Disclaimer

1 General Disclaimer

1.1. The BrainBit-SOMS platform (the "Platform"), including all its modules, features, content, and services, is provided by BrainBit Infotech Private Limited (the "Company") on an "AS IS" and "AS AVAILABLE" basis, without any representations or warranties of any kind, whether express, implied, or statutory.

1.2. To the fullest extent permissible under applicable law, the Company disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Platform will meet your specific requirements or expectations
• Warranties that the Platform will be uninterrupted, timely, secure, or error-free
• Warranties that the results obtained from the use of the Platform will be accurate, reliable, or complete
• Warranties that any defects in the Platform will be corrected within a specified timeframe

1.3. Your use of the Platform is at your sole risk. The Company does not warrant that the Platform will be compatible with all hardware, software, or operating environments used by the Institute.

2 No Professional Advice

2.1. The Platform is a technology tool designed to facilitate the operational and administrative management of educational institutions. Nothing contained in or delivered through the Platform shall be construed as:

• Legal advice - The Platform does not provide legal opinions, interpretations of statutes, or guidance on legal compliance. Institutes should consult qualified legal professionals for matters relating to education law, employment law, or regulatory compliance
• Financial or tax advice - Fee calculations, payroll computations, tax deductions, and financial reports generated by the Platform are tools for administrative convenience and do not constitute advice from a chartered accountant, tax consultant, or financial advisor
• Educational or pedagogical advice - The Platform does not provide guidance on curriculum design, teaching methodology, assessment strategies, or educational best practices
• Medical advice - Any medical information stored on the Platform (such as student medical records or allergy details) is entered by the Institute and is not verified, validated, or endorsed by the Company

3 Accuracy of Information

3.1. BrainBit-SOMS is a data management platform. The accuracy, completeness, and reliability of data stored on the Platform is entirely dependent on the information entered by authorized users of the subscribing Institute.

3.2. Institute Responsibility: The Institute is solely responsible for:

• The accuracy and completeness of all data entered into the Platform, including student records, staff information, fee structures, marks, grades, and attendance records
• Verifying the correctness of data before relying on it for official, administrative, or regulatory purposes
• Ensuring that data entry is performed by authorized and trained personnel
• Regularly auditing and reviewing data for errors, omissions, or inconsistencies

3.3. Company Limitation: The Company does not independently verify, audit, or validate any data entered by the Institute or its users. The Company shall not be held liable for any loss, damage, or adverse consequence arising from:

• Incorrect, incomplete, or outdated data entered by Institute personnel
• Data entry errors, typographical mistakes, or human error
• Decisions made based on inaccurate data stored on the Platform
• Failure of the Institute to update or correct data in a timely manner

Responsibility	Institute	Company
Data entry and accuracy	Sole responsibility	No responsibility
Data verification and validation	Sole responsibility	No responsibility
Platform functionality and uptime	Report issues promptly	Best efforts (see SLA)
Data processing and computation	Verify output	Provide tools as designed
Regulatory compliance of data	Sole responsibility	No responsibility

4 Educational Compliance

4.1. BrainBit-SOMS is a management and administration tool. It is NOT a compliance certification system. The Platform does not guarantee, certify, or ensure that the subscribing Institute is in compliance with any educational law, regulation, or standard, including but not limited to:

• The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) and rules thereunder
• Central Board of Secondary Education (CBSE) affiliation norms and bye-laws
• Council for the Indian School Certificate Examinations (ICSE/ISC) regulations
• State Board of Education norms and regulations
• National Education Policy (NEP) 2020 implementation guidelines
• UDISE+ (Unified District Information System for Education Plus) data reporting requirements
• State-specific education department directives and circulars
• Fee regulation orders issued by State Fee Regulatory Committees

4.2. The Company shall not be liable for any penalties, fines, loss of affiliation, or other adverse consequences suffered by the Institute due to non-compliance with regulatory requirements, regardless of whether the Institute used the Platform in connection with such compliance efforts.

5 Financial Calculations

5.1. The Platform provides various financial management tools, including but not limited to fee calculation, installment scheduling, late fee computation, concession management, payroll processing, salary computation, tax deduction calculation (TDS), Provident Fund (PF) and ESI calculations, and financial reporting.

5.2. These financial tools are provided for administrative convenience only. The Company makes no representations or warranties regarding:

• The accuracy or correctness of fee calculations, including installment breakdowns and late fee computations
• The accuracy of payroll computations, including salary components, deductions, and net pay calculations
• The correctness of tax deduction calculations (TDS under the Income Tax Act, 1961)
• The accuracy of Provident Fund computations (under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952)
• The accuracy of ESI computations (under the Employees' State Insurance Act, 1948)
• The compliance of financial outputs with GST requirements (under the CGST/SGST Acts, 2017)

5.3. The Company does not provide accounting services and is not registered as a Chartered Accountant firm under the Chartered Accountants Act, 1949. The financial tools are computation aids only and do not replace professional accounting or audit services.

6 Report Cards & Results

6.1. The Platform provides tools for marks entry, grade computation, result calculation, ranking, and report card generation (PDF). These features process data based on:

• Marks entered by authorized teachers and staff of the Institute
• Grading systems and grade boundaries configured by the Institute
• Exam type configurations and weightages set by the Institute
• Report card templates selected or customized by the Institute
• Co-scholastic assessment grades entered by the Institute

6.2. Company Disclaimer: The Company is NOT responsible for:

• Incorrect marks or grades entered by school staff or teachers
• Misconfigured grading systems, grade boundaries, or exam weightages
• Errors in result calculation arising from incorrect data input or configuration
• Report cards that contain inaccurate information due to data entry errors
• Any adverse consequences to students arising from incorrectly generated report cards
• Rankings or grade distributions that do not meet the Institute's intended criteria

6.3. Report cards generated through the Platform bear the Institute's name and branding. The Company's name or branding does not appear on student-facing report cards, and the Company shall not be treated as the issuing authority of any academic result or certificate.

7 Third-Party Services

7.1. The Platform integrates with the following third-party services to provide certain functionalities:

Service	Provider	Purpose
Razorpay	Razorpay Software Pvt. Ltd.	Online fee payment processing via Parent/Student Portal
SMTP (PHPMailer)	As configured by Institute	Transactional and communication emails
WhatsApp Business API	Meta Platforms, Inc.	WhatsApp notifications and messaging
SMS Gateway	As configured by Institute	SMS notifications and alerts

7.2. No Guarantee of Third-Party Uptime: The Company does not own, operate, or control any of the above third-party services. The Company makes no representations or warranties regarding:

• The availability, uptime, or reliability of third-party services
• The accuracy or timeliness of payment processing by Razorpay
• The delivery, deliverability, or timeliness of emails, SMS messages, or WhatsApp messages
• The security practices or data handling policies of third-party providers
• Any changes to third-party service terms, pricing, or availability

7.3. External Links: The Platform or communications sent through the Platform may contain links to external websites or resources. The inclusion of any link does not imply endorsement, approval, or recommendation by the Company. The Company has no control over the content, policies, or practices of external websites and shall not be responsible for:

• The content, accuracy, or opinions expressed on linked websites
• The privacy practices or data collection policies of linked websites
• Any loss or damage arising from your use of or reliance on linked websites

7.4. Your use of third-party services is governed solely by the terms and conditions of the respective third-party service providers. The Company shall not be liable for any acts, omissions, interruptions, or failures of third-party services.

8 No Guarantee of Results

8.1. The Platform is a tool to assist in the management and administration of educational institutions. The Company makes no representations, warranties, or guarantees that the use of the Platform will result in:

• Improved student enrollment or admissions numbers
• Better academic outcomes, results, or student performance
• Improved fee collection rates or reduced fee defaults
• Enhanced operational efficiency or cost savings
• Higher parent satisfaction or engagement levels
• Improved staff productivity or reduced administrative burden
• Compliance with regulatory requirements
• Successful affiliation or accreditation outcomes
• Any specific business, academic, or operational outcome

8.2. The results achieved through the use of the Platform depend entirely on factors within the Institute's control, including but not limited to the quality of data entered, the consistency of use, the training of staff, and the Institute's operational practices.

8.3. Any case studies, testimonials, or success stories shared by the Company (on its website or marketing materials) represent individual experiences and do not guarantee similar results for other Institutes.

9 Availability & Uptime

9.1. The Company shall use commercially reasonable efforts to maintain the availability of the Platform. However, the Company does not guarantee 100% uptime and acknowledges that the Platform may be unavailable due to:

• Scheduled maintenance (typically performed during off-peak hours between 11:00 PM IST and 5:00 AM IST with advance notice)
• Emergency maintenance necessitated by critical security vulnerabilities or system failures
• Internet or network connectivity issues beyond the Company's control
• Server hardware or infrastructure failures
• Distributed denial-of-service (DDoS) attacks or other cybersecurity incidents
• Force majeure events (as defined in the Terms of Service)
• Third-party service provider outages (hosting, CDN, DNS)

9.2. For specific uptime commitments, service credits, and response time guarantees, please refer to our Service Level Agreement (SLA).

9.3. The Company shall not be liable for any loss, damage, or inconvenience caused by Platform unavailability, whether planned or unplanned, to the extent permitted by applicable law.

10 Data Loss

10.1. The Company performs regular automated backups of all Platform data to protect against data loss. Backup procedures include:

• Daily automated database backups
• Incremental backups at regular intervals
• Backup storage on geographically separate infrastructure
• Periodic backup restoration testing

10.2. No Absolute Guarantee: Despite these measures, the Company does not provide an absolute guarantee against data loss. Data loss may occur due to circumstances including but not limited to:

• Catastrophic hardware failure affecting both primary and backup systems simultaneously
• Natural disasters or force majeure events affecting data center infrastructure
• Sophisticated cyberattacks (e.g., ransomware) that compromise backup integrity
• Software bugs or defects that result in unintended data corruption
• Human error by the Company's personnel during maintenance or updates

10.3. In the event of data loss caused by the Company's gross negligence, the Company's liability shall be limited to using commercially reasonable efforts to restore data from the most recent available backup. The Company shall not be liable for any data that cannot be recovered from backups.

11 Limitation of Liability

11.1. Maximum Liability Cap: To the maximum extent permitted by applicable law, including the Consumer Protection Act, 2019, and the Information Technology Act, 2000, the aggregate liability of the Company (including its directors, officers, employees, agents, and affiliates) for any and all claims arising out of or relating to the use of the Platform or this Disclaimer shall not exceed the total subscription fees actually paid by the Institute to the Company during the twelve (12) months immediately preceding the event giving rise to the claim.

11.2. Exclusion of Consequential Damages: Under no circumstances shall the Company be liable for any:

Damage Type	Description
Indirect damages	Losses not directly caused by the Company's actions or omissions
Incidental damages	Costs incurred as a side effect of Platform issues
Special damages	Losses arising from unique circumstances specific to the Institute
Consequential damages	Secondary losses flowing from Platform-related issues (e.g., loss of students, reputation)
Exemplary/punitive damages	Damages intended to punish rather than compensate
Loss of profits	Revenue or profits lost due to Platform issues
Loss of data	Beyond the Company's obligation to restore from backups
Loss of goodwill	Damage to the Institute's reputation or relationships
Business interruption	Disruption to the Institute's operations

11.3. Exceptions: Nothing in this Disclaimer shall exclude or limit liability for:

• Death or personal injury caused by the Company's negligence
• Fraud or fraudulent misrepresentation by the Company
• Any liability that cannot be lawfully excluded or limited under the laws of India

12 Indemnification

12.1. The Institute and its authorized users agree to indemnify, defend, and hold harmless BrainBit Infotech Private Limited, its directors, officers, employees, agents, licensors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees and legal costs) arising out of or relating to:

• Any data uploaded, entered, stored, or transmitted by the Institute or its users through the Platform
• Any claim by a student, parent, guardian, staff member, or third party arising from the Institute's use of the Platform or reliance on data generated by the Platform
• Any inaccurate, misleading, defamatory, or unlawful content entered into the Platform by the Institute or its users
• Any violation of applicable laws, regulations, or third-party rights by the Institute in connection with its use of the Platform
• Any regulatory action, penalty, or fine imposed on the Company due to the Institute's non-compliance with educational, financial, or data protection laws
• Any claim related to report cards, results, certificates, or official documents generated using the Platform, where the underlying data was entered by the Institute

12.2. The Company shall promptly notify the Institute of any such claim and shall cooperate with the Institute in the defense of such claim. The Institute shall not settle any claim without the Company's prior written consent if such settlement would impose any obligation on the Company.

13 Changes to Platform

13.1. The Company reserves the right to, at any time and from time to time, modify, update, enhance, or discontinue any feature, module, or functionality of the Platform, with or without notice, subject to the following:

Type of Change	Notice Period	Communication Method
New feature additions	No prior notice required	In-app notification, release notes
Minor UI/UX improvements	No prior notice required	In-app notification
Modification of existing features	Not less than 15 days	Email + in-app notification
Deprecation or removal of features	Not less than 30 days	Email + in-app notification
Security patches and critical fixes	No prior notice required	Post-deployment notification
Changes required by law or regulation	As soon as practicable	Email notification

13.2. The Company shall use reasonable efforts to ensure that Platform changes do not adversely affect existing data or workflows. However, the Company shall not be liable for any disruption, inconvenience, or need for workflow adjustment caused by Platform updates.

13.3. Continued use of the Platform after any modification constitutes acceptance of the modified Platform. If you do not agree to any modification, your sole remedy is to discontinue use and terminate your subscription in accordance with the Terms of Service.

14 Governing Law & Jurisdiction

14.1. This Disclaimer shall be governed by and construed in accordance with the laws of India, including but not limited to:

• The Indian Contract Act, 1872
• The Information Technology Act, 2000 (and rules and regulations thereunder)
• The Consumer Protection Act, 2019
• The Digital Personal Data Protection Act, 2023
• The Companies Act, 2013

14.2. Any dispute, controversy, or claim arising out of or relating to this Disclaimer, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the courts of competent jurisdiction at Ranchi, Jharkhand, India.

14.3. Before initiating any legal proceedings, the parties shall endeavor to resolve disputes amicably through good-faith negotiations for a period of not less than 30 (thirty) days from the date of written notice of the dispute.

14.4. If any provision of this Disclaimer is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15 Contact Information

For any questions, concerns, or clarifications regarding this Disclaimer, please contact us: