Horvarn Edu Coaching — Software Licence Agreement

1. About this agreement

1.1 This Software Licence Agreement (the “Agreement”) is between Horvarn Edu, a company of the Hovarns group (“Horvarn Edu”, “we”, “us”), and the organisation named as the licensee in the Order Form and in the signed Licence File (the “Licensee”, “you”).

1.2 It governs your use of Horvarn Edu Coaching, a management system for coaching centres, whether we host it for you or you run it on your own server. It applies together with your Order Form. If the Order Form and this Agreement conflict, the Order Form wins for that order only.

1.3 You accept this Agreement when you sign the Order Form, or when you first install, activate or use the Software, whichever happens first. The person accepting on your behalf confirms that they are authorised to bind you.

2. Definitions

Software

Horvarn Edu Coaching in object or deployed form, including its web pages, scripts, stylesheets, templates, database structure, mobile views, Updates and Documentation, but not Third-Party Components.

Licence File

The file issued and digitally signed by Horvarn Edu that records your licence ID, plan, seats, modules, licensed domains, term and offline grace period.

Order Form

The quotation, proforma invoice or order accepted by both parties that sets out the plan, fees and term.

Licensed Domain

Each website address listed in the Licence File on which the Software may run.

Seat

One active learner account. Staff, parent and partner-school accounts do not use seats unless the Order Form says otherwise. An archived learner does not use a seat.

Module

An optional part of the Software (for example online classes, chat, online tests or the question bank) that is switched on only when listed in the Licence File.

Hosted Service

The Software run by Horvarn Edu on infrastructure we arrange, usually on a subdomain we provide or on your own domain pointed to us.

Self-Hosted Deployment

The Software installed on a server that you control or rent.

Update

Any fix, improvement or new version of the Software that we make generally available to licensees on your plan.

Customer Data

All information that you, your staff, learners, parents or partner schools put into the Software, including personal data, marks, attendance, fees records, questions you write and recordings.

Users

Your staff, teachers, learners, parents and partner-school contacts whom you allow to sign in.

Term

The period from the issue date to the expiry date in the Licence File, as renewed.

3. Licence grant

3.1 Subject to this Agreement and payment of the fees, Horvarn Edu grants you a non-exclusive, non-transferable, non-sublicensable, revocable licence, for the Term only, to use the Software for the internal running of your own coaching centre.

3.2 The licence is limited to:

• the Licensee named in the Licence File, and no other organisation, branch franchisee or affiliate unless named;
• the Licensed Domains listed in the Licence File;
• the number of Seats and the Modules shown in the Licence File and Order Form.

3.3 If you go over your Seats, we will tell you and you may either archive inactive learners or move to a larger plan. We will not lock out learners in the middle of a test because of a seat count.

3.4 All rights not expressly granted are reserved by Horvarn Edu and Hovarns. The Software is licensed, not sold.

4. Hosted and self-hosted deployment

4.1 Hosted Service. We run, monitor, back up and update the Software for you. We aim to keep the Hosted Service available 99.5% of each calendar month, excluding planned maintenance announced at least 24 hours ahead and scheduled outside 06:00–21:00 IST where practical.

4.2 Self-Hosted Deployment. You may install the Software only on servers you control and only on the Licensed Domains. You are responsible for the server, its operating system, PHP and database versions stated in the Documentation, security patches, TLS certificates, firewalls, backups and uptime. We are not responsible for loss caused by your hosting.

4.3 You may keep one non-public staging copy for testing Updates, provided it is not used by learners and is protected from public access.

4.4 Moving between Hosted and Self-Hosted, or changing a Licensed Domain, needs a new Licence File, which we will issue on request within a reasonable time.

5. Licence keys, verification and offline grace

5.1 The Software contains a public key that checks the digital signature on your Licence File. A Licence File that has been changed in any way will fail this check and the Software will not open.

5.2 Each session, the Software contacts the Horvarn Edu licence server to confirm that your licence has not been withdrawn. This check sends only your licence ID, the website address and the Software version. It sends no Customer Data.

5.3 If the licence server cannot be reached, the Software keeps working on the strength of the last successful check for the offline grace period stated in your Licence File (currently 14 days). After that, sign-in is paused until a check succeeds. Your data is not deleted or altered.

5.4 In addition, Horvarn Edu servers may refuse service requests (for example video, chat relays or update downloads) that do not carry a valid licence.

5.5 Licence keys and Licence Files are confidential. Do not publish them or share them with anyone other than your own administrators.

6. Updates

6.1 During the Term, Updates for your plan are included in the fees. They are delivered only by the Horvarn Edu update server.

6.2 Every Update package is digitally signed by Horvarn Edu and lists a SHA-256 checksum for each file. The Software checks the signature, every checksum and your licence before installing. If any check fails, nothing is installed.

6.3 For the Hosted Service, we install Updates for you, normally in a nightly window. For a Self-Hosted Deployment, your administrator chooses between automatic installation in a time window or installation only after approval in the Updates screen.

6.4 Before installing, the Software takes a backup of the files it will replace and of the database. An Update that changes the database runs its migrations only after the backup has completed. You can roll back to the previous version from the Updates screen; a roll-back restores the backup taken for that Update.

6.5 We support the current version and the version before it. You are responsible for installing Updates on a Self-Hosted Deployment within a reasonable time, and in any case before support ends for your version.

6.6 We may change or remove features in an Update, but we will not remove a core feature you are paying for during the Term without at least 60 days’ notice.

7. Restrictions

Except as this Agreement expressly allows or as Indian law permits despite this clause, you must not, and must not allow anyone else to:

1. copy the Software, except for the backups and the staging copy allowed above;
2. reverse engineer, decompile, disassemble or try to derive the source code, structure or algorithms of the Software;
3. modify, translate or create derivative works of the Software, other than the theme, logo and text settings it provides;
4. remove, bypass, disable or interfere with the licence checks, signature checks, seat counts, module switches or any other technical protection;
5. remove or alter any copyright, licence or trademark notice, including the Hovarns™ and Horvarn Edu notices;
6. sell, rent, lease, lend, sublicense, assign or otherwise make the Software available to any third party, or use it to provide a service bureau or hosting service to other coaching centres;
7. run the Software on any domain not listed in your Licence File;
8. use the Software, its screens or its documentation to build or help build a competing product;
9. publish benchmark or security test results about the Software without our written consent, except for responsibly disclosing a vulnerability to us first.

8. Intellectual property and trademarks

8.1 The Software, its design, documentation and all intellectual property rights in them belong to Horvarn Edu and Hovarns and are protected by the Copyright Act, 1957, the Trade Marks Act, 1999 and other laws.

8.2 Hovarns™ is a trademark of Hovarns. “Horvarn Edu” and “Horvarn Edu Coaching” are names and marks of Horvarn Edu. You may refer to them only to say truthfully that you use the Software.

8.3 You own your data and your brand. Customer Data, your academy’s name, logo, colours, photographs, course names and the questions and study material you write remain yours. You grant us only the limited right to host, process, back up and display them as needed to provide the Software and support to you.

8.4 If you send us suggestions, we may use them freely without obligation to you, but we will not name you without consent.

9. Customer data and privacy

9.1 Roles. For personal data in Customer Data, you are the Data Fiduciary and Horvarn Edu acts as your Data Processor, as those terms are used in the Digital Personal Data Protection Act, 2023 (“DPDP Act”) and its rules. We process personal data only on your documented instructions and to provide the Software.

9.2 Your duties. You are responsible for giving notice to and obtaining valid consent from learners, parents and staff, for the accuracy of what you enter, and for responding to requests from Data Principals. The Software provides tools to view, correct, export and erase a person’s records.

9.3 Children. Most learners are under 18 and are children under the DPDP Act. You must obtain verifiable consent from a parent or lawful guardian before processing a child’s personal data, for example at admission. Neither party will use children’s data for tracking, behavioural monitoring or targeted advertising, or in any way likely to harm a child’s well-being. Leaderboards and rank displays follow the privacy settings you choose.

9.4 Our duties. We will keep Customer Data confidential; apply reasonable security safeguards, including encryption in transit, access control and logging; ensure our staff are bound by confidentiality; and notify you without undue delay, and in any case within 48 hours, after becoming aware of a personal data breach, with the information you need to inform the Data Protection Board of India and affected people.

9.5 Data location. For the Hosted Service, Customer Data is stored in data centres located in India. We will not transfer it outside India except as permitted by law and with your prior written consent. For a Self-Hosted Deployment, Customer Data stays on your server; the Software sends us only the licence and update information described in sections 5 and 6, and crash reports only if you turn them on.

9.6 Sub-processors. We may use sub-processors (such as hosting, email and SMS providers) bound by written terms at least as protective as these. We will keep a current list available to you and give notice before adding one.

9.7 Export and deletion. You can export Customer Data at any time in common formats (CSV, JSON and PDF reports). On expiry or termination we will keep Customer Data available for export for 30 days, then delete it from the Hosted Service, and from backups within a further 60 days, unless the law requires us to keep it.

10. Recordings of live classes

10.1 Live classes can be recorded only by a teacher or administrator. The Software shows a visible recording notice to everyone in the class while recording is on.

10.2 You are responsible for informing learners and parents that classes may be recorded, for obtaining any consent the law requires, and for allowing a learner to keep their camera and microphone off where your policy permits.

10.3 Recordings are Customer Data. They are shown only to the batches you choose. You set the retention period in Settings; if you do not, recordings are kept until the end of the academic year plus 90 days and then deleted.

10.4 You must not use recordings for advertising or publish them outside the Software without the consent of the people who can be identified in them, and of a parent for any child.

11. Acceptable use

You will make sure that Users do not use the Software to:

• break any law, including the Information Technology Act, 2000 and the DPDP Act;
• upload material that is unlawful, defamatory, obscene, abusive, or that infringes copyright, including copied question papers or textbooks you have no right to use;
• bully, harass or expose any learner, or share a learner’s marks or contact details with people who should not see them;
• send spam or unsolicited messages to people who have not agreed to hear from you;
• upload malware, probe or attack the Software or other licensees, or place unreasonable load on shared services;
• share sign-in details or let one account be used by several people.

We may remove material or pause an account that clearly breaks this section, and will tell you why.

12. Third-party components

12.1 The Software includes or connects to third-party components that are licensed under their own terms, not this Agreement. Nothing in this Agreement limits your rights under those licences. These include:

12.2 A full list, with copyright notices and licence texts, is available in the Documentation and on request. Third-party services you choose to connect (for example a payment gateway or SMS provider) are governed by your own agreement with that provider.

13. Fees and renewal

13.1 Fees, the billing period and the plan are set out in the Order Form. Fees are exclusive of GST and other applicable taxes, which you will pay in addition.

13.2 Invoices are payable within the period stated in the Order Form. If an undisputed invoice is more than 30 days overdue, we may, after giving 14 days’ written notice, suspend the Software under section 18.

13.3 The licence does not renew automatically unless the Order Form says so. We will remind you at least 30 days before expiry. A renewal is confirmed by a new or extended Licence File.

13.4 Fees paid are not refundable except as this Agreement or the Order Form expressly provides, or where we terminate for convenience.

14. Support

14.1 Support is provided by email and phone in English and Tamil, 09:30–18:00 IST, Monday to Saturday, excluding public holidays in [city to be confirmed]. Your plan may include extended hours as set out in the Order Form.

14.2 We aim to respond to a critical issue (the Software is unavailable, or tests or results cannot be used) within 2 working hours, and to other issues within 1 working day.

14.3 Support covers the current and previous version of the Software. It does not cover problems caused by your server, changes made outside the Software’s settings, or third-party services.

15. Warranties and disclaimer

15.1 We warrant that, during the Term, the Software will perform materially as described in the Documentation. If it does not, your remedy is for us to fix the problem or, if we cannot within a reasonable time, to end the affected licence and refund the prepaid fees for the unused part of the Term.

15.2 Each party warrants that it has the authority to enter into this Agreement.

15.3 Except as stated in this section, the Software is provided “as is” and “as available”. To the extent permitted by law, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Software will be uninterrupted or error-free, or that it will produce any particular examination result for any learner.

16. Limitation of liability

16.1 Neither party is liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, goodwill or anticipated savings, even if advised of the possibility.

16.2 Each party’s total liability arising out of or in connection with this Agreement in any 12-month period is limited to the fees paid and payable by you to Horvarn Edu for the Software in that 12-month period.

16.3 These limits do not apply to your payment obligations, a breach of section 7 (Restrictions), infringement of the other party’s intellectual property, a party’s indemnity obligations, or liability that cannot be limited by law, including for fraud.

17. Indemnity

17.1 We will defend you against any third-party claim that the Software, as supplied by us, infringes that party’s intellectual property rights in India, and pay amounts finally awarded. We may instead modify or replace the Software so it does not infringe, or end the licence and refund the unused prepaid fees. This does not apply to claims caused by Customer Data, Third-Party Components, or use in breach of this Agreement.

17.2 You will defend us against any third-party claim arising from Customer Data, your breach of section 9, 10 or 11, or your use of the Software in breach of law, and pay amounts finally awarded.

17.3 The party seeking indemnity must promptly notify the other, give it control of the defence and reasonable help, and not settle without its consent.

18. Suspension and termination

18.1 We may suspend access, with as much notice as is reasonable, if you fail to pay as described in section 13.2, if your use threatens the security or stability of the Software or other licensees, or if required by law. We will restore access promptly once the cause is resolved.

18.2 Either party may terminate this Agreement by written notice if the other materially breaches it and does not remedy the breach within 30 days of being told, or becomes insolvent, enters liquidation or makes an arrangement with its creditors.

18.3 We may end the licence immediately and withdraw the Licence File if you breach section 7.

18.4 You may stop using the Software at any time; fees already due remain payable.

19. Effect of termination

19.1 On expiry or termination, the licence ends, and you must stop using the Software and remove it from any Self-Hosted Deployment, keeping only your Customer Data and backups of it.

19.2 Customer Data remains available for export as described in section 9.7. On request, we will give you a full export of your database in a documented format.

19.3 Sections 7, 8, 9.7, 15.3, 16, 17, 19, 20 and 21, and any fees due, survive termination.

20. Governing law and jurisdiction

20.1 This Agreement is governed by the laws of India.

20.2 The parties will first try in good faith to settle any dispute through senior representatives within 30 days. Failing that, the courts at [city to be confirmed] have exclusive jurisdiction, subject to either party’s right to seek urgent interim relief from any competent court.

21. Notices

21.1 Notices under this Agreement must be in writing and sent by email with a copy by registered post or courier to the addresses in the Order Form, or to any updated address a party gives by notice.

21.2 An email notice is received on the next working day after sending, unless the sender receives a delivery failure. Operational messages, such as Update and renewal reminders, may be shown inside the Software.

22. Entire agreement and general terms

22.1 This Agreement, the Order Form and the Licence File are the entire agreement between the parties about the Software and replace any earlier discussions or proposals.

22.2 You may not assign this Agreement without our written consent. We may assign it to another company of the Hovarns group or to a successor of the business, with notice to you.

22.3 Neither party is liable for delay caused by events beyond its reasonable control, such as natural disaster, epidemic, war, government action or widespread failure of power or internet services.

22.4 If any part of this Agreement is found unenforceable, the rest stays in force. A failure to enforce a right is not a waiver of it. The parties are independent contractors.

23. Changes to this agreement

23.1 We may update this Agreement for future renewals. We will give at least 30 days’ notice of a change that materially affects you. The version in force when you sign or renew applies for that Term, unless a change is required by law, in which case it applies from the date the law requires.

23.2 The current version is always available at this page, and its version number and date are shown at the top.

24. Contact

For licence questions, quote your licence ID from the status card at the top of this page.