Terms of Service - Upasthiti

Agreement to Terms

By accessing, downloading, installing, or using Upasthiti (referred to as 'Upasthiti - Swipe Attendance' on Google Play), the mobile application ("App"), you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by these terms, please do not use this service.

By using the App, you represent and warrant that:

You are at least 18 years of age or have parental consent
You have the legal capacity to enter into this agreement
You will comply with all applicable laws and regulations
You will use the App only for lawful purposes

Use License

Permission is granted to download and use the Upasthiti app for personal, educational, and non-commercial use to manage attendance and student data. This is the grant of a license, not a transfer of title, and under this license you may not:

❌ Modify, copy, adapt, or create derivative works of the app or its materials
❌ Use the app for any commercial purpose without our express written authorization
❌ Attempt to reverse engineer, decompile, or disassemble any software contained in the app
❌ Remove any copyright, trademark, or other proprietary notations from the materials
❌ Transfer, sublicense, or assign the app or materials to another person or entity
❌ Use the app in any way that violates applicable laws, regulations, or third-party rights
❌ Use the app to transmit any harmful code, malware, or viruses
❌ Interfere with or disrupt the app's functionality or servers

User Account and Registration

Account Creation

You must provide accurate, current, and complete information during registration
You must maintain and update your account information to keep it accurate
You may only create one account per person
You must use a valid email address for registration/login and complete email verification before full app access

Account Security

You are solely responsible for maintaining the confidentiality of your account credentials
You are responsible for all activities that occur under your account, whether authorized or not
You must notify us immediately of any unauthorized use of your account or any security breach
You must use strong, unique passwords and enable available security features
You must not share your account credentials with others
You must log out of your account when using shared devices

Account Termination

You may terminate your account at any time from Profile > Privacy Settings > Delete Account & Data in the app, or by contacting us at teamupasthiti@gmail.com
We may suspend or terminate your account for violations of these Terms
Upon termination, your right to use the App will immediately cease
We may delete your account and associated data as described in our Privacy Policy

User Responsibilities

📝 Accurate Data Entry

You agree to provide accurate, current, and complete information when using the app
You must update such information as necessary to keep it accurate and current
You are solely responsible for the accuracy of student and class information you enter
You must verify attendance data before marking it as final
You must ensure student information is entered with proper authorization and consent
Parental Consent: If you are entering student information for children under 18, you represent and warrant that you have obtained necessary parental consent as required by applicable laws (COPPA, DPDP Act, GDPR-K, etc.). You are solely responsible for ensuring compliance with all applicable children's privacy laws before entering student information into the app.

⚖️ Legal Compliance

You agree to use the app in compliance with all applicable laws, regulations, and ordinances
You must comply with privacy laws (GDPR, CCPA, COPPA, etc.) when handling student data
You must obtain necessary permissions and consents before collecting student information
You must comply with educational data protection requirements and institutional policies
You must not use the app for any illegal or unauthorized purpose

🔒 Data Protection and Privacy

You are responsible for protecting student data and ensuring privacy compliance
You must not share student data with unauthorized parties or third parties without consent
You must use the app in a manner that protects student privacy and confidentiality
You are responsible for data backup and recovery procedures on your device
You must comply with our Privacy Policy, which is incorporated into these Terms by reference

Prohibited Uses

You may not use our app:

❌ For any unlawful purpose or to solicit others to perform unlawful acts
❌ To violate any international, federal, provincial, state, or local regulations, rules, laws, or ordinances
❌ To infringe upon or violate our intellectual property rights or the intellectual property rights of others
❌ To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any person or group
❌ To submit false, misleading, or fraudulent information
❌ To upload or transmit viruses, malware, trojans, worms, or any other type of malicious code
❌ To spam, phish, pharm, pretext, spider, crawl, scrape, or harvest data without permission
❌ To interfere with or disrupt the app, servers, or networks connected to the app
❌ To attempt to bypass, hack, or circumvent any security measures or access controls
❌ To collect or store personal data about other users without their explicit permission
❌ To impersonate any person or entity or falsely state or misrepresent your affiliation
❌ To use automated systems (bots, scripts) to access the app without permission
❌ To use the app in any way that could damage, disable, or impair the app or its functionality

Data and Privacy

Data Collection and Processing

We collect and process personal data as described in our Privacy Policy
By using our app, you consent to such collection and processing in accordance with our Privacy Policy
You must comply with all applicable privacy laws when using student data
You must obtain necessary consents and permissions before collecting student information
You are responsible for ensuring compliance with data protection regulations in your jurisdiction

Data Security

We implement appropriate technical and organizational measures to protect your data
You must also take reasonable measures to protect data on your device (e.g., device locks, encryption)
You must not share your account credentials with others
You must report any security breaches, unauthorized access, or data leaks immediately
You must use secure networks when accessing the app

Data Retention and Deletion

We retain your data only for as long as necessary to provide our services
You can delete your data through the app at any time
We may retain certain data as required by law or for legitimate business purposes
Deleted data may be permanently removed from active systems within a reasonable timeframe (typically 30 days)
Some data may be retained in backups for disaster recovery purposes

Intellectual Property

Our Intellectual Property

The app and its original content, features, and functionality are the exclusive property of Upasthiti and its licensors
The app is protected by copyright, trademark, patent, trade secret, and other intellectual property laws
You may not copy, modify, distribute, sell, lease, or create derivative works based on the app
You may not use our trademarks, logos, trade names, or other proprietary marks without our written permission
All rights not expressly granted to you are reserved by Upasthiti

Your Content

User-generated content (student data, classes, attendance records, photos) remains your property
By uploading or submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, display, and process your content solely for the purpose of providing and improving the app
You represent and warrant that you have the right to grant such license and that your content does not violate any third-party rights
You retain all ownership rights to your content and can delete it at any time

Service Availability

🌐 Online Services

We strive to maintain high availability and reliability of our online services
We cannot guarantee uninterrupted, error-free, or secure access to the app at all times
We may perform scheduled or unscheduled maintenance that may temporarily affect service
We are not liable for service interruptions, delays, or failures beyond our reasonable control
Service availability may be affected by factors including network issues, server problems, or third-party service outages

📱 Offline Functionality

Our app provides offline functionality for core features including attendance marking and data management
You can mark attendance, manage classes and students, and view data without internet connectivity
Data will sync automatically when internet connectivity is restored
Offline data may be subject to device storage limitations
We are not responsible for data loss if offline data is not properly synced

🔄 Updates and Maintenance

We may perform scheduled maintenance, updates, or modifications to the app at any time
We may add, modify, or remove features, functionality, or content at any time without prior notice
We are not obligated to provide updates, support, or maintenance for older app versions
You are responsible for keeping your app updated to the latest version
We reserve the right to discontinue support for older app versions or operating systems

Advertising

Our App displays advertisements using Google AdMob to support free app functionality. This section explains how advertising works in our App.

Live advertisements

The free version of the App may display live advertisements through Google AdMob. Ads may be personalized or non-personalized depending on your region, your device and Google account ad settings, and (where required) your choices in our in-app consent flow. See our Privacy Policy for details on data collected for advertising.

Nature of Advertising

Advertisements are displayed to support the free version of our app and enable continued development
We use Google AdMob, which is an advertising service provided by Google
We do not control the content, placement, or timing of advertisements displayed by AdMob
Advertisements may be personalized based on your device information and app usage patterns
Advertisements may include banners, full-screen interstitials, app open ads on cold start and when resuming the app on non-sensitive screens, and optional rewarded ads you choose to watch (for example for certain attendance-related features)
Optional ads-free subscription: We may offer a paid subscription option such as “Remove All Ads”. When active, the app will not load or show ads (including app open and rewarded ads).
Sensitive screens: When you return to the app from the background, app-open ads are suppressed on login/register, onboarding, privacy/terms, profile/settings, premium, and while taking or viewing attendance (see Privacy Policy).

Ad Content and Responsibility

We do not control the content of advertisements displayed by third-party advertisers
Advertisements are provided by AdMob and its advertising partners, not by us
We are not responsible for the content, accuracy, legality, or appropriateness of advertisements
We are not liable for any issues, claims, or damages arising from advertisement content
Clicking on advertisements may redirect you to third-party websites or apps

Your Choices Regarding Ads

Consent / analytics (summary): The App uses Google’s User Messaging Platform (UMP) where Google determines it is needed. Firebase Analytics and personalized ads depend on your region, UMP status, and how our App applies those signals (including cases where analytics may be enabled without an in-app form when UMP reports consent as not required). Crash reporting via Firebase Crashlytics in release builds is described in the Privacy Policy. For full details, see our Privacy Policy.
Opt Out of Personalized Advertising: You can opt out of personalized advertising in your Android device settings: Settings > Google > Ads > Opt out of Ads Personalization
Even if you opt out of personalized ads, you may still see advertisements, but they will be less relevant to your interests
You can reset your Android Advertising ID at any time in your device settings
You may use ad blockers, but this may affect app functionality or user experience
Note: Opting out of personalized ads does not reduce the number of ads you see

Ad Interactions and Third Parties

Clicking on advertisements may redirect you to third-party websites, apps, or services
We are not responsible for the content, privacy practices, or security of third-party websites or apps
We are not liable for any issues, damages, or losses arising from your interaction with advertisements
Third-party advertisers and ad networks have their own privacy policies and terms of service
We encourage you to review third-party privacy policies before interacting with advertisements

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Upasthiti, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation:

Loss of profits, revenue, data, use, goodwill, or other intangible losses
Errors or inaccuracies in attendance data, reports, or calculations
Interruption or cessation of service, including data loss or corruption
Unauthorized access to, use of, or disclosure of your data
Any issues arising from third-party services, advertisements, or external links
Damages for personal injury, property damage, or other losses
Business interruption or loss of business opportunities

Our total liability for any claims arising from or related to the app shall not exceed the amount you paid to us (if any) in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

Disclaimer

The information and services on this app are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, we:

Exclude all representations, warranties, conditions, and terms relating to this app and its contents
Exclude all liability for damages, losses, or expenses arising out of or in connection with your use of this app
Do not warrant that the app will be available at all times, error-free, or secure
Do not warrant that the app will meet your specific requirements or expectations
Do not warrant the accuracy, completeness, reliability, or usefulness of any information, data, or content
Do not warrant that the app will be compatible with all devices or operating systems
Do not warrant that defects or errors will be corrected

Termination

We may terminate or suspend your account and bar access to the app immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to:

Breach of these Terms or any other agreement with us
Unauthorized use of the app or violation of our intellectual property rights
Violation of applicable laws, regulations, or third-party rights
Request by law enforcement or government agencies
Extended periods of inactivity (typically 12 months or more)
Fraudulent, abusive, or illegal activity
Failure to pay applicable fees (if any)

Upon termination:

Your right to use the app will immediately cease
We may delete your account and associated data at our discretion
You may lose access to all data, features, and functionality
We are not obligated to provide you with a copy of your data upon termination
All provisions of these Terms that by their nature should survive termination shall survive

You may terminate your account at any time by contacting us at teamupasthiti@gmail.com. Upon termination by you, we will delete your account and data in accordance with our Privacy Policy.

Changes to Terms

We reserve the right, at our sole discretion, to modify, update, or replace these Terms at any time. We will notify you of any material changes by:

Posting the new Terms in the app
Updating the "Last updated" date at the top of these Terms
Sending you a notification via email or in-app notification for material changes
Requiring you to review and accept the updated Terms if changes are significant

What constitutes a material change will be determined at our sole discretion. Material changes may include changes to:

Your rights and obligations
Our liability limitations
Dispute resolution procedures
Features or functionality that affect your use of the app

Continued use of the app after changes become effective constitutes acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the app and delete your account.

Governing Law

These Terms shall be interpreted and governed by the laws of India, without regard to its conflict of law provisions or your country of residence. Any disputes arising from or related to these Terms or the app shall be subject to the exclusive jurisdiction of the courts of India.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

Dispute Resolution

If you have any dispute, claim, or controversy arising out of or relating to these Terms or the app, you agree to:

First contact us at teamupasthiti@gmail.com to attempt to resolve the dispute informally
Provide a detailed description of the dispute and your desired resolution
Allow us a reasonable opportunity (typically 30 days) to respond and attempt to resolve the dispute

If we cannot resolve the dispute informally, you agree to submit the dispute to binding arbitration in accordance with applicable law, unless otherwise required by law. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 2015 (India) or applicable law in your jurisdiction.

You waive any right to participate in a class-action lawsuit or class-wide arbitration against us.

Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

📧 Email: teamupasthiti@gmail.com

📱 App: Terms of Service and Privacy Policy available in the app settings (Profile section)

👤 Privacy Contact / Grievance Officer: teamupasthiti@gmail.com (solo developer; no formal DPO appointed)

We will respond to your inquiry within a reasonable timeframe (typically within 30 days). For urgent matters or account issues, please mark your email as "URGENT - Terms Request."

Acknowledgment

By using the Upasthiti app, you acknowledge that:

✅ You have read, understood, and agree to be bound by these Terms of Service
✅ You have read and agree to our Privacy Policy, which is incorporated into these Terms by reference
✅ You are at least 18 years of age or have parental consent
✅ You have the legal capacity to enter into this agreement
✅ You will comply with all applicable laws and regulations when using the app

If you do not agree to these Terms, you must not use the app and should delete it from your device.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Upasthiti regarding your use of the app and supersede all prior agreements and understandings.