TERMS OF USE
Introduction
Welcome to STEPapp operated by EDUISFUN TECHNOLOGIES PVT LTD.

BY ACCESSING THE STEPAPP APPLICATION (“APPLICATION” OR “APP”) OR THE WEBSITE FOUND AT http://www.stepapp.ai or http://learn.stepapp.in OR ANY OTHER WEB ADDRESS BERING SUB-DOMAIN OF THE DOMAIN STEPAPP, WHETHER THROUGH A MOBILE DEVICE, MOBILE APPLICATION OR COMPUTER (COLLECTIVELY CALLED AS THE “SERVICES”), THE USER OF THE SERVICES (HEREINAFTER REFERRED TO AS “YOU” OR “USER”) HEREBY EXPRESSLY AGREE THAT THE TERMS OF SERVICE (“THE AGREEMENT” OR “THE TERMS”) IS LEGALLY BINDING ON YOU AND YOU GIVE YOUR FREE CONSENT TO BE GOVERNED BY THE PROVISIONS OF THE TERMS OF SERVICE. FURTHER, THESE TERMS OF SERVICE CONSTITUTE A LEGALLY BINDING AGREEMENT IN RESPECT OF THE SERVICES OR ANY OTHER PRODUCT OR SERVICES DEVELOPED IN THE FUTURE THAT MAY BE PROVIDED THROUGH THE APPLICATION / WEBSITE BETWEEN YOU AND THE COMPANY (INCLUDING ALL ITS SUBSIDIARIES, RELATED AND/OR ASSOCIATED COMPANIES) (THESE ENTITIES ARE COLLECTIVELY REFERRED TO AS “THE COMPANY”, “WE”, “US” OR “OUR”), THE OWNER OR PROPRIETOR OF ALL THE RIGHTS IN THE APP OR RIGHTS ATTACHED THE APP AND/OR SERVICES. SUPPLEMENTAL TERMS AND CONDITIONS MAY APPLY TO SOME OF OUR SERVICES SUCH AS RULES FOR A PARTICULAR CONTEST, CONTENT, MEMBERSHIP, OR OTHER ACTIVITIES ACCESSIBLE THROUGH THE SERVICES. IF AND WHEN APPLICABLE SUCH SUPPLEMENTAL TERMS MAY BE COMMUNICATED/ NOTIFIED TO YOU VIA THE APP OR ANY OTHER APPROPRIATE MODE IN CONNECTION WITH SUCH CONTEST, CONTENT, OR SERVICES. THE PROVISIONS OF SUPPLEMENTAL TERMS SHALL PREVAIL OVER THESE TERMS IN CASE OF CONFLICT BETWEEN THESE TERMS AND SUPPLEMENTAL TERMS TO THE EXTENT OF SUCH CONFLICT. YOU SHALL BE RESPONSIBLE FOR REVIEWING THESE TERMS OR THE SUPPLEMENTAL TERMS AS ARE NOTIFIED / UPDATED FROM TIME TO TIME AND BY CONTINUING TO USE THE SERVICES YOU WILL BE DEEMED TO HAVE AGREED TO AND ACCEPTED ANY CHANGE OR AMENDMENTS TO THESE TERMS. IF YOU DO NOT AGREE TO ANY CHANGE TO THESE TERMS, YOU MUST DISCONTINUE USING OUR SERVICES FORTHWITH.

THESE TERMS CONSTITUTE RULES AND REGULATIONS AND USER AGREEMENT FOR THE ACCESS OF THE PLATFORM AND THE SAME ARE BEING PUBLISHED ON THE PLATFORM IN TERMS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE/S OR APP / PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE INCLUDING THE PRIVACY POLICY OF THE COMPANY AVAILABLE AT (HTTP://WWW.STEPAPP.AI/PRIVACY-POLICY). IF YOU DO NOT AGREE TO ANY OF THE TERMS YOU AGREE NOT TO USE THE SERVICES OR PLATFORM.
DEFINITIONS AND INTERPRETATION
Definitions

“Applicable Law” shall mean all applicable Indian laws, by-laws, rules, regulations, orders ordinances, protocols, codes, guidelines, policies, notices, directions, judgments, decrees, or other requirements or official directives of any governmental authority or person acting under the authority of any governmental authority of India;

“Content” shall include (but is not limited to) any data, content, images, videos, location data, or other materials or information of any type that is available through the Services and shall include Free Content;

“Intellectual Property Rights” shall mean registered and unregistered rights in all forms of intellectual property subsisting under the laws of India and all analogous rights subsisting under the laws of other jurisdictions and shall include any legally protectable product or process of the human intellect whether registrable as patents, trademarks, copyrights, designs or otherwise such as an invention, expression or literary creation, unique name, trade secret, business method, database, industrial process, computer program, source code, process or presentation, visual interfaces, graphics, design, compilation, information. content, educational videos, and exercises;

“Company Data” shall mean any and all information available with the Company or provided to the Company by the User at his sole discretion in order to use the Services;

“Services” shall mean and include the services provided by the Company: Through its website: http://www.stepapp.ai or http://learn.stepapp.in or any other address of the Company with having the above domain name with a different sub-domain name.

Through its Application: on google play or android or any other platforms/ digital stores available now or in the future.

“Free Content” means any Content available for free to You through the Services.

“Platform” means StepApp website/s and its related Application Programming Interface (‘APIs’) mobile applications, Services provided through such website/applications, and any other product or service that the Company may provide now or in the future.

“User Content” shall mean Content that You upload, share or transmit to, through, or in connection with the Platform, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile; and

"User/ Users" shall mean teachers, educational institutes, students, or any person that uses or visits the Platform.

Interpretation

The Terms shall be interpreted according to the following provisions unless the context requires otherwise:

(1) references to the provisions of any law shall include such provisions as amended, re-enacted, or consolidated from time to time in so far as such amendment, re-enactment or consolidation applies or is capable of applying to Terms/ Services;

(2) the headings of clauses, are included for convenience only and shall not affect the interpretation of contents of the Terms;

(3) words importing the singular number shall include the plural and vice versa, and words importing either gender shall include all genders; and

(4) general words preceded or followed by words such as “other” or “including” or “particularly” shall not be given a restrictive meaning because they are preceded or followed by particular examples and shall be given meaning intended to fall within the meaning of the general words.

ELIGIBILITY FOR ACCOUNT CREATION

Neither the websites nor the App shall be available to any user who has been previously suspended or removed from the website by the Company or any person under the age of 18 whose registration has not been or was not approved by a parent or legal guardian. Once “I Agree” button is clicked by the user, while using or registering an account with us or the Website, or the App, We presume that you have confirmed and represented the following:

(a) You have not been previously suspended or removed from accessing the Services;

(b) You have attained the age of majority under the Indian laws or your parent and/or legal guardian has given their free consent to your use of the Website or the App;

(c) Your registration and use of the Website or the App follows all applicable laws and regulations which govern the Website or the App or the Company.

Your Account: While registering and creating an account with the App or with the Website, you may be asked to provide your password in the form of a one-time-password (OTP) for the creation and usage of the account. The Company or the Website or the App does not take the responsibility of confidentiality of your account and the OTP if you divulge such OTP or account information to any third person and in such a case, you shall be solely responsible for all the activity(ies) done in your account. You further agree that all the credentials or information provided by you to the App or the Website are true, accurate, genuine updated, and complete and shall be updated from time to time. The App or the company does not take the responsibility to authenticate the veracity of the information provided by you while registering or using the app or the website.

The personal information including the username and password collected from You at the time of creating an account/ registering with us will be collected stored, and processed in accordance with our Privacy Policy (http://www.stepapp.ai/privacy policy)

USER / CHILD USER

In case You are a User of the Services, and you are below the age of majority (“Child User”) then you may not be allowed to use the Services unless your parent and/or legal guardian has consented on your behalf for the use of the Services. A Child User may not have full or any access to the Services or restricted registration process unless the parent or the legal guardian has consented for the registration or usage of the Services on behalf of such Child User. To enable the usage of the Services by a Child User his or her parent or legal guardian may create, register, manage and approve Child User accounts only for his/her own child or for child for whom they are acting as a legal guardian. The parent and/or the legal guardian of such Child User you assume all the responsibility and liability on behalf of such child user and you represent that you represent and warrant that you are such Child User’s parent or legal guardian and you agree to be bound by the terms on behalf of such Child User, including without limitation being liable for all use of the website or of the app by the Child User. As a parent and or the legal guardian of the Child User you acknowledge, without any reservations, and agree that the Company may make any inquiries, directly or indirectly, in order to validate your registration information and the Company has all the rights to take appropriate legal action against such parent or the legal guardian who misrepresents and conceal about their personal information or is otherwise unlawful about their identity.

LIMITED GRANT OF LICENSE

Subject to your compliance with these Terms of Service and applicable laws, we hereby grant you a limited non-exclusive, non-transferable license to download and install one copy of the App on your mobile device and to run such copy of the App solely for your own personal use. We do not grant any license nor grant any rights to you in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos, and text or rights in the App or rights attached to the App) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the Services in accordance with these Terms.

You further agree that you will not use, license, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the App in any way; modify or make derivative works based upon the Services or App or reverse engineer; create Internet “links” to the Services or “frame” or “mirror” any App on any other server or wireless or Internet-based device; reverse engineer or access the App in order to design or build a competitive product or service, design or build a product using similar ideas, features, functions or graphics of the Services or App, or copy any ideas, features, functions or graphics of the Services or App, or launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or App remove any copyright, trademark or other proprietary notices from any portion of the Services attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

You further agree that you will not circumvent or disable any content protection system or digital right management technology used in any of our Services and shall not use any of our Services which is either in derogation or violation of applicable laws of India.

As and when required, the App or the Company may permit You and other Users to post notes, questions, comments, ratings, reviews, images, videos, and other audio-visual materials and communications (collectively, “User Postings”) and the posting, creation, or modification by You of the computer code, being the source code or object of User Postings (including source code and object code) (“User Code”) (User Postings and User Code, collectively, “User Content”). You understand that whether such User Content is published, we do not guarantee any confidentiality with respect to any submissions.

USER CONTENT LICENSE

To the extent permitted by law and where the same is not in conflict with Privacy Policy, by posting, submitting, or distributing User Content on or through the Website, You hereby grant to us a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit your User Content (not being any personal information), in whole or in part, in any media formats and through any media channels (now known or hereafter developed) for the purpose of providing better service or improved Service or to develop a new product for our Users. We may collect, store and analyze Your timing, accuracy, strength, weakness, and performance response, while you play and learn via the App, to guide or mentor you in your specified area of study or the syllabus including but not limited to the syllabus which you opt in the App for your studies.

Further, the Company shall have the right to monitor the download and usage of the Application/Services/products and the contents thereof by the User, to analyze such usage, and discuss the same with the User to enable effective and efficient usage of the Services. The User expressly permits the Company to clear their doubts using the Application/Services/online portal by answering the questions placed before it, providing study plans, informing of the progress, providing feedback, communicating with the student, and mentoring the student through telephone or e-mail on express consent of the legal guardian/parent of the User or through any other forum.

You shall be solely responsible for your User Content and the consequences of posting, creating, or publishing them. You further represent and warrant that:

(1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize us and our Users to use and distribute your User Content as necessary to exercise the licenses granted by You in these Terms and in the manner contemplated by us and these Terms;

(2) Your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (c) upload on the Platform or Your Account, any content that is contrary to the Terms, guidelines of the Company, the Privacy Policy of the Company or any other policy of the Company, as may be updated from time to time or that is contrary to the applicable laws and regulations and where any such content is uploaded in any manner and for whatsoever reason, You shall ensure that such content is deleted from the Platform or Your account immediately.

(3) Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.

Further, the Company reserves the right to permit Users to share their User Content with a select group of other Users or make their User Content public for all (even non-Website users) to view. You acknowledge and agree that, although we may provide certain features intended to allow you to restrict some User Content you create from others, we do not guarantee that such User Content will never be accessible by others. In the event of unauthorized access, we will use reasonable efforts to notify you. We hereby disclaim all liability with respect to any unauthorized access to any restricted user content.

USER INTERACTION WITH OTHERS

You shall be solely responsible for your interactions with other users. You understand that the Company currently does not conduct criminal background checks or screenings on its Users. The Company also does not inquire into the backgrounds of all or any of its users or attempt to verify the statements of its users. The Company makes no representations or warranties as to the conduct of users or their compatibility with any current or future users. The company reserves the right to conduct any criminal background check or other screenings, at any time and using available public records.

Under no circumstances the Company including but not limited to its affiliates, subsidiary, holding companies or partners be responsible or liable (whether directly or indirectly) for any losses or damages whatsoever, whether direct or indirect, general, special, compensatory, consequential, and/or incidental, arising out of or in relation to the conduct of yours’ or anyone else in connection with the use of the Service including but not limited to emotional distress, and/or any other damages resulting from communications or meeting with other users or persons you meet through the Service.

RENEWAL OF SUBSCRIPTION BY YOU

You have the option to cancel your subscription for any additional feature of the App at any time. Once you choose to end your subscription for an additional feature of the App or the Service, your subscription will not be renewed on the next auto-renewal date and you may have access to use the additional feature of the App till such date, after which your account will be automatically down-graded or access to additional features of the App will be restricted or blocked. The Company shall neither be liable to give you any refund in respect of the period from the date of cancellation to the renewal date nor shall it be liable to give You any rebate/ discount for your renewal after cancellation should You choose to re-start the subscription at a future date.

CANCELLATION OF SUBSCRIPTION / TERMINATION OF SERVICE

We reserve the right to cancel your subscription for Services at any point in time for any reason, with or without notice where you are found to be in violation or breach of the Terms.

CURRENCY FLUCTUATION

The Website billing and payment services operate in INR (Indian Rupees) and therefore the Company shall neither be liable for any currency fluctuations or any other bank charges that occur when billing or debiting a credit or debit card denominated in a currency other than INR nor shall the Company be responsible for currency fluctuations or bank charges that occur when receiving or sending payment via wire transfer, check or automated clearing house to and from your bank account, credit card account or PayPal or similar payment account.

REFUND

Unless otherwise required by law, paid subscription of the App is non-refundable irrespective of the usage of such subscription by You. You agree that you shall not demand any kind of refund for a prepaid subscription of the App or the Service at any point in time for whatsoever reason.

CHANGE IN SUBSCRIPTION PRICE

The Company reserves the right to change the pricing of the paid subscription of the App from time to time. Any change in such price shall be communicated to you or displayed on the App at the time of usage of the Service or of the App.

PROHIBITED ACTIVITIES

You may only engage in educational and study-related activities while using the Service. The following are examples of the kind of activity that is prohibited on the Service. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, terminating your account and/or access to the Service, reporting you to appropriate governmental authorities, including law enforcement, or seeking other legal remedies. In particular, the User/ You are prohibited from, including but not limited to,

a. Hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating, or sharing any information:

● that belongs to any other person and to which You don’t have any right;

● is defamatory, obscene, pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force

● is harmful to child;

● infringes any patent, trademark, copyright, or other proprietary rights;

● deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

● impersonates another person;

● threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offense or is insulting other nation;

● contains a software virus or any other computer code, file, or program designed to interrupt, destroy or limit the functionality of any computer resource or otherwise permits unauthorized use of access to a computer or a computer network;

● is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

b. impersonating or attempting to impersonate another user, person or entity;

c. using the account, username, or password / OTP of another user at any time, disclosing your password / OTP to any third party, or permitting any third party to access your account;

d. using any information obtained from the Service in order to harass, abuse, or harm another person or entity, or attempting to do so;

e. using any automated system, such as but not limited to, using scripts to create or post Content;

f. interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service;

g. displaying an unauthorized commercial advertisement on the Service, or accepting payment or anything of value from a third party in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Service on behalf of that party;

h. reproducing, duplicating, copying, selling, reselling, trading, or exploiting for any commercial purposes, any portion of, or access to, the Content and/or functionality offered through the Service unless you have been specifically allowed to do so in a separate agreement;

DISCLAIMERS

Our services are provided “as is” and “as available.” we disclaim all conditions, representations, and warranties not expressly set out in these terms to the fullest extent permitted by applicable law. We do not guarantee the accuracy, completeness, or usefulness of any third-party content provided through the service, or adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears in the service. Under no circumstances will the Company or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content posted in the Service or transmitted to or by any User/s.

The Company’s products and/or Services, including the App and content, are compatible only with certain devices/tablets/instruments/hardware. The Company is not under any kind of obligation to provide workable products and/or services for any instruments that are not recognized by the Company or those instruments that may be purchased from any third party which are not compatible with the Company’s products and Services. The Company reserves the right to upgrade the tablets/ type of compatible devices as required from time to time. Further, the Company shall have no responsibility for any loss or damage caused to tablet or any other hardware and/or software and/or instrument, including loss of data or effect on the processing speed, resulting from Your use of our products and Services.

TAKEDOWN ON ANY PLATFORM

You acknowledge and agree that neither the Company nor its affiliates and third-party partners are responsible:

● for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of any incorrect or inaccurate Content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service;

● the timeliness, deletion or removal, incorrect delivery or failure to store any content, communications, or personalisation settings;

● the conduct, whether online or offline, of any user:

● any error, omission, or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or

● any problems, failure, or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.

INDEMNITY

You agree to defend, hold harmless and indemnify the Company including but not limited to its affiliates, subsidiary, parent company, officers, employees, directors, and agents from and against any and all losses, costs, expenses, damages, or other liabilities incurred by the Company from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Website or the App:

(1) In connection with your use of the Services including any payment obligations incurred through the use of the website billing and payment services; or

(2) Resulting from:

(a) Your use of the Website or the App

(b) Your decision to supply credit information via the Website or the App, including personal financial information;

(c) Your breach of any provision of these Terms of Service;

(d) Any negligent or intentional wrongdoing by you as a User;

COMPLAINTS AND GRIEVANCES

All complaints and grievances should be sent to us at the following address:

117, 1st Floor, Shoppers Point, S.V. Road, Andheri West, Mumbai, 400058

Or

You may report your complaints/grievances to Grievance Officer.

Name: Mr. Parth Sheth

Contact E-mail: [email protected]

MISCELLANEOUS

Governing Law and Jurisdiction: The Terms of Use are governed by India's laws. Any claim related to any dispute arising as a result of the Services will be made before a court of competent jurisdiction located in Mumbai. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms of Use or use of the Services must be filed within one year after such claim or cause of action arose or be forever barred.

Headings: Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section.

Severability: If any provision of these Terms is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable.

Force Majeure: The Company shall be under no liability whatsoever in the event of non-availability of any portion of the Application or subscribed content occasioned by an act of God, war, disease, revolution, riot, civil commotion, strike, lockout, pandemic, epidemic, lockdown, flood, fire, failure of any public utility, manmade disaster, infrastructure failure or any other cause whatsoever beyond the control of the Company

Waiver: The failure of the Company to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit the Company's rights with respect to such breach or any subsequent breaches.

Survival: The obligations under the provisions of the Terms which by their nature are meant to survive the termination or cancellation of the subscription will survive any such termination or cancellation of the subscription.

Entire Agreement: These Terms and the Privacy Policy on the Platform constitute the entire agreement between you and the Company and govern your use of the Platform, superseding any prior agreements between you and the Company.