Terms of Service

1. Introduction

Welcome to Shiksha School Management System ("Shiksha", "we", "us", or "our"), a product of Komplex Studio, a company registered under the laws of India. These Terms of Service ("Terms") govern your access to and use of our cloud-based school management platform, including all related services, features, and applications (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an educational institution or organization, you represent that you have the authority to bind such entity to these Terms.

2. Definitions

• "User" means any individual who accesses or uses the Service, including administrators, teachers, staff, parents, and students.
• "Subscriber" means the educational institution or organization that has subscribed to the Service.
• "Student Data" means personally identifiable information of students collected, stored, or processed through the Service.
• "Content" means any data, information, text, graphics, or other materials uploaded, submitted, or transmitted through the Service.

3. Eligibility

The Service is intended for use by educational institutions, including schools, colleges, and coaching centers operating in India. By using the Service, you confirm that:

• You are at least 18 years of age or have parental/guardian consent
• You have the legal capacity to enter into a binding agreement
• Your institution is a legitimate educational organization
• You will use the Service in compliance with all applicable Indian laws

4. Account Registration and Security

To access the Service, you must create an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breach
• Ensuring that all Users associated with your institution comply with these Terms

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activities.

5. Subscription and Payment Terms

5.1 Pricing and Plans

The Service is offered on a subscription basis with pricing based on the number of students. Current plans include Starter, Professional, and Enterprise tiers. Pricing is subject to change with 30 days' prior notice.

5.2 Payment

All payments are processed securely through Razorpay, a RBI-licensed payment gateway. Subscription fees are billed annually in Indian Rupees (INR). All prices are exclusive of applicable taxes including GST.

5.3 Refund Policy

We offer a 7-day free trial for new subscribers. After the trial period, subscription fees are non-refundable except in cases where the Service is materially unavailable for extended periods due to our fault. Refund requests must be submitted within 30 days of the issue.

6. Permitted Use

You may use the Service only for lawful purposes related to educational administration. You agree NOT to:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Access or attempt to access other users' accounts without authorization
• Interfere with or disrupt the Service or its infrastructure
• Upload malicious code, viruses, or harmful content
• Scrape, crawl, or harvest data from the Service without permission
• Resell, sublicense, or redistribute the Service without written consent
• Use the Service to store or transmit any content that violates third-party rights

7. Data Ownership and Usage

7.1 Your Data

You retain all ownership rights to the data you upload to the Service ("Your Data"). By using the Service, you grant us a limited license to store, process, and display Your Data solely for the purpose of providing the Service.

7.2 Student Data Protection

We are committed to protecting Student Data in compliance with the Digital Personal Data Protection Act, 2023 (DPDP Act) and the Information Technology Act, 2000. We will not sell, share, or use Student Data for advertising or marketing purposes.

7.3 Data Portability

You may export Your Data at any time through the Service's data export features. Upon termination of your subscription, we will provide you reasonable time to export Your Data before deletion.

8. Intellectual Property Rights

The Service, including its software, design, features, and documentation, is owned by Komplex Studio and is protected by intellectual property laws of India. You are granted a limited, non-exclusive, non-transferable license to use the Service during your subscription period.

You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code.

9. Service Availability and Support

9.1 Uptime

We strive to maintain 99.9% uptime for the Service. Scheduled maintenance will be communicated in advance. We are not liable for temporary unavailability due to circumstances beyond our control.

9.2 Support

Technical support is provided based on your subscription plan. Enterprise customers receive dedicated support with priority response times.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• The Service is provided "AS IS" without warranties of any kind
• We shall not be liable for any indirect, incidental, special, or consequential damages
• Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim
• We are not responsible for data loss resulting from your actions or third-party services

11. Indemnification

You agree to indemnify and hold harmless Komplex Studio, its directors, employees, and partners from any claims, damages, losses, or expenses arising from:

• Your violation of these Terms
• Your use or misuse of the Service
• Your violation of any third-party rights
• Any Content uploaded by you to the Service

12. Termination

12.1 By You

You may terminate your subscription at any time by contacting our support team. Termination will be effective at the end of your current billing period.

12.2 By Us

We may suspend or terminate your account immediately if you breach these Terms, fail to pay subscription fees, or engage in activities that harm other users or the Service.

12.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. You will have 30 days to export Your Data. After this period, we may delete Your Data in accordance with our data retention policies.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, with the seat of arbitration in Patna, Bihar, India. The arbitration shall be conducted in English.

13.3 Jurisdiction

Subject to the arbitration clause, the courts of Patna, Bihar, India shall have exclusive jurisdiction over any disputes.

14. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via email or through the Service at least 30 days before taking effect. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

15. Compliance with Indian Laws

The Service is designed to comply with applicable Indian laws and regulations, including:

• Information Technology Act, 2000 and its amendments
• Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011
• Digital Personal Data Protection Act, 2023
• Right to Education Act, 2009 (as applicable)
• Consumer Protection Act, 2019

16. Contact Information

For questions about these Terms or the Service, please contact us:

17. General Provisions

17.1 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

17.2 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Komplex Studio regarding the Service.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.