1. INTRODUCTION

1.1 These Terms & Conditions ("Terms") govern the usage of the SmartVakheel.AI platform operated by SNC (SmartNCode) ("Company", "We", "Us").

1.2 By using SmartVakheel.AI (web, mobile, APIs, AI engines, Secure Vault, Client Portal, Team Collaboration, Legal Workflows), you ("User", "You") agree to these Terms.

1.3 SmartVakheel.AI is not a law firm and does not provide legal advice. All outputs generated by AI must be independently reviewed by a qualified legal professional.

3. ACCEPTANCE OF TERMS

3.1 You agree that:

• You are legally competent to enter contracts
• You accept these Terms fully
• You will comply with applicable laws in India
• You understand AI-generated content must be legally reviewed

3.2 If you disagree with any clause, do not use SmartVakheel.AI.

4. SCOPE OF SERVICES

SmartVakheel.AI provides:

• AI Drafting (advanced legal draft generation)
• Legal Research Assistance
• Case Management & Diary Tools
• Document Automation & Templates
• Client Collaboration & Client Portal
• Secure Vault (Evidence, Affidavits, Orders, Documents)
• API Integration for legal data usage
• Compliance Reminders, Notifications & Workflow Assistance

SmartVakheel.AI does not guarantee legal accuracy, judicial acceptance, or professional outcomes.

5. USER ELIGIBILITY

Users must:

• Be at least 18 years old
• Provide accurate personal/firm information
• Use the Platform only for lawful purposes
• Not impersonate third parties
• Not upload illegal or prohibited content

6. ACCOUNT SECURITY

6.1 Users are responsible for:

• Maintaining confidentiality of login credentials
• Preventing unauthorized access
• Ensuring account activity complies with Terms

6.2 Any activity performed under the User's login will be treated as User's responsibility.

6.3 Sharing login credentials or allowing third-party login access will result in immediate suspension without refund.

7. RESTRICTIONS ON USE

Users shall NOT:

• Scrape or extract data from the Platform
• Use bots or automation tools without permission
• Reverse engineer or create competing services
• Republish AI outputs into legal databases
• Upload malware, prohibited files, obscene or unlawful content
• Misuse court data or create misleading legal drafts

Violation may result in termination without refund and legal action under applicable laws.

8. INTELLECTUAL PROPERTY

8.1 SNC (SmartNCode) owns:

• Platform UI/UX, Modules, Structure
• AI Workflows, Models, Prompt Logic
• Non-user Data, Templates & Automation Logic
• Proprietary Research & Databases (excluding public data pulled through APIs)

8.2 Users own their uploaded data but grant SmartVakheel.AI a license to process it solely for service delivery, storage, and backups.

8.3 AI Outputs belong to the User, but:

• Must not be resold as an AI product
• Must not be redistributed to build legal research platforms
• Must not violate copyright, statute, or judgment rights

9. SECURE VAULT POLICY

9.1 All uploaded files are:

• AES-256 encrypted at rest
• Encrypted via HTTPS during transmission
• Accessible only to authorized user roles

9.2 SmartVakheel.AI cannot access private documents without explicit written permission, unless required by law enforcement or court order.

9.3 Deleted files will be permanently purged within 90 days, including backups.

9.4 SmartVakheel.AI is not liable for:

• Incorrect file uploads
• Corrupted user data
• Breaches caused by weak passwords or local device viruses

10. PAYMENT & BILLING TERMS

10.1 Fees are payable in advance and in INR (₹) only.

10.2 All prices exclude GST, duties, and taxes, which will be charged separately according to law.

10.3 By purchasing, you authorize the Company to process recurring payments through:

• UPI Autopay
• Tokenized Cards
• Net Banking Mandates

10.4 If a credit agreement exists and payments delay, a penalty of 18% annual interest, or the legally allowed maximum, applies.

10.5 The Company may revise prices with notice through website/app/email. Continued use after revision counts as acceptance.

10.6 No refunds or compensation apply due to:

• Downtime or outages
• AI inaccuracies or formatting issues
• Third-party API failure
• Government system disruptions

11. PRIVACY & DATA HANDLING

Data usage is governed by the Privacy Policy and India's Digital Personal Data Protection Act (DPDP Act) 2023.

AI does NOT train on private user-uploaded content.

12. AI OUTPUT DISCLAIMER

12.1 AI-generated content may contain:

• Interpretation variations
• Outdated legal references
• Inaccurate arguments or citations

12.2 Users must verify before using them in any proceeding, court filing, advisory, commercial transaction, negotiation, or compliance matter.

SmartVakheel.AI is not liable for damage arising from AI output use.

13. API TERMS

• API Keys must be securely stored.
• API access cannot be resold or redistributed.
• Using the API to build competing legal products is prohibited.
• Excessive usage or breach causes immediate termination without refund.

14. LIMITATION OF LIABILITY

SmartVakheel.AI shall not be responsible for:

• Loss of profits, business, revenue, or goodwill
• Errors in drafts, research, or legal interpretations
• Court rejection or adverse legal outcomes
• Failure of user devices, networks, or third-party services

Maximum liability is capped at the fees paid by the User in the previous 12 months.

15. INDEMNITY

The User agrees to indemnify SNC (SmartNCode) against claims or damages arising from:

• Illegal content uploads
• Misuse of Platform, Vault, or APIs
• Copyright violations from user data
• Misuse of AI output in legal practice

16. TERMINATION

Accounts may be suspended or terminated due to:

• Legal or policy violations
• Security threats
• Non-payment or chargeback abuse
• Misuse of AI or API

No refunds apply after termination.

17. FORCE MAJEURE

The Company is not liable if service failure occurs due to:

• Severe cyberattacks
• Natural disasters
• Government restrictions
• Server or power failures
• Internet backbone disruption

18. GOVERNING LAW & DISPUTE RESOLUTION

18.1 This Agreement is governed by the laws of India.

18.2 Any dispute shall first be resolved by Arbitration under the Arbitration & Conciliation Act, 1996.

18.3 Seat & Venue of Arbitration: Hyderabad, Telangana, India.

18.4 Arbitration Language: English.

18.5 Arbitration shall be conducted by a single arbitrator, mutually appointed by both parties.

18.6 Only after arbitration concludes, the courts in Hyderabad, Telangana, India shall have exclusive jurisdiction.

19. THIRD-PARTY APIS & SERVICES

The Service utilizes third-party artificial intelligence models, Application Programming Interfaces (APIs), cloud infrastructure, and related services provided by external vendors, including but not limited to OpenAI, Anthropic, Google, and other third-party AI, cloud, analytics, and infrastructure providers as may be integrated from time to time.

SmartVakheel.AI does not own or control these third-party services and shall not be responsible or liable for:

• Service outages, downtime, or interruptions;
• Model inaccuracies, errors, omissions, or AI "hallucinations";
• Delays or failures in processing requests;
• Security incidents, data breaches, or vulnerabilities attributable directly to third-party providers; or
• Changes in functionality, deprecation of features, pricing, availability, or terms imposed by such providers.

By using the Service, you acknowledge and agree that your requests, prompts, inputs, and related data may be transmitted to, stored by, and processed by such third-party providers as a necessary function of the Service, in accordance with their respective terms, privacy policies, and applicable data protection laws (including the Digital Personal Data Protection Act, 2023). SmartVakheel.AI reserves the right to add, remove, replace, or modify third-party service providers at any time without prior notice to you.

No Legal Advice / No Attorney-Client Relationship. All outputs, drafts, research results, case summaries, document analysis, or any other content generated by the Service (including content produced by third-party AI models) are provided solely for informational, educational, and assistive purposes. They do not constitute legal advice, do not create an attorney-client relationship, and must not be relied upon as a substitute for advice from a qualified, licensed advocate or legal professional. You are solely responsible for independently verifying the accuracy, completeness, and applicability of any output to your specific facts and circumstances. SmartVakheel.AI, its affiliates, and third-party providers expressly disclaim any and all liability arising from your reliance on such outputs.

19.1 AI Output Limitations & Verification SmartVakheel.AI utilizes artificial intelligence technologies that may generate incomplete, inaccurate, outdated, inconsistent, or misleading information. You acknowledge that AI-generated outputs may contain errors, omissions, incorrect legal citations, inaccurate interpretations of law, or references to repealed, amended, or superseded statutes, rules, regulations, or judicial precedents. You are solely responsible for independently reviewing, verifying, validating, and confirming all outputs before relying upon or using them for any legal, regulatory, judicial, administrative, commercial, or personal purpose.

19.2 Court Filing & Regulatory Submission Disclaimer SmartVakheel.AI does not guarantee that any document, pleading, petition, contract, legal notice, affidavit, compliance report, regulatory filing, or other content generated by the Service is suitable for submission before any court, tribunal, authority, regulator, government department, or other adjudicatory body without independent review by a qualified legal professional. You assume full responsibility for any filing, submission, or use of generated content before any court or authority.

19.3 Legal Database Accuracy Disclaimer Legal materials, statutes, regulations, notifications, circulars, case law, judgments, bare acts, India Code references, and other legal databases or reference content made available through the Service may not always reflect the most recent amendments, judicial developments, or authoritative versions. SmartVakheel.AI makes no representation or warranty regarding the completeness, accuracy, currency, or applicability of such materials. SmartVakheel.AI shall not be liable for errors in indexing, search results, citation mapping, metadata generation, document extraction, legal research references, or database synchronization delays.

19.4 Jurisdiction Disclaimer Unless expressly stated otherwise, the Service is designed primarily for legal information relating to India. SmartVakheel.AI makes no representation that content generated by the Service complies with or accurately reflects the laws, regulations, or legal requirements of any jurisdiction outside India. If you access or use the Service from outside India, you do so at your own risk and are responsible for compliance with local laws.

20. DATA SECURITY & ENCRYPTION

SmartVakheel.AI is committed to protecting the confidentiality and security of user data in accordance with the Digital Personal Data Protection Act, 2023, the Information Technology Act, 2000, and applicable rules and directions (including CERT-In directions, where relevant).

• Encryption in Transit & At Rest. Data transmitted between users and the Service is encrypted in transit using secure protocols (e.g., TLS/SSL). Legal documents, conversations, uploaded files, and other user content stored by the Service are encrypted at rest using commercially reasonable encryption technologies.
• Safeguards. SmartVakheel.AI implements reasonable technical, physical, and organizational safeguards designed to protect user information from unauthorized access, disclosure, alteration, or destruction.
• No Absolute Security Guarantee. While SmartVakheel.AI employs robust security measures, you acknowledge and agree that no method of electronic transmission over the internet and no method of electronic storage can be guaranteed to be 100% secure. SmartVakheel.AI does not warrant or guarantee absolute security.
• User Responsibility. You are solely responsible for maintaining the confidentiality of your account credentials, passwords, and for securing access to your personal devices. Any activity conducted through your account will be deemed to have been authorized by you.

20.1 Data Retention & Deletion SmartVakheel.AI may retain user data, uploaded documents, chat history, logs, metadata, and related information only for such periods as are reasonably necessary to provide the Service, comply with legal obligations (including under the Digital Personal Data Protection Act, 2023 and Information Technology Act, 2000), resolve disputes, enforce agreements, maintain security, and support legitimate business operations. Data may be deleted, anonymized, or aggregated following expiration of applicable retention periods or upon your request, subject to legal and technical limitations.

20.2 User Consent for Processing Legal Documents You represent and warrant that you possess all necessary rights, permissions, consents, and lawful authority to upload, process, share, or otherwise submit any documents, information, personal data (including data of third parties), or confidential information through the Service. You are solely responsible for ensuring that such uploads and processing comply with all applicable laws, including data protection and confidentiality obligations.

20.3 Confidential Information Disclaimer Users (particularly advocates, law firms, and legal professionals) should exercise discretion before uploading highly sensitive, privileged, classified, regulated, or confidential information. While SmartVakheel.AI employs commercially reasonable safeguards, you remain responsible for determining whether the Service is appropriate for storing or processing particular categories of information. SmartVakheel.AI does not guarantee that uploaded content will remain subject to legal privilege. Users should avoid uploading information subject to statutory privilege, national security restrictions, sealed court records, classified information, or other categories of information prohibited from disclosure under applicable law.

20.4 Security Incident Notification In the event SmartVakheel.AI becomes aware of a confirmed security incident affecting user data under its control, it will take commercially reasonable steps to investigate, mitigate, and provide notifications to affected users and/or authorities where required by applicable law (including the Digital Personal Data Protection Act, 2023 and CERT-In directions). Notification timing may vary depending upon the nature, scope, severity, and ongoing investigation of the incident, and any applicable legal or regulatory requirements.

21. PROFESSIONAL RESPONSIBILITY

Advocates, law firms, legal consultants, compliance professionals, and other regulated professionals remain solely responsible for exercising independent professional judgment. The use of SmartVakheel.AI does not diminish, replace, transfer, or reduce any professional, ethical, fiduciary, statutory, regulatory, or disciplinary obligations owed by such professionals to their clients, courts, regulators, the Bar Council of India, or any other governing body. You acknowledge that you are expected to comply with all applicable rules of professional conduct, including those prescribed by the Bar Council of India, and any guidelines or advisories issued by the Supreme Court of India or other courts regarding the use of artificial intelligence in legal practice.

22. LIMITATION OF LIABILITY FOR LEGAL OUTCOMES

To the fullest extent permitted by applicable law, SmartVakheel.AI, its affiliates, directors, officers, employees, agents, and third-party providers shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or economic damages (including but not limited to loss of profits, revenue, goodwill, business opportunities, legal rights, or data) arising out of or related to:

• Reliance on any AI-generated outputs, drafts, research, analysis, or recommendations;
• Any legal, regulatory, judicial, administrative, compliance, or business decisions made by you or on your behalf;
• Missed deadlines, limitation periods, filing dates, hearing dates, or procedural requirements;
• Errors, omissions, or inaccuracies in legal analysis, legal research, document drafting, document review, or case strategy;
• Any filing, submission, or use of generated content before any court, tribunal, authority, or regulator;
• Any loss or adverse outcome resulting from the use or inability to use the Service.

This limitation applies regardless of the form of action (whether in contract, tort, strict liability, or otherwise) and even if SmartVakheel.AI has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain liabilities; in such cases, liability shall be limited to the maximum extent permitted by law.

22.1 LIABILITY CAP Notwithstanding anything contained herein, to the fullest extent permitted by applicable law, the aggregate liability of SmartVakheel.AI, its affiliates, directors, officers, employees, agents, licensors, contractors, and service providers arising out of or relating to the Service shall not exceed the total amount paid by the User to SmartVakheel.AI during the twelve (12) months immediately preceding the event giving rise to the claim or INR 10,000, whichever is greater. The foregoing limitation shall apply regardless of the form of action, whether in contract, tort, negligence, strict liability, statutory claim, or otherwise.

23. USER INDEMNIFICATION

You agree to defend, indemnify, and hold harmless SmartVakheel.AI, its affiliates, directors, officers, employees, contractors, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, penalties, fines, costs, expenses, and reasonable legal fees arising out of or relating to:

• (a) Your use of the Service;
• (b) Your violation of these Terms;
• (c) Documents, data, personal information, or content uploaded by you;
• (d) Your reliance upon AI-generated outputs;
• (e) Any legal, regulatory, judicial, or administrative proceedings arising from your use of the Service; or
• (f) Any infringement of intellectual property rights, privacy rights, confidentiality obligations, or applicable laws.

24. INTELLECTUAL PROPERTY & AI-GENERATED CONTENT

All trademarks, service marks, logos, software, source code, databases, workflows, interfaces, designs, and proprietary technology associated with SmartVakheel.AI are and shall remain the exclusive property of SmartVakheel.AI and its licensors.

Users retain ownership of documents, files, prompts, inputs, and content uploaded by them.

Subject to applicable law and third-party provider terms, SmartVakheel.AI grants users a limited, non-exclusive, revocable right to use AI-generated outputs generated through lawful use of the Service.

SmartVakheel.AI makes no representation regarding the copyrightability, ownership, enforceability, or uniqueness of AI-generated content.

25. AI TRAINING, ANALYTICS & SERVICE IMPROVEMENT

SmartVakheel.AI may collect and process anonymized, aggregated, de-identified, and non-personal usage information for purposes including service improvement, security monitoring, fraud prevention, performance optimization, analytics, research, and product development.

SmartVakheel.AI shall not intentionally use confidential legal documents uploaded by users for training publicly available artificial intelligence models without obtaining appropriate consent or implementing lawful safeguards.

26. FORCE MAJEURE

SmartVakheel.AI shall not be liable for any delay, interruption, degradation, or failure in performance caused by events beyond its reasonable control, including but not limited to natural disasters, floods, fires, earthquakes, pandemics, government actions, court orders, internet outages, cyberattacks, cloud service provider failures, telecommunications disruptions, labor disputes, power failures, acts of war, terrorism, or similar force majeure events.

Performance obligations shall be suspended for the duration of such event.

27. DATA RESIDENCY & CROSS-BORDER PROCESSING

You acknowledge and agree that information submitted to the Service may be processed, stored, transmitted, backed up, or accessed in India and other jurisdictions through SmartVakheel.AI's approved cloud, infrastructure, analytics, artificial intelligence, and technology providers.

Such processing shall be subject to applicable data protection laws, contractual safeguards, and security measures implemented by SmartVakheel.AI.

28. AI BIAS, FAIRNESS & AUTOMATED DECISION DISCLAIMER

Artificial intelligence systems may generate outputs influenced by limitations, biases, inaccuracies, incomplete information, assumptions, or imperfections present within training data or third-party models.

SmartVakheel.AI does not warrant that AI-generated outputs will be unbiased, complete, neutral, error-free, legally accurate, or suitable for any particular purpose.

Users remain solely responsible for exercising independent judgment and professional review.

29. EMERGENCY LEGAL MATTERS DISCLAIMER

The Service is not intended for emergency legal situations, criminal defense emergencies, imminent court deadlines, urgent injunction matters, arrest situations, or any matter requiring immediate professional legal representation.

Users should immediately consult a qualified legal professional where urgent legal assistance is required.

30. GOVERNING LAW & DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of India.

Any dispute, controversy, or claim arising out of or relating to the Service shall first be attempted to be resolved through good-faith negotiations.

If unresolved within thirty (30) days, such dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996.

The seat and venue of arbitration shall be Hyderabad, Telangana, India.

The arbitration proceedings shall be conducted in the English language.

Subject to the arbitration provisions above, courts located in Hyderabad, Telangana shall have exclusive jurisdiction.

31. CLASS ACTION WAIVER

To the fullest extent permitted by applicable law, users agree that disputes shall be brought solely in an individual capacity and not as a plaintiff or class member in any purported class action, representative action, collective action, or similar proceeding.