Terms of Service

These Terms of Service (the “Terms”) apply to your use of tulingcreativehub.com and to the software and professional services offered under the Tuling Creative Hub brand (“Tuling”, “we”, “us”). The Tuling products are developed and licensed by Kinetixbase Lab Technologies, a proprietorship, Sector 61, Noida, Uttar Pradesh, India, which contracts through its proprietor. Maintenance and support are delivered by Tuling Creative Hub, a separate proprietorship, on behalf of Kinetixbase Lab Technologies. The party you contract with is Kinetixbase Lab Technologies.

They cover: the Tuling college products (the ERP with HCM, SIS, Financials, Campus Ops and Library, plus Alumni), Tuling CRM, Tuling LMS, the Tally Connector and BI Connect, and our professional services such as website development, marketing, HR and payroll services, and policy and workflow design.

Tuling HRMS, the product for companies, has its own Terms of Service. If you use both, each product's terms apply to that product.

If you accept these Terms for an organisation, you confirm that you are authorised to bind it. In these Terms, “you” and “Customer” mean that organisation.

Your agreement with us is made up of the documents below. If they conflict, the one higher in this list prevails.

• The Order Form, proposal or statement of work you have accepted
• The Customer Agreement (master services agreement), if you have signed one
• The Data Processing Addendum, where one has been signed
• These Terms
• The Privacy Policy and the Trust centre, which describe how we handle data and security

• Services means the hosted software, apps, integrations, support and professional services we provide to you under an Order.
• Order means an order form, proposal, quotation or statement of work accepted by you and by us.
• Customer Data means all data and content that you or your users put into the Services, including personal data of students, applicants, staff, parents and alumni.
• Authorised User means a person you allow to use the Services, such as a staff member, faculty member or student.
• Applicable Law means the laws of India in force from time to time, including those named in these Terms.
• Documentation means the guides, help pages and specifications we publish for the Services.

The Services are for institutions and businesses. You confirm that you use them for a commercial or institutional purpose and not as a consumer within the meaning of the Consumer Protection Act, 2019.

You confirm that you are legally competent to contract under the Indian Contract Act, 1872, and that the person accepting these Terms has authority to do so.

You can accept these Terms, an Order or any agreement with us electronically, by signing online, by e-sign, by clicking to accept, or by using the Services. Under the Information Technology Act, 2000, a contract formed electronically is valid and enforceable.

Electronic records of acceptance, including time, IP address and the account used, are evidence of your agreement. Where an Order or agreement requires stamp duty under Applicable Law, it is borne as that document states, and otherwise by you.

You may browse the website freely. You agree not to:

• attempt unauthorised access to our systems or to other users' data, which may also be an offence under the Information Technology Act, 2000
• scrape, probe, or overload the site in ways that impair the service
• misrepresent your identity or organisation when you submit a form
• copy our content for a competing product without our written permission

Content on the website is general information. It is not legal, tax or compliance advice for your institution.

Cookies are described in the Privacy Policy. Essential cookies are always active. Analytics cookies are used only with your consent, which you can give or decline in the cookie banner.

You are responsible for your Authorised Users, the roles you give them and everything done under your account, including by people you have asked to administer it.

• Keep sign-in details confidential, and give each person access by role, at the lowest level they need.
• Remove access promptly when someone leaves or changes role.
• Tell us without delay if you suspect unauthorised use or a security incident.
• Do not share one login between people. Each Authorised User needs their own.

We apply the security practices described on our Trust centre. You remain responsible for your own devices, networks and users' conduct.

We provide the modules, plan and quantities stated in your Order. We may improve and change the Services. We will not materially reduce the core features of a paid plan during a paid term without notice.

Implementation, training, marketing, managed HR and advisory work are scoped in a statement of work or proposal. Timelines depend on both sides doing their part, such as supplying data and approvals on time. Typical phases are on our Implementation page.

Beta, pilot or trial features may be offered as is, may change or be withdrawn, and are not covered by service levels.

Fees are those in your Order, in Indian rupees. They exclude GST and any other applicable tax, which you pay in addition at the rate in force. We issue GST-compliant invoices under the Central Goods and Services Tax Act, 2017.

Invoices are due within fifteen (15) days of the invoice date unless your Order says otherwise. If you deduct tax at source as the income tax law in force requires, you will pay us the net amount and give us the tax deduction certificate in time for us to claim the credit.

Unpaid amounts carry interest at one and a half percent (1.5%) a month, or the maximum the law allows, whichever is lower. If an amount is more than fifteen (15) days late, we may suspend the Services after written notice.

Fees paid are not refunded, including when you cancel part-way through a paid period, except where Applicable Law requires it, where your Order says otherwise, or where we charged in error, in which case we will correct the charge.

We may change prices for a renewal term by giving at least thirty (30) days' notice before the renewal.

Each Order starts on the date it states and runs for its term, and renews as it states. If it does not say, it renews for periods equal to the first term unless either side gives written notice at least thirty (30) days before renewal.

Either side may terminate an Order by written notice if the other commits a material breach and does not fix it within thirty (30) days of notice, or if the other becomes insolvent or subject to winding-up or insolvency proceedings under Applicable Law.

On termination or expiry: your right to use the Services ends; you will pay all fees due up to the end date; and, on your written request made within thirty (30) days, we will make your Customer Data available for export in a standard format. After that period we delete or anonymise it as the Data Processing Addendum or our retention practice provides, except where Applicable Law requires us to keep it.

Clauses that by their nature should survive termination, including those on fees due, confidentiality, intellectual property, liability, indemnity and disputes, continue to apply.

You own your Customer Data. You give us only the right to host, process, back up and transmit it to provide the Services, to keep them secure, and as Applicable Law requires.

For personal data in the Customer Data, you are the Data Fiduciary and we act as your Data Processor under the Digital Personal Data Protection Act, 2023 and the rules made under it, as in force from time to time. You are responsible for having a lawful basis, notices and valid consent for the data you put into the Services, including for students, applicants, parents, staff and alumni, and for children's data where the law requires verifiable consent.

• We process personal data only on your documented instructions, which are these Terms, your Order and your use of the Services.
• We keep reasonable security safeguards to prevent personal data breaches, as described in the Trust centre, and follow the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 where they apply.
• We tell you without undue delay if we become aware of a personal data breach affecting your Customer Data, with the information you need to meet your own reporting duties.
• We help you respond to requests from data principals, such as access, correction and erasure, as far as the Services allow.
• We use sub-processors, including Tuling Creative Hub for maintenance and support, only with appropriate written terms, and we keep production data in India-region infrastructure for the college products.

Further detail is in the Privacy Policy, the Trust centre and, where signed, the Data Processing Addendum.

You and your Authorised Users must not use the Services to:

• break Applicable Law, or upload content that is unlawful, defamatory, obscene, infringing, or that violates anyone's privacy
• process personal data without a lawful basis, or misuse student, staff or applicant data
• send unsolicited or non-consented messages, or messages that break telecom and messaging regulations
• attempt to breach, test or disrupt the security of the Services without our written permission
• reverse engineer, copy, resell or sublicense the Services, except as these Terms allow
• upload malware or content that could harm the Services or other customers
• exceed the usage limits or user counts in your Order

We may remove content or suspend access to stop a breach of this clause, and we will tell you when we do unless the law stops us.

The Services, software, Documentation, designs, trade names and logos, including “Tuling”, belong to Kinetixbase Lab Technologies, Tuling Creative Hub or their licensors, and are protected by the Copyright Act, 1957, the Trade Marks Act, 1999 and other law. We give you a limited, non-exclusive, non-transferable right to use the Services during your term, only for your own internal institutional or business purposes.

We do not transfer any ownership of our software to you. Custom deliverables, if any, belong to whoever your Order says, and where it is silent, we keep ownership of the underlying software and you receive a licence to use the deliverable.

If you give us suggestions or feedback about the Services, we may use them without obligation to you.

Each side will keep the other's confidential information secret, use it only for the purpose it was shared, and share it only with people who need it and are bound to keep it confidential.

This does not cover information that is public through no fault of the recipient, that the recipient already lawfully had or developed independently, or that the recipient must disclose by law, court order or a regulator's direction, in which case the recipient will, where permitted, tell the other side first.

These duties continue for three (3) years after the end of the agreement, and for as long as the information remains a trade secret.

The Services work with third-party services such as payment gateways, email, SMS and WhatsApp providers, biometric devices, TallyPrime, Power BI and e-sign providers. Their own terms and prices apply, and you authorise any integration you turn on.

You are responsible for registrations that Applicable Law or providers require for your messaging, such as sender IDs and message templates under TRAI regulations, and for getting consent from the people you contact.

We are not responsible for failures of third-party services, but we will help you resolve them where we can.

We aim for high availability of production services. Maintenance and support are delivered by Tuling Creative Hub on behalf of Kinetixbase Lab Technologies, through the channels and hours in your Order. Planned maintenance is announced in advance where we can. Service credits, if any, are set out in your Order or Customer Agreement.

We are not responsible for downtime or errors caused by your networks, devices or users, by third-party services, by your changes, or by events outside our reasonable control.

The Services include tools for statutory and regulatory work, such as payroll compliance, DPDP consent, POSH, NAAC and UGC reporting. We update statutory settings as the law changes and show their source, but the rules are set by the government and regulators and change over time.

You remain responsible for your own compliance decisions, for checking outputs before you rely on them, such as payroll, statutory returns, fee receipts and accreditation submissions, and for your policies and filings. Nothing on our website or in the Services is legal, tax or accounting advice. Take professional advice for your situation.

We will provide the Services with reasonable skill and care and substantially as described in the Documentation. Each side confirms that it has the authority to enter into the agreement.

Except as stated in these Terms or your Order, and to the extent Applicable Law allows, the Services and the website are provided “as is”, and we disclaim all other warranties, including fitness for a particular purpose and that the Services will be uninterrupted or error-free.

To the maximum extent Applicable Law allows, neither side is liable to the other for indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings, however caused.

Each side's total liability to the other for all claims arising from an Order is limited to the fees you paid or owed for the Services under that Order in the twelve (12) months before the event giving rise to the claim.

These limits do not apply to liability that cannot be limited by law, to fraud or wilful misconduct, to a party's indemnity obligations, to breach of confidentiality, or to your duty to pay fees.

The parties agree that the limits in this clause are a reasonable pre-estimate of the risk allocated between them, having regard to sections 73 and 74 of the Indian Contract Act, 1872.

By Tuling. We will defend you against a third-party claim that the Services, used as these Terms allow, infringe that party's Indian intellectual property rights, and pay the damages and costs a court finally awards or that we agree in settlement. This does not apply to claims caused by your data, your changes, or combining the Services with things we did not supply. If a claim is likely, we may modify the Services, obtain a right to continue, or end the affected Order and refund prepaid fees for the unused period.

By you. You will defend us against a third-party claim arising from your Customer Data, your breach of Applicable Law, your breach of the acceptable use clause, or your users' unlawful conduct, and pay the damages and costs a court finally awards or that you agree in settlement.

The indemnified side must tell the other promptly of the claim, let it control the defence and settlement, and give reasonable help at the other's cost.

We may suspend access to all or part of the Services, with notice where practical, if you are more than fifteen (15) days late with undisputed fees, if the Services or other customers are at risk because of your use or a security incident, or if the law or a government or court direction requires it. We will restore access promptly once the reason is resolved.

Neither side is liable for delay or failure caused by events beyond its reasonable control, which make performance impossible or unlawful, such as natural disaster, epidemic, war, riot, fire, government action or order, failure of public power, telecom or cloud networks, or strikes not limited to that party's own workforce, in line with section 56 of the Indian Contract Act, 1872. This does not excuse payment of fees already due.

The affected side will tell the other promptly and take reasonable steps to resume. If the event continues for more than sixty (60) days, either side may end the affected Order on written notice.

These Terms and any dispute under them are governed by the laws of India.

If a dispute arises, the parties will first try to resolve it by good-faith discussion between senior representatives for thirty (30) days after one gives written notice of the dispute.

If it is not resolved, it will be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator jointly appointed by the parties (or, failing agreement within thirty (30) days, appointed under that Act). The seat and venue of arbitration is Noida, Uttar Pradesh, the language is English, and the award is final and binding.

Subject to the above, and for interim relief and enforcement of an award, the courts at Noida (Gautam Buddh Nagar), Uttar Pradesh have exclusive jurisdiction, unless your Order names a different venue.

Our Grievance Officer, as the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and the Digital Personal Data Protection Act, 2023 require, is Shikha Saini, Kinetixbase Lab Technologies (Tuling Creative Hub), Sector 61, Noida, Uttar Pradesh, India. Write to support@tulingcreativehub.com with the subject “Grievance”. We acknowledge a complaint within two working days and reply with a decision within one month, or sooner where the law requires.

Formal notices to us go in writing to the address above, with a copy by email to sales@tulingcreativehub.com. We may give you notice by email to the contact on your account, or through the Services.

We may update these Terms. We will post the new version here with its version number and effective date. For customers with an active Order, we will give at least thirty (30) days' notice of a change that materially reduces your rights, by email or in the Services, and the change applies from your next renewal unless you agree sooner.

Using the website after a change means you accept it. Your Order and Customer Agreement can be changed only in writing signed by both sides.

• Entire agreement. The documents in the order above are the whole agreement and replace earlier discussions about the same subject.
• Severability. If a part is unenforceable, the rest continues, and the part is replaced by the nearest enforceable term.
• Assignment. You may not assign your rights without our written consent. We may assign to an affiliate or a successor to the business on notice to you.
• No waiver. Not enforcing a right is not giving it up.
• No partnership. The parties are independent. There is no agency, partnership or joint venture.
• Counterparts. An agreement may be signed in counterparts and electronically.
• Language. These Terms are in English. Any translation is for convenience.

Legal and contract questions: sales@tulingcreativehub.com
Support: support@tulingcreativehub.com
Kinetixbase Lab Technologies · Sector 61, Noida, Uttar Pradesh, India