Terms of Service

These Terms of Service (“Terms”) form a legally binding agreement between Hybreed Technologies (“Hybreed”, “we”, “us”, “our”) and the person or entity accessing or using the ceraaa platform (“ceraaa”, “Platform”, “Service”). By accessing, registering for, or using the Platform, you agree to be bound by these Terms, our Privacy Policy and any additional written agreement executed with your Institute. If you do not agree, you must not use the Platform.

These Terms are an electronic record published in accordance with the provisions of the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Indian Contract Act, 1872, the Consumer Protection Act, 2019, the Digital Personal Data Protection Act, 2023 (“DPDP Act”) and other applicable laws of India.

1. Definitions

• “Institute” means a coaching class, tuition centre, academy or other organisation that subscribes to ceraaa and creates accounts for its administrators, staff, teachers, students and parents.
• “User” means any individual accessing the Platform, including institute owners, office staff, teachers, students, parents and guardians.
• “Content” means all data, records, text, files, documents, images and other material uploaded to, generated by or stored on the Platform.
• “Subscription” means the paid or trial plan under which an Institute is granted access to the Platform.

2. Eligibility and account registration

The Platform is intended for use by Institutes and their authorised Users. By registering an account you represent that (a) you are at least 18 years of age or are accessing the Platform under the supervision of a parent, guardian or Institute administrator, (b) you have the legal capacity to enter into a binding contract under the Indian Contract Act, 1872, and (c) all information you provide is true, current and complete. Institute administrators are responsible for issuing, managing and revoking access for their Users.

3. Licence and permitted use

Subject to these Terms and the payment of applicable fees, Hybreed grants the Institute and its authorised Users a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform solely for internal educational and administrative purposes during the Subscription term.

4. Acceptable use

You agree not to, and not to permit any third party to:

• use the Platform for any unlawful, fraudulent, harmful or misleading purpose;
• upload, publish or transmit any Content that is defamatory, obscene, paedophilic, invasive of privacy, hateful, racially or ethnically objectionable, or otherwise unlawful under Indian law, including Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021;
• infringe any intellectual property, privacy, publicity or contractual right of any person;
• upload viruses, malware, or engage in unauthorised access, scraping, reverse-engineering, decompilation or interference with the Platform;
• share account credentials, misrepresent your identity or role, or access data beyond what your role permits;
• use the Platform to send unsolicited communications in violation of applicable telecom or anti-spam regulations;
• use the Platform to process sensitive categories of data beyond what is reasonably required for the operation of an educational institute.

We may investigate, suspend or terminate access, and remove Content, for any suspected violation, and may report unlawful activity to competent authorities as required by law.

5. Institute and User responsibilities

Under the DPDP Act, where an Institute uploads or manages personal data of students, parents or staff on the Platform, the Institute is the Data Fiduciary and Hybreed acts as a Data Processor. The Institute represents and warrants that:

• it has obtained all necessary consents (including verifiable parental or lawful guardian consent for children under 18) and has provided all necessary notices required under the DPDP Act and other applicable laws before uploading personal data to the Platform;
• it has lawful authority to process such personal data for the purposes for which it uses the Platform;
• it will honour requests from data principals for access, correction, erasure and withdrawal of consent, and will treat the Platform's tools as an aid, not a substitute, for its own compliance obligations;
• it will keep its account credentials confidential and is responsible for all activity carried out through its Users' accounts.

Users agree to use the Platform in accordance with the Institute's policies and these Terms.

6. Fees, billing and taxes

Fees for the Subscription are as agreed between Hybreed and the Institute. Unless expressly stated otherwise, all fees are exclusive of applicable indirect taxes (including GST), which will be charged additionally. Fees are non-refundable except as expressly stated in a written order or as required by applicable law. We may revise fees on renewal by giving reasonable prior notice.

7. Intellectual property

The Platform, including all software, interfaces, designs, trademarks, logos, documentation and content authored by Hybreed, is owned by or licensed to Hybreed and is protected under the Copyright Act, 1957, the Trade Marks Act, 1999 and other applicable laws. No rights are granted except as expressly set out in these Terms. You retain all rights in Content you upload, and grant Hybreed a limited licence to host, copy, transmit, display and process such Content solely to provide and improve the Service.

8. Confidentiality

Each party will protect the other's confidential information with the same degree of care it uses to protect its own confidential information, and will not disclose it except to personnel and advisors bound by comparable confidentiality obligations, or as required by law.

9. Availability, changes and support

We endeavour to keep the Platform available on a commercially reasonable basis but do not warrant uninterrupted or error-free operation. We may add, modify, suspend, discontinue or update features from time to time. Scheduled maintenance and emergency downtime may occur. Support is provided through the channels notified from time to time.

10. Third-party services

The Platform may integrate with third-party services (for example, cloud hosting, payment gateways, communication providers or analytics). Your use of such services is governed by their own terms and privacy policies. Hybreed is not responsible for third-party services and does not warrant their availability, performance or content.

11. Suspension and termination

We may suspend or terminate your access, with or without notice, if (a) you materially breach these Terms, (b) the Institute fails to pay fees when due, (c) continued access poses a security, legal or reputational risk, or (d) required by law or a competent authority. On termination, your right to use the Platform ceases. Institute data may be returned or deleted in accordance with the agreement with the Institute; backups may persist for a limited period before secure deletion.

12. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Platform is provided on an “as is” and “as available” basis. Hybreed disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement and quiet enjoyment. Hybreed does not warrant that the Platform will meet every requirement of the Institute or that its operation will be uninterrupted or error-free.

13. Limitation of liability

To the maximum extent permitted by applicable law: (a) neither party shall be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, data, goodwill or business, arising out of or in connection with the Platform or these Terms; and (b) Hybreed's aggregate liability, whether in contract, tort (including negligence), statute or otherwise, arising out of or in connection with these Terms or the Platform shall not exceed the fees actually paid by the Institute to Hybreed for the Platform in the twelve (12) months immediately preceding the event giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded under applicable law.

14. Indemnity

The Institute agrees to defend, indemnify and hold harmless Hybreed, its affiliates, directors, officers, employees and agents from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with (a) the Institute's or its Users' use of the Platform in violation of these Terms or applicable law, (b) any Content uploaded by the Institute or its Users, (c) failure to obtain required consents or provide required notices under the DPDP Act, or (d) infringement of any third-party right.

15. Force majeure

Neither party shall be liable for failure or delay in performance to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, strikes, government action, failure of internet, power or telecommunications infrastructure, or third-party cloud outages.

16. Grievance officer

In accordance with the Information Technology Act, 2000, the Intermediary Guidelines Rules, 2021 and the Consumer Protection (E-Commerce) Rules, 2020, the Grievance Officer for the Platform is:

• Company: Hybreed Technologies
• Product: ceraaa
• Email: arg@hybreed.co

We will acknowledge grievances within the timelines prescribed by applicable law and endeavour to resolve them promptly.

17. Changes to these Terms

We may update these Terms from time to time. The updated Terms will be posted on this page with a revised “Last updated” date. Material changes will be communicated through the Platform or via email where appropriate. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

18. Governing law, jurisdiction and dispute resolution

These Terms are governed by the laws of India, without regard to its conflict-of-law rules. Subject to any exclusive jurisdiction agreed with your Institute, the courts of competent jurisdiction at Navi Mumbai, Maharashtra shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms. The parties may attempt to resolve disputes amicably before initiating legal proceedings.

19. Miscellaneous

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force. No waiver of any breach shall constitute a waiver of any other breach. You may not assign these Terms without our prior written consent; we may assign these Terms to an affiliate or successor. These Terms, together with the Privacy Policy and any signed order form or master agreement between Hybreed and the Institute, constitute the entire agreement between the parties on their subject matter.