Welcome to Tailwnd | Flow Learning Solutions LLP ("Website"), an educational platform designed for K-12 students in India, accessible at www.tailwnd.com. These Terms of Service ("Terms") govern your use of the Website, including all content, features, and services provided by www.tailwnd.com ("we," "us," or "our"). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, please do not use the Website.
1. Acceptance of Terms
These Terms form a legally binding agreement between you (the user, parent, or legal guardian) and [Your Website Name]. For users under 18, a parent or legal guardian must accept these Terms and provide verifiable parental consent, as required by the Digital Personal Data Protection Act, 2023 (DPDPA). We may update these Terms periodically, and changes will be posted on the Website with the updated effective date. Continued use after updates constitutes acceptance.
2. Eligibility
- The Website is intended for K-12 students in India, their parents, or legal guardians, educators and school leaders.
- Users must register offline through our authorized channels (e.g., schools, registration events) and log in to access content.
- Users under 18 ("child users") require verifiable parental consent, as outlined in our Parental Consent Statement, to access the Website and, for free users, view non-sensitive, contextual advertisements.
- By using the Website, you confirm you are either:
- 18 or older, or
- A parent/guardian providing consent for a child user under 18.
3. Services Provided
The Website offers:
- Educational Content: Lessons, quizzes, and resources tailored for K-12 students.
- User Accounts: Secure accounts for accessing personalized learning experiences, requiring offline registration and login.
- Subscription Model:
- Free Tier: Access to basic content with non-sensitive, contextual advertisements displayed via Google AdSense, subject to parental consent for child users.
- Paid Tier: Access to premium content and features without advertisements, available via subscription plans.
- Account Management: Tools to manage subscriptions, preferences, and account settings.
4. User Responsibilities
You agree to:
- Provide Accurate Information: Submit truthful details during offline registration (e.g., name, age, contact information).
- Maintain Account Security: Keep login credentials confidential and notify us at info@tailwnd.com if you suspect unauthorized access.
- Use Appropriately: Access the Website for educational purposes only, without attempting to disrupt, hack, or misuse it.
- Comply with Laws: Adhere to applicable Indian laws, including the DPDPA and Advertising Standards Council of India (ASCI) guidelines.
- Subscription Payments: For paid tiers, pay applicable fees on time and comply with payment terms provided during subscription.
Parents/guardians of child users agree to:
- Review and accept our Privacy Policy and provide consent via the Parental Consent Statement.
- Supervise their child’s use of the Website to ensure compliance with these Terms.
5. Privacy and Parental Consent
Your privacy is our priority, especially for child users. Our data practices are detailed in our Privacy Policy, which you must review. Key points:
- Children’s Data: For users under 18, we collect and process personal data (e.g., name, IP address) only with verifiable parental consent, as required by DPDPA Section 9 and the Student Privacy Pledge.
- Advertisements: Free-tier users under 18 may view non-sensitive, contextual ads via Google AdSense, based on page content, not user behavior, with parental consent. Paid-tier users receive an ad-free experience.
- Parental Rights: Parents may access, correct, delete, or withdraw consent for their child’s data by contacting info@tailwnd.com.
The Parental Consent Statement is a separate agreement for child users, collected online or offline, and not bundled with these Terms to ensure DPDPA compliance.
6. Advertisements
For free-tier users, we display non-sensitive, family-friendly ads via Google AdSense, configured for DPDPA and Student Privacy Pledge compliance:
- Ads are contextual, based on page content, with no behavioral tracking or profiling.
- Ads are shown only to free-tier users with parental consent (for those under 18).
- Paid-tier users enjoy an ad-free experience.
- We monitor ads to ensure they comply with ASCI guidelines and DPDPA’s “no harm” requirement for children.
7. Subscription and Billing
- Subscription Plans: Paid tiers offer premium content and an ad-free experience. Details, including pricing and features, are provided during subscription signup.
- Subscription Period: Unless otherwise agreed in the Agreement, the Subscription Period shall be twelve (12) months commencing on the Effective Date. Unless the Subscriber cancels the subscription, at least 60 days prior to the contract renewal date, the subscription is automatically renewed for a subsequent successive Subscription Period.
- The subscription is binding during the full duration of the Subscription Period. The subscriber can choose to terminate the subscription by submitting a termination notice anytime during the validity of the subscription.
- Pursuant to the provisions herein, any Subscriber requests for modification of the Service's scope or cancellation of the Subscription Period must be submitted in writing to the designated contact person at least 60 days prior to the subscription renewal date as mentioned in the order form. The Service Provider will use reasonable efforts to accommodate modification requests but is not obligated to do so.
- Upon the termination of this Agreement for any reason any sum owing or due to the Service Provider shall be immediately payable and the rights of the Subscriber and Licensed Users herein shall be immediately cancelled.
8. Intellectual Property
- Our Content: All Website content (e.g., lessons, graphics, code) is owned by Tailwnd or our licensors and protected by Indian copyright laws. You may use it for personal, non-commercial educational purposes only, subject to your subscription tier.
- User Content: Any content you submit (e.g., quiz answers, comments) grants us a non-exclusive, royalty-free license to use, store, and display it for educational purposes, subject to our Privacy Policy.
- Restrictions: You may not copy, distribute, modify, or create derivative works of our content without written permission.
9. Prohibited Conduct
You agree not to:
- Use the Website for non-educational purposes (e.g., commercial activities, illegal acts).
- Attempt to bypass login or subscription requirements, hack, or disrupt the Website.
- Submit false information during registration or use.
- Post harmful, offensive, or inappropriate content.
- Violate the rights of others, including privacy or intellectual property rights.
10. Account Termination
We may suspend or terminate your account if you:
- Violate these Terms or applicable laws.
- Provide false registration information.
- Fail to provide parental consent for child users.
- Engage in prohibited conduct.
- Fail to pay subscription fees (for paid tiers).
Upon termination, you must cease using the Website, and we may delete your data, subject to DPDPA retention requirements. Paid subscriptions may be cancelled without refund, per our refund policy.
11. Disclaimers
- As-Is Basis: The Website is provided “as is” without warranties, express or implied, including accuracy or fitness for a particular purpose.
- Educational Use: Content is for educational purposes and not a substitute for professional advice or formal education.
- Third-Party Links: The Website may link to third-party sites (e.g., resources). We are not responsible for their content or practices.
12. Limitation of Liability
To the extent permitted by Indian law, www.tailwnd.com is not liable for:
- Indirect, incidental, or consequential damages arising from Website use.
- Losses due to technical issues, interruptions, or data breaches, provided we maintain reasonable security safeguards per DPDPA.
- Content accuracy or third-party actions.
Our total liability shall not exceed the amount paid by you (if any) for Website access or INR 1,000, whichever is higher.
13. Indemnification
You agree to indemnify and hold www.tailwnd.com, its affiliates, and employees harmless from claims, losses, or damages arising from your violation of these Terms, misuse of the Website, or infringement of third-party rights.
14. Governing Law and Dispute Resolution
- Governing Law: These Terms are governed by the laws of India.
- Jurisdiction: Disputes shall be resolved in the courts of Ghaziabad, India.
- Grievance Redressal: For concerns, contact our Grievance Officer (details below). Unresolved issues may be escalated to the Data Protection Board of India (once established) under DPDPA.
15. Modifications to Services
We may modify, suspend, or discontinue the Website or its features (including subscription plans) at any time, with notice via email or the Website. We strive to minimize disruption to users.
16. Contact Us
For questions, concerns, or to exercise your rights, contact our Grievance Officer:
17. Miscellaneous
- Entire Agreement: These Terms, together with the Privacy Policy and Parental Consent Statement, constitute the entire agreement between you and [Your Website Name].
- Severability: If any provision is found invalid, the remaining provisions remain enforceable.
- No Waiver: Our failure to enforce any right does not waive it.
Note: By using the Website, you acknowledge you have read, understood, and agreed to these Terms. For child users under 18, a parent/guardian must accept these Terms and provide separate consent via the Parental Consent Statement.