Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Edupotion Pvt. Ltd. ("Edupotion", "EdSparks", "we", "us", or "our"), a company incorporated under the Companies Act, 2013, with its registered office in New Delhi, India.

By accessing or using the EdSparks website at edsparks.com, the AI Tutor for NCERT/CBSE Classes 6-12, the AI chat widget, the content digitization platform, or any related services (collectively, the "Services"), you agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use our Services. If you are under the age of 18, you may only use the Services with the consent and supervision of a parent or legal guardian.

2. Description of Services

EdSparks provides the following services:

• AI Tutor: An AI-powered personalized tutoring platform for NCERT and CBSE syllabus covering Classes 6-12, offering step-by-step explanations, adaptive quizzes, and learning path recommendations.
• AI Chat Widget: An embeddable conversational AI widget that educational institutions and content providers can integrate into their websites and platforms.
• Content Digitization Platform: Tools and services for digitizing educational content, including textbooks, assessments, and learning materials.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will make reasonable efforts to notify users of significant changes.

3. Account Terms

3.1 Account Registration

Certain features of our Services may require you to create an account or submit your information. When you do so, you agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your information to keep it accurate and complete.
• Keep your login credentials secure and confidential.
• Notify us immediately of any unauthorized access to or use of your account.

3.2 Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials.

3.3 Accounts for Minors

If you are creating an account on behalf of a minor (a person under 18 years of age), you represent that you are the minor's parent or legal guardian and that you consent to the minor's use of the Services in accordance with these Terms.

4. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. Specifically, you agree not to:

• Use the Services in any way that violates any applicable Indian law, regulation, or international law.
• Use the AI Tutor or chat widget to generate or disseminate harmful, misleading, defamatory, obscene, or otherwise objectionable content.
• Attempt to gain unauthorized access to any part of the Services, other accounts, computer systems, or networks connected to the Services.
• Interfere with or disrupt the integrity or performance of the Services, including through DDoS attacks, injection attacks, or other means.
• Use automated systems, bots, scrapers, or crawlers to access, extract, or index content from the Services without our prior written consent.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Services.
• Reproduce, redistribute, sell, or sublicense any part of the Services or content generated by the AI Tutor without our express written permission.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
• Use the Services to engage in academic dishonesty, including but not limited to submitting AI-generated content as your own original work in examinations or assessments.
• Upload or transmit viruses, malware, or any other malicious code.

We reserve the right to investigate and take appropriate action against any violation of this section, including suspending or terminating your access to the Services.

5. Intellectual Property

5.1 Our Intellectual Property

The Services, including all content, features, functionality, software, designs, text, graphics, logos, icons, images, audio, video, and the underlying technology, are owned by Edupotion Pvt. Ltd. or its licensors and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The EdSparks name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Edupotion Pvt. Ltd. You may not use these marks without our prior written permission.

5.2 User-Generated Content

If you submit, post, or transmit any content through the Services (such as feedback, questions, or learning materials), you grant us a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, adapt, and display such content for the purpose of operating and improving the Services.

You represent and warrant that you own or have the necessary rights to submit such content and that it does not infringe any third party's intellectual property or other rights.

5.3 AI-Generated Content

5.4 NCERT/CBSE Content

Any references to NCERT (National Council of Educational Research and Training) or CBSE (Central Board of Secondary Education) content, syllabi, or materials are used for educational purposes and to describe the scope of our Services. NCERT and CBSE are the property of their respective owners, and EdSparks is not affiliated with, endorsed by, or officially connected to these organizations unless explicitly stated.

6. Fees and Payment

Certain features of the Services may be offered on a free or paid basis. Where applicable:

• Prices for paid features will be clearly communicated before purchase.
• All fees are quoted in Indian Rupees (INR) unless stated otherwise and are inclusive of applicable taxes as required by Indian law.
• We reserve the right to change our pricing at any time. Changes will not affect active subscriptions until renewal.
• Refund policies, if applicable, will be communicated at the time of purchase.

7. Third-Party Services and Links

Our Services may contain links to or integrations with third-party websites, services, or content that are not owned or controlled by us. We are not responsible for:

• The content, privacy policies, or practices of any third-party services.
• Any loss or damage arising from your use of third-party services.

We encourage you to review the terms and privacy policies of any third-party services you access through our platform.

8. Disclaimer of Warranties

Without limiting the foregoing, we do not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free.
• The results obtained from the use of the Services (including AI-generated content) will be accurate, reliable, or complete.
• The quality of any content, products, services, or information obtained through the Services will meet your expectations.
• Any errors in the Services will be corrected.

The AI Tutor is a supplementary educational tool and is not a substitute for formal education, professional tutoring, or qualified teaching. Academic outcomes may vary.

9. Limitation of Liability

To the maximum extent permitted by applicable Indian law:

• Edupotion Pvt. Ltd., its directors, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising from or related to your use of (or inability to use) the Services.
• Our total aggregate liability for all claims arising from or related to the Services shall not exceed the amount you have paid to us in the twelve (12) months preceding the claim, or INR 5,000 (Indian Rupees Five Thousand), whichever is greater.
• This limitation of liability applies regardless of the legal theory on which the claim is based, whether in contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Edupotion Pvt. Ltd., its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Services.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Your violation of any third party's rights, including intellectual property rights.
• Any content you submit or transmit through the Services.

11. Termination

11.1 Termination by You

You may stop using the Services at any time. If you have an account, you may request account deletion by contacting us at info@edsparks.com.

11.2 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without cause and with or without notice, if:

• You breach any provision of these Terms.
• We are required to do so by law or a court order.
• We reasonably believe your conduct may expose us, other users, or third parties to legal liability or harm.
• We decide to discontinue the Services or any part thereof.

11.3 Effect of Termination

Upon termination, your right to use the Services will immediately cease. Sections of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will continue to apply.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

12.2 Jurisdiction

Subject to the arbitration clause below, the courts of New Delhi, India shall have exclusive jurisdiction over any disputes arising from or related to these Terms or the Services.

12.3 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, it shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended).

• The seat and venue of arbitration shall be New Delhi, India.
• The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties.
• The language of the arbitration shall be English.
• The arbitral award shall be final and binding on both parties.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Edupotion Pvt. Ltd. regarding the Services and supersede all prior agreements, understandings, and communications, whether written or oral.

13.2 Severability

If any provision of these Terms is found 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, and the remaining provisions shall continue in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Edupotion Pvt. Ltd.

13.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

13.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, pandemics, wars, civil unrest, internet or telecommunications failures, or power outages.

13.6 Notices

We may provide notices to you via email (to the address associated with your account), by posting on our website, or through other reasonable means. Notices to us should be sent to info@edsparks.com.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last updated" date at the top of this page.
• Post a prominent notice on our website or notify you via email for significant changes.

Your continued use of the Services after the revised Terms are posted constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services.

15. Contact Us

If you have any questions about these Terms of Service, please contact us:

• Email: info@edsparks.com
• Company: Edupotion Pvt. Ltd.
• Location: New Delhi, India
• Website: edsparks.com