Smartsoochi – Terms of Use

Effective Date: 1 January 2025
Last Updated: 22 November 2025

These Terms of Use (“Terms”) constitute a binding agreement between the User (“you,” “your,” or “Subscriber”) and Smart Soochi Technologies Private Limited, a company incorporated under the Companies Act 2013, with its registered office in New Delhi, India (“Smart Soochi,” “Company,” “we,” or “us”). These Terms govern your access to and use of Smart Soochi’s web and mobile applications, APIs, dashboards, and any other services provided under subscription (collectively, the “Platform”).

1. Acceptance of Terms

1.1 By accessing, browsing, or using the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
1.2 If you are using the Platform on behalf of an organization, you represent that you have the authority to bind that organization.
1.3 If you do not agree with these Terms, you must immediately discontinue access and usage.

2. Eligibility and Account Registration

2.1 Use of the Platform is restricted to authorized individuals and entities that have entered into a valid subscription or license agreement.
2.2 When creating an account, you agree to:

  • Provide accurate, complete, and current information;

  • Maintain confidentiality of your credentials;

  • Promptly notify Smart Soochi of any unauthorized access or security breach.
    2.3 Organizations remain responsible for actions performed under their accounts and for role-based permissions assigned to users.

3. Scope of Services

3.1 Smart Soochi provides a SaaS-based operational digitization platform enabling:

  • Digital checklist and task management;

  • Attendance, audit, and inspection workflows;

  • Role-based dashboards and analytics;

  • AI-assisted verification of field data;

  • Offline data capture with automatic synchronization.
    3.2 Features and modules may vary depending on subscription level and configuration.

4. Subscription, License, and Access

4.1 Under an active subscription, Smart Soochi grants a non-exclusive, non-transferable, limited license to use the Platform for internal business operations.
4.2 You shall not:

  • Copy, modify, or reverse-engineer the software;

  • Rent, lease, or sublicense access;

  • Circumvent authentication or usage restrictions;

  • Use the Platform for developing a competing service.
    4.3 The license terminates automatically at the end of the subscription term unless renewed in writing.

5. Platform Availability

5.1 Smart Soochi follows a cloud-native, high-availability architecture with a target uptime of 99.9 percent.
5.2 Temporary interruptions may occur due to:

  • Scheduled maintenance (with prior notice);

  • Emergency patching or network outages beyond our control;

  • Force majeure events.
    5.3 Offline-first functionality ensures that users can continue working during network disruptions; data will auto-sync when connectivity is restored.

6. Authorized Use and Restrictions

6.1 You agree to use the Platform strictly for legitimate business or administrative purposes.
6.2 You shall not:

  • Upload unlawful, defamatory, or obscene material;

  • Transmit malware, spam, or exploit vulnerabilities;

  • Misrepresent identity or impersonate another individual;

  • Interfere with Platform performance or security;

  • Extract data through automated scraping or unauthorized APIs.
    6.3 Violation of this clause may result in immediate suspension or termination of access without refund.

7. Data Ownership and Intellectual Property

7.1 Ownership of Software: Smart Soochi retains all intellectual-property rights, patents, source code, algorithms, AI models, and trade secrets underlying the Platform.
7.2 Ownership of Data: Operational data, checklists, images, or reports generated through authorized usage remain the property of the subscribing organization.
7.3 Derived Data: Smart Soochi may aggregate anonymized and de-identified metrics to improve system performance, analytics, and benchmarking.
7.4 No clause herein transfers ownership of proprietary technology from Smart Soochi to the Subscriber.

8. Confidentiality

8.1 Each party shall maintain strict confidentiality of non-public information shared under the subscription.
8.2 Confidential information includes but is not limited to:

  • System architecture, pricing, APIs, and credentials;

  • Operational logs, audit data, and business workflows;

  • Any proprietary algorithms or configuration details.
    8.3 Obligations of confidentiality survive termination for a period of five years or as required by law.

9. Data Protection and Security

9.1 Smart Soochi implements enterprise-grade controls including:

  • AES-256 encryption at rest and TLS 1.3 encryption in transit;

  • Role-based access control (RBAC) and audit trails;

  • Multi-factor authentication and geofencing;

  • Periodic penetration testing aligned with OWASP Top 10.
    9.2 Users are responsible for protecting passwords and mobile devices.
    9.3 Any suspected breach must be reported immediately to security@smartsoochi.com.

10. Privacy

10.1 The collection and processing of personal data are governed by Smart Soochi’s Privacy Statement.
10.2 By using the Platform, you consent to:

  • Storage of personal and operational information on secure cloud servers;

  • Processing of biometric or geolocation data for attendance and verification, when applicable;

  • Transfer of anonymized data across regions solely for operational continuity.
    10.3 Smart Soochi complies with the Information Technology (Reasonable Security Practices and Procedures) Rules 2011 and is GDPR-ready for international clients.

11. Third-Party Services and Integrations

11.1 The Platform may connect to third-party systems (e.g., ERP, HRMS, IoT devices, payment gateways).
11.2 You acknowledge that:

  • Third-party terms govern those services;

  • Smart Soochi does not control their availability or data practices;

  • Any integration requires proper authorization tokens and API keys.
    11.3 We shall not be liable for data loss or exposure caused by third-party failures.

12. Service Levels and Support

12.1 Smart Soochi offers tiered SLAs depending on subscription plan:

  • Critical issues: Response within 1 hour, resolution within 4 hours;

  • High priority: Response within 4 hours, resolution within 12 hours;

  • Standard queries: Response within 24 hours.
    12.2 Support channels include in-app chat, email support@smartsoochi.com, and dedicated Customer Success Manager (for enterprise accounts).
    12.3 Maintenance updates or version releases will be automatically deployed without user intervention.

13. Payment Terms

13.1 Subscriptions are billed in advance on a monthly, quarterly, or annual basis as specified in the order form.
13.2 All fees are non-refundable except as provided under the Refund & Cancellation Policy.
13.3 Taxes, levies, or government charges (including GST) shall be borne by the Subscriber.
13.4 Failure to pay within 30 days of invoice may result in temporary suspension of access until dues are cleared.

14. Modifications and Enhancements

14.1 Smart Soochi continuously improves the Platform and may introduce:

  • New features or modules;

  • Interface enhancements;

  • Security patches or bug fixes.
    14.2 We reserve the right to modify these Terms and will notify you through the Platform or email.
    14.3 Continued use after notification constitutes acceptance of the revised Terms.

15. Suspension and Termination

15.1 Smart Soochi may suspend or terminate access if you:

  • Breach these Terms or applicable law;

  • Misuse the Platform for fraudulent or unauthorized purposes;

  • Fail to make due payments.
    15.2 Upon termination:

  • Your access will cease immediately;

  • You may request export of operational data within 30 days;

  • Post-retention, data will be securely deleted per the Data Retention Policy.
    15.3 Smart Soochi may terminate services at its discretion with 30 days’ written notice for any non-default reason.

16. Warranties and Disclaimers

16.1 Smart Soochi warrants that it will provide the Platform with reasonable care and skill.
16.2 Except as explicitly stated, the Platform is provided “as is” and “as available.”
16.3 We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
16.4 We do not warrant that:

  • The Platform will be error-free or uninterrupted;

  • All defects will be corrected immediately;

  • The results will meet your expectations in every scenario.

17. Limitation of Liability

17.1 To the maximum extent permitted by law, Smart Soochi and its directors, officers, employees, or partners shall not be liable for any:

  • Indirect, incidental, special, or consequential damages;

  • Loss of profits, data, business, or goodwill.
    17.2 Smart Soochi’s aggregate liability under these Terms shall not exceed the subscription fees paid during the preceding twelve (12) months.
    17.3 Nothing herein limits liability for fraud or intentional misconduct.

18. Indemnification

18.1 You agree to indemnify and hold harmless Smart Soochi, its affiliates, and employees from any claims, damages, or expenses arising from:

  • Your breach of these Terms;

  • Violation of law or third-party rights;

  • Misuse or unauthorized use of the Platform.
    18.2 Smart Soochi will notify you promptly of any claim and permit you to control the defense, subject to our right to participate.

19. Force Majeure

19.1 Neither party shall be liable for delay or failure in performance caused by circumstances beyond reasonable control, including natural disasters, acts of war, government restrictions, or internet outages.
19.2 Obligations suspended during such events will resume once conditions normalize.

20. Governing Law and Dispute Resolution

20.1 These Terms shall be governed by and construed in accordance with the laws of India.
20.2 Any dispute shall first be attempted through amicable settlement within 30 days of written notice.
20.3 If unresolved, disputes shall be submitted to binding arbitration in New Delhi, in accordance with the Arbitration and Conciliation Act 1996.
20.4 The arbitration panel shall comprise a sole arbitrator appointed by mutual agreement; proceedings will be in English.

21. Notices

21.1 Official communications to Smart Soochi shall be sent to:
Legal Department
Smart Soochi Technologies Private Limited
New Delhi, India
Email: legal@smartsoochi.com

21.2 Notices to Subscribers will be sent via registered email or in-app notifications and deemed received upon dispatch.

22. Severability

22.1 If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.

23. Entire Agreement

23.1 These Terms, along with the Master Subscription Agreement, Privacy Statement, Data Retention Policy, and other annexures, constitute the entire understanding between you and Smart Soochi.
23.2 In case of conflict between documents, the Master Agreement shall prevail.

24. Contact and Feedback

24.1 For support or clarifications, please contact: support@smartsoochi.com.
24.2 Feedback and suggestions may be used by Smart Soochi without obligation to compensate you.

Acceptance

By using the Smart Soochi Platform, you confirm that you have read, understood, and accepted these Terms of Use.