Effective Date: 30 July 2026
These Terms and Conditions ("Terms") govern the use of the Learning Management System ("Software" or "Service") provided by Nynedge Software Pvt. Ltd. ("Company", "we", "our", or "us"). By accessing or using our Software, you ("Customer", "User", or "Client") agree to be bound by these Terms.
1. About the Service
Nynedge Software Pvt. Ltd. provides a cloud-based Learning Management System (LMS) Software-as-a-Service (SaaS) platform for educational institutions, training organizations, businesses, and other customers.
2. Acceptance of Terms
By registering for, accessing, or using the Software, you confirm that you have read, understood, and agreed to these Terms. If you are using the Software on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.
3. Subscription and Access
Access to the Software is provided on a subscription basis.
Subscription plans, pricing, and features are specified in the applicable quotation, proposal, or agreement.
Access is valid only during the active subscription period.
The Company reserves the right to suspend or terminate access for non-payment or violation of these Terms.
4. User Accounts
Customers are responsible for:
Maintaining the confidentiality of login credentials.
Ensuring that all account information is accurate.
All activities performed using their accounts.
The Company shall not be liable for losses resulting from unauthorized access caused by the customer's negligence.
5. Customer Responsibilities
The Customer agrees to:
Use the Software only for lawful purposes.
Not attempt to hack, reverse engineer, modify, copy, or interfere with the Software.
Not upload malicious software, viruses, or harmful content.
Ensure that all uploaded content complies with applicable laws.
6. Intellectual Property
All rights, title, and interest in the Software, including source code, design, trademarks, logos, documentation, and related intellectual property, remain the exclusive property of Nynedge Software Pvt. Ltd.
The Customer receives a limited, non-exclusive, non-transferable license to use the Software during the subscription period.
7. Customer Data
The Customer retains ownership of all data uploaded into the Software.
The Company may access customer data only:
To provide technical support.
To maintain and improve the Service.
When required by law.
The Company will implement reasonable security measures to protect customer data.
8. Data Backup
While reasonable efforts are made to maintain backups, customers are responsible for maintaining copies of important data. The Company is not liable for data loss resulting from events beyond its reasonable control.
9. Availability
The Company aims to provide high service availability but does not guarantee uninterrupted or error-free operation.
Scheduled maintenance may temporarily affect service availability.
10. Payments
Subscription fees are payable in advance unless otherwise agreed in writing.
All payments are non-refundable unless specifically stated in a separate written agreement.
Late payments may result in suspension of services.
Applicable taxes, including GST, shall be charged as required under Indian law.
11. Free Trial (If Applicable)
If a free trial is provided:
It is offered without warranty.
The Company may modify or discontinue the trial at any time.
Access automatically ends unless converted into a paid subscription.
12. Third-Party Services
The Software may integrate with third-party services. The Company is not responsible for the availability, security, or performance of such third-party services.
13. Confidentiality
Both parties agree to keep confidential any proprietary or confidential information disclosed during the business relationship unless disclosure is required by law.
14. Limitation of Liability
To the maximum extent permitted by law:
The Company shall not be liable for indirect, incidental, special, consequential, or punitive damages.
The Company's total liability arising out of or relating to the Software shall not exceed the subscription fees paid by the Customer during the twelve (12) months immediately preceding the claim.
15. Disclaimer
The Software is provided on an "as is" and "as available" basis. Except as expressly stated, the Company makes no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
16. Suspension and Termination
The Company may suspend or terminate access if:
Subscription fees remain unpaid.
The Customer breaches these Terms.
The Software is used unlawfully or in a manner that threatens security or service availability.
Upon termination, access to the Software will cease.
17. Privacy
Customer information will be handled in accordance with the Company's Privacy Policy.
18. Force Majeure
The Company shall not be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, government actions, internet outages, cyberattacks, or power failures.
19. Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of India.
Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Kolkata, West Bengal, India, unless otherwise agreed in writing.
20. Amendments
The Company may update these Terms from time to time. Updated Terms become effective upon publication on the Company's website or upon written notification to customers.
Continued use of the Software after such updates constitutes acceptance of the revised Terms.
21. Contact Information
Nynedge Software Pvt. Ltd.
Email: sales@nynedge.com
For questions regarding these Terms, please get in touch with us using the email address above.