the network.
All questions and queries involving any virus protection or firewall software will have to be taken to the respective vendors of such software. HDS is not liable to answer any queries regarding virus protection or firewall software.
Additional Suggested Hardware
We strongly recommend UPS power back up to all your computers. Make sure that in case of power failure, the systems are shutdown gracefully instead of abrupt shutdown. The abrupt shutdown can cause database corruption and operating system corruption and we will not be able to recover your data in such situations.
HDS recommends customers to have external Hard disc or internet cloud storage to take regular database backup. Computer hard disc can fail anytime and it is recommended that you maintain a copy of the database outside of your main computer.
Customers can either take a back up on an external hard disc or pen drive or set up a mechanism to upload the database to your cloud account like Dropbox, google drive, etc regularly.
Software License & Support
Your Software is licensed by subscription and the following terms apply unless HDS notifies you otherwise in writing. The following Software License & Support terms and conditions relate to the following POS Software products:
HDPOS smart Software – supplied on a subscription basis
HDSalon Software -supplied on a subscription basis
HDRestaurant Software – supplied on a subscription basis
HDPOS easy Software – supplied on a subscription basis
HDPOS lite Software – supplied on a subscription basis
HDERP software – supplied on a subscription basis
What “DOES” Software Annual License & Support Include?
This license will allow you to use software for a period that you have subscribed for.
This will include all telephone, email & remote login support. An internet connection must be available at a customer’s location for remote login support.
In person visit at a customer, location will be an additional charge and is not included in the license cost.
All software upgrades, for the specific product, are included in annual subscription license fees.
We have a support center at Bangalore, India. All support queries will be handled by our support center in India time zone.
Please check our website for our support timing.
We have a large knowledge base online that covers most of the features and questions in pdf and video format.
What “DOESN’T” Software Annual License & Support Include?
No On-site support/service.
Additional database programming is not included in annual license cost.
Data entry tasks like adding Item Stock or initial data etc are not included in annual license cost.
We do not validate your report data or match the data between different reports. You will have to find the cause of any discrepancies in your data by double checking your data inputs and your delete/edit actions.
HDS does not take responsibility for hardware fault/breakdown.
HDS does not take responsibility faults that occur in third-party software products that affect the functionality of the software supplied by HDS.
HDS does not support in any way the damage that might have occurred in customer’s data or software due to any computer virus and or spyware. This includes damage to either third-party software, such as Microsoft Windows, or software supplied by HDS.
Annual license fee does not include re-configuring and or performing system setup of a new computer or if Microsoft Windows has had to be re-installed or upgraded to an alternate version or the hard drive has had to be replaced.
It is advisable to contact HDS prior to purchasing a new computer to confirm suitable specifications.
It is advisable to contact HDS prior to purchasing new computer peripheral hardware or software to confirm suitable specifications.
Although actual software upgrades are supplied FREE of charge, there is a charge for on-site labor/ traveling time to perform the installation of these upgrades, if required. Software upgrades are normally done off-site via remote login (internet connection) where no charge would apply.
How Much Does Software Annual License & Support Cost?
The cost of your software annual license & support fee is dependent on the total number of computers that the software is installed on and the optional software modules that you are licensed to use.
Software annual license & support for the first year is included in the first invoice.
Software annual license & Support will be payable prior to the first-anniversary date to enable software license reactivation.
Annual software license & support fees maybe advised at the time of this contract but are subject to change without any further notice.
Should full payment become overdue then HDS reserves the right to deactivate software supplied. The customer accepts that HDS is not liable for any loss or damages this may cause.
If number of computers or modules are reduced, the change in price for the remaining systems will take effect from the next annual license renewal date. Annual software license fees will not be refunded even if the customer has not been using all licenses.
If new computer licenses or modules are added before the next license renewal date then AMC will be calculated on a prorated basis.
Current Single computer software annual license & support fees after the initial twelve months are (HDPOS Smart, HDSalon, HDRestaurant, HDPOS easy, HDSchool) :AMC: Installed on one computer, Rs. 4000 / USD 70
Current client-server software annual license & support fees after the initial twelve months are (HDPOS Smart, HDSalon, HDRestaurant, HDPOS easy, HDSchool) :AMC: Rs. 8000 (For two computers) / USD 140
Current additional client software annual license and support fees after the initial twelve months are (HDPOS Smart, HDSalon, HDRestaurant, HDPOS easy, HDSchool) :AMC: Rs. 2000 / USD 40 for every additional computer (based on number of clients)
Current Synch service annual license & support fees after the initial twelve months are (HDPOS Smart, HDSalon, HDRestaurant) :AMC: Rs. 5000 / USD 140
The current renewal cost for HDPOS lite: AMC: SA: Rs. 2000 (USD 40), CS: Rs. 4000 (USD 70), Additional Client: Rs. 500 (USD 10)
Current client-server software annual license & support fees after the initial twelve months for HDReports are AMC: Rs. 2000 (For two computers) / USD 40
Renewal cost of ERP will be 20% of sales value. There could be additional monthly support charges based on installation type.
Fees and Payments
- The subscription charged for use of the HDS Services are set out on the Website or as notified to you in the case of some exclusive plans.
- Payments for subscription plans are charged in advance on a monthly or annual basis and are non-refundable, including if you only use part of a month or year’s subscription for the HDS Services.
- Your subscription will be due to be renewed at the end of each subscription period unless you downgrade your paid subscription plan or inform us that you do not wish to renew the subscription.
- If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. We will not provide refunds in connection with the HDS Services.
- From time to time, we may change the price of any Service or charge for use of Services that are currently available at any time by giving you 30 days’ prior notice (by email to your registered email ID or by displaying a message the next time you use the HDS Services)
- 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.
- The new Fees will apply to you immediately if you choose to change your plan/package (or if you reactivate your plan after cancellation).
- If you are carrying out a free trial of the HDS Services (as offered on the Website or the Apps), the free trial will begin on the day that your account is opened and end at the end of the published trial period.
- If you wish to continue to use the HDS Services at the end of the free trial period, you will need to subscribe for the services.
- If you choose not to continue with the HDS Services, then your account (and all data associated with it) will be deleted after the end of your free trial.
- Unless otherwise stated, Fees are exclusive of all taxes, and you are responsible for any taxes that may arise.
- You indemnify and hold HDS harmless against any claims by any tax authority for any underpayment of any sales, use, goods, and services, value-added or other tax or levy, and any penalties and/or interest. If you are required to withhold or deduct tax from the subscription fees, you will pay HDS such additional amounts as are necessary to ensure receipt of the full amount which would have been received but for the deduction.
- Bank fees may be charged for currency conversion and international settlement; and your charge may still be subject to additional fees even if you are being charged by HDS in your local currency. If your credit card statement charge differs from your HDS invoice, please contact your bank in the first instance. HDS is not liable for any additional bank transaction fees that may be charged.
No refunds will be given. The license key once purchased is non-refundable. The license key cannot be transferred to another party.
All deposits paid are non-refundable.
No refunds or credits for subscription plan charges, fees, or payments will be provided to you if you elect to terminate your products plan or cancel your account prior to the end of your agreement date.
Following the termination or cancellation of your subscription, HDS reserves the right to close your account and delete any associated data in its normal course of operations.
Rs. 14,000/- ($ 250) one-time setup fees to start your cloud account. This is non-refundable and cannot be adjusted with any other license key.
One of the basic requirements for our cloud service is a good internet connection.
If you are at a location where getting at least 4 Mbps internet connection is not feasible HDS offers you the ability to work as a disconnected terminal.
In disconnected terminal mode you will start with data from the central database like price list, item list, stock, etc and prepare invoices on the local terminal without connection to the central server (offline).
At end of the day, at a suitable interval for you, with a single button click, you can send all your offline invoices to the server and update your local data with server updates that might have occurred when you were working offline.
Though disconnected terminal has the disadvantage of not giving you up to date information of your business, customers can still have centralized control and centralized view in a controlled fashion.
HDS suggests you use the online mode as long as possible to get the best benefits of cloud services.
HDS will backup your cloud database once a day every night. On the customer’s request, HDS can help in copying your database backup on your Dropbox account.
HDS is not responsible for your disconnected terminal database if you have not synched for more than 3 days.
You are responsible for maintaining the security and backups of your local database. We do not have access to your local and we are not responsible for the loss of your data due to your system failures.
- You should have purchased HDPOS SA / CS or our cloud solution for E-commerce to work.
- We provide a centralized server completely managed by us.
- You will have to purchase the domain name and give us credentials.
- You will have to register with payment gateway providers and provide us with an integration Kit.
- We recommend “CC-avenue, Payumoney, Square, Paypal” payment gateways. Any other new payment gateway could be an additional charge.
- Along with initial setup charges, we accept 3 months advance monthly cloud hosting payment for your e-commerce account to get started.
- We will update your server for a new release, after your approval.
- The initial cost quoted will be for the template agreed on. If there are any changes in that design, we will be sending you a new quote. Once the quote is approved and payment is released our team will do the customization.
- We can add your SSL certificate, the customer will have to purchase the SSL certificate and provide us.
- We do not provide any SEO services on your e-commerce website.
- We can add Facebook pixel, google pixel in your e-commerce.
- We can add your social links to e-commerce.
Closing your Cloud / E-commerce Account
- You may choose to close your HDS cloud or eshop account at any time and without cost, but you will remain liable for any outstanding Purchases as well as any fees or other charges incurred. HDS will not issue refunds for amounts previously incurred through our Services once you close your account. You can close your account by emailing email@example.com.
- If your subscription is not renewed due to non-payment, your account will be deactivated in 7 days and all of your rights granted under these Terms will immediately come to an end. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is exported, backed-up or replicated before cancellation.
- Once the account is deactivated, if you wish to start the services again it will attract complete license cost as per our current price list.
- We reserve the right to cancel or suspend your account at any time on written notice to you. Such termination will be effective at the end of your then-current paid-up subscription period. We may also cancel or suspend your account immediately if, in our sole discretion you have committed a material or persistent breach of these Terms or any other terms applying to your use of the HDS Services
HD Synchronization Service
If your internet connectivity is slow and that is causing slowness in your billing, HDS offers an add-on service “Synchronization Service”, that will allow you to work in the disconnected mode most of the time, and synchronize your data with the server with a press of a single button.
HD Synch service can help you connect your multiple shops to a single database.
This service allows customers to be able to connect all locations over the internet without using our cloud service.
The “Server” could be one of your computers. Customers should have an internet connection to sync data and a static IP address.
The server computer will have to be powered on and available on the internet all the time when you want to access it from another location.
Your internet service provider MUST provide inbound traffic to your server.
Network connectivity between all your computers over the internet is the responsibility of the customer and your internet provider.
HDS will not be able to help with Network issues over the internet between your computers.
Connectivity problems between your computers in your LAN (Local network) are not our responsibility. Customer will have to manage hardware and network issues on your own.
HDS will not be responsible for configuring your third party software like virus protection software. You will need to work with your virus protection software vendor to provide our application the necessary access to the network and to the hardware.
One Static IP on server location would be required from your Internet Service provider.
If static IP address is not feasible, we can help you set up a 3rd party application to work with dynamic IP address but the static IP address is preferred.
Internet / Network Requirements
- HDS cloud and synch services require a reliable and robust connection to the internet / local network to take advantage of all of the online features and benefits. It is the Customer’s responsibility to ensure that it has an appropriate internet / local network connection in place prior to installation of the Software and to also ensure that the internet connection is maintained correctly and includes an up-to-date firewall. The recommended internet speeds are a minimum of 10 Mbps download speed and 5 Mbps upload speed. Larger locations/installations will need higher internet speeds as appropriate to the size of installation and business. This speed requirement does not include any additional internet usage required over and above the HDS systems such as staff or guest networks or other business requirements. Internet speeds and consistencies can be checked by using internet speed test websites or by contacting the applicable internet service provider.
- The Customer is solely responsible for any connection charges, line rental charges, and call charges in relation to any Products.
- Whilst HDS representatives may provide advice and an indication of the suitability of the Customer’s internet / local network connection, it remains the Customer’s sole responsibility to ensure it has a suitable internet / local network connection both before and after an order is placed. HDS is not responsible for any slow responses to its Systems, including where this is caused by the Customer’s poor internet / local network connection.
- Provision of Local Area Network (LAN) infrastructure (e.g. cabling, network switches, WAN router) is the responsibility of the Customer and should be appropriate to the size of the business and criticality of the operation.
- Where the System is to be used over wifi (e.g. tablets/mobile devices):
- the Customer is responsible for the setup, configuration, and management of both the wifi infrastructure and the Customer devices. This includes ensuring wifi coverage in required areas and ensuring network dropouts due to wifi roaming are minimized; and
- the Customer must consider that wifi is not as robust as a wired network and network dropouts can occur due to wifi coverage, access point roaming, tablet sleep modes as well as other environmental factors. This is not unique to HDS Systems and should be considered when selecting a wifi solution.
- HDS systems are designed to work offline, but where no network connection (LAN or WAN) is available or the network connection is unreliable, some functionality is reduced.
- Where Customer devices are used offline for long periods, the Customer must ensure that such devices are regularly (at least every 7 days) connected to the internet to ensure data is synchronized with its servers. All till devices must regularly (at least every 3 days) perform ‘End of Day/Close Till’ operations to ensure that the local data store can be archived to the servers. In the case of lower Internet speeds, the time taken for data synchronization may be longer.
Guidelines to Customers
- The Customer will be responsible for installing the Hardware and will keep the Hardware in the environmental conditions recommended by us and ensure that the external surfaces and fittings of the Hardware are kept in good, clean condition.
- The Customer will ensure that relevant trained and experienced staff are available when required by us to provide the information required to diagnose any software related issue.
- It is the Customer’s sole responsibility to regularly operate and verify a proper back-up routine, maintaining all back-up copies in a secure environment.
- The Customer undertakes to put and keep in place adequate security measures and up-to-date firewalls to protect the Hardware, Software and Systems from any viruses, harmful code, or unauthorized access. HDS shall not be responsible for any unauthorized access to the System by means of hacking, any unauthorized access of the Hardware with intent to commit or facilitate the commission of an offense or any unauthorized modification of the software by a third party.
- The Customer is responsible for ensuring that their login password remains secure and confidential.
Updating Your HD CS (using synch service)
Customers must follow precautions while updating their Client server versions with synchronization service.
Sync data from all clients and go to online mode.
Close the application. Take a backup of your database from the server computer.
If there is no client installed in the server you can take back up from any of the clients. But make sure you take back up once the data is sync from all clients.There is no need to download software in every client system.
If you are changing or formatting your server computer:
Do not use client in disconnected mode.
Sync all the client data and close it in online mode, only then change/format server system.
Using client in disconnected mode when the server is not in working condition may lead to data loss.
Customer Support and Training Policies
Our Focus is on customer support. We have a support call center in Bangalore where we have trained software professionals ready to help you with your product questions.
Our call center is equipped with a dedicated PRI line with 36 channels and a single number for your convenience.
Besides the infrastructure, we are also focused on the quality of help you receive. In order to receive the best quality support, we request you to call our Bangalore support center (+91-80-4271-7700), where we have specially trained support personnel.
Our sales team is not equipped with the same support training as the Bangalore call center support team.
Please check our website for our support timings.
To help our customers become independent with our products, we have taken a lot of effort into preparing tutorials and videos. These tutorials are constantly updated and are available on our website.
- Re-installation of all our products must get scheduled over an email or by creating a support ticket. No direct phone or Skype request.
- Re-installation charges: SA Rs. 3000 (USD 70), CS 5000 ( USD 150).
- There could be additional charges for Re-installation for CS with more than 6 terminals.
- We are not responsible for any data entry errors or reports data mismatch.
- We do not provide any services to validate your report data or mismatch of data between different reports. You will have to find the cause of discrepancies in your data, if any, by double-checking your data inputs and your delete/edit actions.
- If the Customer wants HyperDrive team to look into data entry errors or evaluate any discrepancy in reports or stock there will be a minimum charge of Rs 5000 (USD 150) per request.
- Based on the complexity of the issue the service charge could be more. Our team will be sending a quote if you want to take our support.
- The charges will have to be paid in advance before our team starts looking into these issues.
- Charges on static IP settings configuration if it exceeds more than 2 times will be Rs. 4000 ( USD 130)
- We will be sending you sufficient reminders for all subscription renewal.
- Any expired subscription will take min 24 hours for renewal.
- Once the subscription is expired and if our team has to be involved in adding license keys again there will be an additional charge Rs. 500 ( $7) per terminal.
- Hyper Drive team takes pride in our international quality support and we would like to set up free implementation sessions with our customers once the license key is purchases.
- Our license key includes 4 hours training session for HDPOS smart , Salon and Restaurant (SA) customers
- Our license key includes 8 hours training session for HDPOS smart , Salon and Restaurant (CS) customers
- Before going live with our software products it is the customers’ responsibility to check their data, item sales price, invoice format print, and sample barcode sticker print.
- Our team will coordinate with you to schedule these sessions.
- There will be no makeup sessions if customers do not show up for a scheduled training session.
- If you need additional training there will be a charge os Rs. 1000 ( USD 50 ) per hour.