Legal
Terms of Service
These Terms of Service ("Terms") govern your use of OVIA ERP (the "Service"), a cloud-based school management (SaaS) platform provided by AYCreation IT Services ("we", "us", "our").
By subscribing to, accessing, or using the Service, the school or organisation using it (the "Customer") agrees to these Terms. If you are accepting on behalf of a school, you confirm you are authorised to bind it.
1. Definitions
- "Service" means the OVIA ERP software, applications, and related support provided by us.
- "Customer" means the school or organisation that subscribes to the Service.
- "Users" means the administrators, staff, teachers, students, and parents authorised by the Customer to use the Service.
- "Customer Data" means the data the Customer and its Users enter into or generate through the Service.
2. The Service and licence
Subject to these Terms and payment of applicable fees, we grant the Customer a non-exclusive, non-transferable right to access and use the Service for its internal school-management purposes during the subscription term.
We may improve, update, or modify the Service from time to time. We will not materially reduce core functionality of an active subscription without reasonable notice.
3. Accounts and responsibilities
The Customer is responsible for:
- Providing accurate account information and keeping it up to date.
- Keeping login credentials confidential and controlling who has access.
- The activity of its Users and ensuring they comply with these Terms.
- Obtaining any consents required from parents, students, and staff for the data it processes through the Service.
4. Acceptable use
The Customer and its Users must not:
- Use the Service for any unlawful purpose or in breach of any applicable law.
- Upload content that is unlawful, infringing, or harmful.
- Attempt to gain unauthorised access to the Service or other customers' data.
- Reverse engineer, copy, resell, or sublicense the Service except as permitted by law.
- Interfere with or disrupt the integrity or performance of the Service.
5. Customer Data and ownership
As between the parties, the Customer owns all Customer Data. We process Customer Data only to provide the Service and as described in our Privacy Policy, acting as a Data Processor on the Customer's behalf.
The Customer grants us the limited right to host, process, and transmit Customer Data as necessary to deliver and support the Service. On termination, the Customer can export its data in standard formats as described below.
6. Fees, billing, and taxes
OVIA ERP is offered on quote-based, per-student pricing. Pricing and plan details are agreed with each Customer.
- Fees are invoiced as agreed in the applicable quote or order.
- Applicable taxes, including GST, are charged in addition to the fees.
- There are no separate charges for activating additional standard modules unless stated in the quote.
- Invoices are payable within the period stated on the invoice; overdue amounts may lead to suspension after notice.
7. Term, renewal, and termination
The subscription runs for the term agreed with the Customer. We do not impose lock-in — either party may choose not to renew, and either party may terminate for material breach that is not remedied within a reasonable notice period.
On termination or expiry, the Customer's right to use the Service ends. We will make Customer Data available for export in standard formats within seven days of a written request, after which it is deleted in line with our retention schedule.
8. Service availability and support
We use commercially reasonable efforts to keep the Service available and to provide onboarding, training, and support through our published channels. Planned maintenance is carried out with reasonable notice where practical.
Unless a separate service-level agreement is signed, availability targets stated on our website or marketing materials are goals, not contractual guarantees.
9. Third-party services
The Service may integrate with third-party providers (for example SMS, WhatsApp, or payment gateways). Use of those features may be subject to the third party's own terms, and we are not responsible for third-party services beyond our reasonable control.
10. Intellectual property
We and our licensors own all rights in the Service, including its software, design, and trademarks. These Terms do not transfer any ownership in the Service to the Customer. Any feedback the Customer provides may be used by us to improve the Service.
11. Confidentiality
Each party agrees to protect the other's confidential information and to use it only as needed to perform under these Terms, except where disclosure is required by law.
12. Warranties and disclaimers
We provide the Service with reasonable care and skill. Except as expressly stated, the Service is provided "as is" and we do not make other warranties, whether express or implied, to the maximum extent permitted by law.
13. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, or consequential losses. Our total aggregate liability arising out of or relating to the Service is limited to the fees paid by the Customer for the Service in the twelve months preceding the event giving rise to the claim.
14. Indemnity
The Customer agrees to indemnify us against claims arising from its unlawful use of the Service or its breach of these Terms, including claims relating to data it processes without the necessary consents.
15. Changes to the Service or these Terms
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, notify Customers through the Service. Continued use after changes take effect constitutes acceptance.
16. Governing law and jurisdiction
These Terms are governed by the laws of India. The courts at Ranchi, Jharkhand have exclusive jurisdiction over any dispute, subject to applicable law.
17. Contact
For any questions about these Terms, contact AYCreation IT Services:
- Email: support@oviaerp.com
- Phone: +91 77177 07317
- Address: Ranchi, Jharkhand, India
Questions about this document? Please contact us or email support@oviaerp.com.
