Parties to this Agreement
This User License Agreement ("Agreement") is entered into between:
- Reliable Services, a company duly registered under the laws of India, with its principal place of business at 7th Floor, Babylon Tower ("Licensor", "we", "us", or "our"), and
- The educational institution (school, college, or university) ("Institution"), its students ("Students"), and parents/guardians ("Parents") accessing OpenCompas ("Licensee", "you", or "your").
1. DEFINITIONS
Refers to the SaaS-based educational platform accessible via OpenCompas, including all associated software, services, and content.
Means any information processed by OpenCompas, including personal data of Institutions, Students, and Parents.
Refers to the Digital Personal Data Protection Act, 2023, as amended from time to time.
Includes patents, copyrights, trademarks, trade secrets, and other proprietary rights.
Refers to the international standard for information security management systems.
2. LICENSE GRANT
2.1. Subject to the terms of this Agreement, we grant you a non-exclusive, non-transferable, revocable license to access and use OpenCompas for educational purposes.
2.2. Institutions may authorize Students and Parents to access OpenCompas for purposes related to their educational activities.
2.3. All rights not expressly granted herein are reserved by Reliable Services.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. OpenCompas is protected by trademark laws under Clause 42 (software services) and Clause 9 (digital educational materials) of applicable trademark legislation.
3.2. All Intellectual Property Rights in OpenCompas, including its design, structure, and content, are owned by or licensed to Reliable Services.
3.3. You may not copy, modify, distribute, or create derivative works of OpenCompas without our prior written consent.
4. USER OBLIGATIONS
4.1. Institutions must:
- Ensure authorized use only by Students and Parents;
- Implement appropriate measures to protect access credentials;
- Comply with all applicable laws when using OpenCompas.
4.2. Students and Parents must:
- Use OpenCompas solely for legitimate educational purposes;
- Not attempt to reverse engineer, decompile, or disassemble OpenCompas;
- Respect the intellectual property rights of Reliable Services and third parties.
5. DATA PROTECTION AND PRIVACY
5.1. Reliable Services maintains an ISO/IEC 27001:2022 certified Information Security Management System to protect Data.
5.2. We process Data in compliance with applicable laws, including the DPDPA, 2023.
5.3. As Data Fiduciaries under DPDPA:
- We collect only necessary Data for legitimate educational purposes;
- We implement appropriate security measures to protect Data;
- We retain Data only as long as necessary for the purposes for which it was collected;
- We provide Data Principals (Institutions, Students, Parents) with rights to access, correct, and delete their Data.
5.4. We will not transfer Data outside India without ensuring adequate protection as required by DPDPA.
6. WARRANTY AND DISCLAIMER
6.1. We warrant that we have the right to grant this license and that OpenCompas will perform materially as described in our documentation.
6.2. EXCEPT AS EXPRESSLY STATED IN SECTION 6.1, OPENCOMPAS IS PROVIDED "AS IS" AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7. LIMITATION OF LIABILITY
7.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY YOU FOR OPENCOMPAS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
7.2. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE.
8. INDEMNIFICATION
8.1. You agree to indemnify and hold us harmless from any claims arising from:
- Your breach of this Agreement;
- Your misuse of OpenCompas;
- Violation of third-party rights by you or your authorized users.
9. TERM AND TERMINATION
9.1. This Agreement commences upon your acceptance and continues until terminated.
9.2. We may terminate this Agreement immediately if you breach any material term.
9.3. Upon termination, you must cease all use of OpenCompas and destroy all copies.
10. GOVERNING LAW AND DISPUTE RESOLUTION
10.1. This Agreement is governed by the laws of [Jurisdiction], excluding its conflict of laws principles.
10.2. Any dispute arising from this Agreement shall be resolved through arbitration in [City, Country] in accordance with the rules of [Arbitration Institution].
11. MISCELLANEOUS
11.1. This Agreement constitutes the entire understanding between the parties.
11.2. We may modify this Agreement by posting the revised version on OpenCompas with notice to you.
11.3. Our failure to enforce any right does not waive it.
11.4. You may not assign this Agreement without our prior written consent.
11.5. Notices shall be sent to the addresses specified on OpenCompas.
12. MOBILE APPLICATION USAGE POLICY
12.1. The OpenCompas Mobile Application is available exclusively to authorized and registered users, including teachers, parents, and administrators of schools, colleges, and universities.
12.2. The application is published on the Google Play Store and Apple App Store under the names OpenCompas School, OpenCompas College, and OpenCompas University.
12.3. In cases where an institution has been provided with a mobile application under its own name, this is the result of an exclusive agreement with that institution. The choice of platform—whether Android, iOS, or both—remains entirely at the discretion of the institution.
ACKNOWLEDGMENT
By accessing or using OpenCompas, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you are using OpenCompas on behalf of an Institution, you represent that you have authority to bind the Institution to this Agreement.