Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE ACADEMIX PLATFORM.

1. AGREEMENT TO TERMS

1.1 Acceptance of Terms

By accessing, browsing, or using The Academix platform and services (“Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”), along with our Privacy Policy and any other applicable policies.

If you do not agree to these Terms, you must not access or use our Services.

1.2 Who May Use the Services

Our Services are provided to:

• Institutional Customers: Educational institutions, schools, universities, corporations, training centers, coaching institutes, and individual trainers who register for a subscription
• End Users: Students, learners, employees, and other individuals who are granted access by an Institutional Customer
• Visitors: Individuals who visit our website for informational purposes

1.3 Authority to Accept

By using our Services as an Institutional Customer, you represent and warrant that:

• You have the legal authority to bind your institution or organization to these Terms
• You are authorized to accept these Terms on behalf of your institution
• You are at least 18 years of age or the age of majority in your jurisdiction

By using our Services as an End User, you represent and warrant that:

• You have been authorized by your institution to access the Services
• You will comply with these Terms and your institution’s policies
• If you are under 18, you have obtained parental/guardian consent as required

1.4 Contact Information

The Academix
67, Ajit Colony
Jodhpur, 342001
Rajasthan, India
Email: [email protected]
Website: www.theacademix.com

2. DESCRIPTION OF SERVICES

2.1 The Platform

The Academix is a comprehensive learning management system (LMS) platform that provides:

• Course creation and management tools
• Virtual classrooms and online learning environments
• Educational content storage and distribution
• Assessment and testing tools (mock tests, practice tests, real-time assessments)
• Assignment management and plagiarism detection
• Communication tools (messaging, discussion boards)
• Attendance tracking and management
• Multi-branch institutional management
• Live class integration (Google Meet, BigBlueButton)
• Mobile applications for iOS and Android
• Analytics and reporting tools
• Certificate management
• Reward and gamification systems
• Student fee collection and payment processing (optional)
• And other features as described in our platform documentation

2.2 Service Delivery

Our Services are provided:

• As Software-as-a-Service (SaaS) via cloud infrastructure
• Through web browsers and mobile applications
• On a subscription basis to Institutional Customers
• With regular updates and improvements
• Subject to the limitations and terms described herein

2.3 Service Modifications

We reserve the right to:

• Modify, update, or discontinue features of the Services
• Add new features and functionality
• Improve performance and security
• Make changes necessary for compliance with applicable laws
• Conduct maintenance and updates

We will provide reasonable notice of material changes that negatively impact functionality, except for emergency security updates.

2.4 Beta Features

We may offer beta, pilot, or experimental features:

• These are provided “as-is” without warranties
• May be modified or discontinued at any time
• Your use of beta features may be subject to additional terms

3. ACCOUNT REGISTRATION AND MANAGEMENT

3.1 Institutional Customer Accounts

To subscribe to our Services, Institutional Customers must:

• Provide accurate and complete registration information
• Maintain and update account information
• Designate authorized administrators
• Safeguard account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under their account

3.2 Administrator Responsibilities

Institutional administrators are responsible for:

• Managing access for End Users within their institution
• Configuring platform settings and permissions
• Creating and managing courses and classrooms
• Monitoring usage and compliance with these Terms
• Ensuring End Users comply with applicable policies
• Managing their institution’s data on the platform
• Managing student fee collection (if enabled)

3.3 End User Accounts

End User accounts are created and managed by the Institutional Customer:

• End Users receive access credentials from their institution
• End Users must maintain the confidentiality of their credentials
• End Users must comply with both these Terms and institutional policies
• Access may be revoked by the institution at any time

3.4 Account Security

You agree to:

• Use strong, unique passwords
• Not share your login credentials with others
• Log out from shared or public devices
• Notify us immediately of any security breach
• Take reasonable steps to prevent unauthorized access

We are not liable for any loss or damage arising from your failure to maintain account security.

3.5 Accurate Information

You must provide accurate, current, and complete information. You must promptly update any information that changes. We may suspend or terminate accounts that contain false, misleading, or outdated information.

4. SUBSCRIPTION AND PAYMENT TERMS

4.1 Subscription Plans

The Academix offers various subscription plans:

• Basic Campus Plan: For small coaching centers and tutoring institutes
• Scholars Plan: For medium-sized schools and training centers
• Institute Plan: For large institutions and universities
• Enterprise/Custom Plans: For institutions with 5,000+ students and custom requirements

Current Pricing: Detailed pricing for all plans is available at www.theacademix.com/pricing

All plans include all platform features with no tiered feature restrictions.

4.2 Pricing and Fees

• Subscription fees are based on the number of students/learners and selected plan
• Pricing is transparent and all-inclusive (hosting, support, updates, storage, features)
• Fees are subject to change with 30 days’ advance notice for existing customers
• Additional students beyond plan limits incur per-student charges as specified in pricing
• No hidden setup fees unless explicitly stated in your plan agreement
• Custom Enterprise plans may have negotiated pricing

4.3 Billing Cycle

• Subscriptions are billed monthly, quarterly, or annually as selected
• Billing occurs at the beginning of each billing period
• Annual subscriptions may receive discounted pricing
• Invoices are provided via email and through the platform
• Payment due upon invoice unless alternative arrangements made

4.4 Payment Methods

We accept payment through the following methods:

Online Payment Methods:

• Credit and debit cards (via authorized payment processors)
• Net banking
• Digital wallets (UPI, PayTM, Google Pay, etc.)
• International payment cards

Offline Payment Methods:

Available upon coordination with our support team ([email protected]):

• Cheque (subject to clearance, typically 3-7 business days)
• Demand Draft (DD) payable to “The Academix”
• Direct Bank Transfer (NEFT/RTGS/IMPS)
• Wire Transfer (for international customers)

Payment Authorization:

• You authorize us to charge your designated payment method
• You are responsible for maintaining valid payment information
• Failed payments may result in service suspension
• For offline payments, you must provide payment proof (cheque copy, transfer receipt, etc.)

4.5 Taxes

• Fees are exclusive of applicable taxes (GST, VAT, sales tax, withholding tax, etc.)
• You are responsible for all applicable taxes based on your jurisdiction
• We will collect and remit taxes as required by law
• Tax exemption requires valid documentation provided in advance

4.6 Price Changes

• We may change subscription prices with 30 days’ advance written notice
• Price changes do not affect your current subscription term
• Continued use after price changes constitutes acceptance
• You may cancel before price changes take effect to avoid new pricing

4.7 Third-Party Payment Processing

• Online payments are processed by third-party payment gateways
• These processors have their own terms of service and privacy policies
• We do not store complete credit card information
• Payment disputes should be directed to the payment processor
• We are not liable for payment processor errors, failures, or security breaches

4.8 Late Payment and Non-Payment

• Late payments may incur late fees as permitted by law
• Service may be suspended 5 days after payment due date
• Service may be terminated after 30 days of non-payment
• Outstanding fees remain due even after termination
• Collection costs may be charged to you

4.9 Offline Payment Processing

For offline payment methods:

• Cheques require 3-7 business days to clear before service activation
• Bounced cheques may incur bank fees charged to you
• DD must be in favor of “The Academix”
• Bank transfers require transaction reference for verification
• International wire transfers may take 5-15 business days to process

5. STUDENT FEE COLLECTION AND PAYMENT PROCESSING

5.1 Optional E-Commerce Functionality

The Academix platform offers optional student fee collection functionality allowing institutions to:

• Collect course fees, tuition, or other charges from students
• Process payments through integrated payment gateways
• Manage student payment records and receipts
• Track outstanding fees and payment history

This functionality is optional and must be enabled by the institution.

5.2 The Academix Role and Limitations

Our Role:

• We provide the technical infrastructure for payment processing
• We facilitate transactions between students and institutions
• We transfer collected funds to institutions per agreed settlement schedule
• We provide transaction records and reporting

What We Do NOT Do:

• We do NOT set student fee amounts (institutions determine their own fees)
• We do NOT refund students directly
• We do NOT mediate student-institution payment disputes
• We are NOT a party to the student-institution contractual relationship
• We do NOT guarantee student payment or collection

5.3 Institutional Responsibility for Student Transactions

As an Institutional Customer using fee collection features, you acknowledge and agree:

Fee Setting and Communication:

• You are solely responsible for determining student fee amounts
• You must clearly communicate fees, payment terms, and refund policies to students
• You must comply with all applicable consumer protection and education laws
• You must provide students with receipts and payment confirmations

Student Refunds:

• You are solely responsible for ALL student refunds
• Students must contact YOU (not The Academix) for refund requests
• Refund decisions and processing are entirely your responsibility
• Refunds must be agreed through direct communication between you and the student
• The Academix does NOT process refunds to students under any circumstances

Disputes:

• You are responsible for resolving all student payment disputes
• You must have your own student refund and dispute resolution policy
• You must handle chargeback disputes with payment processors
• The Academix will not mediate or resolve student disputes

Compliance:

• You must comply with all applicable laws regarding student fees
• You are responsible for tax compliance on student payments
• You must maintain proper accounting and financial records
• You must obtain necessary licenses or approvals for fee collection

5.4 Payment Settlement

• Collected student fees are settled to your designated bank account
• Settlement schedule as per agreement (daily, weekly, or monthly)
• Payment processor fees are deducted from settlements
• The Academix may charge platform fees for payment processing services
• Settlement reports provided through the platform

5.5 Chargebacks and Payment Reversals

Student Chargebacks:

• Chargebacks initiated by students are YOUR responsibility
• You must provide evidence to payment processor to contest chargebacks
• Chargeback fees are charged to your institution
• Excessive chargebacks may result in suspension of payment processing features
• The Academix is not liable for chargeback losses

Your Obligations:

• Provide clear fee and refund information to students
• Respond promptly to chargeback notices
• Maintain adequate records to contest invalid chargebacks
• Process legitimate refunds promptly to avoid chargebacks

5.6 Prohibited Uses of Payment Features

You may NOT:

• Collect payments for illegal goods or services
• Misrepresent fees or payment terms to students
• Process fraudulent transactions
• Violate payment processor terms of service
• Use payment features for non-educational purposes
• Refuse legitimate refunds required by law

5.7 Suspension of Payment Processing

We may suspend your payment processing features if:

• Excessive chargebacks or disputes occur
• Fraudulent activity is suspected
• You violate payment processor terms
• Required documentation is not provided
• Outstanding platform fees are not paid

5.8 Indemnification for Student Transactions

You agree to indemnify and hold harmless The Academix from any claims, disputes, losses, or liabilities arising from:

• Student fee collection and payment processing
• Student refund requests or disputes
• Chargebacks or payment reversals
• Misrepresentation of fees or payment terms
• Violation of consumer protection laws
• Failure to refund students as required by law
• Any student-institution payment disputes

5.9 No Liability for Student Payments

THE ACADEMIX IS NOT LIABLE FOR:

• Student payment disputes or refund requests
• Lost, delayed, or incorrect student payments
• Payment processor failures or errors
• Chargeback losses
• Student dissatisfaction with courses or services
• Your refund policies or practices
• Legal claims arising from student transactions

6. REFUNDS AND CANCELLATIONS

6.1 Institutional Subscription Refunds

Refunds for institutional subscription fees are governed by our separate Refund and Cancellation Policy, available at www.theacademix.com/refund-policy

Key Points:

• Monthly subscriptions are non-refundable
• Annual subscriptions may receive pro-rata refund within 30 days
• Cancellation takes effect at end of billing period
• Data export available for 30 days after cancellation

6.2 Student Refunds

CRITICAL: Student refund requests must be handled entirely by the institution. See Section 5 above. The Academix does not process student refunds.

6.3 No Refunds for Violations

No refunds are provided if your account is terminated for violation of these Terms.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Our Intellectual Property

The Academix platform and Services, including:

• Software, code, and applications
• Website design, graphics, and user interface
• Logos, trademarks, and branding
• Documentation and training materials
• Platform features and functionality

Are owned by The Academix or our licensors and protected by copyright, trademark, patent, and other intellectual property laws.

7.2 Limited License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Services according to these Terms
• For your internal educational or training purposes only
• Subject to your subscription tier and these Terms

This license does not permit you to:

• Copy, modify, or create derivative works of the platform
• Reverse engineer, decompile, or disassemble the software
• Remove or alter any proprietary notices
• Use the Services for competitive purposes
• Resell or redistribute the Services

7.3 Customer Content

7.3.1 Ownership

You retain ownership of all content you upload or create on the platform:

• Course materials, lectures, and educational content
• Assessments, quizzes, and assignments
• Student submissions and work
• Communications and discussions
• Custom configurations and settings

7.3.2 License Grant to Us

By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store, process, and transmit your content
• Display content to authorized users
• Make backup copies
• Perform technical operations necessary to provide the Services
• Aggregate and anonymize data for analytics and improvements

This license terminates when you delete the content, except for:

• Backup copies (up to 90 days)
• Aggregated, anonymized data
• Content retained as required by law

7.3.3 Your Responsibilities

You represent and warrant that:

• You own or have rights to all content you upload
• Your content does not infringe third-party intellectual property rights
• You have necessary consents for student/learner data and content
• You comply with all applicable copyright laws

7.4 Feedback and Suggestions

If you provide feedback, suggestions, or ideas about our Services:

• We may use them without obligation to you
• You grant us a perpetual, irrevocable, royalty-free license
• We are not required to keep them confidential
• No compensation is owed for such feedback

7.5 Third-Party Content

The platform may include integrations with third-party content:

• YouTube and Vimeo videos
• Google Drive files
• External resources and links

You are responsible for ensuring you have rights to use such content. Third-party terms apply to third-party content.

8. ACCEPTABLE USE POLICY

8.1 Permitted Use

You may use our Services only for lawful educational and training purposes consistent with these Terms and applicable laws.

8.2 Prohibited Activities

You may NOT use the Services to:

Content Violations:

• Upload, post, or transmit illegal, harmful, or offensive content
• Share content that infringes intellectual property rights
• Distribute malware, viruses, or harmful code
• Post defamatory, harassing, or discriminatory content
• Share content depicting violence, hate speech, or explicit material inappropriate for educational context
• Violate privacy rights of others

Security Violations:

• Attempt to gain unauthorized access to the platform
• Interfere with or disrupt the Services
• Bypass security measures or access controls
• Probe, scan, or test system vulnerabilities
• Impersonate others or misrepresent your identity
• Use automated tools (bots, scrapers) without permission

Platform Misuse:

• Resell, redistribute, or white-label the Services
• Use the Services for competitive purposes
• Exceed usage limits or abuse system resources
• Create multiple accounts to circumvent restrictions
• Share account credentials with unauthorized users

Payment and Financial Violations:

• Process fraudulent payments
• Engage in money laundering
• Collect fees for illegal purposes
• Misrepresent fees or payment terms to students
• Refuse legitimate refunds required by law

Legal Violations:

• Violate any applicable laws or regulations
• Engage in fraudulent activity
• Facilitate academic dishonesty (beyond legitimate educational use)
• Violate export control laws

8.3 Content Monitoring

While we do not proactively monitor all content:

• We reserve the right to review content for compliance
• Automated systems may flag prohibited content
• We may investigate reported violations
• We cooperate with law enforcement as required

8.4 Consequences of Violations

Violations may result in:

• Warning and requirement to remove content
• Temporary suspension of access
• Suspension of payment processing features
• Permanent termination of account
• Legal action and liability for damages
• Reporting to law enforcement authorities

8.5 Reporting Violations

To report violations, contact [email protected] with details of the violation.

9. EDUCATIONAL CONTENT AND ACADEMIC INTEGRITY

9.1 Plagiarism Detection

Our platform includes plagiarism detection via Copyleaks:

• Submitted assignments may be checked for plagiarism
• Results are provided to institutional administrators and tutors
• Submitted content may be stored in plagiarism databases
• Copyleaks’ terms and privacy policy apply

9.2 Academic Honesty

End Users must:

• Submit original work unless collaboration is authorized
• Properly cite sources and references
• Not engage in cheating or academic dishonesty
• Comply with institutional academic integrity policies

Violations are subject to institutional disciplinary action.

9.3 Institutional Responsibility

Institutional Customers are responsible for:

• Defining and enforcing academic integrity policies
• Determining appropriate use of plagiarism detection
• Managing academic dishonesty cases
• Ensuring compliance with educational regulations

10. DATA PROTECTION AND PRIVACY

10.1 Privacy Policy

Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference and available at www.theacademix.com/privacy-policy.

10.2 Data Processing

For Institutional Customers subject to GDPR or similar laws:

• We act as a data processor for End User data
• You act as the data controller
• A Data Processing Agreement (DPA) is available upon request
• You are responsible for obtaining necessary consents from students

10.3 Data Security

We implement reasonable security measures, but:

• No system is completely secure
• You are responsible for securing your account
• We are not liable for unauthorized access due to your actions
• You must report security incidents promptly

10.4 Student Data Protection

For student data, we comply with applicable education privacy laws and:

• Use student data only to provide Services
• Do not sell or rent student data
• Do not use student data for advertising
• Maintain appropriate security safeguards

11. THIRD-PARTY SERVICES AND INTEGRATIONS

11.1 Integrated Services

Our platform integrates with third-party services:

• Google Meet and BigBlueButton (video conferencing)
• Google Drive (file storage)
• Copyleaks (plagiarism detection)
• Payment processors (payment processing)
• YouTube and Vimeo (video content)
• Google Gemini (AI-assisted features) and Google Firebase (in-app chat and mobile app notifications)
• DigitalOcean, Cloudflare, and Amazon Web Services (cloud infrastructure)

11.2 Third-Party Terms

Use of integrated services is subject to:

• The third party’s terms of service
• The third party’s privacy policy
• Any applicable usage limits or restrictions
• Availability of the third-party service

11.3 No Liability for Third Parties

We are not responsible for:

• Third-party service availability or performance
• Third-party terms, policies, or practices
• Loss or damage caused by third-party services
• Changes to third-party services or pricing
• Payment processor errors, fees, or failures

11.4 Service Changes

Third-party integrations may:

• Change, be updated, or become unavailable
• Require additional fees or subscriptions directly with the third party
• Be removed if they become incompatible or unavailable

12. SERVICE AVAILABILITY AND SUPPORT

12.1 Service Level

We strive to provide reliable service availability:

• Cloud hosting on DigitalOcean in Bengaluru, India (application and database), with file storage and delivery on Cloudflare and a backup copy of uploaded files on Amazon Web Services
• Regular maintenance and updates
• Monitoring and incident response
• Backup and redundancy measures

However, we do not guarantee uninterrupted or error-free service.

12.2 Scheduled Maintenance

We may perform scheduled maintenance:

• With advance notice when possible
• During off-peak hours when feasible
• Service may be temporarily unavailable

12.3 Emergency Maintenance

We may perform emergency maintenance without notice for:

• Critical security updates
• System failures or outages
• Legal or regulatory compliance
• Protection of the platform or users

12.4 Customer Support

Support is included in all subscription plans:

• Email support at [email protected]
• Response times vary by plan and issue severity
• Support hours: Monday-Friday 9 AM-6 PM IST, Saturday 10 AM-4 PM IST
• Additional premium support may be available for Enterprise plans

12.5 Support Limitations

We are not responsible for:

• Issues caused by your actions or configuration
• Third-party service problems
• Internet connectivity issues
• Problems with your devices or systems
• Training or educational content quality
• Student-institution disputes

13. DISCLAIMERS AND LIMITATIONS OF LIABILITY

13.1 “AS IS” and “AS AVAILABLE”

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding accuracy, reliability, or availability
• Warranties that the Services will be uninterrupted, secure, or error-free
• Warranties regarding the quality of any content or information

13.2 Educational Outcomes

WE DO NOT GUARANTEE:

• Educational outcomes or results
• Student performance improvements
• Test scores or academic success
• Certification or credential validity
• Employment or career advancement
• Student satisfaction with courses

The effectiveness of educational content depends on many factors beyond our control.

13.3 Content Accuracy

We are not responsible for:

• Accuracy of user-generated content
• Quality of educational materials uploaded by customers
• Correctness of assessments or grading
• Currency or completeness of information

13.4 Third-Party Services

We disclaim responsibility for:

• Third-party websites, services, or content
• Integrated service availability or functionality
• Links to external resources
• Payment processor performance or security
• Video conferencing service availability

13.5 Payment Processing

We are not liable for:

• Payment processor errors, delays, or failures
• Chargeback disputes between you and students
• Student refund disputes
• Lost or delayed payments
• Payment method availability
• Currency conversion fees or exchange rate fluctuations
• Cheque clearance delays
• Bank transfer processing times

13.6 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:

• Loss of profits, revenue, or business
• Loss of data or content
• Loss of goodwill or reputation
• Cost of substitute services
• Educational or career setbacks
• Personal injury or emotional distress
• Student refund obligations
• Chargeback losses

ARISING OUT OF OR RELATED TO:

• Your use or inability to use the Services
• Service interruptions or errors
• Unauthorized access to your account or data
• Third-party conduct or content
• Payment processing or student transactions
• Any other matter relating to the Services

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• The fees you paid us in the 12 months preceding the claim, OR
• INR 10,000 (Indian Rupees Ten Thousand)

13.7 Exceptions

Some jurisdictions do not allow limitation of liability for personal injury or certain statutory rights. These limitations may not apply to you to the extent prohibited by law.

13.8 Basis of the Bargain

You acknowledge that these limitations of liability are essential elements of the agreement between you and us, and that we would not provide the Services without these limitations.

14. INDEMNIFICATION

14.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless The Academix, its affiliates, and their respective officers, directors, employees, agents, and contractors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your content and materials uploaded to the platform
• Infringement of intellectual property or other rights of third parties
• Your End Users’ conduct (for Institutional Customers)
• Unauthorized access to your account due to your actions
• Academic dishonesty or cheating facilitated by your use
• Any representation or warranty you made that proves false
• Student fee collection and payment processing
• Student refund disputes or claims
• Chargeback disputes with students
• Misrepresentation of fees, refund policies, or payment terms to students
• Violation of consumer protection laws regarding student transactions

14.2 Defense and Settlement

We reserve the right to:

• Assume exclusive defense and control of any matter subject to indemnification
• Require your cooperation in the defense
• Approve any settlement that affects our rights or obligations

You may not settle any claim without our prior written consent.

14.3 Notice

We will notify you of any claim subject to indemnification and provide reasonable assistance.

15. TERM AND TERMINATION

15.1 Term

These Terms remain in effect for as long as you use the Services or maintain an account.

15.2 Termination by You

You may terminate these Terms by:

• Canceling your subscription per our Refund and Cancellation Policy
• Closing your account
• Discontinuing use of the Services

15.3 Termination by Us

We may suspend or terminate your access immediately, without prior notice, for:

• Violation of these Terms
• Non-payment of fees
• Fraudulent or illegal activity
• Conduct that harms us or other users
• Repeated complaints or abuse
• Legal or regulatory requirements
• Prolonged inactivity
• Excessive chargebacks or payment disputes

15.4 Effect of Termination

Upon termination:

• Your license to use the Services immediately terminates
• You must cease all use of the Services
• You must delete any cached or downloaded materials
• Outstanding fees become immediately due
• Your content may be deleted per our data retention policy (30-day export window, then deletion)
• Student payment processing will be suspended
• Certain provisions survive termination (see Section 15.5)

15.5 Survival

The following sections survive termination:

• Intellectual Property Rights (Section 7)
• Student Fee Collection obligations (Section 5)
• Disclaimers and Limitations of Liability (Section 13)
• Indemnification (Section 14)
• Dispute Resolution (Section 17)
• General Provisions (Section 19)
• Any other provisions that by their nature should survive

15.6 Data Export

You have 30 days from termination to export your data. After this period, we may delete your data per our retention policy. Backup copies may persist for up to 90 additional days.

16. INSTITUTIONAL CUSTOMER SPECIFIC TERMS

16.1 Multi-Branch Management

For institutions with multiple branches:

• Subscription covers all authorized branches
• Student counts include all branches
• Administrative access can be configured per branch
• Pricing is based on total student enrollment across all branches

16.2 Tutor and Staff Management

Institutional Customers are responsible for:

• Managing tutor and staff accounts
• Assigning appropriate roles and permissions
• Monitoring tutor and staff conduct
• Ensuring compliance with these Terms

16.3 Student/Learner Management

Institutional Customers must:

• Have authority to create accounts for End Users
• Obtain necessary consents for student data
• Comply with educational privacy laws (FERPA, COPPA, GDPR, etc.)
• Provide privacy notices to End Users
• Handle End User privacy requests
• Ensure End Users comply with these Terms

16.4 Content Responsibility

Institutional Customers are solely responsible for:

• Quality and accuracy of educational content
• Compliance with copyright and licensing requirements
• Academic standards and curriculum
• Grading and assessment criteria
• Certificates and credentials issued
• Pedagogical methods and effectiveness
• Communicating fee and refund policies to students

16.5 Compliance

Institutional Customers must:

• Comply with all applicable education regulations
• Maintain required accreditations and licenses
• Follow institutional policies and procedures
• Ensure accessibility compliance (ADA, etc.)
• Adhere to data protection laws
• Comply with consumer protection laws for student transactions

17. DISPUTE RESOLUTION

17.1 Informal Resolution

Before initiating formal proceedings, you agree to:

• Contact us at [email protected] to describe the dispute
• Attempt to resolve the matter informally within 30 days
• Provide necessary information and cooperate in good faith

17.2 Governing Law

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

17.3 Jurisdiction and Venue

Subject to the arbitration provisions below, you agree that:

• Exclusive jurisdiction is in the courts of Jodhpur, Rajasthan, India
• You submit to personal jurisdiction in these courts
• Venue is proper in these courts

17.4 Arbitration (Optional)

For disputes not resolved informally, parties may agree to binding arbitration:

• Under the Arbitration and Conciliation Act, 1996 (India)
• With a single arbitrator mutually agreed upon
• Seated in Jodhpur, Rajasthan, India
• Conducted in English
• Each party bears its own costs unless otherwise awarded

17.5 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO:

• Bring claims as a representative or in a class action
• Participate in a class action against us
• Seek relief on behalf of others
• Consolidate your claims with others

You may only bring individual claims.

17.6 Injunctive Relief

Notwithstanding arbitration, we may seek injunctive or equitable relief in any court of competent jurisdiction for:

• Intellectual property infringement
• Breach of confidentiality
• Unauthorized access or security breaches
• Violations requiring immediate action

17.7 Time Limit for Claims

You must bring any claim within one (1) year of the event giving rise to the claim, or the claim is waived.

18. COMPLIANCE WITH LAWS

18.1 General Compliance

You must comply with all applicable laws and regulations, including:

• Education laws and regulations
• Data protection and privacy laws
• Intellectual property laws
• Anti-discrimination laws
• Consumer protection laws
• Export control laws
• Anti-corruption laws
• Payment and financial services regulations

18.2 Export Control

The Services and underlying technology may be subject to export controls. You may not:

• Export or re-export the Services to prohibited countries or entities
• Use the Services in violation of export restrictions
• Provide access to prohibited persons or organizations

18.3 Educational Regulations

Institutional Customers must:

• Maintain required educational licenses and accreditations
• Comply with applicable curriculum standards
• Follow student privacy laws (FERPA, COPPA, etc.)
• Adhere to accessibility requirements

18.4 Data Protection

You must comply with applicable data protection laws, including:

• India: Information Technology Act, 2000 and Rules, Personal Data Protection Bill
• EU/EEA: General Data Protection Regulation (GDPR)
• California: California Consumer Privacy Act (CCPA)
• Other applicable regional laws

18.5 Consumer Protection

For institutions collecting student fees:

• Comply with consumer protection laws
• Provide clear fee and refund information
• Honor refund commitments
• Maintain proper business practices

19. GENERAL PROVISIONS

19.1 Entire Agreement

These Terms, together with our Privacy Policy, Refund and Cancellation Policy, and any other referenced policies, constitute the entire agreement between you and The Academix regarding the Services.

19.2 Amendments

We may modify these Terms at any time by:

• Posting updated Terms on our website
• Updating the “Last Updated” date
• Notifying Institutional Customers via email for material changes

Continued use after changes constitutes acceptance. If you disagree, you must stop using the Services and cancel your subscription.

19.3 Waiver

Our failure to enforce any provision does not waive our right to enforce it later. Any waiver must be in writing and signed by us.

19.4 Severability

If any provision is found unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions remain in full effect.

19.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

19.6 No Agency

These Terms do not create a partnership, joint venture, employment, or agency relationship. You have no authority to bind us or act on our behalf.

19.7 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including:

• Natural disasters, wars, or terrorism
• Government actions or regulations
• Internet or telecommunications failures
• Third-party service disruptions
• Labor disputes or shortages
• Pandemics or public health emergencies
• Power outages or infrastructure failures

19.8 Notices

Notices to you may be sent:

• To the email address associated with your account
• By posting on the platform
• By mail to your billing address

Notices to us should be sent to:

The Academix
67, Ajit Colony
Jodhpur, 342001
Rajasthan, India
Email: [email protected]

19.9 Language

These Terms are drafted in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

19.10 Headings

Section headings are for convenience only and do not affect interpretation.

19.11 Interpretation

• “Including” means “including but not limited to”
• Singular includes plural and vice versa
• “Or” is not exclusive unless context requires
• “Days” means calendar days unless specified otherwise

20. SPECIAL PROVISIONS FOR END USERS

20.1 Access Through Institution

End Users acknowledge that:

• Access is provided through their Institutional Customer
• The institution controls their access and account
• The institution may monitor their activity
• These Terms apply in addition to institutional policies

20.2 Institutional Authority

End Users agree that:

• Their institution may view their academic records
• Their institution may access their submitted work
• Their institution may share their data as permitted by law
• Their institution determines grades and academic standing

20.3 Age Requirements

End Users under 18 acknowledge that:

• Their institution has obtained necessary parental consent
• They will use the Services only as authorized
• They understand and accept these Terms (or their parent/guardian has)

20.4 Code of Conduct

End Users must:

• Use the Services for educational purposes only
• Respect intellectual property rights
• Maintain academic integrity
• Treat others with respect
• Follow institutional codes of conduct
• Comply with these Terms

20.5 Student Payments and Refunds

If you are a student/learner making fee payments through the platform:

• You are paying your institution, not The Academix
• The institution determines fees and refund policies
• Contact your institution for refund requests
• The Academix does not process student refunds
• The Academix is not liable for institution refund disputes

21. CONFIDENTIALITY

21.1 Confidential Information

“Confidential Information” includes:

• Non-public features and functionality
• Pricing and business terms (unless publicly posted)
• Security measures and vulnerabilities
• Performance metrics and analytics
• Beta or unreleased features

21.2 Obligations

You agree to:

• Keep Confidential Information confidential
• Use it only for authorized purposes
• Protect it with reasonable security measures
• Not disclose it to third parties without permission

21.3 Exceptions

Confidential Information does not include information that:

• Is or becomes publicly available through no fault of yours
• Was already in your possession
• Is independently developed by you
• Is received from a third party without restriction
• Must be disclosed by law (with notice to us if possible)

21.4 Student Data Confidentiality

Institutional Customers must maintain the confidentiality of student data per applicable education privacy laws.

22. CONTACT AND SUPPORT

For questions, support, or concerns:

General Inquiries:

Email: [email protected]

Technical Support:

Email: [email protected]

Hours: Monday-Friday 9 AM-6 PM IST, Saturday 10 AM-4 PM IST

Billing Questions:

Email: [email protected]

Legal and Compliance:

Email: [email protected]

Mailing Address:

The Academix
67, Ajit Colony
Jodhpur, 342001
Rajasthan, India

Website:

www.theacademix.com

Current Pricing:

www.theacademix.com/pricing

23. ACKNOWLEDGMENT AND ACCEPTANCE

BY CLICKING “I ACCEPT,” CREATING AN ACCOUNT, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT:

• You have read and understood these Terms of Service in their entirety
• You agree to be bound by these Terms
• You have the authority to accept these Terms (individually or on behalf of your institution)
• You understand the limitations of liability and disclaimers
• You agree to the dispute resolution provisions
• You have read and accept our Privacy Policy and Refund and Cancellation Policy
• You will comply with all applicable laws and institutional policies
• If using student fee collection: You understand your sole responsibility for student refunds and disputes

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICES.

TERMS OF SERVICE AGREEMENT

Effective Date: Dec 1, 2025

Version: 2.0

For the most current version of these Terms, visit:

www.theacademix.com/terms-of-service

For current pricing information, visit:

www.theacademix.com/pricing