Smart Agent — Terms & Conditions

1 Acceptance of Terms

By accessing or using the Service in any manner — including but not limited to browsing the website, creating an account, purchasing a subscription, or using any feature of the application — you affirm that you have read, understood, and agree to be bound by these Terms in full, without modification, reservation, or exception.

If you are using the Service on behalf of a business entity, partnership, or organization, you represent and warrant that you have full legal authority to bind that entity to these Terms, and that such entity agrees to these Terms. In that case, references to "you" or "User" shall apply to both you individually and to the entity you represent.

2 Description of Service

Smart Agent, developed and operated by Apna Infotech ("Company," "we," "us," or "our"), is a subscription-based, cloud-hosted software platform designed to assist licensed insurance agents, RTO advisors, and related insurance professionals in India with the following functions:

• Client relationship management (CRM) and profile management
• Multi-type insurance policy tracking and expiry management
• Renewal reminders via WhatsApp and SMS
• On-demand RC (Registration Certificate) and challan status retrieval from publicly available databases
• Insurance commission calculation and reporting
• Document storage and management
• Business analytics and performance reporting

3 Eligibility & Registration

To use the Service, you must:

• Be at least 18 years of age and legally capable of entering into a binding contract under Indian law
• Be a registered or licensed insurance agent, RTO advisor, or an authorized representative of an insurance business entity in India
• Provide accurate, complete, and current information during registration and promptly update such information if it changes
• Maintain the confidentiality of your account credentials and accept full responsibility for all activity that occurs under your account

4 User Responsibilities & Obligations

By using the Service, you agree to assume full and exclusive responsibility for the following, and acknowledge that the Company bears no liability in connection with your failure to comply:

• Lawful Use Only: You shall use the Service solely for lawful, legitimate insurance business purposes and in full compliance with all applicable Indian laws, regulations, and IRDAI guidelines.
• Data Accuracy: You are solely responsible for the accuracy, completeness, and legality of all client data, policy information, and documents entered into or uploaded to the Service. The Company neither verifies nor endorses any data you provide.
• Client Consent: You must obtain all necessary, explicit, and documented consent from each client before entering, uploading, or storing their personal information, documents, or any other data within the Service. The Company shall bear no responsibility whatsoever for any breach of privacy, regulatory non-compliance, or legal dispute arising from your failure to obtain adequate client consent.
• Independent Verification: Any RC details, challan information, vehicle records, or other data retrieved through the Service from third-party databases is provided for convenience and reference only. You are solely responsible for independently verifying all such information through official government channels before relying on it for any business, legal, insurance, or regulatory purpose. The Company is not liable for any decision, action, omission, claim, or loss arising from reliance on such data.
• Regulatory Compliance: You are solely responsible for ensuring that your use of the Service complies with all applicable licensing requirements, IRDAI regulations, data protection laws (including DPDP Act 2023), and any other legal or regulatory obligations applicable to your profession and jurisdiction.
• Prohibited Conduct: You shall not attempt to access, test, probe, or exploit any vulnerability of the Service; introduce malicious code; impersonate any person or entity; scrape or extract data; or use the Service for any purpose other than its intended legitimate use.
• Employee & Team Access: If you grant access to employees or team members through your account, you remain fully responsible for their actions and any use or misuse of the Service under your account credentials.

5 Data, Privacy & Security

The Company implements commercially reasonable technical and organizational security measures to protect data stored within the Service. However, you expressly acknowledge and agree to the following:

• No digital system, platform, or technology is entirely immune to unauthorized access, cyberattacks, data breaches, or technical failure. The Company does not and cannot guarantee absolute security of any data stored on or transmitted through the Service.
• The Company does not certify, authenticate, or validate any data entered by Users or retrieved from external sources.
• You are responsible for maintaining the security of your own devices, credentials, and network connections used to access the Service.
• The Company's collection and use of personal data is governed by the Privacy Policy, which is incorporated into these Terms by reference. In the event of any conflict between these Terms and the Privacy Policy regarding data handling, the Privacy Policy shall prevail.
• In the event of a data security incident that may affect your data, the Company will make commercially reasonable efforts to notify you through the contact information associated with your account in a timely manner, subject to applicable legal obligations.
• The Company retains the right to anonymize, aggregate, and use non-personally identifiable usage data for internal analytics, service improvement, and product development purposes.

6 Service Fees, Subscriptions & Billing

Access to the full features of the Service requires payment of applicable subscription fees as described on the pricing page of the platform at the time of purchase. The following terms govern all financial matters:

• Fee Revisions: The Company reserves the sole and absolute right to revise, update, modify, or restructure subscription fees, pricing tiers, pay-per-use charges (including RC/Challan check costs), or any other fees at any time and without prior individual notification. Such changes may apply to new subscriptions, plan renewals, or upgrades. Your continued use of the Service after any fee revision constitutes your acceptance of the updated pricing.
• No Compensation for Price Changes: The Company assumes no obligation to compensate, credit, or reimburse any User for loss of business, revenue, or any other financial impact arising from fee adjustments, restructuring of plans, or discontinuation of any feature.
• Pay-Per-Use Features: Certain features such as RC and Challan checks are billed on a pay-per-use basis. Credits purchased for such features are non-refundable and non-transferable unless otherwise stated in the Refund Policy.
• Taxes: All fees are exclusive of applicable taxes including GST. Users are responsible for all applicable taxes on their subscription.
• Promotional Pricing: Any discounted, introductory, or promotional pricing is valid only for the period specified at the time of purchase and is subject to change at the Company's sole discretion upon renewal.

7 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND — EXPRESS, IMPLIED, OR STATUTORY — INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Any warranty that the Service will be uninterrupted, error-free, secure, timely, or available at all times
• Any warranty regarding the accuracy, completeness, reliability, currency, or appropriateness of data retrieved from government sources, third-party APIs, or any external data source
• Any warranty that results obtained from use of the Service will be accurate, reliable, or meet your specific professional or business requirements
• Any warranty regarding the compatibility of the Service with your specific device, operating system, or network environment

8 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE INDIAN LAW, AND REGARDLESS OF THE FORM OF ACTION (CONTRACT, TORT, NEGLIGENCE, STATUTE, OR OTHERWISE), THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR:

• Business & Financial Losses: Any loss of revenue, income, profits, commissions, business opportunities, anticipated savings, or goodwill, whether direct or indirect, arising from use of or inability to use the Service
• Data-Related Losses: Any loss, corruption, or unauthorized access of your data, client data, or documents stored within the Service
• Third-Party Data Inaccuracies: Any loss, damage, claim, penalty, fine, or legal consequence arising from inaccurate, incomplete, outdated, or unavailable data retrieved from government databases, Parivahan portals, e-Challan systems, or any other external source through the Service
• Operational Failures: Any loss arising from technical failures, server downtime, API unavailability, software bugs, errors, unauthorized access, or security breaches outside the Company's direct control
• Regulatory & Compliance Consequences: Any regulatory penalty, fine, disciplinary action, license suspension, legal proceeding, or compliance obligation arising from your use of the Service or from your own professional activities conducted in connection with the Service
• Consequential or Indirect Damages: Any indirect, incidental, special, punitive, consequential, or exemplary damages, even if the Company has been advised of the possibility of such damages
• Third-Party Disputes: Any claim, demand, or legal action brought against you by your clients, insurers, regulatory authorities, or any third party in connection with the professional services you deliver
• Service Modifications: Any disruption, inconvenience, or loss arising from changes, suspension, or discontinuation of any features or the Service itself

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. To the extent that such laws apply, some of the exclusions above may not apply to you — however, the Company's liability shall be limited to the maximum extent permitted in such jurisdictions.

9 Indemnification

You agree to fully defend, indemnify, and hold harmless Apna Infotech, its directors, officers, employees, contractors, affiliates, agents, successors, and assigns from and against any and all claims, demands, suits, proceedings, losses, damages, costs, liabilities, judgments, fines, penalties, and expenses — including reasonable legal fees and court costs — arising out of or relating to:

• Your use or misuse of the Service in any manner
• Your violation of these Terms, the Privacy Policy, or the Refund Policy
• Any data, content, or information entered, uploaded, or transmitted by you through the Service
• Your failure to obtain, maintain, or document adequate client consent for data processing and storage
• Any incorrect, fraudulent, inaccurate, or legally problematic data entered into the Service by you or your team
• Any dispute between you and your clients, insurers, business partners, or any third party
• Your non-compliance with IRDAI regulations, data protection laws, or any other legal or professional obligations applicable to you
• Any claim that your use of the Service infringes any third-party intellectual property, privacy, or regulatory right
• Any unauthorized access to or use of the Service through your account
• Any action or inaction on your part based on information or data obtained through the Service without independent verification through official channels

10 Third-Party Data, APIs & External Services

The Service may retrieve, display, or provide access to information sourced from third-party databases, government portals (including but not limited to Parivahan, Vahan, and e-Challan systems), APIs, and other external data providers. Regarding all such third-party data and services:

• The Company does not own, control, or maintain any external data source and therefore cannot guarantee the accuracy, completeness, timeliness, currency, or availability of any data obtained therefrom
• The Company expressly disclaims all responsibility for errors, omissions, delays, interruptions, or unavailability of third-party data or services
• Government databases may reflect delays of days, weeks, or longer; RC and challan data retrieved through the Service may not reflect the most current official records at the time of retrieval
• Any reliance on third-party data accessed through the Service is entirely at your own risk. You are solely responsible for independently verifying such information through official government channels before making any professional, legal, or financial decision based on it
• The Company shall not be liable for any loss, damage, claim, fine, or legal consequence of any nature that arises from your use of or reliance on third-party data accessed through the Service

11 Intellectual Property

All content, design elements, software code, algorithms, databases, trademarks, logos, trade names, user interfaces, and features of the Service are the exclusive intellectual property of Apna Infotech and are protected under Indian and international intellectual property laws.

• You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your own legitimate insurance business activities during the term of your subscription
• You shall not copy, reproduce, redistribute, modify, adapt, translate, reverse-engineer, decompile, disassemble, create derivative works from, sublicense, sell, resell, transfer, or otherwise exploit any part of the Service for any commercial or non-commercial purpose without express prior written consent from the Company
• Any feedback, suggestions, or ideas you submit regarding the Service may be used by the Company without any obligation of compensation, confidentiality, or attribution

12 Service Modifications, Availability & Discontinuation

The Company reserves the absolute right, at any time and without prior notice or liability, to:

• Modify, update, enhance, restructure, or remove any feature, functionality, or content of the Service
• Temporarily suspend or restrict access to the Service for scheduled maintenance, emergency repairs, security updates, or any other operational reason
• Permanently discontinue the Service or any part thereof, in which case the Company shall endeavor to provide reasonable advance notice where operationally feasible
• Introduce new features, tools, or pricing tiers that may alter the scope or cost of the Service

13 Account Suspension & Termination

The Company reserves the right to suspend, restrict, or permanently terminate your account and access to the Service, at its sole discretion and without prior notice or refund, including but not limited to the following circumstances:

• Violation of any provision of these Terms, the Privacy Policy, or the Refund Policy
• Submission, upload, or use of fraudulent, inaccurate, illegal, or harmful data through the Service
• Non-payment of applicable subscription fees or chargebacks on prior payments
• Any attempt to access, bypass, probe, or exploit any security mechanism of the Service
• Any conduct that, in the Company's reasonable judgment, poses a risk to the security, integrity, or reputation of the Service or to other users
• Requests or requirements from law enforcement authorities or regulatory agencies

Upon termination, your right to access and use the Service ceases immediately. The Company reserves the right to retain, archive, or delete your data in accordance with the Privacy Policy and applicable legal requirements. You may request an export of your data prior to termination by contacting support in advance.

14 Professional & Regulatory Compliance

Smart Agent is an organizational and operational tool designed to support insurance professionals in their day-to-day activities. It is expressly not a substitute for professional judgment, regulatory compliance systems, legal counsel, or IRDAI-mandated record-keeping obligations. Users acknowledge and agree to the following:

• You are solely responsible for ensuring that your professional activities, including all use of the Service, comply with all applicable IRDAI regulations, circulars, guidelines, and licensing requirements
• You are solely responsible for compliance with the Digital Personal Data Protection (DPDP) Act 2023 and any other applicable data protection laws with respect to all client data processed through the Service
• The Service does not constitute an official record-keeping system for regulatory purposes. You are responsible for maintaining all regulatory records as separately required by law
• Any advice, guidance, templates, or information provided within the Service is for operational convenience only and does not constitute legal, insurance, or regulatory advice
• The Company shall bear no responsibility for any regulatory investigation, penalty, license action, or legal proceeding arising from your professional conduct or your use of the Service

15 Force Majeure

The Company shall not be liable for any delay, failure, interruption, or degradation of performance of the Service that results from circumstances beyond the Company's reasonable control, including but not limited to:

• Natural disasters, floods, earthquakes, fires, storms, or other acts of God
• Government actions, sanctions, regulatory orders, or changes in law
• Cyberattacks, distributed denial-of-service (DDoS) attacks, or other hostile digital activities targeting the Service or its infrastructure
• Internet service provider failures, telecommunications outages, or cloud infrastructure disruptions
• Power outages, hardware failures, or third-party service disruptions affecting the Company's systems
• Pandemics, epidemics, or public health emergencies affecting Company operations
• Any other event outside the Company's reasonable control

In such circumstances, the Company's obligations under these Terms shall be suspended for the duration of the force majeure event. The Company will make commercially reasonable efforts to restore the Service as promptly as possible following the resolution of such events.

16 Governing Law & Dispute Resolution

These Terms shall be governed by, construed, and enforced in accordance with the laws of the Republic of India, without regard to any conflict of law provisions.

Mandatory Pre-Litigation Mediation: In the event of any dispute, claim, controversy, or disagreement of any kind arising out of or in connection with the Service, these Terms, or any related matter ("Dispute"), both parties agree that:

• The aggrieved party must first provide written notice of the Dispute to the other party, clearly describing the nature of the Dispute and the relief sought
• The parties shall make a good-faith effort to resolve the Dispute through direct negotiation for a period of thirty (30) days from the date of such notice
• If not resolved through negotiation, the Dispute shall be submitted to binding mediation conducted by a mutually agreed neutral third-party mediator located in Nokha, Bikaner, Rajasthan, India
• The mediator's determination shall be final, binding, and enforceable to the fullest extent permitted by applicable law
• No court proceedings or formal legal action of any kind may be initiated unless the mediation process described above has been fully attempted and conclusively failed
• The language of all proceedings shall be Hindi or English
• Each party shall bear their own costs of mediation unless the mediator determines otherwise

17 Miscellaneous Provisions

• Severability: If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a competent authority, such provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions shall continue in full force and effect.
• Entire Agreement: These Terms, together with the Privacy Policy and Refund Policy (collectively incorporated herein by reference), constitute the entire and exclusive agreement between you and the Company regarding the Service, superseding all prior or contemporaneous understandings, representations, negotiations, and agreements — whether written or oral — relating to the same subject matter.
• No Waiver: The Company's failure to enforce any provision of these Terms on any particular occasion does not constitute a waiver of its right to enforce that provision in the future, either against you or any other User.
• Assignment: You may not assign, transfer, or sub-license your rights or obligations under these Terms without the prior written consent of the Company. The Company may freely assign its rights and obligations under these Terms to any successor, affiliate, or acquirer without notice or consent.
• Notices: All formal notices to the Company must be submitted in writing via email to the address provided in Section 18. Notices from the Company to you will be delivered to the email address associated with your registered account. It is your responsibility to maintain an accurate and active email address in your account settings.
• No Agency or Partnership: Nothing in these Terms shall be construed to create a partnership, joint venture, agency, franchise, or employment relationship between you and the Company. You have no authority to make any representations or incur any obligations on behalf of the Company.
• Language: These Terms are drafted in English. In the event of any translation, the English version shall prevail and govern.

18 Contact Information

For any questions, concerns, notices, or requests relating to these Terms and Conditions, please contact us at: