These Terms and Conditions (“Terms”) govern your access to and use of the SMARCK hybrid or cloud-based data archiving platform and related products and services (“Services”).
SMARCK is a proprietary software platform owned and operated by Clanomega Solutions Private Limited (“Clanomega”, “Company”, “we”, “us”, or “our”), a company incorporated under the laws of India.
By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization, and references to “you” or “your” shall mean that organization.
If you do not agree to these Terms, you must not use the Services.
We may update these Terms from time to time by posting the revised version on our website or within the SMARCK application.
Continued use of the Services after such updates constitutes acceptance of the revised Terms.
Your use of the Services is subject to our Privacy Policy, which explains how Clanomega collects, uses, and protects information.
The Privacy Policy forms an integral part of these Terms.
You must be at least 18 years of age and legally capable of entering into these Terms.
You agree to provide accurate, complete, and current registration information and to keep such information updated.
Subject to your compliance with these Terms, Clanomega grants you a limited, non-exclusive, non-transferable,
non-assignable license to access and use the SMARCK Services solely for your internal business purposes during the subscription term.
All rights not expressly granted are reserved by Clanomega.
SMARCK, including its software, architecture, workflows, documentation, and all related intellectual property rights, are and shall remain the exclusive property of Clanomega Solutions Private Limited and its subsidiaries.
No rights are granted except as expressly stated.
Clanomega will use commercially reasonable efforts to provide the Services with high availability.
However, the Services may be subject to interruptions due to maintenance, upgrades, or circumstances beyond our control.
Clanomega will inform Customer on a timely basis if and when there is disruption in SMARCK service.
Personal Data may be processed in countries other than your country of residence. Clanomega ensures appropriate safeguards are in place to protect Personal Data in accordance with applicable data protection laws.
Fees are charged in advance based on the selected subscription plan.
All fees are non-refundable unless otherwise agreed in writing.
Fees are exclusive of applicable taxes, which shall be borne by you.
You retain ownership of all data submitted to the Services (“Customer Data”). You grant Clanomega a limited right to process Customer Data solely for providing the Services. Upon termination, Customer Data will be retained for a limited period, after which it may be deleted unless legally required.
Each party agrees to protect the other party’s Confidential Information with reasonable care and to use such information solely for purposes related to these Terms. Confidentiality obligations survive termination for one (1) year.
You are responsible for all activities conducted under your account (cloud or on premise), maintaining the confidentiality of credentials, and complying with applicable laws and regulations.
You shall not misuse the Services, infringe intellectual property rights, introduce malicious software, disrupt system integrity, or attempt to reverse engineer the platform or resell the product.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”.
CLANOMEGA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLANOMEGA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
CLANOMEGA’S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU FOR THE SIX (6) MONTHS PRECEDING THE CLAIM.
The Services may integrate with third-party services. Clanomega is not responsible for third-party content, systems, or practices.
You permit Clanomega to identify you as a SMARCK customer in marketing materials, unless you notify us otherwise in writing.
You may terminate the Services by discontinuing use and providing notice.
Clanomega may suspend or terminate access for breach of these Terms or legal requirements.Accrued payment obligations survive termination.
These Terms shall be governed by and construed in accordance with the laws of India.
The courts of Hyderabad, Telangana shall have exclusive jurisdiction.
For any questions regarding these Terms, contact:
Email:support@smarck.ai
Address:Clanomega Solutions Private Limited Flat No. 202, Everest Block, Aditya Enclave, 7-1-618, Ameerpet, Hyderabad – 500038, India