Terms of Service

1. Agreement to Terms

Welcome to DigitalSMAC. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and DigitalSMAC Technologies Private Limited and its affiliates ("DigitalSMAC," "we," "us," or "our") governing your access to and use of our website at digitalsmac.com, our SaaS products, consulting services, and any related services (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Definitions

3. Description of Services

DigitalSMAC provides AI-powered digital transformation solutions designed to help SMEs and enterprises optimize their operations. Our Services include:

We reserve the right to modify, suspend, or discontinue any part of our Services at any time with reasonable notice. We will make commercially reasonable efforts to notify you of any material changes that may affect your use of the Services.

4. Account Registration and Security

To access certain features of our Services, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your login credentials confidential and secure
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

You are responsible for all actions taken through your account, whether or not authorized by you. We reserve the right to suspend or terminate accounts that violate these Terms or engage in suspicious activity.

5. Subscription and Payment Terms

5.1 Subscription Plans

Our SaaS products are offered on a subscription basis. Subscription plans vary by product and may include different tiers with varying features, user limits, and pricing. Details of available plans are provided on our website and during the ordering process.

5.2 Payment

You agree to pay all fees associated with your selected subscription plan. Payments are due in advance on a monthly or annual basis, as specified in your order. All fees are non-refundable except as expressly stated in these Terms or required by applicable law.

5.3 Price Changes

We may change our pricing at any time. For existing subscriptions, price changes will take effect at the start of your next billing cycle, and we will provide at least 30 days' advance notice of any price increase.

5.4 Taxes

All fees are exclusive of applicable taxes (including VAT, GST, and sales tax). You are responsible for paying all taxes associated with your use of the Services, except for taxes based on our net income.

6. User Responsibilities and Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not:

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Services, including all software, content, designs, logos, trademarks, and documentation, are owned by DigitalSMAC or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Services solely for your internal business purposes during the subscription term.

7.2 Your Data

You retain all ownership rights to your User Data. By using our Services, you grant us a limited license to host, store, process, and display your User Data solely to provide the Services to you. We will not access, use, or share your User Data except as necessary to provide the Services or as required by law.

7.3 Feedback

If you provide us with feedback, suggestions, or ideas regarding our Services, you grant us a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without compensation or attribution to you.

8. Data Protection and Privacy

We are committed to protecting your data and privacy. Our collection, use, and handling of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

For enterprise customers processing personal data through our Services, we offer Data Processing Agreements (DPAs) that comply with GDPR, CCPA, and other applicable data protection regulations. Please contact us at [email protected] to request a DPA.

9. Service Level Agreement

DigitalSMAC commits to maintaining high availability for our SaaS products:

Scheduled maintenance windows are excluded from uptime calculations. We will provide reasonable advance notice of planned maintenance that may affect service availability.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• DIGITALSMAC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.
• OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
• THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless DigitalSMAC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your User Data.

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting our support team. For subscription services, termination will be effective at the end of your current billing period.

12.2 Termination by Us

We may suspend or terminate your access to the Services immediately if you breach these Terms, fail to pay fees when due, or engage in conduct that we determine, in our sole discretion, may harm DigitalSMAC or other users.

12.3 Effect of Termination

Upon termination, your right to use the Services will cease immediately. You may request export of your User Data within 30 days of termination. After this period, we may delete your data in accordance with our data retention policies.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. For customers in the United States, disputes may also be subject to the laws of the State of Delaware.

Any disputes arising from these Terms or your use of the Services shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the Indian Council of Arbitration (for India-based customers) or the American Arbitration Association (for US-based customers).

14. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any applicable order forms, constitute the entire agreement between you and DigitalSMAC.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force Majeure: Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control.
• Notices: We may provide notices to you via email, through the Services, or by posting on our website. You may contact us at [email protected].

15. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after such changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

16. Contact Information

If you have any questions about these Terms of Service, please contact us: