Terms of Service

1. Acceptance of Terms

Welcome to Xpert Solutions. These Terms of Service ("Terms") govern your access to and use of our website (xpert-solutions.in), School Management Software (School ERP), mobile applications, attendance systems, and all related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services. These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Xpert Solutions ("we," "us," or "our").

Important: Please read these Terms carefully before using our Services.

2. Services Description

Xpert Solutions provides the following services:

• School Management Software (ERP): Cloud-based software for managing admissions, student records, attendance, fees, examinations, staff, communication, and reporting
• School Mobile Apps: iOS and Android applications for students, parents, teachers, and school management
• School Websites: Professional website design and development services for educational institutions
• Attendance Systems: RFID, Biometric, and Face Detection attendance management solutions
• IT Consultancy: Technology consulting services for educational institutions and businesses

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.

3. Eligibility and Account Registration

3.1 Eligibility

• You must be at least 18 years old or have parental/guardian consent to use our Services
• You must represent an authorized educational institution or organization
• You must provide accurate and complete information during registration
• You must have the legal authority to enter into this agreement on behalf of your institution

3.2 Account Registration

• You must create an account to access certain features of our Services
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account
• We reserve the right to suspend or terminate accounts that violate these Terms

3.3 Account Security

• Use strong passwords and change them periodically
• Do not share your login credentials with unauthorized persons
• Enable two-factor authentication when available
• Log out after each session, especially on shared devices

4. User Obligations and Acceptable Use

4.1 Permitted Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You may use our Services to:

• Manage school operations and student information
• Facilitate communication between school, parents, teachers, and students
• Generate reports and analytics
• Process fee payments and financial transactions
• Track attendance and academic performance

4.2 Prohibited Activities

You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Services for any illegal, fraudulent, or unauthorized purpose
• Upload or transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems or networks
• Reverse engineer, decompile, or disassemble our software
• Remove or alter any copyright, trademark, or proprietary notices
• Use automated tools (bots, scrapers) without our written permission
• Interfere with or disrupt the integrity or performance of our Services
• Collect or harvest personal information of other users
• Impersonate any person or entity
• Post or transmit offensive, defamatory, or inappropriate content
• Resell, sublicense, or redistribute our Services without authorization

5. Intellectual Property Rights

5.1 Our Ownership

All content, features, and functionality of our Services, including but not limited to:

• Software code, algorithms, and architecture
• User interface design and graphics
• Text, images, logos, and trademarks
• Documentation and training materials
• Database structure and organization

are owned by Xpert Solutions and are protected by Indian and international copyright, trademark, patent, and other intellectual property laws.

5.2 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use our Services for your internal business purposes
• Download and use our mobile applications on your devices
• Create a reasonable number of copies for backup purposes

This license does not grant you any ownership rights in our Services.

5.3 User Content

• You retain ownership of content you upload to our Services (student data, documents, images, etc.)
• You grant us a license to use, store, and process your content to provide our Services
• You represent that you have all necessary rights to upload and use such content
• You are responsible for ensuring your content does not infringe third-party rights

5.4 Feedback

If you provide feedback, suggestions, or ideas about our Services, you grant us the right to use them without any obligation or compensation to you.

6. Payment Terms and Fees

6.1 Pricing

• Service fees are based on the plan you select (subscription-based or one-time)
• Prices are displayed in Indian Rupees (INR) and exclude applicable taxes
• We reserve the right to change our pricing with 30 days' notice
• Price changes will not affect existing contracts during their term

6.2 Payment

• Payment is due as per the invoice or subscription terms
• We accept payment via bank transfer, credit/debit cards, and online payment gateways
• Subscription fees are billed in advance (monthly, quarterly, or annually)
• Late payments may result in service suspension or termination
• All payments are non-refundable unless otherwise stated in writing

6.3 Taxes

• All fees are exclusive of applicable taxes (GST, service tax, etc.)
• You are responsible for paying all applicable taxes
• We will provide tax invoices as required by law

6.4 Refund Policy

• Subscription fees are generally non-refundable
• Refunds may be provided at our discretion for service failures or errors
• Refund requests must be submitted within 7 days of the disputed charge
• One-time setup fees are non-refundable

7. Data Protection and Privacy

7.1 Privacy Policy

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.2 Data Security

• We implement industry-standard security measures to protect your data
• Data is encrypted in transit (SSL/TLS) and at rest
• We perform regular backups and security audits
• We maintain access controls and authentication mechanisms

7.3 Data Ownership and Portability

• You retain ownership of all data you input into our Services
• You can export your data at any time in standard formats
• Upon termination, you have 30 days to retrieve your data
• After 90 days, data may be permanently deleted from our systems

7.4 Compliance

• We comply with applicable data protection laws (IT Act 2000, GDPR, etc.)
• You are responsible for obtaining necessary consents for data collection
• You must comply with data protection laws in your jurisdiction

8. Service Level and Support

8.1 Availability

• We strive to maintain 99.5% uptime for our Services
• Scheduled maintenance will be announced in advance
• Emergency maintenance may occur without notice
• Downtime does not include issues caused by third-party services or user error

8.2 Customer Support

• Support is available 9 hours/day, 6 days/week (Monday-Saturday)
• Support channels include phone, email, and in-app chat
• Response time depends on issue severity and your support plan
• Premium support packages are available for purchase

8.3 Updates and Maintenance

• We regularly update our Services with new features and security patches
• Updates may be automatic or require user action
• We may deprecate or remove features with reasonable notice

9. Warranties and Disclaimers

9.1 Our Warranties

We warrant that:

• Our Services will perform substantially as described in our documentation
• We will provide Services with reasonable skill and care
• We have the necessary rights to provide the Services

9.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the Services will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy or reliability of any information obtained through the Services

We do not warrant that our Services will meet all your requirements or expectations.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

10.1 Types of Damages

IN NO EVENT SHALL XPERT SOLUTIONS BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from inability to use the Services
• Damages arising from errors, bugs, or security breaches
• Damages arising from third-party services or content

10.2 Maximum Liability

Our total liability for all claims arising from or related to these Terms or the Services shall not exceed the amount you paid us in the 12 months preceding the claim, or ₹10,000 (whichever is greater).

10.3 Exceptions

This limitation does not apply to:

• Our liability for death or personal injury caused by our negligence
• Our liability for fraud or fraudulent misrepresentation
• Any liability that cannot be excluded by law

11. Indemnification

You agree to indemnify, defend, and hold harmless Xpert Solutions, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any law or third-party rights
• Content you upload or transmit through the Services
• Any dispute between you and a third party

12. Termination

12.1 Termination by You

• You may terminate your account at any time by contacting us
• Termination does not relieve you of payment obligations for services already rendered
• You must export your data before termination

12.2 Termination by Us

We may suspend or terminate your access to the Services:

• For violation of these Terms
• For non-payment of fees
• If required by law or government request
• If we discontinue the Services
• At our discretion with 30 days' notice

12.3 Effect of Termination

• Your access to the Services will be immediately revoked
• You must cease all use of our Services
• You will have 30 days to retrieve your data
• All provisions that should survive termination will continue (payment obligations, indemnification, limitations of liability)

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

13.2 Jurisdiction

Any disputes arising from or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts located in Bilaspur, Chhattisgarh, India.

13.3 Dispute Resolution

• Negotiation: Parties agree to first attempt to resolve disputes through good-faith negotiation
• Mediation: If negotiation fails, disputes may be submitted to mediation
• Arbitration: Unresolved disputes may be submitted to binding arbitration in accordance with Indian arbitration laws
• Litigation: Either party may seek injunctive relief or protection of intellectual property rights in court

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any written agreements, constitute the entire agreement between you and Xpert Solutions.

14.2 Amendments

• We may modify these Terms at any time
• Material changes will be notified via email or in-app notification
• Continued use of Services after changes constitutes acceptance
• If you don't agree to changes, you must stop using the Services

14.3 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

14.4 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

14.5 Assignment

• You may not assign or transfer these Terms without our written consent
• We may assign these Terms without restriction
• Any attempted unauthorized assignment is void

14.6 Force Majeure

We are not liable for any failure to perform due to circumstances beyond our reasonable control (natural disasters, wars, pandemics, government actions, etc.).

14.7 Notices

Notices to you may be sent to your registered email address. Notices to us should be sent to:

15. Questions and Contact Information

If you have any questions about these Terms of Service, please contact us: