Terms of Service

1 Definitions & Interpretation

In these Terms of Service ("Terms"), unless the context otherwise requires, the following words and expressions shall have the meanings ascribed to them herein:

Term	Definition
"Company" / "We" / "Us"	BrainBit Infotech Private Limited, a company incorporated under the Companies Act, 2013, bearing CIN: U72900JH2021PTC016964, having its registered office at Ranchi, Jharkhand, India.
"Platform" / "BrainBit-SOMS"	The School Operations Management System (SOMS) developed, owned, and operated by the Company, accessible via web browser or designated applications.
"User" / "You"	Any individual or entity that accesses, registers on, or uses the Platform, including School Administrators, Teachers, Staff, Parents, and Students.
"Institute" / "School"	An educational institution registered on the Platform as a subscriber/tenant.
"Subscription"	The paid access plan chosen by the Institute for use of the Platform.
"Services"	All functionalities, features, modules, and support provided through the Platform.
"Personal Data"	As defined under Section 2(t) of the Digital Personal Data Protection Act, 2023 (DPDP Act).
"Student Data"	All personal and academic information relating to students, including but not limited to enrollment records, attendance, marks, fee records, and medical information.
"Authorized Users"	Individuals granted access by the Institute's administrator to use the Platform under the Institute's subscription.

2 Acceptance of Terms

2.1. By accessing, registering on, or using BrainBit-SOMS, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, our Privacy Policy, Acceptable Use Policy, and all other policies referenced herein.

2.2. These Terms constitute a legally binding agreement between you and BrainBit Infotech Private Limited, enforceable under the Indian Contract Act, 1872.

2.3. If you are accepting these Terms on behalf of an educational institution, you represent and warrant that you have the authority to bind such institution to these Terms.

3 Eligibility & Capacity to Contract

3.1. The Platform is available to educational institutions registered under applicable Indian laws, including but not limited to the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) and relevant State education acts.

3.2. The individual registering on behalf of an Institute must be:

• A person competent to contract as per Section 11 of the Indian Contract Act, 1872 (i.e., above 18 years of age, of sound mind, and not disqualified from contracting by any law)
• Duly authorized by the Institute to enter into this agreement
• Either the Principal, Director, Proprietor, Managing Trustee, or authorized signatory of the Institute

3.3. Parent and Student portal accounts are created by the Institute administrator. Parents accessing the portal on behalf of minor children (below 18 years) shall be deemed to have provided verifiable consent as required under Section 9 of the DPDP Act, 2023.

4 Description of Services

4.1. BrainBit-SOMS is a cloud-based, multi-tenant School Operations Management System providing the following modules (subject to the subscribed plan):

4.1.1. Academic Management

• Academic year, class, section, and stream management
• Subject configuration and teacher assignment
• Timetable scheduling and holiday calendar

4.1.2. Student Management

• Student admission and enrollment (online and offline)
• Student profiles, guardian information, and document management
• Class allocation and year-end promotion processing
• Transfer certificate generation

4.1.3. Examination & Results

• Exam type configuration and grading systems (CBSE/ICSE/State Board compatible)
• Marks entry with locking mechanism
• Report card generation (PDF) with customizable templates
• Co-scholastic assessment and ranking

4.1.4. Fee Management

• Fee head and structure configuration
• Fee collection with receipt generation
• Installment plans, late fee rules, and concessions
• Online fee payment via Razorpay payment gateway
• Comprehensive fee reports and analytics

4.1.5. Attendance System

• Student and staff daily/period-wise attendance
• Leave management and approval workflows
• Attendance reports and analytics

4.1.6. HR & Payroll

• Staff attendance, leave balances, and leave management
• Salary structure configuration with components
• Payroll processing and payslip generation
• IT declaration management and salary advances

4.1.7. Communication

• Notice board and circular management
• SMS, Email, and WhatsApp messaging
• In-app notifications
• Template-based communication

4.1.8. Portals

• Parent Portal: Dashboard, attendance view, results, fee payment, notices, leave applications
• Student Portal: Dashboard, timetable, attendance, results, fees, notices, leave applications

4.1.9. Reports & Analytics

• Academic, financial, attendance, and student strength reports
• Staff performance analytics
• UDISE+ compliant data export

4.2. The Company reserves the right to add, modify, or discontinue any module or feature with prior notice of not less than 30 (thirty) days, except where changes are necessitated by legal requirements or security concerns.

5 Account Registration & Security

5.1. Registration: The Institute must provide accurate, current, and complete information during the registration process, including but not limited to the Institute's legal name, registration number, address, contact details, and authorized representative's information.

5.2. Account Credentials: You are solely responsible for:

• Maintaining the confidentiality of your login credentials (username and password)
• All activities that occur under your account
• Notifying us immediately at info@brainbitinfotech.com upon becoming aware of any unauthorized access or breach of security

5.3. Multi-Factor Authentication: We may implement additional authentication measures (OTP, email verification) for sensitive operations. Users shall comply with such security measures.

5.4. The Company shall not be liable for any loss or damage arising from your failure to safeguard your account credentials, as per the principles established in the Information Technology Act, 2000.

6 User Roles & Access Levels

6.1. The Platform supports the following hierarchical user roles, each with defined permissions:

Role	Description
Super Admin	Platform-wide administrative access (Company personnel only)
Principal	Full Institute-level access, including all modules and configurations
Vice Principal	Institute management access, subject to Principal's delegation
Admin Staff	Administrative operations: admissions, attendance, communications
Accountant	Fee management, payroll, and financial reporting
Class Teacher	Class-specific attendance, marks entry, and student management
Subject Teacher	Subject-wise marks entry and attendance
Parent	Portal access: view ward's academic, attendance, and fee information
Student	Portal access: view own academic, attendance, and fee information

6.2. The Institute administrator is responsible for assigning appropriate roles and revoking access when users leave the institution or change responsibilities.

7 Subscription, Pricing & Payment

7.1. Subscription Plans: The Platform is offered on a subscription basis. Current plans and pricing are published on our website and are subject to revision with not less than 30 (thirty) days' notice.

7.2. Payment: All payments shall be made in Indian Rupees (INR) through the payment methods accepted on the Platform (Razorpay payment gateway). Payment processing is subject to the terms of the respective payment service provider.

7.3. Taxes: All prices are exclusive of Goods and Services Tax (GST) unless explicitly stated otherwise. GST shall be charged at the prevailing rate as applicable under the Central Goods and Services Tax Act, 2017 and the respective State GST Acts. A valid tax invoice shall be provided for every transaction.

7.4. Renewal: Subscriptions shall automatically renew at the end of each billing period unless cancelled by the Institute at least 15 (fifteen) days before the renewal date.

7.5. Non-Payment: In case of non-payment:

• A grace period of 7 (seven) days shall be provided from the due date
• After the grace period, access may be restricted to read-only mode for up to 15 (fifteen) days
• If payment is not received within 30 (thirty) days of the due date, the account may be suspended
• Data shall be retained for 90 (ninety) days post-suspension, after which it may be permanently deleted

7.6. For detailed refund terms, please refer to our Refund & Cancellation Policy.

8 Free Trial Period

8.1. New Institutes may be offered a free trial period as determined by the Company (currently 2 months).

8.2. During the trial period, the Institute shall have access to all standard features of the Platform.

8.3. Upon expiry of the trial period, the Institute must subscribe to a paid plan to continue using the Services. If no subscription is purchased, access shall be restricted.

8.4. Data entered during the trial period shall be retained and shall be available upon subscription to a paid plan, for a period of 90 (ninety) days from trial expiry.

9 Intellectual Property Rights

9.1. Platform Ownership: The Platform, including all source code, object code, software, algorithms, databases, user interfaces, designs, trademarks (including "BrainBit-SOMS" and the BrainBit logo), documentation, and all related intellectual property, is and shall remain the exclusive property of BrainBit Infotech Private Limited.

9.2. Limited License: Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your internal educational institution management purposes.

9.3. Restrictions: You shall not:

• Copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Platform
• Create derivative works based on the Platform
• Sublicense, lease, rent, sell, or redistribute the Platform to any third party
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Platform
• Use the Platform to build a competing product or service

9.4. Feedback: Any suggestions, ideas, or feedback provided by you regarding the Platform may be used by the Company without any obligation or compensation to you.

10 Data Ownership & Portability

10.1. Your Data: The Institute retains full ownership of all data inputted into the Platform, including student records, financial data, staff information, and academic records ("Institute Data").

10.2. License to Process: By using the Platform, you grant the Company a limited license to store, process, and transmit Institute Data solely for the purpose of providing and improving the Services.

10.3. Data Portability: In accordance with your rights under the DPDP Act, 2023, the Institute may request export of its data in machine-readable format (CSV/Excel) at any time during the active subscription period.

10.4. No Sale of Data: The Company shall never sell, rent, or trade Institute Data or Student Data to any third party for marketing, advertising, or any other commercial purpose.

11 Acceptable Use

For detailed acceptable use guidelines, please refer to our Acceptable Use Policy. In summary, you agree not to:

• Use the Platform for any purpose other than educational institution management
• Upload, transmit, or store any unlawful, harmful, defamatory, or objectionable content
• Attempt to gain unauthorized access to other Institutes' data or system infrastructure
• Introduce viruses, malware, or any code designed to disrupt the Platform (punishable under Section 43 and 66 of the IT Act, 2000)
• Use the Platform in violation of any applicable law, regulation, or third-party rights
• Share login credentials with unauthorized individuals
• Use automated scripts, bots, or scrapers to access the Platform without written authorization

12 Multi-Tenant Data Isolation

12.1. The Platform operates on a multi-tenant architecture where each Institute's data is logically isolated using Institute-specific identifiers.

12.2. No Institute shall have access to view, modify, or interact with data belonging to another Institute.

12.3. The Company implements industry-standard security measures to maintain data isolation at the application and database levels.

13 Third-Party Integrations

13.1. The Platform integrates with the following third-party services:

Service	Purpose	Governing Terms
Razorpay	Online payment processing	Razorpay Terms of Use
SMTP (PHPMailer)	Email communications	Email service provider terms
WhatsApp Business API	WhatsApp notifications	Meta/WhatsApp Business Terms

13.2. Your use of third-party services through the Platform is subject to the respective service providers' terms and conditions. The Company is not responsible for the acts, omissions, or policies of third-party service providers.

13.3. Payment Gateway: All online payments processed through Razorpay are subject to the Payment and Settlement Systems Act, 2007, and applicable RBI guidelines. The Company does not store credit/debit card numbers or CVV on its servers.

14 Service Availability & Maintenance

14.1. The Company shall use commercially reasonable efforts to maintain Platform availability. For specific uptime commitments, please refer to our Service Level Agreement.

14.2. Scheduled Maintenance: Routine maintenance shall be performed during off-peak hours (typically between 11:00 PM IST and 5:00 AM IST) with advance notice of at least 24 hours via email or in-app notification.

14.3. Emergency Maintenance: In case of critical security vulnerabilities or system failures, the Company may perform emergency maintenance without prior notice, provided that affected users are informed as soon as practicable.

14.4. Data Backup: The Company performs regular automated backups. However, the Institute is encouraged to periodically export and maintain its own backup copies of critical data.

15 Limitation of Liability

15.1. To the maximum extent permitted by applicable law, including the Consumer Protection Act, 2019, and the Information Technology Act, 2000:

• The Company shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, data, goodwill, or business opportunity
• The Company's aggregate liability for any claims arising out of or related to these Terms or the Services shall not exceed the total subscription fees paid by the Institute in the 12 (twelve) months immediately preceding the claim

15.2. The Company shall not be liable for:

• Any loss or damage arising from unauthorized access to your account due to your failure to maintain credential security
• Disruptions caused by internet service providers, telecommunication failures, or factors beyond the Company's reasonable control
• Decisions made by the Institute based on reports, analytics, or data generated by the Platform
• Any statutory or regulatory non-compliance by the Institute

15.3. Nothing in these Terms shall exclude or limit liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be lawfully excluded under Indian law.

16 Indemnification

16.1. The Institute agrees to indemnify, defend, and hold harmless BrainBit Infotech Private Limited, its directors, officers, employees, and agents from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• The Institute's breach of these Terms or any applicable law
• The Institute's use or misuse of the Platform
• Any inaccurate, misleading, or unlawful data uploaded by the Institute
• The Institute's violation of any third-party rights
• Any claim by a student, parent, or staff member arising from the Institute's use of the Platform

17 Termination

17.1. By the Institute: The Institute may terminate its subscription at any time by providing written notice (email to info@brainbitinfotech.com) at least 15 (fifteen) days before the next billing date.

17.2. By the Company: The Company may suspend or terminate an Institute's access:

• Immediately, for material breach of these Terms, including violation of the Acceptable Use Policy
• Upon 30 (thirty) days' notice for non-payment beyond the grace period
• If required by law, regulation, or court order

17.3. Effect of Termination: Upon termination:

• All rights and licenses granted to the Institute under these Terms shall cease
• The Institute may request data export within 30 (thirty) days of termination
• Outstanding payment obligations shall survive termination
• Sections 9, 10, 15, 16, 20, and 21 shall survive termination

18 Data Retention Post Termination

18.1. Following termination, the Company shall retain Institute Data for a period of 90 (ninety) days ("Retention Period") to facilitate data export by the Institute.

18.2. During the Retention Period, the Institute may request a complete data export in machine-readable format (CSV/Excel).

18.3. Upon expiry of the Retention Period, all Institute Data shall be permanently and irreversibly deleted from the Company's servers, including all backup copies, in compliance with the DPDP Act, 2023.

18.4. Notwithstanding the above, the Company may retain anonymized, aggregated data (which does not identify any individual or Institute) for analytical and service improvement purposes.

19 Force Majeure

19.1. Neither party shall be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused by events beyond the party's reasonable control, including but not limited to:

• Acts of God, natural disasters, epidemics, or pandemics
• War, terrorism, riots, or civil unrest
• Government actions, sanctions, embargo, or regulatory changes
• Internet or telecommunications infrastructure failures
• Power outages affecting data centers
• Cyberattacks or distributed denial-of-service (DDoS) attacks

19.2. The affected party shall notify the other party in writing within 7 (seven) days of becoming aware of the force majeure event and shall use reasonable efforts to mitigate its effects.

20 Governing Law & Jurisdiction

20.1. These Terms 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 thereunder)
• The Digital Personal Data Protection Act, 2023
• The Consumer Protection Act, 2019
• The Companies Act, 2013

20.2. Subject to Section 21 (Dispute Resolution), the courts of competent jurisdiction at Ranchi, Jharkhand, India shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms.

21 Dispute Resolution

21.1. Amicable Resolution: In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the parties shall first attempt to resolve the matter amicably through good-faith negotiations within 30 (thirty) days of written notice.

21.2. Mediation: If the dispute remains unresolved, the parties agree to attempt mediation in accordance with the Mediation Act, 2023, before resorting to arbitration or litigation.

21.3. Arbitration: If mediation fails within 30 (thirty) days, the dispute shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties, in the English language, with the seat of arbitration at Ranchi, Jharkhand, India.

21.4. Nothing in this Section shall prevent either party from seeking interim or injunctive relief from a court of competent jurisdiction.

22 Amendments to Terms

22.1. The Company reserves the right to modify, amend, or update these Terms at any time.

22.2. Material changes shall be communicated to registered users via:

• Email notification to the Institute's registered email address
• In-app notification upon login
• Publication on the Company's website with the updated effective date

22.3. Continued use of the Platform after the effective date of any amendment constitutes acceptance of the modified Terms. If you do not agree to the amended Terms, you must discontinue use and may terminate your subscription in accordance with Section 17.

23 Severability

23.1. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms.

23.2. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions.

24 Entire Agreement

24.1. These Terms, together with the Privacy Policy, Refund & Cancellation Policy, Data Protection Policy, Acceptable Use Policy, Disclaimer, Service Level Agreement, and Grievance Redressal Policy, constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior agreements, understandings, representations, and warranties, whether written or oral.

24.2. No waiver of any provision shall be effective unless made in writing and signed by an authorized representative of the Company.

25 Contact Information