Terms of Service

A1. Introduction

By accessing or using our website, you agree to be bound by these Terms of Service. If you disagree with any part of them, please do not use the website. They apply to all visitors, users and others who access the site.

A2. Eligibility

By using the website, you confirm that you are at least 18 years old, or that you are using the site with the consent and supervision of a parent or guardian, and that you will comply with all applicable laws. Students and parents do not create Kiinara OS accounts on the website; those accounts are created by their institution under Part B.

A3. Use of the website

You agree to:

• Use the website only for lawful purposes
• Avoid any activity that could harm, disrupt or overburden the website
• Refrain from trying to gain unauthorised access to the website or its related systems

A4. Intellectual property

All content on the website, including text, images, graphics, logos and software, belongs to Kiinara or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, modify or use it without our prior written permission.

A5. Content you send us

If you send us content through the website, such as feedback, comments or a demo request, you give Kiinara a non-exclusive, royalty-free, worldwide licence to use, modify and display it to operate and improve our services. You confirm that it does not infringe anyone else's rights. We handle personal data you send us as described in our Privacy Policy.

A6. Third-party links

The website may link to third-party websites for your convenience. We are not responsible for their content, accuracy or practices, and you access them at your own risk.

A7. Disclaimer of warranties

The website is provided "as is" and "as available". To the extent the law allows, we make no warranties, express or implied, about the operation, availability or reliability of the website or its content.

A8. Limitation of liability

To the fullest extent the law allows, Kiinara is not liable for any direct, indirect, incidental or consequential damages resulting from your use of the website. This does not limit liability that cannot be limited by law.

A9. Indemnification

You agree to indemnify and hold harmless Kiinara, its affiliates and employees from claims, damages or liabilities arising from your breach of these Terms or your misuse of the website.

A10. Suspension and termination

We may suspend or end your access to the website if you break these Terms or use it unlawfully. We will give notice where reasonably possible, but may act without notice where needed to protect the website, other users or the law. Subscribed customers are covered by the notice and cure terms in Part B.

A11. Governing law

Part A is governed by the laws of India, and the courts at Chandigarh have jurisdiction, without regard to conflict of law rules.

A12. Changes

We may change these Terms at any time. Changes are posted on this page with the updated date, and continued use of the website means you accept the revised terms. Changes to Part B follow the notice rules in Section B12 of Part B.

B1. Agreement and definitions

These Terms of Service ("Terms") are a binding agreement between Kiinara OS ("Kiinara", "we", "us") and the school, university, institute or other organisation that subscribes to Kiinara OS (the "Customer" or "you"). By signing an order form, starting a trial or using the Services, you accept these Terms. If you accept on behalf of an organisation, you confirm you have authority to bind it.

• Services: Kiinara OS and its modules, web and mobile apps, Kiinara Intelligence (AI features), integrations and related support, and the website kiinaraos.com.
• Authorised Users: the Customer's administrators, teachers, staff, students and parents or guardians whom the Customer allows to use the Services.
• Customer Data: all data the Customer or its Authorised Users put into the Services, including student, parent and staff records.
• Order Form: the quote, proposal or online order that lists the modules, term and fees.

B2. The Services

Kiinara grants the Customer a non-exclusive, non-transferable right to use the modules listed in its Order Form, for its own internal educational and administrative purposes, during the term. Kiinara OS is modular: the Customer may add modules, custom integrations or tailored solutions later by a new or amended Order Form.

We configure the platform, help migrate the Customer's existing data and train its team as described in the Order Form. We may improve, update or change the Services over time, and will not materially reduce core functionality of a paid module during a paid term.

Demos and free trials. Demos, pilots and trials are provided as is, for evaluation only, for the period we tell you. We may end them at any time. Unless the Customer converts to a paid plan, we will delete trial data after 30 days.

B3. Accounts and Customer responsibilities

The Customer is responsible for everything done through its accounts and for its Authorised Users' compliance with these Terms. The Customer must:

• Appoint an administrator, keep account details accurate, and keep credentials confidential
• Give access to students only through accounts the institution creates and manages, and remove access for people who leave
• Have a lawful basis for the Customer Data it uploads, including notices and, for students under 18, verifiable consent from a parent or guardian where the law requires it
• Make sure the Customer Data it enters is accurate and that it has the right to upload it
• Tell us promptly of any unauthorised use or security incident it becomes aware of

B4. Acceptable use

The Customer and its Authorised Users must not:

• Use the Services in breach of any law, or to upload unlawful, abusive, defamatory or infringing content
• Attempt to access another institution's data, or probe, scan or test the security of the Services without our written permission
• Reverse engineer, copy, resell, sublicense or build a competing product from the Services
• Introduce malware, overload the platform, or bypass usage limits or access controls
• Use AI features to generate content that is harmful, discriminatory or misleading, or to make decisions about people without human review
• Share login credentials, or use the Services in a way that harms students or other users

B5. Fees and payment

The Customer pays the fees in its Order Form, in the currency stated there, within 30 days of invoice unless the Order Form says otherwise. Fees are non-refundable except where these Terms or the law say otherwise. Fees exclude taxes, duties and bank charges, which the Customer pays, except taxes on Kiinara's income.

Unless the Order Form says otherwise, subscriptions renew automatically for successive terms equal to the initial term, and we will give 60 days' notice of any price change before renewal. Either party may stop renewal by written notice at least 30 days before the term ends.

If an undisputed invoice is 30 days overdue, we may suspend the Services after written notice until it is paid, and may charge interest at the rate the law allows.

B6. Customer Data and data protection

The Customer owns its Customer Data. It gives Kiinara a limited licence to host, process, transmit and display Customer Data only to provide, secure, support and improve the Services, and as the Customer instructs. We may use aggregated, de-identified data that cannot identify a person or institution to improve the Services.

Both parties will comply with the data protection laws that apply to them, including India's Digital Personal Data Protection Act, 2023 and applicable Mozambican law. Kiinara processes personal data in Customer Data on the Customer's behalf under these Terms and our Privacy Policy, uses security measures suited to the data, and will notify the Customer without undue delay of a breach affecting its Customer Data. On request, we will sign a separate data processing agreement.

The Customer can export its Customer Data at any time during the term, and for 30 days after it ends. After that, we delete it as set out in the Privacy Policy.

B7. Intellectual property and feedback

Kiinara and its licensors own the Services, including the software, designs, models, documentation, the Kiinara and Kiinara OS names and logos, and all improvements. These Terms give the Customer only the right to use the Services, and no ownership. The Customer's names and logos remain its own, and the Customer allows us to name it as a customer and show its logo on our website and materials unless it tells us not to.

Content that Kiinara Intelligence generates for the Customer from its own data, such as reports and learning resources, may be used by the Customer for its educational purposes. If the Customer gives us suggestions or feedback, we may use them freely without obligation.

B8. AI features

Kiinara Intelligence provides insights, predictions, alerts, generated resources and career guidance based on the Customer's data. AI output may be inaccurate, incomplete or out of date. It is meant to support the judgement of teachers and administrators, not replace it.

The Customer is responsible for reviewing AI output before relying on it or sharing it with students or parents. It must not use AI output as the sole basis for a decision with a legal or similarly significant effect on a student or staff member, such as admission, discipline, grading or employment. AI career guidance and generated content are not professional, legal, medical or financial advice.

B9. Confidentiality, third parties, availability and support

Confidentiality. Each party will keep the other's non-public information confidential, use it only for these Terms, and protect it with reasonable care. This does not cover information that is public, already known, independently developed, or that the law requires it to disclose.

Third-party services. The Services may work with third-party services such as payment, messaging and cloud providers. These have their own terms, and Kiinara is not responsible for them, but remains responsible for its own subcontractors.

Availability and support. We aim to keep the Services available 99.9% of the time each month, excluding planned maintenance and events beyond our control, and to provide support during business hours (Monday to Friday, 9 AM to 6 PM IST), by email and chat.

B10. Disclaimers, liability and indemnity

Disclaimer. Except as expressly stated in these Terms, the Services are provided "as is" and "as available", and Kiinara disclaims all other warranties, including merchantability, fitness for a particular purpose and non-infringement, to the extent the law allows. We do not warrant that the Services will be uninterrupted or error-free, or that AI output will be accurate.

Limit of liability. To the extent the law allows, neither party is liable for indirect, incidental, special or consequential loss, or loss of profit, revenue or goodwill. Each party's total liability arising out of these Terms in any 12-month period is limited to the fees the Customer paid in the 12 months before the claim. These limits do not apply to liability that cannot be limited by law, or to the Customer's payment obligations.

Indemnity. The Customer will defend and compensate Kiinara against third-party claims arising from the Customer Data (including lack of required consent) or the Customer's breach of Section B4. Kiinara will defend and compensate the Customer against third-party claims that the Services, used as permitted, infringe that party's intellectual property rights.

B11. Term, suspension and termination

These Terms start on the date of the first Order Form or trial and continue for the subscription term, including renewals. Either party may end them by written notice if the other materially breaches them and does not fix the breach within 30 days of notice, or if the other becomes insolvent.

The Customer may end the subscription at the end of its term by giving notice under Section B5. On termination or expiry, the Customer's right to use the Services ends, it must pay all fees due up to that date, and it can export its Customer Data for 30 days as described in Section B6. Provisions that by their nature should survive, including payment, intellectual property, confidentiality, disclaimers, liability and governing law, continue after termination.

B12. Governing law, changes and contact

Governing law and disputes. These Terms are governed by the laws of India. The parties will first try to settle any dispute in good faith through discussion. If that fails, the courts at Chandigarh, India have exclusive jurisdiction. For Customers in Mozambique, the laws of Mozambique and the courts of Maputo apply.

Changes. We may update these Terms from time to time. We will give the Customer at least 30 days' notice of material changes by email or in the product, and use after that date means acceptance. A signed Order Form is not changed by an update until it renews.

General. These Terms and the Order Form are the entire agreement. If a provision is unenforceable, the rest stays in force. Neither party may assign the agreement without the other's consent, except to a successor in a merger or sale of its business. Neither party is liable for delays caused by events beyond its reasonable control. A failure to enforce a right is not a waiver of it.