Terms of Use

1. Definitions

• "Smooth," "we," "us," "our" means the operator(s) of the Service, including any parent, subsidiary, affiliate, successor, or assignee.
• "Content" means all text, graphics, data, software, audio, video, and other material available through the Service.
• "User Contribution" means any content that you submit, upload, or make available on the Service.
• "Backlink Exchange" means the feature of the Service where Users may list, purchase, or exchange hyperlinks or promotional placements on third-party websites.

2. Changes to Terms & Service

We may revise these Terms or change, suspend, or discontinue any part of the Service at our sole discretion. Material changes will be notified at least thirty (30) days in advance on this page. Continued use after such date means you accept the revised Terms.

3. Eligibility & Compliance

By using the Service, you confirm that:

1. You are at least 18 years old and legally capable of entering contracts under Indian law.
2. You have not been suspended or removed from the Service.
3. You will comply with all applicable Indian laws, regulations, and third-party rules (including search-engine policies).

4. License & Intellectual Property

• Ownership: All Service content (except User Contributions) belongs to Smooth or its licensors, protected under Indian copyright, trademark, and other intellectual property laws.
• Limited License: We grant you a limited, non-transferable license to use the Service for your internal business purposes only.
• Trademarks: Smooth and related marks are proprietary. You may not use them without our prior written consent.

5. User Contributions

• You remain solely responsible for your submissions.
• By uploading content, you grant Smooth a worldwide, royalty-free, transferable license to use, reproduce, display, and distribute it in connection with the Service.
• You must not upload content that is unlawful, defamatory, obscene, harassing, harmful, or that violates third-party rights or search-engine rules.

6. Acceptable Use

You agree not to:

• Use the Service for fraud, scams, or illegal activities.
• Interfere with or disrupt the Service.
• Copy, scrape, or harvest data without permission.
• Attempt unauthorized access to accounts or systems.
• Use bots or scripts, except through our authorized APIs.

7. Backlink Exchange

• We do not control or endorse third-party websites listed through the Exchange.
• Backlink placements are automated once purchased. You are responsible for ensuring such links suit your brand and risk tolerance.
• Search engines may penalize sites that violate their guidelines. You accept this risk and agree to hold us harmless from penalties or losses.
• We monitor trends and refine practices, but no system can guarantee improved rankings or zero risk.

8. Fees, Payments & Refunds

• Fees are listed on the Service and may change before purchase.
• Payments are processed through third-party gateways (e.g., Razorpay, UPI, cards, net-banking). We are not liable for their actions.
• Refund Policy: All sales are final. No refunds are provided under any circumstances. Users are encouraged to test the Starter Plan before upgrading.

9. Suspension & Termination

We may suspend or terminate your access at any time for breach of Terms or other undisclosed reasons. Termination ends your license, but certain sections (Intellectual Property, Liability, Indemnification, etc.) will survive.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available." We disclaim all warranties, express or implied, including fitness for a particular purpose or guaranteed results. We do NOT promise that:

• The Service will always be error-free or uninterrupted.
• Any backlink or content will improve rankings, traffic, or revenue.
• Search-engine rules will remain unchanged.

11. Limitation of Liability

To the maximum extent permitted by Indian law, our liability is limited to the actual fees you paid us in the last 12 months. We are not liable for lost profits, lost data, reputational damage, or indirect losses.

12. Indemnification

You agree to indemnify and hold harmless Smooth, its owners, employees, and affiliates against claims, losses, or expenses arising from your use of the Service, User Contributions, or violations of law/these Terms.

13. Governing Law & Jurisdiction

These Terms shall be governed by the laws of India. Only High Court at New Delhi or Supreme Court of India shall have exclusive jurisdiction, subject to the arbitration clause below.

14. Dispute Resolution

• Informal Negotiation: Contact us at support@smooth to try to resolve disputes within 30 days.
• Arbitration: If unresolved, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996. Arbitration will be in English, with a sole arbitrator in New Delhi.
• No Class Actions: Disputes may only be pursued individually, not as a class action.

15. Severability & Waiver

If any provision is invalid, the rest remain enforceable. Failure to enforce a right is not a waiver of that right.

16. Entire Agreement

These Terms are the complete agreement between you and Smooth and replace all prior understandings.

17. Affiliate Program Rules (Key Restrictions)

• Affiliates may not bid on our brand name/domain (including misspellings or variations) in paid ads on Google, ChatGPT, or any other platform.
• Affiliates may not use our brand name in ad copy, key phrases, or URLs.
• Direct linking from ads to our website is strictly prohibited.

18. Contact

For questions or notices, email us at hello@smooth-marketing.com.