Terms & Conditions

(a) "Company", "We", "Us" or "Our" means Heptarise IT Solution, the developer and service provider of SmartLeadWave.

(b) "SmartLeadWave", "Platform" or "Service" means the software platform, website, application, dashboard, database infrastructure and related services provided by the Company.

(c) "Customer" or "You" means the person, business, organization or entity that registers for, purchases or uses SmartLeadWave.

(d) "Customer Data" means all leads, enquiries, names, mobile numbers, email addresses, notes, follow-ups, call-related records, documents and other information entered, imported, uploaded or otherwise provided by the Customer or its authorized Members.

(e) "Member" means any employee, staff member, telecaller, operator, manager, agent, representative or other person authorized by the Customer to access its account.

(a) SmartLeadWave is a Software-as-a-Service (SaaS) platform provided to help businesses manage leads, enquiries, members, calls, follow-ups and related business activities.

(b) The Company provides the software and related technical infrastructure only and does not operate or manage the Customer's business.

(c) The Customer and its authorized Members are responsible for entering, importing, updating, managing, processing and using their own business and Customer Data.

(d) The Company does not independently purchase, generate, verify or sell the Customer's leads merely by providing the Platform.

(e) Features may include lead management, Member management, calling/dialer functionality, call history, notes, follow-ups, reminders, reports and available data-export facilities. Features may be added, modified or discontinued where reasonably necessary for technical, security, legal or business reasons.

(a) Customer Data remains under the Customer's control. Storing or processing Customer Data on SmartLeadWave does not transfer ownership of such data to the Company.

(b) The Company may host, store, process, transmit, display and otherwise handle Customer Data only to the extent reasonably necessary to provide, maintain, secure and improve the Service and comply with applicable law.

(c) The Customer is responsible for having the necessary rights, authority, consent or lawful basis to collect and use the information entered into the Platform.

(d) The Customer is responsible for the accuracy, legality and appropriate use of its Customer Data. The Company does not independently verify the ownership, source, accuracy or legality of Customer Data.

(a) SmartLeadWave is provided as a customer-controlled software platform. The Customer decides what business and lead information is entered into the Platform.

(b) The Customer and its Members enter, import, manage, process and use their own data.

(c) The Company does not intentionally use one Customer's lead database to create, supply or enrich another Customer's lead database.

(d) SmartLeadWave is not a lead marketplace or data-brokerage service, and the Company does not intentionally sell, exchange or provide one Customer's Customer Data to another Customer for commercial use.

(a) Where available under the applicable plan and Platform functionality, the Customer may export or download its available data in Excel, PDF or other supported formats.

(b) The Customer is responsible for periodically taking and maintaining its own independent backup of important business information.

(c) Once data is exported, downloaded, copied or transferred outside the Platform, the Customer and its Members are responsible for its storage, security, use and further distribution.

(d) The Company does not guarantee permanent storage, uninterrupted availability or recovery of every item of Customer Data in every circumstance.

(e) The Customer should export required information before account termination, suspension or expiry whenever export functionality is available.

(a) The Customer is responsible for creating Members, assigning permissions, controlling access and removing access when no longer required.

(b) The Customer is responsible for the activities performed through its account by its authorized Members and for maintaining confidentiality and lawful use of Customer Data.

(c) Any problem, complaint, dispute, disagreement, allegation or other matter between the Customer and any Member/Employee/Staff, including matters relating to salary, payment, employment, appointment, work, performance, duty, commission, target, leave, discipline, behaviour, termination, misconduct, harassment, threats, abuse, discrimination or any other personal, employment-related or business matter, shall be the responsibility of the Customer and the concerned Member/Employee/Staff themselves.

(d) Heptarise IT Solution and SmartLeadWave, solely by being a Platform/Software Provider, shall not be responsible, employer, employee, mediator, guarantor or party to any such matter between the Customer and its Member/Employee/Staff, unless an independent legal liability of the Company is established under applicable law.

(e) If a Member downloads, copies, photographs, exports, forwards, shares or otherwise misuses Customer Data outside the Platform, the Customer and the concerned Member shall be responsible for the matter as applicable.

(a) The Customer shall keep account credentials confidential and shall not knowingly provide them to unauthorized persons.

(b) The Customer should use appropriate passwords and security practices and promptly notify the Company of suspected unauthorized access.

(c) The Company shall not be responsible for unauthorized activity resulting from credentials being voluntarily disclosed, improperly protected or misused by the Customer or its Members, except where liability cannot legally be excluded.

(a) SmartLeadWave may provide calling, click-to-call, call-history, follow-up and reminder functionality.

(b) The Customer determines whom it contacts, what it communicates and how its Members conduct calls.

(c) The Customer is responsible for obtaining any required consent and complying with applicable telecom, DND, anti-spam, privacy, consumer-protection and marketing requirements.

(d) The Company does not guarantee successful calls, customer responses, successful follow-ups or delivery of every reminder or notification. Such features may depend on internet connectivity, devices, operating systems, telecom operators, APIs or other third-party services.

(a) Certain Platform features may depend on third-party services such as hosting/cloud providers, telecom operators, SMS providers, payment gateways, APIs, browsers, operating systems and other technology providers.

(b) Third-party services may change their APIs, pricing, policies, availability or technical requirements. The Company shall not be responsible for failures, suspension or changes caused solely by an independent third-party provider, subject to applicable law.

(a) The Customer shall use SmartLeadWave only for lawful purposes and is responsible for complying with all laws and regulations applicable to its business, including requirements relating to data protection, privacy, telecalling, DND, anti-spam, marketing communications, consumer protection, employment and industry-specific requirements.

(b) The Customer is also responsible for responding to complaints or claims from its own leads, customers, Members or employees relating to its business activities or use of their information.

(a) Fraud, phishing, impersonation, data theft or other unlawful activities;

(b) Unauthorized collection, processing or distribution of personal information;

(c) Unlawful spam, bulk communication, harassment, threats or misuse of calling facilities;

(d) Malware, unauthorized access, security bypasses or attempts to access another Customer's account;

(e) Reverse engineering, unauthorized modification or interference with the Platform; or

(f) Any activity prohibited by applicable law.

(a) The Company will take reasonable technical and organizational measures appropriate to the Service to protect Platform information.

(b) Security measures may include secure connections, password protection, access controls, server security, monitoring and logging.

(c) No internet-based system can be guaranteed to be completely secure or free from every possible vulnerability.

(d) The Company may use authorized service providers where reasonably necessary to operate and maintain the Platform and may disclose information where required or permitted by applicable law, court order, government authority, security requirement or legitimate legal process.

(e) The Company does not intentionally sell Customer Data to third parties or intentionally provide one Customer's lead database to another Customer.

(a) Account, Customer and business information;

(b) Name, mobile number, email address and other contact information provided for the Service;

(c) Login, subscription, billing and support information;

(d) IP address, browser/device information, sessions and technical logs; and

(e) Customer Data to the extent technically necessary to provide the requested Platform functionality.

Such information may be processed for account management, Service delivery, support, billing, security, troubleshooting, fraud prevention, maintenance, improvement and legal compliance.

(a) Customer Data may be retained while reasonably required to provide the Service and according to the Company's applicable retention procedures.

(b) After account termination or expiry, Customer Data may be deleted according to applicable deletion procedures.

(c) Backup copies may remain temporarily until overwritten or securely deleted through normal backup procedures.

(d) Information may be retained where reasonably required for legal, accounting, taxation, security, fraud-prevention or dispute-resolution purposes.

The Company will make reasonable efforts to maintain the Platform but does not guarantee uninterrupted or error-free operation.

Service interruption may occur due to maintenance, upgrades, infrastructure problems, internet or telecom failures, security incidents, third-party services, cyberattacks, power failures or circumstances beyond the Company's reasonable control.

The Company may maintain operational backups for service recovery, but such backups do not replace the Customer's own independent backup.

SmartLeadWave is a business-management and productivity tool and does not guarantee any particular:

(a) Number of leads or calls;

(b) Customer response or successful follow-ups;

(c) Sales, conversions or revenue;

(d) Profit, business opportunities or business growth; or

(e) Other business results arising from the use of the Platform.

(a) The Customer shall pay the applicable subscription charges according to the selected plan.

(b) Plans may differ according to users, features, usage limits and subscription duration.

(c) Access may be restricted or suspended due to expiry, non-payment, security concerns, misuse, material violation of these Terms, illegal activities or legal requirements.

(d) Pricing and plans may be changed for future subscription periods.

(e) Refunds, where applicable, shall be governed by the Company's applicable refund policy and applicable law.

(a) If the Customer does not agree with these Terms or does not wish to continue using SmartLeadWave, the Customer may stop using the Platform and may choose not to continue the Service.

(b) The Customer may periodically export/download its required Customer Data in Excel, PDF or other supported formats, where available, and maintain its own independent backup.

(c) Where the relevant functionality is available, the Customer may delete or clear its Customer Data from the Platform. The Customer should ensure that all required data has been backed up before deleting or clearing it.

(d) After securing its required data, the Customer may request Account Termination or Account Deletion from the Company.

(e) Upon receiving a termination/deletion request, the Company may terminate/delete the account according to its applicable account-closure, data-retention and deletion procedures.

(f) Certain information may continue to be retained for a limited period where reasonably required for legal, accounting, taxation, security, fraud-prevention, backup or dispute-resolution purposes.

(g) After account termination or deletion, Platform access and recovery of Customer Data may no longer be available. The Customer is therefore responsible for taking all required backups before requesting termination or deletion.

All rights relating to SmartLeadWave, including its software, source code, interface, design, branding, workflows, documentation, database structure, system architecture and proprietary technology, belong to or are lawfully licensed to Heptarise IT Solution unless specifically stated otherwise.

Use of SmartLeadWave does not transfer ownership of the Platform or its intellectual property to the Customer.

Customer Data remains the responsibility and applicable property/right of the Customer.

To the maximum extent permitted by applicable law, the Customer agrees to protect and indemnify Heptarise IT Solution against claims, losses, liabilities, costs or proceedings arising from the Customer's or its Members' unlawful Customer Data, unauthorized data collection, unlawful calls or communications, misuse of the Platform, violation of applicable law, violation of these Terms or disputes involving the Customer's customers, employees or Members.

To the maximum extent permitted by applicable law, Heptarise IT Solution shall not be liable for indirect, incidental, special or consequential losses, including loss of profit, sales, revenue, business opportunities, missed follow-ups, losses caused by Customer or Member actions, incorrect Customer Data or third-party service failures.

Where legally permissible, the Company's aggregate liability arising from the Service shall be limited to the amount actually paid by the Customer for the applicable Service period immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

The Company shall not be responsible for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, fire, flood, war, civil disturbance, government restrictions, internet or telecom failures, cloud/infrastructure failures, cyberattacks, power failures and third-party service failures, subject to applicable law.

The Company may modify the Platform or these Terms where reasonably required due to new features, security requirements, technical improvements, changes in law, regulatory requirements or business practices.

Updated Terms will carry a revised "Last Updated" date.

Use of SmartLeadWave does not create an employer-employee relationship, partnership, joint venture, agency, franchise or similar relationship between Heptarise IT Solution and the Customer or its Members.

The Customer independently operates its business and manages its employees, Members, Telecallers and customers.

(a) These Terms shall be governed by the laws of India, subject to applicable law.

(b) The parties should first attempt to resolve disputes through good-faith communication.

(c) If a dispute cannot be resolved, the parties may pursue remedies available under applicable law.

(d) Courts having lawful jurisdiction over the Company's applicable place of business shall have jurisdiction, subject to applicable law.

(e) If any provision is found invalid or unenforceable, the remaining provisions shall continue to remain effective to the extent legally permissible.

By registering, purchasing a subscription, creating an account, clicking "I Agree" / "Accept", or continuing to use SmartLeadWave, the Customer confirms that:

(a) It has read and accepted these Terms, including the applicable Privacy and Customer Data provisions;

(b) SmartLeadWave is a software platform and the Company does not operate or manage the Customer's business;

(c) The Customer is responsible for its Customer Data, its business activities and the actions of its Members;

(d) The Customer may use available Excel, PDF or other supported export functionality and is responsible for maintaining independent backups of important data;

(e) Customer Data does not become the Company's property merely because it is stored or processed through the Platform;

(f) The Company does not intentionally sell or exchange one Customer's lead database with another Customer;

(g) The Company does not guarantee uninterrupted service, permanent data availability, successful calls, reminders, sales, conversions or business results; and

(h) The Customer agrees to use SmartLeadWave lawfully and in accordance with these Terms and applicable law.