Terms of Service - GradSurge

1. Acceptance of Terms

1.1 Agreement to Terms

By accessing, browsing, or using the Gradsurge platform (the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Service.

1.2 Legal Capacity

You represent and warrant that:

You are at least 13 years old (16 in the EU)
If under 18, you have parental/guardian consent
You have the legal capacity to enter into binding agreements
Your use of the Service will not violate any applicable laws
All information provided is accurate and truthful

1.3 Entity Accounts

If using the Service on behalf of an organization:

You represent that you have authority to bind such entity
References to "you" include the entity and its users
Entity is responsible for all user actions under its account

2. Description of Service

2.1 Platform Overview

Gradsurge provides an AI-powered study abroad guidance platform offering:

Core Features:

Personalized course and university recommendations
AI-powered resume and SOP evaluation tools
Comprehensive scholarship matching and finder
Application tracking and reminder systems
Adaptive test preparation planning (GRE, TOEFL, IELTS)
Career fit analysis and personality assessments

Database Scope:

10,000+ global universities and institutions
2,000+ scholarships and funding opportunities
Comprehensive course catalogs and requirements
Real-time application deadlines and updates

2.2 Service Tiers

Free Tier:

Basic university search and filtering
Limited AI recommendations (5 per month)
Basic resume scoring
Standard scholarship matches
Application deadline reminders

Premium Tier:

Unlimited AI-powered recommendations
Advanced resume and SOP evaluation
Priority scholarship matching
Detailed admission chance predictions
One-on-one counselor sessions (future feature)
Premium test preparation materials

2.3 Beta and Experimental Features

Some features may be in beta or experimental phases
Beta features may be subject to bugs, limitations, or changes
We reserve the right to modify or discontinue beta features without notice
User feedback on beta features is encouraged but not guaranteed to be implemented

3. User Accounts and Registration

3.1 Account Creation

Registration Requirements:

Valid email address and phone number
Accurate personal and academic information
Strong password meeting security requirements
Agreement to these Terms and Privacy Policy

Account Types:

Student Account: Primary users seeking study abroad guidance
Admin Account: Platform administrators with extended privileges
Counselor Account: Future feature for professional counselors

3.2 Account Security

User Responsibilities:

Maintain confidentiality of login credentials
Notify us immediately of any unauthorized access
Use strong, unique passwords and enable two-factor authentication
Log out from shared or public devices
Accept responsibility for all activities under your account

Platform Security:

JWT-based authentication system
Encrypted password storage using bcrypt
Session timeout for inactive accounts
Regular security audits and monitoring

3.3 Account Restrictions

Prohibited Account Activities:

Creating multiple accounts to circumvent limitations
Sharing accounts with unauthorized users
Using automated tools to create or access accounts
Providing false or misleading information
Impersonating other individuals or entities

Enforcement Actions:

Warning notices for first violations
Temporary suspension for repeated violations
Permanent account termination for severe violations
Legal action for fraudulent or illegal activities

4. AI Services and Limitations

4.1 AI Recommendation Disclaimers

No Guarantee of Outcomes:

Gradsurge's AI systems provide recommendations and predictions based on available data and algorithms. We explicitly disclaim any guarantee regarding:

University admission success rates
Scholarship award outcomes
Test score improvement results
Career placement or job opportunities
Academic performance predictions
Visa approval or immigration success

Recommendation Accuracy:

AI predictions are probabilistic estimates, not certainties
Recommendations based on historical data and patterns
Individual results may vary significantly from predictions
External factors beyond our data may influence outcomes
Users should verify all information independently

4.2 AI System Limitations

Data Dependencies:

Recommendations only as good as input data quality
Historical bias in training data may affect outputs
Limited by available university and program information
Cannot account for all personal circumstances
May not reflect recent changes in admission criteria

Technical Limitations:

AI systems may experience downtime or errors
Model updates may temporarily affect recommendation quality
Processing times may vary based on system load
Some complex queries may not be fully supported
Beta AI features may have reduced accuracy

4.3 Human Oversight and Review

AI recommendations subject to periodic human review
Users can request human evaluation of AI decisions
Complex cases may require manual intervention
Final decisions always remain with users
Professional counselor review available in premium tiers

4.4 Algorithmic Transparency

Explanation Rights:

Users can request explanation of recommendation logic
Factors influencing AI decisions will be disclosed
Methodology documentation available upon request
Regular algorithm audits for bias and fairness
Continuous improvement based on user feedback

5. User Content and Conduct

5.1 User-Generated Content

Content Ownership:

Users retain ownership of uploaded documents and information
Gradsurge receives license to process, analyze, and provide feedback
No sale or distribution of user content to third parties
Users can delete their content at any time
Content license terminates upon account deletion

Content Standards:

All user content must:

Be original or properly attributed
Not violate any third-party rights
Comply with academic integrity standards
Be free from malicious code or harmful content
Not contain false or misleading information

5.2 Prohibited Content and Conduct

Strictly Prohibited:

Plagiarized or fraudulent academic documents
False information in applications or profiles
Copyrighted material without permission
Offensive, defamatory, or inappropriate content
Personal information of other individuals without consent
Commercial solicitation or spam content

Academic Integrity Violations:

Submitting plagiarized statements of purpose
Falsifying academic records or test scores
Creating fake letters of recommendation
Misrepresenting achievements or experiences
Attempting to circumvent plagiarism detection

Platform Abuse:

Attempting to reverse engineer AI algorithms
Overloading systems with excessive requests
Creating fake profiles or impersonating others
Interfering with other users' experience
Attempting to access unauthorized areas

5.3 Content Monitoring and Moderation

Automated plagiarism detection for all uploaded documents
AI-powered content screening for inappropriate material
Human review for flagged or reported content
Zero-tolerance policy for academic integrity violations
Right to remove content without prior notice

5.4 Reporting Violations

Reporting Process:

Email: info.gradsurge@gmail.com
In-platform reporting tools
Anonymous reporting options available
Response within 48 hours for urgent matters
Regular status updates on investigation progress

6. Payment Terms and Refunds

6.1 Premium Service Pricing

Subscription Tiers:

Monthly premium subscriptions with auto-renewal
Annual subscriptions with discount pricing
One-time purchase options for specific services
Student discounts available with verification
All prices displayed in Indian Rupees (INR)

Payment Processing:

Secure payment through Razorpay and Stripe
Major credit cards and digital wallets accepted
UPI payments for Indian users
International payment methods supported
PCI DSS compliant payment processing

6.2 Billing and Renewal

Auto-Renewal Terms:

Subscriptions automatically renew unless canceled
Renewal charges occur on the anniversary date
Email notifications 7 days before renewal
Users can cancel anytime through account settings
No refund for partial subscription periods used

Price Changes:

30-day notice for subscription price increases
Existing subscribers protected until next renewal
New prices apply to new subscriptions immediately
Option to cancel before price increase takes effect

6.3 Refund Policy

Eligible Refunds:

Full refund within 7 days of initial purchase
Pro-rated refund for service disruptions exceeding 48 hours
Refund if service doesn't meet advertised features
Technical issues preventing service access

Non-Refundable Services:

Used AI recommendation credits
Downloaded premium content or reports
One-time consultation services
Services used beyond 30-day period
Subscriptions canceled after 30 days

Refund Process:

Submit refund request to info.gradsurge@gmail.com
Include order number and reason for refund
Processing time: 5-10 business days
Refunds credited to original payment method
Account access may be restricted pending refund processing

6.4 Disputes and Chargebacks

Before Initiating Chargebacks:

Contact our billing support team first
Allow 48 hours for response and resolution
Provide detailed explanation of the dispute
Unauthorized chargebacks may result in account suspension

7. Intellectual Property Rights

7.1 Gradsurge Intellectual Property

Platform Ownership:

All platform software, algorithms, and code
Database compilations and data structures
AI models, training data, and methodologies
User interface designs and user experience flows
Trademarks, logos, and brand materials
Documentation, guides, and educational content

Protected Elements:

Proprietary AI recommendation algorithms
University and scholarship databases
Resume scoring and ATS simulation technology
Plagiarism detection systems and methods
User interface designs and workflows

7.2 User License Grant

By using Gradsurge, you grant us:

Non-exclusive license to process your content for service delivery
Right to use anonymized data for AI model improvement
Permission to display your content within platform interfaces
Authorization to share content with integrated third-party services
License terminates upon account deletion or content removal

7.3 Trademark Usage

Gradsurge Trademarks:

"Gradsurge" name and logo are registered trademarks
Users may not use our trademarks without written permission
Fair use for descriptive purposes is permitted
No creation of derivative works using our trademarks

University and Institution Names:

University names used for informational purposes only
No affiliation or endorsement implied
All university trademarks belong to respective institutions
Removal upon request from trademark owners

7.4 Copyright Infringement

DMCA Compliance:

Designated agent for copyright notices: info.gradsurge@gmail.com
Counter-notification process available for disputed claims
Repeat infringers subject to account termination
Good faith belief standard for takedown notices

Copyright Protection:

All original content protected by copyright law
User content remains owned by respective users
Platform code and design protected by copyright
Unauthorized copying or distribution prohibited

8. Disclaimers and Limitation of Liability

8.1 Service Disclaimers

"AS IS" Service Provision:

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Merchantability or fitness for particular purpose
Accuracy, completeness, or reliability of information
Uninterrupted or error-free operation
Security or freedom from viruses or malicious code
Compatibility with all devices or browsers

Educational Guidance Limitations:

Platform supplements but does not replace professional counseling
Information provided for general guidance only
Users must verify all details with official sources
Individual circumstances may require personalized advice
Platform does not guarantee admission or scholarship success

8.2 Third-Party Content and Links

External Resources:

Links to university websites and application portals
Third-party content for informational purposes only
No control over external site availability or accuracy
Third-party terms and privacy policies apply
No endorsement of linked content or services

Integration Disclaimers:

Third-party service integrations may be temporarily unavailable
Data accuracy depends on third-party sources
Changes in third-party APIs may affect functionality
No liability for third-party service failures

8.3 Limitation of Liability

Maximum Liability Cap:

IN NO EVENT SHALL GRADSURGE'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY USER IN THE 12 MONTHS PRECEDING THE CLAIM, OR ₹10,000, WHICHEVER IS LOWER.

Excluded Damages:

WE SHALL NOT BE LIABLE FOR:

Indirect, incidental, or consequential damages
Lost profits, data, or business opportunities
Admission rejections or scholarship denials
Academic or career setbacks
Emotional distress or reputational harm
Third-party claims or actions

Force Majeure:

No liability for delays or failures due to:

Natural disasters or acts of God
Government regulations or legal restrictions
Internet or telecommunications failures
Cyber attacks or security breaches beyond our control
Pandemic or public health emergencies

8.4 Indemnification

User Indemnification Obligations:

Users agree to indemnify and hold harmless Gradsurge from claims arising from:

Violation of these Terms or Privacy Policy
Infringement of third-party intellectual property rights
False or misleading information provided
Illegal activities or academic integrity violations
Misuse of the platform or services

9. Suspension and Termination

9.1 User Termination Rights

Account Deletion:

Users can delete accounts at any time
30-day grace period before permanent deletion
Data export available before deletion
Some data retained for legal compliance
Premium subscriptions canceled upon deletion

9.2 Gradsurge Termination Rights

Immediate Termination For:

Academic integrity violations (plagiarism, fraud)
Violation of intellectual property rights
Illegal activities or harmful conduct
Security threats or malicious behavior
Repeated violations after warnings

Termination Process:

Email notification of termination reasons
Opportunity to respond within 7 days
Appeal process for disputed terminations
Data retention according to Privacy Policy
No refund for services already provided

9.3 Effects of Termination

Upon Account Termination:

Immediate loss of access to premium features
Removal of user-generated content within 30 days
Termination of all service licenses
Survival of indemnification and liability limitation clauses
Right to pursue legal remedies remains intact

9.4 Suspension Procedures

Temporary Suspension:

Warning for first-time violations
7-day suspension for repeated violations
Investigation period for serious allegations
Restoration upon resolution of issues
Progressive enforcement approach

10. Dispute Resolution

10.1 Governing Law and Jurisdiction

Legal Framework:

Governed by Indian law and jurisdiction
Mumbai courts have exclusive jurisdiction
Compliance with applicable international regulations
Indian contract and consumer protection laws apply

10.2 Dispute Resolution Process

Step 1: Direct Communication

Email disputes to info.gradsurge@gmail.com
30-day good faith negotiation period
Detailed explanation of dispute required
Documentation and evidence submission

Step 2: Mediation

Non-binding mediation if direct negotiation fails
Neutral mediator selection by mutual agreement
Mediation costs shared equally
60-day mediation period

Step 3: Arbitration

Binding arbitration under Indian Arbitration Act
Single arbitrator for disputes under ₹5 lakhs
Three-arbitrator panel for larger disputes
Arbitration in Mumbai, Maharashtra
English language proceedings

10.3 Class Action Waiver

Individual Disputes Only:

Users agree to resolve disputes individually
No participation in class action lawsuits
No consolidation of claims without consent
Opt-out right within 30 days of account creation

10.4 Emergency Relief

Temporary Restraining Orders:

Right to seek emergency injunctive relief
Protection of intellectual property rights
Prevention of irreparable harm
Court jurisdiction for emergency matters

11. Miscellaneous Provisions

11.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between users and Gradsurge, superseding all prior agreements, communications, and understandings.

11.2 Amendment Process

Terms Updates:

Material changes require 30-day advance notice
Minor updates effective immediately upon posting
Email notification for significant changes
Continued use constitutes acceptance of changes
Right to terminate account if disagreeing with changes

11.3 Severability

If any provision is found unenforceable, the remainder of these Terms remains in full force and effect. Invalid provisions will be replaced with enforceable alternatives achieving similar intent.

11.4 Assignment

Gradsurge Assignment Rights:

May assign these Terms in connection with merger, acquisition, or sale
User consent required for assignment to competitors
30-day notice for any assignment
Users may terminate if disagreeing with assignment

User Assignment Restrictions:

Users cannot assign their rights under these Terms
Account licenses are personal and non-transferable
Account sharing prohibited except where explicitly allowed

11.5 Relationship of Parties

No joint venture, partnership, or agency relationship created
Each party remains independent contractor
No authority to bind the other party
No fiduciary relationship established

11.6 Survival Clauses

The following provisions survive termination:

Intellectual property rights and licenses
Indemnification obligations
Limitation of liability clauses
Dispute resolution procedures
Payment obligations for services used

11.7 Force Majeure

Neither party liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, government actions, internet failures, or other unforeseeable events.

11.8 Language

These Terms are originally written in English. Any translations provided for convenience only. In case of conflicts, English version prevails.

12. Legal Terminology and Definitions

12.1 Contract Law Terms

Agreement: Mutual assent to contractual terms
Consideration: Value exchanged between parties
Breach: Failure to perform contractual obligations
Remedy: Legal recourse for contractual violations
Waiver: Voluntary relinquishment of known rights
Force Majeure: Unforeseeable circumstances preventing performance

12.2 Intellectual Property Terms

Copyright: Exclusive rights to original works of authorship
Trademark: Distinctive signs identifying goods/services
Trade Secret: Confidential business information
Fair Use: Limited use of copyrighted material without permission
DMCA: Digital Millennium Copyright Act takedown procedures
Infringement: Unauthorized use of protected intellectual property

12.3 Privacy and Data Protection Terms

Personal Data: Information relating to identified/identifiable individuals
Processing: Any operation performed on personal data
Controller: Entity determining purposes/means of data processing
Processor: Entity processing data on behalf of controller
Consent: Freely given, specific, informed agreement
Data Subject: Individual to whom personal data relates

12.4 Liability and Damages Terms

Liability: Legal responsibility for harm caused
Damages: Monetary compensation for losses
Consequential Damages: Indirect losses resulting from breach
Punitive Damages: Punishment exceeding actual harm
Limitation of Liability: Contractual cap on damage awards
Indemnification: Obligation to compensate for third-party claims

12.5 Dispute Resolution Terms

Jurisdiction: Court's authority to hear cases
Venue: Geographic location for legal proceedings
Arbitration: Private dispute resolution outside courts
Mediation: Assisted negotiation with neutral facilitator
Injunctive Relief: Court order requiring/prohibiting specific actions
Class Action: Lawsuit representing group of similar claims

12.6 Technology and AI Terms

Algorithm: Set of rules/instructions for problem-solving
Machine Learning: AI system learning from data
Automated Decision-Making: Decisions made without human intervention
Data Mining: Extracting patterns from large datasets
API: Application Programming Interface for software communication
Encryption: Converting data into coded form for security

12.7 Commercial Terms

Subscription: Recurring payment for ongoing services
Freemium: Basic free service with premium paid features
SaaS: Software as a Service delivery model
Terms of Service: Contract governing service use
End User License Agreement (EULA): Software usage license
Service Level Agreement (SLA): Performance standards commitment

13. Contact Information

13.1 Legal and Compliance

Legal Department:

Email: info.gradsurge@gmail.com

Response Time: 5 business days maximum

Business Hours: Monday-Friday, 9 AM - 6 PM IST

13.2 Terms Questions and Clarifications

General Inquiries: info.gradsurge@gmail.com

Business Partnerships: info.gradsurge@gmail.com

Academic Relations: info.gradsurge@gmail.com

13.3 Emergency Contact

Security Issues: info.gradsurge@gmail.com

Urgent Legal Matters:+91 9892604962

24/7 Support: Available for premium subscribers

Effective Date: October 2, 2025

Version: 1.0

Next Review: April 2026

By using Gradsurge services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

IMPORTANT NOTICE: These Terms contain important information about your legal rights, remedies, and obligations. Please read them carefully. By using our Service, you agree to resolve disputes through binding arbitration and waive your right to participate in class action lawsuits.