Terms of Service

1. About these terms

These Terms of Service (the "Terms") govern access to and use of the Quala Labs platform, including the principal console, the teacher dashboard, the student workspace, the examination client, live classes, assignments and any related website, software or support (together, the "Service").

The Service is provided by Quala Labs, an enterprise registered in India ("Quala Labs", "we", "us"). The Terms form a binding agreement between Quala Labs and the school, college or educational organisation that registers for the Service (the "School", "you").

By registering a school, accepting these Terms in the console, or using the Service, the person doing so confirms that they are authorised to bind the School. If you are not authorised, do not register or use the Service on the School's behalf.

2. Definitions

Authorised User

A principal, administrator, teacher or student given access to the Service by the School.

School Data

All information the School or its Authorised Users submit to the Service, including student and staff details, questions, code, submissions, marks and recordings.

Plan

The subscription tier the School has chosen (Basic, Pro, Premium or Enterprise), as described on our pricing page or in an order form.

Subscription Period

The period the School has paid for, shown in the principal console.

3. Accounts and access

• Registration. A School registers on qualalabs.com. Every registration is reviewed by a person before the School is approved, and we may decline a registration that we cannot verify.
• Administrators. The School's principal or nominated administrator controls the School's account, creates teacher and student accounts, and decides who has access.
• Credentials. Each Authorised User must keep their password confidential. Accounts are personal and must not be shared. Tell us immediately at support@qualalabs.com if you believe an account has been compromised.
• Students. Students use the Service under the School's supervision and authority. The School is responsible for obtaining any consent required from parents or guardians before students use the Service, as described in our Data Processing Addendum.
• Responsibility. The School is responsible for the activity of its Authorised Users and for ensuring they follow these Terms and our Acceptable Use Policy.

4. Free trial

Every newly approved School receives a fourteen-day trial on the Basic plan. No payment card is collected. When the trial ends, access to the Service pauses until the School chooses a Plan. School Data entered during the trial is kept, so the School can continue where it left off.

5. Plans, fees and payment

• Prices. Fees are set out on our pricing page or in an order form agreed with us. The price shown is the price the School pays. If we become required to charge Goods and Services Tax, the advertised price will be treated as inclusive of it unless we tell you otherwise before you pay.
• Payment in advance. Plans are bought in advance for one or more months. Payments are processed by our payment partner, Razorpay. We do not see or store full card or bank details.
• No automatic renewal. A Plan ends on the date shown in the console unless the School extends it. The principal console always shows how much of the Subscription Period remains.
• Invoices. We email an invoice for every payment to the School's registered address.
• Usage limits. Each Plan includes the student, teacher, device and storage allowances described on the pricing page. If the School needs more, contact us and we will agree the right arrangement.
• Changes of plan. An upgrade takes effect immediately. A move to a smaller Plan takes effect at the end of the current Subscription Period.
• Price changes. We may change our prices for future Subscription Periods. A change never affects a period the School has already paid for, and we will give at least thirty days' notice.
• Refunds. Refunds are governed by our Refund & Cancellation Policy.

6. School Data

• Ownership. As between the School and Quala Labs, the School owns all School Data. Students' work remains theirs and their School's.
• Our role. For School Data, the School is the Data Fiduciary and Quala Labs is the Data Processor under the Digital Personal Data Protection Act, 2023. We process School Data only to provide, secure and support the Service and only on the School's instructions, as set out in the Data Processing Addendum, which forms part of these Terms.
• Licence to us. The School grants Quala Labs a limited licence to host, copy, run, display and process School Data solely to provide the Service. We do not sell School Data and do not use it for advertising.
• Export and deletion. The School may export its data from the console and may ask us to delete it at any time, subject to the retention set out in our Privacy Policy.

7. Our intellectual property

The Service, including its software, design, question formats, interfaces, logos and documentation, belongs to Quala Labs and its licensors. Subject to these Terms and payment of the applicable fees, we grant the School a non-exclusive, non-transferable right for its Authorised Users to use the Service for the School's own educational purposes during the Subscription Period. Nothing in these Terms transfers ownership of the Service to the School.

If the School sends us suggestions or feedback, we may use them to improve the Service without obligation to the School.

8. Acceptable use

The School and its Authorised Users must use the Service lawfully and in line with our Acceptable Use Policy. We may suspend access that breaches it where necessary to protect the Service, other schools or students, and we will tell the School why.

9. AI features

Some Plans include features that use artificial intelligence, such as marking assistance, question drafting and hints for students. These features are governed by our AI Terms. AI output is a suggestion for a teacher to review. It is never a final mark or decision.

10. Availability and support

We work to keep the Service available and secure, and we schedule maintenance outside school hours wherever we can. The Service depends on networks, devices and third-party infrastructure outside our control, so we do not guarantee that it will be uninterrupted or error-free. Support is available by email at support@qualalabs.com on Indian working days.

11. Warranties and disclaimers

Each party confirms that it has the authority to enter into these Terms. Quala Labs will provide the Service with reasonable skill and care. Except as stated in these Terms, the Service is provided "as is" and "as available", and to the extent permitted by law we exclude all other warranties, whether express or implied. Tools that flag possible misconduct, such as suspicion detection and tab-switch records, are aids to a teacher's judgement and do not by themselves establish that a student has done anything wrong. See our Disclaimer.

12. Limitation of liability

To the extent permitted by law, neither party is liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue or goodwill. Each party's total liability arising out of or in connection with these Terms in any twelve-month period is limited to the fees paid by the School to Quala Labs in that period. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud.

13. Indemnity

The School will indemnify Quala Labs against claims by third parties arising from School Data the School had no right to submit, or from a breach of these Terms or the Acceptable Use Policy by the School or its Authorised Users.

14. Term, suspension and termination

• These Terms apply from the moment the School registers and continue while the School has an account.
• The School may stop using the Service at any time. A Plan simply ends at the close of its Subscription Period if it is not extended.
• We may suspend or terminate access if the School materially breaches these Terms and does not remedy the breach within fifteen days of our notice, or immediately where this is necessary to protect students, other schools or the security of the Service.
• When an account closes, the School can export its data for thirty days. After that we delete or return School Data as described in the Data Processing Addendum, except where the law requires us to keep it.

15. Changes to these terms

We may update these Terms as the Service and the law develop. Every version is numbered and dated. For material changes we will notify the School's administrator by email or in the console at least thirty days before they take effect. Continued use of the Service after that date means the School accepts the updated Terms.

16. Governing law and disputes

These Terms are governed by the laws of India, including the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023 and the Consumer Protection Act, 2019, where applicable. The parties will first try in good faith to resolve any dispute through discussion. Subject to that, the courts at New Delhi, India have exclusive jurisdiction.

17. General

These Terms, together with the documents they refer to and any order form, are the entire agreement between the parties about the Service. If any provision is found unenforceable, the rest remains in effect. A failure to enforce a right is not a waiver of it. Neither party may assign these Terms without the other's consent, except to a successor of its business. Notices to Quala Labs should be sent to support@qualalabs.com or by post to Quala Labs, 51-E, Ujjwal Residency, Mayur Vihar Phase 3, Delhi 110096, India.