SM BizSoft Pvt. Ltd. ("SM BizSoft" or "We") is pleased to provide access to our SaaS product, SMBiz, to you, the company or legal entity ("Customer") that will be utilizing our services, subject to your acceptance of all terms outlined in this agreement ("Agreement"). By entering into this Agreement on behalf of an entity or organization, you affirm that you have the legal authority to bind that entity or organization. "Customer" and "SM BizSoft" may each be referred to individually as a “Party” and collectively as the “Parties.”

Please review this Agreement carefully before using SMBiz. This Terms of Service ("Agreement") constitutes a legal and enforceable contract between the Customer and SM BizSoft. By electronically consenting or using SMBiz, you agree to adhere to the terms and conditions set forth herein. If you do not agree to these terms, do not consent electronically and refrain from using SMBiz.

DESCRIPTION OF SERVICE

SM BizSoft provides a cloud-based business management solution through SMBiz, including tools for accounting, CRM, payroll, and productivity enhancements such as task managers and document management. You may use these services for personal or internal business purposes within your organization. Access to SMBiz is available through any compatible internet browser. You are responsible for acquiring the necessary internet access and equipment to use SMBiz.

SUBSCRIPTIONS & RENEWALS

Subscription fees must be paid in advance, and invoices will be generated only after payment. All subscription fees are non-refundable and payable in advance. We may adjust pricing or introduce charges for previously free services; such changes will apply only after the end of your current billing cycle. Automatic renewal of paid subscriptions will occur on the expiry date for the same duration as the original term (e.g., annual subscriptions will renew annually). If you wish to avoid automatic renewal, please contact SM BizSoft support before the subscription’s expiration. Cancellations can be made at any time during the subscription term, but no refunds will be issued for unused days.

REGISTRATION DATA AND PRIVACY

To access certain features, you must register for an account and provide accurate and current information. By registering, you consent to the collection, use, and disclosure of your data as outlined in our Privacy Policy, which is incorporated into this Agreement.

ORGANIZATION ACCOUNTS AND ADMINISTRATORS

When setting up an organizational account, you may appoint administrators who will have the authority to configure and manage SMBiz on your behalf. If a third party configures your account, ensure a suitable agreement is in place defining their role and limitations. You are responsible for maintaining the confidentiality of your account credentials and ensuring that all account activities comply with this Agreement.

DATA OWNERSHIP

You retain ownership of all content created or stored using SMBiz. We do not claim rights to use, reproduce, or distribute your content for commercial purposes. However, you grant SM BizSoft permission to access, copy, and display your content as necessary to provide the service.

TRADEMARK

SM BizSoft, SMBiz, and related logos are trademarks of SM BizSoft Pvt. Ltd. You agree not to use or display these trademarks without prior written consent from SM BizSoft.

CONFIDENTIAL INFORMATION

Confidential information disclosed between the Parties must be used solely for the purposes of this Agreement and protected with reasonable care. Disclosure is permitted to employees, advisors, or agents bound by confidentiality obligations similar to those in this Agreement.

DISCLOSURE OF INFORMATION

You own all private data and content entered into SMBiz. We do not claim any rights over this information, except when required to comply with legal or regulatory obligations. In such cases, we will provide reasonable notice when possible.

FORCE MAJEURE

Neither Party is liable for delays or failures caused by unforeseen events beyond their control, such as natural disasters, server failures, or legal changes. The affected Party will be excused from performance for the duration of the event.

RESTRICTIONS ON USE

You are responsible for the content of your transmissions through SMBiz and agree not to use it for illegal or infringing activities. We reserve the right to terminate access if there is reasonable evidence of misuse.

TERMS AND TERMINATION

This Agreement is effective from the date of acceptance and continues until the expiration of all subscription terms unless terminated earlier. You may terminate the Agreement at any time with written notice, but you will not be entitled to a refund of pre-paid fees. Any outstanding fees will be due immediately upon termination.

DISCLAIMER OF WARRANTIES

SMBiz is provided on an "as-is" basis without warranties of any kind. We disclaim all implied warranties, including those of merchantability and fitness for a particular purpose. Use of SMBiz is at your own risk, and we are not liable for any damages resulting from its use.

INDEMNIFICATION

You agree to indemnify and hold SM BizSoft harmless from any claims or expenses arising from your use of SMBiz. We reserve the right to assume exclusive defense and control of any matter subject to indemnification.

END OF TERMS OF SERVICE

If you have questions or concerns about this Agreement, please contact us at [email protected]