Terms of Use | EISdigital.com

Updated on: 05-Mar-2022 (previous version is available here)

The following Terms of Use - describe our practices through our mobile app and our software made available through the website (collectively, the “Service”).

Our relationship is governed by the EISdigital.com Legal and Policies, and may further be governed by separate additional terms (mentioned on proposal/agreement/quotation/invoice).

Terms Meaning

"EIS" or "EISDIGITAL" or "WWW.EISDIGITAL.COM" is an edtech product/website/service owned by company EZEON TECHNOSOLUTIONS PRIVATE LIMITED(aka "EZEON TECHNOLOGIES^®" or EZEON), 63, Zone-1, M.P. Nagar, Bhopal-462011, Madhya Pradesh, India, which is registered under COMPANIES ACT 2013, Ministry of Corporate Affairs, Government of India
The Terms “WE”, “OUR”, “US” refers to EISDIGITAL. And “COMPANY”, “FIRM”,“ORGANIZATION” refers to EZEON. In some cases "EISDIGITAL" may be referred as COMPANY in this document.
User means any person or entity who is visiting/browsing/using our app/website/erp, taking our services and using our products. Also referred as Customer/Client/Student/You.
The term "SCHOOL", "COLLEGE" or "INSTITUTE" or "INSTITUTION" or "TRAINING CENTER" or "COACHING CLASS" or "COACHING CENTER" or "COACHING INSTITUTE" or "TRAINING INSTITUTE"- all refers to the company/firm/organization delivering the training service. They are EISdigital customers
The Term "SERVICE" refers to the EISdigital and its features provided to manage the training related activities. The Service is designed to help our clients like instructors or training institute or school to use a range of learning/management tools with a closed group of their students, and to help instructors share their instructional content with their students and with others.

Overview

EISdigital is a SaaS based product, offers the learning and management tools - for educational institutions like Schools/Training Centers.
Discloser: This product access is available to schools/institutes through - (a) use our official domain and mobile app, (b) white-labeled domain/subdomain and mobile app own by institution. In both the cases primary backend services for mobile app are interacting to EISdigital.com domain/subdomain over secure communication (end-to-end encrypted). Also the data or content is stored safely as per the industry standard practices. Check our security practices here
We limit the information we collect or maintain, how we use it, and who we share it with, to what is needed for this educational service purpose.
Our business model is simple(SaaS and B2B) – We provide annual subscription to School/Institution/Coaching Academy to manage their student, learning and related training operations. We DO NOT charge to any student. The student/parent/institute-backoffice/institute-admin they all belongs to specific School/Institute. We are not in the business of selling information to third-parties, or of marketing or advertising for third-parties.
We apply data-protections for students under age 13 to address COPPA requirements, but almost all protections that we apply to child students we also extend to teen and adult students.

1. About the app

The EISdigital is All-IN-ONE integrated software helps you to TEACH, MANAGE & GROW the Training Institute. Streamline information management and align for better and quick decision making. It's ERP grade SaaS, EdTech solution perfectly fit for ONLINE / CLASSROOM / BLENDED learning models, with institute's mobile app.
The core features of the app includes Student Management, Learning Management, Fees Management, Attendance Management, Live Classes, Placement Management, HRM, Payroll, Communication and related features.
The intended users (belongs to school/institute) of the app are -
1. Student - for learning activities
2. Teachers (K-12 teachers, professors, corporate trainers) - for teaching
3. Parent/Guardian - for monitoring the students performance and related activities
4. Backoffice office team - for handling the business operations
5. Admin - for handling the global permissions, reports and analytics
Age Requirement: There is no specific age restriction to use our product/services. For Child Student its strongly recommended to use and monitored by parent. We take care of Child Student;COPPA policies.

2. Rules for Online Conduct; Acceptable Use; Community Guidelines

You agree that you are responsible for your own use of the Service and for all Content and Submissions (as such terms are defined below) that you provide to the Service.
You agree that you will use the Service in compliance with these Terms of Use, and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence
You will not attempt 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 by the Company.
You agree not to scrape, or otherwise download in bulk, any content from the Service, including but not limited to a list or directory of Users on the system, online Content, Submissions or User information.
You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account.
You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. If your account is a single user account, you must not knowingly allow others to use your account or password.
As a condition of your use of the Service, you agree that you will not use the Service in any manner intended to damage, disable, overburden or impair any computer server or the network(s) connected to any Company server or to interfere with any other party's use and enjoyment of the Service.
You may not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to any Company server through hacking, password mining or any other means.
You may not obtain or attempt to obtain any materials or information stored on the Service, its servers or associated computers through any means not intentionally made available through the Service.
You will not attempt to modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or the Company.
The following items are strictly prohibited on the Service:
1. Content that defames, harasses or threatens others
2. Content that discusses illegal activities with the intent to commit them
3. Content that infringes another's intellectual property, including, but not limited to, copyrights or trademarks
4. Profane, pornographic, obscene, indecent, offensive, inappropriate or unlawful content
5. Advertising or any form of commercial solicitation, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation
6. Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware or any other similar software that may damage the operation of another's computer or property
7. Content that contains intentionally inaccurate information or that is posted with the intent of misleading others
You agree not to misrepresent or attempt to misrepresent your identity while using the Service
If you violate these Rules of Conduct, your account may be suspended or terminated, and you may be subject to other consequences.

3. Content, Clips, Licenses & Options

Content consists of all information or materials submitted by Users to the Service and Support. Content could include presentations, readings(like doc/pdf/text/html), online-test and assignment and poll questions and responses, audio and video files, announcements, chats, Student submissions, audio captured in class discussions, etc.
Between Company and you, all Content that you submit to the Service is owned by you or your School/Institute. Company will use Content solely to provide the Service or as described in these Terms of Use. You can export or download your user-created Content, generally as a PDF/Image/Excel file, while your account is in good standing.
The content submitted by Students are private by default and are shared only as described in the Privacy Policy
Licenses to the Company for Content :
1. In order to provide the Service to you in accordance with these terms, we need certain licenses from you. For example, we need the right to publicly display/perform the work to allow us to display/play it on the computer monitor or mobile/tablet devices of any party (not mentioned yet). We need the right to reproduce the Content so that it can be saved to our servers. We need to create derivative works and modify the Content, for example, when transcoding an uploaded image/video into a format(like optimize the mp4 video/image) that will work most efficiently with the Service.
2. With respect to all Content, you hereby do and shall grant to the Company (and its successors, assigns, and third-party service providers) a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the Content SOLELY FOR THE PURPOSE of providing the Service to you and to Students approved by you. This license ends when you delete your Content or your account is closed (either by you, your School/institute or us).
License to other Users to use Content:
With respect to all Content, you hereby grant to each User who has access to it as a member of the Group (whether as an Instructor or Student or operation staff) or as a result of your sharing, a non-exclusive license to access and use your Content in connection with their use of the Service
Expiration and revocability of licenses:
This license ends when you delete your Content or your account is closed (either by you, your School/institute or us).
Content Responsibility:
1. By providing Content to the Service, you affirm, represent and warrant (i) that you have the necessary rights, licenses, consents and/or permissions to reproduce and publish the Content and to authorize the Company and Users to reproduce, modify, publish and otherwise use and distribute your Content in a manner consistent with the licenses granted by you herein, and that (ii) neither your providing the Content nor the exercise of the licenses granted herein will infringe or violate the rights of any third party. You, and not the Company, are solely responsible for your Content and the consequences of posting or publishing them
2. As to any images, audio recordings or videos that you have found through use of search tools included in the Service and wish to use hereunder as Content, you understand that such content was identified through use of third-party search and publishing functionality made available by Flickr, Bing, Google or another service provider, and that any use of such images or video is subject to the terms of use of such third party provider. You, and not the Company, are solely responsible for evaluating whether such content can be used as Content, and for any consequences of posting or publishing such content.
3. This section applies also to all Content that you share through the screen sharing features.
Consent to Recording of Discussions/Support Calls:
You acknowledge and consent that using the Service, all or a portion of the discussions may be recorded if recording is activated from the device. It may not be possible to locate or delete a given individual’s voice in such a recording.
Use of Content from Other Users:
Users will have access to certain Content displayed by the Service from other Users. You acknowledge that Content is subject to copyright law and may include personal information, and that you will not use any Content in any manner other than for your individual educational, non-commercial purposes. You may not reproduce, distribute, or otherwise use any Content in any other manner without express written permission from its owner. If you download or print a copy of any Content for personal use, you must retain all copyright and other proprietary notices that are on it. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content, or enforce limitations on use of the Service or the Content displayed or made available therein. You agree not to use any external tools to capture screen images, video or audio of Content for use outside of the Service.

4. Copyrights/License/Content Violation

Copyright/License owners who believe their material or content has been infringed on the Service should Contact Us here with necessary and sufficient details to analyze the matter. The Company’s designated copyright/license handling team will take the quick action.
The Company responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to the process set forth in the applicable law.
The Company will use commercially reasonable efforts to notify you if content that you submitted is removed or disabled for an alleged copyright/license violation.
The content in our platform is generated and solely owned by the respective school/institute. EIS team can approach as mediatory to resolve the issue between Copyrights/License owner and Institutions. In case of any compensation or claim, the respective institution/school has to bear it.

5. Ownership of the Service, Tools and Use of Third-Party Features

The Service, and all software and other technology used in providing the Service, is owned in all respects by the Company and its licensors, and may be used solely for the limited purpose of using the functionality of the Service in the manner permitted by these Terms of Use. Accordingly, you are hereby granted a limited, personal, revocable, non-assignable, non-sublicensable, non-transferrable and non-exclusive license to use the Services, and to install and use the Software, for the limited purpose of using the Services in accordance with your Account subscription and this agreement during the term of such subscription. User shall not attempt, nor permit any other party to attempt, to reverse engineer, copy, modify, distribute, sell or use the Service, or the underlying technology, in any manner other than as expressly permitted hereunder. You shall not remove or alter any Company or third-party copyright notices in the Service and included software.
Depending on your account type and subscription and desired functionality, certain software components, may need to be downloaded and installed on your computer. Such software may be automatically updated on your computer when a new version or feature is available.
In case of desktop components, the system checks your account privileges and loads certain software components into your computer’s memory for use while you are logged in also use your system resources like Disk, CPU,Internet.
Use of Third-Party Functionality:

You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Company uses these third-party services pursuant to contractual and privacy policy assurances that typically also include warranty disclaimers and limitation of liability terms.

Additionally, the Service may allow you to access third-party services/tools from vendors such as Google/YouTube/Microsoft/WhatsApp (or similar) through a link or embedded widget, components, including within content posted by another user. Your use of such third-party functionality is subject to the terms of use and conditions of such third-party vendors.

Where a user visits another site or service, the terms of use and privacy policies of that site or service apply, and not ours.

6. Disclaimer of Warranties

The Company does NOT guarantee/Warranty that
1. The Service will meet your specific requirements
2. The Service will be uninterrupted, timely, secure, or error-free
3. the results that may be obtained from the use of the Service will be accurate or reliable
4. The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations
5. any errors in the Service will be corrected
Company makes no guarantee that User information will be retained for any period.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2. Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk.
3. The Company further expressly disclaims any and all liability in connection with or arising out of content that is proprietary to third parties.
Exposure to Offensive Conduct or Content:
While the Company prohibits certain types of conduct and Content on the Service, you understand and agree that the Company cannot be responsible for the conduct of Users or the Content posted by Users, and that you may be exposed to conduct or Content which do not conform to the Company’s requirements. You agree to use the Service at your own risk.
Links to Other Sites:
The Service may include links to sites maintained or controlled by others. The Company is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites. If you decide to access linked third-party websites, you do so at your own risk.

7. Limitation of Liability

You expressly understand and agree that the company and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from any matter relating to your use of the service. In any event, the Company’s total and maximum liability to you for any claim for damages in connection with the subject matter of this agreement shall be limited to direct damages not to exceed $65 (approx. INR 5000/-).
The Company shall have no liability with respect to any content being accessed through the use of the service, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, a security breach, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
You acknowledge and agree that the disclaimers, exclusions and limitations in this license constitute essential elements of this agreement and in the absence of those elements: (a) the terms in this agreement would be substantially different; and (b) Company's ability to offer and your ability to obtain the Service or any portion thereof under this agreement would be impaired.

10. General Provisions

Your school or institute may have additional or separate agreements, policies and terms. The institution is responsible anything wrong/unlawful act, in their service.
These Terms and Policies and any rights and licenses granted hereunder may not be transferred or assigned by you, and there shall be no third-party beneficiaries to this agreement.
Jurisdiction Area and Forum: The area of foregoing are subject to the laws of the Republic of India and the courts in Bhopal (Madhya Pradesh), India shall have the exclusive jurisdiction on any dispute that may arise out of the use of the Service.
Class Action Waiver: Any proceedings to resolve or litigate any dispute in forum will be conducted solely on an individual basis. Neither you nor Company will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings
Waiver and Severability of Terms and Policies: The failure of the Company to exercise or enforce any right or provision of these Terms of Use and Policies shall not constitute a waiver of such right or provision. If any provision of the Terms of Use / Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use/Policies remain in full force and effect.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use/Policies must be filed within one (1) year(only during the active subscription) after such claim or cause of action arose or be forever barred.
Contact Info.: Contact Us or email to contact[at]ezeon[dot]net