Terms of Service

1. Introduction & Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "Parent", "Guardian", "School", or "You") and NiSkills, a brand and initiative of SuSAMs ("Company", "We", "Us", "Our").

By accessing or using the NiSkills website (niskills.com), platform, mobile applications, classes, assessments, or any related services (collectively, "Services"), you agree to be bound by these Terms. If you do not agree, do not use our Services.

If you are enrolling a child (under 18 years of age), you confirm that you are the parent or legal guardian and are providing consent on their behalf.

2. Eligibility

• Our Services are designed for children in Grades 1–12 (ages 6–18).
• Only a parent or legal guardian may create an account or enroll a child.
• By enrolling, you represent that you have the legal authority to consent on behalf of the child.
• Schools and institutions may enroll students only with appropriate parental consent documentation.

3. Description of Services

NiSkills provides online education services focused on Natural Intelligence (NI) development through four pillars: Cognitive Intelligence (CI), Emotional Intelligence (EI), Technical Intelligence (TI), and Functional Intelligence (FI). Services include but are not limited to:

• Live online classes conducted by NI Mentors
• NI Assessments and progress reports
• Recorded class sessions for replay
• Learning materials and curriculum
• Parent dashboards and progress tracking
• Demo/trial classes

4. Marketing Claims & Disclaimers

IMPORTANT - PLEASE READ CAREFULLY:

• No Guaranteed Results: NiSkills does not guarantee any specific academic results, exam scores, job placements, career outcomes, or behavioural changes. All outcomes depend on the individual child's effort, consistency, and other factors beyond our control.
• Testimonials: Any testimonials, success stories, or case studies displayed on our website or marketing materials are illustrative only. They represent individual experiences and are not a promise or guarantee of similar results for any other student.
• NI Scores: The NI Score and pillar-wise assessments are proprietary metrics developed by NiSkills for internal progress tracking. They are not standardised psychological or academic assessments and should not be treated as clinical diagnoses or official academic evaluations.
• Comparative Claims: Any comparisons with other platforms, traditional education, or AI capabilities are opinions based on our pedagogical approach and are not intended to disparage any third party.
• Future Projections: Statements about AI, job markets, or future skills requirements are based on publicly available research and industry trends. They are forward-looking opinions, not guarantees.
• "Free Trial" & Offers: Free trials, discounts, and promotional offers are subject to availability, may be modified or withdrawn at any time, and are governed by specific terms communicated at the time of the offer.

5. Intellectual Property Rights

All intellectual property associated with NiSkills is owned exclusively by the Company:

• Brand & Trademarks: "NiSkills", "Natural Intelligence", "NI Framework", "NI > AI", the NiSkills logo, "Think Naturally. Lead Fearlessly.", "Niche Skills Engineered by Natural Intelligence", and all pillar names (Cognitive Intelligence, Emotional Intelligence, Technical Intelligence, Functional Intelligence) are trademarks of SuSAMs/NiSkills. Unauthorised use is strictly prohibited.
• Curriculum & Content: All course materials, lesson plans, assessments, worksheets, presentations, videos, and digital content are proprietary and protected under the Copyright Act, 1957 (India) and international copyright laws.
• Software & Technology: The NiSkills platform, website code, algorithms, NI scoring methodology, and all associated technology are proprietary.
• User Restrictions: You may not copy, reproduce, distribute, sell, resell, modify, create derivative works from, reverse engineer, or commercially exploit any NiSkills content or materials without prior written consent.
• Student Work: Any work created by students during NiSkills classes remains the student's property. However, by enrolling, you grant NiSkills a non-exclusive, royalty-free licence to use anonymised student work for educational demonstrations, marketing (with consent), and platform improvement.

6. Class Recordings, Participation & Media Consent

6.1 Class Format & Participation

• By enrolling, you agree that your child may participate in both one-on-one (1:1) and group (1:many) class formats as applicable to the programme structure.
• Group sessions are designed for collaborative learning and peer interaction. Other students (including from other cities/countries) may be present in group sessions.

6.2 Recording Prohibition by Users

6.3 Platform Recordings

• Class Recordings: All live classes may be recorded by NiSkills for the purpose of providing replay access to enrolled students. Recordings are stored securely and accessible only to enrolled students of that batch for a limited period (90 days).
• No Redistribution: Students and parents may not download, screen-record, redistribute, upload, or share class recordings on any platform (social media, messaging apps, file-sharing services, etc.).
• Marketing Use: NiSkills will NOT use any child's image, video, voice, or likeness in marketing, advertising, social media, or promotional materials without explicit, separate, written consent from the parent/guardian. This consent is optional and can be withdrawn at any time.
• Anonymised Data: We may use anonymised, aggregated data (e.g., "85% of students improved their CI score") for marketing purposes without identifying any individual child.
• Child Safety: NiSkills follows strict child safety protocols. Mentors are trained in appropriate conduct. Any inappropriate behaviour should be reported immediately to info@niskills.com.

7. Payments, Refunds & Cancellation

7.1 Payments

• Pricing: All prices are listed in Indian Rupees (INR) or US Dollars (USD) as applicable. Prices are inclusive of applicable taxes unless stated otherwise. GST or other taxes will be charged as per prevailing Indian tax laws.
• Payment Methods: We support Credit/Debit Cards, UPI, Wallets, Net Banking, and EMI (where available). Upon successful payment, a confirmation receipt will be generated - please retain it for your records.
• Third-Party Gateways: Payments are processed through third-party payment gateways (e.g., Razorpay). NiSkills does not store credit/debit card details. Payment gateway terms apply additionally. By using these services, you agree to be bound by their terms.
• Payment Failures: If payment fails or no confirmation is received, please check with your bank before attempting another transaction. NiSkills is not responsible for unauthorized transactions, payment failures, or disputes with issuing banks or payment providers.
• Price Changes: NiSkills reserves the right to modify pricing at any time. Existing enrolled students will not be affected by price increases during their current programme term.

7.2 Refund Policy

Eligibility:

• You must be a registered parent/guardian who has successfully enrolled a child.
• Refund requests must be submitted within 10 days from the date of payment OR before 50% completion of the opted programme (whichever is earlier).
• Requests made after this window are not eligible for refund, regardless of attendance.

Refund Amount Calculation:

• Refund = Fees paid for classes/services not yet provided as of the refund request date.
• Classes already attended or made available will be deducted from the refundable amount.
• A 10% administrative/processing fee will be deducted from the refund amount.
• For instalment/EMI payments, refund eligibility is computed based on the date of the first instalment and all subsequent deductions applicable.
• Refunds are processed net of any payment gateway fees or promotional discounts applied at purchase.

How to Request a Refund:

1. Send a written request to info@niskills.com with: Student name, registered email, phone number, transaction/invoice ID, programme details, reason for refund, and bank/UPI details for refund.
2. We will acknowledge receipt within 48 hours.
3. NiSkills may invite you for a brief discussion to understand concerns before processing.
4. Eligible refunds will be processed within 30 business days from acceptance, to the original payment method (or alternate method if original is unavailable, by mutual agreement).

Non-Refundable Items:

• Free trial/demo classes
• Referral credits, gifted add-ons, or promotional freebies
• Programmes that have been fully consumed or completed
• Enrolments terminated by NiSkills due to violation of terms, misconduct, or fraud

Chargebacks:

• Any dispute raised directly with your bank or payment gateway (e.g., chargeback) does NOT constitute an official refund request under this policy. Please contact us directly first.
• Unauthorized chargebacks may result in suspension of services and legal action.

Limitations:

• NiSkills is not liable for delays caused by banking or payment gateway processing times.
• No interest, compensation, or penalty is payable on any refunded amount for such delays.

8. User Conduct & Responsibilities

By using our Services, you agree to:

• Provide accurate and truthful information during registration
• Ensure the enrolled child attends classes in a safe, supervised environment
• Not disrupt classes or harass mentors, staff, or other students
• Not attempt to reverse-engineer, hack, or compromise the platform
• Not use the platform for any unlawful purpose
• Not share login credentials with unauthorised persons
• Ensure the child's device has appropriate parental controls

NiSkills reserves the right to suspend or terminate access for violation of these terms without refund.

9. NI Mentors

• NI Mentors are independent contractors or employees of NiSkills. They are not agents of the parent or student.
• NiSkills is responsible for mentor quality, training, and conduct during classes.
• Parents should not contact mentors on personal channels. All communication must go through official NiSkills channels.
• NiSkills reserves the right to change, reassign, or replace mentors at any time without prior notice.

10. Limitation of Liability

• NiSkills provides Services on an "as is" and "as available" basis.
• We do not warrant uninterrupted, error-free, or secure access to the platform at all times.
• To the maximum extent permitted by law, NiSkills shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from use of our Services.
• Our total liability for any claim shall not exceed the amount paid by you for the specific programme giving rise to the claim.
• NiSkills is not liable for any third-party platform failures (Zoom, Google Meet, payment gateways, internet service providers, etc.).
• NiSkills is not responsible for any decisions made by parents or students based on NI Scores, career mapping, or any advice provided during classes.

11. Indemnification

You agree to indemnify, defend, and hold harmless NiSkills, SuSAMs, its directors, employees, mentors, and affiliates from any claims, damages, losses, liabilities, costs, or expenses (including legal fees) arising from:

• Your breach of these Terms
• Your misuse of the Services
• Any violation of applicable laws by you or the enrolled child
• Any third-party claims related to your use of the Services

12. Termination

• You may terminate your account at any time by contacting info@niskills.com. Refund terms in Section 7 apply.
• NiSkills may suspend or terminate your access immediately, without notice, for breach of these Terms, non-payment, inappropriate conduct, or any reason at our sole discretion.
• Upon termination, your access to all content, recordings, and platform features will cease. Data deletion requests will be honoured as per our Privacy Policy.

13. Governing Law & Jurisdiction

14. Dispute Resolution

In the event of any dispute:

1. Negotiation: The parties shall first attempt to resolve the dispute amicably through direct communication within 30 days of written notice.
2. Mediation: If negotiation fails, the dispute shall be referred to mediation under the Mediation Act, 2023 (India), with a mutually agreed mediator in Muzaffarpur, Bihar.
3. Arbitration: If mediation fails, the dispute shall be resolved by binding arbitration under the Arbitration and Conciliation Act, 1996 (India). The seat of arbitration shall be Muzaffarpur, Bihar. The language of arbitration shall be English. The arbitral award shall be final and binding.
4. Court Proceedings: Notwithstanding the above, NiSkills reserves the right to seek injunctive relief or other equitable remedies from the courts in Muzaffarpur, Bihar for IP infringement or data breaches.

15. Force Majeure

NiSkills shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to: natural disasters, pandemics, government actions, internet outages, power failures, strikes, wars, or any other force majeure event.

16. Modifications to Terms

• NiSkills reserves the right to modify these Terms at any time.
• Material changes will be communicated via email or prominent notice on the website at least 15 days before taking effect.
• Continued use of Services after changes constitutes acceptance of the modified Terms.
• If you disagree with any changes, you must stop using the Services and request account termination.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18. Entire Agreement

These Terms, together with the Privacy Policy and any programme-specific terms communicated at the time of enrollment, constitute the entire agreement between you and NiSkills. They supersede all prior agreements, representations, or understandings, whether written or oral.

19. Contact Information