About these Terms
These Terms of Service (“Terms”) form a binding agreement between BrandMiz Private Limited (“BrandMiz”, “we”, “us”), a company incorporated in India, and the institute, business or person that creates a MizEdu account (“Customer”, “you”).
If you accept these Terms on behalf of an institute or organisation, you confirm that you are authorised to bind it. If you do not agree, do not use the Service.
These Terms are an electronic record under the Information Technology Act, 2000 and the rules made under it, and do not require a physical or digital signature.
Definitions
- Service — the MizEdu web application, installable app, APIs, website and related support and onboarding services.
- User — any person you allow to access the Service under your account, such as your staff, counsellors and administrators.
- Customer Data — all data you or your Users upload to or create in the Service, including personal data of students, parents/guardians and enquirers.
- Plan — the subscription plan you select (Free or Pro) with its features and limits as shown on our Pricing page or in an order form.
- Billing Period — the monthly or yearly period for which you have paid.
Accounts and Users
- You must be at least 18 years old and provide accurate, current information when you sign up and keep it updated.
- You are responsible for everything done under your account, for the Users you invite, the roles and branch access you give them, and for keeping sign-in credentials confidential.
- Each User must have their own login. Sharing logins is not permitted.
- Tell us promptly at support@mizup.app if you suspect unauthorised access to your account.
Free plan
Institutes may use the Free plan of the Service without charge, with the features and limits described on our Pricing page (currently one branch, up to two Users, manual lead entry and CSV upload). Features marked “Pro” are visible but locked on the Free plan. The Free plan is provided “as is”. We may change the Free plan’s features or limits with at least 30 days’ notice.
Plans, fees and taxes
- Fees for each Plan are shown on our Pricing page or in your order form, in Indian rupees, and are exclusive of Goods and Services Tax (GST), currently 18%, and any other applicable taxes, which are added at checkout.
- Fees are payable in advance for each Billing Period through our payment partner Razorpay. Pro is priced per User per month and may be bought for monthly, quarterly, 6-month or 12-month Billing Periods; longer periods carry the discount shown on the Pricing page. We issue a GST-compliant tax invoice for every payment; add your GSTIN in Plan & Billing to have it shown on the invoice.
- Your Plan continues for each successive Billing Period unless you cancel. If a renewal fee is not paid, we may suspend access after giving you notice.
- We may change our prices by giving at least 30 days’ notice. New prices apply from your next Billing Period.
- The number of Users on a Pro subscription is the number you pay for. To add Users, buy additional Users from Plan & Billing; reductions apply from the next Billing Period.
- Refunds and cancellations are governed by our Refund & Cancellation Policy.
Customer Data and your responsibilities
You own your Customer Data. For personal data in Customer Data, you are the Data Fiduciary under the Digital Personal Data Protection Act, 2023 (“DPDP Act”) and we process it as your Data Processor only to provide the Service and on your documented instructions, as set out in our Data Processing Addendum.
You are responsible for:
- having a lawful basis, including valid consent where required, to collect Customer Data and to contact students and parents by phone, WhatsApp, SMS and email;
- obtaining verifiable consent of a parent or lawful guardian before processing personal data of a child (a person under 18), as required by section 9 of the DPDP Act;
- giving the notices required by law to the people whose data you upload;
- complying with the WhatsApp Business Messaging and Commerce policies, the Telecom Commercial Communications Customer Preference Regulations (including DLT registration for SMS) and other laws that apply to your communications;
- the accuracy and lawfulness of fee plans, offers and other content you create in the Service.
Our responsibilities
- We will provide the Service with reasonable skill and care, in line with the description of your Plan.
- We will maintain reasonable security safeguards to protect Customer Data, as described on our Security page.
- We will not access Customer Data except to provide the Service, to give support you request, to prevent or address security or technical problems, or where required by law.
- We will not sell Customer Data or use it to advertise to your students.
Acceptable use
You and your Users must follow our Acceptable Use Policy. In particular, you must not use the Service to send unsolicited or unlawful messages, upload unlawful content, or attempt to breach the security of the Service.
Third-party services
The Service connects with services operated by others — for example WhatsApp Business Platform (Meta), Google, Razorpay, SMS and email providers and telephony providers. Your use of those services is governed by their own terms and charges, which you accept directly with them. We are not responsible for the availability, acts or omissions of third-party services, or for charges they levy, but we will help you troubleshoot connections.
Fees your students pay to your institute through payment links in MizEdu are collected by your payment gateway account. Your institute is the merchant for those payments and is responsible for its own fee, refund and cancellation terms to students.
Intellectual property
We (and our licensors) own the Service, including its software, design, documentation and the MizEdu and Miz names and logos. Subject to these Terms and payment of fees, we grant you a non-exclusive, non-transferable right for your Users to use the Service for your institute’s internal purposes during your subscription.
You must not copy, modify, reverse engineer, resell or create derivative works of the Service except as permitted by law. If you send us suggestions or feedback, we may use them without obligation to you.
Confidentiality
Each party will keep the other’s non-public business information confidential, use it only to perform under these Terms, and protect it with at least reasonable care. This does not apply to information that is public, already known, independently developed or required to be disclosed by law (with notice where lawful).
Availability and support
We aim to keep the Service available at all times but do not guarantee uninterrupted availability. We may carry out maintenance, preferably outside Indian working hours, and will try to give notice of planned downtime that is likely to affect you. Support is provided through the channels included in your Plan. Uptime commitments and service credits apply only where agreed in a signed order form.
Suspension and termination
- You may cancel a Pro subscription at any time from Plan & Billing or by writing to support@mizup.app. Pro stays active until the end of the paid Billing Period and is not renewed; your institute then continues on the Free plan.
- You may close your account at any time by writing to support@mizup.app from the account owner’s email. Export your data before you do.
- We may suspend or terminate your access if you materially breach these Terms (including non-payment or a breach of the Acceptable Use Policy) and do not fix the breach within 15 days of notice, or immediately where necessary to prevent harm, comply with law or protect the security of the Service.
- After termination you may export your Customer Data for 30 days. After that we will delete or anonymise Customer Data in line with our Data Processing Addendum, except where we must retain it by law (for example tax and invoice records).
Warranties and disclaimers
Each party confirms it has the authority to enter into these Terms. Except as expressly stated in these Terms, the Service is provided “as is” and “as available”, and we disclaim all other warranties to the extent permitted by law, including implied warranties of merchantability and fitness for a particular purpose. MizEdu is a tool to organise admissions; we do not guarantee any number of enquiries, admissions or revenue.
Limitation of liability
To the maximum extent permitted by law: (a) neither party is liable for any indirect, incidental, special, consequential or punitive loss, or for loss of profits, revenue, goodwill or data arising out of these Terms; and (b) each party’s total aggregate liability arising out of or relating to these Terms is limited to the fees paid and payable by you for the Service in the 12 months before the event giving rise to the claim. These limits do not apply to your payment obligations, a party’s indemnity obligations, or liability that cannot be limited by law.
Indemnity
You will defend and indemnify us against third-party claims arising from Customer Data, your communications to students and parents, or your breach of these Terms or applicable law. We will defend and indemnify you against third-party claims that the Service, used as permitted, infringes their intellectual property rights in India.
Governing law and disputes
These Terms are governed by the laws of India. The parties will first try in good faith to resolve any dispute by discussion for 30 days. Any dispute not so resolved shall be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Delhi, India, and the language English. Subject to the foregoing, the courts at Delhi, India have exclusive jurisdiction.
Changes to these Terms
We may update these Terms from time to time. For material changes we will give at least 30 days’ notice by email or in the app. Continued use of the Service after changes take effect means you accept them; if you do not agree, you may cancel before they take effect.
General
- Entire agreement: these Terms, together with any order form and the policies referred to here, are the entire agreement between the parties on their subject.
- Order of precedence: a signed order form prevails over these Terms where they conflict.
- Force majeure: neither party is liable for delays caused by events beyond its reasonable control.
- Assignment: you may not assign these Terms without our consent; we may assign them to an affiliate or a successor of our business with notice.
- Notices: we send notices to the account owner’s email; you send notices to admin@mizup.app.
- Severability and waiver: if any provision is unenforceable the rest remains in force; failure to enforce a right is not a waiver.
Contact
BrandMiz Private Limited
Registered office: U-179, Office No. 303, 2nd Floor, Gali No. 4, Shakarpur, East Delhi, Delhi 110092, India
CIN:
GSTIN:
Email: admin@mizup.app · Support: support@mizup.app · WhatsApp: +91 87001 39720
Related: Terms of Service · Privacy Policy · Refund & Cancellation · Delivery Policy · Cookie Policy · Acceptable Use · Data Processing · Disclaimer · Grievance Officer