Effective date: [DD Month YYYY] Last updated: [DD Month YYYY]
DRAFT — not yet legally reviewed. Items marked [CONFIRM] are factual claims or business decisions I could not verify from the codebase. You must confirm each one before publishing.
Smaqq is a learning app for school students that combines quizzes, games, a city-building world and rewards to make studying more engaging.
Smaqq is operated by [COMPANY LEGAL NAME], a company incorporated in India (CIN: [CIN]), with its registered office at [REGISTERED ADDRESS], India ("Smaqq", "we", "us", "our").
These Terms of Service ("Terms") govern your use of the Smaqq mobile application and the website at www.smaqq.in (together, the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, please do not use the Service.
Our [Privacy Policy] explains how we collect and use personal data, and forms part of these Terms.
Smaqq is built primarily for school students. Many of our users are under 18.
We may ask for information to verify a user's age band or a parent's relationship to a student account. Providing false information about your age or identity is a breach of these Terms.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the Smaqq app on a device you own or control, for your personal, non-commercial, educational use.
You may not:
All rights not expressly granted to you are reserved by us and our licensors.
The Service, including its questions, illustrations, characters, animations, sounds, game mechanics, branding and underlying software, is owned by us or our licensors and is protected by Indian and international intellectual property law. Nothing in these Terms transfers ownership of any of it to you.
When you use Smaqq you may provide certain content, such as your display name, avatar selection, and spoken or typed answers to questions ("User Content").
Smaqq is a place for learning and friendly competition. You agree not to:
We may investigate suspected violations and take action including warning you, resetting ill-gotten rewards, suspending, or terminating an account, as described in Section 10.
Smaqq includes in-app virtual currency ("Coins"), chests, city-building assets, and other virtual items and rewards ("Virtual Items").
We may offer rewards for referring new users to Smaqq. Referral rewards are granted at our discretion, are Virtual Items under Section 8, and may be withdrawn if we determine a referral was fraudulent, self-referred, or otherwise abusive. We may change or end the referral programme at any time.
We may suspend or terminate your access to the Service, in whole or in part, if:
Where practical, we will give you notice and a reason. You may also close your account at any time as described in Section 3.
On termination, your licence to use the app ends immediately, and any Virtual Items are forfeited under Section 8. Sections of these Terms that by their nature should survive termination — including Sections 5, 6, 11, 13 and 14 — continue to apply.
Smaqq references school boards and grade structures (for example, CBSE, ICSE and state boards) to organise our content by curriculum. Smaqq is not affiliated with, endorsed by, or sponsored by any school board, examination authority, or educational institution, and references to a board or grade are solely to describe the intended audience of our content.
We make reasonable efforts to keep our content accurate and aligned to common syllabi, but:
Smaqq is a supplementary learning tool, not a replacement for formal education.
We are a growing product and the Service will change over time. We may add, modify, or remove features, content, or Virtual Items at any time.
We aim to keep Smaqq available, but we do not guarantee the Service will be uninterrupted, error-free, or available at all times. We may suspend the Service for maintenance, or discontinue it, with notice where reasonably possible.
To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Service will be secure, uninterrupted, or free of errors, or that any content is accurate or complete.
Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under Indian law, including liability for death, personal injury caused by negligence, or fraud.
To the maximum extent permitted by applicable law, [COMPANY LEGAL NAME] and its officers, employees, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, goodwill, or profits, arising from your use of, or inability to use, the Service.
Where liability cannot be excluded, our total liability to you for any claim arising from these Terms or the Service is limited to [CONFIRM: e.g. INR 5,000, or the amount you paid us in the preceding 12 months, whichever is higher].
This section applies to the fullest extent permitted by law, whether the claim is based on contract, tort, or any other legal theory.
You agree to indemnify and hold us harmless from any claim, loss, or expense (including reasonable legal fees) arising from your breach of these Terms, your User Content, or your misuse of the Service. This does not apply to claims arising from our own negligence or breach of these Terms. Where you are under 18, this indemnity is the responsibility of your parent or guardian.
The Service uses certain third-party services to operate, including Google Sign-In, Google Firebase (for notifications), and Google's speech recognition service, and is distributed through Google Play. Your use of these services is also governed by the relevant third party's own terms. We are not responsible for the availability or performance of third-party services we do not control.
These Terms are governed by the laws of India.
Subject to Section 12 of our Privacy Policy (which explains how to raise a grievance with our Grievance Officer, and thereafter with the Data Protection Board of India for data-related complaints), any dispute arising from these Terms or the Service will be subject to the exclusive jurisdiction of the courts at Bengaluru, Karnataka, India.
We encourage you to contact us first using the details in Section 18 so we can try to resolve any issue directly.
If you downloaded Smaqq from Google Play, you also agree to Google Play's Terms of Service. In case of conflict between these Terms and Google Play's terms on matters Google Play governs (such as billing through Google Play, where applicable), Google Play's terms will apply to that matter.
We may update these Terms as Smaqq changes or as the law requires. If a change is material, we will notify you in the app or by email before it takes effect. Continuing to use the Service after a material change takes effect means you accept the updated Terms; if you do not agree, you should stop using the Service and may delete your account.
The "Last updated" date at the top of these Terms always reflects the current version.
Questions about these Terms can be sent to:
Email: [SUPPORT/LEGAL EMAIL] Address: [REGISTERED ADDRESS]
For privacy-specific requests and grievances, see Section 14 of our Privacy Policy.
[COMPANY LEGAL NAME] — [REGISTERED ADDRESS], India