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Terms of Service

Last updated: 12 November 2026

These Terms of Service are between you and SmartCirqls Infotech Private Limited, a company incorporated under the Companies Act, 2013 (CIN U72300MH2012PTC228942), with its registered office at 1206, 12th floor, Marathon NextGen Icon, Off G.K. Marg, Lower Parel (W), Mumbai 400013, India (“SmartCirqls,” “Company,” “we,” “our,” or “us”).

These Terms include all additional guidelines, terms, rules, conditions, policies and procedures referred to in them or published on the Sites by SmartCirqls from time to time (collectively, the “Policies”), including our Privacy Policy. They set out the legally binding terms and conditions that govern your use of the Sites and Services. By accessing or using the Sites or Services, you accept these Terms on behalf of yourself or the legal entity for which you act (“User” or “you”), and you represent and warrant that you have the right, authority and capacity to do so, and that you are legally permitted to use the Services in your jurisdiction.

These Terms require any dispute to be resolved by arbitration in Mumbai, India, as set out in section 17. You may not access or use the Sites or Services, or accept these Terms, if you are not at least 18 years of age. If you do not agree with all of these Terms, do not access or use the Sites or Services.

1. Agreement

These Terms of Service (the “Agreement” or these “Terms”) apply when you use the website at https://www.smartcirqls.com and its sub-domains (the “Sites”), and the products, platforms, telecom services, tools, applications, data, software and other services provided by us (collectively the “Services”). All related Policies are incorporated by reference and form a legally binding agreement between you and the Company.

We may modify these Terms at any time by publishing the modified Terms on the Sites. Modifications take effect when published. You can view the latest version at any time on this page. Your continued use of the Sites or Services after a change confirms your acceptance of it.

2. Privacy

Your use of the Sites and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

3. Services

Services offered

SmartCirqls provides technology products and services, including software products, technology and engineering services, and telecom services such as short codes. Some products are offered under their own brands (for example Qila, Tijori and TreePye) and may be subject to additional product terms, which apply together with these Terms.

Orders

To engage our Services, you will enter into a binding order, statement of work or service-level agreement (“SLA”) that sets out the specific products and services to be delivered (an “Order”), the fees, the service levels, the review and redress procedures, a single point of contact, and the term and termination process. All Orders are subject to these Terms. If there is a conflict between these Terms and an Order or SLA, the Order or SLA prevails.

Modification

The Company may at any time modify, suspend or discontinue the Sites or Services, in whole or in part, with or without notice. If a modification materially reduces the features, functionality or service levels provided under an outstanding Order, you may terminate that Order within thirty (30) days of notice of the modification, or the modification will not apply to that Order until the start of its next term, as the Order provides.

4. Right to access

Subject to your compliance with these Terms, SmartCirqls grants you a non-exclusive, revocable, non-transferable right to access and view the Sites and to use the Services as set out in your Order. You agree not to copy materials on the Sites or Services, reverse engineer or break into the Sites or Services, or use them in violation of any law. We may terminate your use of the Sites or Services at any time.

5. Accounts and user responsibilities

Where a Service requires an account, you must provide current, complete and accurate information and keep it up to date. You are responsible for all activities that occur under your account and for keeping your log-in credentials, passwords and API keys confidential. They are for your use only, and you may not sell, transfer or sublicense them. We are not responsible for unauthorised access to your account, including through fraud, phishing or other criminal activity by third parties.

You are solely responsible for properly configuring and using the Services and for securing and backing up your accounts and content. We may suspend your access if we reasonably believe your actions breach these Terms, are unlawful or may harm us or a third party, or where required by a court, regulator or law.

Restrictions

You may use the Sites and Services solely for lawful purposes. You may not (and may not allow or assist any third party to):

  • copy, modify, create derivative works of, rent, lease, mirror, frame or distribute the Services, except as these Terms or your Order allow;
  • circumvent or disable any security feature, or probe, scan or test the vulnerability of our systems;
  • gain unauthorised access to the Services, other users' accounts or personal data, or connected systems;
  • use the Services to distribute viruses or malicious code, or send data in a way that harms the Services;
  • use any robot, spider, scraper or other automated means to retrieve, index or “data mine” the Sites or Services;
  • reverse engineer, decompile or disassemble the Services, except to the extent the law prohibits this restriction;
  • send any content that is unlawful, fraudulent, threatening, harassing, defamatory, obscene or otherwise objectionable, or any unsolicited commercial communication in breach of the Telecom Regulatory Authority of India's regulations or other applicable law;
  • disclose or collect personal data about others without their consent, or otherwise breach the Digital Personal Data Protection Act, 2023;
  • use the Services or any output from them to create, train or improve a machine learning or artificial intelligence system that performs a function substantially similar to the Services;
  • violate any applicable law, or SmartCirqls' or any third party's intellectual property or other rights;
  • suggest that any statement you make is endorsed by SmartCirqls without our prior written consent; or
  • use or access the Services to build a competing service.

6. Fees and payment

You agree to pay the fees set out in your Order (“Fees”). Unless an Order says otherwise, Fees are in Indian Rupees, invoices are due within thirty (30) days of issue, and Fees are non-refundable. Late payments carry interest at the lower of 1.5% per month or the highest rate permitted by law. Fees are exclusive of Goods and Services Tax (GST) and other applicable taxes, duties and levies, which you will pay in addition. If you are required by law to deduct tax at source, you will provide the relevant certificates so that we can claim credit. You must keep your billing information current and accurate. We may refuse or cancel transactions if we suspect fraud or unauthorised or illegal activity.

7. Ownership

Content

All content on the Sites and Services is the property of SmartCirqls or its content suppliers and is protected under the Copyright Act, 1957, the Trade Marks Act, 1999 and other applicable laws. Any copying, reuse, redistribution, modification or publication of it is prohibited, except as these Terms expressly permit.

You are responsible for content you post, upload or make available through the Services (“Your Content”), and you represent that you own it or have the right to use it and to grant us the rights in these Terms, and that it does not violate anyone's privacy, publicity, intellectual property or contract rights.

SmartCirqls IP and trademarks

The Sites and Services, including all content, modifications and updates and all intellectual property rights in them (“SmartCirqls IP”), are owned by SmartCirqls and its licensors. No ownership rights are transferred to you. “SmartCirqls”, “Qila”, “Tijori”, “TreePye” and the other names, logos and marks on the Sites are our trademarks. You may not use them in connection with any product or service that is not ours, or in any way likely to cause confusion.

Feedback

If you give us feedback, ideas or suggestions about our Services (“Feedback”), you agree that we may use it freely for any purpose, without obligation to you, and that it does not contain your or any third party's confidential information.

Infringement notices

If you believe content on the Sites infringes your copyright or other rights, please send a notice to info@smartcirqls.com with: your contact details; a description of the work and the material you believe infringes it, and where it is on the Sites; a statement that you believe in good faith the use is not authorised; and a statement that the information in your notice is accurate and that you are the rights owner or authorised to act for them. We will act on valid notices as required by the Information Technology Act, 2000 and the rules made under it.

8. Third-party links

The Sites may contain links to third-party websites and services. These are not under our control, and we do not review, endorse or make any representation about them. You use them at your own risk, and the third party's terms and privacy practices apply.

9. Confidentiality

“Confidential Information” means any non-public information the Company discloses to you that is marked or designated confidential, our documentation, and any other information you should reasonably consider a trade secret or confidential. It does not include information that you already had, develop independently, that becomes public through no fault of yours, or that we approve for release in writing.

You will use Confidential Information only to use the Sites and Services, will not disclose it to anyone except your employees or contractors who need it for that purpose and are bound by similar confidentiality terms, and will protect it with at least reasonable care. You may disclose it where required by law or a court or government authority, after giving us prompt notice where permitted. Your obligations last for two (2) years after disclosure, or for as long as the information remains a trade secret. On termination you will return or destroy it. You agree that a breach of this section may cause us irreparable harm, and that we may seek injunctive relief in addition to any other remedy.

10. Data

We may collect and analyse data about the use and performance of the Services that is aggregated or de-identified so that it is not associated with you (“Usage Data”), and use it to operate and improve our Services and develop new ones. Our processing of personal data is governed by our Privacy Policy and applicable law, including the Digital Personal Data Protection Act, 2023. We retain data in line with our data retention policy and applicable law.

11. Term and termination

These Terms apply from the date you first access or use the Sites or Services until terminated. If you breach (or we reasonably suspect you have breached) these Terms, we may terminate them and suspend or terminate your access to the Services, with or without notice. On termination you remain obliged to pay any Fees incurred before termination. Termination does not affect rights or liabilities that arose before it. Sections 7, 9, 10 and 13 to 18 survive termination.

12. Representations and warranties

You represent and warrant that you have full right and authority to enter into these Terms, that the information you give us is accurate, and that Your Content does not contain viruses or other malicious code or any third party's confidential information without authorisation.

The Company represents and warrants that it owns the Sites and Services, or holds a valid licence to them, and has the authority to grant the rights in these Terms. If this warranty is breached, the Company will at its option and expense: (a) secure your right to continue using the Services; (b) modify or replace them so they are non-infringing; or (c) terminate the affected features and refund any prepaid Fees for the remaining term. This is our sole obligation and your sole remedy for such a breach.

13. Disclaimer

To the maximum extent permitted by law, you accept the Sites and Services “as is” and “as available”, with no representation or warranty of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose or non-infringement. Without limiting the foregoing, the Company does not warrant that the Sites and Services will perform without interruption or error, or that they are secure from hacking or other unauthorised intrusion. Hosting data online involves a risk of unauthorised disclosure, and the Company is not responsible for the accuracy of data you upload to the Services. Where Services use blockchain or other emerging technologies, you acknowledge that these technologies carry technical and regulatory risks.

14. Indemnity

You will defend, indemnify and hold harmless SmartCirqls, its affiliates and their directors, officers, employees, agents and contractors (the “SmartCirqls Parties”) from any third-party claim, proceeding or suit, and all resulting damages, costs and reasonable legal fees, arising out of: (1) your breach of these Terms; (2) your violation of applicable law or of any third party's intellectual property, proprietary or privacy rights; (3) any dispute between you and a third party; or (4) your use of the Services in a way these Terms do not allow. We will give you prompt notice of any such claim and reasonable assistance. You may not settle a claim in a way that admits fault on behalf of a SmartCirqls Party without our prior written consent.

15. Limitation of liability

To the fullest extent permitted by law, no SmartCirqls Party will be liable to you for any indirect, consequential, incidental, special or exemplary damages arising out of or relating to these Terms or your use of the Sites or Services, including lost profits, loss of business or loss of data, even if advised of the possibility of such damages.

The total liability of the SmartCirqls Parties arising out of or relating to these Terms or your use of the Sites or Services, whether in contract, tort or otherwise, will not exceed the greater of: (1) the Fees paid by you in the six (6) months before the claim arose; or (2) INR 1,00,000 (Indian Rupees one lakh).

16. Governing law and jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them, are governed by the laws of India. Subject to section 17, the courts at Mumbai, Maharashtra have exclusive jurisdiction.

17. Dispute resolution and arbitration

The parties will first try in good faith to resolve any dispute through discussion between their senior representatives for thirty (30) days after either party gives written notice of the dispute.

Any dispute, controversy or claim arising out of or relating to these Terms, including their existence, validity, interpretation, performance, breach or termination, that is not resolved in this way will be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, as amended. The arbitral tribunal will consist of a sole arbitrator appointed by mutual agreement of the parties, or failing agreement within thirty (30) days, in accordance with that Act. The seat and venue of arbitration will be Mumbai, Maharashtra, India, and the proceedings will be conducted in English. The award will be final and binding on the parties, and judgment on it may be entered in any court of competent jurisdiction.

Nothing in this section prevents either party from seeking interim or urgent relief from a court of competent jurisdiction in Mumbai under section 9 of the Arbitration and Conciliation Act, 1996, or from seeking injunctive relief to protect its intellectual property or Confidential Information. Each party will bear its own costs unless the arbitrator decides otherwise.

18. General

  • Subcontractors. We may use subcontractors to perform our obligations, but remain responsible for them.
  • Export. You will comply with all applicable export control and sanctions laws in your use of the Services.
  • Electronic communications. You consent to receive communications from us electronically, and agree that they satisfy any legal requirement for written communications, as recognised by the Information Technology Act, 2000.
  • Assignment. You may not assign these Terms without our prior written consent. We may assign them without your consent. These Terms bind the parties' permitted successors and assigns.
  • Severability. If any provision is held invalid or unenforceable, the rest of these Terms remains in effect.
  • No waiver. Not exercising or delaying the exercise of a right is not a waiver of it.
  • Notices. Notices must be in writing and are given: on delivery, if delivered by hand or courier; three business days after posting, if sent by registered post or speed post with acknowledgement due; or on acknowledgement of receipt, if sent by email.
  • Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control. If such an event lasts thirty (30) consecutive days, either party may terminate these Terms.
  • Interpretation. Headings are for convenience only. “Including” means “including without limitation”.
  • Relationship. Nothing in these Terms makes either party a partner, joint venturer, employee or agent of the other.
  • Entire agreement. These Terms, the Policies and any Order are the entire agreement between you and SmartCirqls about their subject matter, and supersede all prior communications and proposals.

19. Contact

SmartCirqls Infotech Private Limited
1206, 12th floor, Marathon NextGen Icon
Off G.K. Marg, Lower Parel (W)
Mumbai 400013, India
Email: info@smartcirqls.com