This is an agreement (hereinafter “Terms”) between you or the entity that you represent (hereinafter “YOU” or “YOUR”) and FAIRCODE TECHNOLOGIES PRIVATE LIMITED (hereinafter “FAIRCODE”) governing your use of Open-School website, Open-School software and other services (hereinafter "Service" or “services”). Your use of the services indicates you agree to the Terms, so please read carefully.
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the Terms, do not use any of our Services. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services.
Access to some of our Services requires you to download a software package — referred to as “Software”. The Software is licensed to you and not sold, subject to the terms of this agreement. We grant you a nonexclusive, non-transferable, revocable license to use the Software solely for your personal purposes. This license enters into force through your installation or use of the Software in accordance with the Terms. All rights and licenses not expressly granted to you under this agreement are retained by FAIRCODE. We may update the Software on your device automatically to provide new features and security upgrades.
We make much of our code available under open-source licenses that constitute separate written agreements. Our open-source code can be found at Github . There may be provisions in the open-source licenses that expressly override these terms.
The software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both India and foreign countries. These terms don’t give you the right to use the FAIRCODE logos, trademarks, domain names, or other brand features.
You agree that you won’t attempt to or in fact do the following to the Services: probe, scan, or test the vulnerability of any system or network; breach or otherwise circumvent any security or authentication measures; access, tamper with, or use non-public areas of the Services, areas of the Services you haven’t been invited to including FAIRCODE’s or our service providers’ computer systems; or commercialize, reproduce, modify, translate, create any derivative works, circumvent, disable, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Services (our open-source code is subject to separate licenses).
All content submitted to or available through the Services is the sole responsibility of the person who submitted the content. By submitting, posting, or displaying content as part of the Services, you give FAIRCODE the right to use such content. FAIRCODE doesn’t control, monitor, or have any detailed knowledge of the content. Therefore, you may be exposed to info that’s incorrect, offensive, or otherwise objectionable. FAIRCODE shall not be liable for the content and other info spread or delivered through or in connection with the Services. You agree that you shall bear all risks associated with the use of such info. We have no responsibility to remove content you make public — for example, comments you make on our blog or forum — so please be careful with what you post.
We choose our third-party providers and payment processors carefully but we’re not responsible for the practices employed by websites linked to or from the Services, nor their information or content. When you use a link to go from the Services to another website, your browsing and interaction is subject to that website's own rules and policies, not ours. Please read over those rules and policies before proceeding.
We do our best to provide a great service, but we have no obligation to provide support or maintenance for the Services under this agreement. However, we may, at our sole discretion, provide limited technical support, upgrades, and updates.
You may terminate this agreement at any time by ceasing to participate in or access the Services. We may terminate this agreement and your use at any time, without cause and without notice. This agreement will automatically terminate if you fail to comply with the Terms. Upon any termination, you agree to uninstall and stop using the Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAIRCODE MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE SERVICES, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THE SERVICES ARE PROVIDED “AS IS” AND YOU’RE ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE.
You understand and acknowledge that FAIRCODE won’t be liable for problems attributable to the operation of the Services. Some states don’t allow these types of limiting terms.
YOU EXPRESSLY AGREE THAT FAIRCODE SHALL, IN NO EVENT, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS AND GOODWILL, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, even if advised of the possibility of such damages. Your only right or remedy with respect to any problems or dissatisfaction with the Services is to uninstall and stop using the Services. In any event, direct damages are limited to the greater of (a) the amount paid for the Services or (b) $100.
If any of, or portions thereof, the Terms are invalid or unenforceable, the court shall reform the Terms to include an enforceable term as close to the intent of the original term as possible. All other terms shall remain unchanged.
The waiver or failure of FAIRCODE to exercise any right provided for in the Terms shall not be deemed a waiver of any further or future right under the Terms.
You agree to indemnify and hold harmless FAIRCODE, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by FAIRCODE.
GOVERNING LAW: The construction of this agreement and the adjudication of any dispute arising out of this agreement, or having reference to any transaction effected in furtherance of this agreement, shall be strictly and only be carried out in accordance with the internal laws prevalent in the State of Kerala, India. It is expressly understood that the application of the internal laws of State of Kerala will exclude the application of laws prevalent in any other jurisdiction to the matters pertaining to this agreement. This agreement further expressly excludes the application of the UN Convention on Contracts for the International Sale of Goods and other international covenants and treaties governing international trade.
We may make small, inconsequential changes to the Terms with or without notice to you, so you’re encouraged to review the Terms from time to time. By continuing to use the Services after revisions become effective, you are agreeing to the revised terms. If you don’t agree to the revised terms, please stop using the Services.
You can contact us at support (@) faircodetech.com if you have any questions about the Terms.