OUR PROPRIETARY RIGHTS
The service and websites are owned and operated by Qodum School App and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by Qodum School App and its partners, as well as other sources, and are protected by indian copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws.

You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the service and websites. You acknowledge that the service and websites have been developed, compiled, prepared, revised, selected, and arranged by Qodum School App and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute the valuable intellectual property of Qodum School App and such others. You agree to protect the proprietary rights of Qodum School App and all others having rights in the service and websites during and after the term of these terms and to comply with all written requests made by Qodum School App or its suppliers and licensors (collectively, “suppliers”) of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the service and websites. You agree to notify Qodum School App immediately upon becoming aware of any claim that the service and websites infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the service and websites shall, as between you and Qodum School App, at all times be and remain the sole and exclusive property of Qodum School App. Any unauthorized use of any material contained on or through the service and websites may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis.

Among other things, the service provider does not represent and warrant to the user that:

• The user’s use of the service will meet the user’s requirements;

• The user’s use of the service will be uninterrupted, timely, secure, or free from error;

• Any information obtained by the user as a result of the user’s use of the service will be accurate, correct, reliable and up to date;

• Defects in the operation or functionality of the service will be corrected.

• No warranties (incl. For satisfactory quality, fitness for purpose, or conformance with description) apply to the service except to the extent expressly stipulated in the agreement.

• The service provider is not liable for any direct, indirect, or consequential damage (incl. Loss of profit, loss of data, loss of goodwill or business reputation) of the user which may be incurred to the user in relation with the service, including

•Damage resulting from any changes which the service provider may make to the service;

• Damage resulting from any permanent or temporary interruption in the provision of the service;

• Damage resulting from deletion of, corruption of, or failure to store, any user’s content;

• Damage resulting from the user’s failure to provide the service provider with accurate account information;

•Damage resulting from the user’s failure to keep the user’s password or the details of the user’s account secure and confidential.

You must not modify, adapt or misuse the service or modify another website so as to falsely imply that it is associated with the service.

You understand that a service provider uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service without the express written permission by service provider.

The user must indemnify the service provider, its officers, directors, employees, agents, licensors, suppliers, etc. For any and all claims, liabilities, losses, expenses, damage, and costs, including attorney’s fees, resulting from the breach of the agreement, and from the activities on the user account.

We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these terms of service.

The user agrees that the service provider may provide the user with notices, including those regarding changes to the agreement, by email, regular mail, or postings on the service.

You understand that the technical processing and transmission of the service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited emails, smss, or “spam” messages.

You must not transmit any worms or viruses or any code of a destructive nature.

Nothing in the agreement shall exclude or limit the service provider’s liability for damage that may not be lawfully excluded or limited by the laws of the republic of india.

The failure of a service provider to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of such right or provision. The terms of service constitute the entire agreement between you and the service provider and govern your use of the service, superseding any prior agreements between you and the service provider (including, but not limited to, any prior versions of the terms of service).

The agreement is governed by the laws of the republic of india.

In case the agreement has been translated into some other language than english and there are contradictions between the English version and the translation, then the english version shall prevail over the translation.

Any disputes related to the agreement are to be solved by means of negotiations. If the dispute cannot be solved by means of negotiations, the dispute shall be solved in Bangalore high court, Bangalore, Karnataka, India

REFUNDS, UPGRADING, AND DOWNGRADING TERMS
The service is billed in advance on the terms agreed upon with our customer and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities if not stated otherwise. The user will be responsible for the payment of all such taxes, levies, or duties.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your service may cause the loss of content, features, or capacity of your account. The service provider does not accept any liability for such loss.

CANCELLATION AND TERMINATION
You are solely responsible for properly canceling your account. You can contact your educational institution (Qodum School App customer) to know the cancellation procedure.
Requests for the removal of the contents will be processed based on the instructions provided by your educational institution (Qodum School App customer). The information, if deleted can not be recovered once your account is canceled
The service provider, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service for any reason at any time. Such termination of the service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. The service provider reserves the right to refuse service to anyone for any reason at any time.

MODIFICATIONS
The service provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice.
Prices of all services, including but not limited to annual subscription plan fees to the service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Qodum School App site (www.qodumtech.com) or the service itself.
The service provider shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the service.
The user acknowledges and agrees that the form and nature of the service may change from time to time without prior notice to the user due to the fact that the service provider is constantly innovating and improving the service. Also, the user acknowledges and agrees that the service provider may stop (permanently or temporarily) providing the service (or any features within the service) to the user at the service provider’s sole discretion, without prior notice to the user.

CONTENT
Service provider’s content is protected by copyright. The user may not copy, distribute, modify, rent, lease, loan, sell, distribute, create derivative works, reverse engineer, decompile or otherwise attempt to extract the source code of the service or any part thereof without the copyright owner’s respective license.

The service provider claims no intellectual property rights over the material provided by the user to the service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your content.

The service provider does not pre-screen content, but the service provider and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the service.

The user undertakes not to create, transmit, display or make otherwise available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, or hateful (incl. Viruses, worms, and any other destructive codes).

User content and submissions on the service. The service allows you to manage supplier information, and submit associated information, text, files, and other materials (collectively, “user content”) and share that user content with others. User content submitted or otherwise made available to the service is subject to the following terms:

User content on the service – content submitted to the service by subscribers (“subscriber user content”) is owned and controlled by the customer as set forth in the introduction to these terms and the customer agreement. Qodum School App maintains a limited, non-exclusive, and non-transferable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display subscriber user content for the following limited purposes: (i) to maintain, provide and improve the service; (ii) to prevent or address technical or security issues and resolve support requests; (iii) to investigate when we have a good faith belief, or have received a complaint alleging, that such subscriber user content is in violation of the customer agreement or these terms; (iv) to comply with a valid legal subpoena, request, or other lawful processes that meets the requirements of the customer agreement; and (v) as otherwise set forth in our customer agreement or as expressly permitted in writing by the customer.

Feedback on the websites. The websites may have certain features that allow you to submit comments, information, and other materials (collectively, “feedback”) to Qodum School App and share such feedback with other users, or the public. By submitting feedback through the websites, you grant Qodum School App a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that feedback for any purpose (including in testimonials or other Qodum School App marketing materials and where required to do so by law or in good faith to comply with legal process.). We reserve the right to remove any feedback posted in public forums for any reason at our sole discretion.

User content and feedback representations. You acknowledge and agree that you have all required rights to submit user content and feedback without violation of any third-party rights. You understand that Qodum School App does not control, and is not responsible for, user content or feedback and that by using the service and/or websites, you may be exposed to user content or feedback from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that user content and feedback may contain typographical errors, other inadvertent errors, or inaccuracies. You agree that you will indemnify, defend, and hold harmless Qodum School App for all claims resulting from user content or feedback you submit through the service and/or websites. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.

DATA OWNERSHIP

We process, use, copy, store, transmit, modify, display and perform any other action to all the personal information related to students and their parents, and employees based on the written service agreement done with our customers (educational institutes). Qodum School App may use and maintain your data according to the Qodum School App privacy statement.

Our customers shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and retain ownership of all of the customer data. We do not own any such data which is provided by our customers.

In case of a termination of the contract, the data is provided back to the customers and removed permanently from our storage media along with any backups. We do not and will not assume any obligations with respect to data provided by our customers.

LICENSE AND ACCEPTABLE USE
Your license. Subject to your compliance with these terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the service and websites only for your own internal use (or, for subscribers, uses authorized by the customer), and only in a manner that complies with all legal requirements that apply to you or your use of the service and websites, including the Qodum School App privacy policy and these terms. Qodum School App may revoke this license at any time, at its sole discretion.

Disruption of the service. You may not: Access, tamper with, or use non-public areas of the service and websites, Qodum School App’s computer systems, or the technical delivery systems of Qodum School App’s providers; Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure; Access or search the service and websites by any means other than Qodum School App’s publicly supported interfaces (for example, “scraping”);

Attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time); or

Interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the service and websites, or by scripting the creation of user content in such a manner as to interfere with or create an undue burden on the service and websites.

Misuse of the service and websites. You may not utilize the service and websites to carry out, promote or support:

Any unlawful or fraudulent activities; the impersonation of another person or entity, or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;

Activities that are defamatory, libelous or threatening constitute hate speech, harassment, or stalking;

The publishing or posting of other people’s private or personal information without their express authorization and permission;

The sending of unsolicited communications, promotions advertisements, or spam;

The publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or

The promotion or advertisement of products or services other than your own without appropriate authorization.

User content standards within the service and websites. You may not post any user content on the service or websites that:

Violates any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;

Is deceptive, fraudulent, illegal, obscene, pornographic (including child pornography, which, upon becoming aware of, we will remove and report to law enforcement, including the national center for missing and exploited children), defamatory, libelous or threatening, constitutes hate speech, harassment, or stalking;

Contains any personal information of minors; Contains any sensitive personal information, such as financial information, payment card numbers, social security numbers, or health information without Qodum School App’s prior written consent granted as part of a customer agreement;

Contains viruses, bots, worms, or similar harmful materials; or Contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.
Violations of this section 5. In addition to any other remedies that may be available to us, Qodum School App reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the service or websites, upon notice and without liability for Qodum School App should you fail to abide by the rules in this section 5 or if, in Qodum School App’s sole discretion, such action is necessary to prevent disruption of the service or websites for other users. If you are a subscriber, Qodum School App reserves the right to notify the customer’s account administrator(s) or other customer representative(s) of any violations of these terms.  

PRIVACY
For information about how we collect, use, and share the data we collect from and about you, please see our privacy policy which is incorporated by reference into these terms.

WARRANTIES, DISCLAIMERS, AND LIMITATION OF LIABILITY
The service and websites and user content, whether provided by Qodum School App, its licensors, its vendors or its users, and other information on or accessible from the service and websites are provided “as is” without warranty, representation, condition, or guarantee of any kind, either expressed or implied, including but not limited to any implied warranties, representations, conditions or guarantees of quality, merchantability, fitness for a particular purpose, or non-infringement, all of which are disclaimed to the fullest extent permitted by law. Specifically, but without limitation, Qodum School App does not warrant that: (i) the information available on the service and websites is free of errors; (ii) the functions or features (including but not limited to mechanisms for the downloading and uploading of user content) will be uninterrupted, secure, or free of errors; (iii) defects will be corrected, or (iv) the service and websites or the server(s) that make the service and websites available are free of viruses or other harmful components. In no event shall Qodum School App or its affiliates, licensors, vendors, or any of their respective directors, officers, employees, agents, or other representatives be liable to you or any other person or entity for any indirect, special, incidental, consequential, or punitive damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services), arising out of or in connection with the service and websites, any materials, information, or recommendations appearing on the service and websites, or any link provided on the service and websites, whether or not Qodum School App has been advised of the possibility of such damages and whether based upon warranty, contract, tort, strict liability, violation of statute, or otherwise. This exclusion of liability shall apply to the fullest extent permitted by law. In any event, our aggregate liability will not exceed the amount paid for the service or websites to which the claim relates or if the claim does not relate to a product or service, $100. Qodum School App does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the service and websites or any website featured or linked to through the service and websites, and Qodum School App will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or service and websites. Qodum School App will not be liable for the offensive or illegal conduct of any third party. You voluntarily assume the risk of harm or damage from the foregoing. The foregoing limitations will apply even if a remedy fails of its essential purpose and to the fullest extent permitted by law.

EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. So some of the above limitations may not apply to you.

INDEMNITY
You agree to indemnify, defend, and hold Qodum School App and its respective officers, directors, employees, members, shareholders, contractors, or representatives (and all successors and assigns of any of the foregoing), harmless from and against any claim or demand, including without limitation, reasonable attorneys’ fees and disbursements, made by any third party in connection with or arising out of your use of the service and websites, your connection to the service and websites, your violation of the terms or Qodum School App’s privacy policy, your violation of an applicable law, your submission, posting, or transmission of user content to the SERVICE AND WEBSITES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER INDIVIDUAL OR ENTITY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT, YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.