SmartInvest — Terms of Service
Last updated: 19 September 2026 Effective date: 19 September 2026
These Terms of Service ("Terms") are a legally binding agreement between you ("you", "your", "User", "Investor") and Ankura Assets LLP (LLPIN: ABA-1446), a limited liability partnership registered under the Limited Liability Partnership Act, 2008 on 6 January 2022, with its registered office at No. 581, 2nd Floor, 23rd 'A' Main, 21st Cross, Sector 2, HSR Layout, Bengaluru – 560102, Karnataka, India, operating the SmartInvest platform (referred to in these Terms as "SmartInvest", "we", "us", "our").
They are published in accordance with Rule 3(1) of the Information Technology (Intermediary
Guidelines and Digital Media Ethics Code) Rules, 2021, and govern your access to and use of the
SmartInvest website at https://smartinvest.co.in/, and any related sub-domains, applications, and
services (together, the "Platform").
Your Privacy Policy and Risk Disclosure Statement are incorporated into these Terms by reference.
IMPORTANT NOTICE SmartInvest is a technology platform and facilitator only. We are generally not the owner, developer, issuer, borrower, guarantor, or counterparty of the Opportunities listed here. When you invest, your Transaction Documents are with the identified Holding Vehicle for that Opportunity — not with SmartInvest. Investing involves risk, including possible loss of your entire invested amount, and no return is assured or guaranteed unless expressly stated in legally binding documentation. Read the opportunity-specific documents and the Risk Disclosure Statement carefully, and consider independent professional advice, before investing.
1. Acceptance of these Terms
1.1 By accessing or using the Platform, creating an account, or expressing interest in any opportunity listed on the Platform, you confirm that you have read, understood and agree to be bound by these Terms, the Privacy Policy and the Risk Disclosure Statement. If you do not agree, do not use the Platform.
1.2 You must accept these Terms on your own behalf. You may not accept them on behalf of another person unless you are duly authorised to do so and can produce evidence of that authority on request.
1.3 We may change these Terms from time to time under Section 19. Your continued use of the Platform after a change takes effect means you accept the revised Terms.
2. Definitions
- "Opportunity" — a real-estate investment opportunity listed on the Platform, together with the property, its sponsor or seller, the holding vehicle, and the associated Transaction Documents.
- "Holding Vehicle" — the legal structure through which an Opportunity is held, which may be a special purpose vehicle incorporated as a private limited company ("SPV"), a limited liability partnership ("LLP"), or a group of co-owners holding the property under a registered co-ownership arrangement.
- "Investment" — your subscription to, or acquisition of, securities or interests in a Holding Vehicle, or an undivided ownership share in a property, in connection with an Opportunity.
- "Transaction Documents" — the agreements specific to an Opportunity that actually govern an Investment, which may include a share subscription agreement, shareholders' agreement, debenture or CCD deed, LLP agreement, co-ownership agreement, sale deed, power of attorney, property management agreement, and any disclosure or information memorandum.
- "Expression of Interest" — a non-binding indication, submitted through the Platform, that you wish to be considered for an Investment in an Opportunity.
- "KYC" — the identity-verification process described in Section 9.
3. Eligibility
3.1 To use the Platform and to make an Investment, you must:
(a) be an individual who is at least 18 years old and a resident citizen of India as determined under applicable law; (b) be competent to contract under the Indian Contract Act, 1872; (c) not be a person barred from receiving services under the laws of India, including any person on a sanctions or debarment list; and (d) complete KYC to our satisfaction.
3.2 Non-resident Indians, foreign nationals and foreign entities are not permitted to make Investments through the Platform at this time. If your residency status changes after you register, you must notify us promptly. This restriction is consistent with exchange-control law: under the Foreign Exchange Management Act, 1999 and the rules made under it, most non-residents — and, in particular, citizens or residents of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal, Bhutan, Hong Kong, Macau or the DPRK, regardless of residential status — may not acquire or transfer immovable property in India other than by inheritance or lease not exceeding five years, without prior RBI permission; Overseas Citizens of India are an exception. SmartInvest may explore alternative ways for non-resident investors to invest in the future. Until any such option is introduced, this Section 3.2 restriction applies without exception.
3.3 Investments through the Platform may be offered only to a limited number of identified persons by private arrangement. Nothing on the Platform is an offer or invitation to the public.
3.3A International use. The Platform is controlled, operated and administered by SmartInvest from India. We make no representation that the Platform, or any Opportunity on it, is appropriate, available, or lawful for use outside India. Access to the Platform from a jurisdiction where its content is illegal or restricted is prohibited; if you access it from outside India, you do so on your own initiative and are responsible for compliance with local law. This does not affect the residency-based restriction in Section 3.2.
3.4 We may refuse, suspend or withdraw access to the Platform, or decline any Expression of Interest or Investment, at our discretion, including where we are unable to verify your identity or source of funds.
4. What SmartInvest is — and what it is not
4.1 SmartInvest is a technology platform and facilitator only. We provide software that lets Users discover Opportunities, submit Expressions of Interest, complete KYC, and track the status of their Investments. We help coordinate the offline steps involved in an Investment.
4.2 SmartInvest is not, and does not act as:
(a) an investment adviser, research analyst, portfolio manager or financial planner; (b) a stock broker, sub-broker, merchant banker, or dealer in securities; (c) a stock exchange, a recognised trading venue, or an online bond-platform provider; (d) a real-estate agent or broker; (e) a bank, non-banking financial company, deposit-taker, or payment system operator; (f) a trustee, custodian, or escrow agent; or (g) the issuer, sponsor, promoter, or manager of any Opportunity or Holding Vehicle.
4.3 SmartInvest is not registered with the Securities and Exchange Board of India (SEBI), the Reserve Bank of India (RBI), or any other financial-sector regulator, and no such regulator has reviewed, approved or endorsed the Platform or any Opportunity. The Opportunities listed are not units of a REIT or Small and Medium REIT, are not listed or publicly traded, and are not covered by any investor-protection or deposit-insurance scheme.
4.4 For any Investment, your counterparty is the relevant Holding Vehicle, its sponsor or seller, and/or your co-investors — not SmartInvest. SmartInvest is not a party to the Transaction Documents unless a Transaction Document expressly says so.
4.5 We do not custody your money or securities. Investment funds move directly between you and the recipient identified in the Transaction Documents, through your own bank account.
5. No advice; independent due diligence
5.1 Nothing on the Platform — including any listing, financial projection, expected yield, internal rate of return, valuation, comparison, illustration, calculator output, blog post, FAQ, or communication from our team — is investment, legal, tax, accounting or financial advice, a recommendation, or an assurance that any Investment is suitable for you.
5.2 Information about an Opportunity is provided in summary form for convenience. It may be incomplete, may rely on third-party sources we have not independently verified, and may change. Certain information on the Platform may constitute "forward-looking statements" — identifiable by words such as "may", "will", "should", "expect", "anticipate", "target", "project", "estimate", "intend", "continue", "believe", or their negatives — which are based on assumptions and are subject to risks and uncertainties; actual events, results or performance may differ materially from what is contemplated in such statements, and you should not rely on them. Past performance and illustrative or projected returns are not a guarantee or indication of future results.
5.3 You are solely responsible for your investment decisions. Before making any Investment you should read all Transaction Documents in full and obtain independent advice from your own legal, tax and financial advisers. By making an Investment you confirm that you have done so, or have knowingly chosen not to, and that you are not relying on SmartInvest or any person other than the relevant Holding Vehicle and its sponsor, seller or manager as the issuer of that Investment.
6. How Opportunities and Investments work
6.1 Browsing and Expression of Interest. You may browse Opportunities and submit an Expression of Interest specifying an indicative amount. An Expression of Interest is not binding on you or on us, creates no obligation to invest or to allocate, and may be withdrawn by you at any time before you sign the Transaction Documents.
6.2 Offline process. After you submit an Expression of Interest, our team may contact you to discuss the Opportunity, confirm your KYC, share the Transaction Documents, and provide bank details for the transfer of funds. We provide bank details, and you transfer funds, only once the transaction is confirmed to proceed — no funds are collected on a speculative or pre-close basis. The Platform does not process payments. All money movement happens offline, by bank transfer, between you and the recipient named in the Transaction Documents.
6.3 Allocation and completion. An Investment is made only when you have signed the applicable Transaction Documents and the transaction has closed in accordance with their terms. We do not guarantee that any Opportunity will proceed, that you will be allocated the amount you indicated, or that an Opportunity will not be withdrawn, re-priced, delayed or cancelled.
6.5 What you hold. Depending on the Opportunity, an Investment may take the form of:
(a) equity shares and/or compulsorily convertible debentures in an SPV; (b) a partnership interest and/or loan units in an LLP; or (c) an undivided co-ownership share in a property, registered in your name or held on your behalf under the co-ownership arrangement.
The specific structure, your rights, the fees payable to the Holding Vehicle or its manager, the distribution mechanics, and the transfer and exit restrictions are set out in the Transaction Documents for that Opportunity.
6.6 Transaction Documents prevail. These Terms govern your use of the Platform. Each Investment is governed by its own Transaction Documents. If there is any conflict between these Terms and a Transaction Document in relation to an Investment, the Transaction Document prevails.
6.7 Illiquidity, lock-in and exit. Real-estate Investments of this kind are illiquid and intended to be held for the medium to long term. An Opportunity may impose a minimum holding period. There is no assured or guaranteed exit. Selling or transferring your Investment may require the consent of the Holding Vehicle, its manager, or a specified majority of co-investors, may only be possible at a price a buyer is willing to pay, and may not be possible at all within your desired timeframe. SmartInvest does not operate a secondary market and does not undertake to find a buyer for your Investment.
6.7A Status tracking. The Platform may show the status of your Expression of Interest and Investment (for example: interest submitted, under review, team contacting you, awaiting payment, payment received, invested, closed). These labels are provided for your convenience only. They are updated manually, may lag the true position, and do not themselves create, evidence or vary any legal right. The Transaction Documents and the records of the Holding Vehicle are authoritative.
6.8 Limit on number of investors. To ensure each Opportunity remains a private placement and does not require the prospectus, listing or other public-offer compliances applicable under the Companies Act, 2013, no single Opportunity will be offered or allotted to more than 180 investors in any financial year. If an Opportunity is at or near this limit, we may close it to further Expressions of Interest, scale down allocations, or decline an Expression of Interest, at our discretion, regardless of when it was submitted.
7. Risk disclosure
7.1 Investing in real estate through Holding Vehicles involves significant risk, including the possible loss of your entire invested amount. Risks include, without limitation: market and economic risk; property-specific and performance risk; illiquidity and the absence of an assured exit; valuation risk; concentration risk; tenancy, vacancy and rent-default risk; construction, completion and developer risk; title, legal and regulatory risk; risk relating to the Holding Vehicle, its manager or co-investors; tax-law changes; and force majeure events.
7.2 The Risk Disclosure Statement at /risk-disclosure describes these risks in more
detail and forms part of these Terms. You must read it before you register and before you make any
Investment. By registering you confirm that you have read and understood it.
7.3 Investments made through the Platform are not bank deposits, are not insured or guaranteed by SmartInvest or by any government agency, and may lose value.
8. Fees and costs
8.1 SmartInvest currently charges Users no fee for accessing or using the Platform or for submitting an Expression of Interest.
8.2 We may introduce fees in the future. If we do, we will give you clear prior notice and the fees will not apply to an Investment you have already committed to under signed Transaction Documents.
8.3 SmartInvest may receive fees or other compensation from the sponsor, seller or manager of an Opportunity, or from a Holding Vehicle, in connection with listing or facilitating that Opportunity. This is a potential conflict of interest and does not change the nature of an Opportunity or reduce the amounts payable by, or returns available to, you.
8.4 You are responsible for all costs and taxes arising from an Investment, including stamp duty, registration charges, goods-and-services tax where applicable, bank and remittance charges, tax deducted at source, capital-gains tax, and the fees of your own advisers.
9. KYC, anti-money-laundering and source of funds
9.1 You must complete identity verification ("KYC") before making an Investment. KYC currently requires a valid PAN and Aadhaar, and may require additional documents or information.
9.2 You represent that all KYC information you provide is true, current and complete, that the identity documents are your own and genuine, and that the funds you use for an Investment are from lawful sources and are not the proceeds of crime.
9.3 We, and the Holding Vehicles, are required to comply with the Prevention of Money-Laundering Act, 2002 and related rules. We may verify your information against third-party and government databases, decline or delay a transaction, freeze account activity, and report to the authorities, where required by law or where we reasonably suspect fraud, money laundering, or sanctions evasion. We may be unable to tell you when we have made such a report.
9.4 KYC documents are stored in a private, encrypted-at-rest (S3 default encryption) AWS S3 bucket
in India (ap-south-1), not on the application server, with retention as described in the Privacy
Policy.
10. Your account
10.1 You must provide accurate, current and complete information when you register and keep it updated. We may refuse a registration or reclaim a username at our discretion.
10.2 You are responsible for keeping your login credentials confidential and for all activity under
your account. Notify us immediately at support@smartinvest.co.in if you suspect unauthorised access. We are not liable for loss arising
from unauthorised use of your account that results from your failure to keep your credentials
secure.
10.3 One person may hold only one account. You may not share your account, or create an account using another person's identity or a false identity.
10.4 Certain identity details (such as your name, PAN and Aadhaar) may become locked and non-editable once you have an Investment recorded against your account, to preserve the integrity of the Transaction Documents. Changes after that point require contacting us and may require fresh documentation.
10.5 Death or incapacity. On your death or legal incapacity, any nominee validly appointed by you under the applicable Transaction Documents (or, if none, your legal heirs or representatives) will be recognised in respect of your Investment, subject to the succession, nomination and transfer provisions of those Transaction Documents and of the Holding Vehicle's constitutional documents, and on production of the documentation we or the Holding Vehicle reasonably require.
11. Acceptable use
11.1 You agree not to:
(a) use the Platform for any unlawful purpose or in breach of these Terms; (b) provide false, misleading or fraudulent information; (c) impersonate any person or misrepresent your affiliation with any person; (d) access or attempt to access another User's account or data; (e) probe, scan, or test the vulnerability of the Platform, or breach or circumvent any security or authentication measure; (f) introduce malware, or interfere with or disrupt the Platform or its infrastructure; (g) scrape, harvest, or systematically extract data from the Platform, or use bots or automated means, except for search-engine indexing with our prior written consent; (h) copy, reproduce, republish, or resell any part of the Platform or its content except as expressly permitted; or (i) use the Platform to develop a competing product or service.
11.2 We may investigate suspected breaches and cooperate with law-enforcement authorities. Breach of this Section may result in suspension or termination under Section 18 and may be a criminal offence.
12. Communications and consent
12.1 By registering, you consent to receive communications from SmartInvest and its authorised representatives relating to your account, KYC, Expressions of Interest, Investments, and the Platform, by email, SMS, telephone call, WhatsApp, and in-app or push notification.
12.2 These communications are necessary for providing the service and, together with transactional messages, may be sent to you even if your number is registered on the National Do Not Call / Do Not Disturb registry. You authorise us and our representatives to contact you on that basis.
12.3 You may opt out of purely promotional messages by using the unsubscribe mechanism provided or by contacting us. You cannot opt out of service and transactional communications while you hold an account or an Investment.
12.4 You agree that electronic communications, notices and records satisfy any legal requirement that such communication be in writing.
13. Intellectual property
13.1 The Platform, and all software, text, graphics, logos, designs, and other content we provide (excluding your content and third-party content), are owned by SmartInvest or its licensors and are protected by intellectual-property laws.
13.2 We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your own personal, non-commercial use in accordance with these Terms. All rights not expressly granted are reserved.
13.3 If you send us feedback or suggestions, we may use them without restriction or obligation to you.
14. Third-party content and links
14.1 The Platform may contain information from, or links to, third parties. We do not endorse and are not responsible for third-party content, products, services, or websites, or for the accuracy of information supplied by sponsors, sellers, valuers, or other third parties in relation to an Opportunity.
15. Disclaimers
15.1 To the maximum extent permitted by law, the Platform and all content and services are provided "as is" and "as available", with all faults, and without warranty of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, or uninterrupted or error-free operation.
15.2 We do not warrant that the Platform will always be available, that defects will be corrected, that status information is accurate or timely, or that the Platform is free of malware.
15.3 Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable Indian law, including liability for fraud or for death or personal injury caused by negligence.
16. Limitation of liability
16.1 To the maximum extent permitted by law, SmartInvest and its partners, designated partners, employees, and agents will not be liable for:
(a) any loss of profits, revenue, business, opportunity, goodwill, or anticipated savings; (b) any loss in the value of, or failure to realise, any Investment; (c) any act or omission of a Holding Vehicle, sponsor, seller, manager, co-investor, valuer, bank, or other third party; (d) any decline, delay, withdrawal, re-pricing or failure to complete of an Opportunity; or (e) any indirect, incidental, special, consequential, punitive or exemplary damages,
arising out of or in connection with the Platform or these Terms, whether in contract, tort (including negligence), or otherwise, and whether or not foreseeable or advised of the possibility.
16.2 To the maximum extent permitted by law, the total aggregate liability of SmartInvest arising out of or in connection with the Platform and these Terms will not exceed the greater of (a) the amount you have invested through the Platform giving rise to the claim, or (b) ₹1,00,000 (Rupees One Lakh).
16.3 The allocations of risk in this Section and in Sections 4, 5, 6 and 15 are a fundamental basis of the bargain between you and SmartInvest, and reflect that SmartInvest is a facilitator that charges Users no fee.
17. Indemnification
17.1 You agree to indemnify and hold harmless SmartInvest and its partners, designated partners, employees, and agents from and against any claim, demand, loss, liability, cost or expense (including reasonable legal fees) arising out of or in connection with: (a) your breach of these Terms, the Privacy Policy, or the Risk Disclosure Statement; (b) your breach of any law or of the rights of any third party; (c) any information you provide being false or misleading; or (d) any Transaction Document you enter into.
18. Suspension and termination
18.1 You may stop using the Platform and ask us to close your account at any time. Closing your account does not affect any Investment you hold or any Transaction Document you have signed, which continue to be governed by their own terms.
18.2 We may suspend or terminate your access to the Platform, with or without notice, if: (a) you breach these Terms; (b) we are required to do so by law or by a regulator; (c) we reasonably suspect fraud, money laundering, or misuse; (d) your eligibility under Section 3 ceases; or (e) we discontinue the Platform.
18.3 Sections that by their nature should survive termination — including Sections 4, 5, 6.6, 15, 16, 17, 20, 21 and 22 — survive termination.
19. Changes to these Terms
19.1 We may amend these Terms from time to time. We will post the revised Terms on the Platform and update the "Last updated" date. For material changes we will take reasonable steps to notify registered Users, such as by email or an in-app notice.
19.2 Changes take effect when posted, or on the later date we specify. If you do not agree to a change, you must stop using the Platform. Changes do not retrospectively alter the terms of an Investment you have already committed to under signed Transaction Documents.
20. Governing law and dispute resolution
20.1 These Terms and any dispute arising out of or in connection with them or the Platform (including non-contractual disputes) are governed by the laws of India.
20.2 The parties will first attempt to resolve any dispute amicably. Either party may start this process by written notice to the other; if the dispute is not resolved within 30 days, it will be referred to arbitration under Section 20.3.
20.3 The dispute will be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator mutually appointed by the parties. The seat and venue of arbitration will be Bengaluru, Karnataka, and the language will be English. The arbitral award is final and binding.
20.4 Subject to the arbitration agreement, the courts at Bengaluru, Karnataka have exclusive jurisdiction, and you waive any objection to that jurisdiction on grounds of venue or inconvenient forum.
20.5 Nothing in this Section prevents either party from seeking urgent interim relief from a court of competent jurisdiction.
21. Grievance redressal
21.1 In accordance with the Information Technology Act, 2000 and the rules made under it, the Grievance Officer for the Platform is:
- Name: Compliance Team, Ankura Assets LLP
- Email:
grievance@smartinvest.co.in - Address: No. 581, 2nd Floor, 23rd 'A' Main, 21st Cross, Sector 2, HSR Layout, Bengaluru – 560102, Karnataka, India
21.2 You may contact the Grievance Officer with any complaint about the Platform, about content, or about a possible breach of these Terms. We will acknowledge your complaint within 48 hours and endeavour to resolve it within 30 days.
21.3 Complaints about an Investment or a Holding Vehicle are governed by the grievance mechanism in the relevant Transaction Documents.
22. General
22.1 Entire agreement. These Terms, the Privacy Policy and the Risk Disclosure Statement are the entire agreement between you and SmartInvest regarding the Platform, and supersede any prior understanding on that subject. The Transaction Documents are the entire agreement regarding an Investment.
22.2 Assignment. You may not assign or transfer your rights or obligations under these Terms. We may assign ours to an affiliate or in connection with a merger, acquisition or sale of assets, on notice to you.
22.3 Severability. If any provision is held to be invalid or unenforceable, it will be modified to the minimum extent necessary, or severed, and the remaining provisions continue in force.
22.4 Waiver. A failure or delay in enforcing any provision is not a waiver of it.
22.5 No partnership. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and SmartInvest.
22.6 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including natural disasters, epidemics, war, civil unrest, strikes, failures of telecommunications or internet infrastructure, changes in law, or actions of government.
22.7 Notices. We may give you notice by email to your registered address, by an in-app message,
or by posting on the Platform. You must send notices to us at support@smartinvest.co.in and, where these Terms require written notice, also
by post to the registered office.
22.8 Language. These Terms are in English, which is the governing language of the agreement.
23. Contact
Ankura Assets LLP (operating the SmartInvest Platform)
No. 581, 2nd Floor, 23rd 'A' Main, 21st Cross, Sector 2, HSR Layout, Bengaluru – 560102, Karnataka,
India
General: support@smartinvest.co.in
Grievance Officer: grievance@smartinvest.co.in