smartwaLast updated: October 2026
These Terms and Conditions (“Terms”) govern your access to and use of the SmartWA website, dashboard, tracking script, smart links, forms and related services (the “Service”), operated by SmartWA. By creating an account or using the Service you agree to these Terms, the Acceptable Use Policy, the Privacy Policy and the Data Processing Addendum, which form part of them.
1. Who may use the Service
The Service is for businesses and individuals aged 18 or over who can form a binding contract. If you sign up for an organisation, you confirm you may bind it.
2. Accounts
Give accurate information and keep your login secure. You are responsible for all activity under your account, including teammates you invite. Tell us promptly if you suspect unauthorised access.
3. Acceptable use
You must not use the Service to send unsolicited or unlawful WhatsApp messages; to track visitors in breach of privacy law; to disrupt, reverse-engineer or gain unauthorised access to the Service; or to resell it without our written permission. You must not use smart links, the tracking script, the WhatsApp button or forms to direct people to, advertise, promote or facilitate betting, gambling or online money games, adult or sexually explicit content, child sexual abuse material, fraud or scams, or anything else illegal where you or your audience are. The full list is in the Acceptable Use Policy.
4. Plans, trials and billing
New accounts include a free trial as shown at sign-up. After the trial, access needs an active paid plan. Prices, taxes (such as GST where applicable) and the number of websites are shown at checkout. Payments are processed by our payment provider. Cancellation and refunds are covered in our Refund Policy. When a plan expires, tracking and smart links stop working until you renew; we do not delete your data for that reason alone.
5. Your data and your visitors’ data
You own the website, link and form data you collect with the Service. For personal data about your visitors you are the controller (data fiduciary) and we are your processor under the DPA. You are responsible for: lawful grounds for collecting that data; a privacy policy on your website that mentions SmartWA; obtaining consent where the law requires it (the script’s default consent mode and banner help, but do not replace your own legal review); not collecting sensitive data (health, financial credentials, government IDs, children’s data) through the Service; and answering your visitors’ requests. We give you the licence and tools; you decide how to use them.
6. WhatsApp and Meta
SmartWA is independent. It is not affiliated with, endorsed or sponsored by WhatsApp LLC or Meta Platforms, Inc.; WhatsApp is a trademark of its owner. You must follow WhatsApp’s terms and its business and messaging policies, and get any opt-in the law or those policies require before you message people. We never see the content of your WhatsApp conversations.
7. Our role as a redirect and analytics service
SmartWA provides link redirection and website analytics. We only redirect links and measure clicks. We do not create, publish, host, sell, advertise or promote any customer’s website, product, service, message or link, and we do not endorse them. You are solely responsible for your websites, numbers, messages, offers and the content your links lead to.
8. Estimates
Some figures, including message-send probability and “likely sent” counts, are estimates from browser signals. They are not confirmed counts of messages and we do not guarantee their accuracy. Analytics can also be lower than real traffic because visitors decline consent, use privacy signals or block scripts.
9. Suspension, reports and legal requests
We do not monitor customers in advance, but we act when we learn of a violation, whether from a report (see Report abuse), a court order or a government notice. We may suspend or terminate an account, disable links or scripts, and refuse a refund without prior notice if we believe these Terms or the Acceptable Use Policy have been broken. We may keep records and share them with authorities where the law requires or where needed to prevent harm. We act as an intermediary and will follow the takedown and disclosure procedures that apply to us under law (including India’s Information Technology Act, 2000 and rules made under it).
10. Availability and disclaimers
We aim for high availability but do not promise uninterrupted or error-free service. The Service is provided “as is” and “as available”. To the extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.
11. Limitation of liability
To the maximum extent the law allows, SmartWA is not liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue, data or goodwill, and our total liability for any claim relating to the Service is limited to the fees you paid us in the 12 months before the claim arose. Nothing in these Terms limits liability that cannot be limited by law, including for fraud or for death or personal injury caused by negligence, or your statutory consumer rights where they apply.
12. Indemnity
You will defend and reimburse us for claims, losses and costs (including reasonable legal fees) arising from your content, websites, messages, data practices or your breach of these Terms or the law, to the extent the law allows.
13. Termination and your data afterwards
You can stop using the Service at any time. We may terminate for breach or if required by law. After termination, you may ask us to export or delete your data; we will do so within 30 days, except what the law requires us to keep. Raw analytics are in any case deleted automatically under our retention schedule.
14. Changes
We may update these Terms. For material changes we will give notice by email or in the dashboard. Continued use after the change takes effect means you accept the updated Terms; if you do not, you should stop using the Service.
15. Governing law and disputes
These Terms are governed by the laws of India, without regard to conflict-of-law rules. Please first contact us so we can try to resolve a dispute in good faith. If that fails, the competent courts of India have exclusive jurisdiction, except that mandatory consumer-protection rights in your country of residence are not affected.
16. General
These Terms are the whole agreement about the Service. If part of them is unenforceable, the rest stays in force. Not enforcing a right is not a waiver. You may not assign these Terms without our consent; we may assign them to a successor of the business. Neither side is liable for delay caused by events beyond its reasonable control.
17. Contact and grievances
Questions about these Terms: hello@smartwa.link.
Grievance Officer, SmartWA
Email: hello@smartwa.link