These Terms of Services (“Terms”), between SmartSMS, a is a mobile application that operates in India(hereinafter referred to as "SmartSMS" or "Us" or "We") and YOU (hereinafter referred to as "user/s" or "end user/s" or "customer/s"), shall govern use of and access to the licensed technology platform accessible through mobile phones, smart phones consisting of hardware and / or software or other services, and features provided by SmartSMS, irrespective of release version. By accessing or using any of the Services, You agree to be bound by these Terms. By creating an account, you agree to SmartSMS Promotion Terms & Conditions.
If you violate these Terms, we may issue you a warning or terminate your ability to use the Service. You understand that we may terminate your ability to use the Service at any time with or without reason without notice to you regardless of any liability on our part. Neither these Terms nor termination of your access or use will waive or adversely affect any other right or relief to which SmartSMS may be entitled at law or in equity.
By clicking ‘Sign Up’ or the ‘I accept’ tab at the time of registration, or through the continued use or accessing the SmartSMS Application, You agree to be subject to these Terms.
We request You to please read these Terms carefully and do not click “Sign Up” or “I accept” or continue the use of SmartSMS Application and Services unless You agree fully with these Terms.
By becoming a registered user of SmartSMS Application, you agree to be contacted by SmartSMS Application via communication modes including but not limited to email, SMS, MMS, and telephonic calls.
You must be 18 years of age or older at the time of accessing or using SmartSMS Application and any of the Service. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
As a condition to using the Service and the SmartSMS Application, you are required to
a. have a valid mobile connection operating on latest Android mobile operating system,
b. register by creating an account (“Account”),
c. represent, warrant and covenant that you will provide accurate and complete registration information (including, but not limited to email ID and mobile number. You may also be asked for your name, age, and gender.
For the purpose of these Terms, Account means the account successfully opened by the User having a mobile connection operating on Android mobile operating system by downloading the SmartSMS Application and inserting information such as but not limited to name, e-mail id and mobile number as required to be filled in the registration process and include any further changes and additions to the information from time to time for accessing the SmartSMS Application and Services.
You shall not :
a. create an Account for anyone other than yourself without such person’s prior written permission;
b. use a mobile number that is the name of another person or entity with the intent to impersonate that person or entity.
c. use a User Name or Account that is subject to any rights of a person other than you without appropriate written authorization; or
d. use a mobile number (or contact details) that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
SmartSMS reserves the right to refuse registration of, or cancel a User Account in its sole discretion. You are solely responsible and liable for activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your User Name and password. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify us in writing of any unauthorized use of your Account, or other Account related security breach of which you are aware. Any conduct by a User that in our exclusive discretion is in breach of the Terms or which restricts or inhibits any other User from using or enjoying the Service is strictly prohibited.
The SmartSMS services and features dependon the Users sharing certain information.
Regarding use of SmartSMS Application and the Service, You acknowledge and guarantee that:
You shall use the SmartSMS Application to provide information such as your profile information, to the best of your knowledge, that is not false or otherwise may not corrupt or disrupt the Services and that you have the lawful right to share it with SmartSMS.
a. You shall not use the Services for any commercial purpose
b. You shall not to harm SmartSMS’s rights under these Terms.
c. You shall not attempt to extract the source code of the application, and should not try to translate the application into other languages, or make derivative versions
d. You shall not try to access the Service using a method other than the interface and the instructions that SmartSMS provides.
e. You shall not use the Services or the Content (defined below) illegally, harmfully or in an offensive manner to SmartSMS, other Users, or third parties.
f. YYou shall not exploit the Services in any unauthorized manner, including but not limited to, trespass or burdening network capacity, putting software viruses, trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit functionality of any computer software or hardware or telecommunications equipment of SmartSMS.
You acknowledge and agree that SmartSMS is not responsible for any results from such misuses, committed by You. SmartSMS May in such case terminate your account without giving prior information.
You may be provided with links on the SmartSMS Application that direct You to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively “Third Party Websites”).
You shall indemnify and hold harmless, SmartSMS, its affiliates, any third party content / networks / infrastructure providers and their respective directors, officers, personnel, contractors and agents, for and against any and all claims, suits, judgment, losses, damages, cost and expenses arising or relating to your
(i) use of the SmartSMS Application and Service or
(ii) your breach of these Terms or any
(iii) other restrictions or guidelines provided by SmartSMS or
(iv) any negligent or intentional wrongdoing on Your part.
This indemnification obligation will survive after the termination of these Terms.
The Service and SmartSMS Application are exclusive properties of SmartSMS. Without limitation of the foregoing, other than the User Content (mentioned below), all the texts, copy, words, image, photos, videos, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and all other content on the SmartSMS Application (Collectively the Content), and all software embodied therein is proprietary to and owned by SmartSMS, our affiliates or our licensors, and are protected by copyright and international copyright treaties, trademarks, trade secrets, patent and other intellectual property and/or proprietary rights and laws. SmartSMS shall retain ownership to the SmartSMS Application, and the Services offered thereunder and to all related intellectual property rights, including without limitation, trademarks, trade names, copyright, database rights, and patents. You are granted only a limited right to use the SmartSMS Application and Services subject to these Terms.
You acknowledge that SmartSMS owns all rights, title and interest, including all intellectual property rights such as copyright, trademarks, trade secrets, patent and other proprietary rights in and to the SmartSMS Application including the software, the present or future modifications / upgradations thereof and standard enhancements thereto and the Service offered thereunder.
Subject to your compliance with these Terms at all times, SmartSMS grants You a personal, limited, no-assignable, revocable and non-exclusive license (“License”) to use the SmartSMS Application and Services for non-commercial use. This License does not allow You to use the SmartSMS Application and Service on any mobile device that You do not own or control.
You shall not copy, decompile, reverse engineer, disassemble, attempt to derive the source code, modify, or create derivative works of the SmartSMS Application, any updates, and any part thereof unless laws prohibit those restrictions or it is expressly permitted by these Terms. There may be provisions in the open source license that expressly override some of these Terms.
The Terms do not and shall not transfer any ownership or proprietary interest in the SmartSMS Application from SmartSMS to You.
The License does not allow You to use SmartSMS’s name, trademarks or other commercial symbols. All rights and licenses not expressly granted to You under these Terms shall be owned by SmartSMS.
SmartSMS may, in its sole discretion, permit you from time to time to submit, upload, post, publish, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the SmartSMS Application, including your profile or the posting of any opinions or reviews in connection with the SmartSMS Application, the Services, (all of the foregoing content is sometimes collectively referred to herein as (“User Content”). Any User Content provided by User remains your property. By providing User Content to SmartSMS, you grant SmartSMS worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and SmartSMS Application and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
Intentionally providing fraudulent information on the SmartSMS Application and while using the Service in any manner will result in termination of such User’s account without prior notice and all rewards offered to the account can be forfeited.
Such fraud includes providing false information to the Service and any attempts with an unfair intention to obtain rewards from any offer provided by SmartSMS, which is not accordance with SmartSMS’s promotional purpose. The fraud includes, but not limited to, providing other person’s personal information to apply for promotional offers or applying one-time promotional offer for multiple times using multiple accounts, regardless of an approval of the owner of the accounts.
Multiple signups by any individual user shall be grounds for immediate termination of all involved accounts. SmartSMS reserves the right to take appropriate legal action against an individual in an attempt to recover any rewards provided due to fraud committed by User.
Once SmartSMS detects any fraud under these Terms, SmartSMS may immediately suspend the User’s account and forfeit all rewards granted to the User.
SmartSMS strives to provide adequate and efficient technical support, upgrades and updates for the Services. SmartSMS shall not, however, be under any obligation to provide support or maintenance for the Services and reserves the right to limit the support, upgrades and updates at its sole discretion.
SmartSMS reserves the right, at its own discretion, to freely assign and transfer the rights and duties under these Terms to any third party. User shall not have any right to assign or transfer their rights and duties under these Terms to any third party.
Your right to use the Services continues until these Terms are terminated. SmartSMS may terminate them and Your use of the Services at any time with thirty (30) days’ notice in advance.
You may terminate these Terms at any time by uninstalling the SmartSMS Application and ceasing the use of the Services.
These Terms will automatically terminate if You fail to comply with these Terms.Upon any termination, you agree to stop using the Services. Upon termination by You, or by SmartSMS due to Your breach of these Terms, you will not be refunded any part of the Services, for example, license fees or other prepaid fees, if any. Upon termination by SmartSMS without a reasonable reason, you will be refunded prepaid fees once You request refund in a written form, provided, your request shall include receipts of clear payment instruction for such fee.
Any prepaid credits in the Services are connected to the User device as well as its phone number. Therefore, if You change device or its SIM-card, you have no way to transfer the credits to a new device or SIM-card and refund regarding such changes is unavailable.
SmartSMS reserves the right, at its own discretion, to remove any unused credits regardless User’s any right to request refund after twelve (12) months from the purchase.
Provisions of No Warranty, Limitation of Liability, and Termination Sections shall survive for 5 years from any termination of these Terms.
SmartSMS reserves the right to modify the Services and these Terms at any time, at its sole discretion. SmartSMS will do its best to notify such change of the Terms, by publishing on the SmartSMS Application or Website. However, SmartSMS shall not be liable for the notification to be sent to the User. Your use of the SmartSMS Application and Service offered thereunder following any such modification constitutes your agreement to follow and be bound by the Terms as modified.
The revised Terms shall be effective upon such publishing or notification to the User. You may always find the latest version of these Terms at the designated website.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTSMS OR ITS SUPPLIERS OR DISTRIBUTORS MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICES, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
SMARTSMS DOES NOT REPRESENT OR WARRANT THAT THE SMARTSMS APPLICATION WILL RESULT IN COMPLIANCE, FULFILLMENT OR CONFORMITY WITH THE LAWS, REGULATIONS, REQUIREMENTS OR GUIDELINES OF ANY GOVERNMENT OR GOVERNMENTAL AGENCY.
AS A RESULT, THE SMARTSMS APPLICATION AND SERVICES PROVIDED THEREUNDER ARE PROVIDED “AS IS” AND YOU ARE ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. NEITHER WE NOR ANY THIRD PARTY IS LIABLE FOR ANY TECHNICAL OR OTHER OPERATIONAL DIFFICULTIES OR PROBLEMS WHICH MAY RESULT IN LOSS OF YOUR DATA, PERSONALIZATION SETTINGS OR OTHER INTERRUPTIONS IN THE FEATURES OFFERED ON THE SMARTSMS APPLICATION.
SmartSMS makes no representation that the Services are available in any particular location.
SmartSMS disclaims that the Services will be compatible with all broadband services and modems and also disclaims any express or implied warranties regarding the compatibility of the Service with any particular broadband service or modems.
You choose to access the Services at Your own risk and initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
TO THE EXTENT NOT PROHIBITED BY LAW, YOU EXPRESSLY AGREE THAT SMARTSMS SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA AND GOODWILL, ARISING OUT OF THE USE OR INABILITY TO USE THE TRUE BALANANCE APPLICATION, SERVICES OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, SMARTSMS SHALL HAVE NO LIABILITY FOR ANY INFORMATION STORED PROCESSED WITHIN THE SMARTSMS APPLICATION OR SERVICES, INCLUDING THE COSTS OF RECOVERING SUCH INFORMATION. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES, IS TO UNINSTALL THE SMARTSMS APPLICATION AND CEASE USE OF THE SERVICES.
SMARTSMS SHALL NOT BE LIABLE FOR THE VALIDITY AND CORRECTNESS OF THE CONTENT PROVIDED THROUGH AND IN CONNECTION WITH USE OF THE SERVICES. ANY USE OF THE INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE DONE AT YOUR OWN DISCRETION AND RISK.
SMARTSMS SHALL NOT BE LIABLE TO YOU FOR ANY TEMPORARY DISABLEMENT, PERMANENT DISCONTINUANCE OR MODIFICATION OF THE APPLICATION BY SMARTSMS OR FOR ANY CONSEQUENCES RESULTING FROM SUCH ACTIONS.
You understand and acknowledge that SmartSMS is not liable for network-related problems under the operation of the Services and any changes in network configuration may affect the Services’ performance.
SmartSMS will make an effort to provide correct information through Service. SmartSMS controls and monitors the User Content made available by the Users via the Services, but can nevertheless not guarantee its origin and correctness.
Therefore, You accept that You may be exposed to erroneous or objectionable contents. SmartSMS shall not be liable for the Content and other information disseminated or delivered through or in connection with the Services. You agree that You shall bear all risks associated with the use of such information.
SmartSMS’s aggregate liability (whether under contract, tort including negligence, warranty or otherwise) and that of its affiliates shall be limited to INR 5,000/- (Indian Rupees Five Thousand only)
Use of the Services, functionalities of the Service and relationship between You and SmartSMS are governed by these Terms, which shall be construed in accordance with, and governed by, Laws of India. All disputes relating to these Terms shall exclusively be governed by Laws of India and be adjudicated by the District Court of Gurugram, Haryana (India) as the court of first instance.
SmartSMS shall be under no liability whatsoever in the event of non-availability of any portion of the SmartSMS Application, Services or subscribed Plans occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, infrastructure failure or any other cause whatsoever beyond the control of SmartSMS.
If any of the provisions of these Terms are deemed invalid, void, or for any reason unenforceable, that part of the Terms will be deemed severable and will not affect the validity and enforceability of any remaining provisions of the Terms.
These terms constitute the entire agreement between SmartSMS and You and supersede all prior understandings between the parties relating to the subject matter herein.
No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented.