Terms of Service
Effective date: 30 October 2026
These Terms of Service ("Terms") govern access to and use of the EduSphere school-management software-as-a-service platform ("EduSphere", the "Platform", the "Service"), operated by Avnish Kumar, trading as EduSphere, an individual sole proprietor resident in India, with the principal place of business at A.K Library, Shamli Road, Baghra, District Muzaffarnagar, Uttar Pradesh 251306 ("EduSphere", "we", "us", "our").
EduSphere is a business-to-business ("B2B") service. Our customers are schools and other educational institutions that subscribe to the Platform ("School", "Customer", "you", "your"). The Platform is a multi-tenant school enterprise-resource-planning (ERP) system used to manage students, parents, staff, academics, attendance, communications, fee collection and related school operations.
1. Acceptance of Terms
1.1 By registering for, accessing or using the Service — including during any free trial — you agree to be bound by these Terms, the Data Processing Agreement, the Privacy Policy and the Refund Policy, each of which is incorporated into these Terms by reference.
1.2 The individual who accepts these Terms on behalf of a School represents and warrants that they are authorised to bind that School. If you do not have such authority, or if you do not agree with these Terms, you must not access or use the Service.
1.3 If there is a signed master subscription agreement or order form between you and EduSphere, the terms of that signed agreement prevail over these Terms to the extent of any conflict.
2. Definitions
In these Terms, unless the context requires otherwise:
2.1 "Account" means the School's registered tenant account on the Platform.
2.2 "Applicable Law" means all laws, regulations and rules of India that apply to a party's performance under these Terms, including the Digital Personal Data Protection Act, 2023 ("DPDP Act") and the rules made under it, once and to the extent in force.
2.3 "Authorised Users" means the individuals the School permits to use the Service under its Account — for example school administrators, teachers, non-teaching staff, and (where the School enables such access) students and parents.
2.4 "Children's Data" means Personal Data relating to a child, meaning an individual who has not completed eighteen (18) years of age.
2.5 "Customer Data" means all data, content and information that the School or its Authorised Users upload to, submit to, or generate within the Platform, including data about students, parents/guardians and staff, academic records, attendance, communications and fee-collection records.
2.6 "Data Processing Agreement" or "DPA" means the EduSphere Data Processing Agreement (DATA-PROCESSING-AGREEMENT.md), which sets out the terms on which EduSphere processes Personal Data on the School's behalf.
2.7 "Personal Data" means any data about an individual who is identifiable by or in relation to such data.
2.8 "Privacy Policy" means the EduSphere Privacy Policy (PRIVACY-POLICY.md).
2.9 "Refund Policy" means the EduSphere Refund Policy (REFUND-POLICY.md).
2.10 "Subscription" means the School's paid or trial right to access the Service for a defined term and plan.
2.11 "Subscription Term" means the period during which the School is entitled to use the Service under its chosen plan.
3. Eligibility, Account Registration and Account Security
3.1 Eligibility. The Service is intended for use by schools and other educational institutions, and by their Authorised Users acting on the School's behalf. By registering, you confirm that the School is a lawfully established entity and that you are authorised to act for it.
3.2 Registration. To use the Service you must create an Account and provide accurate, current and complete registration information. You agree to keep this information up to date.
3.3 Account security. You are responsible for: (a) configuring and safeguarding login credentials for the Account and all Authorised Users; (b) all activity that occurs under the Account, whether or not authorised by you; (c) promptly notifying us at support@edusphere.org.in of any known or suspected unauthorised access, credential compromise or security incident affecting the Account.
3.4 You must not share credentials except as necessary to administer the Account, and you must enforce reasonable password and access-control practices among your Authorised Users.
4. Subscription, Free Trial and Plan Changes
4.1 Subscription. The Service is provided on a subscription basis for the plan and Subscription Term you select at sign-up or on an order form. Features, usage limits and pricing depend on the chosen plan.
4.2 Free trial. We may offer a free trial for a limited period. During the trial you may access the Service subject to any trial limits we specify. We may modify or discontinue a trial at any time. Unless you purchase a paid Subscription before the trial ends, your access may be suspended and, subject to Section 15, your Customer Data may later be deleted.
4.3 Trial data. Customer Data you enter during a trial is treated the same way as data in a paid Subscription for privacy and security purposes, but we do not warrant continued availability of trial data after the trial ends.
4.4 Plan changes. You may request to upgrade, downgrade or change your plan. Upgrades take effect as described at the point of purchase; downgrades and cancellations take effect at the end of the then-current billing cycle unless we state otherwise. Fee adjustments for plan changes are governed by Section 8 and the Refund Policy.
4.5 Auto-renewal. Unless stated otherwise on your order form, Subscriptions may renew automatically for successive terms. We will make renewal and cancellation controls reasonably available to you. Cancellation and refund rights are set out in Section 8 and the Refund Policy.
5. Acceptable Use / Prohibited Uses
5.1 You may use the Service only for your lawful internal educational and administrative purposes and in accordance with these Terms.
5.2 You must not, and must not permit any Authorised User or third party to: (a) use the Service in violation of Applicable Law or any third party's rights; (b) upload or transmit unlawful, infringing, defamatory, obscene or harmful content; (c) upload malware or any code intended to disrupt, damage or gain unauthorised access to any system; (d) attempt to breach, probe or circumvent the Platform's security, authentication or tenant-isolation controls, or to access another tenant's data; (e) reverse engineer, decompile or disassemble the Platform, except to the extent this restriction is prohibited by Applicable Law; (f) resell, sublicense, rent or provide the Service to third parties except to your own Authorised Users, or operate the Service as a service bureau for parties that are not your students, parents or staff; (g) use automated means to scrape, overload or interfere with the Service, or exceed documented rate or usage limits; (h) remove or obscure any proprietary notices in the Platform.
5.3 We may investigate suspected violations and may suspend access under Section 15 where reasonably necessary to protect the Service, other customers or any person.
6. The School's Responsibilities
The School is the party that decides why and how Personal Data is processed in its tenant. Under the DPDP Act and these Terms, the School acts as the data fiduciary / controller for the Personal Data it uploads, and EduSphere acts as the data processor on the School's behalf (see Section 7). Accordingly, the School is responsible for the following.
6.1 Verifiable parental consent for children's data. Because the Platform processes Children's Data, the School is responsible for obtaining and maintaining verifiable consent from the parent or lawful guardian of each child before that child's Personal Data is processed through the Platform, to the extent such consent is required by the DPDP Act and other Applicable Law. The School must also honour any applicable restrictions on behavioural monitoring and targeted advertising directed at children. EduSphere does not obtain parental consent on the School's behalf and relies on the School's confirmation that valid consent (or another lawful basis) exists.
6.2 Lawfulness and accuracy of data. The School represents and warrants that it has the right to upload, use and process all Customer Data it submits; that it has provided all required notices and obtained all required consents; and that the Customer Data is accurate and kept up to date to the extent within the School's control. The School is responsible for the content, legality and quality of its Customer Data.
6.3 Managing its own users. The School is responsible for creating, configuring, supervising and de-provisioning its Authorised Users and their access rights; for the actions of its Authorised Users; and for ensuring that students, parents and staff use the Service in accordance with these Terms.
6.4 Data-subject requests and grievances. As the data fiduciary, the School is primarily responsible for responding to requests and grievances from its students, parents and staff concerning their Personal Data. EduSphere will provide reasonable assistance as set out in the DPA.
6.5 Records. The School should maintain its own records of consents and authorisations, as the School — not EduSphere — holds the direct relationship with its data principals.
7. EduSphere's Role as Processor
7.1 EduSphere processes Personal Data contained in Customer Data only as a data processor, acting on the documented instructions of the School, for the purpose of providing and supporting the Service.
7.2 The specific terms governing that processing — including scope, duration, security measures, sub-processors, international-transfer handling, breach notification and assistance with data-principal requests — are set out in the Data Processing Agreement (DATA-PROCESSING-AGREEMENT.md), which forms part of these Terms.
7.3 Our collection and handling of Personal Data (including the limited Personal Data we process as a data fiduciary in our own right, such as a School's billing contacts) is described in the Privacy Policy (PRIVACY-POLICY.md).
7.4 In the event of a conflict between these Terms and the DPA regarding the processing of Personal Data, the DPA prevails.
8. Fees, Billing, Taxes (GST) and Refunds
8.1 Fees. You agree to pay the subscription fees for your chosen plan as set out at sign-up or on your order form. Fees exclude taxes unless stated otherwise.
8.2 Billing. We bill subscription fees on the cycle stated for your plan (for example monthly or annually). You authorise us (or our payment processor) to charge the payment method on file for all amounts due.
8.3 Taxes / GST. Fees are exclusive of Goods and Services Tax (GST) and any other applicable Indian taxes, levies or duties, which will be added and charged at the prevailing rates and shown on your tax invoice. You are responsible for all such taxes except taxes on our net income. Where you are required to withhold tax at source (TDS), you must provide the applicable certificate.
8.4 Fee-collection records. The Platform also enables Schools to record and manage fees that the School collects from its own students and parents. Such school-level fee collection is a transaction between the School and its students/parents; EduSphere records and facilitates it as part of the Service but is not a party to it and is not responsible for the School's fee amounts, receipts, reconciliations or refunds to parents.
8.5 Late payment. If any undisputed amount is overdue, we may suspend the Service under Section 15 after reasonable notice, and may charge interest on overdue amounts to the extent permitted by Applicable Law.
8.6 Refunds. Refunds of subscription fees (if any) are governed by the Refund Policy (REFUND-POLICY.md). Except as stated in the Refund Policy or required by Applicable Law, fees are non-refundable.
9. Intellectual Property and Licence to Use
9.1 Our IP. EduSphere and its licensors own all right, title and interest in and to the Platform, including its software, design, documentation, trademarks and all related intellectual property. Except for the limited licence in Section 9.2, no rights are granted to you.
9.2 Licence to the School. Subject to these Terms and payment of applicable fees, we grant the School a non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service during the Subscription Term for the School's internal educational and administrative purposes.
9.3 Feedback. If you give us suggestions or feedback about the Service, you grant us a perpetual, worldwide, royalty-free licence to use it to improve the Service, without obligation to you.
10. Customer Data Ownership
10.1 School owns its data. As between the parties, the School owns all Customer Data and retains all intellectual-property and other rights in it. EduSphere does not acquire ownership of Customer Data.
10.2 Licence to EduSphere. The School grants EduSphere a limited, worldwide, non-exclusive licence to host, store, copy, transmit, display and otherwise process Customer Data solely as needed to provide, secure, support, maintain and improve the Service, and otherwise as instructed by the School and permitted by the DPA. We do not sell Customer Data and do not use it to train models or for advertising.
10.3 Aggregated / de-identified data. We may generate aggregated and de-identified statistics that do not identify the School, any individual or any tenant, and may use such data to operate and improve the Service, provided it cannot reasonably be re-identified.
10.4 Security. We maintain technical and organisational measures designed to protect Customer Data, including AES-256 encryption and row-level tenant isolation, as further described in the DPA and our security documentation.
11. Confidentiality
11.1 "Confidential Information" means non-public information disclosed by one party to the other that is marked or reasonably understood to be confidential, including Customer Data, pricing, and non-public features of the Platform.
11.2 Each party will use the other's Confidential Information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to personnel and advisers who need it and are bound by confidentiality obligations.
11.3 Confidentiality obligations do not apply to information that is or becomes public without breach, was lawfully known before disclosure, is independently developed, or is lawfully received from a third party. A party may disclose Confidential Information to the extent required by law or court order, giving reasonable prior notice where lawful.
12. Warranties and Disclaimers
12.1 Each party warrants that it has the authority to enter into these Terms.
12.2 "As is". Except as expressly stated in these Terms, the Service is provided "as is" and "as available", and EduSphere disclaims all other warranties, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, to the maximum extent permitted by Applicable Law.
12.3 We do not warrant that the Service will be uninterrupted, error-free or completely secure, or that it will meet every requirement of your institution. You are responsible for determining whether the Service is appropriate for your use.
13. Limitation of Liability
13.1 To the maximum extent permitted by Applicable Law, neither party will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, goodwill or data, arising out of or related to these Terms, even if advised of the possibility of such damages.
13.2 Liability cap. To the maximum extent permitted by Applicable Law, each party's total aggregate liability arising out of or related to these Terms will not exceed the total subscription fees paid by the School to EduSphere in the twelve (12) months immediately preceding the event giving rise to the claim. (Default cap — adjust the amount or formula if your commercial terms differ.)
13.3 The limitations in this Section do not apply to liability that cannot be limited under Applicable Law, or (as the parties may agree) to a party's indemnity obligations, breach of confidentiality, or infringement of the other party's intellectual property.
14. Indemnity
14.1 By the School. The School will defend, indemnify and hold harmless EduSphere and its officers, employees and agents from and against third-party claims, and resulting losses, arising out of: (a) Customer Data, including any claim that it is unlawful or infringes a third party's rights; (b) the School's failure to obtain required consents, including verifiable parental consent for Children's Data; (c) the School's or its Authorised Users' breach of these Terms or misuse of the Service; or (d) the School's fee-collection activities with its students and parents.
14.2 By EduSphere. EduSphere will defend, indemnify and hold harmless the School from and against third-party claims that the Platform software, as provided by us and used in accordance with these Terms, infringes that third party's intellectual-property rights, and resulting losses. This does not apply to claims arising from Customer Data, from modifications not made by us, or from use of the Service in breach of these Terms.
14.3 The indemnified party will promptly notify the indemnifying party of the claim, allow the indemnifying party to control the defence (with counsel reasonable to the indemnified party), and provide reasonable cooperation. No settlement that imposes any obligation on the indemnified party may be made without its prior written consent.
15. Suspension, Termination and Data Export/Deletion on Exit
15.1 Suspension. We may suspend the Account or specific Authorised Users where reasonably necessary to: (a) prevent harm to the Service, other customers or any person; (b) address a material security risk; (c) comply with Applicable Law; or (d) address non-payment of undisputed overdue fees after reasonable notice. We will aim to limit the scope and duration of any suspension and to restore access once the cause is resolved.
15.2 Termination. Either party may terminate these Terms or a Subscription: (a) at the end of the Subscription Term as provided for the plan; (b) for the other party's material breach that remains uncured for thirty (30) days after written notice; or (c) immediately on written notice if the other party becomes insolvent or ceases business. EduSphere may terminate a free trial at any time.
15.3 Effect of termination. On termination, the School's licence to use the Service ends and the School must stop using the Service. Fees already due remain payable; refunds, if any, follow the Refund Policy.
15.4 Data export. For a period of thirty (30) days after termination or expiry (the "Retrieval Period"), the School may export its Customer Data using the Platform's export tools or by requesting reasonable assistance from us. (Default period — adjust if your policy differs.)
15.5 Data deletion. After the Retrieval Period, EduSphere will delete or de-identify Customer Data within the timeframes and subject to the exceptions set out in the DPA, except where retention is required by Applicable Law. Deletion from routine backups occurs in the ordinary backup-rotation cycle.
16. Governing Law and Jurisdiction
16.1 These Terms are governed by and construed in accordance with the laws of India, without regard to conflict-of-laws principles.
16.2 Subject to Section 17 (Dispute Resolution), the courts at Muzaffarnagar, India, will have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
17. Dispute Resolution / Arbitration
17.1 Good-faith resolution. The parties will first attempt to resolve any dispute amicably through discussion between senior representatives, initiated by written notice to the other party.
17.2 Arbitration. If a dispute is not resolved within thirty (30) days of such notice, it will be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, as amended. The arbitration will be conducted by a sole arbitrator appointed by mutual agreement of the parties. The seat and venue of arbitration will be Muzaffarnagar, India, and the proceedings will be conducted in English.
17.3 Interim relief. Nothing in this Section prevents either party from seeking urgent interim or injunctive relief from a competent court, including to protect Confidential Information or intellectual property.
17.4 The arbitral award will be final and binding on the parties.
18. Grievance Redressal
18.1 In accordance with Applicable Law, EduSphere has appointed a Grievance Officer to address complaints relating to the Service and to EduSphere's processing of Personal Data for which EduSphere is responsible.
18.2 You may contact the Grievance Officer at:
- Grievance Officer: Avnish Kumar, Founder
- Email: support@edusphere.org.in
- Address: A.K Library, Shamli Road, Baghra, District Muzaffarnagar, Uttar Pradesh 251306
18.3 We will acknowledge and seek to resolve grievances within the timeframes required by Applicable Law. Grievances from students, parents and staff about their Personal Data should ordinarily be raised first with the relevant School as data fiduciary (see Section 6.4).
19. Changes to Terms
19.1 We may update these Terms from time to time. For material changes, we will give you reasonable prior notice by email to your Account contact or by in-Platform notice, at least thirty (30) days before the changes take effect. (Default notice period — adjust if your policy differs.)
19.2 Changes take effect on the stated effective date. Your continued use of the Service after that date constitutes acceptance of the updated Terms. If you do not agree to a material change, you may terminate under Section 15 before the change takes effect, in which case the then-current Terms govern until termination.
20. Force Majeure
20.1 Neither party is liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, strikes, failures of the internet or public telecommunications networks, power failures, governmental action, or failures of third-party hosting or infrastructure providers.
20.2 The affected party will use reasonable efforts to mitigate the effect of the force-majeure event and to resume performance. If such an event continues for more than sixty (60) days, either party may terminate the affected Subscription on written notice.
21. Notices and Contact
21.1 Notices to EduSphere must be sent to support@edusphere.org.in and, where these Terms require written notice, also to Avnish Kumar, trading as EduSphere at A.K Library, Shamli Road, Baghra, District Muzaffarnagar, Uttar Pradesh 251306.
21.2 Notices to the School will be sent to the email address associated with the Account or given in-Platform. It is the School's responsibility to keep its contact details current.
21.3 General. These Terms, together with the DPA, Privacy Policy, Refund Policy and any order form, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements on that subject. If any provision is held unenforceable, the remaining provisions remain in effect. A party's failure to enforce a provision is not a waiver. The School may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger or sale of assets. Nothing in these Terms creates a partnership, agency or joint venture between the parties.