Terms of Service
By using the Serosoft Websites including www.serosoft.com or www.academiaerp.com (“Sites”) but not limited or Academia ERP software instance provided to you which is available online at the custom URL like www.xyz.academiaerp.com (“Service”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
“The Service provider” is Serosoft Solutions Private Limited, a private limited company established under the Companies act of 1956 India having its registered office at 506-509, MILINDA MANOR, 2, R.N.T. MARG, OPP. CENTRAL MALL INDORE-452001 (M.P.) INDIA
We may, from time to time, modify these Terms. Please check the updated terms of service at www.serosoft.com/terms-of-service or www.academiaerp.com/terms-of-service periodically. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the “Service” and “Sites”. The updated Terms will take effect upon their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you, and except as provided in the Mandatory Arbitration and Class Action Waiver section of these Terms. Your continued use of the Service and Websites after any such update constitutes your acceptance of such changes.
Violation of any of the terms below will result in the termination of your Account. While the service provider prohibits such conduct and Content on the Service, you understand and agree that the service provider cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Serosoft and Academia have four different types of users depending on the product/services used:
We call users of the Websites “Site Visitors.”
We call users who use the Academia ERP service which is further classified as
- “Students” at our customer which is an educational institution.
- “Parents” of these students
- “Employees” of our customer which is an educational institution.
The Service features and functionalities available to these users are determined by the subscription tier and the specific terms agreed to between Serosoft and the customer that entered into a separate agreement that governs delivery, access, and use of the Service (the “Customer Agreement”).
You agree that this Terms of Service Agreement and the relationship between the parties shall be exclusively governed by the laws of the Republic of India without regard to conflict of law principles, or international conventions. The exclusive jurisdiction for any dispute resolution is the Indore High court in the Madhya Pradesh state of India.
You must provide your legal full name, a valid email address, and any other information requested by your institution (our Customer) in order to complete the signup process.
Your login may only be used by one user – a single login shared by multiple people is not permitted. You may create separate logins for as many users as your plan allows.
You are responsible for maintaining the security of your account and password. The service provider cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You undertake to maintain full confidentiality over the passwords related to the Service and the user account. If you become aware of any unauthorized use of its password or of the user account, you must notify Serosoft immediately at [email protected]
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by your institution).
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You undertake not to harass, threaten, abuse, or harm the Service Provider or other users of the Service in any way.
By registering, you agree that you are fully responsible for all activities that occur under your user name and password. We may assume that any communications we receive under your account have been made by you. If you are a billing owner, an administrator, or if you have confirmed in writing that you have the authority to make decisions on behalf of our Customer (“Account Administrator”), you represent and warrant that you are authorized to make decisions on behalf of the Customer and agree that Serosoft is entitled to rely on your instructions.
Our Proprietary Rights
The Service and Websites are owned and operated by Serosoft and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by Serosoft and its partners, as well as other sources, and are protected by Indian copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws.
You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service and Websites. You acknowledge that the Service and Websites have been developed, compiled, prepared, revised, selected, and arranged by Serosoft and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute the valuable intellectual property of Serosoft and such others. You agree to protect the proprietary rights of Serosoft and all others having rights in the Service and Websites during and after the term of these Terms and to comply with all written requests made by Serosoft or its suppliers and licensors (collectively, “Suppliers”) of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Service and Websites. You agree to notify Serosoft immediately upon becoming aware of any claim that the Service and Websites infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Service and Websites shall, as between you and Serosoft, at all times be and remain the sole and exclusive property of Serosoft. Any unauthorized use of any material contained on or through the Service and Websites may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Among other things, the Service Provider does not represent and warrant to the user that:
- the user’s use of the Service will meet the user’s requirements;
- the user’s use of the Service will be uninterrupted, timely, secure, or free from error;
- any information obtained by the user as a result of the user’s use of the Service will be accurate, correct, reliable and up to date;
- defects in the operation or functionality of the Service will be corrected.
- No warranties (incl. for satisfactory quality, fitness for purpose, or conformance with description) apply to the Service except to the extent expressly stipulated in the Agreement.
- The Service Provider is not liable for any direct, indirect, or consequential damage (incl. loss of profit, loss of data, loss of goodwill or business reputation) of the user which may be incurred to the user in relation with the Service, including
- damage resulting from any changes which the Service Provider may make to the Service;
- damage resulting from any permanent or temporary interruption in the provision of the Service;
- damage resulting from deletion of, corruption of, or failure to store, any user’s Content;
- damage resulting from the user’s failure to provide the Service Provider with accurate account information;
- damage resulting from the user’s failure to keep the user’s password or the details of the user’s Account secure and confidential.
You must not modify, adapt or misuse the Service or modify another website so as to falsely imply that it is associated with the Service.
You understand that a service provider uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You agree not 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 Service Provider.
The user must indemnify the Service Provider, its officers, directors, employees, agents, licensors, suppliers, etc. for any and all claims, liabilities, losses, expenses, damage, and costs, including attorney’s fees, resulting from the breach of the Agreement, and from the activities on the User Account.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
The user agrees that the Service Provider may provide the user with notices, including those regarding changes to the Agreement, by email, regular mail, or postings on the Service.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited emails, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
Nothing in the Agreement shall exclude or limit the Service Provider’s liability for damage that may not be lawfully excluded or limited by the laws of the Republic of India.
The failure of a service provider to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and the service provider and govern your use of the Service, superseding any prior agreements between you and the service provider (including, but not limited to, any prior versions of the Terms of Service).
The Agreement is governed by the laws of the Republic of India.
In case the Agreement has been translated into some other language than English and there are contradictions between the English version and the translation, then the English version shall prevail over the translation.
Any disputes related to the Agreement are to be solved by means of negotiations. If the dispute cannot be solved by means of negotiations, the dispute shall be solved in Indore High court, Madhya Pradesh, India.
Refunds, Upgrading, and Downgrading Terms
The Service is billed in advance on the terms agreed upon with our customer and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities if not stated otherwise. The user will be responsible for the payment of all such taxes, levies, or duties.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. The service provider does not accept any liability for such loss.
Cancellation and Termination
You are solely responsible for properly canceling your account. You can contact your educational institution (Serosoft customer) to know the cancellation procedure.
Requests for the removal of the contents will be processed based on the instructions provided by your educational institution (Serosoft Customer). The information, if deleted can not be recovered once your account is canceled
The service provider, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. The service provider reserves the right to refuse service to anyone for any reason at any time.
The service provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to annual subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Serosoft Site (www.Serosoft.com) or the Service itself.
The service provider shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
The user acknowledges and agrees that the form and nature of the Service may change from time to time without prior notice to the user due to the fact that the Service Provider is constantly innovating and improving the Service. Also, the user acknowledges and agrees that the Service Provider may stop (permanently or temporarily) providing the Service (or any features within the Service) to the user at the Service Provider’s sole discretion, without prior notice to the user.
Service Provider’s Content is protected by copyright. The user may not copy, distribute, modify, rent, lease, loan, sell, distribute, create derivative works, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof without the copyright owner’s respective license.
The Service Provider claims no intellectual property rights over the material provided by the user to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
The Service provider does not pre-screen Content, but the service provider and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The user undertakes not to create, transmit, display or make otherwise available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, or hateful (incl. viruses, worms, and any other destructive codes).
User Content and Submissions on the Service. The Service allows you to manage supplier information, and submit associated information, text, files, and other materials (collectively, “User Content”) and share that User Content with others. User Content submitted or otherwise made available to the Service is subject to the following terms:
User Content on the Service – Content submitted to the Service by Subscribers (“Subscriber User Content”) is owned and controlled by the Customer as set forth in the introduction to these Terms and the Customer Agreement. Serosoft maintains a limited, non-exclusive, and non-transferable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display Subscriber User Content for the following limited purposes: (i) to maintain, provide and improve the Service; (ii) to prevent or address technical or security issues and resolve support requests; (iii) to investigate when we have a good faith belief, or have received a complaint alleging, that such Subscriber User Content is in violation of the Customer Agreement or these Terms; (iv) to comply with a valid legal subpoena, request, or other lawful processes that meets the requirements of the Customer Agreement; and (v) as otherwise set forth in our Customer Agreement or as expressly permitted in writing by the Customer.
Feedback on the Websites. The Websites may have certain features that allow you to submit comments, information, and other materials (collectively, “Feedback”) to Serosoft and share such Feedback with other users, or the public. By submitting Feedback through the Websites, you grant Serosoft a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other Serosoft marketing materials and where required to do so by law or in good faith to comply with legal process.). We reserve the right to remove any Feedback posted in public forums for any reason at our sole discretion.
User Content and Feedback Representations. You acknowledge and agree that you have all required rights to submit User Content and Feedback without violation of any third-party rights. You understand that Serosoft does not control, and is not responsible for, User Content or Feedback and that by using the Service and/or Websites, you may be exposed to User Content or Feedback from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content and Feedback may contain typographical errors, other inadvertent errors, or inaccuracies. You agree that you will indemnify, defend, and hold harmless Serosoft for all claims resulting from User Content or Feedback you submit through the Service and/or Websites. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.
We process, use, copy, store, transmit, modify, display and perform any other action to all the personal information related to students and their parents, and employees based on the written service agreement done with our customers (educational institutes). Serosoft may use and maintain your data according to the Serosoft privacy statement.
Our Customers shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and retain ownership of all of the Customer data. We do not own any such data which is provided by our customers.
In case of a termination of the contract, the data is provided back to the customers and removed permanently from our storage media along with any backups. We do not and will not assume any obligations with respect to data provided by our customers.
License and Acceptable Use
Disruption of the Service. You may not:
access, tamper with, or use non-public areas of the Service and Websites, Serosoft’s computer systems, or the technical delivery systems of Serosoft’s providers;
probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
access or search the Service and Websites by any means other than Serosoft’s publicly supported interfaces (for example, “scraping”);
attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time); or
interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service and Websites, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Service and Websites.
Misuse of the Service and Websites. You may not utilize the Service and Websites to carry out, promote or support:
any unlawful or fraudulent activities; the impersonation of another person or entity, or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
activities that are defamatory, libelous or threatening, constitute hate speech, harassment, or stalking;
the publishing or posting of other people’s private or personal information without their express authorization and permission;
the sending of unsolicited communications, promotions advertisements, or spam;
the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or
the promotion or advertisement of products or services other than your own without appropriate authorization.
User Content Standards Within the Service and Websites. You may not post any User Content on the Service or Websites that:
violates any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;
is deceptive, fraudulent, illegal, obscene, pornographic (including child pornography, which, upon becoming aware of, we will remove and report to law enforcement, including the National Center for Missing and Exploited Children), defamatory, libelous or threatening, constitutes hate speech, harassment, or stalking;
contains any personal information of minors;
contains any sensitive personal information, such as financial information, payment card numbers, social security numbers, or health information without Serosoft’s prior written consent granted as part of a Customer Agreement;
contains viruses, bots, worms, or similar harmful materials; or
contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.
Violations of this Section 5. In addition to any other remedies that may be available to us, Serosoft reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Service or Websites, upon notice and without liability for Serosoft should you fail to abide by the rules in this Section 5 or if, in Serosoft’s sole discretion, such action is necessary to prevent disruption of the Service or Websites for other users. If you are a Subscriber, Serosoft reserves the right to notify the Customer’s Account Administrator(s) or other Customer representative(s) of any violations of these Terms.
Warranties, Disclaimers, and Limitation of Liability
THE SERVICE AND WEBSITES AND USER CONTENT, WHETHER PROVIDED BY Serosoft, ITS LICENSORS, ITS VENDORS OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICE AND WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, Serosoft DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE SERVICE AND WEBSITES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF USER CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICE AND WEBSITES OR THE SERVER(S) THAT MAKE THE SERVICE AND WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL Serosoft OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND WEBSITES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICE AND WEBSITES, OR ANY LINK PROVIDED ON THE SERVICE AND WEBSITES, WHETHER OR NOT Serosoft HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICE OR WEBSITES TO WHICH THE CLAIM RELATES OR IF THE CLAIM DOES NOT RELATE TO A PRODUCT OR SERVICE, $100. Serosoft DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE AND WEBSITES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SERVICE AND WEBSITES, AND Serosoft WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE AND WEBSITES. Serosoft WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. So some of the above limitations may not apply to you.