Preamble and Recitals
WHEREAS, BuoyantWave Learning Technologies LLP (hereinafter referred to as the “Company”, “we”, “us”, or “our”), a limited liability partnership duly incorporated under the laws of India, having its registered office at 235, 2nd Floor, 13th Cross Road, Indiranagar II Stage, Hoysala Nagar, Indiranagar, Bengaluru, Karnataka 560038, operates the Bodhaka BrightChalk platform (the “Platform”), an AI-powered online learning service designed exclusively for students in Classes 6 to 12 in India;
WHEREAS, the Platform integrates curriculum-aligned learning with the NCERT syllabus through interactive modules including Ask Bodhaka (conversational AI tutor), Equation Solver (step-by-step mathematics and science problem-solving), Guided Discovery (Socratic, inquiry-driven learning), and Project Guide (hands-on project mentoring), while incorporating advanced safety technologies such as AI vision NSFW pre-upload filtering, a two-level AI image safety filter for dynamically fetched Creative Commons/public-domain imagery, and Retrieval-Augmented Generation (RAG) for NCERT-aligned knowledge without any reproduction or redistribution of copyrighted material;
WHEREAS, the primary users of the Platform are minors, making child safety, verifiable parental consent under the Digital Personal Data Protection Act, 2023 (“DPDP Act”), due diligence under the Information Technology Act, 2000 and its Rules 2021 (“IT Act”), and alignment with the safety principles of the Protection of Children from Sexual Offences Act (“POCSO Act”) fundamental to every operational and legal decision;
WHEREAS, the Company acts solely as an intermediary under Section 79 of the IT Act with respect to third-party content dynamically retrieved or processed through automated systems, and deploys industry-standard automated safety filters in good faith as reasonable precautions;
NOW, THEREFORE, by accessing, registering for, or using the Platform in any manner whatsoever (including through any web, mobile, or future interface), you (the “User”, which includes both the Student and the Parent/Guardian where applicable) expressly acknowledge, agree, and covenant that you have carefully read, fully understood, and unconditionally accepted these Terms of Service (“Terms”) in their entirety. If you are a parent or legal guardian (“Parent”) registering or consenting to a minor Student’s use, you represent and warrant that you possess full legal authority to bind both yourself and the Student to these Terms, that you have provided verifiable parental consent through the Company’s third-party KYC/Aadhaar mechanisms, and that you accept full responsibility for the Student’s compliance with these Terms.
1.Definitions
For the purposes of these Terms, the following terms shall have the meanings ascribed below (and all capitalized terms not otherwise defined shall be interpreted consistently with the recitals above and the Company’s Legal Policy Brief dated 30 April 2026):
1.1 “AI Tutor” means the conversational intelligence engine powering Ask Bodhaka, Equation Solver, Bodhaka Voice Agent and Guided Discovery modules.
1.2 “Content” includes all text, images, responses, explanations, diagrams, project ideas, and any other material displayed or generated on the Platform.
1.3 “Credits” means the prepaid, non-refundable, non-transferable virtual credits purchased by Users for access to Platform features.
1.4 “NSFW Filter” means the advanced AI vision model that scans every user-uploaded image in real time for explicit, nude, pornographic, graphically violent, harmful, or otherwise unsafe content before any storage or processing occurs.
1.5 “2-Level AI Safety Filter” means the dual independent AI layers applied to every Creative Commons or public-domain image fetched from Wikipedia or similar open repositories.
1.6 “RAG” or “Retrieval-Augmented Generation” means the proprietary internal process whereby syllabus-aligned knowledge chunks (never the original textbook text) are embedded in a private vector database and used solely as reference material to generate fresh, original explanations.
1.7 “Project Guide” means the informational mentoring feature providing age-appropriate hands-on project concepts, materials lists, and step-by-step guidance without any physical supervision or material supply by the Company.
1.8 “User-Uploaded Image” means any photograph, diagram, homework snapshot, or other visual attachment submitted by a User in any of the three core learning modules.
1.9 “Grievance Officer” means the officer designated at compliance@bodhaka.org responsible for handling all complaints under the IT Rules 2021.
2.Eligibility, Account Registration and Verifiable Parental Consent
The Platform is strictly intended for educational use by Students in Classes 6–12. No person below the age of eligibility under applicable law may use the Platform without verifiable parental consent obtained via third-party Voter ID or equivalent KYC APIs compliant with the DPDP Act. The Parent must complete the KYC verification process in full before any Student account is activated. The Company does not knowingly collect or process data from children without such consent and reserves the absolute right to suspend or terminate any account where consent cannot be verified or is suspected to have been obtained improperly (for example, through use of a sibling’s or another person’s Voter ID details without authorization).
3.Description of Services and Operational Context
The Platform provides three core learning modules and the Project Guide feature, all powered by AI and aligned with the syllabus. Ask Bodhaka serves as a conversational AI tutor that answers academic queries and may fetch Creative Commons/public-domain imagery from Wikipedia where educationally beneficial. Equation Solver accepts typed equations or User-Uploaded Images of problems and returns step-by-step solutions. Guided Discovery employs Socratic questioning to foster critical thinking and also accepts image uploads. Project Guide offers mentoring on hands-on projects with mandatory safety pre-screening. All Services operate on an “as-is” and “as-available” basis with no guarantee of uninterrupted availability or perfect accuracy.
4.User Conduct, Prohibited Activities and Platform Safety Obligations
Users covenant and agree never to upload, transmit, attempt to upload, or induce the AI to process any sexually explicit, nude, pornographic, graphically violent, harmful, self-harm-related, or otherwise unsafe imagery or content. Users further covenant not to attempt adversarial testing, filter circumvention, jailbreaking of the AI, or any conduct that could expose minors to inappropriate material. Any violation constitutes a material breach and triggers immediate account suspension, strike accumulation, and potential permanent ban.
5.User-Uploaded Image Safety – NSFW Pre-Upload Filtering (Detailed Operational Safeguards and Limitation of Liability)
Students may attach User-Uploaded Images in Ask Bodhaka, Equation Solver, and Guided Discovery solely for legitimate academic purposes (for example, a photograph of a handwritten maths problem or a diagram requiring clarification). Every single User-Uploaded Image is subjected, at the gateway and in real time, to an advanced AI vision (NSFW Filter) that scans for nudity, sexual/pornographic content, gore, weapons, violence, self-harm indicators, drugs, or any other unsafe material. If the NSFW Filter flags the image, the upload is rejected instantaneously at the gateway: the image is never written to the Company’s servers, never transmitted to any AI tutor or downstream process, and no AI-generated response based upon it is produced. Only images that clear the NSFW Filter proceed.
This pre-upload filtering constitutes a substantial, industry-standard technical precaution taken in good faith and represents the Company’s reasonable due diligence under the intermediary guidelines of the IT Act and the safety obligations of the POCSO Act. The Company expressly disclaims any and all liability for any downstream AI-generated output in the statistically rare event that an image bypasses the filter due to novel adversarial inputs or limitations inherent in automated systems. Users and Parents agree to indemnify, defend, and hold harmless the Company against any claims, losses, damages, or regulatory actions arising from any User-Uploaded Image, including but not limited to allegations of exposure to adult content or failure of the filter.
6.AI-Displayed Educational Imagery – 2-Level AI Safety Filter (Detailed Operational Safeguards and Intermediary Protection)
When the AI Tutor determines that a visual aid would materially enhance a student’s understanding of a concept (for example, a diagram of the human heart, a historical map, or a scientist’s portrait), it fetches imagery exclusively from Creative Commons-licensed or public-domain sources available on Wikipedia and similar open repositories. No copyrighted, paid, or commercial imagery is ever used. Every fetched image is subjected to a strict two-level AI safety filter: Layer 1 performs an independent classification for explicit, adult, violent, harmful, or contextually inappropriate content; Layer 2 independently re-verifies Layer 1’s decision. Both layers must affirmatively clear the image; if either layer flags it, the image is dropped entirely and the AI Tutor responds in text only.
The Company operates as a pure intermediary under Section 79 of the IT Act with respect to all such dynamically retrieved third-party content. Full safe-harbor protection is claimed. The Company further relies on fair-use and educational-purpose principles under Section 52 of the Copyright Act, 1957. Even if a medically accurate or educationally legitimate biology illustration (for example, an anatomical diagram in a Class 8 reproductive-system query) is later challenged by a Parent as inappropriate, the Company’s liability is expressly limited. Parents may raise grievances at compliance@bodhaka.org; the Company will review and respond within 72 hours (or such shorter period as required by law), offering a cure period to remove or replace the image.
7.AI Liability, Intermediary Protection and Dynamic Content Retrieval
The Company is an intermediary platform under the IT Act and does not create, author, endorse, or guarantee the accuracy or appropriateness of any third-party content dynamically retrieved via RAG or Wikipedia APIs. The Platform maintains comprehensive audit logs of every safety-filter decision as evidence of due diligence. To the maximum extent permitted by applicable law, the Company disclaims all liability for any educational imagery, AI-generated responses, or retrieved content, including claims under child-safety laws, even in the event of an anatomically explicit image appearing in response to a benign biology query.
8.Credits, Billing, Subscriptions and Strict Non-Refundable Policy
8.1 All credits purchased by Users are strictly non-refundable and non-transferable. Any unused credits remaining at the end of a billing cycle or validity period shall automatically carry forward and remain available for future use, subject to the continued operation of the User’s account and compliance with the Company’s terms and policies. Credits cannot be exchanged for cash, refunded, or transferred under any circumstances. Any attempt to obtain a refund through consumer court, chargeback, or any other mechanism contrary to this clause shall entitle the Company to recover all legal costs, fees, and damages on an indemnity basis.
8.2 Per-Student Subscriptions and Recurring Mandate Identifier. The Parent may, at the Parent’s sole discretion, elect to purchase a recurring paid subscription (such as the Focus or Mastery plan) for one or more Student accounts under the Parent’s family. The Parent acknowledges and expressly agrees that, in order for the Company’s payment processor’s recurring-payment infrastructure (UPI AutoPay, e-mandate, card-on-file, or any equivalent recurring rail) to register a distinct mandate per Student — and not refuse the second or third sibling’s subscription on the ground that an active mandate already exists for the same payer-and-instrument combination — the Company is required to, and is hereby expressly authorised by the Parent to, transmit to the payment processor at the time of subscription creation the email address associated with the specific Student account for which that subscription is being purchased. This email address is the same address the Student uses to sign in to the Platform and was provided by the Parent at the time the Student account was created.
8.3 The Parent further acknowledges and agrees that: (a) only the Student’s email address is transmitted by the Company for the purpose described in Clause 8.2, and no Student mobile phone number, date of birth, residential address, academic record, learning interaction data, or any sensitive personal data is transmitted by the Company to the payment processor for that purpose; (b) the Parent remains, at all times, the contracting party in respect of the subscription, the payer of the subscription fee, and the sole person legally and financially liable for the subscription and any chargebacks, disputes or recoveries arising therefrom, notwithstanding that the Student’s email address appears on the payment processor’s records as the “notify” or customer-prefill identifier for that subscription; (c) any contact mobile number entered on the payment processor’s checkout interface during subscription purchase is entered by the Parent directly into that interface (not transmitted by the Company) and is intended by the Parent to be the Parent’s own contact number for receipt of payment notifications; and (d) the Parent’s acceptance of these Terms, together with the Parent’s act of proceeding through the subscription checkout for a particular Student, shall constitute the Parent’s informed, specific, and freely given authorisation under the Digital Personal Data Protection Act, 2023 for the limited cross-border or domestic transmission of that Student’s email address to the payment processor for the purpose described in Clause 8.2, and a corresponding instruction under the verifiable parental consent already on record for that Student.
8.4 If the Parent does not wish for the relevant Student’s email address to be transmitted to the payment processor on the terms set out in Clauses 8.2 and 8.3, the Parent’s sole and exclusive remedy is to refrain from purchasing a recurring subscription for that Student, in which case the Student account shall continue to operate on the free default plan. The Company shall not be liable for any inability to register, renew, or activate a recurring subscription for any Student where the Parent declines to authorise the transmission described in this Clause 8.
9.Communications and Official Notices
All official communications, academic schedules, timetable changes, platform updates, credit expiry notices, and safety alerts are transmitted exclusively through the secure Platform dashboard. The Company does not, and shall not, send official notices via WhatsApp, SMS, email, or any external messaging application. Users and Parents expressly agree not to rely upon any external channel and acknowledge that failure to check the dashboard regularly is at their sole risk.
10.Project Guide – Hands-On Activities, Chemicals, Electrical Appliances and Physical Risk Disclaimer (Widest Possible Liability Shield)
Project Guide is provided solely as informational mentoring and educational guidance. The Company does not supply any physical materials, does not supervise any activities, and assumes no duty of care whatsoever for the physical execution of any project. Any project involving chemicals (even mild household varieties), electrical appliances (even battery-powered), heat sources, sharp tools, or any other inherent risk must be vetted and directly supervised by a qualified teacher or a consenting adult Parent/Guardian. This requirement is non-negotiable.
Before any such project details are revealed, the User must acknowledge a mandatory on-screen warning that explicitly states the supervision requirement. The acknowledgement is legally binding on both the Student and the Parent. The Company runs an automated safety pre-screening on every project suggestion to block high-risk activities (strong acids/bases, explosives, high-voltage circuits, open flames, firearms, etc.). Notwithstanding this pre-screening, the Company disclaims all liability for any injury, burn, shock, fire, poisoning, allergic reaction, property damage, or any indirect/consequential harm whatsoever. The Parent expressly indemnifies and holds harmless the Company if the Student attempts any project without proper supervision. This entire clause constitutes the Company’s reasonable precautions under the IT Act, POCSO Act, and safe-harbor provisions of the Consumer Protection Act for information-only services.
11.Intellectual Property Ownership and User License
All Platform content, AI models, interfaces, proprietary curriculum materials, and the internal knowledge base are the exclusive property of the Company or its licensors. Users are granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable license solely for personal, non-commercial educational use during the term of their subscription. Any reverse engineering, commercial exploitation, scraping, or derivative work creation is strictly prohibited.
12.Comprehensive Limitation of Liability and Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY INACCURACIES, HALLUCINATIONS, OUTDATED INFORMATION, OR EDUCATIONAL OUTCOMES RESULTING FROM AI OUTPUT OR RETRIEVED CONTENT. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY THE USER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, ACADEMIC FAILURE, OR EMOTIONAL DISTRESS. INTERMEDIARY SAFE-HARBOR PROTECTIONS UNDER THE IT ACT ARE EXPRESSLY INVOKED FOR ALL DYNAMICALLY RETRIEVED OR AI-GENERATED CONTENT.
13.Indemnification Obligations
Each User and Parent agrees to indemnify, defend, and hold harmless the Company, its partners, officers, employees, agents, and successors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (i) breach of these Terms, (ii) any User-Uploaded Image or Content, (iii) misuse of the AI systems or safety filters, (iv) any physical harm from Project Guide activities, (v) violation of any law including the POCSO Act or IT Rules, or (vi) any allegation that the Company facilitated exposure to inappropriate material despite its documented safety processes.
14.Grievance Redressal Mechanism
The Company has designated a Grievance Officer reachable at compliance@bodhaka.org. All grievances (including content, image, safety, or copyright complaints) will be acknowledged within twenty-four (24) hours and resolved within fifteen (15) days in accordance with the IT Rules 2021. For copyright or attribution disputes involving Creative Commons imagery, the Company provides a seventy-two (72)-hour cure period to correct credits or remove the disputed image.
15.Termination, Suspension and Survival
The Company may suspend or terminate any account immediately and without notice for any violation of these Terms, repeated safety-filter triggers, or legal requirements. Upon termination, all credits expire and no refunds are issued. Sections 5, 6, 7, 8, 10, 12, 13, 16 and 17 survive termination.
16.Governing Law, Jurisdiction and Dispute Resolution
These Terms shall be governed exclusively by the laws of India without regard to conflict-of-laws principles. Any dispute, controversy, or claim arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the competent courts of Bengaluru, Karnataka. The parties agree to first attempt amicable resolution through mediation before litigation.
17.Miscellaneous Provisions
These Terms constitute the entire agreement between the parties and supersede all prior understandings. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force. No waiver of any breach shall constitute a waiver of any subsequent breach. The Company may update these Terms with reasonable notice via the Platform dashboard; continued use constitutes acceptance. These Terms are not assignable by Users without the Company’s prior written consent but may be assigned by the Company in connection with a corporate transaction.