Terms and Conditions

1. Use of the Website

You may use this website for lawful purposes only. You agree not to misuse it, attempt to gain unauthorised access, disrupt its operation, or use it in any way that infringes the rights of others or violates applicable law. We may modify, suspend, or discontinue any part of the website at any time without notice.

2. Software Products

We offer both free applications and commercial software (such as SwiftPack Studio). Your use of each application is governed by the End User License Agreement (EULA) supplied with that application. Free applications are provided at no charge; commercial software is provided on a trial and subscription basis as described in its EULA and on our pricing page. You are responsible for complying with the licensing terms applicable to each product.

3. Application Packaging and Related Services

We provide application packaging, migration, and testing services. The specific scope, deliverables, fees, and timelines for any engagement are set out in the individual quotation or service agreement we provide for that engagement, which forms part of the contract between us. Materials you supply for an engagement are handled as described in our Privacy Policy; you are responsible for ensuring you have the right to share them with us. Unless otherwise agreed in writing, fees are payable as stated in the relevant quotation and are non-refundable except as required by applicable law.

4. Intellectual Property

All software, branding, logos, trademarks, and website content are the property of Smekal Solutions or its licensors unless otherwise stated, and are protected by applicable intellectual property laws. These Terms grant you no ownership of, or rights to, our intellectual property except the limited rights expressly set out in the applicable EULA or service agreement. Third-party components included in or used by our software remain subject to their own licenses.

5. Disclaimer of Warranties

The Offerings are provided "as is" and "as available", without warranty of any kind, whether express, implied, or statutory, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. You are responsible for validating the functionality, suitability, and compatibility of our software and deliverables within your own environment before relying on them.

6. Limitation of Liability

To the maximum extent permitted by law, Smekal Solutions shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, or for loss of profits, data, or business, arising out of or related to the Offerings. Our total aggregate liability arising out of or related to the Offerings shall not exceed the amounts you paid to us for the relevant product or service in the twelve (12) months preceding the claim.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any other liability that may not be excluded by mandatory law.

7. Governing Law and Jurisdiction

These Terms are governed by the laws of India, and the courts of Bengaluru, Karnataka, India shall have exclusive jurisdiction over any dispute arising from or relating to the Offerings, without regard to conflict-of-law principles. This does not deprive you of the protection of any mandatory consumer-protection rights or the jurisdiction of local courts that applicable law in your country of residence grants you and that cannot be waived by agreement.

8. Changes to These Terms

We may update these Terms from time to time. We will revise the "Effective date" above and, for material changes, provide notice. Your continued use of the Offerings after an update constitutes acceptance of the revised Terms.

9. Contact