b. Additional equipment/data plans

To use many of the Services, you’ll need an internet connection and/or data/cellular plan. You might also need additional equipment, like a headset, camera or microphone. You are responsible for providing all connections, plans, and/or equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.

c. Service notifications.

When there’s something important to tell you about a Service you use, we’ll send you Service notifications to the email associated with your Aaptrix Technologies account or, for EduCoach notifications, your EduCoach account. If you authorized use of your phone number for your Aaptrix Technologies account or EduCoach account, then we may send Service notifications to you via SMS (text message). Data or messaging rates may apply when receiving notifications via SMS.

Using third-party apps and services.

Our Services may allow you to access or acquire products, services, websites, links, content, material, games or applications from third parties (companies or people who aren’t Aaptrix Technologies) ("Third-Party Apps and Services"). Many of our Services also help you find Third-Party Apps and Services, and you understand that you are directing our Services to provide Third-Party Apps and Services to you. The Third-Party Apps and Services may also allow you to store Your Content or Data with the publisher, provider, or operator of the Third-Party Apps and Services. The Third-Party Apps and Services may present you with a privacy policy or require you to accept additional terms of use before you can install or use the Third-Party App or Service. You should review any additional terms and privacy policies before acquiring or using any Third-Party Apps and Services. Any additional terms do not modify any of these Terms. You are responsible for your dealings with third parties. Aaptrix Technologies does not license any intellectual property to you as part of any Third-Party Apps and Services and is not responsible for information provided by third parties.

Service availability.

• a. The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your Aaptrix Technologies account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region.
• b. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and Aaptrix Technologies is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content that you store on the Services or store using Third-Party Apps and Services.

Updates to the services or software, and changes to these terms.

• We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services, close your Aaptrix Technologies account and/or EduCoach account and, if you are a parent or guardian, help your minor child close his or her Aaptrix Technologies account or EduCoach account.
• Sometimes you’ll need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes, including those that prevent you from accessing the Services, or using unauthorized hardware peripheral devices. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. Aaptrix Technologies isn’t obligated to make any updates available and we don’t guarantee that we will support the version of the system for which you licensed the software.
• Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods (defined in section 14(b)(v)), or applications previously purchased. We may release the Services or their features in a beta version, which may not work correctly or in the same way the final version may work.
• So that you can use material protected with digital rights management (DRM), like some music, games, movies and more, DRM software may automatically contact an online rights server and download and install DRM updates.

Software license.

Unless accompanied by a separate Aaptrix Technologies license agreement, and except as provided in section 14, any software provided by us to you as part of the Services is subject to these Terms.

• a. If you comply with these Terms, we grant you the right to install and/or use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by Aaptrix Technologies. Notices, if any, for the third-party code are included for your information only.
• b. The software is licensed, not sold, and Aaptrix Technologies reserves all rights to the software not expressly granted by Aaptrix Technologies, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:

• circumvent or bypass any technological protection measures in or relating to the software or Services;
• disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
• separate components of the software or Services for use on different devices;
• publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless Aaptrix Technologies expressly authorizes you to do so;
• transfer the software, any software licenses, or any rights to access or use the Services;
• use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network;
• enable access to the Services or modify any Aaptrix Technologies-authorized products by unauthorized third-party applications.

Payment terms.

If you purchase a Service, then these payment terms apply to your purchase and you agree to them.

• Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. The price for EduCoach paid products excludes a charge for the product and a charge for taxes. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your Aaptrix Technologies or EduCoach account was registered. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a corporate or other private network which masks your location may cause charges to be different from those displayed for your actual location.
• Your billing account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service, or at some later time. You can access and change your billing information and payment method on the www.EduCoach.co.in website or by writing to [email protected]. Additionally, you agree to permit Aaptrix Technologies to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to keep your billing account and contact information current at all times. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
• Billing. By providing Aaptrix Technologies with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Aaptrix Technologies to charge you for the Services or available content using your payment method; and (iii) authorize Aaptrix Technologies to charge you for any paid feature of the Services that you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.
• Automatic renewal. Provided that automatic renewals are allowed in your country and state, we will inform you by email before automatically renewing your Services, unless purchased on a subscription basis. Once we have informed you that the Services will be automatically renewed, we may automatically renew your Services and charge you the then current price for the renewal term. We will also remind you that we will bill your chosen payment method for the Services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal.
• Refund policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that Aaptrix Technologies has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
• Canceling the services. You may cancel a Service at any time, with or without cause. Please send an email to [email protected] for details on the cancellation process & formalities prevailing at that time. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; or (iv) you may lose access to and use of your account when you cancel the Services. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.
• Trial-period offers or Moneyback offers. If you are taking part in any trial-period or moneyback offer, you must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel the trial Service(s) by the end of the trial period, we may charge you for the Service(s).
• Promotional offers. From time to time, Aaptrix Technologies may offer Services for a trial period during which Aaptrix Technologies will not charge you for the Services. Aaptrix Technologies reserves the right to charge you for such Services (at the normal rate) in the event that Aaptrix Technologies determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer.
• Price changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
• Payments to you. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.

Contracting entity

For use of free as well as paid, consumer EduCoach-branded Services, you're contracting with, and all references to "Aaptrix Technologies (OPC) Pvt. Ltd." in these Terms shall mean, Aaptrix Technologies (OPC) Pvt. Ltd. based at 76 Cantt, Sadar Bazar, Jabalpur, MP – 482 001 INDIA.

Choice of law and place to resolve disputes.

You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Jabalpur, Madhya Pradesh, INDIA, for all disputes arising out of or relating to these Terms or the Services that are heard in court (including arbitration and small claims court).

Warranties. AAPTRIX TECHNOLOGIES, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. AAPTRIX TECHNOLOGIES DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.

Service-specific terms.

The terms before and after section 14 apply generally to all Services. This section contains service-specific terms that are in addition to the general terms.

Binding arbitration and class action waiver If You live In (or If a business your principal place of business is in) the United States.

We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Council under the Indian Arbitration & Conciliation Act 1996, and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. "We," "our," and "us" includes Aaptrix Technologies, EduCoach (see section 10) and Aaptrix Technologies’ affiliates.

• Disputes covered—everything except IP. The term "dispute" is as broad is it can be. It includes any claim or controversy between you and us concerning the Services, the software related to the Services, the Services’ or software’s price, your Aaptrix Technologies account, your EduCoach account, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
• Mail a notice of dispute first. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by registered post to Aaptrix Technologies Pvt. Ltd., ATTN: CEO, 76 Cantt, Sadar Bazar, Jabalpur, MP – 482 001 INDIA. Tell us your name, address, how to contact you, what the problem is, and what you want. We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.
• Arbitration Procedure. The Indian Arbitration Council will conduct any arbitration under its Rules. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim.
• Must File Within One Year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes—see section 15.a) within one year from when it first could be filed. Otherwise, it's permanently barred.
• Rejecting future arbitration changes. You may reject any change we make to section 15 (except address changes) by sending us notice within 30 days of the change by Registered to the address in section 15.b. If you do, the most recent version of section 15 before the change you rejected will apply.
• Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of section 15 is found to be illegal or unenforceable, that provision will be severed but the rest of section 15 still applies.

Miscellaneous.

This section, and sections 1, 9 (for amounts incurred before the end of these Terms), 10, 11, 12, 13, 15, and those that by their terms apply after the Terms end will survive any termination or cancellation of these Terms. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services. This is the entire agreement between you and Aaptrix Technologies for your use of the Services. It supersedes any prior agreements between you and Aaptrix Technologies regarding your use of the Services. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can't enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won't change. Section 15(f) says what happens if parts of section 15 (arbitration and class action waiver) are found to be illegal or unenforceable. Section 15(f) prevails over this section if inconsistent with it. Except for Section 15 (arbitration and class action waiver) these Terms are solely for your and our benefit; they aren’t for the benefit of any other person, except for Aaptrix Technologies’ successors and assigns.

Export laws.

You must comply with all domestic and international export laws and regulations that apply to the software and/or Services, which include restrictions on destinations, end users, and end use.

Unsolicited ideas.

Aaptrix Technologies does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Unsolicited Feedback"). If you send any Unsolicited Feedback to Aaptrix Technologies through the Services or otherwise, you acknowledge and agree that Aaptrix Technologies shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.

Published: 28th April, 2018

Effective: 1st May, 2018