These Terms of Service ("Terms") govern access to and use of the NextOrg school-management platform, including its web application and RFID attendance hardware (together, the "Service"), provided by Susovan Pal, sole proprietor trading as Inloom Innovative Creations ("NextOrg," "we," "us"), GSTIN 19GJYPP7000J1ZF, registered address at Sri Surura, near Katwa Govt. ITI, Srisurah, Katwa, Purba Bardhaman, West Bengal – 713130, India.
By creating an account, signing an Order Form, or otherwise using the Service, the school entity accessing the Service ("Customer," "you," "your") agrees to these Terms. If you are entering into these Terms on behalf of a school, you represent that you have authority to bind that school.
Where a Customer has signed a Master Service Agreement ("MSA") with NextOrg, the MSA and its annexures (including the Order Form and Data Processing Agreement) take precedence over these Terms in case of conflict.
1. The Service
NextOrg provides a multi-tenant SaaS platform for school administration — including student and staff records, attendance (including RFID-based attendance hardware), fee management, examinations/report cards, and communications — together with associated hardware devices where purchased or leased as part of the Service.
2. Accounts and responsibilities
- The Customer is responsible for the accuracy of data entered into the Service and for obtaining any consents (including parental consent for students' personal data) required before entering that data.
- The Customer is responsible for managing user accounts and access levels (administrator, staff, student) within its organization and for promptly deactivating accounts of individuals who should no longer have access.
- Credentials must be kept confidential. The Customer is responsible for activity that occurs under its accounts, except to the extent caused by NextOrg's breach of these Terms.
3. Acceptable use
You will not, and will not permit any user to:
- Access or attempt to access another school's data, or any part of the Service not made available to you;
- Use RFID scan data, attendance records, or any other data collected through the Service for any purpose other than the school's own attendance, safety, and administrative purposes (no repurposing for surveillance, profiling, or advertising);
- Attempt to probe, scan, or test the vulnerability of the Service, or breach any security or authentication measures, without NextOrg's prior written authorization;
- Upload or transmit malicious code, or use the Service to send unsolicited communications;
- Extract, scrape, or bulk-export data from the Service except through features NextOrg provides for that purpose;
- Reverse-engineer, decompile, or attempt to derive the source code of the Service, except as permitted by law;
- Use the Service in a manner that violates applicable law, including data protection law applicable to students' and staff's personal data.
4. Fees and payment
- Subscription fees are set out in the applicable Order Form and are negotiated individually with each school; NextOrg does not publish a fixed rate card.
- Fees are payable in accordance with the payment terms specified in the Order Form. Late payment may result in suspension of the Service after reasonable notice.
- Fees collected by a school from parents/guardians through the Service's fee-management or payment-gateway integration are the school's own funds; NextOrg is not a party to, and assumes no liability for, the underlying fee arrangement between a school and its students' families.
5. Intellectual property
- Customer Data. The Customer retains all rights to the data it or its users submit to the Service ("Customer Data"). NextOrg is granted only the rights necessary to provide the Service, as further described in the Data Processing Agreement.
- The Service. NextOrg and its licensors retain all right, title, and interest in and to the Service, including all software, hardware designs, documentation, and the NextOrg and Inloom Innovative Creations names and marks. Nothing in these Terms transfers any such rights to the Customer.
6. Hardware (RFID devices)
Where NextOrg supplies RFID attendance hardware as part of the Service:
- Risk of loss or damage to a device passes to the Customer upon delivery/installation, unless otherwise agreed in the Order Form.
- The Customer must not tamper with, physically open, or attempt to reprogram devices except through mechanisms NextOrg provides.
- NextOrg may issue firmware updates to devices from time to time to maintain security and functionality.
7. Warranties and disclaimers
NextOrg will provide the Service with reasonable skill and care. Except as expressly stated in these Terms or an applicable MSA, the Service is provided "as is" and NextOrg disclaims all other warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.
8. Limitation of liability
To the maximum extent permitted by law, NextOrg's aggregate liability arising out of or relating to these Terms or the Service will not exceed the fees paid by the Customer to NextOrg in the 12 months preceding the event giving rise to the claim. Neither party will be liable for indirect, incidental, special, consequential, or punitive damages, except in cases of gross negligence, willful misconduct, or breach of confidentiality/data-protection obligations, where a higher limit may apply as set out in the Data Processing Agreement.
9. Indemnification
Each party will indemnify the other against third-party claims arising from its breach of these Terms, its violation of applicable law, or (in the Customer's case) its failure to obtain necessary consents for data entered into the Service.
10. Suspension and termination
- Either party may terminate the Service relationship for convenience with 60 days' written notice, or as otherwise specified in the applicable Order Form.
- NextOrg may suspend access immediately if reasonably necessary to prevent harm to the Service, other customers, or to comply with law, and will restore access promptly once the issue is resolved.
- Upon termination, NextOrg will make Customer Data available for export and will delete or return it in accordance with the Data Retention & Deletion Schedule (generally within 60 days of termination, subject to legally required retention periods for financial records).
11. Support
NextOrg provides support during the hours published at [support hours: Monday–Friday 9:00 AM–6:00 PM IST, Saturday 10:00 AM–2:00 PM IST], via the channels listed in Section 14 of the Privacy Policy.
12. Changes to the Service and these Terms
We may update the Service and these Terms from time to time. We will provide reasonable notice of material changes. Continued use of the Service after such changes take effect constitutes acceptance of the updated Terms.
13. Governing law and dispute resolution
These Terms are governed by the laws of India. Any dispute arising out of or relating to these Terms will first be attempted to be resolved through good-faith negotiation, failing which it will be subject to the exclusive jurisdiction of the courts at Kolkata, West Bengal.
14. General
- These Terms, together with any MSA, Order Form, and DPA, constitute the entire agreement between the parties regarding the Service.
- Neither party may assign these Terms without the other's consent, except in connection with a merger, acquisition, or sale of substantially all assets.
- If any provision of these Terms is held unenforceable, the remaining provisions continue in full force.