Terms of Service.

1. Definitions

• Service — the Smartly Craft platform, dashboards, APIs, edge functions, mobile apps, documentation and any related software-as-a-service offering.
• Customer Data — any content, messages, contacts, catalog data, media or files you or your end-users submit to the Service.
• Order — your selected subscription plan and add-ons, whether via online checkout or signed order form.
• End User — any individual that interacts with your workspace, including your customers and your teammates.
• Confidential Information — non-public information disclosed by either party in connection with the Service, including pricing, roadmaps, security details and Customer Data.

2. Eligibility & account

You must be at least 18 years old and legally capable of entering into a contract. You are responsible for everything done under your workspace, including by employees, contractors, integrations and automations. You agree to (a) provide accurate registration details, (b) keep credentials confidential, (c) enable two-factor authentication for admin seats, and (d) promptly revoke access for teammates who leave.

We may verify your identity, business registration or payment method before activating paid features and may suspend or close accounts that fail verification, appear fraudulent, or pose risk to other customers.

3. Acceptable use

You will not, and will not allow anyone to:

• Send unsolicited, deceptive or unlawful messages, or messages that violate Meta's WhatsApp Business Policy, Commerce Policy, Instagram Platform Terms, TCPA, GDPR, DPDP, CAN-SPAM or any other applicable law.
• Harvest opt-ins through fraud, scraping or pre-checked consent, or contact recipients who have unsubscribed.
• Use the Service for content that is illegal, defamatory, infringing, sexually explicit involving minors, or that incites violence or discrimination.
• Reverse-engineer, decompile, scrape, fuzz, load-test or attempt to extract source code or model weights.
• Circumvent rate limits, plan limits, security controls, or share seats with users not licensed under your Order.
• Use the Service to build a directly competing product, or to train machine-learning models outside your own workspace.

Violations may result in immediate suspension, message-throttling or termination — without refund — and we may report serious abuse to Meta, payment networks or law enforcement.

4. WhatsApp, Instagram & third-party channels

Smartly Craft relies on APIs and infrastructure from Meta and other channel providers. You are independently bound by those providers' terms when connecting a channel, and you authorise us to act on your behalf to send and receive messages, manage templates and configure webhooks. Channel providers may, at their sole discretion, throttle, suspend or terminate your numbers, accounts or template approvals. We will work with you to mitigate, but we are not liable for actions taken by upstream providers.

5. Subscriptions, fees & taxes

Subscriptions renew automatically for successive periods equal to your initial term unless cancelled before renewal. Fees are non-refundable except where required by law or expressly stated here. Usage above plan limits (conversations, messages, contacts, seats, AI tokens, storage) is billed transparently in the following invoice at the rates published on /pricing or in your Order.

All fees are exclusive of taxes. You are responsible for GST, VAT, withholding and similar taxes on the fees, except for taxes on our net income. Late payments accrue interest at 1.5% per month or the maximum permitted by law, and we may suspend access to the Service after 15 days of overdue invoices following written notice.

You may downgrade or cancel at any time from the billing dashboard. Cancellation takes effect at the end of the current paid period; we do not pro-rate refunds for partial months unless required by law.

6. Service levels & support

We target 99.9% monthly uptime for paid plans, measured by the public status page at /status. If we fall below this target in a given calendar month, you are entitled to service credits equal to 10% of that month's fees for each 0.1% below target, up to a maximum of 50%. Credits are your sole and exclusive remedy for downtime. Scheduled maintenance, force majeure, third-party channel outages and your own misuse are excluded from SLA calculations.

Support is delivered through in-app chat and email during business hours; Enterprise plans receive a named Customer Success Manager and 24x7 incident response.

7. Intellectual property & licence

As between the parties, you own all Customer Data. You grant Smartly Craft a worldwide, non-exclusive, royalty-free licence to host, process, transmit, display and create derivative works of Customer Data solely to operate, secure, support and improve the Service for you. We will not sell Customer Data, and we will not use it to train shared or foundation models.

Smartly Craft retains all right, title and interest in the Service, including software, models, prompts, dashboards, design, documentation and any feedback you provide. No rights are granted by implication, estoppel or otherwise.

8. Confidentiality

Each party will protect the other's Confidential Information with the same care it uses for its own (at minimum reasonable care), use it only to perform under these Terms, and disclose it only to employees, contractors and advisors bound by similar obligations. This does not apply to information that is publicly known without breach, independently developed, lawfully received from a third party, or required to be disclosed by law (subject to prompt notice where permitted).

9. Data protection & privacy

We process personal data on your behalf as a processor in accordance with our Privacy Policy, GDPR commitments, and our standard Data Processing Addendum (available on request). You are the controller and are responsible for the lawful basis to send messages and the validity of recipient consents.

10. Security

We maintain industry-standard administrative, technical and physical safeguards described at /security, including encryption in transit and at rest, role-based access controls, audit logging, vulnerability management and an incident response programme. You agree to use the Service in compliance with these safeguards and to notify us within 24 hours of any suspected unauthorised access to your workspace.

11. Warranties & disclaimers

Each party represents that it has authority to enter into these Terms. Smartly Craft warrants that the Service will perform materially as described in our documentation under normal use. Your exclusive remedy for breach of this warranty is for us to use commercially reasonable efforts to fix the defect or, if we cannot, to refund pre-paid unused fees for the affected period.

EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

12. Indemnification

You will indemnify Smartly Craft from third-party claims arising out of (a) Customer Data, (b) your violation of these Terms or applicable law, (c) messages sent through your workspace, or (d) your products and services.

We will indemnify you from third-party claims that the Service, as provided by us and used in accordance with these Terms, infringes a valid Indian patent, copyright or trade secret. We may, at our option, modify the Service, obtain a licence, or terminate the affected features and refund pre-paid unused fees.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

EACH PARTY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THESE TERMS IS CAPPED AT THE FEES YOU PAID TO SMARTLY CRAFT IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND FORM AN ESSENTIAL BASIS OF THE BARGAIN.

14. Suspension & termination

We may suspend the Service immediately (a) if your use poses a security risk, (b) for non-payment after notice, (c) if required by a channel provider or law, or (d) for material breach uncured for 15 days after notice. Either party may terminate for convenience at the end of the then-current subscription period. On termination, your right to use the Service ends; we will, on written request within 30 days, allow you to export Customer Data, after which we may delete it in line with our retention schedule.

15. Force majeure

Neither party is liable for delays caused by events beyond reasonable control, including acts of God, war, civil unrest, government action, network or power outages, denial-of-service attacks, pandemics, or failures of upstream cloud or channel providers.

16. Changes to these Terms

We may update these Terms from time to time. For material changes, we will notify account owners by email and in-product at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance. If you do not agree, your remedy is to stop using the Service and cancel your subscription.

17. Governing law & dispute resolution

These Terms are governed by the laws of the Republic of India, without regard to conflict-of-laws principles. The parties will first attempt to resolve any dispute in good faith through written notice and a 30-day senior-management discussion.

Unresolved disputes will be referred to binding arbitration in Mumbai under the Arbitration and Conciliation Act, 1996, before a sole arbitrator mutually appointed by the parties (or, failing agreement, appointed by the Mumbai Centre for International Arbitration). Proceedings will be in English. Notwithstanding the foregoing, either party may seek interim or injunctive relief from the competent courts at Mumbai, Maharashtra, which shall have exclusive jurisdiction for such matters.

18. Miscellaneous

These Terms, together with your Order, our Privacy Policy and any DPA, constitute the entire agreement between the parties and supersede all prior agreements on the subject. If any provision is held unenforceable, the rest remain in effect. No waiver is effective unless in writing. You may not assign these Terms without our consent, except to a successor in a merger or sale of substantially all assets. We may assign freely.

Notices to Smartly Craft must be sent to legal@smartlycraft.com with a copy to our Mumbai HQ. Notices to you may be sent to the email associated with your workspace.