1. Agreement and parties
These Terms of Service (“Terms”) are a binding electronic agreement between you and Nexaris VR Technologies Private Limited, a company incorporated in India under CIN U62013TS2026PTC219351 and doing business as “SMARA” (“SMARA”, “we”, “us” or “our”). Our registered office is at Plot 17, Andhra Kesari Nagar, Vanasthalipuram, Hyderabad 500070, Telangana, India.
“Service” means SMARA's mobile applications, web applications, public websites, APIs, notifications, support and related school CRM, learning and administration services. “Institution” means the school, trust, society, company or other organisation that authorises your account. “Institution Data” means information submitted to, generated in or made available through the Service for an Institution.
If an Institution has a separate written agreement with SMARA, that agreement controls for the Institution where it conflicts with these Terms. These Terms continue to govern each individual user's conduct and permitted access.
2. Eligibility, authority and accounts
- Adults. You must be at least 18 years old and competent to contract under applicable law to accept these Terms for yourself.
- Students and other minors. A person under 18 may use the Service only through an account authorised by the Institution and with the involvement and verifiable authorisation of a parent or lawful guardian where required. A minor does not independently enter into this contract; the parent or lawful guardian accepts these Terms for the minor and supervises use.
- Staff authority. Teachers, staff, administrators, trustees, vendors and contractors may use the Service only for legitimate Institution duties and within permissions assigned by the Institution.
- Accurate information. You must provide accurate, current information, keep it updated, and not impersonate another person or misstate your relationship to a student or Institution.
- Account security. Credentials, one-time codes and recovery codes are personal and confidential. You must use reasonable device security, log out of shared devices, and notify the Institution and SMARA promptly of suspected unauthorised access.
You are responsible for activity performed through your account except to the extent caused by SMARA's breach of applicable law. We may require identity, guardian, employment or authority verification before creating, restoring, changing or disclosing information about an account.
3. Responsibilities by role
Parents and lawful guardians
You may access only children for whom the Institution has verified your parental or guardian relationship. You must keep family contact details current, protect a child's account, supervise use by a minor, and raise record corrections with the Institution. Access does not transfer educational, safeguarding or legal responsibility from the Institution.
Teachers and school staff
You may use personal and educational information only for assigned professional duties. You must follow Institution policies, protect student confidentiality, avoid downloading records to unmanaged devices unless authorised, verify consequential entries, and report suspected safeguarding, privacy or security incidents immediately through approved channels.
Administrators and authorised management
You must apply least-privilege access, promptly remove access when duties end, maintain accurate role assignments, configure workflows lawfully, and ensure that notices, parental permissions and staff authority required for the Institution's processing are obtained and recorded.
Students
Students must use SMARA only for school-authorised learning and communication, respect others, keep credentials private, and promptly tell a trusted adult about unsafe, abusive or suspicious content or contact.
4. Limited right to use SMARA
Subject to these Terms and the Institution's active subscription, SMARA grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Service solely for authorised school-related purposes. No ownership rights are transferred.
Mobile software is licensed, not sold. You may install it only on devices you own or control, subject to applicable app-store rules. App-store operators are not responsible for SMARA support, content, warranties or claims except where their mandatory terms state otherwise.
5. Acceptable use and prohibited conduct
You must not, and must not help another person to:
- access records, accounts, features or systems beyond your assigned permission or legitimate need;
- share credentials, bypass multi-factor authentication, defeat school isolation, probe security controls, scan, scrape, crawl or test the Service without SMARA's prior written authorisation;
- reverse engineer, decompile, copy, modify, translate, resell, rent or create derivative works from the Service except where law expressly permits and that permission cannot be excluded;
- upload malware, exploit code, unlawful material, misleading records, infringing content, or content that is abusive, sexually exploitative, discriminatory, threatening, harassing or harmful to a child;
- use the Service for surveillance, profiling, targeted advertising to children, academic dishonesty, unauthorised commercial solicitation or any purpose unrelated to the Institution;
- alter attendance, grades, payments, receipts, payroll, permissions, audit records or other official records without authority;
- export, publish or disclose personal, confidential, academic, financial, health, wellbeing or safeguarding information except as authorised by the Institution and law;
- overload, disrupt or interfere with the Service or another user's use; or
- use SMARA in violation of applicable law, board rules, Institution policy, third-party rights or child-safety obligations.
We may preserve evidence and report suspected unlawful activity or threats to a child or person to the Institution, lawful guardian, emergency services, law-enforcement or competent authority where permitted or required by law.
6. Institution Data, user content and privacy
As between SMARA and the Institution, the Institution retains its rights in Institution Data. The Institution authorises SMARA and its contracted service providers to host, copy, transmit, validate, back up, secure, display and otherwise process Institution Data only to provide, maintain, protect and improve the contracted Service, comply with documented lawful instructions, and meet legal obligations.
You retain rights you lawfully hold in content you submit. You grant SMARA a worldwide, non-exclusive, royalty-free licence for the limited duration and purpose necessary to operate the Service for the Institution. You represent that you have authority to submit that content and that doing so does not violate law or another person's rights.
The Institution is generally responsible for the purpose and means of processing school records and for responding to requests concerning those records; SMARA generally acts as its data processor/service provider. SMARA acts directly for information collected through its public website, demo enquiries, support and account-security operations. Details are in our Privacy Notice and any data-processing agreement with the Institution.
Do not submit personal data that the Institution has not authorised or that is unnecessary for the relevant workflow. Do not place passwords, payment credentials, government-portal credentials or unrelated sensitive material in free-text fields, messages or uploads.
7. School communications and electronic records
You agree to receive service, security, academic, attendance, fee, transport, emergency and administrative communications through the app, email, SMS, push notification or other contact details registered with the Institution. Transactional and safety communications may be necessary to provide the Service and are not promotional messages.
Delivery indicators are not a guarantee that a person has read, understood or acted on a communication. The Institution remains responsible for choosing an appropriate channel for emergencies or legally required notices. You should keep contact details and notification permissions current.
Electronic actions, approvals and records made using an authenticated account may be treated as attributable to that account, subject to applicable law and the Institution's approval policies. Report errors or unauthorised actions promptly.
8. Fees, payments and financial records
School fees, concessions, refunds, instalments, penalties and other charges are determined by the Institution, not SMARA. SMARA may display amounts, generate receipts and connect to third-party payment providers, but does not independently decide what a user owes.
Payment processing may be governed by the payment provider's terms and privacy notice. SMARA does not require you to share a card PIN, UPI PIN, banking password or one-time payment code with SMARA staff or school staff. A pending or failed status is not proof of payment. The Institution's verified ledger and payment-provider confirmation control, subject to applicable law.
Disputes about the amount, concession, refund or allocation of a school fee must be raised with the Institution. Disputes about an unauthorised banking transaction should also be raised promptly with the bank or payment provider.
9. Analytics, automated signals and AI-assisted features
SMARA may provide summaries, trends, risk indicators, recommendations, generated text or other automated outputs based on records available to your authorised role. These outputs are decision-support tools, may be incomplete or incorrect, and are not a substitute for professional judgment, direct review of source records, counselling, medical advice, legal advice or a safeguarding assessment.
Users must verify material outputs before relying on them. Institutions and authorised professionals remain responsible for academic, disciplinary, employment, financial, health, wellbeing and safeguarding decisions. No solely automated output should be used to make a materially adverse decision about a student, parent or staff member without meaningful human review and any process required by law or Institution policy.
10. Devices, integrations and third-party services
The Service may interact with payment gateways, messaging providers, cloud hosting, video services, biometric or attendance devices, GPS or transport systems, identity services and school-selected integrations. Availability and accuracy may depend on those systems, device permissions, internet connectivity and data supplied by the Institution.
Third-party services may have separate terms and privacy notices. SMARA is not responsible for a third party's independent service, content or acts, but this does not limit responsibilities that cannot lawfully be excluded or SMARA's obligations regarding processors it appoints.
11. Intellectual property and feedback
SMARA and its licensors own the Service, software, visual design, documentation, trademarks, logos, workflows, compilations and all related intellectual-property rights, excluding Institution Data and user content. No right to use SMARA branding is granted without prior written permission.
If you voluntarily provide suggestions or feedback, you permit SMARA to use it without restriction or payment, provided we do not identify you publicly without permission. This does not transfer ownership of your confidential Institution Data.
12. Availability, changes, suspension and termination
We aim to provide a reliable Service but do not promise uninterrupted or error-free operation. Maintenance, security incidents, network failures, third-party outages, force majeure, Institution configuration or legal requirements may affect availability. We may issue updates, require supported app versions, change features, or discontinue features with reasonable notice where practicable.
The Institution may change or end your access at any time. SMARA may restrict, suspend or terminate access immediately where reasonably necessary to address a security risk, suspected unlawful conduct, prohibited use, non-payment by the Institution, breach of these Terms, legal request, harm to another person, or risk to the Service. Where appropriate, we will notify the Institution or affected user and allow a reasonable opportunity to respond.
On termination, your licence ends. The Institution may request export or deletion according to its agreement with SMARA and applicable retention duties. Provisions that by their nature should survive—including ownership, confidentiality, disclaimers, liability, indemnity and dispute provisions—will survive.
13. Disclaimers
To the maximum extent permitted by law, the Service is provided “as is” and “as available”. SMARA disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement and uninterrupted availability. We do not warrant that Institution-supplied data is complete or accurate, that every alert will be delivered, or that the Service alone satisfies every legal, board, accounting, educational, employment or safeguarding obligation of an Institution.
Nothing in these Terms excludes any guarantee, remedy or right that cannot lawfully be excluded, including applicable rights under consumer-protection and data-protection law.
14. Limitation of liability
To the maximum extent permitted by law, SMARA and its affiliates, personnel and licensors will not be liable for indirect, incidental, special, exemplary, punitive or consequential loss, or for loss of profits, goodwill, opportunity or data, arising from the Service, even if advised that such loss was possible.
For claims arising from an Institution's paid use, SMARA's aggregate liability will not exceed the fees actually paid to SMARA by that Institution for the Service during the 12 months immediately preceding the event giving rise to the claim. For a user's free access where no fee was paid to SMARA for that user, aggregate liability will not exceed ₹1,000.
These exclusions and caps do not apply to fraud, wilful misconduct, death or personal injury caused by negligence, breach of confidentiality or data-protection duties where liability cannot lawfully be limited, infringement indemnities expressly agreed in a signed contract, or any other liability that applicable law does not permit the parties to exclude or limit.
15. Indemnity
To the extent permitted by law, you will defend, indemnify and hold harmless SMARA and its affiliates and personnel from third-party claims, losses, penalties and reasonable costs arising from your intentional or unlawful misuse of the Service, unauthorised disclosure of another person's data, infringement by content you submit, or material breach of these Terms. This obligation does not apply to the extent a claim was caused by SMARA's breach, negligence or wilful misconduct, and it does not reduce mandatory consumer rights.
16. Changes to these Terms
We may update these Terms for legal, security, operational or product reasons. We will post the updated version with its effective date and, for material changes, provide reasonable advance notice through the Service, email or the Institution where practicable. Changes do not apply retroactively. Continued use after the effective date constitutes acceptance where permitted by law; if you do not accept a material change, stop using the Service and ask the Institution to close or disable your access.
17. Governing law, grievances and disputes
These Terms are governed by the laws of India, without regard to conflict-of-law principles. Before commencing formal proceedings, the parties will attempt in good faith for 30 days to resolve the dispute after written notice describing the issue and requested remedy.
Subject to mandatory consumer jurisdiction and other rights that cannot be waived, a dispute not resolved informally will be referred to arbitration under the Arbitration and Conciliation Act, 1996. The parties will mutually appoint one arbitrator. The seat and venue will be Hyderabad, Telangana, the language will be English, and either party may seek urgent interim relief from a court of competent jurisdiction. If arbitration does not lawfully apply, courts at Hyderabad, Telangana will have jurisdiction, subject to mandatory law.
Privacy grievances may be sent to Contact@smaracrm.in. Please identify your Institution and account contact, describe the issue, and do not email passwords or one-time codes. You may also use remedies available from a competent statutory authority after first giving us a reasonable opportunity to address the grievance where applicable.
18. General terms
These Terms, the Privacy Notice and any applicable written Institution agreement are the entire agreement on their subject matter. If a provision is unenforceable, it will be limited to the minimum extent necessary and the rest will remain effective. A failure to enforce a provision is not a waiver. You may not assign these Terms or your account; SMARA may assign them as part of a merger, reorganisation, financing or transfer of the relevant business, subject to applicable law and continued protection of personal data.
Headings are for convenience. “Including” means “including without limitation”. English is the controlling version unless applicable law requires otherwise. Nothing creates employment, partnership, agency or fiduciary relationship between you and SMARA.
19. Contact and legal notices
Nexaris VR Technologies Private Limited
SMARA
CIN: U62013TS2026PTC219351
Plot 17, Andhra Kesari Nagar
Vanasthalipuram, Hyderabad 500070
Telangana, India
Email: Contact@smaracrm.in
Telephone: +91 94417 47395
Legal notices should be sent by email with the subject “Legal Notice” and by a trackable physical-delivery method to the address above. Notices to you may be delivered to your registered contact details or through the Service.