Terms & conditions

Last Updated: December 9, 2024

Effective Date: December 9, 2024

1. Acceptance of Terms

By accessing or using any Smart SaaS (“Company”, “we”, or “us”) website, software, or service (“Service”), you agree to these Terms & Conditions (“Terms”) and our Privacy Policy. Continued use indicates your acceptance of all changes and policies.

If you do not agree to these Terms, please do not use our Service.

These Terms constitute a legally binding agreement between you and Smart SaaS, a sole proprietorship business registered in Sultanpur Lodhi, Punjab, India.

2. Eligibility and Account Registration

2.1 Age and Legal Requirements

You must be at least 18 years old (or legal age as per Indian law) and have the legal capacity to enter into binding contracts. You must provide true, complete, and current information at registration.

2.2 Account Security and Responsibilities

•You are solely responsible for maintaining the confidentiality of your login credentials

•You must notify us immediately of any unauthorized access to your account

•Account sharing with third parties is strictly prohibited

•You cannot use an account that does not belong to you

•Two-factor authentication is strongly recommended for enhanced security

•Smart SaaS is not liable for any losses due to unauthorized access resulting from your negligence

2.3 Payment Method Authorization

Use of unauthorized or third-party payment methods is strictly at your own risk and may result in immediate account termination.

3. Service Description

Smart SaaS provides cloud-based software solutions, automation tools, and digital services designed to streamline business operations and enhance productivity. Our Platform offers various SaaS products including but not limited to:

•Business automation software

•Data management tools

•Social media management solutions

•Marketing automation platforms

•Integrated service solutions

•API integrations with third-party platforms

Some features may integrate with third-party services and APIs. These integrations depend on external services that may change, become unavailable, or discontinue without notice.

4. Free Trial & Refund Policy

4.1 Free Trial

All customers are offered a free trial period to evaluate our Service before purchase. During the trial:

•Valid payment method required for activation

•Automatic conversion to paid subscription unless cancelled before trial expiration

•Trial cancellation results in immediate service termination

•No additional trial periods will be provided after cancellation

4.2 No Refund Policy

Once a paid plan is purchased, all sales are final and non-refundable, including but not limited to:

•Service disruptions due to third-party, platform, or API changes

•Performance issues or outages beyond our reasonable control

•User dissatisfaction with service features

•Failure to use purchased services

•Technical difficulties arising from user actions or omissions

4.3 Legal Exceptions

Refunds or chargebacks are possible only as required by Indian law, including:

•Unauthorized or fraudulent transactions (subject to investigation)

•Defective services as defined under Consumer Protection Act, 2019

•Service failures exceeding our stated service level commitments

For exceptional legal circumstances, contact: info@smartsaas.in

All refund requests will be processed strictly as per applicable Indian law after thorough review and investigation.

5. Pricing, Currency & Taxation

5.1 Pricing and Currency

•All prices are listed in INR (Indian Rupees) and/or USD (United States Dollars)

•Prices and promotional offers are subject to change at any time at our sole discretion

•Current pricing is effective as displayed at checkout

•We reserve the right to modify subscription fees with 30 days’ notice

5.2 Taxation for Indian Customers

GST Status: Smart SaaS is currently not registered under GST

•No GST will be charged on services until GST registration threshold is reached

•Once GST registered, GST @ 18% will be applicable on all services

•GST invoices will be provided as per Indian GST laws when applicable

•TDS (Tax Deducted at Source) may be applicable for B2B transactions above statutory thresholds

5.3 International Customers

•Responsible for any local taxes, duties, VAT, or levies applicable in their country

•Currency conversion charges (if any) are borne by the customer

•Compliance with local tax laws is the customer’s responsibility

5.4 Payment Processing

•Payments processed through secure, PCI-compliant payment gateways

•We accept major credit cards, debit cards, UPI, net banking, and digital wallets

•Payment failures may result in service suspension until resolved

•All payment disputes must be raised within 30 days of transaction

6. Automatic Renewal & Cancellation

6.1 Automatic Renewal

•Paid subscriptions automatically renew at the end of each billing cycle

•Renewal charges will be as per current rates at the time of renewal

•We will attempt to notify you before renewal via email or platform notification

•Continued use after renewal constitutes acceptance of current terms and pricing

6.2 Cancellation Policy

•Cancel your subscription anytime via your account dashboard before the next billing date

•Cancellation must be completed at least 24 hours before the next billing cycle

•Cancellation immediately terminates paid access at the end of your current billing period

•No reactivation of previous trial offers or discontinued plans once cancelled

•Cancelled accounts may be permanently deleted after 90 days

6.3 Service Suspension

We reserve the right to suspend services for:

•Non-payment of fees

•Violation of these Terms

•Suspected fraudulent activity

•Legal or regulatory requirements

7. Acceptable Use Policy

7.1 Permitted Uses

The Service may only be used for lawful, legitimate business and personal purposes in compliance with all applicable Indian and international laws.

7.2 Strictly Prohibited Activities

You agree not to engage in any of the following activities:

Technical Violations:

•Reverse engineering, decompiling, or attempting to extract source code

•Automated data scraping, crawling, or bot usage without authorization

•Attempting to breach, disable, or circumvent security measures

•Overloading our infrastructure or conducting denial-of-service attacks

•Unauthorized copying, distribution, or resale of our services

Account and Access Violations:

•Creating multiple accounts to bypass service limitations

•Sharing account credentials or accessing others’ accounts without permission

•Using accounts registered with false or misleading information

•Impersonating other individuals, entities, or Smart SaaS personnel

•Circumventing payment systems or using unauthorized payment methods

Content and Communication Violations:

•Uploading, sharing, or transmitting illegal, harmful, or infringing content

•Posting defamatory, obscene, threatening, or harassing material

•Distributing spam, unsolicited communications, or malicious software

•Violating intellectual property rights of Smart SaaS or third parties

Business and Legal Violations:

•Using the service for fraudulent, illegal, or unauthorized purposes

•Violating any applicable Indian laws, regulations, or court orders

•Interfering with other users’ access to or enjoyment of the service

•Engaging in activities that damage our reputation or business operations

7.3 Enforcement

•Violation of this policy may result in immediate account suspension or permanent termination

•We reserve sole discretion in determining policy violations

•No refunds will be provided for accounts terminated due to policy violations

•We may report illegal activities to appropriate law enforcement authorities

•Repeat offenders will be permanently banned from all Smart SaaS services

8. User Content & Data Management

8.1 User Content Responsibility

•All content uploaded, shared, or transmitted via our Service is solely your responsibility

•You must not post any content that is copyrighted, confidential, illegal, or violates third-party rights

•You warrant that you have all necessary rights and permissions for content you submit

•You are liable for any claims arising from your content or its use

8.2 License Grant to Smart SaaS

By submitting content to our Service, you grant Smart SaaS a worldwide, non-exclusive, royalty-free license to:

•Use, host, store, display, and process your content for service delivery

•Backup and restore your content for service continuity

•Use anonymized, aggregated data for service improvement and analytics

•Comply with legal obligations, court orders, or regulatory requirements

8.3 Data Retention Policy

Active Accounts:

•Data retained throughout your subscription period

•Regular automated backups maintained for service continuity

Cancelled/Terminated Accounts:

•Account data deleted within 90 days of cancellation unless legally required to retain

•Backup data may be retained for additional 30 days for recovery purposes

•Users may request immediate deletion subject to legal obligations

9. Service Availability and Support

9.1 Service Level Commitment

•Target Uptime: 99.5% monthly uptime (excluding scheduled maintenance)

•Scheduled Maintenance: Maximum 4 hours per month with 48-hour advance notice

•Emergency Maintenance: As required with immediate notification when possible

9.2 Support Services

Support Channels:

•Email support: info@smartsaas.in

•In-platform help desk and documentation

•Knowledge base and video tutorials

Response Times (Business Hours: 9 AM – 6 PM IST, Monday-Friday):

•Critical issues: Within 4 hours

•General inquiries: Within 24 hours

•Billing issues: Within 12 hours

9.3 Service Modifications

•We reserve the right to modify, enhance, or discontinue any aspect of our Service

•Material changes will be communicated with reasonable advance notice

•Discontinued features may be replaced with alternative solutions when possible

10. Data Protection and Privacy

10.1 Compliance with Indian Data Protection Laws

We collect and process personal data in accordance with:

•Digital Personal Data Protection Act, 2023 (DPDP Act)

•Information Technology Act, 2000 and IT Rules

•Our comprehensive Privacy Policy

•Other applicable Indian data protection regulations

10.2 User Rights Under DPDP Act, 2023

You have the following rights regarding your personal data:

•Right to Access: Request copies of your personal data

•Right to Correction: Correct inaccurate or incomplete data

•Right to Erasure: Request deletion of your personal data

•Right to Data Portability: Receive your data in a structured format

•Right to Withdraw Consent: Withdraw consent for data processing

•Right to Grievance Redressal: File complaints regarding data processing

10.3 Data Security Measures

•Industry-standard encryption for data transmission and storage

•Regular security audits and vulnerability assessments

•Access controls and authentication mechanisms

10.4 Data Breach Notification

Users will be notified of data breaches as required under DPDP Act, 2023 within 72 hours of becoming aware of the breach.

11. Limitation of Liability and Disclaimers

11.1 Service Warranty Disclaimer

Our Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, whether express or implied.

11.2 Limitation of Liability

To the maximum extent permitted by Indian law, Smart SaaS shall not be liable for:

•Loss of profits, revenue, business opportunities, or goodwill

•Consequential, incidental, special, or punitive damages

•Data loss or corruption (beyond our data retention commitments)

•Actions, errors, or omissions of third-party service providers

•Misuse of the Service or violation of these Terms

11.3 Maximum Liability Cap

Our total aggregate liability for all claims shall not exceed the amount you paid us in the 1 month immediately preceding the claim, or ₹10,000 (Ten Thousand Indian Rupees), whichever is lower.

11.4 Consumer Protection Act Compliance

Nothing in these Terms shall limit our liability for:

•Death or personal injury caused by our negligence

•Fraud or fraudulent misrepresentation

•Any liability that cannot be excluded under the Consumer Protection Act, 2019

12. Intellectual Property Rights

12.1 Smart SaaS Proprietary Rights

All rights, title, and interest in and to the Service remain the exclusive property of Smart SaaS, including:

•Software, source code, algorithms, and technical documentation

•Trademarks, service marks, logos, and brand names

•Website design, user interface, and user experience elements

•Proprietary databases, content, and methodologies

12.2 User License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

12.3 User Content Ownership

•You retain ownership of content you create and upload to our Service

•Smart SaaS does not claim ownership of your original content

•Any feedback or suggestions you provide may be used by Smart SaaS without compensation

13. Third-Party Integrations and APIs

13.1 Third-Party Service Dependencies

Our Service integrates with various third-party APIs and platforms. Smart SaaS is not responsible for:

•Availability, performance, or reliability of third-party services

•Changes to third-party terms, policies, or API specifications

•Service interruptions caused by third-party modifications or outages

•Costs or fees imposed by third-party service providers

13.2 Third-Party Terms Compliance

Your use of integrated third-party services is subject to their respective terms and conditions. You are responsible for complying with all applicable third-party terms.

14. Indemnification

You agree to indemnify, defend, and hold harmless Smart SaaS from and against any claims, liabilities, damages, losses, costs, and expenses arising from or relating to:

•Any violation of these Terms or our policies

•Your misuse of the Service or failure to comply with applicable laws

•Content you submit, upload, or share through the Service

•Your infringement of third-party intellectual property or other rights

15. Force Majeure

Smart SaaS shall not be liable for any delays, failures, or interruptions in service delivery due to circumstances beyond our reasonable control, including but not limited to:

•Natural disasters, pandemics, or public health emergencies

•War, terrorism, civil unrest, or political instability

•Government actions, regulations, or court orders

•Internet backbone failures or widespread connectivity issues

•Power outages or telecommunications network disruptions

16. Consumer Protection and Dispute Resolution

16.1 Consumer Rights Under Indian Law

As per the Consumer Protection Act, 2019, consumers have the right to seek redressal for defective goods or deficient services.

16.2 Grievance Redressal Mechanism

Internal Grievance Process:

1.Contact our support at info@smartsaas.in

2.Response Timeline: Acknowledgment within 48 hours, resolution within 15 working days

External Dispute Resolution:

•Consumer forums as per Consumer Protection Act, 2019

•District Consumer Disputes Redressal Commission (for claims up to ₹1 crore)

17. Governing Law and Jurisdiction

17.1 Governing Law

These Terms are governed by and construed in accordance with the laws of India.

17.2 Jurisdiction and Venue

Primary Jurisdiction: District Courts of Kapurthala (covering Sultanpur Lodhi), Punjab, India

Consumer Disputes: Consumer Protection Act, 2019 forums have concurrent jurisdiction for consumer disputes.

18. Modifications to Terms

18.1 Right to Modify

Smart SaaS reserves the right to modify, update, or revise these Terms at any time. Material changes will be communicated with 30 days advance notice via email.

18.2 Effective Date of Changes

Changes become effective on the date specified in the notice. Continued use after the effective date constitutes acceptance.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Smart SaaS regarding the Service.

19.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

19.3 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

19.4 Electronic Communications

You consent to receive all communications from us electronically, including emails and in-platform notifications.

20. Contact Information and Support

20.1 Business Information

Smart SaaS

Proprietor: Amandeep Singh

Business Address: Sultanpur Lodhi, Kapurthala, Punjab, India

PIN: 144626

20.2 Contact Details

General Inquiries: info@smartsaas.in

Support: info@smartsaas.in

Legal and Compliance: info@smartsaas.in

Billing and Accounts: info@smartsaas.in

Data Protection Officer: Amandeep Singh (Proprietor)

Grievance Officer: Amandeep Singh (Proprietor)

20.3 Business Hours

Customer Support:

Monday to Friday: 9:00 AM to 6:00 PM (IST)

Saturday: 10:00 AM to 4:00 PM (IST)

Sunday and Public Holidays: Closed

Emergency Support: Critical issues may be reported 24/7 via email with response during next business hours.

21. Acknowledgment and Acceptance

By clicking “I Accept,” creating an account, or using our Service in any manner, you acknowledge that:

1.You have read and understood these Terms & Conditions in their entirety

2.You agree to be legally bound by all provisions contained herein

3.You have the legal capacity to enter into this binding agreement

4.You will comply with all applicable laws while using our Service

5.You understand the risks associated with internet-based services

6.You accept our Privacy Policy and data processing practices

7.You consent to electronic communications and digital contract formation