Terms of Service

1. Acceptance of Terms

Welcome to Ark (अर्क), an AI-native School Operating System developed and operated by Bright Hustle Private Limited (referred to as "Ark," "we," "us," "our," or "the Company").

These Terms of Service ("Terms") constitute a legally binding agreement between you and Bright Hustle Private Limited governing your access to and use of the Ark platform, including all features, applications, content, and services (collectively, the "Service").

These Terms apply to:

• Institutions: Schools, colleges, universities, individual educators, and coaching institutes that subscribe to Ark
• End Users: Students, teachers, staff, parents, and administrators who access the platform through an Institution

2. Definitions

• "Ark" or "Platform": The AI-native School Operating System, including web dashboard, mobile applications, WhatsApp app, and all associated services
• "Institution": Any school, college, university, individual educator, or coaching institute that creates an organizational account on Ark
• "End User": Any student, teacher, staff member, parent, or administrator who accesses Ark through an Institution
• "Institution Data": All data, content, and information uploaded, created, or processed by an Institution or its End Users on the platform
• "Account": The registration and authentication credentials for accessing the platform
• "Subscription": The paid plan selected by an Institution to access Ark's services

3. Service Description

3.1 Platform Features

Ark provides an integrated platform for managing educational institutions, including but not limited to:

• Academic Management: Attendance tracking, timetable management, examination planning, marks entry, report card generation, homework and classwork tracking
• Financial Management (DhanYatra): Fee collection, online payment processing, receipt generation, salary disbursement, vendor payments, financial reporting
• Communication (Pravaah): WhatsApp integration, SMS, email, push notifications, announcements, feedback, polls
• Administrative Tools: Admission management, ID card generation, certificate issuance, staff management, leave tracking, transport management, library management
• AI-Powered Features (Devki AI): Question paper generation, automated grading assistance, predictive analytics, communication drafting, insights and recommendations

3.2 Service Availability

We strive to maintain 99.5% uptime, but we do not guarantee uninterrupted access to the Service. The platform may be temporarily unavailable due to:

• Scheduled maintenance and upgrades
• Emergency security patches
• Technical issues beyond our control (server failures, network outages, etc.)
• Force majeure events

We will provide advance notice of scheduled maintenance whenever possible.

4. Account Registration and Access

4.1 Institution Accounts

To use Ark, Institutions must:

• Register for an organizational account by providing accurate and complete information
• Designate authorized administrators with appropriate permissions
• Select a subscription plan and complete payment
• Comply with all applicable laws and regulations governing educational institutions

4.2 End User Accounts

Important: End User accounts are created and managed by Institutions, not by individual users. Institutions are responsible for:

• Creating user accounts for students, teachers, and staff
• Assigning appropriate roles and permissions
• Obtaining necessary consents from users (or parents/guardians for minors)
• Managing account credentials and access
• Deactivating or deleting accounts when users leave the Institution

4.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breaches
• Using strong passwords and enabling multi-factor authentication (when available)

We are not liable for any loss or damage arising from unauthorized access to your account due to your failure to maintain account security.

5. Data Ownership and Responsibilities

5.1 Institution's Rights and Responsibilities

Institutions retain all rights, title, and interest in their data. Institutions are responsible for:

• The accuracy, quality, and legality of Institution Data
• Obtaining all necessary rights, permissions, and consents to use the data on Ark
• Complying with applicable data protection and privacy laws
• Ensuring their use of the platform does not violate any laws or third-party rights
• Managing user access and permissions appropriately
• Creating and maintaining backups of critical data

5.2 Our Role and Responsibilities

Bright Hustle Private Limited acts as a data processor. We are responsible for:

• Providing secure infrastructure to store and process Institution Data
• Maintaining the platform and fixing bugs that affect functionality
• Implementing security measures to protect data from unauthorized access
• Processing data only as instructed by the Institution
• Providing technical support and customer service

5.3 Limitations of Our Responsibility

We are NOT responsible for:

• How Institutions use the platform or manage their users
• Accuracy or completeness of data entered by Institutions or End Users
• Compliance with local laws by Institutions
• Educational outcomes, academic decisions, or administrative policies of Institutions
• Disputes between Institutions and their users (students, parents, staff)
• Loss of data due to Institution's actions or failure to maintain backups
• Unauthorized access resulting from compromised Institution credentials

6. Subscription and Payment Terms

6.1 Pricing Plans

Ark offers multiple subscription tiers (Starter, Growth, Premium) with pricing based on the number of students enrolled. Current pricing is available at ark.brighthustle.in.

6.2 Payment

• Subscriptions are billed monthly or annually (as selected by the Institution)
• Payment is due in advance via online payment methods (UPI, card, net banking, etc.)
• All prices are in Indian Rupees (INR) and exclude applicable taxes (GST)
• We reserve the right to change pricing with 30 days' notice to existing subscribers

6.3 Free Trials

We may offer free trial periods for new Institutions. At the end of the trial period, you will be automatically charged unless you cancel before the trial ends.

6.4 Refund Policy

• Subscriptions are non-refundable except as required by law or at our sole discretion
• If you believe you are entitled to a refund due to service failures, contact our support team
• Refunds, if approved, will be processed within 7-10 business days

6.5 Suspension for Non-Payment

If payment is not received within 15 days of the due date, we may suspend access to the platform until payment is received. Data will be retained during suspension but may be deleted if payment is not received within 90 days.

7. Acceptable Use Policy

7.1 Permitted Uses

You may use Ark only for lawful purposes related to educational administration and in accordance with these Terms.

7.2 Prohibited Uses

You may NOT:

• Violate any applicable laws, regulations, or third-party rights
• Use the platform to transmit harmful, offensive, fraudulent, or illegal content
• Attempt to gain unauthorized access to the platform, other accounts, or systems
• Reverse engineer, decompile, or disassemble any part of the platform
• Remove or modify any proprietary notices or labels
• Use automated systems (bots, scrapers) to access the platform without permission
• Interfere with or disrupt the platform's operation or infrastructure
• Upload viruses, malware, or other malicious code
• Impersonate any person or entity or misrepresent your affiliation
• Use the platform to send spam or unsolicited communications
• Resell, sublicense, or provide access to the platform to unauthorized third parties
• Use the platform in any way that could harm minors

7.3 Consequences of Violations

Violation of this Acceptable Use Policy may result in:

• Immediate termination of your account
• Deletion of your data
• Legal action, including reporting to law enforcement
• Liability for damages caused by your violations

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Ark platform, including all software, designs, text, graphics, logos, icons, images, audio, video, data compilations, and the "look and feel" of the platform, is owned by Bright Hustle Private Limited or our licensors and is protected by copyright, trademark, patent, and other intellectual property laws.

The "Ark" name, logo, and all related marks are trademarks of Bright Hustle Private Limited. You may not use these marks without our prior written permission.

8.2 License to Use the Platform

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the platform solely for your internal business purposes.

8.3 Institution Data Rights

You retain all intellectual property rights in Institution Data. By using Ark, you grant us a limited license to host, store, process, and display your data solely to provide the Service to you.

8.4 Feedback and Suggestions

If you provide feedback, suggestions, or ideas about the platform, we may use them without any obligation to you, including incorporating them into the platform without compensation.

9. AI-Powered Features and Disclaimer

9.1 AI Capabilities

Ark includes AI-powered features such as question paper generation, automated grading assistance, predictive analytics, and communication drafting. These features are powered by Devki, our domain-specialized AI.

9.2 AI Limitations and Human Oversight

• AI-generated question papers should be reviewed and edited by educators before use
• Automated grading is assistive only; final grades must be verified by teachers
• Predictive analytics should inform, not replace, professional judgment
• AI-drafted communications should be reviewed before sending

9.3 No Warranty for AI Accuracy

We do not guarantee the accuracy, completeness, or suitability of AI-generated content. You use AI features at your own risk and are solely responsible for verifying and validating outputs.

10. Platform Availability and Maintenance

10.1 Service Level Commitment

We aim to maintain 99.5% uptime (measured monthly), excluding scheduled maintenance and circumstances beyond our control.

10.2 Maintenance and Updates

• We may perform scheduled maintenance with advance notice (typically during off-peak hours)
• Emergency maintenance may be performed without notice to address security or critical issues
• We may release updates, new features, and improvements at any time
• Some updates may change the platform's functionality or appearance

10.3 No Guarantee of Uninterrupted Service

We do not guarantee that the platform will be error-free, uninterrupted, or completely secure. We are not liable for downtime, data loss, or business interruption resulting from service unavailability.

11. Data Backup and Recovery

11.1 Our Backup Practices

We perform regular automated backups of platform data for disaster recovery purposes. Backups are retained for a limited period and are intended to restore the platform in case of catastrophic failure.

11.2 Institution's Responsibility

While we maintain backups, Institutions are responsible for:

• Creating and maintaining their own backups of critical data
• Exporting data regularly using platform export features
• Verifying data accuracy and completeness

12. Third-Party Services and Integrations

12.1 Third-Party Providers

Ark integrates with third-party services such as:

• Payment gateways (for fee collection)
• SMS and email providers (for communications)
• WhatsApp Business API (for messaging)
• Cloud infrastructure providers (for hosting)

12.2 No Endorsement

We do not endorse or assume responsibility for third-party services. Your use of third-party services is governed by their terms and privacy policies.

12.3 Service Disruptions

We are not liable for disruptions caused by third-party service failures, price changes, or discontinuation of third-party services.

13. Termination

13.1 Termination by Institution

Institutions may cancel their subscription at any time by:

• Providing written notice via email to support@brighthustle.in
• Cancellation through the platform's account settings

Cancellation will take effect at the end of the current billing period. No refunds will be provided for partial months.

13.2 Termination by Us

We may suspend or terminate your access to Ark immediately, without notice, if:

• You violate these Terms or our Acceptable Use Policy
• Payment is not received within 90 days of the due date
• We are required to do so by law or court order
• Continued operation poses security or legal risks
• We discontinue the Service (with 90 days' notice)

13.3 Effect of Termination

Upon termination:

• Your access to the platform will be revoked
• You will have 30 days to export your data (if account is in good standing)
• After 90 days, we will delete all Institution Data (unless required to retain by law)
• All outstanding fees become immediately due
• Sections of these Terms that should survive termination (e.g., indemnification, limitations of liability) will continue to apply

14. Disclaimers and Warranties

To the fullest extent permitted by law, Bright Hustle Private Limited disclaims all warranties, including:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Service will be uninterrupted, error-free, or completely secure
• Warranties regarding the accuracy, reliability, or completeness of content or data
• Warranties that the platform will meet your specific requirements or expectations
• Warranties regarding AI-generated content or predictions

You use the platform at your own risk. We do not warrant that the platform will be free from bugs, viruses, or other harmful components.

15. Limitation of Liability

15.1 Exclusions

We are not liable for:

• Data loss or corruption
• Business interruption or lost revenue
• Harm resulting from your use or inability to use the platform
• Decisions made based on AI-generated content
• Unauthorized access to your account due to compromised credentials
• Actions or omissions of third-party service providers
• Force majeure events (natural disasters, wars, pandemics, etc.)

15.2 Liability Cap

Our total liability to you for all claims arising from your use of Ark shall not exceed the amount you paid us in the 12 months preceding the claim.

15.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

16. Indemnification

You agree to indemnify, defend, and hold harmless Bright Hustle Private Limited, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights (including intellectual property or privacy rights)
• Institution Data or content you upload to the platform
• Your negligence or willful misconduct
• Disputes between you and your users (students, parents, staff)

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense.

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles.

17.2 Jurisdiction

Any disputes arising from these Terms or your use of Ark shall be subject to the exclusive jurisdiction of the courts located in [City, State], India.

17.3 Dispute Resolution Process

1. Informal Resolution: Before initiating formal proceedings, you agree to contact us at legal@brighthustle.in to attempt to resolve the dispute informally
2. Mediation: If informal resolution fails, both parties agree to attempt mediation before pursuing litigation
3. Litigation: If mediation fails, disputes will be resolved through the courts as specified above

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Bright Hustle Private Limited regarding your use of Ark.

18.2 Amendments

We may modify these Terms at any time by posting the updated Terms on the platform. Material changes will be notified via email or platform notice. Continued use after changes constitutes acceptance of the updated Terms.

18.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

18.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

18.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to any successor entity in connection with a merger, acquisition, or sale of assets.

18.6 Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including natural disasters, wars, terrorism, pandemics, government actions, or utility failures.

18.7 Notices

All notices to us must be sent to legal@brighthustle.in. We may provide notices to you via the email address associated with your account or through platform notifications.

19. Compliance with Indian Laws

You agree to comply with all applicable Indian laws, including:

• Information Technology Act, 2000 and related rules
• Digital Personal Data Protection Act, 2023
• Right to Education Act, 2009 (if applicable)
• Consumer Protection Act, 2019
• GST and tax regulations
• Other regulations governing educational institutions and data privacy

20. Contact Information

If you have questions about these Terms or need support, please contact us:

For General Inquiries:
Email: ark@brighthustle.in
Phone: +91 88274 70170

For Legal Matters:
Email: legal@brighthustle.in

For Technical Support:
Email: support@brighthustle.in

Company Address:
Bright Hustle Private Limited
India