Terms of Service

1. Definitions

• Tenant / Customer — the educational organisation, trust, group or institution that subscribes to the Service.
• Authorised User — a tenant owner, principal, school administrator, teacher/staff member, student, parent or guardian granted access by the Tenant.
• Customer Data — all data submitted to or generated within the Service by or on behalf of a Tenant, including student, academic, attendance, financial and communication records.
• Sub-processor — a third party engaged by us to process Customer Data (e.g. hosting, email, SMS, WhatsApp and payment providers).

2. Eligibility & Accounts

The Service is intended for use by educational institutions and their Authorised Users. Accounts for students below the age of majority in their jurisdiction are created and administered by the Tenant under the authority of the school and, where required, the parent or guardian. You are responsible for keeping your login credentials confidential and for all activity under your account. Notify us immediately of any unauthorised use.

3. Licence to Use the Service

Subject to these Terms and payment of applicable fees, we grant the Tenant a non-exclusive, non-transferable, non-sublicensable right to access and use the Service for its internal educational and administrative operations during the subscription term. All rights not expressly granted are reserved.

4. Acceptable Use

You agree not to: (a) use the Service unlawfully or in breach of any applicable education, data-protection or telecommunications law; (b) upload malicious code or attempt to gain unauthorised access; (c) reverse engineer, resell or provide the Service to third parties except as permitted; (d) use messaging channels (email, SMS, WhatsApp, push) to send spam or content that violates the policies of the relevant channel provider; or (e) infringe the intellectual-property or privacy rights of others.

5. Customer Data & Ownership

As between the parties, the Tenant owns all Customer Data. The Tenant grants us the limited right to host, process and transmit Customer Data solely to provide and support the Service. Our handling of personal data is described in the Privacy Policy, which forms part of these Terms. For most Customer Data, the Tenant is the data controller and XYORO is the data processor acting on the Tenant’s documented instructions.

6. Fees, Billing & Subscriptions

Subscription plans, currencies and billing cycles are as set out in your order or in-app plan selection. Unless stated otherwise, fees are payable in advance and are exclusive of applicable taxes (including GST/VAT and equivalent levies), which are the Tenant’s responsibility. Late or failed payment may lead to suspension. Except where required by law, fees are non-refundable.

7. Third-Party Services & Integrations

The Service integrates with third-party providers for payments, email, SMS, WhatsApp Business messaging, push notifications and AI features (including “Ask Myna”). Your use of those features may be subject to the third party’s own terms. We are not responsible for third-party services and do not guarantee their availability. You are responsible for obtaining any consents required to contact recipients through these channels.

8. Intellectual Property

The Service, including its software, design, trademarks and documentation, is and remains our property or that of our licensors. “XYORO” and associated logos are our marks and may not be used without prior written permission. Feedback you provide may be used by us without restriction.

9. Availability, Support & Changes

We aim to provide the Service on a substantially continuous basis but may perform maintenance and may modify or discontinue features. We will use commercially reasonable efforts to provide support and to notify Tenants of material changes. Any service-level commitments apply only if expressly agreed in a written order or service-level agreement.

10. Suspension & Termination

We may suspend or terminate access for material breach of these Terms, non-payment, or where required to protect the Service, other users or to comply with law. On termination, the Tenant may request export of its Customer Data within a reasonable retrieval window, after which we may delete it in accordance with the Privacy Policy and applicable retention obligations.

11. Disclaimers

Except as expressly stated and to the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose and non-infringement. AI-generated outputs (including Ask Myna) are provided for assistance only and should be independently verified before being relied upon.

12. Limitation of Liability

To the maximum extent permitted by applicable law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue or data. Our aggregate liability arising out of or relating to the Service will not exceed the fees paid by the Tenant for the Service in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded by law (including, in some jurisdictions, liability for personal injury caused by negligence, fraud, or breach of statutory data-protection duties).

13. Indemnification

The Tenant will indemnify and hold us harmless against third-party claims arising from the Tenant’s Customer Data or use of the Service in breach of these Terms or applicable law, except to the extent caused by our own breach.

14. Governing Law & Dispute Resolution

Unless a mandatory local law or a separately signed order states otherwise, and to the extent permitted by the law of the Tenant’s jurisdiction:

• Customers in India: these Terms are governed by the laws of India, with exclusive jurisdiction of the competent courts at the location of our registered office, subject to any right you have to approach statutory authorities.
• Customers in the GCC (UAE, KSA, Bahrain, Qatar, Oman, Kuwait): these Terms are governed by the laws of the Tenant’s country of establishment, and disputes are subject to the competent local courts or an agreed arbitration seat.
• Customers in the EU/EEA and UK: these Terms are governed by the laws of the Tenant’s country of residence, without affecting mandatory consumer-protection rights.
• Other customers: the governing law and forum stated in your order, failing which the laws of India.

Mandatory rights and remedies available to you under the consumer- or data-protection laws of your jurisdiction are not affected by this clause.

15. Compliance with Local Law

The Tenant is responsible for ensuring that its collection and use of student, staff and guardian data through the Service complies with the education and data-protection laws applicable to it (see the jurisdiction-specific sections of our Privacy Policy). We will provide reasonable assistance and appropriate contractual terms (including a data-processing addendum where required).

16. Changes to these Terms

We may update these Terms from time to time. Material changes will be notified through the Service or by email, and the “Effective date” above will be updated. Continued use after changes take effect constitutes acceptance.

17. Contact

Mynaix (OPC) Private Limited — operator of XYORO
General/legal contact: legal@xyoro.net
Privacy contact: privacy@xyoro.net