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SOFTWARE LICENCE AGREEMENT AND TERMS OF SERVICE
DMS-IA — Digital Memo System Industrial Automation
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Document Title : Software Licence Agreement and Terms of Service
Software Name : DMS-IA — Digital Memo System Industrial Automation
Developer / Owner: Rohmit Neelakant Shirgoppi (Aadhaar: Neelkant Shirgoppi)
Contact Email : romit232091@gmail.com
Phone : +91-9535835504
Address : H.No. 522, Near CSI Church, Teachers Colony Road,
Township, Dandeli — 581325, Karnataka, India
Document Version : 2.4 — Updated for current codebase.
Effective Date : 01 June 2026
Last Updated : 19 July 2026
CHANGE LOG v2.3 → v2.4 (19 July 2026):
- Updated Section 5.1: Disclosed admin@yourdigiemployee.com as the second,
equally-monitored contact address the Software itself uses for automated
licence/trial/renewal communications, correcting a prior gap where only
romit232091@gmail.com was documented while the product's own trial-ending
and licence-blocked messages actually directed Licensees elsewhere.
- Updated Section 8.7: Added clause (f) disclosing that the shared vendor
Cloudinary account now separates every Licensee's attachments into a
distinct, non-reversible per-deployment folder, as a defense-in-depth
measure against one Licensee's files being confused with another's on
the shared account (corresponding code change in DMSLIB_1_v29).
- Updated Section 8.9: Named admin@yourdigiemployee.com explicitly as the
address the automated new-installation notice is sent to.
CHANGE LOG v2.2 → v2.3 (19 July 2026):
- Updated Section 1 (Definitions): Added "Cloudinary" and "Licence Register"
definitions. Updated "Official Memo Module" definition — attachments are now
uploaded directly to Cloudinary by default, with legacy Google Drive links
still supported, rather than Drive links being the only supported method.
- Updated Section 4.3(m): Corrected attachment description — DMS-IA now supports
direct file upload to Cloudinary (this was previously stated as unsupported).
- Updated Section 8.7: Renamed to "Attachment Storage (Cloudinary) — Licensee
Responsibilities" and rewritten to reflect direct Cloudinary upload, automatic
3-day retention/deletion, the shared vendor account model, and the
per-Licensee Cloudinary override option.
- Added Section 8.9: Licence Administration Data — discloses the limited data
(organisation name, administrator email, spreadsheet ID) transmitted to the
Developer at initial setup for licence tracking and renewal billing purposes,
correcting the prior implication that the Developer collects no data at all.
- Updated Section 16.3: script.external_request description now also covers
Cloudinary Admin API deletion calls for expired attachments.
- Updated Schedule B: Acceptable Use Policy attachment-related bullets updated
to reflect Cloudinary upload; removed the now-inaccurate statement that DMS-IA
does not support direct file uploads.
CHANGE LOG v2.1 → v2.2 (29 June 2026):
- Updated Section 1 (Definitions): Removed Google Forms and Google Drive
from the "Google Workspace" definition — FormApp and DriveApp are not
used in the current codebase.
- Updated Section 1 (Definitions): Added "Official Memo Module" definition
— the Official Memo is now a built-in HTML web application served via
HtmlService, not a Google Form.
- Updated Section 1 (Definitions): Updated "Google Workspace" definition to
accurately reflect services DMS-IA actually uses.
- Updated Section 4.2 (System Requirements): Removed "Gmail access" as a
system requirement for full Gmail API — DMS-IA uses MailApp (send-only,
script.send_mail scope) which does not require full Gmail access.
- Updated Section 4.3 (Licensee Responsibilities): Replaced references to
"Google Form" with "Official Memo HTML form" throughout.
- Updated Section 4.3(c): Corrected HMAC_SECRET minimum length from 16+
to 32+ characters — matches the code enforcement threshold.
- Updated Section 4.3: Added responsibilities for Official Memo Module
(CC DP-01 validation, mandatory Context / Message field, Drive link
attachment model).
- Updated Section 8.6: Renamed from "OTP Authentication — Licensee
Responsibilities (Call Memo Module)" to cover both modules.
- Updated Section 10.5(c): "Google Form" replaced with "Official Memo HTML
form" and "Call Memo HTML form".
- Updated Section 16.3 (OAuth Permissions): Listed all 6 current OAuth
scopes explicitly, confirmed all non-restricted.
- Updated Schedule A: Indicative pricing brackets added
- Updated Schedule B (Acceptable Use): "Google Form" references replaced
with "Official Memo HTML form". Added Drive link attachment policy.
Confirmed no Google Forms or Google Drive API used.
CHANGE LOG v2.0 → v2.1 (18 June 2026):
- Updated Schedule A: Indicative pricing brackets added
- Updated Schedule C: SLA made binding for Premium tier
- Added Section 21: IP Breach Remedy and Penalty Clause
- Added Section 22: Source Code Escrow (on request)
- Added Section 23: Multi-Deployment Volume Discount Policy
- Added Section 24: Trial and Evaluation Licence Terms
- Updated Section 13: Jurisdiction confirmed — Dharwad, Karnataka
- Updated Section 12.3: Termination cure period confirmed 14 days
Copyright Diary : SW-25725/2026-CO — Filed 01/06/2026, Copyright Office,
Government of India
Governing Law : Laws of India — Karnataka jurisdiction
Applicable Acts : Indian Copyright Act 1957 · Indian Contract Act 1872 ·
Information Technology Act 2000 · DPDPA 2023 ·
Sale of Goods Act 1930 · Consumer Protection Act 2019
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IMPORTANT — READ BEFORE INSTALLING OR USING DMS-IA
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This Software Licence Agreement and Terms of Service ("Agreement") is a legally
binding contract between you or the organisation you represent ("Licensee", "you",
"your") and Rohmit Neelakant Shirgoppi ("Developer", "Licensor", "we", "us").
BY INSTALLING, COPYING, DEPLOYING, RUNNING, OR USING DMS-IA IN ANY WAY, YOU
CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS AND
CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL, DEPLOY, OR USE DMS-IA.
RETURN OR DELETE ALL COPIES OF THE SOFTWARE IMMEDIATELY.
If you are accepting this Agreement on behalf of an organisation, company, or
institution, you represent and warrant that you have the legal authority to bind
that entity to this Agreement.
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1. DEFINITIONS
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In this Agreement, the following terms have the meanings given below:
"Software" means DMS-IA — Digital Memo System Industrial Automation, including
all source code (DMS-IA.gs), manifest files (appsscript.json), documentation,
scripts, templates, email HTML, HTML web application pages, and any updates,
patches, or new versions provided by the Developer.
"Developer" means Rohmit Neelakant Shirgoppi, the sole author and owner of
DMS-IA, residing at H.No. 522, Near CSI Church, Teachers Colony Road, Township,
Dandeli — 581325, Karnataka, India.
"Licensee" means the individual, company, organisation, or institution that
purchases a licence and deploys the Software.
"Deployment" means a single installation of the Software within one Google
Workspace account (one Google Spreadsheet + one Google Apps Script project).
"Google Workspace" means Google's suite of cloud-based productivity and
collaboration tools. For the purposes of this Agreement, DMS-IA uses and relies
upon Google Sheets, Gmail (send-only via MailApp), and Google Apps Script.
DMS-IA does not use Google Forms, Google Drive API (DriveApp), or any other
Google Workspace service not listed in this definition.
"Authorised Users" means employees, contractors, or representatives of the
Licensee who are permitted to use the Software under this Agreement.
"Documentation" means all technical documentation, user guides, privacy policy,
and other written materials provided by the Developer in connection with the
Software.
"Intellectual Property Rights" means all copyright, trade secrets, patents,
trademarks, database rights, and all other proprietary rights worldwide.
"Confidential Information" means the Software source code, algorithms, security
architecture, HMAC token implementation, self-healing mechanisms, and any other
non-public information disclosed by the Developer.
"Cloudinary" means Cloudinary Ltd., a third-party cloud media storage and
delivery service used by the Software to store file attachments (photographs,
videos, and other documents) uploaded by Authorised Users through the Official
Memo Module. By default, all deployments use a single shared Developer-owned
Cloudinary account; a Licensee may configure its own Cloudinary account instead,
as described in the Documentation.
"Licence Register" means the Developer-owned Google Sheet, accessible only to
the Developer via a dedicated service account, used to record each Licensee's
spreadsheet identifier, organisation name, administrator email address, licence
tier, and licence expiry date for the sole purpose of licence administration and
enforcement.
"Official Memo Module" means the Official Memo HTML web application component
of DMS-IA, served via Google Apps Script HtmlService, accessible via the Web
App URL or QR code scan. It allows Authorised Users to submit official internal
memos through a structured HTML form requiring DP-01 entry, live receiver and CC
DP-01 validation, mandatory subject and context fields, priority and action
selection, and an optional file attachment (photograph, video, or one other
document, uploaded directly to Cloudinary, or alternatively a legacy Google
Drive link). The form includes a three-step flow: fill, preview, and confirm
submission.
"Call Memo Module" means the Call Memo HTML web application component of DMS-IA,
accessible via QR code, which allows Authorised Users to submit Call Memos
through a mobile-friendly web page requiring OTP authentication.
"OTP" means a one-time password — a 6-digit code generated by the Software and
delivered to an Authorised User's registered email address as a Magic Link, used
to verify the user's identity before granting access to the Call Memo form.
"Magic Link" means a unique, time-limited, single-use URL embedded in an OTP
email that, when clicked, authenticates the Authorised User and opens the Call
Memo submission form with their details pre-filled.
"QR Code" means the machine-readable code generated by the Software and stored
in the QR CODE sheet, encoding the DMS-IA portal URL, intended to be printed
and displayed at the Licensee's premises to provide access to both the Official
Memo and Call Memo modules.
"WORKER LIST" means the Google Sheets tab within DMS-IA storing the Licensee's
workers' details (department, name, DP number, designation) from which the Call
Memo form populates worker selection lists server-side.
"CALL MEMO Sheet" means the Google Sheets tab permanently storing all Call Memo
submissions including submitter details, department, people selected, reason for
overtime, and timestamp.
"QR CODE Sheet" means the Google Sheets tab storing the QR code image for the
DMS-IA portal URL. Contains no personal data.
"Update" means any bug fix, patch, enhancement, or new version of the Software
released by the Developer.
"Effective Date" means the date on which the Licensee first installs, deploys,
or uses the Software, or the date of purchase, whichever is earlier.
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2. GRANT OF LICENCE
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2.1 Licence Grant
Subject to the terms and conditions of this Agreement and payment of the
applicable licence fee, the Developer grants the Licensee a limited,
non-exclusive, non-transferable, non-sublicensable, revocable licence to:
(a) Install and deploy one (1) instance of the Software within one (1) Google
Workspace account controlled by the Licensee;
(b) Use the Software solely for the Licensee's internal business operations —
specifically for the management of internal memo submissions and approvals
within the Licensee's organisation;
(c) Allow Authorised Users to interact with the Software for the purposes
described in (b) above;
(d) Make one (1) backup copy of the Software source code for archival purposes
only, provided the copyright notice and all proprietary notices are
preserved.
2.2 Licence Tiers
The Developer offers the following licence tiers (see also Schedule A). The
specific tier purchased by the Licensee is set out in the invoice or purchase
confirmation:
Base Licence:
Single deployment. Up to 50 active users (Authorised Users). Includes email
support for 30 days from Effective Date.
Standard Licence:
Single deployment. Up to 200 active users. Includes email support for 90 days
from Effective Date. Includes one major version update.
Premium Licence:
Single deployment. Unlimited active users. Includes priority email support for
12 months. Includes all major and minor version updates for 12 months.
Additional Deployments:
Each additional deployment (additional Google Workspace account or spreadsheet)
requires a separate licence purchased from the Developer.
2.3 Licence Restrictions
The licence granted in Section 2.1 is subject to the following restrictions
and the Acceptable Use Policy set out in Schedule B. The Licensee shall NOT,
and shall ensure that Authorised Users do NOT:
(a) Copy, reproduce, distribute, publish, or make available the Software source
code or any part thereof to any third party;
(b) Sell, resell, rent, lease, loan, sublicence, transfer, or otherwise
commercialise the Software or any rights in the Software;
(c) Modify, adapt, translate, reverse engineer, decompile, disassemble, or
create derivative works based on the Software;
(d) Remove, alter, or obscure any copyright notice, proprietary notice, or
identifier from the Software or Documentation;
(e) Use the Software to build a competing product, similar service, or any
product that replicates the core functionality of DMS-IA;
(f) Use the Software for any unlawful purpose or in violation of any applicable
law or regulation;
(g) Deploy the Software in more than the number of instances permitted by the
purchased licence tier;
(h) Share, publish, or disclose the Software source code, security architecture,
or HMAC token implementation to any person not employed by the Licensee;
(i) Use the Software to process personal data beyond what is described in the
Privacy Policy without explicit written consent from the Developer;
(j) Attempt to circumvent, disable, or interfere with any security feature of
the Software.
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3. INTELLECTUAL PROPERTY RIGHTS
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3.1 Ownership
The Software, including all source code, object code, algorithms, email
templates, HTML pages (Official Memo form, Call Memo form, approval pages,
rejection form, OTP pages, print view), security architecture, self-healing
mechanisms, and all Intellectual Property Rights therein, are and shall remain
the exclusive property of the Developer, Rohmit Neelakant Shirgoppi.
The Developer's ownership is protected under:
- Indian Copyright Act 1957
- Copyright Diary No. SW-25725/2026-CO (filed 01/06/2026)
- All applicable international copyright treaties and conventions
3.2 No Transfer of Ownership
This Agreement does not transfer any ownership, title, or Intellectual Property
Rights in the Software to the Licensee. The Licensee acquires only the limited
licence rights expressly set out in Section 2.1.
3.3 Licensee Data
All data generated by the Licensee's use of the Software (memo records, staff
directory, audit logs, etc.) remains the property of the Licensee. The Developer
has no claim over Licensee data and no access to it, except for the limited
Licence Administration Data described in Section 8.9.
3.4 Feedback
If the Licensee provides feedback, suggestions, or ideas regarding the Software,
the Developer may freely use such feedback without any obligation or
compensation to the Licensee.
3.5 Copyright Notice
All copies or portions of the Software must retain the following notice:
Copyright © 2026 Rohmit Neelakant Shirgoppi. All Rights Reserved.
DMS-IA — Digital Memo System Industrial Automation
Diary No. SW-25725/2026-CO
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4. INSTALLATION AND DEPLOYMENT
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4.1 Licence Key and Deployment
The Developer will provide the Licensee with the Software source code and
deployment instructions upon payment of the applicable licence fee. The
Licensee is responsible for deploying the Software within their Google Workspace
account following the provided instructions.
4.2 System Requirements
The Software requires:
- A Google Workspace account (any tier) or a personal Google account
- Google Sheets access
- Google Apps Script enabled
- A Gmail account for the deploying account (used for sending emails via
MailApp — send-only; no full Gmail access or GmailApp permissions required)
- Sufficient MailApp quota for email operations (1,500/day for Workspace,
100/day for free Gmail — Workspace strongly recommended for organisations)
- A web browser to access the Google Apps Script editor
- An internet connection sufficient for Authorised Users to upload photo,
video, or document attachments directly to Cloudinary from their browser,
where attachments are used
For the Official Memo Module specifically:
- A desktop or mobile browser capable of opening the Web App URL or scanning
the QR code
- The Receiver DP-01 and CC DP-01 (if applicable) must be registered in the
TO sheet before submission for live validation to succeed
- Workers' data (FROM sheet, TO sheet) must be populated before the module
is made available to users
For the Call Memo Module specifically:
- A mobile device or desktop browser capable of scanning QR codes
- Gmail or any email client capable of rendering HTML emails and opening links
- An internet connection at the point of QR code scan
- Workers' DP numbers and email addresses entered into the TO sheet before use
4.3 Licensee Responsibilities
The Licensee is solely responsible for:
(a) Deploying the Software correctly following the provided instructions;
(b) Running selfSetup() to configure the Software after deployment;
(c) Setting a strong HMAC_SECRET (32+ characters) in Script Properties or
via the SETTINGS sheet;
(d) Setting the correct WEB_APP_URL (the /exec deployment URL) in the SETTINGS
sheet and ADMIN_EMAIL in Script Properties;
(e) Filling in the DEPARTMENTS sheet with correct HOD emails;
(f) Filling in the FROM sheet with correct staff details (email, DP number,
department, name) for all Official Memo submitters;
(g) Securing their Google Workspace account with strong passwords and 2FA;
(h) Managing their own Google API quota limits;
(i) Maintaining their Google Workspace account in good standing;
(j) Ensuring the Software is redeployed after any code updates;
(k) Testing the system before making it available to all users;
(l) Informing Authorised Users that the Context / Message field is mandatory
on the Official Memo HTML form and that submission will be blocked without
it;
(m) Informing Authorised Users that file attachments (photos, videos, or one
other document) are uploaded directly from the browser to Cloudinary, a
third-party storage provider, subject to the size and count limits stated
in the Documentation, and are automatically deleted from Cloudinary after
a 3-day retention period; legacy Google Drive sharing links remain
supported for backward compatibility but are no longer the primary
attachment method;
(n) Informing Authorised Users that the CC DP-01 field on the Official Memo
form is validated live — only registered DP numbers are accepted.
For the Call Memo Module:
(o) Populating the WORKER LIST sheet with accurate worker data (department,
name, DP number, designation) before enabling the Call Memo Module;
(p) Populating the TO sheet with accurate DP numbers and registered email
addresses for all workers who will use the Call Memo HTML page;
(q) Printing and displaying the QR code (from the QR CODE sheet) in an
accessible location for workers to scan;
(r) Informing workers that the OTP magic link sent to their registered email
is single-use, expires in 5 minutes, and must not be shared with others;
(s) Ensuring workers' registered email addresses in the TO sheet are current
and accessible on their mobile devices at the point of QR code scan;
(t) Regenerating the QR code via the provided menu option if the web app URL
changes after redeployment.
4.4 Google Account Terms
The use of DMS-IA is subject to Google's Terms of Service for Google Workspace.
The Licensee must comply with all applicable Google policies. The Developer is
not responsible for any actions taken by Google with respect to the Licensee's
account.
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5. SUPPORT AND UPDATES
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5.1 Support
Support is provided via email at romit232091@gmail.com. The Developer will
respond within 7 business days (see Schedule C for service level targets).
Automated licence, trial, and renewal communications generated by the
Software itself (trial-ending reminders and the licence-expired message
shown when a licence lapses) direct the Licensee to admin@yourdigiemployee.com
instead — a second address also monitored by the Developer, used
specifically for licence and renewal matters. Both addresses reach the
Developer; general support and legal notices should use
romit232091@gmail.com.
Support covers:
- Assistance with installation and initial setup
- Bug fixes for confirmed defects in the Software
- Clarification of Documentation
Support does not cover:
- Customisation or modification of the Software
- Issues caused by the Licensee's incorrect deployment or configuration
- Issues caused by Google platform changes outside the Developer's control
- Issues caused by the Licensee's Google account being suspended or restricted
- Training beyond the provided Documentation
5.2 Updates
Updates will be provided to the Licensee in accordance with the purchased
licence tier (Section 2.2). Updates are delivered as new versions of the
Software source code. The Licensee is responsible for deploying updates.
5.3 No Obligation to Update
The Developer is under no obligation to develop, release, or provide any
specific update, feature, or enhancement to the Software.
5.4 End of Support
The Developer may discontinue support for a version of the Software with 30
days' written notice to the Licensee. The Software will continue to function
after end of support, but no further bug fixes or updates will be provided.
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6. PAYMENT TERMS
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6.1 Licence Fee
The licence fee applicable to the Licensee's tier is as communicated separately
by the Developer in the invoice or purchase confirmation. Pricing is not stated
in this Agreement and will be confirmed at time of purchase. For pricing
enquiries, contact romit232091@gmail.com.
6.2 Payment
Payment is due in full before or at the time of delivery of the Software. The
Developer will deliver the Software upon confirmation of payment.
6.3 Annual Maintenance Charge (AMC)
After the first year, the Developer may offer an optional Annual Maintenance
Charge (AMC) for continued support and updates. The AMC amount and terms will
be communicated to the Licensee before renewal. AMC is entirely optional — the
Software continues to function without it. Pricing for AMC is not stated in
this Agreement and will be confirmed separately.
6.4 No Refunds
All licence fees are non-refundable once the Software has been delivered to the
Licensee, except as required by applicable consumer protection law or as
expressly agreed in writing by the Developer.
6.5 Currency
All fees are in Indian Rupees (INR) unless otherwise stated in the invoice.
6.6 Taxes
The Licensee is responsible for all applicable taxes, duties, or levies (including
GST) arising from the purchase of the licence, unless otherwise stated in the
invoice.
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7. CONFIDENTIALITY
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7.1 Confidential Information
The Licensee acknowledges that the Software source code, security architecture,
HMAC token implementation, and all non-public technical information constitute
Confidential Information of the Developer.
7.2 Obligations
The Licensee shall:
(a) Keep all Confidential Information strictly confidential;
(b) Not disclose Confidential Information to any third party without the
Developer's prior written consent;
(c) Use Confidential Information only for the purpose of using the Software
under this Agreement;
(d) Restrict access to Confidential Information to Authorised Users who need
it to use the Software, and ensure those users are bound by confidentiality
obligations no less protective than this Section.
7.3 Exceptions
Confidentiality obligations do not apply to information that:
(a) Was publicly known at the time of disclosure without breach by the Licensee;
(b) The Licensee is required to disclose by law or court order, provided the
Licensee gives the Developer prompt written notice before disclosure.
7.4 Survival
Confidentiality obligations survive termination of this Agreement for a period
of five (5) years.
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8. DATA PROTECTION AND PRIVACY
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8.1 Privacy Policy
The Developer's Privacy Policy (available at the URL provided in the Google
Marketplace SDK listing) is incorporated into this Agreement by reference. The
Licensee agrees to the Privacy Policy as a condition of using the Software.
8.2 Data Controller
As described in the Privacy Policy, the Licensee is the Data Controller for
all personal data processed through the Software. The Developer is not a Data
Controller or Data Processor in respect of end-user data, except to the limited
extent described in Section 8.9 (Licence Administration Data).
8.3 Licensee's Data Protection Obligations
The Licensee shall:
(a) Comply with all applicable data protection laws including DPDPA 2023 and
any other applicable data protection legislation;
(b) Inform their employees and users about DMS-IA's data processing as required
by DPDPA 2023;
(c) Implement appropriate technical and organisational measures to protect
personal data;
(d) Not use the Software to process personal data in a manner that violates
applicable law;
(e) Promptly notify the Developer if they become aware of any data breach
potentially related to the Software;
(f) Ensure that employees do not enter sensitive personal data — including health
information, financial data, or government ID numbers — into memo content
fields or the Context / Message field.
8.4 Sensitive Data Warning
The Software stores memo content as submitted without filtering. The Licensee
is solely responsible for ensuring that Authorised Users do not submit sensitive
personal data through any memo content field, including the Subject, Context /
Message, and Reason for Overtime fields, or through any uploaded attachment.
8.5 Developer's Data Access
The Developer has no access to any memo, HR, or operational data stored in the
Licensee's DMS-IA deployment. All such data is stored exclusively within the
Licensee's own Google Workspace account. This is subject only to the limited
Licence Administration Data described in Section 8.9 and the Cloudinary
attachment storage described in Section 8.7, both of which are disclosed in
full in the Privacy Policy.
8.6 OTP Authentication — Licensee Responsibilities (Call Memo Module)
The Call Memo Module uses OTP authentication to verify worker identity before
allowing form submission. The Licensee acknowledges and agrees that:
(a) OTP magic links are time-limited (5 minutes) and single-use. The Licensee
is responsible for informing workers of this limitation;
(b) OTP magic links are delivered to the email address registered in the TO
sheet. The Licensee is responsible for ensuring TO sheet data is accurate
and current;
(c) If a worker's registered email is inaccessible at the point of QR scan
(e.g. no mobile data, incorrect email address), the Licensee is responsible
for the resulting inability to submit;
(d) The OTP magic link should not be shared with any other person. The
Licensee is responsible for communicating this requirement to workers;
(e) The Developer is not responsible for OTP delivery failures caused by the
worker's email provider marking the OTP email as spam, the worker's mailbox
being full, or the registered email address being incorrect in the TO sheet;
(f) The Software limits OTP sends to 1 per worker per 2 minutes and limits
brute-force attempts to 5 per worker per 10 minutes. These security limits
are by design and the Developer is not responsible for access issues
resulting from these limits being triggered by the worker's own actions;
(g) For security, the OTP is stored as a SHA-256 cryptographic hash — never
in plain text. A temporary verified session key is created upon successful
OTP verification and expires automatically after 15 minutes. These are
internal security measures — the Licensee has no obligation to disclose
them to workers beyond stating that the link is single-use and time-limited.
8.7 Attachment Storage (Cloudinary) — Licensee Responsibilities (Official Memo
Module)
The Official Memo Module allows Authorised Users to attach a configured number
of photos, one video, and one other document directly from their browser.
Attachments are uploaded directly to Cloudinary, a third-party cloud storage
provider, using the shared Developer-owned Cloudinary account by default (see
the Privacy Policy, Section 9, for full sub-processor disclosure). The Licensee
acknowledges and agrees that:
(a) Uploaded files are stored on Cloudinary's infrastructure, not within the
Licensee's own Google Workspace account, until automatically deleted;
(b) Attachments are automatically deleted from Cloudinary approximately 3 days
after upload by an automated daily cleanup job; the Licensee should not
rely on DMS-IA for long-term file storage and should retain its own copies
of any file it needs beyond that period;
(c) The Licensee may, at its own cost, configure its own Cloudinary account
(via Script Properties, as described in the Documentation) so that its
attachments are stored under that account instead of the shared vendor
account;
(d) The Developer is not responsible for any file access failures, size-limit
rejections, or upload failures caused by Cloudinary service issues, network
conditions, or the Licensee exceeding Cloudinary's free-tier limits on the
shared vendor account;
(e) The Licensee is responsible for ensuring that no sensitive, confidential,
or unlawful files are uploaded via memo attachments;
(f) The shared vendor Cloudinary account is used by every Licensee who has not
configured its own Cloudinary account. Each Licensee's attachments are
uploaded under a distinct, non-reversible per-deployment folder within
that shared account, so that files are not commingled in a single flat
namespace; this is a technical safeguard, not a substitute for full
tenant isolation. A Licensee that requires full isolation of its
attachment files from every other Licensee should configure its own
Cloudinary account as described in (c) above;
(g) Legacy Google Drive sharing links remain supported for backward
compatibility with memos submitted before this attachment method was
introduced, and for any manually-entered Drive link; where a Drive link is
used, the shared file must have "Anyone with the link" access set in
Google Drive, and the Developer is not responsible for file access failures
resulting from incorrect Drive sharing permissions, deleted files, or
expired sharing links.
8.8 CC DP-01 Validation — Licensee Responsibilities (Official Memo Module)
The Official Memo Module validates the CC DP-01 field live before allowing
submission. The Licensee acknowledges and agrees that:
(a) Only DP numbers registered in the TO sheet will pass CC validation;
(b) The Licensee is responsible for keeping the TO sheet accurate and current;
(c) Submission is blocked if an invalid CC DP-01 is entered — the submitter
must either enter a valid DP number or leave the field blank.
8.9 Licence Administration Data — Developer's Limited Data Collection
Separately from the Licensee's operational memo/HR data (which the Developer
never accesses, per Section 8.5), the Software transmits the following limited
information to the Developer, once, at the time of initial setup (selfSetup()),
for licence administration purposes only:
(a) The Licensee's organisation/company name, as entered during setup;
(b) The administrator's email address (ADMIN_EMAIL);
(c) The unique identifier of the Licensee's Google Spreadsheet in which DMS-IA
is installed.
This information is recorded in the Licence Register and is also sent once,
by automated email, to admin@yourdigiemployee.com (the Developer's licence
and renewal contact address — see Section 5.1), in order to track licence
validity, trial periods, activation, and renewal billing. The Software also performs a
periodic, cached (no more than once per 6 hours) automated check of the
Licence Register — using only the Licensee's spreadsheet identifier as the
lookup key — to confirm licence status; this check does not transmit any memo,
HR, or other operational data. This Licence Administration Data is used solely
for the purposes described in this Section, is not shared with any third party
other than as necessary to operate the Licence Register itself, and is not
used for marketing, profiling, or any purpose beyond licence administration
and support. See the Privacy Policy, Section 8A, for full disclosure.
================================================================================
9. WARRANTIES
================================================================================
9.1 Developer's Limited Warranty
The Developer warrants that:
(a) The Software will substantially perform the functions described in the
Documentation for a period of thirty (30) days from the Effective Date
("Warranty Period");
(b) The Developer has the right to grant the licence in Section 2.1 and the
Software does not infringe any third-party intellectual property rights
known to the Developer.
9.2 Warranty Remedy
If the Software fails to comply with the warranty in Section 9.1(a) during
the Warranty Period, the Developer will, at the Developer's sole discretion,
either repair or replace the defective Software at no charge.
9.3 Warranty Exclusions
The warranty in Section 9.1 does not apply if:
(a) The Software has been modified by the Licensee or any third party;
(b) The failure results from incorrect installation, deployment, or
configuration by the Licensee;
(c) The failure results from changes to the Google platform outside the
Developer's control;
(d) The failure results from the Licensee's Google account being suspended,
restricted, or having insufficient quota;
(e) The Licensee has not deployed the most recent version of the Software.
9.4 DISCLAIMER OF WARRANTIES
EXCEPT FOR THE EXPRESS LIMITED WARRANTY IN SECTION 9.1, THE SOFTWARE IS PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR UNINTERRUPTED OPERATION.
THE DEVELOPER DOES NOT WARRANT THAT:
(a) THE SOFTWARE WILL MEET ALL OF THE LICENSEE'S REQUIREMENTS;
(b) THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR ERROR;
(c) THE SOFTWARE WILL BE COMPATIBLE WITH FUTURE VERSIONS OF GOOGLE WORKSPACE;
(d) ALL BUGS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED;
(e) THE SOFTWARE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
THE LICENSEE ASSUMES ALL RISK ASSOCIATED WITH THE USE OF THE SOFTWARE.
================================================================================
10. LIMITATION OF LIABILITY
================================================================================
10.1 Exclusion of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE
DEVELOPER BE LIABLE FOR ANY:
(a) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES;
(b) LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR ANTICIPATED SAVINGS;
(c) BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY;
(d) LOSS OR CORRUPTION OF DATA;
(e) COST OF SUBSTITUTE SOFTWARE OR SERVICES;
WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY
OTHER LEGAL THEORY, EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
10.2 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER'S TOTAL
CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT — WHETHER
IN CONTRACT, TORT, OR OTHERWISE — SHALL NOT EXCEED THE TOTAL LICENCE FEE PAID
BY THE LICENSEE FOR THE SOFTWARE IN THE TWELVE (12) MONTHS IMMEDIATELY
PRECEDING THE CLAIM.
10.3 Essential Basis
THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION
REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL ELEMENT OF THE
BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE DEVELOPER WOULD NOT HAVE ENTERED
INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS.
10.4 Consumer Rights
Nothing in this Agreement limits or excludes any liability that cannot be limited
or excluded under applicable Indian consumer protection law or other mandatory
applicable law.
10.5 User Negligence and Misuse
The Developer shall not be responsible or liable for any loss, damage, delay,
data loss, security breach, operational failure, financial loss, or any other
consequence — direct or indirect — arising from:
(a) The Licensee's or any Authorised User's negligent, incorrect, or improper
use of the Software, including but not limited to incorrect deployment,
incorrect configuration, or failure to follow the provided Documentation;
(b) Failure by the Licensee to set a strong HMAC_SECRET or to secure their
Google account with appropriate passwords and two-factor authentication;
(c) Entry of incorrect, incomplete, or misleading data by any Authorised User
into the Official Memo HTML form, Call Memo HTML form, FROM sheet, TO sheet,
or DEPARTMENTS sheet;
(d) Failure by the Licensee to redeploy the Software after receiving an update
or bug fix from the Developer;
(e) Actions taken — or not taken — by an approver after receiving a valid
approval or rejection email link;
(f) Submission of sensitive personal data (including health information,
financial data, or government identification numbers) by any Authorised
User into memo content fields or attachments, contrary to the warnings in
this Agreement and the Privacy Policy;
(g) Loss or corruption of data resulting from the Licensee's failure to maintain
adequate backups, to protect their Google account, or to comply with
Google's Terms of Service;
(h) Any delay in memo approval, escalation, or notification caused by the
Licensee's MailApp quota being exhausted due to the Licensee's own usage;
(i) Any failure, outage, or change in Google's platform, Cloudinary's platform,
or any other third-party service or API that prevents the Software from
functioning as expected, where the Developer has no control over such
changes;
(j) Any accident, operational incident, business loss, or consequential harm
arising from the Licensee's reliance on DMS-IA for time-critical decisions
without maintaining adequate alternative processes;
(k) Any file access failure resulting from an Authorised User sharing a legacy
Drive link with incorrect permissions, a Drive file being deleted or moved
after a memo is submitted, or an attachment being automatically deleted
from Cloudinary after the 3-day retention period;
(l) Any inability of a worker to submit a Call Memo or Official Memo due to
their registered email address being incorrect, inaccessible, or not
current in the TO or FROM sheet.
The Licensee agrees that the Developer's role is limited to providing the
Software. The Licensee assumes full responsibility for all consequences arising
from how the Software is used, configured, and maintained within their
organisation.
================================================================================
11. INDEMNIFICATION
================================================================================
11.1 Licensee Indemnification
The Licensee shall indemnify, defend, and hold harmless the Developer from and
against any and all claims, demands, losses, liabilities, costs, damages, and
expenses (including reasonable legal fees) arising out of or related to:
(a) The Licensee's use of the Software in violation of this Agreement;
(b) The Licensee's violation of any applicable law or regulation;
(c) The Licensee's breach of any representation, warranty, or obligation under
this Agreement;
(d) Any data breach or data loss arising from the Licensee's failure to secure
their Google account;
(e) Any claim by a third party arising from the Licensee's use of the Software;
(f) The Licensee's failure to comply with applicable data protection laws
including DPDPA 2023.
================================================================================
12. TERM AND TERMINATION
================================================================================
12.1 Term
This Agreement commences on the Effective Date and continues until terminated
in accordance with this Section.
12.2 Termination by Licensee
The Licensee may terminate this Agreement at any time by:
(a) Ceasing all use of the Software;
(b) Deleting all copies of the Software source code;
(c) Deleting all deployments of the Software from their Google account.
No refund is due upon termination by the Licensee unless required by applicable
consumer protection law.
12.3 Termination by Developer
The Developer may terminate this Agreement with immediate effect by written
notice to the Licensee if:
(a) The Licensee materially breaches this Agreement and fails to cure the breach
within fourteen (14) days of written notice;
(b) The Licensee violates Section 2.3 (Licence Restrictions);
(c) The Licensee becomes insolvent, is placed in liquidation, or makes an
assignment for the benefit of creditors;
(d) The Licensee uses the Software for any illegal purpose.
12.4 Effect of Termination
Upon termination of this Agreement:
(a) All licence rights granted to the Licensee under Section 2.1 immediately
cease;
(b) The Licensee must immediately cease all use of the Software;
(c) The Licensee must delete all copies of the Software source code and all
deployments from their Google account;
(d) Sections 1, 3, 7, 8, 9.4, 10, 11, 13, 14, and 15 survive termination.
12.5 Survival
The following Sections survive termination of this Agreement: Definitions (1),
Intellectual Property Rights (3), Confidentiality (7), Data Protection (8),
Disclaimer of Warranties (9.4), Limitation of Liability (10, including 10.5),
Indemnification (11), Governing Law (13), Dispute Resolution (14), and General
Provisions (15).
================================================================================
13. GOVERNING LAW AND JURISDICTION
================================================================================
13.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws
of India, without regard to its conflict of law principles.
13.2 Jurisdiction
The parties submit to the exclusive jurisdiction of the courts in Dharwad,
Karnataka, India for the resolution of any dispute arising out of or related
to this Agreement.
13.3 Applicable Indian Laws
This Agreement is subject to and the parties shall comply with:
- Indian Copyright Act 1957
- Indian Contract Act 1872
- Information Technology Act 2000 and its amendments
- Digital Personal Data Protection Act 2023
- Consumer Protection Act 2019
- Sale of Goods Act 1930
- Any other applicable Indian law or regulation
================================================================================
14. DISPUTE RESOLUTION
================================================================================
14.1 Informal Resolution
In the event of any dispute, controversy, or claim arising out of or related
to this Agreement, the parties shall first attempt to resolve the matter through
good faith negotiation. Either party may initiate informal resolution by sending
written notice to the other party describing the dispute. The parties shall have
thirty (30) days from the date of such notice to attempt resolution.
14.2 Mediation
If the dispute cannot be resolved through informal negotiation within 30 days,
either party may refer the matter to mediation under the Mediation Act 2023
(India) before initiating formal legal proceedings.
14.3 Litigation
If mediation fails or is not pursued, either party may initiate legal proceedings
in the courts specified in Section 13.2.
14.4 Injunctive Relief
Nothing in this Section prevents the Developer from seeking immediate injunctive
or other equitable relief in any court of competent jurisdiction to protect
Intellectual Property Rights, Confidential Information, or to prevent irreparable
harm.
================================================================================
15. GENERAL PROVISIONS
================================================================================
15.1 Entire Agreement
This Agreement, together with the Privacy Policy incorporated by reference,
constitutes the entire agreement between the parties regarding the Software and
supersedes all prior agreements, representations, warranties, and understandings
relating to the subject matter hereof.
15.2 Amendments
No amendment to this Agreement is valid unless made in writing and signed by
both parties. The Developer may update this Agreement for future licences by
posting an updated version. Existing Licensees will be notified of material
changes.
15.3 No Waiver
The failure of either party to enforce any right or provision of this Agreement
shall not constitute a waiver of that right or provision. A waiver is only
effective if given in writing.
15.4 Severability
If any provision of this Agreement is found to be invalid, illegal, or
unenforceable under applicable law, that provision shall be modified to the
minimum extent necessary to make it valid, legal, and enforceable, and the
remaining provisions shall continue in full force and effect.
15.5 Assignment
The Licensee may not assign, transfer, or sublicence this Agreement or any
rights under it without the Developer's prior written consent. Any purported
assignment without consent is void. The Developer may assign this Agreement
without restriction.
15.6 Force Majeure
Neither party shall be liable for any failure or delay in performance resulting
from causes beyond their reasonable control, including but not limited to acts
of God, natural disasters, government actions, changes to Google platform
policies, internet outages, or power failures. The affected party shall promptly
notify the other party of the force majeure event.
15.7 Notices
All notices under this Agreement must be in writing and sent to:
Developer : Rohmit Neelakant Shirgoppi
romit232091@gmail.com
+91-9535835504
H.No. 522, Near CSI Church, Teachers Colony Road,
Township, Dandeli — 581325, Karnataka, India
Licensee : The email address and contact information provided at time
of purchase.
Notices sent by email are effective on the date sent, provided no delivery
failure notification is received. Notices sent by post are effective 7 days
after posting.
15.8 Relationship of the Parties
The parties are independent contractors. Nothing in this Agreement creates a
partnership, joint venture, agency, employment, or franchise relationship.
The Developer is not an employee of the Licensee and the Licensee is not an
employee of the Developer.
15.9 Language
This Agreement is written in English. In the event of any conflict between an
English version and any translated version, the English version shall prevail.
15.10 Headings
Section headings are for convenience only and do not affect the interpretation
of this Agreement.
15.11 Counterparts
This Agreement may be executed electronically and electronic signatures shall
be treated as original signatures and be fully binding.
================================================================================
16. SPECIFIC PROVISIONS FOR GOOGLE WORKSPACE MARKETPLACE
================================================================================
16.1 Google Marketplace Distribution
If the Software is obtained through the Google Workspace Marketplace, the
following additional terms apply:
(a) The Licensee must comply with Google Workspace Marketplace Terms of Service
in addition to this Agreement;
(b) Google is not a party to this Agreement and has no responsibility for the
Software or any support;
(c) The Licensee's use of the Software is subject to Google's policies for
installed applications;
(d) The Developer may list, update, or remove the Software from Google
Marketplace at any time.
16.2 Private Listing
If the Software is obtained via a private Marketplace listing, the Licensee
must not share the private listing link with any party outside their organisation
without the Developer's prior written consent.
16.3 OAuth Permissions
The Software requests the following Google API permissions (OAuth scopes),
all of which are non-restricted and do not require CASA security assessment:
https://www.googleapis.com/auth/spreadsheets
— Required to read and write memo data, configuration, audit logs, and
all supporting sheets within the Licensee's own spreadsheet.
https://www.googleapis.com/auth/script.send_mail
— Required to send all outbound emails via MailApp: approval requests,
rejection notifications, OTP magic links, escalation alerts, and
administrative health reports. No Gmail inbox access is used.
https://www.googleapis.com/auth/script.scriptapp
— Required to install and manage time-based triggers that process the memo
queue, check escalations, retry failed emails, run health checks, clean up
expired OTP keys, and clean up expired Cloudinary attachments
automatically without the owner being present.
https://www.googleapis.com/auth/script.external_request
— Required to fetch publicly-shared legacy Drive file attachments via
UrlFetchApp for inclusion in approval emails; to generate the QR code
image from api.qrserver.com (only the deployment URL is transmitted — no
personal data); and to call Cloudinary's Admin API to delete expired memo
attachments after the 3-day retention period. Note: the initial upload of
an attachment to Cloudinary happens directly from the Authorised User's
browser and does not use this scope.
https://www.googleapis.com/auth/script.container.ui
— Required to create the DMS-IA custom menu in the Google Sheets toolbar
and to display setup and configuration alert dialogs.
https://www.googleapis.com/auth/userinfo.email
— Required to detect the admin email address automatically during initial
setup (selfSetup). Not used during normal operation.
The Licensee acknowledges and accepts these permissions as necessary for the
Software to function. The Developer's use of these permissions is governed by
Google's API Services User Data Policy and the Developer's Privacy Policy.
None of these scopes grant access to Gmail inbox, Google Drive files, Google
Contacts, Google Calendar, or any other sensitive Google service.
================================================================================
17. OPEN SOURCE COMPONENTS
================================================================================
DMS-IA does not incorporate any open source software. The Software is entirely
original proprietary code authored by Rohmit Neelakant Shirgoppi. No open
source licence obligations apply to this Software.
================================================================================
18. EXPORT CONTROLS
================================================================================
The Licensee shall comply with all applicable export control laws and regulations
of India and any other jurisdiction in which the Software is used. The Licensee
shall not export or re-export the Software to any country, entity, or individual
prohibited under applicable export control laws.
DMS-IA is a software product developed in India and intended primarily for use
within India. International deployments are subject to applicable import
regulations of the destination country. The Licensee is solely responsible for
ensuring compliance with all export and import controls in any jurisdiction
outside India, including but not limited to the Foreign Trade (Development and
Regulation) Act 1992 (India) and any applicable regulations of the destination
country.
================================================================================
19. ANTI-CORRUPTION
================================================================================
Each party represents and warrants that it has not and will not offer, promise,
authorise, give, or take any payment, gift, or other advantage that would
constitute a violation of the Prevention of Corruption Act 1988 (India) or any
other applicable anti-corruption law.
================================================================================
21. IP BREACH REMEDY AND PENALTY CLAUSE
================================================================================
21.1 Acknowledgement of Irreparable Harm
The Licensee acknowledges that any unauthorised copying, distribution,
reverse engineering, decompilation, or disclosure of the Software source code
would cause immediate and irreparable harm to the Developer for which monetary
damages would be an inadequate remedy.
21.2 Injunctive Relief
In the event of any actual or threatened breach of Section 2.3 (Licence
Restrictions) or Section 7 (Confidentiality), the Developer shall be entitled
to seek immediate injunctive relief and specific performance from any court of
competent jurisdiction without the obligation to prove actual damage, post a
bond, or exhaust other remedies.
21.3 Liquidated Damages
In addition to injunctive relief and without prejudice to any other remedy,
the Licensee agrees to pay the Developer liquidated damages of:
(a) INR 5,00,000 (Five Lakh Rupees) per instance of unauthorised distribution
of the Software source code to a third party;
(b) INR 2,00,000 (Two Lakh Rupees) per instance of unauthorised deployment
beyond the licensed number of instances;
(c) INR 10,00,000 (Ten Lakh Rupees) if the Software is used to build a
competing product.
The parties agree that these amounts represent a genuine pre-estimate of the
Developer's losses and are not a penalty. These amounts are in addition to
any actual damages proven.
21.4 Legal Costs
In any successful action by the Developer to enforce IP rights or
confidentiality obligations, the Licensee shall pay the Developer's reasonable
legal costs and expenses.
================================================================================
22. SOURCE CODE ESCROW
================================================================================
22.1 Escrow Option
The Developer offers, on request and for an additional fee to be agreed, to
deposit the Software source code with a mutually agreed escrow agent. Escrow
provides the Licensee with access to the source code in the event that the
Developer becomes permanently unable to support the Software due to death,
incapacity, or cessation of business.
22.2 Release Conditions
Escrowed source code shall be released to the Licensee only upon:
(a) Written certification from a licensed medical practitioner that the
Developer is permanently incapacitated; or
(b) Death of the Developer, evidenced by death certificate; or
(c) Written declaration by the Developer that they are ceasing the DMS-IA
business with no successor.
22.3 Licence on Release
Upon release from escrow, the Licensee receives a perpetual, royalty-free,
non-transferable licence to use and maintain the source code solely for their
own internal use within their existing deployment. The Licensee may not
distribute, sell, or sublicence the escrowed source code.
22.4 Requesting Escrow
Licensees wishing to arrange source code escrow should contact the Developer
at romit232091@gmail.com. Escrow is not automatic — it must be separately
requested and agreed. Escrow fees are in addition to the licence fee.
================================================================================
23. MULTI-DEPLOYMENT VOLUME DISCOUNT POLICY
================================================================================
23.1 Volume Discount Eligibility
Licensees purchasing two or more Additional Deployments simultaneously (i.e.
multiple Google Workspace accounts for the same corporate group or organisation)
are eligible for volume discounts on Additional Deployment fees as follows:
Deployments 2–3 : 10% discount on Additional Deployment fee per deployment
Deployments 4–6 : 20% discount on Additional Deployment fee per deployment
Deployments 7–10 : 30% discount on Additional Deployment fee per deployment
Deployments 11+ : By negotiation — contact romit232091@gmail.com
23.2 Eligibility Conditions
Volume discounts apply only where:
(a) All deployments are for the same corporate group, parent, subsidiary, or
affiliated entity under common control;
(b) All deployments are purchased in a single transaction or within 30 days;
(c) The Licensee provides written confirmation of the organisational structure.
23.3 AMC Volume Discounts
AMC renewals for multiple deployments from the same organisation are eligible
for the same volume discount as the original purchase tier.
23.4 Discount Application
Discounts are applied by the Developer at invoice stage. Retrospective discounts
are not available. All discounts are exclusive of GST.
================================================================================
24. TRIAL AND EVALUATION LICENCE
================================================================================
24.1 Trial Licence Grant
The Developer may, at their sole discretion, offer a Trial Licence to
prospective Licensees. A Trial Licence permits the Licensee to install and
use a single deployment of the Software for evaluation purposes only, for a
period not exceeding thirty (30) calendar days from the date of delivery
("Trial Period").
24.2 Trial Licence Restrictions
During the Trial Period:
(a) The Software may be used for internal evaluation only — not for live
operational use;
(b) No more than ten (10) Authorised Users may use the Software;
(c) All other restrictions in Section 2.3 apply in full;
(d) The Licensee may not use the Trial Licence as a basis for building a
competing product.
24.3 Conversion
Upon expiry of the Trial Period, the Licensee must either:
(a) Purchase a full licence to continue using the Software; or
(b) Cease using the Software and delete all copies.
The Developer reserves the right to disable the Software at the end of the
Trial Period if a full licence is not purchased.
24.4 No Warranty During Trial
The Software is provided "AS IS" during the Trial Period with no warranties
of any kind. Section 9.1 (Limited Warranty) does not apply to Trial Licences.
24.5 Trial Licence Fee
Trial Licences may be provided at no charge or at a nominal fee at the
Developer's discretion. Trial fees are non-refundable.
================================================================================
25. ACKNOWLEDGEMENT
================================================================================
BY INSTALLING, DEPLOYING, OR USING DMS-IA, THE LICENSEE ACKNOWLEDGES THAT:
(a) They have read and understood this entire Agreement;
(b) They agree to be bound by all terms and conditions of this Agreement;
(c) They have the authority to bind their organisation to this Agreement;
(d) They understand that this Agreement is a legally binding contract;
(e) The Software source code is protected by copyright and is confidential;
(f) Any violation of this Agreement may result in legal action and liquidated
damages as set out in Section 21.
================================================================================
SCHEDULE A — LICENCE FEE TIERS
================================================================================
Licence fee tiers and pricing will be communicated by the Developer separately
in the invoice or purchase confirmation issued at time of sale.
Indicative pricing in Indian Rupees (INR), exclusive of GST. Final pricing is
confirmed in the invoice at time of purchase. Contact romit232091@gmail.com.
Base Licence:
Users : Up to 50 Authorised Users
Support : 30 days email support
Updates : Critical bug fixes only
Indicative Price: INR 5,000 – 15,000 (one-time, excl. GST)
Standard Licence:
Users : Up to 200 Authorised Users
Support : 90 days email support
Updates : All updates for 6 months
Indicative Price: INR 15,000 – 35,000 (one-time, excl. GST)
Premium Licence:
Users : Unlimited Authorised Users
Support : 12 months priority support (binding SLA — see Schedule C)
Updates : All updates for 12 months
Indicative Price: INR 35,000 – 75,000 (one-time, excl. GST)
Annual Maintenance Charge (AMC — from Year 2):
Coverage : Continued support and updates
Indicative Price: 20–30% of original licence fee per annum (excl. GST)
Note : Entirely optional. Software functions without AMC.
Additional Deployment:
Coverage : Each additional Google Workspace account / deployment
Indicative Price: 50–70% of applicable licence tier fee
Note : Volume discounts available — see Section 23.
Custom Enterprise:
Indicative Price: By negotiation. Contact romit232091@gmail.com.
================================================================================
SCHEDULE B — ACCEPTABLE USE POLICY
================================================================================
The Software may be used only for the following permitted uses:
- Internal memo submission and approval workflow management via the Official
Memo HTML web form (DP-01 validated, HMAC-secured approval links)
- Internal escalation and notification management
- Internal audit trail maintenance
- Internal departmental communication management
- Call Memo submission via QR code for internal overtime call management
- OTP-authenticated worker identification for Call Memo submissions
- Printing and displaying QR codes within the Licensee's own premises
- Uploading photo, video, or document attachments in Official Memos via the
built-in Cloudinary upload, or sharing a legacy Google Drive file link,
where the file is stored in the Licensee's own Google Drive
The Software must NOT be used for:
- Processing memos between different organisations (external use)
- Storing or processing sensitive personal data such as health records,
financial data, or government identification numbers in any memo content
field (Subject, Context / Message, Reason for Overtime) or in any uploaded
attachment
- Any purpose that violates applicable law
- Harassment, discrimination, or illegal activities
- Commercial resale or redistribution
- Any purpose that could damage the reputation of the Developer
- Processing personal data in excess of what is described in the Privacy Policy
- Distributing the QR code beyond the Licensee's own premises or sharing it
with persons outside the Licensee's organisation
- Using the Call Memo Module to collect data from persons who are not
Authorised Users registered in the WORKER LIST and TO sheets
- Using the Official Memo Module to submit memos on behalf of another person
or using another person's DP-01 number
- Attempting to bypass or circumvent OTP authentication or CC DP-01 validation
- Sharing Google Drive attachment links with persons outside the Licensee's
organisation without appropriate authorisation
- Uploading attachment files that exceed the configured size or count limits,
or attempting to bypass those limits
- Attempting to access, download in bulk, or scrape attachment files stored
under the shared vendor Cloudinary account beyond the Licensee's own
submissions
Violation of this Acceptable Use Policy is a material breach of this Agreement
and may result in immediate termination.
================================================================================
SCHEDULE C — SERVICE LEVEL AGREEMENT
================================================================================
Service levels vary by licence tier:
PREMIUM LICENCE — BINDING SLA:
The following targets are binding contractual commitments for Premium Licensees.
Failure to meet these targets entitles the Licensee to a pro-rata credit against
their next AMC payment equivalent to 10% of the monthly licence value per
business day of delay beyond the stated target, up to a maximum of 50% of the
monthly licence value per incident.
Support Acknowledgement : Within 2 business days of email receipt
Critical Bug Fix : Within 10 business days of confirmed reproduction
Non-Critical Bug Fix : Within 30 business days of confirmed reproduction
BASE AND STANDARD LICENCE — INDICATIVE TARGETS (non-binding):
The following targets are indicative and do not constitute binding commitments.
The Developer will use best efforts to meet these targets.
Support Acknowledgement : Within 7 business days of email receipt
Critical Bug Fix : Best effort within 14 business days
Non-Critical Bug Fix : Best effort within 30 business days
ALL TIERS:
Software Availability : Subject to Google platform and Cloudinary
availability. The Developer cannot guarantee
uptime or performance beyond what these
third-party platforms provide.
Quarterly Health Check : Available on request for Premium Licensees.
"Critical Bug" means a defect that prevents the core memo submission and
approval workflow from functioning entirely. "Non-Critical Bug" means any
other confirmed defect. Issues caused by Google platform changes, Cloudinary
platform changes, incorrect deployment, quota exhaustion, or incorrect
Licensee configuration are excluded from SLA coverage.
================================================================================
SIGNATURE BLOCK
================================================================================
By accepting this Agreement (whether electronically, by installing the Software,
or by signing below), the parties agree to be bound by its terms.
DEVELOPER:
Name : Rohmit Neelakant Shirgoppi
Role : Developer and Licensor — DMS-IA
Date : 01 June 2026
Email : romit232091@gmail.com
LICENSEE:
Organisation : _______________________________________________
Authorised
Signatory Name: _______________________________________________
Designation : _______________________________________________
Date : _______________________________________________
Email : _______________________________________________
Signature : _______________________________________________
================================================================================
DMS-IA — Digital Memo System Industrial Automation
Software Licence Agreement and Terms of Service — Version 2.4
Updated for current codebase. Full Legal and Commercial Compliance.
Effective 01 June 2026 | Last Updated 19 July 2026
Copyright © 2026 Rohmit Neelakant Shirgoppi (Aadhaar: Neelkant Shirgoppi)
All Rights Reserved
Protected under the Indian Copyright Act 1957
Diary No. SW-25725/2026-CO
romit232091@gmail.com | +91-9535835504
================================================================================