Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("Student," "User," "you") and Tangible Learning ("we," "us," "our") governing your use of our website, tutoring services, exam portal, class recordings, and all related platforms and materials (collectively, "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Services.

For users under 18 years of age: Parental or legal guardian consent is required to use our Services. By using our Services as a minor, you represent that your parent or guardian has reviewed and agreed to these Terms on your behalf.

2. Eligibility and Account Registration

2.1 Eligibility

You must:

• Be at least 13 years of age (with parental consent if under 18)
• Have the legal capacity to enter into this agreement
• Provide accurate and complete information during registration
• Comply with all applicable laws in your jurisdiction

2.2 Account Responsibilities

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 breach at naveenp@tangiblelearning.in
• Ensuring your contact information is current and accurate

2.3 Account Restrictions

You may not:

• Share your account credentials with any other person
• Create multiple accounts for the same individual
• Use another person's account without permission
• Register using false, misleading, or fraudulent information
• Create an account if you have been previously banned or suspended

2.4 Minor Accounts

For users under 18:

• A parent or legal guardian must provide consent before registration
• We may require verification of parental consent
• Parents/guardians are responsible for monitoring their minor's use of Services
• Parents/guardians may request account termination at any time

Failure to comply with these requirements may result in immediate account suspension or termination.

3. Acceptable Use Policy

You agree to use our Services only for lawful, educational purposes.

3.1 Prohibited Activities

You agree NOT to:

• Misuse, hack, damage, disrupt, or interfere with the platform's operation
• Attempt to access unauthorized areas, accounts, or data
• Use automated tools (bots, scrapers) to access or extract content
• Copy, reproduce, share, or redistribute exam questions, test materials, or proprietary content
• Share class recordings outside of authorized educational use
• Use the exam portal for cheating, academic fraud, or unauthorized submissions
• Upload or transmit harmful content (viruses, malware, spam)
• Upload inappropriate, offensive, or illegal content
• Impersonate another person or entity
• Harass, threaten, or abuse other users or staff
• Violate any intellectual property rights
• Circumvent security measures or access controls
• Reverse engineer or decompile any part of our platform
• Use our Services to compete with or undermine our business

3.2 Academic Integrity

• You must complete all assessments honestly and independently
• Using unauthorized materials during exams constitutes cheating
• Sharing test questions or answers with others is strictly prohibited
• All work submitted must be your own unless collaboration is explicitly permitted

3.3 Content Standards

User-generated content (messages, uploads, submissions) must:

• Be respectful and appropriate for an educational environment
• Not contain offensive, discriminatory, or hateful language
• Not violate copyright, trademark, or other intellectual property rights
• Not contain personal information of others without consent

Consequences of Violations: Violation of this Acceptable Use Policy may result in:

• Warning and mandatory review of Terms
• Temporary suspension of account access
• Permanent account termination without refund
• Reporting to educational institutions or authorities
• Legal action for significant violations

4. Tutoring Services

4.1 Services Provided

Tangible Learning offers:

• Live one-on-one and group tutoring sessions
• Recorded tutoring session access for enrolled students
• Educational resources, study materials, and practice problems
• Exam portal access for practice tests and assessments
• Progress tracking, performance analytics, and personalized recommendations
• Homework support and assignment review
• Test preparation strategies and exam techniques

4.2 Service Scope and Limitations

We provide:

• Expert instruction in Physics and Mathematics
• Support for AP, IB Diploma Programme, A-Level, and SAT curricula
• Study strategies and learning techniques

We do NOT provide:

• Guarantees of specific academic outcomes, test scores, or grades
• Guarantees of admission to specific universities or programs
• Completion of homework or assignments on your behalf
• Academic credentials or certifications beyond our tutoring services
• Medical, psychological, or counseling services

4.3 Scheduling and Attendance

• Sessions must be scheduled in advance according to our booking procedures
• Students are expected to attend scheduled sessions on time
• Cancellations must be made at least 24 hours in advance (see Section 12: Cancellation Policy)
• Repeated no-shows may result in scheduling restrictions

4.4 Student Responsibilities

Students are expected to:

• Come prepared with questions and materials
• Actively participate in sessions
• Complete recommended practice work
• Communicate challenges and learning needs
• Respect instructors and maintain professional conduct

5. Exam Portal Terms

5.1 Portal Access and Use

By accessing our exam portal, you agree that:

• Each account is for individual learning only and may not be shared
• You will not duplicate, copy, screenshot, or distribute test content
• You will complete all assessments independently without unauthorized assistance
• You understand that portal use is monitored for security and integrity

5.2 Data Collection and Monitoring

The exam portal collects:

• Test attempts, answers, scores, and timestamps
• Navigation patterns and answer-changing behavior
• Device information and IP addresses
• Performance analytics and learning patterns

This data is used to:

• Generate personalized performance reports
• Identify areas for improvement
• Detect unusual patterns that may indicate cheating or technical issues
• Improve test quality and platform functionality

5.3 Performance Data Visibility

Your exam portal performance data is visible to:

• You (through your account dashboard)
• Your assigned tutors and instructional staff
• Parent/guardian (for minor accounts)
• Administrative staff (for support and quality assurance)

5.4 Integrity and Anti-Cheating Measures

We employ monitoring systems to detect:

• Multiple accounts from the same device/IP
• Unusual answer patterns or timing
• Content sharing or unauthorized collaboration
• Use of unauthorized materials

Suspected cheating will result in:

• Immediate investigation and review
• Possible test invalidation
• Account suspension or termination
• Notification to parents/guardians (for minor accounts)

6. Payments, Fees, and Refunds

6.1 Payment Terms

• All fees must be paid in full as communicated at the time of enrollment
• Payment is due before or at the start of services unless otherwise agreed
• We accept payment via Razorpay, Wise, bank transfer, or other approved methods
• All prices are listed in the applicable currency at the time of purchase

6.2 Currency and Taxes

• Fees may be subject to GST, VAT, or other applicable taxes based on your jurisdiction
• International payment processing fees may apply
• Exchange rates (for international payments) are determined by the payment processor

6.3 Late Payments

Failure to complete payment may result in:

• Suspension of access to Services
• Cancellation of scheduled sessions
• Account restrictions
• Collection efforts for outstanding balances

6.4 Refund Policy

Our refund policy varies by service type and circumstance:

General Guidelines:

• Refund requests must be submitted in writing to naveenp@tangiblelearning.in
• Refunds are processed according to the Refund Policy applicable at the time of purchase
• Processing time: 7-14 business days after approval

Non-refundable items:

• Registration or administrative fees
• Completed tutoring sessions
• Accessed class recordings
• Downloadable materials that have been accessed
• Services used beyond the refund eligibility period

Circumstances for refund consideration:

• Technical issues preventing service delivery (on our end)
• Instructor unavailability not resolved within reasonable time
• Service cancellation by Tangible Learning

Refunds are granted at our discretion based on individual circumstances.

6.5 Price Changes

We reserve the right to modify pricing for Services. Price changes:

• Apply to new enrollments after the change
• Do not affect existing contracts or prepaid services
• Will be communicated via email or website notice

7. Intellectual Property Rights

7.1 Our Content Ownership

All content and materials provided through our Services are protected by copyright, trademark, and other intellectual property laws.

This includes:

• Course materials, study guides, and worksheets
• Exam questions, practice tests, and answer keys
• Video recordings of tutoring sessions
• Proprietary teaching methods and strategies
• Website content, design, and functionality
• Logo, branding, and trademarks
• Software code and algorithms (exam portal)

7.2 License to Use Our Content

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use materials for your personal educational purposes
• View class recordings during your enrollment period
• Download materials explicitly marked as downloadable

You may NOT:

• Copy, reproduce, or distribute our content
• Modify, create derivative works, or reverse engineer our materials
• Share materials with non-enrolled individuals
• Use content for commercial purposes
• Remove copyright notices or attributions
• Upload our materials to public platforms or file-sharing sites

7.3 Class Recordings

• Live classes may be recorded for educational and quality assurance purposes
• Recordings are accessible only to enrolled students during their enrollment
• Recordings remain our intellectual property
• You may not download, share, publish, or distribute recordings without written permission
• Permission requests: naveenp@tangiblelearning.in

7.4 Student Work and Submissions

• You retain ownership of original work you create and submit
• By submitting work, you grant us a license to:
  • Use submissions for educational feedback and grading
  • Store submissions for academic records
  • Use anonymized work samples for educational improvement
• We will not publish or share your work publicly without explicit permission

7.5 Enforcement

Unauthorized use of our intellectual property may result in:

• Immediate account termination
• Legal action for copyright infringement
• Claims for damages and legal fees
• Reporting to relevant authorities

8. Service Availability and Modifications

8.1 Service Availability

We strive to provide reliable, uninterrupted access to our Services. However, we may temporarily suspend access for:

• Scheduled maintenance and updates
• Technical issues or system failures
• Security concerns or cyber attacks
• Force majeure events (see Section 15)
• Legal or regulatory compliance

8.2 Advance Notice

We will attempt to provide advance notice of planned interruptions when possible, but cannot guarantee notice for:

• Emergency maintenance
• Unexpected technical failures
• Security incidents requiring immediate action

8.3 Service Modifications

We reserve the right to modify, update, or discontinue any aspect of our Services at any time, including:

• Adding or removing features
• Changing exam portal functionality
• Updating course content and curriculum
• Modifying scheduling procedures
• Adjusting service delivery methods

8.4 No Liability for Unavailability

We are not liable for:

• Service interruptions or downtime
• Loss of data due to technical issues
• Inability to access Services due to your internet connectivity
• Delays in response or support
• Any indirect, incidental, or consequential damages resulting from service unavailability

9. Limitation of Liability

9.1 Maximum Liability

To the fullest extent permitted by law, Tangible Learning's total liability for any claims arising from or related to these Terms or Services shall not exceed the amount you paid to us in the six (6) months immediately preceding the event giving rise to liability.

9.2 Excluded Damages

We shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Loss of academic standing, grades, or test scores
• Failure to gain admission to educational institutions
• Emotional distress or reputational harm
• Third-party claims or actions
• Any damages arising from your violation of these Terms

9.3 Educational Outcomes Disclaimer

We do not guarantee:

• Specific test scores, grades, or academic outcomes
• Improvement by any particular amount or percentage
• Admission to any university or program
• Passing any examination
• Achievement of personal academic goals

Results depend on many factors including student effort, aptitude, preparation time, and external circumstances beyond our control.

9.4 Third-Party Services

We are not responsible or liable for:

• Actions or omissions of third-party service providers
• Content on linked third-party websites
• Payment processing errors or delays
• Video conferencing platform failures
• Internet service disruptions

9.5 Your Responsibility

You acknowledge that:

• You use our Services at your own risk
• You are responsible for your own learning outcomes
• We provide educational support, not guarantees
• Academic success requires your active effort and engagement

Some jurisdictions do not allow limitation of implied warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Tangible Learning, its owners, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use or misuse of our Services
• Your violation of these Terms or our policies
• Your violation of any third-party rights, including intellectual property rights
• Your violation of any applicable laws or regulations
• Content you submit, post, or transmit through our Services
• Your negligent or willful misconduct
• Unauthorized use of your account due to your failure to safeguard credentials
• False or misleading information provided during registration

This indemnification obligation survives termination of your account and these Terms.

11. Account Termination

11.1 Termination by You

You may request account deletion at any time by:

• Contacting us at naveenp@tangiblelearning.in
• Following account deletion procedures in your account settings

Upon termination by you:

• Access to Services will be revoked
• Prepaid fees may be refunded according to our Refund Policy (Section 6.4)
• Your data will be handled according to our Privacy Policy and data retention requirements

11.2 Termination by Us

We reserve the right to suspend or terminate your account immediately, with or without notice, if:

• You violate these Terms or any of our policies
• You engage in fraudulent, abusive, or illegal activity
• Payment obligations are not met
• You pose a security risk to our platform or users
• Your account has been inactive for an extended period
• We discontinue Services (with appropriate notice)
• We are required to do so by law or legal process

11.3 Effects of Termination

Upon termination or suspension:

• You lose access to all Services, including exam portal and class recordings
• Outstanding fees remain due and payable
• Any licenses granted to you are immediately revoked
• We may delete your account data after applicable retention periods
• Sections of these Terms that should survive (including Sections 7, 9, 10, 12, and 14) remain in effect

11.4 No Refund for Violation-Based Termination

If your account is terminated for violation of these Terms, you are not entitled to any refund of prepaid fees.

12. Cancellation and Rescheduling Policy

12.1 Session Cancellations by Student

• Cancellations must be made at least 24 hours before the scheduled session
• Cancellations made less than 24 hours in advance may not be eligible for rescheduling or refund
• No-shows (failure to attend without cancellation) are treated as completed sessions
• Cancellation requests: naveenp@tangiblelearning.in

12.2 Session Cancellations by Instructor

If your instructor must cancel:

• We will provide as much advance notice as possible
• You will be offered a rescheduled session at no additional cost
• If rescheduling is not possible, you may receive a refund or credit

12.3 Rescheduling Requests

• Rescheduling must be requested at least 24 hours in advance when possible
• Rescheduling is subject to instructor availability
• Repeated rescheduling may result in scheduling restrictions

12.4 Emergency Cancellations

We understand that emergencies occur. If you must cancel due to:

• Medical emergency
• Family emergency
• Technical issues beyond your control

Please contact us as soon as possible at naveenp@tangiblelearning.in. We will work with you to find a reasonable solution on a case-by-case basis.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at naveenp@tangiblelearning.in to attempt to resolve the matter informally. We will work in good faith to reach a mutually acceptable resolution within thirty (30) days.

13.2 Arbitration Agreement

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or Services shall be resolved through binding arbitration rather than in court, except as provided below.

Arbitration terms:

• Conducted under the Arbitration and Conciliation Act, 1996
• Administered by a mutually agreed arbitration body
• Location: India (specific city to be determined based on mutual agreement)
• Language: English
• One arbitrator mutually agreed upon or appointed according to arbitration rules
• Each party bears its own legal costs unless arbitrator rules otherwise

13.3 Exceptions to Arbitration

Either party may bring suit in court for:

• Injunctive or equitable relief for intellectual property infringement
• Claims that may be brought in small claims court
• Collection of unpaid fees

13.4 Class Action Waiver

You agree that any arbitration or court proceeding shall be conducted on an individual basis and not as part of a class action, consolidated action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13.5 Governing Law and Jurisdiction

These Terms are governed by the laws of India, without regard to conflict of law principles. Any legal disputes not subject to arbitration shall be brought exclusively in the courts of India.

14. GDPR-Specific Terms (EU/EEA/UK Users)

If you reside in the European Union, European Economic Area, or United Kingdom, additional terms apply:

14.1 Data Processing

You acknowledge that:

• Your personal data will be transferred and processed outside the EU/EEA/UK
• International transfers are protected by Standard Contractual Clauses or equivalent safeguards
• Processing is based on contractual necessity, legitimate interest, consent, or legal obligation

14.2 Your GDPR Rights

You retain all GDPR rights as described in our Privacy Policy, including:

• Right of access and rectification
• Right to erasure ("Right to Be Forgotten")
• Right to restrict processing
• Right to data portability
• Right to object to processing
• Right to withdraw consent
• Right to lodge a complaint with your Data Protection Authority

14.3 Automated Decision-Making

Our exam portal uses automated systems for performance analysis. You have the right to:

• Request human review of automated decisions
• Express your viewpoint regarding automated processing
• Contest decisions that significantly affect you

14.4 GDPR Contact

For GDPR-related requests or questions: gdpr@tangiblelearning.in

15. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters (earthquakes, floods, storms, pandemics)
• War, terrorism, civil unrest, or government actions
• Labor disputes, strikes, or lockouts
• Failure of third-party services (internet, hosting, payment processors)
• Cyber attacks, hacking, or security breaches
• Power outages or telecommunications failures
• Changes in law or regulatory requirements

During force majeure events:

• We will make reasonable efforts to minimize disruption
• We may suspend Services temporarily without liability
• Fees may be prorated or credited for extended service interruptions
• We will notify you as soon as reasonably practicable

If force majeure continues for more than thirty (30) days, either party may terminate the agreement without penalty.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other referenced policies, constitute the entire agreement between you and Tangible Learning regarding use of our Services and supersede all prior agreements, representations, and understandings.

16.2 Severability

If any provision of these Terms is found to be unenforceable, invalid, or illegal by a court of competent jurisdiction:

• That provision shall be modified to the minimum extent necessary to make it enforceable
• If modification is not possible, the provision shall be severed
• All other provisions shall remain in full force and effect

16.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of Tangible Learning.

No waiver of any breach shall be deemed a waiver of any subsequent breach.

16.4 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign these Terms, in whole or in part, at any time without notice, including in connection with a merger, acquisition, or sale of assets.

16.5 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to:

• Intellectual Property Rights (Section 7)
• Limitation of Liability (Section 9)
• Indemnification (Section 10)
• Dispute Resolution (Section 13)
• General Provisions (Section 16)

16.6 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment, agency, or franchise relationship between you and Tangible Learning. You have no authority to bind or represent us in any capacity.

16.7 Notices

All notices under these Terms must be in writing and sent to:

• Email: naveenp@tangiblelearning.in
• For legal notices: Include "LEGAL NOTICE" in subject line

Notices are deemed received:

• Email: 24 hours after sending
• Physical mail: Upon delivery confirmation

You agree to keep your contact information current and accurate.

16.8 Language

These Terms are written in English. If translated into other languages, the English version shall prevail in case of any inconsistency or dispute regarding interpretation.

16.9 Headings

Section headings in these Terms are for convenience only and do not affect interpretation.

16.10 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated herein.

17. Updates to Terms of Service

We reserve the right to modify, update, or replace these Terms at any time. Changes may be made to:

• Reflect new features or services
• Comply with legal or regulatory requirements
• Improve clarity or address user feedback
• Address security or operational concerns

17.1 Notification of Changes

When we make material changes:

• We will update the "Last Updated" date at the top of these Terms
• We will notify you via email to your registered address
• We may display a prominent notice on our website
• For significant changes affecting your rights, we will provide at least 30 days' notice

17.2 Your Acceptance

Continued use of our Services after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must:

• Stop using our Services
• Request account termination before the effective date
• You may be entitled to a prorated refund for prepaid services (subject to Refund Policy in Section 6.4)

17.3 Archived Versions

Previous versions of these Terms are available upon request to: naveenp@tangiblelearning.in

18. Contact Information

For questions, concerns, or notices regarding these Terms of Service: