Terms of Service
Last Updated: February 18, 2026
1. Agreement to Terms
By accessing or using the NexGen Operating System (NexGen OS) platform, website, or mobile applications (collectively, the "Service"), you agree to be bound by these Terms. The Service is owned and operated by NexGen Operating Systems, based in New Delhi, India.
If you are entering into this agreement on behalf of a Coaching Institute, School, or other legal entity, you represent that you have the authority to bind such entity to these terms.
2. Subscription & Payments
The Service is billed in advance on a recurring monthly or yearly basis.
Subscription fees cover the NexGen software license only. Use of the WhatsApp Business API (Meta), SMS Gateways, and Domain Name purchases are excluded. These costs are variable and must be paid directly by the Client to the respective providers (e.g., Meta/Facebook) or reimbursed to NexGen at actuals.
If a subscription payment fails, NexGen reserves the right to immediately suspend access to Premium features (including AI Tutor and WhatsApp Bots). In case of non-payment, student data will be retained for a grace period of 30 days. After 30 days, all data may be permanently deleted to free up server space.
Subscription fees are non-refundable. One-time Setup Fees (for App deployment) are strictly non-refundable once the deployment process has commenced.
3. Acceptable Use & Fair Usage
You agree not to misuse the Service. Prohibited actions include:
- AI Abuse: Using automated scripts to flood the AI Tutor with requests (e.g., exceeding 500 requests/minute).
- Piracy: Uploading copyrighted study material (e.g., scanned books, paid video courses) without the owner's permission.
- Reverse Engineering: Attempting to copy the source code, duplicate the design, or resell the "White Label" app as your own independent software product.
4. Data Ownership & Privacy
The Client (Institute) retains 100% ownership of all student data, attendance records, and content uploaded to the platform.
NexGen OS will NEVER sell, rent, or share your student data with third-party advertisers, other coaching institutes, or EdTech competitors. We act solely as a Data Processor.
5. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall NexGen OS or its founders be liable for:
- Indirect Damages: Any indirect, punitive, incidental, special, or consequential damages (including loss of business, revenue, or reputation).
- Third-Party Failures: Service downtime caused by third-party cloud outages (AWS, Vercel, Google Cloud), Internet Service Provider failures, or WhatsApp API outages.
LIABILITY CAP: In all cases, NexGen OS's total financial liability for any claim shall be strictly limited to the total amount of subscription fees paid by you to NexGen OS in the three (3) months prior to the event giving rise to the claim.
6. Indemnification
The Client agrees to indemnify, defend, and hold harmless NexGen OS, its officers, and employees from any claims, damages, legal fees, or liabilities arising out of:
- The Client’s use or misuse of the Service.
- Violation of any third-party rights (e.g., uploading pirated content).
- Violation of student privacy laws by the Institute.
7. Force Majeure
NexGen OS shall not be liable for any failure or delay in performance where such failure is a result of causes beyond our reasonable control, including but not limited to: Acts of God, fire, flood, war, Government-imposed Internet Shutdowns, or cyber-attacks (DDoS).
8. Termination
By Client: You may stop using the Service at any time. You are responsible for exporting your data before your subscription expires.
By NexGen: We may terminate or suspend your account immediately, without prior notice, if you breach these Terms (e.g., non-payment or illegal content).
9. Governing Law & Jurisdiction
Jurisdiction: These Terms shall be governed by the laws of India. The courts located in New Delhi shall have exclusive jurisdiction over all disputes arising out of or related to this Agreement.
Arbitration: Any dispute shall be referred to a sole Arbitrator appointed by NexGen OS. The seat of arbitration shall be New Delhi, and the language shall be English.
11. Changes to Terms
NexGen OS reserves the right to modify or replace these Terms at any time. We will notify you of any material changes via email or a dashboard notification.
By continuing to access the Service after those revisions become effective, you agree to be bound by the revised terms.
12. Contact
For any questions regarding these Terms, please contact us at: