This document is an electronic record in terms of the Information Technology Act, 2000, and amendments thereof. It does not require any physical or digital signatures. By using the Smart Bills Services, you agree to the terms and conditions set forth in this agreement.

Agreement Acceptance

Please read the terms and conditions carefully before registering, accessing, or using the Smart Bills Services (the “Services”). These terms represent a legal agreement between you and Hyperise Technologies Private Limited ("Smart Bills"). By using the Services, you acknowledge that you have read and agreed to these terms. If you do not agree, you may not use the Services.

Changes to Terms

Smart Bills may amend these terms at any time by posting an updated version on our website and mobile app. The revised terms will be effective immediately upon posting, and it is your responsibility to review them periodically. Continued use of the Services indicates your acceptance of the changes.

P-SSO Access

P-SSO, with your authorization, can be used to access or register on the switch interface with “Switch Merchants”. However, your secure credentials would not be shared with any “Switch Merchants”. You can use your P-SSO in order to access your Smart Bills Account or pay using permissible Smart Bills Services on participating platforms without logging into your Smart Bills App.

You further agree that Smart Bills shall share some limited information provided by you except your secure access credentials to participating platforms as necessary for P-SSO login at participating platforms.

You shall not share the P-SSO credentials with any third party website, portal, person over any communication medium and you understand that your Smart Bills account can be misused due to unauthorized disclosure of P-SSO.

You hereby agree and acknowledge that in the event of non-compliance of the Terms of Use for usage and access to Single-Sign-On Services, Smart Bills has the right to terminate Your access or access usage limits on Phone account and services without further notice.

Third Party Terms and Conditions

Smart Bills and Smart Bills Entities may provide third party services via Smart Bills Platform. You understand that we do not own those services and you may need to accept their respective terms and conditions. You may also be required to share additional information in order to avail such products/services provided by third parties on Smart Bills Platform. Smart Bills does not hold any liability on the information collected from you by third party websites or applications, and we cannot indemnify you for any third party actions.

Offers

Smart Bills or Smart Bills Entities may invite you to participate in any offer from time to time. You agree that participating in such an offer is subject to your agreement to the respective offer terms and conditions. You also understand that the offers might be provided by third parties on Smart Bills Platforms and you may require to agree to respective terms and conditions of third parties.

You further agree that offers provided to any user may vary from user to user. Smart Bills reserves the right to disqualify you from any offer in case you do not meet the eligibility criteria for such an offer or any other reasons thereof, including but not limited to misuse of offer, misrepresentation, fraud, suspicious transactions/activities, including but not limited to PMLA directives or any at our sole discretion without further notice.

Communication

Smart Bills and Smart Bills Entities may communicate with you on the contact information that you may have provided to us during the course of your engagement, including but not limited to signup, transacting, or availing any third-party products or services on Smart Bills Platform.

We will send you communication alerts via emails, SMS, push notifications, or via other progressive technology. You also agree that there can be disruption in communications due to factors that are not under our control, including but not limited to your phone being switched off, incorrect email address, network interruptions. You agree not to hold Smart Bills liable for non-delivery of any alert or any loss suffered by you due to delay, distortion, or failure of communication.

You further acknowledge that you are responsible for the contact details shared with us and shall update us on any change in your contact details. You authorize us to contact you and communicate with you for any Smart Bills service or offer(s). We may use third-party service providers to send alerts or communicate with you. You authorize Smart Bills and Smart Bills Entities to override the DND settings to reach out to you over calls, SMS, emails, and any other mode of communication.

Intellectual Property Rights

Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks, and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights.

All those Intellectual Property rights arising as a result of domain names, the internet or any other right available under applicable law shall vest in the domain of Smart Bills or Smart Bills Entities as the owner of such domain name. The parties hereto agree and confirm that no part of any intellectual property rights mentioned hereinabove is transferred in the name of the user, and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession, and control of Smart Bills or its licensors, as the case may be.

All material on this Smart Bills website and mobile application, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights of Smart Bills, Smart Bills Entities, or Business Partners. Material on the website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit, or distribute such material in any way, including by email or other electronic means, and whether directly or indirectly. You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other platform or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited.

Use of Group Companies

You understand and agree that Smart Bills and Smart Bills Entities reserve the right to use the services of themselves to provide any of the mentioned Smart Bills Services to you within Smart Bills Platforms.

Termination

You agree that Smart Bills, at its sole discretion, may terminate your contract without prior notice and restrict your access to the Smart Bills application if we determine that you have violated the terms of use. You consent that in case Smart Bills suffers losses, not limited to monetary losses, due to your actions, we can take injunctive relief or any other legal action as deemed necessary. Smart Bills is not liable for any loss to you due to termination.

Limitation of Liability

Financial and non-financial transactions performed by you on Smart Bills Platform are always processed by you or under your exclusive authorization.

In no event will Smart Bills be liable for any indirect, consequential, incidental, special, or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data, or loss of other economic interests, whether in contract, negligence, tort, or otherwise, arising from the use of or inability to use the Services. However caused and whether arising in contract, tort, negligence, warranty, or otherwise, the liability shall not exceed the amount paid by you for using the Services giving rise to the cause of action or Rupees One Hundred (Rs. 100), whichever is less.

Indemnification

You shall indemnify and hold harmless Smart Bills, Smart Bills Entities, its owners, licensees, affiliates, subsidiaries, group companies (as applicable), and their respective officers, directors, agents, and employees from any claim, demand, or actions, including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use, Privacy Policy, and other Policies, or your violation of any law, rules, or regulations or the rights (including infringement of intellectual property rights) of a third party.

Force Majeure

A Force Majeure Event shall mean any event that is beyond the reasonable control of Smart Bills, and shall include but not be limited to war, riots, fire, flood, acts of God, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, pandemic, computer hacking, unauthorized access to computer data, and storage devices, computer crashes, acts of state, governmental, legal, or regulatory actions prohibiting or impeding Smart Bills Entities from performing its respective obligations under the contract.

Dispute, Governing Law & Jurisdiction

This Agreement and the rights and obligations hereunder, and the relations of the parties and all matters arising under or in connection with this Terms of Use, including the construction, validity, performance, or termination thereunder, shall be governed by and construed in accordance with the laws of the Republic of India. Subject to and without prejudice to the amicable settlement, the courts in Bengaluru, Karnataka shall have exclusive jurisdiction to try and adjudicate all matters arising in connection with your use of the Smart Bills Services /PA or other matters covered herein.

Disclaimers

As part of this continual innovation and improvement, we may add or remove features and functionalities, increase, or decrease limits to our Smart Bills Services, start offering new services or stop offering old ones on Smart Bills Platforms. Such offering can also be due to the discontinuation of any service or offering on Smart Bills Platform by third-party service providers or business partners.

Any content downloaded or otherwise obtained through the use of our Platform is done at your own discretion and risk. We cannot confirm that such documents or contents are error or virus-free, and you understand and acknowledge that you are solely responsible for any damage to your devices or loss of data that may result from the download of such content.

Smart Bills and third-party partners make no warranty, express or implied, regarding the quality of Services, including but not limited to:

• The Services will meet your requirements;
• The Services will be uninterrupted, timely, or error-free;
• Any products, information, or material obtained by you in connection with the services will meet your requirements.

Except as expressly provided herein and to the full extent permitted by law, the Smart Bills Services are provided “as is”, “as available” and “with all faults”. All such warranties, representations, conditions, undertakings, and terms, whether express or implied, are hereby excluded. It is your responsibility to evaluate the accuracy, completeness, and usefulness of the Smart Bills Services and other information provided by Smart Bills or generally available. We do not authorize anyone to make any warranty on our behalf, and you should not rely on any such statement.

Dispute Resolution

If you have a dispute with other parties, you release Smart Bills (and our affiliates and officers, directors, agents, and employees thereof) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.