This is an agreement between you or the entity that you represent (hereinafter "you" or "your") and SmartCommerce governing your use of SmartCommerce on demand software services. This Agreement consists of the following terms and conditions (hereinafter the "Terms").

Acceptance of the Terms

You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the Terms, do not use any of our services. Employees or affiliates of businesses offering services that directly compete with any of SmartCommerce’s services are expressly prohibited from accessing any SmartCommerce Services for competitive research or related activities. SmartCommerce reserves the rights to change the terms of use and pricing at any time.

Subscription to Free Trial

We offer new clients a license to try our product for free (“Trial”) for a limited period of time. You are under no obligation to acquire a subscription to use any paid Service as a result of your subscription to Trial.

Modification of Terms of Service

We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by electronic mail or by publishing the changes on the website terms-of-service.

Product Subscription Pricing

The company reserves the rights to change product subscription pricing. Customers can terminate product subscription any time by giving one month notice.
Lead Gen CRM - $5000 first year set up and subscription. Upto 5 users.
QR Code Marketing - $5000 first year set up and subscription. Upto rate of 50 cents per member per month.
Multi Channel E-commerce - $5000 first year set up and subscription. Upto 100 products.
Subsequently annual software subscription is 20% of list price. Subscription entitles software upgrades and patch updates. Product cloud server hosting $100 monthly.
Half day training $500 per pax. Please bring your Laptop.

Marketing, Advertisement and Promotional

We may use your personal data for marketing and promotional purposes such as to send you information, alerts, newsletters, updates, promotional materials, special privileges announcements on products, services, upcoming contests, events, activities, promotions, campaigns, polls or surveys offered/organised by us and/or our selected third parties (business/marketing partners, sponsors, advertisers) which may be of interest to you. If you select to opt out, please formally write to us.

Service Outage and Data Back Up

On rare occasion IT system and cloud server do fail. You shall perform regular data back-up. Excel uploads and downloads available. The company will not be liable for data lost.

User Sign up Obligations

You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if SmartCommerce has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, SmartCommerce may terminate your user account and refuse current or future use of any or all of the Services.

Personal Information and Privacy

Personal information you provide to SmartCommerce through the Service is governed by SmartCommerce Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the SmartCommerce Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.

Communications from SmartCommerce

The Service may include certain communications from SmartCommerce, such as service announcements, advertisements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services.

Referral Programs

SmartCommerce may make available, at its discretion, participation in referral programs that reward participants for referring clients to SmartCommerce. By participating in these programs, you agree to keep confidential all program related materials, terms, details, and agreements, except where expressly granted by SmartCommerce. Additionally, any referral links provided by SmartCommerce for the purposes of this program may not be passed through any tools that shorten, modify, or track links in any way. Links may additionally not be transferred, sold, or made available to the general public unless expressly permitted by SmartCommerce. If users are found to have engaged in behavior that violates these terms, SmartCommerce may rescind access to the referral program, and revoke all rewards earned through the program.

Fees, Payments, Cancellations

After your free trial period ends, and at the end of each SmartCommerce software On Demand subscription period, subscriptions are automatically renewed and billed to the credit card entered in the SmartCommerce software On Demand Billing section. We reserve the right to modify subscription fees and to charge for the use of Services.

Cancellations

You can discontinue this subscription at any time by providing 1 month notice. Cancellations that are made prior to the end of any subscription period will stop the automatic renewal of your SmartCommerce software On Demand subscription at the end of the subscription period. Your account will remain active until the end of the subscription period that has already been paid for.

Restoration Fee

If your account has been closed and if any archive is available, to restore from archive, a $75 account restoration fee will apply in addition to any unpaid fees.

Restrictions on Use

In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use the Services for spamming and other illegal purposes.

Spamming and Illegal Activities

You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, "phishing" or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

Data in Payment Overdue Account

If for any reason we are unable to successfully bill your preferred payment method, we reserve the right to suspend access to your account within 15 days of the failed billing attempt, and to delete your account, users, and all associated data within 30 days of the payment overdue.

Use of Extensions

When you enable a SmartCommerce extension that copies, modifies or displays your data, when it can be reasonably inferred by you that this extension requires SmartCommerce to access, copy, distribute, store, transmit, or reformat your data in order to perform the function enabled by the extension, you grant SmartCommerce rights to do so in order to provide you with the added functionality.

When you enable a SmartCommerce extension that connects to a third-party application or service, you acknowledge that you agree to the third party’s terms of service, and grant SmartCommerce permission to access, copy, reformat, transmit, and to make available to the third party in question, any data required by said third party to render services to you. You further indemnify SmartCommerce of any liability associated with the third-party’s access to, and use of data provided to it on your behalf.

User Generated Content

You may transmit or publish content created by you using our Services. However, you shall be solely responsible for such content and the consequences of its transmission or publication. You are responsible for ensuring that you do not accidentally make any private content publicly available. In the course of using the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that SmartCommerce will have the right to block access to or remove such content made available by you, if SmartCommerce receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by SmartCommerce for this purpose..

Software Upgrades

Keeping abreast with market trends and business requirements, SmartCommerce actively invest in software R&D. As newer and better software becomes available, at its own discretion, SmartCommerce shall make this software available to paying customers.

Browser Support

SmartCommerce software is designed to function on Google Chrome browser.

Trademark

SmartCommerce, SmartCommerce logo and SmartCommerce Software On Demand logo are trademarks of Apps Authority Private Limited. You agree not to display or use, in any manner, the SmartCommerce trademarks, without SmartCommerce’s prior permission.

Disclaimer of Warranties

You expressly understand and agree that the use of the services is at your sole risk. The services are provided on an as-is-and-as-available basis. SmartCommerce expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. SmartCommerce makes no warranty that the services will be uninterrupted, timely, secure, or virus free. Use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by you from smartcommerce, its employees or representatives shall create any warranty not expressly stated in the terms.

Limitation of Liability

You agree that SmartCommerce shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if SmartCommerce has been advised of the possibility of such damage. Your sole and exclusive remedy for any dispute with SmartCommerce related to any of the services shall be termination of such service. In no event shall SmartCommerce's entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.

Indemnification

You agree to indemnify and hold harmless SmartCommerce, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by SmartCommerce.

Arbitration

Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, SmartCommerce may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Suspension and Termination

We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. We may terminate a suspended or disabled user account after 15 days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your e-mail address and password and deletion of all data in your user account.