These Terms of Service (“Terms”) form a binding agreement between you and NivShiksha Nurture Private Limited, a company incorporated under the Companies Act, 2013 (CIN: U85500KA2026PTC221293), having its registered office at Electronics City, Bangalore South, Bangalore – 560100, Karnataka (the “Company”, “we”, “us”, or “our”), and govern your access to and use of the NivShiksha mobile application, website, and related services (collectively, the “Service”). By creating an Account, or by accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, please do not use the Service.
1. Definitions
To keep these Terms clear and consistent, the following defined terms are used throughout:
- “Account” means a registered user profile on the Service.
- “Applicable Law” means all applicable statutes, regulations, rules, and orders of any competent governmental, regulatory, or judicial authority in India, including the DPDP Act, the DPDP Rules, the Information Technology Act, 2000, and the Consumer Protection Act, 2019.
- “Child” means a natural person who has not completed eighteen (18) years of age, consistent with the Digital Personal Data Protection Act, 2023 (“DPDP Act”).
- “Content” means all questions, explanations, hints, audio, images, text, designs, software, and other materials made available through the Service, whether created by the Company or its licensors.
- “Data Fiduciary” and “Data Processor” have the meanings given to those terms under the DPDP Act and refer respectively to the Company (as the entity determining the purpose and means of processing) and to third parties processing Personal Data on the Company’s instructions.
- “Parent” means a parent or lawful guardian of a Child.
- “Personal Data” has the meaning given to it under the DPDP Act and means any data about an individual who is identifiable by or in relation to such data.
- “Privacy Policy” means the Company’s privacy policy, as published on the Service and amended from time to time, which describes how the Company collects, uses, shares, and protects Personal Data.
- “School” means an educational institution that has entered into a separate institutional agreement with the Company.
- “Service” or “Services” means the NivShiksha mobile application, website, and all related features, content, and functionality made available by the Company, as they may evolve from time to time.
- “Subscription” means a paid plan (Premium or School plan) that entitles a User to access defined features of the Service for a specified period, as further described in Clause 4.
- “User”, “you” means any person who accesses or uses the Service, including Parents, students, teachers, and School administrators.
- “User Content” means any content, materials, or information (including, where applicable, profile photographs, comments, or feedback) submitted, uploaded, or posted by a User through the Service.
2. Service Description
NivShiksha is an educational technology platform for students that offers practice exercises, mock tests, championships, adaptive learning paths, gamified progress tracking, and analytics across various subjects. The Service is provided on an “as available” basis and may evolve over time. The Company reserves the right, at its discretion, to modify, introduce, suspend, or discontinue any feature or functionality of the Service from time to time, subject to Applicable Law and, where appropriate, prior notice to Users under Clause 14.
3. Eligibility and Accounts
3.1 Child accounts. Accounts for Children must be created and consented to by a Parent, or by an authorized School administrator acting under a valid institutional agreement. Children may not independently register without verifiable parental consent as required under Section 9 of the DPDP Act.
3.2 Parent/adult eligibility. Parents and other adult Users must be at least eighteen (18) years of age and capable of forming a binding contract under the Indian Contract Act, 1872.
3.3 Responsibilities of Parents, Schools and Users. Parents, Schools, and Users are each responsible, within their respective roles, for creating Accounts accurately and in good faith, for maintaining the currency and accuracy of the information provided (including a Child’s name, date of birth, class/grade, and school details), and for ensuring that only individuals authorized to do so create or manage an Account on a Child’s behalf. Providing false, misleading, or inaccurate information, or creating an Account without the requisite authority or consent, may result in suspension or termination of the Account under Clause 13, without prejudice to any other rights or remedies available to the Company.
3.4 Accurate information. You agree to provide accurate, current, and complete information and to keep it updated.
3.5 Account security. You are responsible for safeguarding your credentials and for all activity under your Account. Notify us immediately at hello@NivShiksha.com of any unauthorized access. We may suspend or terminate Accounts engaged in suspicious or abusive activity.
4. Subscriptions, Fees and Payments
4.1 Plans. The Service offers an Intro tier (limited practice and daily challenges), a basic tier and a Premium tier (full access to features, mock tests, championships, and analytics), and School plans (institutional pricing with admin dashboards and bulk enrolment).
4.2 Billing. Consumer payments are processed by Razorpay in Indian Rupees (INR). In-app purchases made through the Apple App Store or Google Play are processed by those platforms and are subject to their terms. Fees are billed as disclosed at the time of purchase (monthly or annually) and are inclusive of applicable GST unless stated otherwise.
4.3 Auto-renewal. Unless cancelled before the end of the then-current billing period, a Subscription will automatically renew for a further period of the same duration, at the then-applicable fee, and the payment method on file (or the relevant app store account) will be charged accordingly. Users will be notified of upcoming renewal in accordance with Applicable Law and the policies of the relevant app store, where applicable.
4.4 Failed payments. If a payment is not successfully processed on the renewal date, we may retry the charge, suspend access to paid features until payment is received, and, if payment is not received within a reasonable period, downgrade the Account to the intro tier.
4.5 Taxes. All fees are exclusive of, or inclusive of (as stated at the time of purchase), applicable taxes, including GST, which the User is responsible for to the extent not already included in the stated price.
4.6 Free trial. A fourteen (14) day free trial is offered so that you can evaluate the Service before paying. No card is required to start the trial.
4.7 Promotional offers. From time to time, the Company may offer promotional pricing, discount codes, or limited-time offers, which are subject to such additional terms as may be specified at the time of the offer, including eligibility criteria and expiry.
4.8 Modification or discontinuation of plans. The Company may, on reasonable prior notice, modify the features included in a Subscription tier, introduce new tiers, or discontinue an existing tier, provided that such changes will not reduce the features available to a User for a billing period already paid for.
4.9 Refunds. Because the trial lets you assess the Service risk-free, paid plans are non-refundable once purchased, except (a) where required by Applicable Law, or (b) where the Company, in its discretion, determines that a refund is warranted, including in cases of a demonstrable and material service failure attributable to the Company. Subscriptions purchased through the Apple App Store or Google Play are governed by those platforms’ refund policies.
4.10 Cancellation. You may cancel at any time from the app settings. Access continues until the end of the current billing period, after which no further charges apply.
4.11 Price changes. We may change fees on prospective notice. Changes will not affect the billing period already paid for.
5. Acceptable Use
You agree not to:
- share Account credentials with unauthorized people;
- extract, scrape, harvest, copy, or reverse-engineer the Content or question banks, whether manually or via automated means;
- use the Service other than for personal, non-commercial, educational use (or, for Schools, as permitted by the institutional agreement);
- engage in cheating, or use unauthorized aids, during any assessment, mock test, or championship, including the unauthorized use of artificial intelligence tools, chatbots, or automated solvers to generate answers during a timed or evaluated activity;
- create fake, duplicate, or impersonated Accounts, or misrepresent your identity, age, or affiliation;
- upload, transmit, or introduce any virus, malware, or other malicious code, or any content that is unlawful, defamatory, obscene, or infringes the intellectual property or other rights of any third party;
- interfere with, disrupt, or place undue load on the Service or its infrastructure;
- circumvent security, rate limits, or access controls; or
- engage in any activity that compromises, or is likely to compromise, the integrity, security, or fair use of the Platform, or that otherwise violates any Applicable Law.
Consequences of Violation
Any violation of this Clause may, depending on the nature and severity of the violation, result in one or more of the following actions by the Company:
(a) immediate suspension or termination of the relevant Account, without prejudice to any rights available to the Company under these Terms or Applicable Law;
(b) cancellation or invalidation of any assessment, championship, ranking, score, certificate, badge, prize or reward obtained or affected through such violation;
(c) withholding, cancellation or recovery of any prize, reward or benefit obtained through cheating, fraud, manipulation or other misconduct;
(d) restriction or prohibition of the User’s participation in future assessments, championships, competitions or other features of the Service;
(e) recovery of losses, costs, damages or expenses suffered or incurred by the Company as a result of the violation, to the extent legally recoverable; and
(f) where the conduct involves fraud, unauthorised access, intellectual property infringement, cyber abuse, cheating involving unlawful means, or any other conduct that may constitute an offence, the Company may report the matter to the appropriate law-enforcement or regulatory authorities and/or initiate such civil or criminal proceedings as may be available under Applicable Law.
The exercise of any of the above rights shall be without prejudice to any other rights or remedies available to the Company under the Terms or Applicable Law.
6. Intellectual Property
6.1 Ownership. All Content and the Service are owned by the Company or its licensors and are protected by the Copyright Act, 1957, the Trademarks Act, 1999, and other Applicable Law. “NivShiksha” and associated logos are trademarks of the Company.
6.2 Licence to you. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for personal or educational purposes only.
6.3 Restrictions. You may not reproduce, distribute, publicly display, sell, sublicense, or create derivative works from the Content, except as expressly permitted.
6.4 User-Generated Content. Where the Service permits Users to upload or submit User Content, such as a profile photograph, comment, or feedback, the User retains ownership of such User Content but grants the Company a worldwide, royalty-free, non-exclusive licence to host, store, reproduce, and display it solely for the purpose of operating and improving the Service. The Company may remove or refuse to display any User Content that it reasonably considers to violate these Terms or Applicable Law. Users must not upload User Content that they do not have the right to share, or that infringes any third party’s rights.
6.5 Feedback. If you provide suggestions or feedback, you grant us a perpetual, royalty-free licence to use them without obligation to you.
7. Championships, Rewards and Fair Play
7.1 Participation. Championship participation requires an active Account and, for Children, is subject to the eligibility criteria published for the relevant championship from time to time (for example, grade or age bands).
7.2 Evaluation. Results and rankings are determined by the Company’s scoring algorithms and evaluation methodology as disclosed for the relevant championship, and are final, save as provided in Clause 7.4.
7.3 Fair play and disqualification. We may disqualify participants who violate fair-play rules (for example, using external aid or unauthorized tools during timed assessments, as further described in Clause 5), and the Company reserves the right to verify a participant’s eligibility, including their grade, age, or School affiliation, at any stage before or after a championship.
7.4 Review mechanism. A participant (or their Parent) who disputes a disqualification or scoring outcome may raise the matter with the Company through the contact details in Clause 17 within 7 days of the result being published, and the Company will review the matter and communicate its decision within a reasonable time.
7.5 Prize and reward distribution. Where a championship or activity carries a certificate, badge, medal, or other reward, eligibility for that reward is subject to verification by the Company, and the Company reserves the right to withhold, modify, or reclaim a reward found to have been obtained through a breach of these Terms. Certificates, badges, and rankings are for personal recognition only and carry no monetary value, unless expressly stated otherwise for a specific reward or prize.
7.6 Modification or withdrawal of competitions. The Company may, at its discretion, modify the format, timing, rules, or prizes of a championship, or withdraw a championship altogether, before or during its conduct, where necessary for operational, integrity, or legal reasons, and will make reasonable efforts to notify affected Users of any material change.
8. Parent Dashboard and Educational Reports
Where the Service offers a parent dashboard, a Parent may access educational reports, assessment results, achievements, learning progress, and screen-time information relating to their Child, solely for the purpose of monitoring the Child’s educational activities. Use of such information, and the manner in which it is collected and processed, is further described in the Privacy Policy.
9. Parent Referral Programme
Where the Company operates a parent referral programme, participation is subject to such additional terms as may be published for that programme, including eligibility to participate, the referral benefit offered, and the manner of its distribution. The Company reserves the right to withhold, cancel, or reclaim a referral benefit obtained through misuse of the programme, fraudulent referrals, or any other breach of these Terms, and to modify or discontinue the programme at its discretion, on reasonable notice.
10. Data Protection and Privacy
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, share, and protect Personal Data in accordance with the DPDP Act and the DPDP Rules, including verifiable parental consent for Children. By creating an Account or using the Service, you (or, for a Child, the Parent providing consent) expressly acknowledge that you have reviewed the Privacy Policy and that the processing of Personal Data in connection with the Service is governed by the Privacy Policy, as amended from time to time. The Privacy Policy is incorporated into these Terms by reference, and Users are encouraged to review it separately and periodically.
11. Third-Party Services
The Service relies on third-party processors and service providers (for example, Supabase, Razorpay, Sentry, and Google) acting on our instructions, as well as payment gateways and app-store platforms through which certain purchases are processed. Your use of certain features may be subject to those providers’ own terms, which the Company encourages you to review. While the Company takes reasonable care in selecting its third-party providers, the Company is not responsible for the acts, omissions, downtime, or policies of third-party websites, payment gateways, or services that it does not control, except to the extent required under Applicable Law. The Company may change, replace, or discontinue any third-party integration from time to time, and will make reasonable efforts to ensure such changes do not materially disrupt the Service.
12. Service Availability and Maintenance
The Company may temporarily suspend access to all or part of the Service for scheduled or emergency maintenance, upgrades, security reasons, or other operational reasons, and will endeavor to provide advance notice where practicable. The Company shall not be liable for any unavailability of the Service arising from such maintenance, subject to Clause 14.
13. Beta Features
The Company may, from time to time, make available features that are identified as beta, early-access, or experimental. Such features are provided for testing purposes, may be modified or withdrawn at any time without notice, may not function as intended, and are provided without the warranties otherwise applicable to the generally available Service, to the maximum extent permitted by Applicable Law.
14. Disclaimers
The Service and Content are provided “as is” and “as available” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that educational outcomes will be achieved.
15. Limitation of Liability
To the maximum extent permitted by Applicable Law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of data, goodwill, or profits, including in connection with data loss, service interruptions, or the acts, omissions, or failures of third-party service providers referred to in Clause 11. The Company’s aggregate liability arising out of or relating to the Service shall not exceed the total amount you paid to the Company in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under Applicable Law, including any statutory liability of the Company as a Data Fiduciary under the DPDP Act, and this Clause is subject to Clause 16 (Force Majeure).
16. Force Majeure
The Company shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from causes beyond its reasonable control, including acts of God, natural disaster, pandemic, war, civil unrest, governmental action, internet or telecommunications failure, or failure of a third-party service provider, for so long as such cause persists.
17. Indemnity
You agree to indemnify and hold harmless the Company and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your breach of these Terms or misuse of the Service.
18. Suspension and Termination
18.1 Grounds. We may suspend or terminate your access to the Service, in whole or in part, where you breach these Terms, where required by Applicable Law, where an Account is found to have been created without proper authority or consent, or where continued access poses a risk to the security, integrity, or fair use of the Platform.
18.2 Procedure. Save in cases of urgent risk to the Service or its Users, the Company will make reasonable efforts to notify the affected User of the grounds for suspension or termination and offer a reasonable opportunity to respond before the action takes effect.
18.3 Consequences. On suspension or termination, (a) any active Subscription will be handled in accordance with Clause 4, including that no further charges will be made for periods after termination, without prejudice to fees already due for the period preceding termination; (b) access to educational records and progress data associated with the Account may be restricted, though such data will continue to be handled in accordance with the Privacy Policy; (c) Personal Data associated with the Account will be deleted or retained strictly in accordance with the retention provisions of the Privacy Policy; and (d) where an Account has been suspended (rather than terminated), the Company may, at its discretion and upon the underlying issue being resolved, restore access to the Account.
18.4 Your right to stop using the Service. You may stop using the Service at any time. Upon termination, the licences granted to you cease; clauses that by their nature should survive (including Intellectual Property, Disclaimers, Limitation of Liability, Force Majeure, Indemnity, and Governing Law) will survive.
19. Electronic Communications
You agree that the Company may communicate with you electronically, including by email, in-app notification, or other electronic means, and that such electronic communications, and your electronic acceptance of these Terms or any related policy, satisfy any requirement that such communications or acceptance be in writing, to the extent permitted under Applicable Law.
20. Changes to the Terms
We may modify these Terms from time to time. Material changes will be notified via in-app notice or email. Your continued use after the changes take effect constitutes acceptance.
21. Assignment
The Company may assign or transfer these Terms, and its rights and obligations hereunder, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, on notice to Users where required by Applicable Law. A User may not assign or transfer their rights or obligations under these Terms without the Company’s prior written consent.
22. Severability and Waiver
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be deemed modified to the minimum extent necessary to make it valid and enforceable. No failure or delay by the Company in exercising any right under these Terms shall operate as a waiver of that right, nor shall any single or partial exercise of a right preclude any other or further exercise of that or any other right.
23. Entire Agreement
These Terms, together with the Privacy Policy and any other policy expressly incorporated by reference (including any institutional agreement applicable to a School), constitute the entire agreement between you and the Company regarding the Service, and supersede any prior agreements or understandings, whether written or oral, relating to the subject matter herein.
24. Governing Law and Dispute Resolution
24.1 Governing law. These Terms are governed by the laws of India.
24.2 Jurisdiction. Subject to Clause 24.3, the courts at Bengaluru, Karnataka shall have exclusive jurisdiction.
24.3 Arbitration. Any dispute not resolved amicably within thirty (30) days may, at the Company’s option, be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996, seated at Bengaluru, in English.
25. Grievance Officer
In accordance with Applicable Law, including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, complaints may be addressed to:
- Grievance Officer: Onkar Nath Kesherwani
- Email: grievance@NivShiksha.com
- Address: NivShiksha Nurture Private Limited, Electronics City, Bangalore South, Bangalore – 560100, Karnataka
26. Contact
NivShiksha Nurture Private Limited
Email: hello@NivShiksha.com | Website: https://NivShiksha.com