The rules for using NexioraAI in an Indian school.

1.School agreements and order of precedence

A School may enter into an order form, subscription agreement, master services agreement, data processing agreement, or other written agreement with NexioraAI (each, a “School Agreement”).

Where documents conflict, they apply in this order of precedence:

1. the executed Data Processing Agreement, for anything concerning personal data, security, retention, or cross-border transfer;
2. the executed order form or School Agreement;
3. these Terms;
4. any policy referenced from these Terms.

Nothing in a School Agreement may reduce a Data Principal’s statutory rights or either party’s statutory obligations under Indian law.

2.The NexioraAI Service

NexioraAI helps authorized education teams run assessment workflows, including:

• uploading and organizing assessment materials;
• extracting information from documents and answer sheets;
• reviewing assisted marks and feedback;
• identifying learning signals;
• drafting follow-up materials;
• managing school structures, users, assignments, permissions, fees records, and audit records.

Features may change over time. We may add, modify, suspend, or discontinue features, and will give Schools reasonable prior notice of changes that materially reduce the functionality they have paid for.

3.Eligibility, authorized users, and accounts

The Service is intended for authorized Schools and education organizations, and for the administrators, teachers, academic staff, students, and parents or guardians whom a School enables.

Under Section 11 of the Indian Contract Act, 1872, a person under 18 cannot enter into these Terms. Where a School enables student accounts, the School contracts with us and permits student use under its own supervision and policies; the student does not become a party to these Terms.

Schools are responsible for creating and approving accounts, assigning roles and permissions, ensuring users access only relevant information, removing access when a user changes role or leaves, and giving users the notices their own policies and the DPDP Act require.

Users must provide accurate information, keep credentials confidential, and promptly report suspected unauthorized access to us and to their School.

Schools are responsible for activity performed through their accounts, except to the extent it is caused by our own breach of these Terms.

4.School data and our role as Data Processor

“School Data” means information submitted to the Service by or for a School, including student records, assessment materials, answer sheets, marks, feedback, rosters, fee records, learning resources, and school information.

The School retains ownership of School Data. We acquire no ownership in it by providing the Service.

For School Data, the School is the Data Fiduciary and NexioraAI is its Data Processor under Section 8(2) of the DPDP Act, 2023. We process School Data only on the School’s documented instructions, and only to:

• provide, maintain, secure, and support the Service;
• perform actions the School requests;
• prevent fraud, misuse, and security incidents;
• comply with applicable Indian law or a lawful order of a court, tribunal, or competent authority; and
• generate aggregated or de-identified operational information that does not identify a School or an individual.

We will not sell School Data. We will not use student information for advertising, behavioural profiling, or tracking. We will not use School Data to train general-purpose artificial intelligence models unless the School has instructed that use separately and in writing.

The School is responsible for establishing a lawful basis for its processing, for issuing DPDP-compliant notices, and for obtaining and maintaining any consent required.

5.Children’s data (Section 9, DPDP Act, 2023)

Most students are children under Indian law. Section 9 of the DPDP Act, 2023 requires verifiable consent of the parent or lawful guardian before a child’s personal data is processed, and the same protection applies to a person with a disability who has a lawful guardian.

The School confirms and warrants that, before submitting any personal data of a student under 18 to the Service, it has obtained verifiable consent from the parent or lawful guardian, or is relying on another lawful basis available to it, and that it has verified the identity and age as required.

NexioraAI, for its part, will not:

• undertake tracking or behavioural monitoring of children;
• serve targeted advertising directed at children;
• process a child’s personal data in a way likely to cause a detrimental effect on the child’s well-being.

Withdrawal of parental consent must be communicated to the School. On the School’s instruction we will cease the relevant processing and erase the personal data, subject to retention that Indian law requires.

6.Artificial intelligence and mandatory human review

Some features use artificial intelligence, machine learning, optical character recognition, or other automated assistance. Output may be incomplete, inaccurate, or require correction.

Schools and authorized educators remain responsible for reviewing and approving academic content before it is used to assign or change marks, shared with students or parents, used to make academic recommendations, or used in disciplinary, admission, safeguarding, or other significant decisions.

The Service must not be used as the sole basis for a decision that materially affects a student. We do not warrant that AI-generated output will be accurate, complete, unbiased, or fit for a particular educational purpose. We maintain audit records of who approved assisted output so that a decision can be traced to the person who made it.

7.Acceptable use

You must use the Service lawfully and responsibly. You must not:

• violate any Indian law, including the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita, 2023, the Copyright Act, 1957, or the Trade Marks Act, 1999;
• host, display, upload, publish, or share information that is prohibited under Rule 3(1)(b) of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including content that is obscene, paedophilic, invasive of another’s privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, or harmful to a child;
• access information or features without authorization, or attempt to bypass role, tenant, authentication, or security controls;
• upload malware or malicious code, or interfere with the Service or its infrastructure;
• use the Service for spam, phishing, fraud, impersonation, or other deceptive activity;
• infringe intellectual property or publicity rights, or upload content that is unlawful, defamatory, or discriminatory;
• reverse engineer, decompile, or attempt to derive source code, except to the extent this restriction is unenforceable under Indian law;
• circumvent usage limits, or use the Service to build a competing product;
• use the Service for emergency response or any situation requiring immediate professional or medical intervention.

We may investigate suspected misuse and take proportionate action to protect users, Schools, the Service, and third parties.

8.Unlawful content, takedown, and safe harbour

To the extent NexioraAI acts as an intermediary in respect of information stored or transmitted on a School’s behalf, it relies on Section 79 of the Information Technology Act, 2000 and observes the due diligence required by the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

On receipt of a valid court order or a notification from an appropriate Government agency, we will disable access to the unlawful information within the period the applicable rules prescribe, and will inform the School. Reports of unlawful content may be sent to the Grievance Officer using the channel in Clause 22.

9.School responsibilities for data quality and minimisation

Schools represent that they have the rights and permissions necessary to submit School Data to the Service.

Schools must not submit personal data that is unnecessary for the intended educational or operational purpose, and must maintain internal policies for access, review, correction, retention, and deletion consistent with Section 8 of the DPDP Act, 2023.

Schools remain responsible for independently reviewing important records and maintaining their own backups of statutory academic records.

10.Security safeguards and personal data breach

We maintain reasonable security safeguards designed to prevent personal data breach, as required by Section 8(5) of the DPDP Act, 2023 and Section 43A of the Information Technology Act, 2000 read with the IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. Controls include role-aware access, tenant separation, encryption in transit and at rest, audit logging, secure-development gates, backup and recovery procedures, and vendor review proportionate to risk.

On becoming aware of a personal data breach affecting School Data, we will notify the School without undue delay with the information the School needs to meet its own notification duties to the Data Protection Board of India and to affected Data Principals under Section 8(6) of the DPDP Act, 2023, within the window stated in the Data Processing Agreement.

We report cyber security incidents to CERT-In within the timeline set out in the directions issued under Section 70B(6) of the Information Technology Act, 2000, and retain the logs those directions require.

No system can be guaranteed to be completely secure or uninterrupted.

11.Storage location, retention, and cross-border transfer

School Data is hosted in the region agreed in the School Agreement. Where an Indian hosting region is agreed, we will not relocate School Data outside India without the School’s prior written consent.

Any transfer of personal data outside India is made in accordance with Section 16 of the DPDP Act, 2023 and will not be made to a territory that the Central Government has restricted. Sector-specific localisation requirements that apply to a School, including Reserve Bank of India requirements for payment data, override any general position stated here.

We erase personal data when the School withdraws its instruction or the purpose is no longer served, unless retention is required by Indian law, in line with Section 8(7) of the DPDP Act, 2023. Retention periods, backup expiry, and deletion evidence are stated in the Data Processing Agreement.

12.Privacy documents

Our Privacy Notice explains what we process and why. The Data Processing Agreement framework sets out the processor commitments that become binding when signed, and the Trust Centre describes the control boundaries.

13.School content licence

Schools retain ownership of content submitted to the Service.

Schools grant us a limited, non-exclusive, royalty-free licence to host, store, reproduce, transmit, format, and process that content solely as necessary to provide and secure the Service. The licence ends when the relevant School Data is deleted, except where retention is required for legal, security, or backup purposes.

We may use feedback, suggestions, or feature requests without restriction, provided doing so does not disclose confidential information or identify a student.

14.NexioraAI intellectual property

NexioraAI and its licensors own all rights in the Service, including its software, workflows, designs, interfaces, documentation, trademarks, and underlying technology, protected under the Copyright Act, 1957, the Trade Marks Act, 1999, and other applicable law.

Subject to these Terms and the School Agreement, we grant the School a limited, non-exclusive, non-transferable, non-sublicensable right to use the Service during the subscription period. No other rights are transferred.

15.School name and logo

We will not use a School’s name, logo, trademarks, or customer status in marketing materials, case studies, websites, presentations, or customer lists without the School’s prior written permission.

16.Fees, taxes, and invoicing

Fees, subscription periods, renewal terms, usage limits, and payment obligations are stated in the applicable order form or School Agreement. Fees are quoted in Indian Rupees unless the order form states otherwise.

Fees are exclusive of Goods and Services Tax and other applicable levies, which are charged additionally at the prevailing rate against a tax invoice issued under the Central Goods and Services Tax Act, 2017 and the rules made under it. Where a School is required to deduct tax at source under the Income-tax Act, 1961, it may do so and must furnish the TDS certificate within the statutory timeline.

Unless the order form states otherwise, fees are payable within 30 days of invoice; overdue amounts may attract interest at 1.5% per month or the maximum permitted by law, whichever is lower; cancellation does not remove fees already incurred; and refunds are available only where required by law or expressly agreed in writing.

Recurring electronic payments, where offered, follow the Reserve Bank of India framework for recurring e-mandates. We may revise pricing for future subscription periods on reasonable prior notice.

17.Third-party services and sub-processors

The Service may connect to third-party services such as identity providers, email providers, storage providers, AI providers, payment gateways, analytics services, or other integrations. Those services have their own terms and privacy policies, and we are not responsible for services we do not control.

Sub-processors used to deliver the Service are engaged under written contracts imposing equivalent obligations, and are listed with purpose and region in the Data Processing Agreement, together with the notice period for changes.

18.Availability and support

We will use commercially reasonable efforts to operate the Service and provide support in accordance with the School Agreement. Service levels, response times, support hours, and uptime commitments apply only if stated there.

The Service may occasionally be unavailable because of maintenance, upgrades, security events, network or third-party failures, or circumstances beyond our reasonable control.

19.Suspension and termination

We may suspend or restrict access where reasonably necessary to prevent security or privacy harm, address suspected fraud or abuse, comply with law or a lawful order, protect the Service or other users, or address a material breach of these Terms. Where practicable we will give notice and an opportunity to cure.

A School may terminate in accordance with its School Agreement. On termination, access ends and the School may export its data during the export period stated in the School Agreement. We then delete or de-identify School Data in accordance with Clause 11.

20.Disclaimer of warranties

To the fullest extent permitted by Indian law, the Service is provided on an “as is” and “as available” basis. We do not warrant that the Service will always be available, be error-free or uninterrupted, produce accurate or complete AI-generated results, meet every School’s requirements, or be free from vulnerabilities.

Nothing in this Clause excludes any warranty, guarantee, or right that cannot lawfully be excluded, including non-excludable rights under the Consumer Protection Act, 2019.

21.Limitation of liability

To the fullest extent permitted by Indian law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business opportunity, or data.

Our total aggregate liability arising out of or relating to the Service will not exceed the greater of the fees paid or payable by the School to us in the twelve months preceding the event giving rise to the claim, or ₹10,000 where no fees have been paid.

These limits do not apply to:

• fraud, wilful misconduct, or gross negligence;
• a party’s indemnity obligations under Clause 23;
• liability that cannot lawfully be limited, including statutory penalties under the DPDP Act, 2023, which fall on the party the statute makes liable and cannot be shifted by contract.

22.Indemnification

To the fullest extent permitted by law, the School will defend and indemnify NexioraAI, its directors, officers, employees, and agents against third-party claims arising from the School’s unlawful use of the Service, breach of these Terms, School Data or content, violation of another person’s rights, or failure to obtain a required consent or issue a required notice, including consent under Section 9 of the DPDP Act, 2023.

Our indemnity obligations, including for claims that the Service infringes third-party intellectual property rights, are stated in the School Agreement.

23.Grievance redressal and Grievance Officer

In accordance with Rule 3(2) of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and Section 13 of the DPDP Act, 2023, we publish a grievance channel and have appointed a Grievance Officer, who is resident in India.

Grievances may be sent to support@nexiora-ai.com marked for the attention of the Grievance Officer. We acknowledge a grievance within 24 hours of receipt and dispose of it within 15 days, giving reasons for the outcome. The full escalation path is set out in the Grievance redressal section of this page.

24.Confidentiality

Each party may receive non-public information from the other. The receiving party will protect it with reasonable care and use it only for the relationship covered by these Terms.

These obligations do not apply to information that is publicly available, independently developed, already known, lawfully received from another source, or required to be disclosed by law or a lawful order, in which case the disclosing party will be notified where legally permitted.

25.Notices

Notices to us must be sent to support@nexiora-ai.com and, where the School Agreement requires it, in writing to our registered office. Notices to a School are sent to the administrator contact on its account or in its order form. Electronic notices are valid under the Information Technology Act, 2000.

26.Force majeure

Neither party is liable for failure or delay caused by events beyond its reasonable control, including act of God, natural disaster, epidemic, war, civil disturbance, strike, government or regulatory action, internet or power failure, or failure of a third-party network, provided the affected party notifies the other and works to resume performance. Payment obligations already accrued are not excused.

27.Changes to these Terms

We may update these Terms. For material changes we will give reasonable prior notice through the Service, by email, or by posting the updated Terms with a new effective date.

The updated Terms apply from the stated effective date. A School that does not accept a material change may stop using the Service or follow the termination process in its School Agreement. Superseded versions are retained for the record.

28.Governing law, jurisdiction, and dispute resolution

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict-of-law rules.

The parties will first attempt to resolve any dispute in good faith within 30 days of written notice. A dispute that is not resolved will be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration is Bengaluru, Karnataka, and the language is English. The award is final and binding.

Subject to the arbitration agreement above, the courts at Bengaluru, Karnataka have exclusive jurisdiction, including for interim relief under Section 9 of the Arbitration and Conciliation Act, 1996.

This Clause does not apply to a Data Principal’s statutory route to the Data Protection Board of India, or to a consumer’s statutory forum under the Consumer Protection Act, 2019.

29.General

If any provision is held invalid or unenforceable, it is severed and the remaining provisions continue in effect. A failure to enforce a provision is not a waiver of the right to enforce it later. Neither party may assign these Terms without the other’s written consent, except to a successor in a merger or acquisition of substantially all its assets. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

These Terms, together with the School Agreement, the Data Processing Agreement, and the policies referenced here, form the entire agreement between the parties regarding the Service.