Welcome to SmartAgentic!
Please read these Terms and Conditions (“Terms”, “Terms of Service”) carefully before using our website – https://www.smartagentic.com and the SmartAgentic CRM platform (the “Service”) operated by Inausco Digital Pvt Ltd (“Company”, “we”, “our”, or “us”).
By accessing or using our Website or Services, you agree to be bound by these Terms. If you do not agree to all the Terms, you may not access the Website or use any Services.
1. Definitions
In these Terms:
2. Eligibility
To use our Service, you must:
3. Account Registration
When you sign up, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use.
We reserve the right to suspend or terminate your account if we believe your account has been used in violation of these Terms or applicable law.
4. Services and Use Restrictions
You agree not to:
5. Scope of Services
Subscription Services
During the Subscription Term you are granted a non-transferable, non-exclusive right to permit authorized users (as set out in your MoU) to access and use the Service in accordance with these Terms, the MoU and applicable laws.
We may update the Service from time to time. We are not obliged to provide any particular new feature, upgrade or functionality unless specified in your MoU.
Third-Party Integrations & Allied Services
Our Service may integrate with third-party applications (such as WhatsApp Business API, Gmail, Facebook Leads, Razorpay, etc.). These integrations are “Allied Services” and may be procured by us or you.
We remain responsible for the core Service, but we may not be liable for the performance or availability of the third-party software. Use of these integrations may be subject to additional terms and fees as per your MoU.
6. Fees, Payment Terms & Billing
Subscription fees are set out in your MoU. Unless otherwise agreed, fees are billed in advance of each billing cycle and are non-refundable.
If you exceed usage limits specified in the MoU (e.g. number of users, leads, contacts), we may charge additional fees or suspend the Service.
All fees exclude applicable taxes, which you shall pay in addition.
Invoices are due within the time period specified in the MoU (commonly 7 days). Late payments may attract interest and suspend your access.
We may change pricing upon renewal, with advance notice.
7. Ownership and Intellectual Property
Our Rights
We own all worldwide intellectual property rights in and to the Service, including the underlying platform, code, trademarks, and any improvements or modifications. Any feedback or suggestions you provide relating to the Service shall become our exclusive property.
Your Rights
You retain ownership of your Content (your uploaded data). You grant us a worldwide, royalty-free, non-exclusive license to access, process, transmit and store your Content as needed to provide the Service. You represent that you have legal rights to upload and process such Content.
8. Data Protection & Confidentiality
You are responsible for ensuring that you have all necessary consents and lawful basis to process personal data (students, clients etc.) that you upload or manage via the Service.
We will adopt industry-standard organisational and technical safeguards to protect your data. We act as a processor (and you as controller) for Customer Data in many cases.
Your and our “Confidential Information” (which includes Content, Pricing, business processes, technology, etc.) shall be kept confidential and only used in connection with the Service. These confidentiality obligations survive termination of these Terms.
9. Term, Suspension & Termination
The Subscription Term begins on the Start Date specified in your MoU and continues through the period set out therein.
The Subscription automatically renews for a further period unless either party gives notice as set out in your MoU.
We may suspend or terminate your access immediately if you breach these Terms, or sooner for serious issues (unauthorised use, illegal content, non-payment).
Upon termination or expiry:
10. Disclaimer & Limitation of Liability
Disclaimer of Warranties
The Service is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express, implied or statutory. We do not guarantee uninterrupted or error-free operation, or that the Service meets your requirements.
Limitation of Liability
To the maximum extent permitted by law:
We shall not be liable for any indirect, incidental, special, or consequential damages (e.g., loss of business opportunity, data, profits) arising out of or in connection with these Terms or the Service even if advised of the possibility.
Our cumulative liability for any direct claims shall not exceed the total fees paid by you for the Service in the 12 months prior to the claim (or INR 10,000 — whichever is less).
(This limitation shall apply even if the excluded damage arises from negligence or breach of contract.)
11. Indemnification
You agree to indemnify, defend and hold us harmless from any loss, liability, claim, damage or expense (including legal fees) arising from:
12. Governing Law & Dispute Resolution
These Terms shall be governed by the laws of India. Unless your MoU states otherwise, disputes shall be resolved by arbitration under the Arbitration and Conciliation Act, 1996, with the sole arbitrator (or panel where required) located in Jaipur, Rajasthan, India. The language of arbitration is English.
Courts in Jaipur shall have exclusive jurisdiction in cases where arbitration is not mandated or completed.
13. Force Majeure & Other Provisions
Notices shall be given in writing to the addresses specified in your MoU, or to our legal department: Legal & Compliance, SmartAgentic, Email: smart@smartagentic.com
14. Entire Agreement & Precedence
These Terms, together with any MoU, annexures, addendums and your agreement via the Website, constitute the entire agreement between you and us relating to your use of the Service. In case of conflict, a later-dated signed MoU will prevail over these Terms for the matters it covers.
15. Contact Us
For any questions regarding these Terms, please contact:
SmartAgentic
Email: smart@smartagentic.com
Phone: +91 9358780043
Website: https://www.smartagentic.com