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

User account 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. Integration capabilities with other web services such as paypal, razorpay, dropbox, google etc is optional for client and will save links and keys for authentication if used.

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.
Your subscription must be renewed before the expiry date to avail uninterrupted access and services. You may lose some accessibility, although your data will remain safe. To restore access, you must renew the subscription.
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. You can reach out on Whatsapp/Phone on the number in this website footer.
For custom offsite development, User Acceptance Testing (UAT) is valid for a period of 60 days from the date of deployment. Thereafter, any customization/modification is chargeable as per the additional 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 lagan@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 its 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.

Support Levels

(Service Level Agreement)

Our solution host ‘Digital Ocean’ provides a 99.99% uptime SLA for both Droplets and block storage.

Last Updated on: 31st March 2024
Effective from: 01st April 2024

This Service Level Agreement (“SLA”) documents and governs the agreed provisions of Service Terms of Support, Support Scope, Exclusions, Release and Deployment schedule and is executed between SMART SOLUTIONS (“TailorPad”, “We”, “Us” or “Our”) and the Customer (“You”, “Your” or “Customer”) who has agreed to the Master Service Agreement (“MSA”).

Please note that this SLA only applies to Support Services provided by TailorPad pursuant to the MSA.

Please read the contents of this document carefully before using any of Our Services. We assume you have agreed to these terms before paying to us.

I. Definitions

“Agreement” means this SLA describes the support policy of TailorPad and shall apply to all Customers who have agreed to the MSA.
“Business Days” means a day other than a Saturday, Sunday or public holiday in the state or territory where the Service is being provided by TailorPad.
“Business Hours”: 10:00 to 18:00 Indian Standard Time (“IST”) (Monday-Friday)
“Cloud Service” means any distinct, subscription-based, hosted (and maintained) services that are offered by TailorPad.
“Core TailorPad Feature(s)” means those features of TailorPad that are provided within TailorPad and Core TailorPad Modules, as distributed without any modification and without any additional Modules. Core TailorPad Feature(s) may include features provided by Core TailorPad Modules. The list of Core TailorPad Feature(s) can be modified by Smart Solutions at any time in its sole discretion without prior notification to the Customer.
“Core TailorPad Modules” means Modules that are provided within the standard and unmodified public releases of TailorPad, as distributed by TailorPad Core Maintainers. Core TailorPad Modules may include: (i) accounts, (ii) assets, (iii) buying, (iv) customer relationship management, (v) human resource, (vi) projects, (vii) quality management, (viii) selling, (ix) stock, and (x) support. The list of Core TailorPad Modules may be modified by Smart Solutions at any time in its sole discretion without any prior notification to the Customer.
“Customer” shall mean: (i) in case an individual accepts this Agreement on behalf of himself / herself, then such individual; and (ii) in case an individual accepts this Agreement on behalf of a company, organization, or other entity (whether or not it is registered or incorporated), such company, organization or other entity.
“Customer Data” means electronic data or any other information submitted by the Customer to Smart Solutions, excluding content from third-party applications, integrations.
“Database” means the underlying database that stores the Customer Data.
“Downtime” means the time there was unavailability of an TailorPad account due to maintenance activity at our end. It may occur due to breakdown at the server’s end since Smart Solutions may host with Third Parties.
“TailorPad Account” means the web URL for accessing the account Customer has subscribed for with Smart Solutions. This is synonymous to TailorPad Site and TailorPad Instance.
“Smart Solutions Consultants” refers to the Consultants who are representatives of Smart Solutions.
“Issue” means a support ticket that has been raised by a Customer or an Authorized User for reporting an incident or requesting service requests.
“Services” means the products and services that are ordered by the Customer under the MSA or provided to Customer free of charge (as applicable) or under a free trial, and made available online by Smart Solutions.
“Support Scope” shall have the meaning assigned to it in Section 2.1 of this Agreement.
“Subscription” means the active hosting, server or support plan that the Customer has paid for availing Smart Solutions Services.
“User” means any individual to whom the customer grants access for accessing the TailorPad Account.
“User Role” means the role granted to the Users in an TailorPad account. Different User Roles have various permissions and access control is exhibited using User Roles.
“Weekend Support”: refers to the support provided by Smart Solutions Consultants on weekends (Saturday & Sunday).

II. Service Levels

This section provides all the relevant details on Service Availability, monitoring the scope of services and related components.

2.1 Support Scope

2.1.1 Support Services will be provided by Smart Solutions only on the standard product and official release of TailorPad. Configurations of options available within Core TailorPad Features are a part of the standard product support. Support Services are not provided for code customizations, custom Modules and third-party Modules.

2.1.2. Support Services will be provided only for Instances running on distributions of Linux that are supported by Bench in case of self hosted instances. The list of Linux distributions supported by Bench is subject to change at any time without prior notice. Customer shall be the sole responsible party to ensure that Customer is using a Linux distribution supported by Bench.

2.1.3. The Scope of this Service Level Agreement shall also include:

Functional support: Functional Support shall include support on all standard features of TailorPad. Smart Solutions shall only provide support in the form of guidance to the Customer. The onus of implementation extends to the Customer.
Configuration support: Configuration Support shall include but not limited to support for configuring workflow.
Scenario support: Scenario Support shall refer to Mapping User’s specific business use-case.
Issue Investigation: Issue Investigation refers to examining the reported behavior of a feature when it is not exhibiting expected functionality. All issues shall be replicable and Customer shall support Smart Solutions in replicating the issue in a non-production environment.
Bug fix: Bug fix refers to fixing of verified bugs after Investigation. Bugs will be fixed based on severity and criticality and which are included in our regular Release process. In cases of Critical bugs it may be resolved on priority basis and released immediately.
Data fix: In cases of Data fix, support shall be provided to the Customer only for correcting data if it is an outcome of a verified bug.
Upgrade Support: Smart Solutions will provide upgrades and maintain the latest version of the application in the TailorPad Account.
Scaling Support: Optimising database to improve performance wherever deemed necessary. New users can be added from the user list.

2.1.4 Upon Smart Solutions sole discretion, the Scope of this Agreement (depending on several parameters) may include Support services in feature request or feature redesign.

2.3 Support Exclusions

The following Services are not included in Support and are exclusively beyond the Scope of this Agreement. Upon Smart Solutions sole discretion, Smart Solutions Consultants may provide these services on a case to case basis. Smart Solutions Consultants may train the Customers to implement these Services but the liability to perform these Services shall solely be on the Customer. These Support Services include:

Data Entry & Data Import:- Smart Solutions shall not be responsible for providing support in physically or electronically entering data of the Customer into the database or/and importing data from Customer’s legacy database or storage.
Client Script & Print Format:- Smart Solutions shall not provide support in code customization to the Customers or/and provide amendments to the Print format.
Manual Data Sanitization:- Smart Solutions shall not provide support is sorting or filtering of data of the Customer. The Customer is solely responsible for managing its own data.
User Management & Permission Management:- Customer shall be solely responsible for its User & Permission Management.
Infrastructure Purchase:- Smart Solutions shall not provide any type of Infrastructure purchase to the Customer such as, but not limited to, server or any other type of hardware.
Smart Solutions shall not provide a query session each of more than sixty (60) minutes.

2.4 Support Hours

The Support hours are calculated under Indian Standard Time (“IST”).The coverage parameters specific to the service(s) covered in this Agreement are as follows:

Business Hours: Monday-Friday, 10:00 to 18:00 IST
Support Email: support@tailorpad.com
Telephone: +91-661-2510544, +91-70082-67767
The Weekend Support shall only be available to Customer only on Critical issues.
Emails received outside the Business hours will be queued and we will try to ensure solving the issue the same or next business day.
Calls received after specified hours, weekends, will be forwarded to a designated Smart Solutions Consultant. The best efforts will be taken to rectify the problem as per Section 2.6 of this Agreement.

2.5 Support Levels

The criteria of each level of Issue Priority shall be as per the following sequence. Each support issue will be classified based on the criticality and impact by Smart Solutions.

Issue Priority

Unclassified: All Issues are tagged as Unclassified when they are received
Critical:

System ar parts of the system are inoperable / not functioning
Impact threatening productivity or key business functions
Server Failure
Network down for whole Office

Functional Query: Issues ranging from functional queries related to various features and modules of TailorPad, Cloud Subscription Plans, Data import assistance.
Investigation: System is operational but performance very bad. Deep Issues that require investigation in the core such as Stock Balance mismatch, Email delivery and performance, network issue for 3 or more Users
Bug: System is operational but behaviour of a specific feature or module is incorrect.
Service Request: When User reports a service request like major version upgrade, upgrade of subscription plan, modification of certain field, form, report etc.

2.6 Support Resolution Times

For the above Issue Types, the response and resolution times are as specified below.

Issue Priority	Response Time	Resolution Time
Unclassified	2 hours	4 hours
Critical	1 hour	4 hours
Functional Query	2 hours	16 hours
Investigation	2 hours	16 hours
Bug	2 hours	32 hours
Service Request	2 hours	32 hours

These hours are subject to:

The matrix shown above is for defined Business Hours.
The response and resolution time are indicative and not final. Actual resolution may depend on factors that may be out of control such as unavailability of server etc.
Smart Solutions does not accept any penalty if these support requests are not resolved within the indicative times.

Refund and Cancellation

You may cancel your account at any time by emailing to info@tailorpad.com
Once your account is cancelled, there will be no successive active subscription payment applicable, and 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, your account will automatically expire after subscription period. Any request for cancellation must be placed before renewal of account. Renewal fee is not subject to refund under any case.
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 even if you have an active subscription of your account.

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 (https://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.