Terms & Conditions of Service

SmartWill India (operated by SmartWill Digital Technologies India) provides a technology-assisted digital platform designed to help Indian citizens draft structured, legally formatted Last Will and Testament documents for private, personal use.

Not a Law Firm: SmartWill India is a software platform, not a legal advisory service or advocate firm. Use of our software does not create an attorney-client relationship. If you possess unusually intricate asset structures or active contentious litigation, we advise seeking personalized counsel from a registered High Court advocate.

Under Section 63 of the Indian Succession Act 1925, generating or downloading a digital PDF Will document does not by itself make the Will legally effective. To attain full legal validity in India:

• Physical Printout: The generated PDF must be printed on plain A4 paper (stamp paper is not legally mandatory under Indian law).
• Testator Execution: The testator must physically sign or affix their thumb impression on each page in the presence of witnesses.
• Two Independent Witnesses: At least two (2) adult witnesses must physically observe the testator signing and sign the document themselves in the testator's presence.
• Beneficiary Disqualification: Under Section 67 of the Indian Succession Act 1925, named beneficiaries (or their spouses) must not act as attesting witnesses; doing so invalidates the bequest to that witness.

Services are priced transparently at ₹299 INR (one-time fee) per finalized Will PDF download. There are no recurring subscription charges or hidden renewal fees.

Payment Processing: Transactions are routed securely through authorized RBI-compliant payment aggregator Cashfree Payments India Pvt Ltd.

Refunds & Digital Fulfillment: Due to the immediate fulfillment and irreversible nature of custom-compiled digital documents, fees are strictly non-refundable once the finalized Will PDF has been generated and accessed or downloaded to your device, except in verifiable cases of technical delivery failure or accidental duplicate transaction. Detailed provisions governing disputes are set forth in our dedicated Refund & Cancellation Policy.

SmartWill India operates in strict compliance with the Digital Personal Data Protection Act 2023. Your relationship regarding personal and financial data is governed by the following covenants:

• Purpose Limitation: All personal, asset, and family data collected through the form is processed exclusively to compile your Will document.
• Client-Side Encryption: Unsaved local drafts are scrambled using AES-GCM 256-bit Web Crypto encryption on your local browser.
• Zero Data Brokerage: We never monetize, sell, lease, or trade user data to financial product distributors, insurance brokers, or advertising networks.
• Data Rights: You possess the enforceable right to access, export, or permanently erase your data at any time via the dashboard.
• 72-Hour Breach Notification: Pursuant to Section 8(6) of the DPDP Act 2023, in the event of an unauthorized personal data breach, SmartWill will notify the Data Protection Board of India within 72 hours and inform affected users without undue delay.

Full data practices, storage timelines, and third-party processors are detailed in our Privacy Policy.

SmartWill India automatically formats and generates documents based entirely on information provided by the user. SmartWill accepts no liability for errors, invalidity, or probate challenges resulting from incorrect, fraudulent, or incomplete information supplied by the testator.

To the maximum extent permitted under Indian law, SmartWill India's total aggregate liability arising out of or related to your use of the platform shall not exceed the actual amount paid by you (₹299 INR).

These Terms of Service are governed by and construed in accordance with the substantive laws of the Republic of India.

Any legal dispute, suit, or claim arising out of or in connection with the platform shall be subject to the exclusive jurisdiction of the competent courts situated in Hyderabad, Telangana, India.