Terms of Service
Effective Date: 06-Jul-2025. Last Updated: 06-Jul-2025
Welcome to TrustMitra. By accessing or using our software and services, you agree to these Terms of Service ("Terms"). If you do not agree, do not use the services.
1. Definitions
- "TrustMitra" / "we" / "our" / "us" refers to TrustMitra, the provider of the software and related services, registered and operating under the laws of India.
- "User" / "you" / "your" refers to the institution, its authorized representatives, administrators, or users who access or use the services, and who are legally competent to enter into binding contracts under the Indian Contract Act, 1872.
- "Services" means the school/coaching management software and all associated tools, features, and support provided by TrustMitra, as described on our website and in any executed agreements.
2. Eligibility and Authority
- You represent and warrant that you are duly authorized by your institution to enter into and bind your institution to these Terms, and that you have obtained all necessary consents and approvals as required under applicable Indian laws.
- You agree to comply with all applicable laws, rules, and regulations of India, including but not limited to the Information Technology Act, 2000, and any rules framed thereunder.
3. Permitted Use
- You shall use the services solely for lawful educational management purposes in accordance with these Terms and all applicable Indian laws.
- You shall not misuse the platform, including but not limited to unauthorized access, distribution of malware, infringement of intellectual property, or engagement in any activity prohibited by law.
- You shall not copy, distribute, modify, reverse-engineer, decompile, or create derivative works of any part of the software, except as expressly permitted by law or by written consent from TrustMitra.
4. Account Responsibility
- You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account, whether authorized or unauthorized.
- You agree to immediately notify TrustMitra in writing of any unauthorized use of your account or any other breach of security, and you shall cooperate with TrustMitra in investigating and remedying any such incidents.
- TrustMitra shall not be liable for any loss or damage arising from your failure to comply with these obligations.
5. Data Ownership and License
- Your Data: All data entered or uploaded by you, including student, staff, and institutional data, shall remain your exclusive property, subject to applicable Indian data protection laws.
- License to Us: You grant TrustMitra a non-exclusive, royalty-free, worldwide license to use, process, store, and transmit your data solely for the purpose of providing, maintaining, and improving the services, in compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
- TrustMitra shall not sell, rent, or disclose your data to any third party except as required by law, by court order, or with your explicit written consent.
6. Intellectual Property
- All intellectual property rights, including but not limited to copyrights, trademarks, patents, and trade secrets, in and to the TrustMitra services, software, user interface, logos, and documentation, are and shall remain the exclusive property of TrustMitra.
- Except as expressly provided in these Terms, no license or right is granted to you, and any unauthorized use, reproduction, or distribution is strictly prohibited and may result in civil and/or criminal liability under Indian law.
7. Fees and Payment
- If you subscribe to paid services, you agree to pay all applicable fees as invoiced by TrustMitra, in accordance with the payment terms specified in the invoice or agreement.
- Failure to pay fees within the stipulated time may result in suspension or termination of your access to the services, and TrustMitra reserves the right to recover any outstanding amounts as per applicable Indian laws.
- All fees paid are non-refundable unless expressly stated otherwise in writing by TrustMitra or as required by Indian law.
8. Termination and Suspension
- TrustMitra reserves the right to suspend or terminate your access to the services with immediate effect if you breach these Terms, misuse the services, or create a security or legal risk, without prejudice to any other rights or remedies available under law.
- You may terminate your use of the services by providing written notice to TrustMitra, subject to the settlement of any outstanding dues and compliance with these Terms.
9. Disclaimers
- The services are provided on an "as is" and "as available" basis, without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permitted by Indian law.
- TrustMitra does not warrant that the services will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.
- TrustMitra shall not be liable for any loss of data, delays, or service interruptions caused by factors beyond its reasonable control, including force majeure events as recognized under Indian law.
10. Limitation of Liability
- To the maximum extent permitted by applicable law:
- TrustMitra shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, profits, goodwill, or business opportunity, arising out of or in connection with the use or inability to use the services.
- The total aggregate liability of TrustMitra for any and all claims arising out of or related to these Terms shall not exceed the total fees paid by you to TrustMitra in the twelve (12) months preceding the claim.
11. Indemnification
- You agree to indemnify, defend, and hold harmless TrustMitra, its affiliates, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your breach of these Terms or any applicable law;
- Your misuse or unauthorized use of the services;
- Any data, content, or information provided or uploaded by you that infringes the rights of any third party or violates any law.
12. Confidentiality
- You agree not to disclose, publish, or disseminate any confidential information relating to the services, including but not limited to pricing, features, technical details, or business operations, to any third party without the prior written consent of TrustMitra, except as required by law.
13. Governing Law and Jurisdiction
- These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
- Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts at Delhi, India.
14. Changes to Terms
- TrustMitra reserves the right to modify or amend these Terms at any time. Significant changes will be notified to you via email or through the services. Your continued use of the services after such notification shall constitute your acceptance of the revised Terms.
15. Entire Agreement
- These Terms, together with any executed service agreements, constitute the entire agreement between you and TrustMitra with respect to the subject matter hereof, and supersede all prior or contemporaneous understandings, communications, or agreements, whether written or oral.
16. Contact
- For any questions, notices, or legal communications, please contact:
- TrustMitra
- [Your Business Address]
- Email: [insert email, e.g., [email protected]]
- Phone: [insert phone number]