1. The agreement
These terms govern access to and use of Smart Pathshaala. By subscribing to the service, or by using it, you agree to them. If you accept these terms for a school or institution, you confirm that you are authorised to bind it, and “you” refers to that institution.
Where we have signed a separate written agreement or order form with an institution, that document prevails over these terms wherever the two differ.
2. Definitions
- “Institution” — the school, college, or group that subscribes to the service.
- “Authorised User” — an administrator, teacher, staff member, student, or parent the Institution permits to use the service.
- “Institution Data” — everything the Institution or its Authorised Users enter into, upload to, or generate within the service, including student, staff, attendance, fee, and examination records.
- “Service” — the Smart Pathshaala platform, its web application, any mobile experience, and this website.
3. The service and your subscription
We grant the Institution a non-exclusive, non-transferable right to access and use the Service during its subscription term, for its own internal educational and administrative purposes.
Which modules and features are available depends on the plan chosen. We may add, change, or retire features over time. Where a change materially reduces functionality the Institution relies on, we will give reasonable notice before it takes effect.
4. Accounts and access
- The Institution is responsible for creating accounts, assigning roles and permissions, and removing access when a person leaves.
- Credentials are personal. Accounts must not be shared, and each Authorised User is responsible for keeping their password confidential.
- The Institution must tell us promptly if it believes an account has been compromised.
- The Institution is responsible for what its Authorised Users do in the Service.
5. Acceptable use
You agree not to:
- Use the Service in breach of any applicable law, or to store or transmit unlawful, harmful, or infringing material.
- Attempt to access another institution’s data, or any part of the Service you have not been granted access to.
- Probe, scan, or test the security of the Service without our prior written permission, or interfere with its normal operation.
- Reverse engineer, decompile, or attempt to derive the source code of the Service, except where the law expressly permits it.
- Resell, sublicense, or make the Service available to anyone other than the Institution’s Authorised Users.
- Use the Service to send unsolicited bulk messages to people who have not agreed to hear from the Institution.
6. Institution data
The Institution owns its data. We claim no ownership over it, and we use it only to provide and support the Service, as described in our Privacy Policy.
- The Institution is responsible for the accuracy and lawfulness of the data it enters, and for holding any consent required to collect it — including a parent’s consent for a child’s data.
- We act as the Institution’s data processor for Institution Data and follow its documented instructions.
- The Institution may export its data from the Service at any time during the subscription term.
- We maintain backups as part of operating the Service. Backups are a disaster-recovery measure, not a substitute for the Institution’s own record-keeping obligations.
7. AI-assisted features
Some features use AI to draft text — an announcement, a reminder, a remark on a report card. These drafts are suggestions. Nothing generated is saved to the Institution’s records or sent to a parent until a member of staff reviews it and acts.
AI output can be inaccurate, incomplete, or unsuitable. The Institution is responsible for reviewing it before use, and we give no warranty as to its accuracy. AI features may be subject to fair-use limits, and we will tell the Institution before applying one that affects it.
8. Fees and payment
- Fees, the billing period, and the basis of the charge are set out in the Institution’s order form or plan.
- Fees are exclusive of GST and other applicable taxes, which are payable in addition.
- Invoices are due within the period stated on them. We may suspend access to the Service if an invoice remains unpaid after we have given written notice and a reasonable chance to settle it.
- Fees already paid are non-refundable except where these terms or the law say otherwise.
- We may revise our fees on renewal, with at least 30 days’ notice before the renewal date.
9. Term, renewal, and termination
- The subscription runs for the term stated in the order form and renews for successive terms of the same length unless either side gives notice not to renew before the term ends.
- Either side may terminate for material breach if the other has not remedied it within 30 days of written notice.
- We may suspend access immediately where continued use poses a security risk, or where the law requires it. We will restore access as soon as the cause is resolved.
On termination, the Institution has 30 days to export its data. We then delete or irreversibly anonymise it as described in our Privacy Policy, unless the law requires us to retain it.
10. Availability and support
We work to keep the Service available and to resolve issues promptly, and we provide support through the channels included in the Institution’s plan. Planned maintenance is scheduled outside school hours wherever we can, and we give advance notice of maintenance expected to interrupt access.
Unless an order form states a specific service level, the Service is provided without an uptime commitment.
11. Third-party services
The Service relies on third-party providers for hosting, email and message delivery, payments, and AI features. Their availability is outside our control, and we are not responsible for their acts or omissions beyond selecting them with reasonable care and holding them to appropriate obligations.
12. Intellectual property
The Service, its software, design, and documentation, and the Smart Pathshaala name and marks, remain ours. Nothing in these terms transfers any of it to the Institution beyond the right to use the Service described above.
If the Institution sends us feedback or suggestions, we may use them to improve the Service without obligation to the Institution, and without any claim over the Institution’s own data.
13. Confidentiality
Each side may receive information the other treats as confidential. Neither will disclose it to anyone except those who need it to perform under these terms and are bound to keep it confidential, and neither will use it for any other purpose. This does not apply to information that is public through no fault of the recipient, or that must be disclosed by law.
14. Disclaimers
Except as expressly stated in these terms, the Service is provided “as is”, and we disclaim all other warranties to the extent the law permits, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free.
15. Limitation of liability
Neither side is liable for indirect, incidental, special, or consequential loss, or for loss of profits, revenue, goodwill, or anticipated savings, however arising.
Each side’s total liability under these terms is limited to the fees paid or payable by the Institution for the Service in the 12 months before the event giving rise to the claim. Nothing here limits liability that cannot be limited by law, or either side’s liability for fraud.
16. Indemnity
The Institution will indemnify us against claims arising from its data or its use of the Service in breach of these terms or of the law. We will indemnify the Institution against claims that the Service itself infringes a third party’s intellectual property rights in India. In each case the indemnified side must give prompt notice and reasonable cooperation.
17. Changes to these terms
We may update these terms as the Service and the law change. We will give notice of material changes to school administrators before they take effect. Continuing to use the Service after that date means the updated terms apply. If the Institution does not accept a material change, it may terminate before the change takes effect and receive a pro-rata refund of prepaid fees for the unused term.
18. General
- Neither side is liable for failure to perform caused by events beyond its reasonable control.
- Neither side may assign these terms without the other’s consent, except to a successor of its business.
- If any provision is held unenforceable, the rest remain in force.
- A delay in enforcing a right is not a waiver of it.
- These terms, together with any order form and our Privacy Policy, are the entire agreement between us on this subject.
19. Governing law
These terms are governed by the laws of India, and the parties submit to the exclusive jurisdiction of its courts.
20. Contact
Questions about these terms, or notices under them, can be sent to our legal contact below.