1. Acceptance of terms
By accessing opticloud.in or signing up for OptiCRM or OptiLearn, you agree to be bound by these Terms of Service. You must have the legal authority to enter into this agreement on behalf of your institution.
2. Definitions
- "Service" means the OptiCRM and OptiLearn software platforms operated by OptiCloud Consulting Private Limited.
- "Subscriber" or "Institution" means the educational organization that contracts for the Service.
- "End User" means staff, teachers, students, and parents who access the Service under the Institution's account.
- "Content" means data uploaded, created, or processed in the Service.
3. Subscription and access
- The Service is provided on a subscription basis per the pricing tiers published at opticloud.in/pricing.
- The free tier may be modified or discontinued with reasonable notice.
- Paid subscriptions are billed monthly or annually as selected.
- Subscriptions auto-renew unless cancelled before the renewal date.
4. Acceptable use
- You will not use the Service for unlawful purposes.
- You will not attempt to compromise, reverse-engineer, or interfere with the Service.
- You will not upload malware, spam, or content that violates the rights of others.
- You will not use the Service to harass, defame, or harm minors.
- We reserve the right to suspend access for violations of this clause.
5. Your data and content
- Your Institution retains ownership of all Content uploaded to the Service.
- You grant OptiCloud a limited license to process this Content solely for the purpose of delivering the Service.
- You are responsible for the lawfulness of the Content you upload.
- You must obtain consent from data subjects (parents, students, staff) as required by applicable law.
6. Service availability
We aim for high service availability but do not guarantee uninterrupted service. We do not currently make specific Service Level Agreement (SLA) commitments. Enterprise customers may negotiate SLAs separately.
Scheduled maintenance will be communicated in advance where reasonably possible.
7. Payment terms
- Subscription fees are payable in advance.
- Fees are denominated in Indian Rupees and inclusive of applicable GST.
- Failed payments may result in service suspension after 7 days written notice.
- Refunds: pro-rated refunds are available for cancellation within 30 days of initial subscription. No refunds are provided for partial month or year usage thereafter.
8. Termination
- You may cancel your subscription at any time from your account settings.
- We may terminate for breach of these Terms with 30 days notice for non-material breach, or immediately for material breach (illegality, security violation, non-payment).
- Upon termination, your Content will remain available for export for 90 days, after which it will be permanently deleted.
9. Intellectual property
- The OptiCRM and OptiLearn software, brand, and trademarks are owned by OptiCloud Consulting Private Limited.
- You receive a limited, non-transferable, non-exclusive license to use the Service for the duration of your subscription.
- You may not copy, redistribute, or create derivative works of the Service.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
This limitation applies even if we have been advised of the possibility of such damages.
12. Indemnification
- You agree to indemnify OptiCloud against claims arising from your use of the Service in violation of these Terms or applicable law.
- You agree to indemnify OptiCloud against claims arising from Content you upload that infringes third-party rights.
13. Confidentiality
Both parties agree to maintain the confidentiality of non-public information received from the other in connection with this Service. Standard exceptions apply for information that is publicly available, independently developed, or required to be disclosed by law.
14. Governing law and jurisdiction
- These Terms are governed by the laws of India.
- Any disputes shall be subject to the exclusive jurisdiction of the courts in Bengaluru, Karnataka.
- The parties shall first attempt good-faith negotiation before initiating legal proceedings.
15. Changes to these Terms
We may update these Terms with 30 days notice for material changes. Continued use of the Service after such changes constitutes acceptance of the updated Terms.
16. Contact
- Questions about these Terms: contact@opticloud.in
- Legal notices: contact@opticloud.in