This document is an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the applicable rules thereunder. These Terms of Use ("Terms") are published to comply with the Digital Personal Data Protection Act, 2023 and Section 43A of the Information Technology Act, 2000, along with Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. The Terms outline the guidelines governing the collection, storage, processing, use, disclosure and handling of personal data, ensuring that users understand their privacy rights and responsibilities when using (i) the website https://www.uprio.com ("Website") and (ii) the UPRIO School Exam App mobile application ("Application") (collectively referred to as the "Platform"), owned and operated by Uprio.
These Terms, consisting of these Terms of Use and our Privacy Policy, is made between Uprio, a Schoolprep Learning Private Limited incorporated under the laws of India, having its registered office at1st Floor, #75, 1st Main Road, Panduranga Nagar, Banerghatta Road, Bangalore 560076 ("Uprio", "We", "Us" or "the Company") and the person or entity registering for or using the services provided by Uprio ("User", "You"). Uprio and the User are collectively referred to as the "Parties" and individually as a "Party".
The Platform includes a variety of educational services, tools and content, such as online courses, tutoring programs, school exam modules, study material, videos and related features designed to enhance learning and educational engagement. These Terms govern your access to and use of the Platform, which allows you to access these services either directly or indirectly. By using the Platform, you are agreeing to the terms set forth in this Terms.
These Terms, along with the Privacy Policy and any other policies referenced in the Platform (as updated from time to time), govern the use of the Platform and services, including any content, materials, information, documents, videos, images, services and other features made available through the Website or the Application. In accessing and/or using the Platform, including any of its content and services, you are deemed to have fully understood, agreed to and accepted these Terms, including any modifications made from time to time. If you do not agree with any part of these Terms, you must immediately stop using the Platform and refrain from accessing or using any of the services provided.
In case of any discrepancy between these Terms and any other policy with respect to the Platform, the provisions of these Terms shall prevail. Please carefully review the entire Terms of Use before using the Platform. If you disagree with any part of these Terms, you must immediately discontinue the use of the Platform and its services. Upon discontinuation, you will no longer have access to any services, content or features offered by Uprio.
1. DEFINITIONS
1.1 The following terms shall have the meaning specified below:
(a) "Account" means the account created by the User on the Platform to access and utilize the Services provided by Uprio, including the User's login credentials, preferences and any relevant details related to the User's engagement with the Platform.
(b) "Confidential Information" means all non-public information provided by one party to the other, whether oral, written or digital, that is either explicitly marked or identified as confidential or which, by its nature, should reasonably be understood by the receiving party to be confidential. This includes but is not limited to proprietary information, User data, business plans, strategies and any other data related to the Services or operations of Uprio.
(c) "User Data" means any data, content, materials, personal information (including but not limited to personal data), input or entries uploaded, created or transmitted by the User on or through the Platform or any content generated in relation to the Services provided by Uprio. This includes but is not limited to academic records, study materials, assessments, progress tracking and other information input by the User, either independently or with the help of Uprio's educational tools and services.
(d) "Personal Data" means any information that relates to an identified or identifiable natural person under the User's Account, which can be used to identify that individual, either directly or indirectly. This may include details such as the User's name, contact information, academic information and payment information provided during the use of the Platform.
(e) "Services" means the educational and related services provided by Uprio, either directly or via mentors, tutors or counsellors. These include but are not limited to the following offerings:
- Uprio School Exam App: An application offering tools, content and resources for students preparing for school exams.
- Online Tuition Program: A program offering live and pre-recorded lessons, tutorials, assessments and one-on-one mentoring for students in various educational fields.
- Any additional educational services or features introduced by Uprio, either on the Platform or through other channels.
2. ACCESS AND THE USE OF THE PLATFORM
2.1 To access and use the Services provided by Uprio, the User must first register and create an Account on the Platform. While creating and maintaining the Account, the User agrees to provide accurate, true, current and complete information as requested during the registration process. This includes but is not limited to personal details such as name, address, contact information (email and phone number), academic qualifications and payment details for any services related to online tuition. The User must promptly update their Account information to ensure it remains accurate and complete throughout the term of the Terms. Should the User provide incomplete, inaccurate or false information, Uprio reserves the right to reject the registration and may, at its sole discretion, suspend or terminate the User's access to the Platform or Services.
2.2 If the User is under the age of eighteen (18) years (a "Minor"), the User must obtain consent from a parent or legal guardian to use the Services offered on the Platform. The User and the parent/legal guardian jointly acknowledge and accept responsibility for all actions and activities of the Minor in connection with the use of the Platform. Uprio shall not be held liable for any actions or consequences arising from the Minor's use of the Platform and all liability related to such use shall rest with the parent or legal guardian.
2.3 The User represents and warrants that any data, content or personal information (collectively, "User Data") provided to Uprio, whether by the User or an administrator on their behalf, is done with full authority and consent. The User ensures that they have the right to provide such data and grant Uprio permission to use, process and store it in accordance with the Privacy Policy and applicable laws. Uprio assumes no responsibility for any issues that may arise from the User's failure to obtain proper consent for the provision of such data.
2.4 The User acknowledges that access to and use of the Platform requires certain technical infrastructure, including but not limited to an internet connection, compatible devices and software. The User is responsible for ensuring that they meet these technical requirements and for maintaining a secure connection. Additionally, the User understands the inherent risks associated with the transmission of electronic data, including potential security threats and agrees to assume all risks associated with such data transmissions.
3. CONTENT OWNERSHIP
3.1 All educational content including but not limited to books, chapters, questions, answers, solutions, data compilations, audio recordings, videos, documents, images, graphics and other materials provided or accessible through the Services (collectively, "Content"), are the exclusive property of Uprio and/or its licensors. These materials are protected by copyright, trademark and other intellectual property laws. You may not copy, download, reproduce, modify, republish, upload, post, transmit or distribute any Content from the Platform in any manner without prior written consent from Uprio. Nothing within the Platform shall be construed as granting you a license or any rights, interests or ownership to any intellectual property owned by Uprio.
3.2 Some Content available on the Platform may belong to third-party content providers. These third-party materials are reproduced with their consent and all rights related to such materials shall remain with the respective third parties. Uprio does not grant you any rights to use such third-party intellectual property, including but not limited to trademarks, logos and copyrighted materials, without obtaining prior permission from the third-party owners. You agree to comply with any applicable terms and conditions governing the use of such third-party Content.
3.3 You acknowledge that any reliance on or use of the Content and materials provided through the Platform is at your own risk. Uprio does not endorse, support, represent or guarantee the accuracy, completeness, truthfulness or reliability of any Content or communications available on or through the Services. Furthermore, Uprio does not endorse any opinions expressed by users or third-party contributors on the Platform. Users are responsible for taking appropriate measures to ensure the security and confidentiality of their Uprio account credentials.
4. USER INFORMATION
4.1 "User Information" refers to any data, details or content you provide to Uprio through the Platform to avail of the Services, whether directly provided by you or submitted via email or other means. We will collect, process, store and protect your User Information in accordance with our Privacy Policy, ensuring compliance with all relevant laws and regulations.
4.2 You agree to maintain the confidentiality of all commercial, technical or business information disclosed to you by Uprio or other users of the Platform. This includes but is not limited to business strategies, financial data, proprietary methods and technical details. You shall consider such information to be proprietary and shall not disclose it, unless it is publicly available or already in your possession prior to receipt.
4.3 We do not seek to receive any confidential, proprietary or trade secret information through the Platform, except as required to avail of Services. Any information, feedback, suggestions, ideas or comments you send to us through the Platform shall be deemed non-confidential, unless otherwise required by law. By submitting such materials, you grant Uprio permission to use your name, personal information and any suggestions or ideas you provide, solely in connection with providing and improving the Services.
4.4 By using the Platform, you agree to the following obligations: (a) To provide true, accurate, current and complete information about yourself when requested during registration or at any other time while using the Services; (b) To promptly update Uprio if any User Information you have provided changes, becomes inaccurate, incomplete or outdated, ensuring the accuracy and completeness of your information; (c) To comply with all applicable laws, regulations and guidelines when using the Platform and Services; (d) To ensure that all User Information you provide is authentic and truthful, particularly when requested during the registration process (e) To use your best judgment in accessing and utilizing the Services available on the Platform.
4.5 If the information you provide is found to be untrue, inaccurate, incomplete or outdated or if we have reasonable grounds to believe that your information is not in compliance with these Terms, Uprio reserves the right, at its sole discretion, to suspend or terminate your access to the Platform. We may also refuse to provide further Services. Uprio has the right to validate and verify the User Information you provide and if any inconsistencies are found, we may restrict or revoke your access to the Platform and Services without prior notice.
5. ELECTRONIC COMMUNICATIONS
5.1 By accessing the Platform or communicating with Uprio via email, you consent to receive electronic communications from us. This includes but is not limited to notices, agreements, updates and other information related to your use of the Platform and Services. You acknowledge that all such communications will satisfy any legal requirement that such communications be in writing. Uprio may communicate with you via email or by posting notices on the Platform, depending on the nature of the communication. You agree to promptly review any communications from Uprio to ensure that you are aware of any important updates or changes that may impact your use of the Platform and Services.
6. USER'S RIGHTS AND OBLIGATIONS
6.1 You are solely responsible for complying with all applicable laws, regulations and guidelines while using the Platform or accessing the Services. You agree not to engage in any illegal, fraudulent, harmful or unethical activities while using the Platform or Services, including but not limited to any actions that may disrupt the functionality or security of the Platform.
6.2 You are fully responsible for maintaining the confidentiality and security of your account credentials, including your email address, password, phone number, mobile device and any other device used to access the Platform. You will bear full responsibility for any unauthorized use or activities conducted through your account, whether authorized by you or not. Uprio will not be held liable for any losses or damages resulting from such unauthorized use.
6.3 You agree to take all reasonable steps to protect your account and information from unauthorized access or breach. In the event of a security breach or suspected breach, you must immediately notify Uprio. You acknowledge that you will be held liable for any loss or damages incurred by Uprio due to a security breach or unauthorized access that can be attributed to your actions or negligence.
6.4 You are responsible for bearing all applicable taxes, fees and charges for your use of the Platform and/or Services. This includes any government-imposed taxes or fees that may arise due to your access and use of the Platform.
6.5 By using the Platform, you agree that Uprio may process and act upon any requests made through the Platform that are authenticated by your login credentials. You acknowledge that such actions will be deemed valid and binding as if made by you personally.
6.6 You agree that Uprio may use and share your User Data or personal information with third parties as necessary to provide the Services. By accepting these Terms, you consent to such transfers in accordance with Uprio's Privacy Policy. For details on how your data will be handled, you may refer to our Privacy Policy.
7. ACCEPTABLE USE POLICY
7.1 The User is solely and exclusively responsible for all User Data and activities conducted under their Account. The User agrees not to access or attempt to access, other Users' Accounts or any data belonging to other Users on the Platform. The User shall ensure that any actions taken under their Account comply with these Terms of Use.
7.2 The User shall retain full ownership of their User Data. However, by using the Platform, the User grants Uprio a non-exclusive, royalty-free license to use, process and transfer the User Data solely for the purpose of providing the Services under this Terms. Uprio will respect the User's rights to the User Data as outlined in the Privacy Policy.
7.3 Uprio is not responsible for the manner in which the User uses the Services. The User agrees to use the Platform and Services in full compliance with applicable laws and regulations and to ensure their use is consistent with these Terms. The User is solely responsible for any consequences that arise from their unlawful or unauthorized use of the Platform.
7.4 Uprio reserves the right to use User Data when required in the event of fraudulent or illegal activities conducted by the User. This includes but is not limited to situations where Uprio suspects that the User is engaging in illegal behavior or violating the Terms of Use.
7.5 The User agrees not to engage in any activity that violates these Terms, applicable laws or widely accepted ethical standards. Such activities include but are not limited to:
(a) Platform Interference: Interfering with, damaging or disrupting the integrity or functionality of the Platform, any third-party networks connected to the Platform or compromising the security, privacy and performance of the Platform, including submitting content or data that may contain viruses or other harmful components.
(b) Reverse Engineering or Unauthorized Access: Reverse-engineering, hacking, disassembling, decompiling or attempting to gain unauthorized access to the Platform or any related systems, networks or data belonging to Uprio. Creating derivative works or modifying the Platform in any way is prohibited.
(c) Misleading or Deceptive Activities: Creating a false identity, impersonating others, engaging in phishing activities or manipulating data to mislead or deceive other Users or Uprio. This includes accessing the Platform through another User's Account without permission.
(d) Violation of Rights or Laws: Using the Platform to violate the legal rights of others, including laws requiring consent before transmitting or collecting data. This also includes using the Platform for purposes that harm Uprio's business operations, reputation or integrity.
(e) Encouraging Prohibited Activities: Allowing or encouraging any third party to engage in the activities described above.
7.6 Uprio is not responsible for notifying the User of any software upgrades, fixes or enhancements to the Platform. Additionally, Uprio is not liable for any data compromises, including User Data, that occur due to the transmission of data across computer networks or telecommunications facilities (such as the internet) that are not owned or controlled by Uprio.
7.7 The User agrees to use the Platform exclusively for legitimate purposes, ensuring that their activities are lawful, do not violate these Terms of Use and do not harm Uprio's commercial or legal interests. The User is also responsible for preventing unauthorized access to the Platform by third parties and shall ensure that their agents and representatives comply with these obligations.
8. LICENSE TO USE THE CONTENT AND SERVICES
8.1 By registering with Uprio, the User may access the Uprio School Exam App. However, to utilize the Online Tuition Program, the User must subscribe to an appropriate plan or package and complete the necessary payment. Upon the successful payment of applicable fees (including taxes), Uprio or its licensors, will grant the User a non-exclusive, non-transferable and revocable license to view, use and display the Content associated with the Online Tuition Program, provided the User remains an active subscriber. The User's access to such Content is limited to the Platform and the specified number of supported devices, strictly for personal, non-commercial use. The Content made available through the Services is licensed, not sold, to the User by Uprio or the content provider. Any unauthorized use or violation of the terms of this license shall immediately terminate the license granted to the User.
8.2 Access to certain features or elements of the Services may be subject to separate terms, conditions and a fair usage policy. Uprio reserves the right to establish the criteria for providing different elements of Services to various categories of Users, as per its internal policies. Therefore, subscription to any plan or package does not entitle the User to full access to all elements of the Services provided by Uprio. Uprio retains the right to exercise its discretion regarding the provision and continuity of access to specific elements or features of the Services.
8.3 Uprio reserves the right, at its sole discretion, to review, modify, remove or discontinue any Content, features or functionality of the Services at any time, with or without notice. Uprio makes no commitment, express or implied, to maintain, continue or update any aspect of the Content or Services. The User acknowledges and agrees that Uprio shall not be held liable for any modification, suspension or discontinuation of Content or Services. Additionally, all prices for the Services are subject to change without prior notice.
9. PAYMENT TERMS AND REFUND
9.1 All payments made by the User for accessing services on the Platform shall be processed through a third-party payment gateway and such transactions will be governed by the terms and conditions of the respective payment gateway. By using the Platform, the User agrees to be bound by the payment gateway's terms and conditions, in addition to these Terms of Use.
9.2 The User shall be solely responsible for paying any fees, charges or costs associated with the use of the Platform and/or payment gateway. The User expressly agrees to pay the applicable fees and charges displayed on the screen at the time of transaction by clicking the "Accept," "Proceed," "Okay," or "Confirm" option.
9.3 The User is responsible for ensuring that all details provided for payment (including but not limited to credit card information, debit card details or other payment instruments) are accurate, complete and correct. In the event that incorrect payment information is provided, the User will be liable for any losses, additional charges or costs incurred due to such errors.
9.4 Uprio will not be held liable for any damages arising out of the use, inability to use or results from using the payment gateway, any websites linked to the payment gateway or any materials or information contained on such websites. This includes any claims based on warranty, contract, tort or any other legal theory, whether or not Uprio was advised of the possibility of such damages.
9.5 Uprio shall not be responsible for any downtime, delays or technical issues that may arise with the payment gateway or the Platform. In such cases, Uprio will not be liable for any losses or damages incurred by the User.
9.6 The User agrees not to hold Uprio liable for any issues or claims arising out of disputes with third-party payment gateways, banks or any other involved parties. In the event of any claims made by third parties (including payment gateway providers, financial institutions, merchants or governmental authorities) in relation to payments made or attempted by the User, the User agrees to indemnify and hold Uprio harmless from any such claims.
9.7 In the event of fraudulent, suspicious activities or incorrect invoicing or transactions conducted by the User, Uprio reserves the right to immediately suspend or close the User's account and take appropriate action as deemed necessary.
10. DISCLAIMER
10.1 The Platform, Services and all content, materials and information provided on or through the Platform (including text, graphics, documents and other elements) are provided on an "as is" and "as available" basis, with all faults and without any warranty of any kind. Uprio expressly disclaims all warranties and conditions, whether express, implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, timeliness and non-infringement. Uprio shall not be liable for any damages, including but not limited to, compensatory, direct, indirect, incidental, special, consequential or punitive damages arising from the use or inability to use the Platform, Services or any content or information provided. This includes, without limitation, loss of data, income or profits, damage to property or any third-party claims. This limitation of liability applies even if Uprio was advised of the possibility of such damages.
11. NO GUARANTEE OF ACADEMIC OUTCOMES
11.1 Uprio acknowledges that it makes no guarantee of specific academic outcomes, grades, or performance improvements resulting from the use of its Services. The success of any student depends on various factors, including but not limited to the student's effort, engagement, and external influences beyond the control of Uprio. The Company shall not be held responsible for any dissatisfaction with the academic performance, results, or success of the student following the use of the Services, nor for any perceived lack of improvement in academic performance, regardless of the services rendered.
12. INDEMNITY
12.1 You agree to indemnify, defend and hold harmless Uprio, its employees, directors, officers, agents, affiliates and their respective successors and assigns from any and all claims, damages, liabilities, losses, costs and expenses (including reasonable attorneys' fees) arising from: (a) Your use of the Platform and Services, including any loss or liability to Uprio or third parties; (b) Your breach of any warranties, representations or obligations under these Terms; (c) Any violation of applicable laws, including but not limited to failure to pay taxes, claims of libel, defamation or breach of privacy or publicity rights; and (d) Any infringement by you of Uprio's or any third party's intellectual property or proprietary rights.
12.2 This indemnity provision shall survive the termination or expiration of these Terms.
13. TERMINATION
13.1 You may terminate this Terms at any time by notifying us via email at info@uprio.com. If you cancel your Uprio Account, any confirmed enrollments will be automatically canceled and refunds (if applicable) will be processed according to the relevant cancellation policy.
13.2 Uprio reserves the right to terminate this Terms at its discretion by providing 30 days' notice to you via email at your registered email address.
13.3 Uprio may immediately terminate this Terms without notice if: (a) You materially breach these Terms or Uprio's Policies; (b) You provide inaccurate, fraudulent, outdated or incomplete information during registration or thereafter; (c) You violate any applicable laws or third-party rights; and (d) Uprio, in good faith, believes that such termination is necessary to protect the safety, security or property of other Users, Uprio or third parties, including for fraud prevention, risk assessment or investigation.
14. DATA PRIVACY AND PROTECTION
14.1 Uprio is committed to protecting your privacy. We do not sell, rent or share your User Information to third parties for marketing puposes without your explicit consent. All User Information is processed in accordance with our Privacy Policy, which is an integral part of these Terms. We store and process your User Information on secure servers located in India, protected by both physical and technological security measures to safeguard against unauthorized access, loss or alteration of data. We take reasonable steps to protect your information, but please be aware that no method of transmission over the internet or electronic storage is completely secure. If you do not agree with the way your User Information is handled, including its transfer or processing as described, you are advised not to use the Platform or Services. You can contact us for any further questions or concerns about the data protection practices.
15. MISCELLANEOUS
15.1 Severability: If any provision of this Terms is found to be invalid, illegal or unenforceable under applicable law, including but not limited to the warranty disclaimers and liability limitations, such provision shall be amended to reflect the closest valid and enforceable provision that aligns with the intent of the original provision. The remainder of the Terms shall remain in full force and effect.
15.2 Technical Requirements: Accessing and using the Services and the Platform requires an internet connection via your computer, smartphone or other mobile devices. You are solely responsible for any mobile carrier charges, data charges or text message charges incurred while accessing the Platform and Services, including any notifications or alerts that may be sent as part of the Services.
15.3 Assignment: This Terms, including the rights granted and obligations undertaken hereunder, may not be transferred, assigned or delegated by you. However, Uprio reserves the right to transfer, assign or delegate any of its rights or obligations under this Terms to any third party without prior notice or consent from you.
15.4 Waiver: Any failure by either party to enforce any provision of this Terms or a delay in exercising any right hereunder shall not be construed as a waiver of such provision or right. No waiver of any provision shall be deemed a continuing waiver, nor shall it create an expectation of non-enforcement of that or any other provision in the future.
15.5 Applicable Law: This Terms shall be governed by and construed in accordance with the laws of India. The Courts located in Bangalore, India shall have exclusive jurisdiction over any disputes arising from or in connection with this Terms. Uprio shall not be liable for any non-compliance with the laws of any country other than India.
By using the Platform and Services provided by Uprio, you acknowledge that you have read, understood and agree to be bound by these Terms of Use, including all terms, conditions and provisions contained above.