Terms & Conditions

Introduction

Welcome to MindShiksha.

These Terms & Conditions (“Terms”) govern your access to and use of the website https://mindshiksha.com, MindShiksha applications, assessment platforms, learning systems, institutional services and related products and services operated by MindShiksha EdTech Private Limited (“MindShiksha”, “Company”, “we”, “us” or “our”).

By accessing, registering on, purchasing, subscribing to or using any MindShiksha service, you agree to be bound by these Terms.

If you do not agree with these Terms, please do not use the MindShiksha website or services.

1. About MindShiksha

MindShiksha is an education technology company providing technology-enabled assessment, learning and human-skill development services.

Our services may include assessment and development of:

• Cognitive Skills;
• Life Skills;
• Leadership Skills;
• learning competencies;
• behavioural and practical skills;
• professional skills; and
• other related human-development competencies.

2. Definitions

For the purpose of these Terms:

• “Account” means a registered user account created to access MindShiksha services.
• “Assessment” means any questionnaire, test, evaluation, diagnostic-style educational assessment, skill assessment or related activity provided through MindShiksha.
• “Content” means text, questions, assessments, videos, graphics, images, software, reports, learning materials, documents, audio, designs and other materials provided through MindShiksha.
• “Institution” means a school, college, educational organisation, company, training organisation or other entity using MindShiksha services.
• “User” means any person accessing or using MindShiksha services.
• “Subscription” means a paid or authorised period of access to a MindShiksha service.
• “Platform” means the MindShiksha website, web application, software, assessment engine, learning management system and related digital infrastructure.

3. Eligibility

You may use MindShiksha only if you are legally capable of entering into an agreement under applicable law.

Where a service is intended for children or minors, the service may be accessed only with the involvement, authorisation or consent of a parent, lawful guardian, school or other authorised institution, as applicable.

MindShiksha reserves the right to restrict or suspend access where it reasonably believes that an account has been created or used contrary to applicable law or these Terms.

4. Parent, Guardian and Institutional Accounts

Where a User is a child or minor:

1. the parent or lawful guardian may be required to provide or authorise registration;
2. the parent or lawful guardian may be responsible for supervising the child's use of the service;
3. MindShiksha may require verification of parental or guardian authority; and
4. an educational institution may administer access where the service is provided through that institution.

Institutions are responsible for ensuring that they have appropriate authority and permissions to provide student or participant information to MindShiksha.

5. Registration and Account

Certain MindShiksha services may require registration. You agree to:

• provide accurate and complete information;
• keep account information updated;
• maintain the confidentiality of login credentials;
• not share credentials with unauthorised persons;
• notify MindShiksha of suspected unauthorised access; and
• use the account only for lawful purposes.

You are responsible for activities carried out through your account unless such activity results from circumstances for which you are not reasonably responsible.

MindShiksha may suspend or terminate accounts that contain materially false information or are used in violation of these Terms.

6. Use of MindShiksha Services

Subject to these Terms, MindShiksha grants you a limited, non-exclusive, non-transferable and revocable right to access and use the Platform for its intended educational and professional purposes.

You must not:

• use the Platform for unlawful purposes;
• attempt to gain unauthorised access;
• interfere with Platform security;
• reverse engineer or decompile the software except where permitted by law;
• copy or reproduce proprietary assessment materials;
• scrape or systematically extract Platform data;
• distribute assessment questions without permission;
• resell access without authorisation;
• circumvent subscription or access restrictions;
• upload malicious software;
• impersonate another person;
• misuse another person's account;
• attempt to manipulate assessment results; or
• use the Platform to infringe another person's rights.

7. Assessments and Psychometric Services

MindShiksha provides technology-enabled assessments designed for educational, learning and skill-development purposes.

Assessments may evaluate areas including:

• cognitive skills;
• life skills;
• leadership skills;
• decision-making;
• problem solving;
• adaptability;
• collaboration;
• communication;
• resilience;
• financial skills;
• organisational skills; and
• other defined competencies.

Assessment results are generated based on the responses and information available to the MindShiksha assessment system.

8. Nature and Limitations of Assessment Results

MindShiksha assessment results are intended to provide educational and developmental insights.

Unless expressly stated otherwise, MindShiksha assessments:

• are not medical examinations;
• are not clinical psychological diagnoses;
• are not psychiatric assessments;
• do not replace professional psychological or medical evaluation;
• should not be treated as definitive measures of a person's overall intelligence, personality or future success; and
• should not be used as the sole basis for high-impact decisions concerning an individual.

Assessment results may vary depending upon factors including:

• the user's understanding of questions;
• language proficiency;
• attention;
• environment;
• effort;
• emotional state;
• time taken;
• accuracy of information provided; and
• other circumstances existing during the assessment.

9. Assessment Integrity

Users agree to complete assessments honestly and independently unless an assessment specifically permits assistance.

Users must not:

• intentionally manipulate answers;
• obtain unauthorised assistance;
• share questions or answers;
• use automated tools to manipulate assessment outcomes;
• attempt to discover assessment algorithms;
• interfere with the assessment timer;
• bypass security mechanisms; or
• otherwise attempt to obtain an unfair assessment result.

MindShiksha may invalidate an assessment where there is reasonable evidence of manipulation, cheating, technical interference or other misconduct.

10. Adaptive and Automated Systems

MindShiksha may use software-based systems, algorithms and automated processes to:

• select questions;
• adjust difficulty;
• analyse responses;
• calculate scores;
• identify skill levels;
• generate reports;
• provide learning recommendations; and
• personalise learning experiences.

Automated outputs are generated from available data and the methodology implemented by MindShiksha. Such outputs should be understood as educational or developmental recommendations rather than infallible determinations about an individual.

11. Learning Content

MindShiksha may provide:

• educational materials;
• articles;
• videos;
• exercises;
• assessments;
• learning resources;
• recommendations;
• reports;
• training material; and
• other educational Content.

Content is provided for educational and informational purposes. MindShiksha may modify, update, replace or discontinue Content from time to time to improve the service.

12. Intellectual Property Rights

Unless otherwise stated, all intellectual property associated with the MindShiksha Platform is owned by or licensed to MindShiksha. This includes:

• MindShiksha name and branding;
• logos;
• trademarks;
• software;
• source code;
• user interfaces;
• assessment methodologies;
• assessment questions;
• question banks;
• scoring methodologies;
• algorithms;
• databases;
• learning materials;
• graphics;
• designs;
• reports;
• documentation;
• videos;
• written Content; and
• other proprietary materials.

Nothing in these Terms transfers ownership of MindShiksha intellectual property to the User.

Users may not reproduce, distribute, modify, publish, sell, license, commercially exploit or create derivative works from MindShiksha proprietary materials without prior written permission.

13. User-Generated Information

Users may submit information including:

• profile information;
• assessment responses;
• feedback;
• comments;
• questions;
• uploaded documents; and
• other information necessary to use the Platform.

You retain rights you may have in information you submit, subject to the rights necessary for MindShiksha to provide the service.

You represent that you have the necessary rights and authority to provide information submitted through the Platform.

14. Fees and Subscriptions

Certain MindShiksha services may require payment. Applicable pricing, subscription duration, features and payment terms will be displayed before purchase.

Unless expressly stated otherwise:

• subscription fees must be paid in accordance with the applicable payment terms;
• access may be activated after successful payment;
• subscriptions may be subject to defined validity periods;
• taxes may be charged as applicable; and
• different products may have different pricing and renewal conditions.

MindShiksha may change pricing for future purchases or subscription periods. Changes in pricing will not ordinarily affect a subscription period that has already been paid for, unless otherwise permitted by applicable law or expressly agreed.

15. Payment Processing

Payments may be processed through third-party payment service providers.

MindShiksha may not directly store complete payment-card or banking credentials where payment processing is handled by an authorised payment provider.

Users may also be subject to the payment provider's applicable terms and policies.

MindShiksha is not responsible for failures attributable solely to third-party payment infrastructure, subject to applicable consumer and other laws.

16. Refunds and Cancellation

Refund eligibility will depend upon the product, subscription terms and applicable law.

Where a particular product has a specific refund or cancellation policy, that policy will prevail for that product.

Unless otherwise stated:

• digital services that have already been substantially accessed may not be refundable;
• duplicate or erroneous transactions may be reviewed for refund;
• refunds, where approved, may be processed through the original payment method where practicable; and
• applicable taxes, transaction charges or third-party payment fees may be treated according to applicable law and the relevant payment arrangement.

Nothing in this section limits any mandatory consumer rights available under applicable law.

For refund or cancellation requests, contact: contact@mindshiksha.com

17. Institutional Services

MindShiksha may provide services to institutions under separate commercial or service agreements. Such agreements may specify:

• number of users;
• subscription period;
• institutional administrator rights;
• assessment access;
• reporting;
• training;
• master-trainer programmes;
• data-processing responsibilities;
• support arrangements;
• service levels; and
• other commercial conditions.

Where an institutional agreement conflicts with these Terms regarding a specific institutional service, the applicable written institutional agreement may prevail to the extent permitted by law.

18. Institution Administrator Responsibilities

Institutional administrators are responsible for:

• assigning authorised users;
• maintaining appropriate access controls;
• ensuring that information supplied to MindShiksha is accurate;
• using student/participant information only for authorised purposes;
• protecting administrator credentials;
• complying with applicable privacy and data-protection laws; and
• notifying MindShiksha of unauthorised access or security incidents where appropriate.

19. Privacy and Personal Data

Use of MindShiksha services is also governed by the MindShiksha Privacy Policy.

The Privacy Policy explains how MindShiksha collects, uses, stores, shares and protects personal data.

By using MindShiksha services, you acknowledge that personal data may be processed as described in the Privacy Policy and applicable notices.

Where consent is required by law, MindShiksha will use appropriate consent mechanisms.

20. Child and Student Data

MindShiksha recognises the importance of protecting children's personal data.

Where required by applicable law, MindShiksha will implement appropriate mechanisms concerning:

• parental or lawful guardian consent;
• age-related requirements;
• processing of children's personal data;
• security safeguards; and
• rights relating to children's personal data.

Schools and institutions using MindShiksha are responsible for ensuring that they have the necessary authority to enrol students and provide relevant information to MindShiksha.

21. Third-Party Services

MindShiksha may integrate or rely upon third-party services including:

• payment services;
• hosting and cloud infrastructure;
• email services;
• analytics;
• authentication;
• communication services;
• security services; and
• other technology providers.

Third-party services may be governed by their own terms and privacy policies. MindShiksha will take reasonable steps to select and manage service providers appropriate to the services being provided.

22. Availability of the Platform

MindShiksha will endeavour to maintain reliable access to its services. However, continuous availability cannot be guaranteed.

The Platform may temporarily become unavailable due to:

• maintenance;
• upgrades;
• technical failures;
• cyber incidents;
• telecommunications failures;
• hosting or infrastructure issues;
• force majeure events;
• governmental restrictions; or
• circumstances beyond MindShiksha's reasonable control.

MindShiksha may conduct scheduled or emergency maintenance when necessary.

23. Accuracy of Information

MindShiksha endeavours to provide accurate information. However, errors may occasionally occur in:

• Content;
• pricing;
• descriptions;
• assessment materials;
• software;
• reports; or
• other Platform information.

MindShiksha reserves the right to correct errors and update information.

24. User Responsibilities

Users agree to use MindShiksha responsibly and in accordance with applicable law. You are responsible for:

• information submitted by you;
• maintaining account security;
• appropriate use of assessment results;
• complying with institutional rules where applicable;
• ensuring that your use of the Platform does not infringe another person's rights; and
• complying with these Terms.

25. Prohibited Conduct

You must not use MindShiksha to:

1. commit or facilitate unlawful activity;
2. harass or threaten another person;
3. upload harmful or malicious software;
4. interfere with Platform operations;
5. attempt unauthorised access;
6. circumvent security controls;
7. copy proprietary assessment materials;
8. sell or redistribute access without authorisation;
9. manipulate assessment results;
10. impersonate another person or organisation;
11. infringe intellectual-property rights;
12. collect other users' information without authorisation;
13. use automated scraping or extraction tools without permission;
14. conduct security testing without authorisation; or
15. engage in any activity that could reasonably harm MindShiksha, its users or its infrastructure.

26. Suspension and Termination

MindShiksha may suspend or terminate access where:

• these Terms are materially breached;
• unlawful activity is suspected;
• an account presents a security risk;
• fraudulent activity is detected;
• payment obligations are not fulfilled;
• access is being misused;
• required by law; or
• the service is discontinued.

Where appropriate, MindShiksha may provide notice and an opportunity to remedy the breach. Termination will not affect rights or obligations that by their nature should survive termination.

27. Consequences of Termination

Upon termination:

• your right to access the relevant service may cease;
• unpaid amounts may remain payable where legally due;
• proprietary rights remain protected;
• confidentiality obligations may continue; and
• applicable data-retention obligations will continue to apply.

Personal data will be handled in accordance with the Privacy Policy and applicable law.

28. Disclaimer Regarding Educational Outcomes

MindShiksha provides tools intended to support learning and human-skill development. However, MindShiksha does not guarantee:

• a particular academic result;
• employment;
• promotion;
• admission;
• improvement in IQ or any particular score;
• improvement in examination performance;
• professional success;
• behavioural change; or
• any specific personal or organisational outcome.

Outcomes depend on numerous factors outside MindShiksha's control, including user participation, environment, implementation and individual circumstances.

29. Limitation of Liability

To the maximum extent permitted by applicable law, MindShiksha will not be liable for indirect, incidental, consequential, special or punitive damages arising from the use or inability to use the Platform.

This may include loss arising from:

• interruption of services;
• loss of anticipated benefits;
• loss of data caused by circumstances outside reasonable control;
• reliance upon assessment results;
• third-party services; or
• unauthorised access caused by circumstances beyond reasonable security measures.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.

30. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless MindShiksha, its directors, employees, officers, representatives and service providers from claims, liabilities, losses and expenses arising from:

• your material breach of these Terms;
• unlawful use of the Platform;
• misuse of another person's information;
• infringement of third-party intellectual-property rights; or
• fraudulent or unauthorised activities carried out through your account.

This clause will not apply to the extent that the claim results from MindShiksha's own unlawful conduct or liability that cannot legally be excluded.

31. Feedback

If you provide suggestions, ideas, recommendations or feedback concerning MindShiksha, you grant MindShiksha permission to use such feedback for improving its products and services without creating an obligation to compensate you, unless otherwise agreed in writing.

32. Communications

By creating an account or using MindShiksha services, you agree to receive necessary communications relating to:

• account activity;
• assessments;
• subscriptions;
• payments;
• security;
• service availability;
• technical matters; and
• other matters necessary to provide the service.

Marketing communications will be handled in accordance with applicable law and user preferences.

33. Changes to Services

MindShiksha may:

• introduce new features;
• modify existing features;
• change assessment structures;
• update learning content;
• improve algorithms;
• modify user interfaces;
• suspend particular features; or
• discontinue services.

Where a material change substantially affects a paid service, MindShiksha will endeavour to provide appropriate notice where required.

34. Changes to these Terms

MindShiksha may update these Terms from time to time. Updated Terms will be published on the website with a revised “Last Updated” date.

Where changes are material, MindShiksha may provide additional notice through appropriate channels.

Continued use of the Platform after the effective date of revised Terms may constitute acceptance of the updated Terms, subject to applicable law.

35. Force Majeure

MindShiksha will not be responsible for delays or failure to perform obligations caused by events beyond its reasonable control, including:

• natural disasters;
• floods;
• earthquakes;
• epidemics or pandemics;
• war;
• terrorism;
• civil disturbances;
• governmental actions;
• internet or telecommunications failures;
• major cyber incidents;
• infrastructure failures; or
• other events beyond reasonable control.

36. Governing Law

These Terms shall be governed by the laws applicable in India.

Subject to applicable law, disputes arising from these Terms shall be subject to the jurisdiction of competent courts and authorities having jurisdiction over the relevant matter.

Nothing in these Terms is intended to deprive a consumer or User of any mandatory legal right or statutory remedy.

37. Severability

If any provision of these Terms is determined to be invalid, unlawful or unenforceable, that provision shall be interpreted or modified to the minimum extent necessary to make it enforceable where legally permissible.

The remaining provisions shall continue in full force and effect.

38. Entire Agreement

These Terms, together with the applicable Privacy Policy, Cookie Policy, subscription terms, institutional agreements and other policies expressly incorporated into them, constitute the applicable agreement governing your use of MindShiksha services.

39. No Waiver

Failure by MindShiksha to enforce any provision of these Terms does not constitute a waiver of its right to enforce that provision later.

40. Contact Us

For questions, complaints, account-related matters or other communications concerning these Terms, please contact: