These Terms of Service (hereinafter referred to as the "Terms" or this "Agreement") constitute a legally binding agreement between the individual accessing or using the Platform (hereinafter referred to as the "User" or "You") and LearnCurve Systems Pvt Ltd, a company duly incorporated under the provisions of the Companies Act, 2013, having its registered office in Gurugram, Haryana, India (hereinafter referred to as the "Company", "We", "Us", or "Our").
By creating an account on, accessing, or otherwise making use of the Testogram mobile application, web application, or any related services, features, content, or functionality offered by the Company (collectively, the "Platform"), the User acknowledges that they have read, understood, and agree to be bound by these Terms in their entirety. If the User does not agree to any provision of these Terms, the User must immediately discontinue all use of the Platform.
The Company reserves the right, at its sole and absolute discretion, to modify, amend, supplement, or replace these Terms at any time. Material changes shall be communicated to Users via in-app notification and/or electronic mail at least thirty (30) days prior to such changes taking effect. The User's continued use of the Platform following the effective date of any such modifications shall constitute the User's acceptance of and agreement to the revised Terms. It is the User's responsibility to review these Terms periodically.
The Platform is an educational technology service designed to assist Users in their preparation for competitive examinations. The Platform provides, without limitation, the following features and functionalities:
The Platform may additionally incorporate gamification elements, rewards programmes, achievement systems, and social features. The availability, rules, mechanics, and value of such elements are determined solely by the Company and may be modified, suspended, or discontinued at any time without prior notice to the User.
The Platform is provided solely as a supplementary study aid. The Company makes no representations, warranties, or guarantees, whether express or implied, regarding the User's examination results, scores, rankings, or academic outcomes. The Platform does not provide video content, live classes, or direct tutoring services.
In order to access and utilise the features of the Platform, the User must create an account by providing accurate, current, and complete information as requested during the registration process, including but not limited to the User's name, email address, and telephone number. The User represents and warrants that all information provided is truthful and accurate.
The User must be at least thirteen (13) years of age to create an account. Users between the ages of thirteen (13) and eighteen (18) must obtain the express consent of a parent or legal guardian prior to registration. By permitting a minor to use the Platform, the parent or legal guardian agrees to be bound by these Terms on the minor's behalf and assumes full responsibility for the minor's use of the Platform.
The User is solely responsible for maintaining the confidentiality and security of their account credentials, including but not limited to their password and any authentication tokens. The User agrees to:
Each individual is permitted to maintain only one (1) Testogram account. The creation of multiple accounts by a single individual, whether for the purpose of exploiting free tier limitations, promotional offers, rewards programmes, or for any other reason, constitutes a material violation of these Terms and may result in the immediate suspension or permanent termination of all associated accounts without prior notice.
The Platform offers various subscription tiers, including a free tier with limited functionality and one or more premium tiers with enhanced features and access. Subscription fees are as displayed within the Application at the time of purchase and may be revised from time to time at the sole discretion of the Company. The Company reserves the right to introduce, modify, or retire subscription plans at any time. Pricing may vary by examination category or geographic region as determined by the Company.
All monetary transactions are processed securely through Razorpay, a PCI-DSS compliant third-party payment gateway. The Company accepts payment methods as supported and made available through Razorpay, which may include Unified Payments Interface (UPI), debit cards, credit cards, net banking, and other electronic payment methods. All prices are denominated in Indian Rupees (INR) and are inclusive of applicable taxes unless expressly stated otherwise. The User acknowledges that the Company does not directly process, store, or have access to complete payment card details, which are handled exclusively by Razorpay in accordance with its own terms of service and privacy policy.
The Platform may offer virtual currencies or credits ("Virtual Currency") subject to terms displayed within the Application. Virtual Currency has no cash value, is non-transferable, non-refundable, and is not redeemable for legal tender or any form of monetary compensation. Virtual Currency is governed by the policies displayed in the Application at the time of issuance.
The Company reserves the right to modify, suspend, or discontinue any Virtual Currency programme, including but not limited to the terms of issuance, expiration, redemption, and conversion rates, at any time without prior notice. The User acknowledges that Virtual Currency constitutes a limited, revocable licence granted by the Company and does not represent any form of property interest.
All unused Virtual Currency balances shall be permanently forfeited upon account deletion or termination, regardless of the reason for such deletion or termination. No compensation, refund, or restitution of any kind shall be provided for forfeited Virtual Currency.
Refund eligibility shall be determined in accordance with the Company's Refund Policy as published within the Application. Refund requests must be submitted within the applicable eligibility period as specified in the then-current Refund Policy. The Company reserves the right to modify its Refund Policy at any time. All refund decisions shall be at the sole discretion of the Company and shall be final and binding.
Notwithstanding the foregoing, the User acknowledges and agrees that:
The User agrees to use the Platform solely for lawful purposes and in accordance with these Terms. Without limiting the generality of the foregoing, the User shall not, and shall not attempt to:
Any violation of this Section may result in the immediate suspension or termination of the User's account, forfeiture of all Virtual Currency and subscription benefits, and may subject the User to civil and/or criminal liability.
All content available on or through the Platform — including but not limited to questions, explanations, educational content, learning paths, visual designs, user interface elements, graphics, logos, trademarks, service marks, trade names, software code, algorithms, and underlying technology — is the exclusive intellectual property of LearnCurve Systems Pvt Ltd or its licensors and is protected under the Indian Copyright Act, 1957, the Trade Marks Act, 1999, the Patents Act, 1970, and applicable international intellectual property treaties and conventions.
Subject to the User's compliance with these Terms, the Company grants the User a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform and its content solely for the User's personal, non-commercial educational purposes. This licence does not convey any ownership interest in or to the Platform or its content.
The User retains ownership of any personal data provided to the Platform. By using the Platform, the User grants the Company a worldwide, royalty-free, non-exclusive licence to use, process, store, and analyse the User's data as described in the Company's Privacy Policy and as reasonably necessary for the provision, improvement, and development of the Platform and its services.
The Company reserves the right, at its sole and absolute discretion, to suspend, restrict, or permanently terminate the User's account and access to the Platform, with or without prior notice, if the Company determines, in its sole judgement, that the User has:
Upon termination for cause, all unused Virtual Currency balances, rewards, and any remaining subscription period shall be immediately forfeited without refund, compensation, or restitution of any kind.
The User may request deletion of their account at any time through the account settings within the Application or by contacting the Company at privacy@testogram.com. Account deletion is subject to a grace period as described in the Company's Account Deletion policy. The User acknowledges that upon account deletion, all Virtual Currency, rewards, and subscription benefits shall be permanently forfeited.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Without limiting the generality of the foregoing:
The User agrees to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, affiliates, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or relating to:
This indemnification obligation shall survive the termination or expiration of these Terms and the User's use of the Platform.
These Terms shall be governed by, construed, and enforced in accordance with the laws of the Republic of India, without regard to its conflict of laws principles.
Prior to initiating any formal dispute resolution proceedings, the parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the User's use of the Platform through good-faith negotiation for a period of not less than thirty (30) days from the date written notice of the dispute is provided by one party to the other.
If the dispute cannot be resolved through informal negotiation within the thirty (30) day period, either party may refer the dispute to binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties, or in the absence of mutual agreement, appointed in accordance with the provisions of the said Act. The seat and venue of arbitration shall be Gurugram, Haryana, India. The language of the arbitration shall be English. The arbitrator's award shall be final and binding upon both parties and may be entered as a judgement in any court of competent jurisdiction.
Subject to the arbitration provisions set forth herein, any legal proceedings arising out of or relating to these Terms or the User's use of the Platform that are not subject to arbitration shall be subject to the exclusive jurisdiction of the competent courts located in Gurugram, Haryana, India. The User hereby irrevocably consents to the personal jurisdiction and venue of such courts.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE USER AGREES THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. THE USER HEREBY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST THE COMPANY.
If any provision of these Terms, or the application thereof to any person or circumstance, is held by a court of competent jurisdiction or arbitral tribunal to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability shall not affect the remaining provisions of these Terms, which shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to render it valid and enforceable while preserving the original intent of the parties to the greatest extent possible.
These Terms, together with the Privacy Policy, Account Deletion Policy, and any other policies, guidelines, or supplemental terms expressly referenced herein or published on the Platform, constitute the entire agreement between the User and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous negotiations, discussions, agreements, understandings, representations, and warranties, whether written or oral, relating to such subject matter.
The failure or delay of the Company to exercise or enforce any right, remedy, or provision of these Terms shall not constitute a waiver of such right, remedy, or provision. A waiver of any right or provision shall be effective only if made in writing and signed by a duly authorised representative of the Company, and such waiver shall apply solely to the specific instance and for the specific purpose for which it was given.
The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond the Company's reasonable control, including but not limited to acts of God, natural disasters, epidemics, pandemics, war, terrorism, civil unrest, government actions or restrictions, power failures, internet or telecommunications failures, cyberattacks, labour disputes, or any other force majeure event. During any such event, the Company's obligations shall be suspended for the duration of the force majeure condition.
The User may not assign, transfer, delegate, or sublicence any of their rights or obligations under these Terms without the prior written consent of the Company. The Company may freely assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, to any affiliate, subsidiary, successor entity, or in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of its assets, without the User's consent and without prior notice.
All notices, requests, demands, and other communications required or permitted under these Terms shall be deemed to have been duly given and received: (a) when delivered by electronic mail to the User's registered email address on file with the Company; or (b) when made available through an in-app notification within the Platform. The User is responsible for ensuring that their registered email address is current and accurate. It is the User's responsibility to regularly review notices provided through the Platform.
For any questions, concerns, or inquiries regarding these Terms or the Platform, the User may contact the Company through the following channels: