Terms and Conditions

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:

  • “Account” means a unique account created by you to access our Services.
  • “Client” means the business or individual using our Services.
  • “Content” means any data, information, files, or materials uploaded or shared through the Service.
  • “Services” means the CRM services and related tools offered by the Company via the Website.
  • “Subscription Term” means the initial period for which you subscribe to the Services, and any renewal periods.
  • “MoU” means any written agreement (Memorandum of Understanding) between you and the Company, which sets out your chosen features, payment terms, billing cycle, etc.

2. Eligibility

To use our Service, you must:

  • Be at least 18 years old.
  • Have the legal authority to enter into these Terms.
  • Provide accurate registration information when creating an account.

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:

  • Use the Service for any illegal or unauthorized purpose.
  • Upload, transmit or store Content that is harmful, unlawful, infringing, defamatory, obscene or otherwise objectionable.
  • Attempt to gain unauthorized access to the Service or data of other users.
  • Interfere with the functionality or security of the Service.
  • Reuse, reproduce or exploit any functionality of the Service beyond what is permitted in your MoU.
    Use the Service to build a competitive product or service.

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:

  • You remain liable for all fees incurred.
  • We may retain your Content for a defined period (e.g., 30 days) to allow data export, then permanently delete it unless otherwise agreed.
  • Surviving provisions (such as confidentiality, limitation of liability, intellectual property) continue to apply.

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:

  • Your breach of these Terms or your MoU.
  • Your use of the Service in violation of applicable law or rights of third parties.
  • Your failure to obtain required consents for Content or data you upload.

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

  • Neither party shall be liable for failure or delay in performance due to events beyond reasonable control (force majeure).
  • We may be required by law or regulation to disclose information, including your Content or Confidential Information; we will notify you unless prohibited.
  • If any provision is found invalid, it shall be severed without affecting the remainder of these Terms.
    No partnership or agency relationship is created by these Terms or the Service.
  • You may not assign your rights under these Terms without our consent; we may assign our rights.

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

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