1. READ CAREFULLY
You should read the following terms and conditions before pressing i accept and proceed further. This terms & conditions (t&c) is a legal agreement between you (either an individual or a single entity), the end-user, and hopify technologies pvt ltd (“hopify technologies pvt ltd”) for the GroundUp Student app software product which includes device software and may include associated media, printed media, and “online” or electronic documentation (collectively, "software product"). By installing, copying, or otherwise using the software product, you agree to be bound by the terms of this t & c. If you do not agree to the terms of this t & c, you may not install, copy, download or use the software product. If you do not agree, click “disagree/decline.” You agree that your use of the software acknowledges that you have read this agreement, understand it, and agree to be bound by its terms and conditions.
It is hereby understood and agreed that Hopify Technologies Pvt Ltd, an Indian Company corporation with offices at Plot No. 59/21, Rujula Villa, Sector 21, Yamunanagar, Nigdi, Pune – 411044 is the owner of all right title and interest to the Software Product, regardless of the media or form of the original download, whether by the App Store, Play store, .apk or otherwise. You, as licensee (Licensee) through your downloading, installing, copying, or use of this product do not acquire any ownership rights to the Software Product.
The Software Product is licensed, not sold, to you by Hopify Technologies Pvt Ltd for use only under the terms of this T & C. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted herein are limited to [ Hopify Technologies Pvt Ltd]'s and its licensors' intellectual property rights in the Software Product and do not include any other patents or intellectual property rights. The terms of this T & C will govern any software upgrades provided by Hopify Technologies Pvt Ltd that replace and/or supplement the original Software Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
4. SOFTWARE PRODUCT
The Software Product, as used in this T & C, means, collectively and/or as applicable:
1. The Software Product package;
2. Any and all contents, components, attachments, software, media, and code with which this Agreement is provided and delivered via the App store, Play store, .apk or otherwise
3. Any and all images, photographs, art, artwork, clip art, fonts or other artistic works (the “Artwork”);
4. Related explanatory written materials and instructions, and any other possible documentation related thereto (“Documentation"); and
5. Upgrades, modified versions, updates, additions, and copies of the Software Product (the "Upgrades”), if any, licensed to by Hopify Technologies Pvt Ltd under this T & C.
5. GRANT OF LICENSE AND RESTRICTIONS
A. [Hopify Technologies Pvt Ltd] grants you a non-exclusive, non-transferable User license right to install the Software Product on the local hard disk(s) or other permanent storage media of one Device and use the Software Product on a single Device or terminal at a time. Licensee may physically transfer the Program between Devices provided that it is used on only one Device at any given time.
B. [Hopify Technologies Pvt Ltd] authorizes the User to make one (1) copy of the Software Product as an archival backup copy, provided End-user’s backup copy is not installed or used on any Device. Any other copies you make or authorize are in violation of this T & C.
C. Unless provided otherwise in the Documentation or by prior expressed written consent of Hopify Technologies Pvt Ltd, you shall not display, modify, reproduce and distribute any Artwork, or portion(s) thereof, included with or relating to the Software Product, if any. Any such authorized display, modification, reproduction, and distribution shall be in full accord with this T & C. Under no circumstances will your use, display, modification, reproduction, and distribution of the Artwork give you any Intellectual Property or Proprietary Rights of the Art Work. All rights, title, and interest belong solely to Hopify Technologies Pvt Ltd.
D. Except for the initial loading of the Software Product on a hard disk or other permanent storage media for archival/backup purposes as provided for above, you shall not, without Hopify Technologies Pvt Ltd 's express written consent:
1. Copy or reproduce the Software Product;
2. Electronically transfer the Software Product through a LAN (local area network) or other network system or "bulletin board” systems; or
3. Modify, adapt, or create derivative works based on the Software Product or any accompanying materials.
6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
A. From time to time, at Hopify Technologies Pvt Ltd.’s sole discretion, Hopify Technologies Pvt Ltd may provide you with support services related to the Software Product ("Support Services”). Hopify Technologies Pvt Ltd reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. Use of Support Services is governed by this T & C and Hopify Technologies Pvt Ltd's Policies and Guidelines, available for download and viewing on the Hopify Technologies Pvt Ltd Corporate Web Site (https://www.GroundUpeducation.in).
B. Any supplemental software, code, content, or media provided to you in the course of Support Services shall be considered part of the Software Product and subject to the terms and conditions of this T & C.
C. Hopify Technologies Pvt Ltd retains all right, title, and interest in and to the Software Product, and any rights not granted to you herein are reserved by [Hopify Technologies Pvt Ltd]. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Software Product, or otherwise attempt to derive the source code of the Software, except to the extent allowed under any applicable law. In the event that such activities are permitted by applicable law, any information you, or your authorized agent, discover shall be promptly disclosed to Hopify Technologies Pvt Ltd and shall be deemed the confidential information of Hopify Technologies Pvt Ltd.
D. You shall not modify, sublicense, assign, or transfer the Software Product or any rights under this T & C, except as expressly provided in this T & C. Any attempt to other sublicense, assign, or transfer any of the rights, duties, or obligations will be void.
E. You may permanently transfer all of your rights under this T & C, provided you retain no copies, you transfer all of the Software Product (including all component parts, the media and printed materials, any upgrades, this T & C, and all modifications and portions of the program contained or merged into other provisions). The other party must agree to accept the terms and conditions of the T & C.
7. ALL RESERVED
All rights not expressly granted herein are reserved by Hopify Technologies Pvt Ltd.
A. This License is effective until terminated. Licensee may terminate it at any time by destroying the Software Product with all copies, full or partial, and removing all of its component parties.
B. Your rights under this T & C will terminate automatically without notice from Hopify Technologies Pvt Ltd if you fail to comply with any term(s) or condition(s) of this T & C. In such event, no notice shall be required by Hopify Technologies Pvt Ltd to affect such termination.
C. Upon termination of this T & C, you shall cease all use of the Software Product and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product.
9. INTELLECTUAL PROPERTY RIGHTS
A. Hopify Technologies Pvt Ltd shall retain all right, title, and interest in the Software Product and to any modifications or improvements made thereto, and any upgrades, updates or Documentation provided to End User. User will not obtain any rights in the Software Product, its updates, upgrades, and Documentation, as a result of its responsibilities hereunder.
B. User acknowledges Hopify Technologies Pvt Ltd's exclusive rights in the Software Product and that the Software Product is unique and original to [Hopify Technologies Pvt Ltd] and that [Hopify Technologies Pvt Ltd] is owner thereof. Unless otherwise permitted by law, User shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly, Hopify Technologies Pvt Ltd's exclusive right and title to the Software Product or the validity thereof.
C. User shall not attempt to develop any Software Product that contains the “look and feel" of any of the Software Product.
A. Hopify Technologies Pvt Ltd reserves all the rights to limit the usage of services by the user , including notifications, messages and Communication made through the app.
11. LEGAL AND ACCEPTABLE USE
A. The user pledges to access and use GroundUp Student app only if authorized by Hopify Technologies Pvt ltd or respective institutions only for acceptable and legal purposes. The user will not post: (a) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm; (b) involve publishing falsehoods, misrepresentations, or misleading statements; (c) impersonate someone; (d) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, and the like. Any attempt by the user to breach these terms will result in the user being barred permanently from using our services and also being personally held liable for the breach.
12. DISCLAIMER OF WARRANTIES
You expressly acknowledge and agree that the use of the software product is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, the software product is provided "as is," with all faults and without warranty of any kind, and [hopify technologies pvt ltd) and (hopify technologies pvt ltd]'s affiliates (collectively referred to as “[hopify technologies pvt ltd)” for the purposes of sections 10 and 11) hereby disclaim all warranties and conditions with respect to the software product, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Hopify technologies pvt ltd does not warrant against interference with your enjoyment of the software product that the functions contained in the software product will meet your requirements, that the operation of the software product will be uninterrupted or error-free, or that defects in the software product will be corrected. No oral or written information or advice given by hopify technologies pvt ltd or a hopify technologies pvt ltd authorized representative shall create a warranty. Should the software product prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitation on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
13. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall [hopify technologies pvt ltd], its affiliates or licensees, be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the software product or the provision of or failure to provide support services, even if hopify technologies pvt ltd has been advised of the possibility of such damages. In any case, hopify technologies pvt ltd 's entire liability under any provision of this t & c shall be limited to the amount actually paid by you for the software product or [ rs.59]; provided, however, if you have entered into a support services agreement, hopify technologies pvt ltd's]entire liability regarding support services shall be governed by the terms of that agreement.
If some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
14. CONTROLLING LAW AND SEVERABILITY
This T & C will be governed by and construed in accordance with the laws of India, as applied to agreements entered into and to be performed entirely within India between India residents. This T & C shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this T & C shall continue in full force and effect.
Effective as of January 2022
1.1 Policy Statement:
Hopify Technologies Pvt Ltd is committed to protecting the privacy, confidentiality, and accuracy of personally identifiable information in accordance with Indian law. Other than as required by laws that authorize public access to certain types of information, or in response to court orders that authorize disclosure,Hopify Technologies Pvt Ltd shall not part with any personally identifiable information. This policy applies to any information collected through GroundUp Student App information gathered through the app logins by parents, students, faculties, and other staff of the software and any other information that flows from these activities, which the developer and service provider pledges to protect. GroundUp Student App provides links to other third-party websites. When you leave GroundUp Student App, you will be visiting sites that may send their own cookies to users, collect data, or solicit personal information. are beyond the control of the developer and service provider. The privacy policies and procedures described for GroundUp Student App do not extend to any external links. The information collected by Hopify Technologies Pvt Ltd through GroundUp Student App will be within its control and in a manner consistent with applicable laws and regulations. Policies and principles of Hopify Technologies Pvt Ltd outlined below guide such collection.
Approved by the developer and service provider of Hopify Technologies Pvt Ltd.
1.3 Scope of the Policy:
This policy extends to all members utilizing the services of GroundUp Student App and Hopify Technologies Pvt Ltd, which includes the parents, students, faculty, lecturers/instructors, researchers, staff, third-party contractors, and to such persons with access to the Hopify Technologies Pvt Ltd.™ and restricted information.
2. Information Privacy
2.1 General Policy:
Hopify Technologies Pvt Ltd reasonably limits the usage, collection, disclosure, or storage of information to that which reasonably serves Hopify Technologies Pvt Ltd™ research, administrative functions, or other legally required purposes. Email correspondences with Hopify Technologies Pvt Ltd divulge details of e-mail addresses of individuals. The Hopify Technologies Pvt Ltd shall not sell or trade the contact details of this nature to any other Hopify Technologies Pvt Ltd or organization. The Hopify Technologies Pvt Ltd shall only use personal information for the purpose for which it was collected. The Hopify Technologies Pvt Ltd shall only use personal information for longer than is required for the purposes for which the information can lawfully be used, or as otherwise required under any other law. The individual concerned has the right to review the information provided, and to ask for inaccurate or deficient information to be corrected. Sensitive personal information of individuals shall not be disclosed by Hopify Technologies Pvt Ltd, except in accordance with the provisions of existing laws.
Such collection, use, disclosure, and storage should comply with applicable laws and regulations, and Hopify Technologies Pvt Ltd policies. The Hopify Technologies Pvt Ltd may disclose information in the course of investigations by law enforcement agencies, in response to court orders, for the proper functioning of the Hopify Technologies Pvt Ltd, to protect the safety and wellbeing of individuals or the community, and as required by law.
3. Personal data collected through GroundUp Student App
GroundUp Student App collects profile name and phone number when you sign up for the account or update your account.
GroundUp Student App collects photos, date of birth, gender, caste, religion, contact number, parents/ guardian (name, occupation, gender, and age), academic performance report, attendance, device state, feedback information, images, and any other details as necessary and justified in pursuance of the legal basis that permits such collection through of the app
GroundUp Student App also collects additional information such as but not limited to Address and Email.
Your activities and provided information:
We refer to anything you can perform on our products as "activity." We collect your activity across all of our products and services, including:
The kind of material you watch or interact with and the manner in which you engage with it
Use of apps and features, as well as activities taken inside them.
Your purchases and other transactions, including your credit card information.
Hashtags you employ
The timing, frequency, and length of your use of our goods
App, browser and device details:
We may or may not gather and receive information on the many services you use and how you use them:
Included in the device information we gather and receive are the device and software you are using, as well as other device characteristics.
Identifiers that distinguish your device from those of other users, including Family device IDs.
Transmissions from your gadget.
Information you've given with us via your device's settings, such as GPS position, camera access, and photographs, are stored on our servers.
Information on the network to which your device is connected, including your IP address.
Information on the performance of our goods on your device.
Information obtained through cookies and comparable technologies.
4. Our purpose for using your personal data
Hopify Technologies Pvt Ltd intends to use your personal data collected to provide and improve functionality, performance analysis, fix errors, improve stability, usability, and effectiveness, of GroundUp Student App, also to enhance Account management, further legitimate business interest, to identify preferences for Targeted Ads.
5. Sharing your personal data
Hopify Technologies Pvt Ltd intends to share your personal data with third-party service providers we employed on behalf of the company to perform services, during the course of business transfers and exchanging information involved in fraud protection.
6. Data retention and deletion
We keep your personal data only as long as necessary to provide you with the GroundUp Student App Service and for GroundUp Student App legitimate and essential business purposes, such as to maintain the performance of the GroundUp Student App Service, making data-driven business decisions about new features and offerings, complying with our legal obligations and resolving disputes.
If you close or request that we delete your account, we'll anonymize your personal data so it no longer is identified to you, unless we're required to keep something or we still need to use it for a legally justifiable reason such as unresolved issue relating to your accounts, such as an outstanding credit or unresolved claim or dispute, for our legal, tax, audit and accounting obligations, for our legitimate business interests such as fraud prevention or to maintain security.
7. Keeping your personal data safe
Hopify Technologies Pvt Ltd is committed to protecting our users' personal data. We maintain physical, electronic, and procedural safeguards in connection with the collection, storage, processing, and disclosure of personal customer information. However, be aware that no system is ever completely secure.
To protect user account, you are encouraged to use a strong suggested password that is unique to your account, never share your password, limit access to your computer and browser and follow any such safety measures that are to be deemed appropriate.
It's your responsibility to only provide individuals with permission to use your account where you're comfortable sharing this personal data with them.
8. Changes to this Policy
9. How to contact us
For any questions or concerns about this Policy, contact our Grievance Officer/Data Protection Officer any one of these ways:
Use our privacy contact form
Write to us at: Hopify Technologies Pvt Ltd, 59/21, Rujula Villa, Yamunanagar, Nigdi, 411044
10. Grievance redressal
Any complaints or concerns with regard to grievance relating to usage, processing, or sharing of such information be taken up with designated grievance redressal officer as mentioned above by providing such grievance redressal officer with due notice by way of registered speed post. The company shall not be held liable for communications addressed to non-designated.
Grievance Redressal Officer: Kedar S Mahamuni
Address: Hopify Technologies, Pvt Ltd, 59/21, Rujula Villa, Yamunanagar, Nigdi, 411044
Hopify Technologies Pvt Ltd is the sole data controller of personal data processed under this Policy