Last updated: November 24, 2025
Please read these terms and conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Users agree to classify all data uploaded, submitted, or processed through Smarter Form in accordance with the Company’s Data Classification Schedule. Users acknowledge that High Risk, Very High Risk, and Critical Risk data categories may only be processed through the Desktop Version of Smarter Form, and must not be uploaded or transmitted through the Cloud (Web) Version of the platform.
The User assumes full responsibility for ensuring that its personnel use the correct platform version according to the applicable classification level.
Misclassification of data, whether intentional, accidental, or due to user negligence, shall be deemed a material breach of these Terms. The User accepts full liability for any resulting regulatory, financial, or operational consequences.
Users agree that the Cloud (Web) Version of Smarter Form is intended only for Low Risk and Medium Risk data. Uploading, transmitting, or storing any High, Very High, or Critical Risk information via the Cloud Version is strictly prohibited and constitutes a breach of these Terms.
Any High, Very High, or Critical Risk data uploaded to the Cloud Version shall be immediately considered unauthorized data and shall not impose any Data Controller or Data Processor obligations on the Company.
Users acknowledge that the Desktop Version of Smarter Form processes and stores all data locally within the User’s device or internal network, and that the Company does not have access to, control over, or responsibility for the data stored or processed within the Desktop Version environment.
The Cloud Version may act as a temporary encrypted transit relay solely for the purpose of delivering Submitter data to the User’s Desktop Version. Such data is automatically and irreversibly deleted immediately after transmission. The Company does not store, retain, index, access, or process such data beyond transient technical transmission necessary to provide the Service. Such temporary technical transmission does not constitute data processing under applicable data protection laws.
Users are solely responsible for:
Ensuring that the classification level of uploaded data is correct;
Ensuring compliance with applicable privacy, financial services, regulatory, and sector-specific requirements;
Maintaining appropriate local security controls when using the Desktop Version.
Users may not:
Upload any data to the Cloud Version that violates the Data Classification Schedule;
Circumvent or attempt to bypass platform restrictions related to data classification;
Use the platform in any manner that exposes the Company to regulatory, financial, or security risk.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
(A) User as Data Controller
For all data submitted, uploaded, processed, or stored using the Smarter Form platform, the User is and shall remain the Data Controller. The User is solely responsible for determining the lawful basis for processing, the correct data classification, and overall compliance with applicable data protection, financial services, and regulatory requirements.
(B) Company as Software Provider Only
Except where expressly stated otherwise, OutSouth Technologies Limited (“the Company”) acts solely as a software provider and does not act as a Data Controller or Data Processor for data handled within the Smarter Form Desktop Version or for any High, Very High, or Critical Risk data categories.
The Company does not access, store, transmit, or retain such data.
The Company has no access to, visibility into, or control over any data processed within the Desktop Version. The Company does not determine the purpose or means of processing such data and therefore shall not be deemed a Data Controller or Data Processor under any applicable data protection laws.
(C) Desktop Version Data Exclusion
All data processed through the Smarter Form Desktop Version remains fully contained within the User’s own device, infrastructure, or internal network.
The Company shall have no liability for:
Local device security failures
Network vulnerabilities within the User’s environment
Unauthorized access caused by User misconfiguration, credential misuse, or inadequate local security practices
Loss, corruption, or deletion of data stored locally by the User
(D) Cloud Version Limitations
The User acknowledges and agrees that:
Only Low Risk and Medium Risk data may be processed through the Cloud (Web) Version.
Uploading High, Very High, or Critical Risk data to the Cloud Version constitutes a breach of the Terms of Use.
The Company shall not be liable for any loss, damage, or regulatory impact arising from the User’s violation of data classification requirements.
(E) Accuracy and Legitimacy of Data
The Company is not responsible for the accuracy, legality, classification, content, or integrity of data submitted by Users.
Users assume full responsibility for ensuring that the data they collect or upload is lawful, accurate, properly classified, and compliant with all applicable regulations.
(F) Indemnification
The User agrees to indemnify and hold harmless the Company, its directors, employees, and affiliates from any claims, damages, penalties, regulatory actions, or losses arising from:
Misclassification of data
Improper use of the Cloud Version for restricted data categories
Non-compliance with legal, regulatory, or industry requirements
User negligence, misuse, or unauthorized third-party access
Breaches occurring within the User’s local systems or internal infrastructure
(G) Limitation of Liability
To the maximum extent permitted by applicable law:
The Company’s liability in relation to platform use is strictly limited to the amount paid by the User for the relevant subscription period.
The Company shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to:
Loss of data
Business interruption
Loss of profits or revenue
Regulatory fines or compliance penalties
Reputational harm
The Company makes no guarantees regarding User compliance, internal security controls, or outcomes derived from the User’s processing of data.
(H) User Responsibility for Regulatory Compliance
Users acknowledge that they operate in regulated industries (including financial, corporate, trust, legal, and compliance sectors) and therefore are solely responsible for ensuring compliance with:
Regulatory (e.g. CIMA) regulations
GDPR or applicable data protection laws
AML/KYC requirements
Any sector-specific obligations in their jurisdiction
The Company provides tools but does not assume compliance obligations on behalf of Users.
(I) Allocation of Responsibility
The User acknowledges and agrees that the Company provides software programs or applications only and does not assume any regulatory, AML/KYC, fiduciary, professional, or statutory obligations associated with the User’s business activities. The User remains solely responsible for ensuring that its use of the Application aligns with all applicable laws, regulations, and industry obligations.
The Company does not act as a Data Controller or Data Processor for any High, Very High, or Critical Risk data, or for any data processed within the Desktop Version.
The Company acts only as a Data Processor for Low and Medium Risk data processed through the Cloud Version, solely to the extent required to host, store, transmit, and maintain such data as part of the Service.
For the avoidance of doubt, the Company:
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time-bombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
The Company does not provide legal, compliance, financial, or regulatory advice. Any tools, workflows, templates, or features provided within the Application are for operational support only and shall not be construed as legal or regulatory guidance.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
Classification Level | Description | Examples | Permitted Platform Usage |
Low Risk | Public or non-sensitive data | Public info, general inquiries | Web (Cloud) Version or Desktop Version |
Medium Risk | Confidential data with minimal impact if disclosed | Contact info, non-sensitive business data | Web (Cloud) Version or Desktop Version |
High Risk | Sensitive data where unauthorized access may cause financial, regulatory, or reputational harm | Banking details, SOF/SOW, beneficial ownership | Desktop Version Only (Not allowed in cloud) |
Very High Risk | Highly sensitive personal or client information | Passport/ID, tax docs, trust deeds, KYC files | Desktop Version Only (Not allowed in cloud) |
Critical Risk | Data that can cause severe harm, identity theft, or major regulatory exposure | Authentication data, biometrics, private keys | Desktop Version Only (Not allowed in cloud) |
