END USER LICENSE AGREEMENT

Last Updated: July 2024

Please read this End User License Agreement (“Agreement”) carefully before downloading or using the “Report Bee” on a mobile application, website or any other such platform(s) (hereinafter “Platform”) as provided by XSEED Education PTE LTD or XSEED Education Private Limited or any of its related entity (hereinafter also referred as ‘XSEED’ or the ‘Company’ or ‘We’, collectively referred as ‘XSEED Group’). By downloading or using the Platform, you are entering into and agreeing to be bound by the terms of this license, related Privacy Policy and related Terms & Conditions (as updated). If you do not agree to the terms of this license, do not download or use this Platform. This is a legal agreement between you (“User” or “You” or “Your”) and XSEED (“XSEED” or “Provider” or “We”) stating the terms that govern your use of the Platform.

1. Acknowledgement
   1. The terms of this Agreement (as updated) apply to the Platform or any of the services accessible through the Platform, including any updates or supplements to the Platform. In case of separate terms for those updates or supplements, those terms shall apply.
   2. The Provider may change these terms at any time and the new terms may be displayed on the Provider’s website. We encourage User to frequently check for any changes to stay informed of the updated terms. You acknowledge and agree that it is Your responsibility to review the terms periodically and become aware of modifications. Prices and availability of the Platform are also subject to change without notice.
   3. The terms of the Provider’s privacy policy as updated from time to time shall be applicable to this Agreement. Further, by using the Platform, the User acknowledges and agrees that internet transmissions may not be completely private or secure. Furthermore, the User understands that any data or documents which are provided may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
   4. In the event that the User is using the Platform in the capacity of a faculty/teacher for one or more than one customer school(s), then the User will be deemed to be the representative of each respective school and shall be responsible for any information that has been uploaded to the Platform, including confidentiality of the underlying information and also keeping the same secured and its usage in compliance with the law.
2. Grant and Scope of License
   1. Subsequent to the User’s acceptance of the Agreement, the Provider grants the User a non-transferable, non-exclusive licence to use the Platform, subject to the terms set forth hereinafter. The Provider reserves all other rights that haven’t been expressly or impliedly provided under this Agreement.
   2. Subject to the terms and conditions of the Agreement,
      1. a. the User may download a copy of the Platform;
      2. b. the User shall use the Platform to input data, upload files and documents, request information, compile data and carry out all such related activities for obtaining the desired results, provided such activity is strictly limited to the requirements of the customer school, for which such activity is being carried out and for which the User has engaged with the Provider. Further, the User shall be responsible for obtaining and maintaining all parental consents with regard to the usage of children's/students’ personal information.
   3. The User agrees to,
      1. a. use the Platform properly on an operating system for which it was designed.
      2. b. promptly notify the Provider in writing of any defect or fault in the Platform and should not continue to use the Platform should such a defect or fault arise.
      3. c. be solely responsible for any defect or fault in the Platform.
   4. The User agrees not to,
      1. a. use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform or any operating system;
      2. b. disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or attempt to do any such thing;
      3. c. infringe the Provider’s intellectual property rights or those of any third party in relation to your use of the Platform;
      4. d. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform;
      5. e. use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
      6. f. collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running any part of the Platform;
      7. g. copy the Platform or Documents except where such copying is incidental to normal use of the Platform, or where it is necessary for the purpose of back-up or operational security;
      8. h. use the Platform in non-compliance with any law, including law governing the use of personally identifiable information.
3. Restricted use of the Platform
   1. The User undertakes to be the only individual with access to the Platform and also acknowledges that any data provided or documents uploaded shall be deemed to be by the User under appropriate consent of the person to whom such information relates.
   2. The User is expressly prohibited from providing access to the Platform to any third party either for use or for information purposes.
   3. The User agrees not to use the Platform for any commercial, business or resale purposes, and for any purpose not approved or authorized by the Provider. The Provider shall not be liable for any loss of profit, loss of business, business interruption, or loss of business opportunity in case of unauthorized use of the Platform.
4. Intellectual Property Rights
   1. The User acknowledges that all intellectual property rights in the Platform and the technology thereof belong to the Provider and that the User has no rights in, or to, the Platform other than the right to use the same in accordance with the terms of this Agreement.
   2. The Provider acknowledges that all the data which is inputted, documents, files which are uploaded or any information provided by the User into the Platform shall be the intellectual property rights of the User or the School, as the case may be.
5. Warranty
   1. The Provider warrants that the Platform will operate substantially in accordance with the requirements of the Platform, unless performance problems are the result of hardware failure, improper use, or modification by the User or individuals having access to the Platform or due to your failure to install updates.
   2. The Provider further warrants that Support will be provided in a professional manner, consistent with industry standards.
   3. To the maximum extent provided by law, the Provider hereby excludes all other conditions, warranties, guarantees or representations, express or implied, by statute, trade or otherwise.
6. Limitation of Liability
   1. The User acknowledges that the Platform has been created to suit the requirements of the school(s) that the User represents and the use of the Platform has been approved by the school(s) that the User represents and therefore it is the responsibility of the User to ensure that the facilities and functions of the Platform are utilized to obtain desired results.
   2. The Provider shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks.
   3. To the maximum extent permitted by applicable law, in no event will We be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the Platform, result of using the Platform including, without limitation, damages for recommendation of the Platform, outcome of verification checks, loss or corruption of data or programs, service interruptions and procurement of substitute services, even if We know or have been advised of the possibility of such damages. To the maximum extent permitted by applicable law, under no circumstances will We be liable for any liquidated or punitive damages.
   4. To the maximum extent permitted by applicable law, in no event will We be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, liquidated, punitive arising out of or relating to recommendation of the Platform, the conduct of any Platform user or anyone else in connection with the use of the Platform, including without limitation, bodily injury, emotional distress, mental stress, financial loss and/or any other losses or damages resulting from using the Platform or any of the Content therefrom.
7. Service Uptime
   1. The Provider shall strive to ensure complete access and uninterrupted usage of the Platform on an as-is-where-is basis and cannot be held responsible due to technical issues beyond its control.
   2. The Provider shall not be responsible for any issues or complaints due to internet connectivity or lack thereof, technical defects or faults in the software on part of the User or any issues as a result of breach of any of the terms of this Agreement by the User.
   3. The Provider undertakes to determine and rectify any issues arising as a result of technical defects or faults in the software on part of the Provider within a reasonable period of time, based on the complexity of the problem and resources required to rectify such problem.
8. Use of Information
   1. The User in the course of using the Platform shall input data, upload documents or files or provide information. The User acknowledges that the same may be captured to provide trend analysis and carry out research and developmental work for such other purposes as may be required or found necessary or suitable without any recourse to the User. Further, the User agrees that the same is in line with the terms and conditions by and between the Provider and the School and therefore the User shall not be entitled to any compensation. Further, the School shall be responsible for maintaining and ensuring the information pertaining to the school’s children/students is shared strictly in compliance with relevant law including law on protection of personally identifiable information.
   2. The Provider undertakes not to disclose the identity of or use the name of the User or make known to third parties, the names, and such other confidential information relating to the User and any information which can be construed as confidential by virtue of its contents, which the Provider has access to under this Agreement.
9. Storage of Data
   1. The User acknowledges that all the information and data inputted and all the files and documents uploaded are stored on a server by the Provider and User/School authorizes Provider to store such information.
10. Data Security
    1. The Provider undertakes to take reasonable measures to avoid any server-side breach in security that may result in consequences, including but not limited to loss of Integrity of Data or disclosure of User's identity and data.
    2. The Provider shall not be liable for any consequence or damage caused by the compromise of the User’s account or any other situation arising due to the User’s security negligence.
    3. The Provider may be required to disclose information if sought by any third party or any Government as per the order of any Court or requirements under the law.
11. Support
    1. The Provider undertakes to extend support to the User/customer schools as and when required, by means of email, telephonic and online support, subject to call traffic and availability of technical persons on the date and time of the complaint.
12. Termination
    1. The Agreement is effective until terminated by the User or the Provider by providing written notice and the same has to be complied with within 30 days from receipt of such notice.
    2. Upon termination of the Agreement, the User shall cease all use of the Platform.
    3. All rights of the User under this Agreement will terminate automatically without notice from either party on failure to comply with any terms of the Agreement.
13. Other Important Terms
    1. Assignment: The Provider may transfer the rights and obligations under this Agreement to another party by providing express notice to the School regarding the same. In the event of such transfer, the rights and obligations of the User under this Agreement shall be unaffected.
    2. Enforcement of rights: In the event that the Provider fails to insist that the User performs any of the obligations under this Agreement, does not enforce rights against the User, or delays in doing so, shall not mean that the Provider has waived the rights. The Provider may waive a default only in writing by expressly stating the terms therein.
    3. Severability: If any provision of the Agreement or the application thereof to any person or entity or circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. If any court or government entity rules that any portion of this Agreement is invalid, illegal or unenforceable to any extent in a particular jurisdiction, such ruling shall not render such provision or this Agreement invalid, illegal or unenforceable in any other jurisdiction.
    4. Governing Law: This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the Republic of India and shall be subject to the jurisdiction of the courts of Haryana, India.
    5. Consent to Use of Data: You, the User, agree that the Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Product or Licensed Platform. The Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.

BY DOWNLOADING, INSTALLING AND/OR USING THE LICENSED PLATFORM YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AND PRIVACY POLICY.