Terms of Service

Introduction

By using the Serosoft Websites including www.serosoft.com or www.academiaerp.com (“Sites”) or Academia ERP software instance provided to you which is available online at a custom URL like www.xyz.academiaerp.com (“Service”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

“The Service provider” is Serosoft Solutions Private Limited, a private limited company established under the Companies Act of 1956 India, having its registered office at 506–509, MILINDA MANOR, 2, R.N.T. MARG, OPP. CENTRAL MALL, INDORE–452001 (M.P.) INDIA.

We may, from time to time, modify these Terms. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the “Service” and “Sites”. Your continued use of the Service and Websites after any such update constitutes your acceptance of such changes.

Serosoft and Academia have four different types of users depending on the product/services used:

  • We call users of the Websites “Site Visitors.”
  • “Students” at our customer which is an educational institution.
  • “Parents” of these students.
  • “Employees” of our customer which is an educational institution.

We refer to these types of users collectively as “Users” or “you”. These Terms create a legal agreement directly between you and Serosoft and explain the rules governing the use of the Service and Websites.

You agree that this Terms of Service Agreement and the relationship between the parties shall be exclusively governed by the laws of the Republic of India without regard to conflict of law principles. The exclusive jurisdiction for any dispute resolution is the Indore High Court in the Madhya Pradesh state of India.

You must provide your legal full name, a valid email address, and any other information requested by your institution in order to complete the signup process. Your login may only be used by one user - a single login shared by multiple people is not permitted.

You are responsible for maintaining the security of your account and password. If you become aware of any unauthorized use of your password or account, you must notify Serosoft immediately at helpdesk@serosoft.com.

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You undertake not to harass, threaten, abuse, or harm the Service Provider or other users in any way.

Our Proprietary Rights

The Service and Websites are owned and operated by Serosoft 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 service marks) which 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. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type shall, as between you and Serosoft, at all times be and remain the sole and exclusive property of Serosoft.

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 as a result of using the Service will be accurate, correct, reliable, and up to date;
  • Defects in the operation or functionality of the Service will be corrected.

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 of the Service Provider.

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 agree that the 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.

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 (Serosoft 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 (Serosoft Customer). The information, if deleted, cannot 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 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.

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, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Serosoft Site 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 due to the fact that the Service Provider is constantly innovating and improving the Service.

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.

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 (including viruses, worms, and any other destructive codes).

User Content on the Service

Content submitted to the Service by Subscribers is owned and controlled by the Customer. Serosoft maintains a limited, non-exclusive, and non-transferable 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 of violation of terms; (iv) to comply with a valid legal subpoena or other lawful processes.

Feedback on the Websites

By submitting Feedback through the Websites, you grant Serosoft a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose. We reserve the right to remove any Feedback posted in public forums for any reason at our sole discretion.

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). Serosoft may use and maintain your data according to the Serosoft 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.

License and Acceptable Use

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, and only in a manner that complies with all legal requirements that apply to you or your use of the Service and Websites. Serosoft 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, Serosoft’s computer systems, or the technical delivery systems of Serosoft’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 Serosoft’s publicly supported interfaces (for example, “scraping”);
  • Attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources;
  • Interfere with or disrupt the access of any user, host or network, including by sending a virus, overloading, flooding, spamming, or mail-bombing.

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 or impersonation of another person or entity;
  • Activities that are defamatory, libelous or threatening, or constitute hate speech, harassment, or stalking;
  • The publishing of other people’s private or personal information without their express authorization;
  • 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.

User Content Standards

You may not post any User Content that violates applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity; is deceptive, fraudulent, illegal, obscene, or defamatory; contains any personal information of minors without consent; or contains viruses, bots, worms, or similar harmful materials.

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 SEROSOFT, ITS LICENSORS, ITS VENDORS OR ITS USERS, 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 OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL SEROSOFT 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). IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICE TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT OR SERVICE, $100.

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. Accordingly, some of the above limitations may not apply to you.

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.

Indemnity

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD SEROSOFT AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, CONTRACTORS, OR REPRESENTATIVES 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 VIOLATION OF THE TERMS OR SEROSOFT’S PRIVACY POLICY, YOUR VIOLATION OF AN APPLICABLE LAW, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF USER CONTENT, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER INDIVIDUAL OR ENTITY.

Disclaimer

The information contained herein is intended solely for the addressee(s). We don’t accept any responsibility (liability), financial/legal for facts/opinions. We don’t guarantee adequacy/accuracy and aren’t responsible for errors/omissions, as the website contains material in the form of inputs submitted by users.

The website expressly disclaims any implied warranties imputed by the laws of any jurisdiction. We consider ourselves and intend to be subject to laws of the Republic of India and the jurisdiction of court at Indore, Madhya Pradesh, India. We further reserve the right to make changes to our site and the disclaimers, terms and conditions at any time.

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 resolved in Indore High Court, Madhya Pradesh, India.