Version 1.1 – 01-05-2025
1. Introduction
This Legal Policy governs the use of Lucent ERP, a proprietary software product developed and owned by BrainCave Software Private Limited (“BrainCave”, “we”, “us”, or “our”). By accessing, installing, or using Lucent ERP, whether hosted on cloud or on-premise, you (“you” or “the client”) agree to be bound by the terms of this policy and any applicable agreements.
2. Intellectual Property Rights
Lucent ERP, including its source code, database structure, user interface, trademarks, logos, icons, documentation, and training materials, are the sole intellectual property of BrainCave Software Private Limited. No part of the product may be reproduced, copied, reverse-engineered, distributed, or reused in any form without prior written consent.
Customization for a client does not transfer ownership of any part of the core product. Custom modules may remain the property of BrainCave Software unless explicitly agreed upon through a separate written contract.
3. Licensing & Usage
Lucent ERP is available under a subscription or perpetual license model as defined in your agreement. Each license is:
- Non-exclusive
- Non-transferable
- Limited to the client’s internal business use
License usage is subject to the agreed number of users, modules, and features. Unauthorized use or exceeding the permitted usage without approval may result in service suspension or legal action.
4. Client Data Ownership & Security
You retain full ownership of all data entered or generated within your instance of Lucent ERP. BrainCave Software shall never claim rights over client business data. We ensure the security of your data through:
- Encrypted storage and communication protocols
- Role-based access controls
- Routine backups (for cloud clients)
- ISO/IEC-based internal practices (where applicable)
For on-premise installations, the client assumes responsibility for infrastructure and data protection, unless under a managed services contract.
5. Privacy Policy
Lucent ERP adheres to BrainCave Software’s Privacy Policy, which details how user and business data is collected, used, and protected. We do not sell or share your information with third parties without consent. You can access our full privacy policy at:
Privacy Policy
6. Support & Maintenance
Lucent ERP clients are entitled to support as per the service-level agreement (SLA) or chosen package. This may include:
- Email/Phone support
- Ticket-based issue resolution
- System updates and bug fixes
- Custom enhancement services (chargeable)
Clients are expected to be the first line of support for their employees. BrainCave Software will provide second-level support for issues that require technical intervention.
7. Third-Party Integration
Lucent ERP may integrate with third-party applications such as payment gateways, accounting platforms, SMS/email APIs, etc. While we take care to ensure secure integration, BrainCave Software is not liable for:
- Any failure or downtime of third-party services
- Loss of data caused by external systems
- Security vulnerabilities arising from third-party use
Clients are responsible for maintaining active accounts with these third-party vendors.
8. Confidentiality
Both parties agree to treat any exchanged confidential information with the utmost care and shall not disclose such information to any third party without prior written consent. This obligation survives the termination of services.
9. Warranty Disclaimer
Lucent ERP is provided “as is” and “as available.” While we strive for high uptime and performance, BrainCave Software disclaims all warranties, express or implied, including but not limited to:
- Fit for a particular purpose
- Error-free performance
- Uninterrupted availability
Clients must ensure that the product fits their business requirements prior to deployment.
10. Limitation of Liability
To the maximum extent permitted by law, BrainCave Software shall not be liable for:
- Any indirect, incidental, or consequential damages
- Loss of revenue, profit, or business opportunity
- Business interruptions caused by system outages or misuse
Total liability shall not exceed the fees paid in the previous 12 months of service.
11. Termination
BrainCave Software may terminate access to Lucent ERP with prior notice if:
- The client violates terms of use
- Payments are not made as per agreement
- The product is being misused or exploited
Upon termination, the client must discontinue using the software and return or delete any proprietary assets.
12. Governing Law & Jurisdiction
This policy and all transactions related to Lucent ERP shall be governed by the laws of India. All disputes are subject to the exclusive jurisdiction of the courts in Kolkata, West Bengal, unless stated otherwise in a Master Service Agreement.
13. Changes to This Policy
BrainCave Software reserves the right to update or modify this Legal Policy at any time without prior notice. Updates will be reflected on our website or shared via official communication.