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
Last Updated: December 9, 2024 Version: 1.0 (Solo Proprietorship Edition)
These Terms & Conditions have been prepared for sole proprietorship compliance with Indian laws including the Information Technology Act, 2000, Digital Personal Data Protection Act, 2023, Consumer Protection Act, 2019, and other applicable regulations. For any clarification or legal questions, please contact us at info@smartsaas.in
© 2024 Smart SaaS. All rights reserved.