Terms of Service & Legal Hub — GrowSmart by CROWDTEACH

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Master Terms & Conditions

CROWDTEACH PVT LTD – CrowdTeach Platform

1. Definitions

1.1 "Agreement" These Terms & Conditions, including Privacy Policy, GDPR addendum, EULA, KYC & Fraud Prevention, and any guidelines issued by the Company.

1.2 "Company", "we", "us" CROWDTEACH PVT LTD, incorporated under Companies Act, 2013, with registered office at Siliguri, West Bengal.

1.3 "Platform" CrowdTeach mobile app, website, and associated services (GrowSmart).

1.4 "User","Student","Teacher" Defined as per the platform roles.

1.5 "Subscription Fee" Fee paid to Company for platform features; "Direct Payment" means payments between Student and Teacher outside Company's system.

2. Acceptance of Terms

By accessing or using the Platform, you agree to these Terms, Privacy Policy, EULA, and all referenced policies. If you disagree, you must cease use immediately.

3. Nature of Services (Marketplace)

CrowdTeach is an educational marketplace connecting Students and Teachers. The Company’s role is limited to providing the platform, KYC verification, and subscription access. The Company does NOT intermediate or guarantee direct payments, quality, or delivery of tutoring.

4. User Eligibility & KYC

You must be 18+ or have parental consent. Teachers must hold required qualifications. KYC verification (Government ID, photograph) is mandatory. Submitting false documents is a criminal offence under BNS, 2023 and IT Act.

5. User Obligations & Conduct

Users must act lawfully, respectfully, and not engage in harassment, fraud, impersonation, or illegal content. Violation leads to suspension or legal action.

6. Payments & Financial Responsibility

All teacher-student payments are direct. The Company is not liable for disputes, non-payment, fraud, or service quality concerning direct payments.

7. Intellectual Property

All platform IP (software, design, trademarks) owned by CROWDTEACH PVT LTD. Unauthorized use constitutes infringement under Copyright Act, 1957 and BNS.

8. Indemnity & Limitation of Liability

Users indemnify the Company against claims from their violations. Total Company liability is limited to subscription fees paid in last 12 months. No liability for indirect damages.

9. Governing Law & Dispute Resolution

Governing law: India. Disputes subject to arbitration under Arbitration & Conciliation Act, 1996. Seat: Siliguri, West Bengal, India. Courts at Siliguri, West Bengal have exclusive jurisdiction.

10. Amendments & Severability

We may amend Terms; continued use constitutes acceptance. If any provision is unenforceable, the rest remains valid.

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GDPR & Data Protection Compliance

Privacy framework (IT Act, SPDI Rules, EU GDPR)

1. Controller & DPO

Data Controller: CROWDTEACH PVT LTD. For EU data subjects and privacy matters, contact Data Protection Officer (DPO) at contact@gogrowsmart.com or postal address: Siliguri, West Bengal.

2. Lawful Bases & Data Categories

We process personal data (name, ID, contact, photo, usage logs) based on consent, contractual necessity, and legal obligations. Sensitive data processed only with explicit consent.

3. User Rights (GDPR & Indian Law)

Right to access, rectify, erase (right to be forgotten), restrict processing, data portability, object to processing.
Requests must be sent to DPO email; response within 30 days.

4. Security & Breach Notification

We implement AES-256, access controls, 2FA, and penetration testing. In case of data breach, we notify supervisory authority within 72 hours and affected users without undue delay.

5. Cross-Border Transfers

Transfers outside EU/EEA use Standard Contractual Clauses (SCCs) or adequacy decisions.

DPO Contact: Data Protection Officer / contact@gogrowsmart.com, CROWDTEACH PVT LTD, Siliguri, West Bengal. For GDPR complaints, you may lodge a complaint with your local supervisory authority.

3

End User License Agreement (EULA)

Software & platform usage license

Grant of License We grant you a limited, non-exclusive, non-transferable, revocable license to use the CrowdTeach platform for personal/educational purposes only.

Restrictions You may not reverse engineer, copy, modify, redistribute, or scrape the Platform. Any violation terminates license and may result in legal action.

Ownership All rights, title, and interest in the platform (including updates, UI, underlying code) remain with CROWDTEACH PVT LTD. Trademarks "GrowSmart", "CrowdTeach" are protected.

Termination The license terminates automatically if you breach EULA or Terms. After termination, you must uninstall and cease all use.

Disclaimer The platform is provided "AS IS". We do not warrant uninterrupted or error-free service. Liability is limited as per Terms.

4

KYC & Fraud Prevention Policy

Identity verification, anti-fraud measures

1. Mandatory KYC

Every User must submit valid government ID (Aadhaar, PAN, Passport, Voter ID, DL) and a live photograph. For Teachers, additional qualification proofs may be required.

2. Verification Process

Automated checks + manual compliance review. The Company reserves right to reject or request fresh documents. Falsified documents will be reported to law enforcement (BNS cybercrime sections).

3. Fraud Monitoring & Actions

We use AI risk scoring and manual investigation. Fraud, impersonation, payment scams, or platform misuse results in permanent ban, forfeiture of subscription, and referral to cybercrime units (CERT-In, local police).

4. Data Retention

KYC records retained for 5 years after account closure or as mandated by Indian law. Data deletion requests can be submitted after retention period.

Compliance Contact: contact@gogrowsmart.com – for KYC & fraud reporting.

5

Refund & Payment Terms

Subscription & direct payment policies

A. Direct Payments (Student ↔ Teacher) All payments for lessons are made directly. Company does not handle, guarantee, or refund these payments. Any dispute must be resolved between Users.

B. Subscription Fees (paid to Company) Subscriptions are non-refundable except: (i) cancellation within 24 hours of purchase with no usage; (ii) verified platform downtime exceeding 72 consecutive hours. No partial refunds for dissatisfaction.

Refund Process Eligible claims must be sent to contact@gogrowsmart.com with transaction ID and reason. Approved refunds processed within 14 business days via original payment method.

Chargebacks Unauthorized chargebacks may lead to account termination.

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User Conduct & Community Guidelines

Respect, safety, and prohibited actions

Respectful Communication Harassment, hate speech, bullying, sexual content, threats, or discrimination is forbidden. Violations may result in immediate ban and legal reporting.

Prohibited Activities Fraud, impersonation, sharing malicious links, sending spam, attempting to circumvent KYC, or misusing platform features.

Reporting Violations Users can report through in-app flag or email contact@gogrowsmart.com. The Company investigates and may involve cybercrime authorities if criminal acts (BNS fraud/impersonation) are detected.

Any illegal conduct (online fraud, cheating, identity theft) will be reported to Indian Computer Emergency Response Team (CERT-In) and local police cyber cell.

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Dispute Resolution & Arbitration Policy

Binding arbitration, grievance mechanism

Informal Resolution Contact support at contact@gogrowsmart.com – we will attempt to resolve within 7 business days.

Arbitration Agreement Any unresolved dispute (including user-company or related to platform use) shall be referred to sole arbitration under Arbitration & Conciliation Act, 1996. Seat: Siliguri, West Bengal, India. Language: English. Arbitrator appointed mutually. The award is final and binding.

Exceptions Either party may seek injunctive relief from courts for IP violation or urgent relief. For all other claims, arbitration is exclusive.

Grievance Officer (IT Act) Grievance Officer: Grievance Officer, email: contact@gogrowsmart.com, address: Siliguri, West Bengal. Response within 1 business day for complaints under IT Rules, 2021.

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Annexures & Legal References

Supporting documents & procedural templates

Annexure A – Key legal definitions (Indian Laws)

IT Act, 2000 – cybercrime, electronic records.
BNS, 2023 – fraud, impersonation (Section 318, 319, cyber offences).
SPDI Rules, 2011 – sensitive personal data handling.

Annexure B – GDPR Data Processing Agreement (excerpt)

Processor obligations: SCCs, data breach notification within 24h, sub-processor approval, data minimization. Full DPA available on request.

Annexure C – Cybercrime reporting process (BNS & CERT-In)

Upon confirmed fraud: evidence preservation → report to local cybercrime unit & CERT-In → cooperate for prosecution.

Annexure D – Sample Arbitration clause

All disputes arising under these Terms shall be resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, seated in West Bengal, India.

Note: Users may submit data subject requests or KYC updates via contact@gogrowsmart.com. All official notices shall be sent to registered email.

Terms & Legal Framework