Terms of Service

Introduction

TailorPad software is published, hosted and supported by Smart Solutions. The software is available for use under various setup and subscription plans and by signing up for the TailorPad service (“Service”) or any of the services of Smart Solutions, you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service.

Smart Solutions reserves the right to update and change the Terms of Service by posting updates and changes to the TailorPad website and applications. We will inform you about the revisions which you must check.

Intellectual Property

A. Copyright

Unless otherwise indicated, all content on the site is copyright protected by Indian Copyright Act 1957 and the copyright is held by Smart Solutions. Smart Solutions also claims copyright in the function, selection, coordination, and arrangement of the content.

Except for any limited license that may be contained herein or otherwise granted, you have no right to copy content from this site, including downloading or printing or to distribute the materials in any way, including transmitting them in electronic form, etc. Permission to use the materials other than as authorized hereunder must be granted in writing prior to the use.

B. Trademarks

Unless otherwise indicated as belonging to a third party, all marks associated with products or services on this site are the property of Smart Solutions or its affiliates or subsidiaries. These marks may only be used with our express written permission.

C. Other Intellectual Property Rights

This site and its content may be protected by other forms of intellectual property or proprietary rights, such as patent and trade secret law. Smart Solutions reserves all rights to protect its intellectual property and proprietary rights to the fullest extent of the law.

Third Party Sites

The site may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of Smart Solutions and is not responsible for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Smart Solutions is not responsible for webcasting or any other form of transmission received from any Linked Site. Smart Solutions provides these feature to you only as a convenience, and the inclusion of any link does not imply endorsement by Smart Solutions of the site or any association with its sponsor or operator.

Subscription Terms

  • You must be 18 years or older to use this Service.
  • You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. All your personal data is fully confidential and we never share it with any third party.
  • You are responsible for keeping your password secure and changing it regularly. Smart Solutions cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
  • You may not use the TailorPad service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of India.
  • You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your TailorPad account. Smart Solution is not responsible to carry out any data updates, migration, manipulation, analysis or maintenance other than scheduled backups.
  • You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Account Terms as determined in the sole discretion of Smart Solutions will result in an immediate termination of your services without any notice and/or refund.

General Terms

  • Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
  • You understand that your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  • You expressly understand and agree that Smart Solutions shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  • In no event shall Smart Solutions or our associates be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Smart Solutions partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  • Technical support is only provided to paying account holders and is only available via email and/or Skype.
  • For custom offsite development, User Acceptance Testing (UAT) is valid for a period of 90 days from the date of deployment. Thereafter, any customization/modification is chargeable as per the efforts involved. However, the support includes debugging and rectifying faulty code (if any) without any additional cost to the client.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Smart Solutions.
  • Verbal or written abuse of any kind (including threats of abuse or retribution) of any TailorPad customer, Smart Solutions employee, member, or officer will result in immediate account termination.
  • We do not claim any intellectual property rights over the material you provide to the TailorPad service. All material you upload remains yours. You can remove your TailorPad service at any time by requesting us to delete your account. This will also remove all content you have stored in your account.
  • By uploading images and item description content to TailorPad.com, you agree to allow other internet users to view them and you agree to allow TailorPad to display and store them and you agree that Smart Solutions can, at any time, review all the content submitted by you to its Service.
  • The failure of Smart Solutions to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Smart Solutions and govern your use of the Service, superseding any prior agreements between you and Smart Solutions (including, but not limited to, any prior versions of the Terms of Service).
  • You retain ownership over all content that you submit to a TailorPad store however, by making your store public, you agree to allow others to view your content.
  • Smart Solutions does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.
  • Questions about the Terms of Service should be sent to legal@tailorpad.com

Payment of Fees

Apart from one time setup package, the service will be billed at annual intervals only according to the subscription plan you pick in the Pricing page of website. Your billing cycle starts from the day your account is activated and it's access is granted. When your billing period is over TailorPad users will be sent renewal invoice via email. In no case the service period will be extended. However a grace period may be granted for renewal with extent of not over 7 days from the date of expiry of subscription. All fees are exclusive of all provincial, state or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).

If you are a resident of India, you are responsible for all applicable Taxes that arise from or as a result of your subscription to a Plan. These Taxes are based on the rates applicable to the Indian billing address you provided to us. Such amounts are in addition to payment for the Plan and will be billed to you. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate. To the extent that you are a non-resident individual and not a corporation or other legal entity, and your location of usage shifts to a place in India when the service is made, you must advise us immediately by email to the address provided above. Smart Solutions does not provide refunds in any case.

Refund and Cancellation

  • You may cancel your account at anytime by emailing to support@smartailor.com
  • Once your account is cancelled all of your content will be immediately deleted from the server. Since deletion of all data is final, please make sure that you have taken backup of your data before doing so.
  • If you cancel the service during your subscription term, you will not be refunded any amount - fully or proportionately. However, if you do not like the software for any reason, a refund will be arranged if the cacellation request is raised after 7 days from the date of payment and before 30 days from the payment date.
  • Without limiting any other remedies, Smart Solutions may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the service.

Modifications to the Service and Prices

  • Prices for using TailorPad are subject to change without any notice from Smart Solutions. Such notice may be provided at any time by posting the changes to the TailorPad Site (http://tailorpad.com) or the administrator menu of your TailorPad dashboard via an announcement.
  • Smart Solutions reserves the right at any time to modify the Service (or any part thereof) with or without notice in the form of updates. These updates are not charged extra and will be applicable only if you chose to use the feature.
  • Smart Solutions shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any feature.

Optional Tools

  • Smart Solutions may provide you with access to third party tools over which Smart Solutions neither monitors nor has any control or input.
  • You acknowledge and agree that Smart Solutions provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. Smart Solutions shall have no liability whatsoever arising from or relating to your use of optional third party tools.
  • Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).

Smart Solutions strongly recommends that account holders seek specialist advice before using or relying on certain tools such as tax calculators, accounting heads, barcode printers etc.

Law and Jurisdiction

This site is created and controlled by Smart Solutions in the State of Odisha, India. Thus, to the maximum extent permitted by applicable law, these terms are governed by the laws of India, without giving effect to any principles of conflicts of law. You hereby expressly consent, and waive any jurisdictional, venue or inconvenient forum objections, to the exclusive jurisdiction and venue of the State courts in Rourkela, Odisha, India in all disputes arising out of or relating to the use of the Site. You also agree to comply with all laws from the country in which You reside that are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.