DEFINITIONS

1.1

“Apps” mean the apps available for download from an app marketplace to LearnStation for use on LearnStation.

1.2

“Content” means all.

1.3

“Child” means a child or children under 16 years of age.

1.4

“Parent” means the Child’s legal parent or guardian.

1.5

“User” means you or your Child.

ELIGIBILITY

2.1

By accessing or using LearnStation, you represent and warrant to BYJU’S that (i) you are of legal age to form a binding contract, or, if you are a Child, you have your parent’s permission to access or use LearnStation, and your parent has read and agrees to these Terms on your behalf; (ii) all information you provide is accurate, current and complete; (iii) you will maintain the accuracy and completeness of such information; and (iv) if you are accepting these on behalf of an institution, school, company or other legal entity, you have the authority to bind that institution, school, company or legal entity to these Terms. You also certify that you are legally permitted to use and access LearnStation and take full responsibility for the selection and use of and access to LearnStation. These Terms are void where prohibited by law, and the right to access LearnStation is revoked in such jurisdictions.

2.2

 LearnStation is intended to be made available only in the United States, India, and such other jurisdictions as BYJU’S may identify from time to time. In the event a User uses or accesses LearnStation in any other jurisdictions (i.e., jurisdictions not permitted under these Terms), please immediately stop using LearnStation and notify us of the availability of LearnStation in such other jurisdictions via email at  support_usa@byjus.com.

PERSONAL INFORMATION AND CHILDREN

3.1

 When you signup and purchase the LearnStation device, you certify that you are the Parent of the Child listed in the order form (“Order”) and are providing your consent for your Child to use LearnStation. If you did not purchase your LearnStation from us, your Child is not authorized to use said LearnStation and we do not agree to receive their Personal Information.

3.2

 LearnStation may collect personal information (“Personal Information”) from you and your Child and use that information to create accounts and setup and configure the device as outlined in the Privacy Policy.

3.3

 You agree and confirm that all Personal Information and other information you provide shall be accurate, truthful, current and complete, and that you are responsible for keeping the same up to date. In the event of any change to information provided hereunder, you must promptly notify BYJU’S by contacting us using the contact information provided in the Privacy Policy.

3.4

 LearnStation includes Preinstalled Learning Applications (defined below), that may collect Personal Information from you and your Child and use that information to create accounts and provide a personalized learning experience to your Child.

3.5

 As some Preinstalled Learning Applications may be provided by Other Entities (defined below), we do not control the privacy practices of those Preinstalled Learning Applications and recommend that you review their respective terms of use and privacy policies fully.

3.6

 We reserve the right to suspend or terminate your or your Child’s account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. It is your responsibility not to disclose your or your Child’s account credentials to anyone. You will immediately notify BYJU’S of any unauthorized use of your or your Child’s accounts.

3.7

 You shall ensure (including through appropriate supervision), and shall be fully liable and responsible for, the compliance by each User of the terms and conditions of these Terms. BYJU’S HEREBY DISCLAIMS ANY AND ALL LIABILITIES ARISING OUT OF USAGE OF THE LEARNSTATION BY ANY MINOR FOR WHICH VERIFIED CONSENT FROM THAT MINOR’S PARENT OR LEGAL GUARDIAN HAS NOT BEEN RECEIVED BY US.

3.8

 If a school and/or teacher (the “Educational Institution”) with students that are under 18 years of age uses LearnStation and provides us with Personal Information about its students in order to create user profiles for each of its students, such teacher must first obtain written consent from each student’s parent and/or legal guardian to submit such Personal Information to us and use such Personal Information in LearnStation. We use that information to provide LearnStation to the Educational Institution, consistent with our Privacy Policy.

3.9

 Each Educational Institution shall also indemnify and hold BYJU’S harmless from any and all claims that arise from (i) failure to use LearnStation as intended or (ii) failure to comply with the Child Online Privacy Protection Act of 1998 (COPPA), the Family Educational Rights and Privacy Act (FERPA) or any applicable law.

ADDITIONAL TERMS

4.1

 When you receive LearnStation, it may include a set of preinstalled learning applications (“Preinstalled Learning Applications”), which are summarized in the below table. Some Preinstalled Learning Applications are provided by us and some Preinstalled Learning Applications (“Other Learning Applications”) are provided by one of our Affiliates or a Third Party (“Other Entities”). These Preinstalled Learning Applications and are subject to their own terms of use and privacy policies. You agree to read and be bound by the privacy policies and the terms of service of each of the Preinstalled Learning Applications.

Name of Application	Operator of Application
BYJU’s Future School	Whitehat Education Technology, LLC	Privacy Policy	Terms of Service
Tynker	Neuron Fuel, Inc. (“Tynker”)	Student User Privacy Policy Privacy Policy	Terms of Service.
Epic	Epic! Creations, Inc.	Privacy Policy	Terms of Service.
Disney BYJU’s Early Learn	BYJU’s	Privacy Policy	Terms of Service
OSMO Apps	Tangible Play, Inc.	Privacy Policy	Terms of Use

4.2

 The Preinstalled Learning Applications not provided by BYJU’s are provided by Other Entities and that the Other Entities are solely responsible and liable for their respective Preinstalled Learning Applications, the personal information they collect, use, or disclose, and the privacy obligations they have under applicable privacy laws.

4.3

 LearnOS is based on Google’s Android operating system (“Android OS”), which is governed by separate terms and conditions and privacy policies imposed by Android OS and/or all other software included with Android OS, such as but not limited to Google Play Store and Google Chrome (collectively “Third-party OS Terms and Policies”), which may be accessible in the legal information menu in the settings of your LearnStation or on the third party’s website. WE HAVE NO CONTROL OVER AND ASSUME NO RESPONSIBILITY OR LIABILITY FOR THE THIRD-PARTY OS TERMS AND POLICIES, ANDROID OS, OR ITS RELATED SOFTWARE, CONTENT OR SERVICES. You agree to read and be bound by the Third-Party OS Terms and Policies.

LEARNSTATION SETUP

5.1

You agree and authorize us to:

5.1.1

 Set up LearnStation, including but not limited to, (i) flag the terms and conditions of the Preinstalled Learning Applications, Android OS, LearnOS, and/or other preinstalled software as accepted (ii) undertake all processes to initialize the Android OS including selecting locations, time zones, language, etc., (iii) access the contents, settings, hardware outputs, and such other components of the LearnStation as may be required to install the Preinstalled Learning Applications, Android OS, LearnOS, and other preinstalled software, (iv) use and enter any and all information provided by you into the LearnStation, and (iv) retain information in relation to the LearnStation (such as model number, IMEI number, etc.).

5.1.2

 Download/install content, which includes without limitation Apps and educational and academic material;

5.1.3

 Maintain a record of your queries and feedback.

5.1.4

 Install a parental-lock through the settings of the LearnStation or other means.

YOUR OBLIGATIONS

6.1

By accessing or using the LearnStation, or by permitting any User to do the same, you agree and acknowledge that:

6.1.1

 You will, and will ensure that all Users, access and use the LearnStation (a) only for the purposes expressly permitted herein, (b) in compliance with all applicable law, and (c) not for any fraudulent or illegal purposes.

6.1.2

 You are solely responsible for all activities that occur on LearnStation and accept all risk of unauthorized use of the same.

6.1.3

 You will, and will ensure that all Users (a) maintain the security of your LearnStation by restricting access to your LearnStation and (b) promptly notify the Company if you discover or otherwise suspect any security breaches relating to your Personal Information or LearnStation.

6.1.4

 LearnStation is for non-commercial use only, unless a separate written agreement between you and BYJU’S provides for otherwise.

6.1.5

 You shall not, and shall ensure that each User does not:

6.1.5.1.1

 except to the extent that applicable law prohibits or restricts reverse engineering restrictions, copy, reproduce, modify, decompile, disassemble, or reverse engineer LearnStation or any associated software or materials;

6.1.5.1.2

 provide any third parties with access to LearnStation, or use LearnStation for time sharing or similar purposes for the benefit of any non-User third party;

6.1.5.1.3

 remove any copyright or proprietary notices contained in or on LearnStation;

6.1.5.1.4

 except with respect to removable parental controls, breach, disable or tamper with, or develop or use (or attempt) any workaround for, any security measure incorporated in or used by LearnStation;

6.1.5.1.5

 access LearnStation related content via any bot, web crawler or non-human user; or

6.1.5.1.6

 access or use (or permit a third party to access or use) LearnStation for any unlawful purpose or for purposes of monitoring the availability, performance, or functionality of LearnStation or for any other benchmarking or competitive purposes.

6.1.6

 You shall not, and shall ensure that each User does not, host, display, upload, modify, publish, transmit, update or share any information through LearnStation that:

6.1.6.1.1

 belongs to another person, except where you have obtained all necessary rights, licenses, and approvals;

6.1.6.1.2

 is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, racial, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

6.1.6.1.3

 harms minors, or could be reasonably expected to harm minors, in any way;

6.1.6.1.4

 infringes any patent, trademark, copyright or other proprietary rights or rights of privacy of any third party;

6.1.6.1.5

 violates any applicable law, rule or regulation;

6.1.6.1.6

 deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

6.1.6.1.7

 impersonates or defames another person;

6.1.6.1.8

 contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

6.1.6.1.9

 is in violation of any policies, restrictions, or guidelines that we may establish from time to time and make available to you.

BYJU’S RESPONSIBILITIES

7.1

 We assume no responsibility for, and shall not in any way be liable for, any damage to LearnStation caused by viruses, Trojans, phishing, or any other form of malware, adware, and other malicious programs that may infect your LearnStation or any hardware or software used by you and which may have an adverse impact on your or any User’s experience using LearnStation.

7.2

 We are not responsible for the failure of any Apps not provided directly by BYJU’S (“Non-BYJU’S Apps”), whether pre-installed by us or later installed by you or the User on LearnStation, to function and operate optimally. Further, we are not responsible for any loss of Personal Information or any other information of you or any User, viruses or malware that may affect LearnStation, or other damage that occurs due to such Non-BYJU’S Apps

7.3

 In the event that any Personal Information or other information of you or any User is lost from LearnStation due to a cause solely attributable to us, we will use commercially reasonable efforts to retrieve and restore such information; provided, however, that we shall under no circumstances be responsible for any direct, indirect, special or consequential damages, caused or arising out of any loss of your or any User’s Personal Information or other information due to (a) your non-compliance with these Terms; or (b) reasons attributable to any Third-Party Services provider that provides to us any part or component of LearnStation. We will not be responsible for any incorrect information pertaining to the Personal Information that has been provided by you or any User, including any associated impacts on LearnStation.

7.4

 We have the right, but not the obligation, to monitor your and any User’s use of and access to LearnStation to confirm your compliance with these Terms. We reserve the right, in our sole discretion, to restrict your or any User’s ability to use or access LearnStation at any time while we investigate complaints or alleged violations of the Terms or any illegal activities. We may also restrict, suspend, or terminate your or any User’s access to or use of LearnStation if we, in our sole discretion, determine that you or any User are using LearnStation in any unauthorized manner.

7.5

 We shall not be responsible for (i) any unauthorized access to or use of LearnStation, (ii) any content that you or a User may download or view after switching-off the parental controls installed in LearnStation; (iii) data theft and other unauthorized activities that may occur if LearnStation is hacked by any third party; or (iv) any damages to LearnStation after the same has been delivered to you.

PURCHASES AND RETURNS

8.1

 In consideration for our provision of LearnStation, you will pay to us all fees and other amounts (“Fees”) in accordance with the payment terms set forth on the Order. Fees shall be paid in the manner specified in the Order.

8.2

 BYJU’S shall deliver your LearnStation once purchased to the place of delivery designated by you. You shall be responsible for any shipping fees specified in the Order. International orders may also involve customs, import duties or other charges which vary from country to country. You are solely responsible for any such additional charges, if applicable. In addition, it is your responsibility to check with your local customs office to verify whether the country to which you are shipping permits the shipment of LearnStation to you.

8.3

 You are responsible for payment of all sales, use, VAT, and similar taxes due with respect to your purchase of LearnStation. In the event that any applicable tax rate is increased during the term hereof by an appropriate government authority, you will pay such higher tax rate beginning on the enforcement date of such increase.

8.4

 You may return your LearnStation within thirty (30) days (“Refund Term”) of purchase if such LearnStation is unopened, unused, and in its original condition for a full refund, less any applicable shipping or other charges. You may initiate such a return by emailing your request to support_usa@byjus.com. You will not be entitled to receive, and we shall be under no obligation to provide to you, any refund after the Refund Term has expired. All determinations of refund eligibility shall be made by BYJU’S in its sole discretion and shall be final and binding.

8.5

 In the event we grant you a refund hereunder, you must return your LearnStation to us at your cost and in accordance with all shipping instructions that we provide, and we will issue the refund to you upon our receipt of your LearnStation via such method as we may select; provided, however, that we shall not be obligated to issue any cash refunds. BYJU’S does not take title to your returned LearnStation until it arrives at location designated by us.

8.6

 If you believe that you have received a faulty or broken LearnStation from BYJU’S, please refer to the Limited Warranty for information on our warranty service.

8.7

 BYJU’S is not related to or affiliated with Google, Inc

THIRD-PARTY SERVICES

9.1

 Through LearnStation you may be able to access third party websites, applications, or services (“Third-Party Services”) that are not owned or controlled by BYJU’S, which include without limitation the Non-BYJU’S Apps. When you or any User accesses Third-Party Services, you or such User do so at your own risk. BYJU’S encourages you to be aware when you or any User leave the LearnOS environment and to read the terms and conditions and privacy policy of each Third-Party Services (“Third-Party Terms”) that you or any User visit or from which you or any User access any product or service. BYJU’S has no control over, and assumes no responsibility for, the content, accuracy, Third-Party Terms, or practices of any Third-Party Services. In addition, BYJU’S will not and cannot monitor, verify, censor, or edit the content of any Third-Party Services. When you or any User visit or use a Third-Party Services, you acknowledge that such Third-Party Services is subject to the applicable Third-Party Terms, and you release us from any liability directly arising from your or any User’s use of such Third-Party Services. You acknowledge that we are not responsible for such third parties or their Third-Party Services. Any such activities, and any Third-Party Terms associated with such activities, are solely between you and the applicable third party. Notwithstanding the foregoing, however, we reserve the right to disable access to any Third-Party Services through LearnStation, although we are under no obligation to do so.

TECHNICAL SUPPORT

10.1

 In the event you encounter technical issues relating to LearnStation, please contact our technical support team by email at  support_usa@byjus.com

INTELLECTUAL PROPERTY RIGHTS

11.1

 As between you and BYJU’S, LearnStation and its LearnOS, and all its content, information, materials, software, and other technologies embodied in or used to provide the same, and all intellectual property rights therein or relating thereto that are not owned by third parties, are and shall remain the exclusive property of BYJU’S (collectively, “BYJU’S IP”). You agree that you will not access or use any BYJU’S IP in any manner that is inconsistent with these Terms or that infringes any intellectual property rights of a third party or BYJU’S. All rights not expressly granted to you hereunder are reserved to BYJU’S.

11.2

 Copying, storing, distributing, transmitting or otherwise modifying any BYJU’S IP or other content on LearnStation other than for your authorized personal, non-commercial use is prohibited and shall amount to an infringement of the intellectual property rights of BYJU’S or its licensors under applicable law.

11.3

 To the extent you provide BYJU’S with any suggestions, feature requests, evaluation results, feedback, or other input in relation to any aspect of LearnStation (collectively, “Feedback”), you hereby assign and agree to assign to BYJU’S all right, title and interest in and to such Feedback, including any intellectual property rights therein, and agree that BYJU’S will be free to (but shall not be obligated to) use such Feedback in any manner, including by implementing such Feedback in LearnStation, and/or BYJU’S other technologies, products and services, without compensation or other obligation to you or any User. Notwithstanding the foregoing, however, we do not assure that any Feedback provided by you will be accommodated while performing changes to LearnStation.

LIMITED WARRANTYS

DISCLAIMER OF WARRANTIES

INDEMNITY

LIMITATION OF LIABILITY

15.1

 TO THE MAXIMUM EXTENT PERMITTED BY LAW, (A) IN NO EVENT WILL BYJU’S OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR (OR ANY USER’S) ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE LEARNSTATION OR ANY COMPONENT THEREOF, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, FAILURE TO PERFORM IN AN ACADEMIC SETTING, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, AND (B) IN NO EVENT WILL THE AGGREGATE LIABILITY OF BYJU’S OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, OR REPRESENTATIVES TO YOU OR ANY THIRD PARTY (INCLUDING ANY USER) EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU FOR LEARNSTATION. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

15.2

 Without limiting the generality of Section 15.1, you agree and acknowledge that BYJU’S shall have no obligation or liability to you or any User, including for any damages, costs, liabilities or losses, to the extent arising out of or relating to: (i) your (or any User’s) inability to access or use LearnStation due to any non-compliance with these Terms by you or any User; or (ii) any transaction or relationship between you and any third party; or (iii) defaults of any Third-Party Services providers that are providing products or services to the Company; (vi) any failure by any User or other individual to achieve any specific level of academic performance or improvement; or (v) any event that is beyond our reasonable control, including, without limitation, sabotage, fire, flood, explosion, act of God, civil commotion, strike or industrial action of any kind, riot, insurrection, war, act of government, computer hacking, unauthorized access to your LearnStation, crash, breach of security and encryption.

CONSENT TO ELECTRONIC COMMUNICATIONS AND TRANSACTIONS

ACCESSIBILITY

17.1

 You agree and acknowledge that BYJU’S may periodically conduct maintenance or development activities that may temporarily impact the availability or performance of LearnStation or some functions and features thereof. We will use commercially reasonable efforts to notify you prior to any such maintenance and development exercises. BYJU’S will not be liable to you or any User for any such temporary disruption in LearnStation functionality or for any other unavailability of the LearnStation due to unforeseen technical issues or other circumstances beyond our reasonable control.

17.2

 You understand and acknowledge that the use of Apps and other content requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use of such content and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.

CHOICE OF LAW AND DISPUTE RESOLUTION

18.1

 If you are a resident of India, these Terms shall be governed by, and construed in accordance with, the laws of India, including without limitation the Indian Contract Act, 1872, Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder (including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, as amended from time to time, and without reference to principles of conflicts of law. The courts or tribunals at <<Bangalore>> shall have exclusive jurisdiction over any dispute arising from or relating to these Terms. You expressly consent to the jurisdiction of the said courts/tribunal and irrevocably waive any objection now or in the future, to such jurisdiction based on forum non convenience or any other basis.

18.2

 If you are a resident of the United States, these Terms shall be governed by, and construed in accordance with, the laws of the State of California, United States, and without reference to principles of conflicts of law. The state and federal courts sitting in Santa Clara County, United States, shall have exclusive jurisdiction over any dispute arising from or relating to these Terms. You expressly consent to the jurisdiction of the said courts and irrevocably waive any objection now or in the future, to such jurisdiction based on forum non convenience or any other basis.

18.3

 UNLESS PROHIBITED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

18.4

 UNLESS PROHIBITED BY LAW, YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS. YOU AND BYJU’S EACH AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.

GENERAL CONDITIONS

19.1

 If any provision of these Terms is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions.

19.2

 We may transfer, assign, or novate all or any portion of these Terms without your consent or any requirement to notify you. You may not transfer, assign, or novate all or any portion of these Terms without our advance written consent.

19.3

 No delay or failure on our part to enforce our rights or remedies under these Terms shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

19.4

 The rule of construction, if any, that a contract should be interpreted against the parties responsible for the drafting and preparation thereof shall not apply.

19.5

 All dealings, correspondence and contacts between us shall be made or conducted in the English language.

19.6

 These Terms (as updated) will remain in full force and effect for so long as you access or use the LearnStation. The provisions of the following Sections of these Terms will survive any termination of these Terms: Sections 4, 6, 7, 8.3, 9, 11, 13, 14, 15, 16, 18, and 19.

19.7

 BYJU’S reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to suspending, disabling or terminating your access to and ability to use LearnStation and/or any other services provided to you by us, upon any breach by you of these Terms or any impermissible use or access of the LearnStation or for any other reason in the sole discretion of BYJU’S.

COMPLAINTS