Legal
Terms & Conditions
Effective date: 10 October 2026
1. Introduction and Acceptance of Terms
These Terms & Conditions (“Terms”) govern access to and use of LibControl, including its library management software, study-seat management features, associated websites, dashboards, applications, documentation, and related services provided by Phenomit (“Phenomit”, “we”, “us”, or “our”).
These Terms apply to libraries, educational institutions, study centres, organisations, individual subscribers, authorised administrators, staff members, and other users who access or use LibControl.
By registering an account, purchasing a subscription, accessing the software, requesting activation, or otherwise using the services, you (“Customer”, “you”, or “your”) agree to these Terms and any applicable subscription agreement, order confirmation, quotation, or other written commercial arrangement.
If you are accepting these Terms on behalf of a library, institution, or organisation, you confirm that you are authorised to accept them on its behalf.
If you do not agree to these Terms, you must not purchase, access, or use the services.
2. Definitions
For the purposes of these Terms:
- LibControl means the library and study-seat management software and associated services provided by Phenomit.
- Customer means the individual, library, institution, study centre, or organisation subscribing to or using LibControl.
- Authorised User means a person permitted by the Customer to access the software under the Customer's account.
- Customer Data means information, records, documents, and other content submitted to or maintained through LibControl by the Customer or its Authorised Users.
- Subscription means the agreed right to access and use LibControl for a specified period and under a selected plan.
- Services means the software, hosting, support, maintenance, onboarding, and other services expressly included in the applicable subscription or written agreement.
- Subscription Fees means the charges payable for the selected plan and any additional services agreed upon by the parties.
3. Description of Services
LibControl is a cloud-based software solution intended to support library administration, membership records, study-seat management, and related operational activities.
Depending on the subscription plan and configuration, the services may include:
- Library and branch administration.
- Member and student record management.
- Study-seat allocation and occupancy management.
- Account and user administration.
- Operational dashboards and reports.
- Subscription or fee-record management, where available.
- Other features expressly included in the selected plan.
The features available to a Customer depend on the subscribed plan, software version, account configuration, and written commercial agreement.
Phenomit may develop new features, modify existing functionality, introduce security improvements, and update the user interface or technical architecture from time to time.
We will make reasonable efforts to ensure that changes do not materially undermine the core functionality of a paid subscription during its agreed term. Any applicable contractual commitments will take precedence over general statements in these Terms.
Features shown in demonstrations, screenshots, promotional materials, or future product plans are not necessarily included in every subscription.
4. Account Registration and Access
To use subscription-based features, the Customer may be required to register an account and provide information requested by Phenomit.
The Customer agrees to:
- Provide accurate, complete, and current registration and billing information.
- Update account information when necessary.
- Maintain the confidentiality of login credentials.
- Restrict access to authorised individuals.
- Assign appropriate roles and permissions to staff members.
- Notify Phenomit promptly of suspected unauthorised access or account compromise.
- Ensure that Authorised Users comply with these Terms.
The Customer is responsible for activities carried out through its accounts, subject to applicable law and any security failures attributable to Phenomit.
Phenomit may request reasonable verification of the Customer's identity or authority where necessary to protect account security, prevent misuse, or comply with legal requirements.
Accounts must not be sold, transferred, shared, or resold to unrelated parties except where expressly authorised in writing by Phenomit.
5. Customer Responsibilities
The Customer is responsible for the manner in which LibControl is configured and used within its library or organisation.
The Customer agrees to:
- Use the software only for lawful library, study-centre, or other expressly authorised operational purposes.
- Ensure that information entered into the system is accurate and maintained appropriately.
- Obtain any required permissions, notices, consents, or other lawful authority before collecting or uploading personal information.
- Ensure that its staff members are appropriately authorised and trained.
- Maintain reasonable internal procedures for account security, record management, and access control.
- Use compatible devices, browsers, networks, and internet connections.
- Cooperate reasonably with Phenomit when resolving technical issues or implementing agreed services.
- Maintain appropriate copies or backups of important business records where necessary.
- Comply with applicable laws, regulations, contractual obligations, and third-party rights.
- Pay subscription fees and other agreed charges within the applicable payment period.
The Customer remains responsible for its own business operations, membership policies, study-seat allocation rules, fee structures, record accuracy, and decisions made using information generated by the software.
6. Acceptable Use
The Customer and its Authorised Users must not:
- Use LibControl for unlawful, fraudulent, deceptive, or unauthorised purposes.
- Attempt to gain unauthorised access to another customer's account, records, systems, or infrastructure.
- Interfere with the security, integrity, or normal functioning of the software.
- Introduce malicious code, viruses, or other harmful software.
- Reverse engineer, decompile, disassemble, or attempt to derive source code, except to the extent such restrictions are prohibited by applicable law.
- Copy, modify, reproduce, distribute, or commercially exploit the software except as expressly authorised.
- Resell, sublicense, rent, or make the software available to unrelated third parties without written permission.
- Circumvent subscription limits, account restrictions, or security controls.
- Use the service in a manner that infringes intellectual property, privacy, or other legal rights.
- Conduct unauthorised penetration testing, automated scraping, or security assessments without prior written approval.
- Upload information that the Customer is not legally authorised to process.
Phenomit may investigate suspected violations and take proportionate action, including restricting access or suspending accounts where reasonably necessary to protect users, systems, or legal interests.
7. Subscription Plans and Licensing
Access to paid features is provided under the subscription plan selected by the Customer and confirmed by Phenomit.
Subject to payment of applicable fees and compliance with these Terms, Phenomit grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use LibControl for its own authorised library or organisational operations during the active subscription term.
The licence does not transfer ownership of the software or any associated intellectual property to the Customer.
Subscription plans may differ in terms of:
- Available features and modules.
- Number of branches, users, members, or records.
- Storage, usage, or other technical limits.
- Support and maintenance arrangements.
- Onboarding, configuration, or implementation services.
- Additional services and charges.
The applicable quotation, order confirmation, or subscription agreement will specify the Customer's plan and any relevant limits.
A Customer requiring additional users, branches, capacity, custom development, integrations, or other services may need to upgrade its plan or purchase additional services.
8. Subscription Fees, Billing, and Taxes
The Customer agrees to pay the subscription fees and other charges stated in the applicable quotation, invoice, order confirmation, or subscription agreement.
Depending on the agreed plan, subscriptions may be billed monthly, annually, or according to another written payment schedule.
Unless expressly stated otherwise:
- Fees are payable according to the payment terms communicated by Phenomit.
- Applicable taxes, including GST where legally chargeable, will be added to the quoted price.
- Customisation, additional implementation, migration, training, or other out-of-scope services may incur additional charges.
- Any promotional pricing or discount will apply only under the conditions specified when offered.
- The Customer is responsible for providing accurate billing details and applicable tax information.
Phenomit may issue invoices electronically using the contact information provided by the Customer.
If a Customer disputes an invoice, it should notify Phenomit promptly and provide reasonable details of the dispute. The parties will make reasonable efforts to resolve genuine billing disputes.
9. Late Payments and Suspension for Non-Payment
If the Customer fails to pay an amount when due, Phenomit may issue a payment reminder or notice identifying the outstanding amount and requesting payment.
If payment remains overdue after reasonable notice and an opportunity to remedy the default, Phenomit may restrict or suspend access to the relevant paid services, subject to applicable law and any contrary contractual commitment.
Where reasonably practicable, Phenomit will notify the Customer before suspension and provide an opportunity to resolve the outstanding payment.
Suspension for non-payment does not automatically cancel amounts already due under the subscription agreement.
Access may be restored after the outstanding amounts and any other applicable requirements have been satisfied.
Phenomit will take reasonable care to handle Customer Data during any suspension and will follow the applicable contractual and legal requirements regarding its retention, access, and deletion.
10. Subscription Renewal and Price Changes
Subscriptions may renew automatically or require manual renewal, depending on the plan and written agreement.
The applicable renewal process, subscription duration, notice period, and renewal fees will be communicated to the Customer before or at the time of subscription.
Where automatic renewal applies, the Customer is responsible for reviewing the applicable renewal conditions and cancelling in accordance with the stated procedure if it does not wish to renew.
Phenomit may revise prices for future subscription periods by providing reasonable advance notice. Unless otherwise agreed in writing, a price change will not retrospectively alter fees already paid for an existing fixed subscription term.
Any changes to renewal terms will be subject to applicable law and the relevant subscription agreement.
11. Refunds and Cancellations
Subscription cancellations, refunds, credits, and other adjustments will be governed by the applicable Refund Policy, available at:
https://libcontrol.in/refund-policy.html
Unless otherwise expressly agreed in writing or required by applicable law, fees for a subscription period already commenced may be non-refundable.
The availability of a refund may depend on the service purchased, the circumstances of cancellation, the applicable refund conditions, and any mandatory consumer rights.
A Customer wishing to cancel a subscription should submit a written request to Phenomit and obtain confirmation of the applicable cancellation date and any remaining obligations.
Cancellation does not automatically extinguish outstanding payment obligations incurred before the effective cancellation date.
12. Implementation, Onboarding, and Customisation
Phenomit may provide onboarding, configuration, training, data migration, integration, or customisation services where included in the Customer's plan or separately agreed in writing.
The scope, fees, deliverables, dependencies, and timelines for such services will be determined by the relevant quotation or written agreement.
Implementation timelines may depend on the Customer's readiness, data quality, timely provision of information, access to existing systems, third-party dependencies, and approval of requirements.
Any estimated delivery date is indicative unless expressly confirmed as a binding commitment in writing.
Work falling outside the agreed scope may require a separate quotation and written approval before commencement.
13. Availability, Maintenance, and Technical Support
Phenomit aims to maintain a reliable service but does not guarantee uninterrupted or error-free availability at all times.
Temporary interruptions may occur due to:
- Scheduled maintenance and software updates.
- Emergency security fixes or technical repairs.
- Hosting, network, or telecommunications failures.
- Third-party service outages.
- Cybersecurity incidents.
- Events beyond Phenomit's reasonable control.
Where reasonably practicable, Phenomit will provide advance notice of planned maintenance that may materially affect service availability.
Technical support will be provided in accordance with the applicable subscription plan and agreed service scope.
Unless otherwise agreed in writing, the standard support window is Monday to Saturday, 9:00 a.m. to 6:00 p.m. Indian Standard Time (IST), excluding applicable public holidays or other notified closures.
Support response times, resolution targets, dedicated support arrangements, and service-level commitments will apply only where expressly included in the relevant plan or written agreement.
14. Customer Data and Data Protection
The Customer retains its rights in Customer Data, subject to applicable third-party rights and the licences necessary for Phenomit to provide the services.
The Customer grants Phenomit permission to host, store, transmit, organise, process, and otherwise handle Customer Data only to the extent reasonably necessary to provide, secure, maintain, and support LibControl and fulfil applicable legal obligations.
The Customer is responsible for ensuring that it has the lawful authority to submit and process Customer Data, including personal information relating to library members, students, staff, or other individuals.
Phenomit will handle personal information in accordance with its Privacy Policy:
https://libcontrol.in/privacy-policy.html
The parties' respective responsibilities for personal information will depend on the applicable law and their actual roles in the relevant processing activities.
The Customer should not upload unnecessary sensitive personal information or information that it is not authorised to process.
Phenomit will take reasonable measures designed to protect Customer Data. However, no online system can be guaranteed to be completely secure, and the Customer remains responsible for appropriate account management and internal access controls.
15. Data Backup, Export, and Deletion
The Customer is responsible for maintaining appropriate records and backups for its own business continuity needs, unless backup services are expressly included in a written agreement.
Phenomit may maintain technical backups or recovery copies as part of its operational and security procedures. The frequency, retention period, and restoration arrangements may depend on the technical environment and applicable service plan.
Customers who require data export should submit a request through the designated support channel, preferably before the subscription expires or is terminated.
Where technically available, legally permitted, and consistent with the applicable agreement, Phenomit may provide an export of Customer Data in a reasonably usable format.
After termination, access to the software may be disabled. Data export, retrieval, retention, and deletion will be handled according to the applicable agreement, Privacy Policy, technical limitations, and legal requirements.
Customers should request any required export before account closure and verify that their exported records are complete.
Any additional data recovery, migration, or custom export services may be subject to separate charges if disclosed and agreed in advance.
16. Intellectual Property Rights
LibControl, including its software code, architecture, interface, design, documentation, trademarks, logos, graphics, and associated materials, is owned by Phenomit or its relevant licensors and is protected by applicable intellectual property laws.
Except for the limited licence expressly granted under these Terms, no ownership rights are transferred to the Customer.
The Customer must not reproduce, modify, distribute, publish, reverse engineer, or commercially exploit Phenomit's intellectual property except where expressly authorised or permitted by applicable law.
The Customer retains ownership of its own trademarks, business materials, and Customer Data.
If the Customer provides feedback, suggestions, or recommendations concerning LibControl, Phenomit may use that feedback to improve its services without restriction or compensation, provided that this does not transfer ownership of the Customer's confidential information or personal data.
17. Third-Party Services and Integrations
LibControl may rely on third-party hosting, communication, payment, analytics, or other technology services.
Where third-party products or integrations are offered, their availability and functionality may be subject to the relevant provider's terms, technical requirements, fees, and policies.
Phenomit is not responsible for independent third-party services or interruptions caused by a third party, except to the extent responsibility cannot lawfully be excluded or is expressly assumed under a written agreement.
The Customer must comply with applicable third-party terms when using integrated services.
18. Confidentiality
Each party may receive confidential business, technical, commercial, or operational information from the other party while performing its obligations.
The receiving party agrees to use reasonable care to protect confidential information and to use it only for the purposes for which it was disclosed or as otherwise authorised.
Confidential information may be disclosed to personnel, professional advisers, or service providers who reasonably need access to it and are subject to appropriate confidentiality obligations.
These restrictions do not apply to information that the receiving party can demonstrate is publicly available through no breach of these Terms, was lawfully known before disclosure, was independently developed, or was lawfully obtained from another source without a confidentiality restriction.
A party may disclose confidential information where required by law, subject to any legally permitted notice obligations.
Personal information will also be handled in accordance with the Privacy Policy and applicable data protection requirements.
19. Warranties and Disclaimers
Phenomit will make reasonable efforts to provide the services in accordance with the applicable subscription plan and written agreement.
Except for commitments expressly made in writing and to the extent permitted by applicable law, LibControl is provided on an “as available” basis.
Phenomit does not warrant that:
- The software will be available without interruption at all times.
- Every feature will meet every Customer's individual requirements.
- The software will be entirely free from errors or technical defects.
- Every issue will be resolved within a particular timeframe unless agreed in writing.
- Use of the software will guarantee increased revenue, memberships, occupancy, productivity, or other business outcomes.
The Customer remains responsible for verifying important records, reviewing reports, and making its own operational and business decisions.
Nothing in these Terms excludes a warranty, statutory protection, or other right that cannot lawfully be excluded under applicable law.
20. Limitation of Liability
To the maximum extent permitted by applicable law, Phenomit shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential loss arising from the use of, inability to use, or interruption of LibControl.
Such losses may include loss of profits, revenue, anticipated savings, business opportunities, goodwill, or data, where exclusion is legally permissible.
Subject to applicable law and the exceptions set out below, Phenomit's aggregate liability arising out of or in connection with the relevant claim shall not exceed the subscription fees actually paid by the Customer to Phenomit for LibControl during the three months immediately preceding the event giving rise to the claim.
This limitation will not apply to the extent prohibited by law, including any liability that cannot lawfully be excluded or limited. It is not intended to exclude liability for fraud, wilful misconduct, or other matters where such exclusion is legally impermissible.
The parties may agree to different liability limits in a separate written agreement.
21. Indemnity
To the extent permitted by applicable law, the Customer agrees to be responsible for third-party claims, losses, or reasonable costs arising directly from:
- The Customer's unlawful use of LibControl.
- Customer Data that the Customer was not authorised to collect, upload, or process.
- The Customer's material breach of these Terms.
- The Customer's infringement of third-party rights.
- Unauthorised access caused by the Customer's failure to maintain reasonable account security.
This provision does not require the Customer to indemnify Phenomit for losses to the extent caused by Phenomit's own breach, negligence, wilful misconduct, or other conduct for which liability cannot lawfully be excluded.
Where appropriate, the parties will cooperate in the handling of relevant claims and take reasonable steps to mitigate losses.
22. Suspension of Services
Phenomit may temporarily suspend or restrict access to all or part of LibControl where reasonably necessary to:
- Address a material security risk.
- Prevent unauthorised access or unlawful activity.
- Investigate suspected misuse or a material breach of these Terms.
- Comply with a lawful direction or legal obligation.
- Carry out urgent maintenance or technical repairs.
- Address overdue payments in accordance with the applicable payment terms.
Where reasonably practicable, Phenomit will provide notice and an opportunity to remedy the issue before suspension.
Where immediate action is reasonably necessary to protect security, users, or systems, suspension may occur without advance notice, subject to applicable law.
Phenomit will make reasonable efforts to restore affected services once the circumstances requiring suspension have been resolved.
23. Term and Termination
These Terms remain effective while the Customer accesses or uses LibControl, subject to the applicable subscription arrangements.
Either party may terminate a subscription in accordance with the cancellation and termination provisions of the relevant subscription agreement.
Where no separate termination procedure has been agreed, either party may request termination by providing written notice, subject to applicable payment obligations, the subscription period, and mandatory legal requirements.
Phenomit may terminate or suspend the relevant services if the Customer materially breaches these Terms and fails to remedy the breach within a reasonable period after written notice, where the breach is capable of remedy.
Phenomit may take immediate action where reasonably necessary in response to unlawful conduct, serious security risks, or circumstances requiring immediate intervention, subject to applicable law.
Upon termination:
- The Customer's right to access and use the relevant paid services will end.
- Outstanding fees and other accrued obligations will remain payable.
- Access to the Customer's account may be disabled.
- Data export and retention will be handled under Section 15 and the applicable privacy and contractual requirements.
- Provisions that by their nature should survive termination, including intellectual property, confidentiality, accrued payment obligations, applicable liability limitations, and dispute-related provisions, will continue to apply to the extent legally enforceable.
24. Force Majeure
Neither party will be responsible for a delay or failure to perform its obligations to the extent directly caused by circumstances beyond its reasonable control, including natural disasters, epidemics, war, civil unrest, government action, widespread network failures, major power outages, or disruptions affecting essential third-party infrastructure.
The affected party will make reasonable efforts to minimise the impact and resume performance as soon as reasonably practicable.
This section does not excuse payment obligations for services already provided or restrict rights that cannot lawfully be excluded.
25. Amendments to These Terms
Phenomit may update these Terms to reflect changes in LibControl, its business operations, security requirements, service arrangements, or applicable law.
The revised Terms will be published on the website with an updated effective or revision date.
Where a change materially affects an existing paid subscription, Phenomit will provide reasonable notice where practicable and comply with applicable contractual and legal requirements.
If a Customer does not agree to a material change, the Customer may contact Phenomit to discuss its options under the applicable subscription agreement and law.
Continued use following the effective date of revised Terms will constitute acceptance only to the extent such acceptance is legally valid and permitted.
26. Governing Law and Jurisdiction
These Terms shall be governed by and interpreted in accordance with the laws of India.
Subject to applicable law and mandatory consumer protections, the competent courts at Hisar, Haryana, India, shall have exclusive jurisdiction over disputes arising out of or in connection with these Terms.
Nothing in this section limits any jurisdictional right or remedy that cannot lawfully be restricted.
27. General Provisions
Entire agreement: These Terms, together with the applicable subscription agreement, order confirmation, Privacy Policy, Refund Policy, and other incorporated documents, constitute the agreement governing the relevant services. In the event of a conflict, the specific written subscription agreement will prevail for the matters it expressly addresses, subject to applicable law.
Severability: If any provision is held invalid or unenforceable, the remaining provisions will continue in effect to the extent legally permissible.
No waiver: A failure or delay in enforcing a provision does not constitute a waiver of that provision or any other right.
Assignment: The Customer may not assign or transfer its subscription or rights under these Terms without Phenomit's prior written consent, except where applicable law provides otherwise. Phenomit may assign its rights or obligations as part of a lawful business restructuring or transfer, subject to applicable law and contractual requirements.
Notices: Notices concerning billing, support, suspension, or termination may be sent to the contact details associated with the Customer's account or to another address agreed in writing. The Customer is responsible for keeping its contact details current.
Relationship of the parties: These Terms do not create a partnership, joint venture, employment relationship, or agency relationship between Phenomit and the Customer.
No third-party rights: Except where applicable law or an express written agreement provides otherwise, these Terms do not confer contractual rights on persons who are not parties to the relevant agreement.
28. Contact Information
For questions about these Terms, subscription arrangements, payments, cancellations, or use of LibControl, please contact:
Phenomit — LibControl Library and Study-Seat Management Software
- Website: https://libcontrol.in
- Email: info@phenomit.com
- Phone / WhatsApp: +91 8076 105 181
- Address: Phenomit, Rishi Nagar, Hisar – 125001, Haryana, India.
Please include your library or organisation name and relevant account details when contacting our team. Do not send passwords or unnecessary sensitive personal information by email.
By purchasing, accessing, or using LibControl, you acknowledge that you have had the opportunity to review these Terms and agree to the provisions applicable to your use of the services, subject to applicable law.