Foreword 

These Terms of Service (“Terms”) govern your access to and use of the website, platform, products, and services (collectively, the “Services”) provided by Smartail Private Limited (“Company”, “we”, “us”, or “our”). By accessing or using our Services, you (“User”, “you”, or “your”) agree to be bound by these Terms. If you do not agree with any part of these Terms, you must discontinue use of our Services immediately. 

We at Smartail Private Limited are committed to delivering reliable, secure, and value-driven services. These Terms work alongside our Privacy Policy to define the rights, responsibilities, and obligations of both you and the Company. 

Background 

These Terms provide an overview of how Smartail Private Limited (“we”, “us”, or “our”) makes its Services available to data subjects, customers, and users (hereinafter referred to as “you” or “your”). In these Terms, references to “Smartail Private Limited” may also include its subsidiaries and affiliates. 

Services Provided by Smartail Private Limited 

Smartail Private Limited’s platform is designed to consistently support you with our Services. We offer the capacity to provide a unified platform for the services required by small and medium enterprises, delivering an end-to-end solution that enables businesses to operate efficiently. Our Services may include, without limitation, account management, real-time alerts, reporting, and related online functionalities.  

Payment and Billing Terms

Smartail Private Limited operates on a marks-based unit economics model. The cost of grading is determined by the class level, subject, and type of assessment involved. Billing for each customer is calculated based on the following parameters: the total number of students enrolled, the number of subjects covered under the engagement, and the number of assessments conducted during the service period. The applicable grading rate per mark may vary across different class levels and subjects as agreed upon in the customer’s service agreement or order form.

Payment Schedule

Customers are required to make payments in two instalments as follows:

50% of the total contracted amount is due as an advance payment prior to the commencement of services. This advance payment confirms the engagement and enables Smartail Private Limited to allocate the necessary resources for service delivery.

The remaining 50% of the total contracted amount is due upon completion of implementation, as mutually agreed between the customer and Smartail Private Limited.

Invoices

Smartail Private Limited will issue invoices in accordance with the payment schedule outlined above. All invoices are payable within the period specified on the invoice. In the event of a billing dispute, the customer must notify Smartail Private Limited in writing within seven (7) days of receiving the invoice. Both parties will work in good faith to resolve any such disputes promptly.

Taxes

All fees stated in the service agreement are exclusive of applicable taxes, including but not limited to Goods and Services Tax (GST) or any other statutory levies. Applicable taxes will be added to the invoice as required under prevailing law, and the customer is responsible for payment of such taxes.

Late Payments

Smartail Private Limited reserves the right to suspend or withhold services in the event of non-payment of any due amount beyond the agreed payment period. Any outstanding amounts may attract a late payment charge as specified in the service agreement.

Changes to Billing

Any changes to the scope of services, including additions to the number of students, subjects, or assessments, will result in a revised billing calculation. Such changes will be documented through a formal amendment to the service agreement and invoiced accordingly.

Eligibility and User Accounts 

The Services are intended for use by employees of our client companies who are at least 18 years of age. By registering or using our Services, you represent and warrant that you have the legal capacity to enter into a binding agreement with the Company. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. 

Acceptance of Terms 

By creating an account, registering online, or using any of the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy. Continued use of the Services following any modification of these Terms constitutes your acceptance of such changes. 

Data We Collect 

As part of providing the Services, the Company collects the following data: 

• Personal identification information (such as name and email address). 

• Any other personal data collected from auditors for auditing purposes, which will be obtained only with the individual’s consent. 

How We Collect Your Data 

You, or your employer on your behalf, directly provide the Company with the data we collect. We collect and process data when you: 

• Register online or avail of our products or Services. 

The Company does not currently receive your data indirectly from any third-party sources. 

How We Use Your Data 

The Company collects your data so that we can: 

• Provide the Services and manage your account to deliver such Services. 

• Email you with special offers on other products and services we think you may like. 

• Email you with real-time alerts relating to your organization. 

If you agree, the Company will share your data with our partners who are an essential part of providing the Services. 

Data Storage (EU Users) 

If you are located in the European Union, the Company securely stores your data at a secure storage location within Europe. The Company will retain your personally identifiable information (PII) for as long as you continue to avail of our Services. Once this period has expired, we will delete your data by scrubbing all PII within one month of termination of the Services. 

Acceptable Use 

You agree not to use the Services to: 

• Violate any applicable law, regulation, or third-party right. 

• Upload, transmit, or distribute malicious code, viruses, or harmful content. 

• Attempt to gain unauthorized access to the Services, related systems, or networks. 

• Interfere with or disrupt the integrity or performance of the Services. 

• Reverse engineer, decompile, or otherwise attempt to derive the source code of the Services, except as expressly permitted by law. 

Marketing 

The Company may send you information about products and services we believe you might like. If you no longer wish to be contacted for marketing purposes, you may opt out at any time by sending an email to support@smartail.ai. 

Your Data Protection Rights 

The Company would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following: 

• The right to access

   — You have the right to request copies of your personal data. 

• The right to rectification

   — You have the right to request that the Company correct any information you believe is inaccurate, or complete any information you believe is incomplete. 

• The right to erasure

   — You have the right to request that the Company erase your personal data, under certain conditions. 

• The right to restrict processing

   — You have the right to request that the Company restrict the processing of your personal data, under certain conditions. 

• The right to object to processing

   — You have the right to object to the Company’s processing of your personal data, under certain conditions. 

If you make a request, we have one month to respond. To exercise any of these rights, please contact our Data Protection Officer or email us at support@smartail.ai. 

Data Protection Officer (DPO) and Responsibilities 

DPO Contact Information:   

• Name: Kannan Ganesan 

• Email: kannan@smartail.ai 

DPO Roles and Responsibilities: 

• Create, implement, and supervise the organization’s privacy policies and processes, ensuring compliance with applicable data protection regulations. 

• Ensure compliance with data protection laws and regulations. 

• Act as the organization’s primary point of contact for personal data processing matters. 

• Ensure that all required audits are performed within the prescribed time range. 

• Conduct frequent audits to monitor data processing activities, identify risks, and carry out Data Protection Impact Assessments (DPIAs) to evaluate and mitigate data protection risks. 

• Ensure that the Records of Processing Activities (RoPA) are completed whenever the organization collects and processes personal data. 

• Inform and advise the organization and its personnel who process personal data on their obligations under GDPR or other applicable local data protection regulations. 

• Educate and train employees on data protection policies and practices, fostering a culture of awareness and compliance. 

• Conduct risk assessments related to data processing activities, taking into consideration the nature, scope, circumstances, and purposes of such processing. 

• Provide prompt responses to individuals whose data is processed (employees, clients, or other data subjects) on any matters concerning the processing of their personal data and the exercise of their rights under applicable law. 

Consent Management 

Obtaining Consent: Our Privacy Policy transparently sets out the purposes of data processing, the affirmative actions required for consent, and the granularity of available choices, ensuring individuals retain clear control over their data. 

Modification of Consent: Users may conveniently modify their consent preferences through accessible settings. Notifications are issued for changes, and comprehensive documentation is maintained for all modifications. 

Withdrawal of Consent: Clear instructions on withdrawing consent are provided in our Privacy Policy. Withdrawal will not result in any negative consequences, and a detailed record-keeping process is maintained for transparency and compliance. 

Children’s Privacy 

The website and our products are not intended for use by children. The Company does not knowingly collect personal information from anyone under thirteen (13) years of age. Product access is granted only to the employees of our client companies, who are assumed to be at least 18 years of age. In any exceptional case, the Company will collect such information only with verifiable parental consent. 

Cookies 

Cookies are text files placed on your computer to collect standard internet log information and visitor behavior information. When you visit our website, we may collect information from you automatically through cookies or similar technology. 

The Company does not use cookies. We only use a session variable for the purpose of: 

• Keeping you signed in to our application. 

Third-Party Websites 

The Company’s website may contain links to other websites. These Terms and our Privacy Policy apply only to our own website and Services. If you click on a link to a third-party website, we encourage you to review their respective terms and privacy policies. The Company is not responsible for the practices or content of such third-party websites. 

Intellectual Property 

All intellectual property rights in and to the Services, including software, text, graphics, designs, trademarks, logos, and other content, are owned by or licensed to Smartail Private Limited. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services solely in accordance with these Terms. No other rights are granted to you by implication, estoppel, or otherwise. 

Disclaimer of Warranties 

The Services are provided on an “as is” and “as available” basis without any warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by applicable law, the Company disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising out of course of dealing or usage of trade. 

Limitation of Liability 

To the maximum extent permitted by applicable law, Smartail Private Limited, its affiliates, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising out of or in connection with your access to or use of, or inability to access or use, the Services, regardless of the legal theory. 

Indemnification 

You agree to defend, indemnify, and hold harmless Smartail Private Limited, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms. 

Termination 

The Company may suspend or terminate your access to the Services at any time, with or without notice, for any conduct that the Company, in its sole discretion, believes is in violation of these Terms or applicable law, or is otherwise harmful to the interests of the Company, its users, or third parties. Upon termination, all rights granted to you under these Terms will immediately cease, and the Company will delete your PII in accordance with the Data Storage section above. 

Governing Law and Jurisdiction 

These Terms shall be governed by and construed in accordance with the laws applicable to Smartail Private Limited, without regard to its conflict of laws principles. Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the competent courts in the jurisdiction of the Company’s registered office. 

Changes to These Terms 

The Company keeps these Terms under regular review and will post any updates on this page. Material changes will be communicated where appropriate. These Terms of Service were last updated on [14-07-2025]. 

Enforcement 

We expect all employees and users to comply with these Terms and any related policies, standards, processes, procedures, and guidelines. Failure or refusal to abide by these Terms may be deemed a violation. Compliance with these Terms will be subject to periodic review by the Information Security Officer or the Information Security Team. Any employee found to have violated these Terms may be subject to disciplinary action, as deemed appropriate by management and applicable Human Resources policies. 

• Monitoring: The Company employs appropriate technology solutions to monitor compliance with policies and procedures. 

• Self-Assessment: The CEO and CTO are required to conduct self-assessments within their respective areas of control to verify compliance with these Terms and related procedures. 

Special Circumstances and Exceptions 

All exceptions to these Terms or any related policies and procedures require an explicit waiver approved by the CEO or CTO of Smartail Private Limited. 

How to Contact Us 

If you have any questions about these Terms of Service, the Company’s Privacy Policy, or the data we hold about you, or if you would like to exercise any of your data protection rights, please do not hesitate to contact us: 

• Email: support@smartail.ai 

• Phone: +91 8015613245 

How to Contact the Appropriate Authority 

Should you wish to report a complaint or if you feel that the Company has not addressed your concern satisfactorily, you may contact the Information Commissioner’s Office or the equivalent data protection authority in your jurisdiction.