Terms of Service

Effective date: 22 May 2026

These Terms of Service ("Terms") govern your access to and use of the KISS LMS website, mobile applications and related services (collectively, the "Platform") operated by KISS LMS ("we", "us" or "our"). These Terms constitute a legally binding agreement between you and KISS LMS under the Indian Contract Act, 1872 and constitute an "electronic record" under the Information Technology Act, 2000.

By accessing, browsing, registering on or using the Platform, you agree to be bound by these Terms, our Privacy Policy, Cookie Policy and Refund Policy. If you do not agree, you must not use the Platform.

1. Definitions

• "User", "you" means any person who accesses or uses the Platform, including learners, instructors and institute administrators.
• "Content" means courses, lessons, videos, text, quizzes, exams, assignments, images and other material made available on the Platform.
• "User Content" means any content submitted, uploaded or posted by a User.
• "Institute" means an organisation that uses the Platform to host and deliver its courses.

2. Eligibility

You must be at least 18 years of age and competent to contract under the Indian Contract Act, 1872 to register an account. If you are below 18, you may use the Platform only under the supervision of, and with consent from, a parent or lawful guardian who agrees to be bound by these Terms.

3. Account Registration and Security

You agree to provide accurate, current and complete information during registration and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorised use. We may suspend or terminate accounts that contain false information or are used in breach of these Terms.

4. Licence to Use the Platform

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Platform and the Content for your personal, non-commercial learning purposes. All rights not expressly granted are reserved.

5. User Obligations and Prohibited Conduct

You agree not to:

• use the Platform for any unlawful, fraudulent or unauthorised purpose;
• copy, record, reproduce, distribute, resell or publicly display any Content without authorisation;
• share your account, course access or credentials with any other person;
• upload or transmit content that is defamatory, obscene, infringing, harmful to children, or otherwise prohibited under Rule 3 of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021;
• introduce viruses, malware or any harmful code, or attempt to gain unauthorised access to the Platform or its systems;
• use bots, scrapers or automated means to access or extract data from the Platform;
• impersonate any person or misrepresent your affiliation; or
• infringe the intellectual property or other rights of KISS LMS or any third party.

6. Intellectual Property

The Platform and all Content, trademarks, logos, software, design and compilation are owned by or licensed to KISS LMS and are protected under the Copyright Act, 1957, the Trade Marks Act, 1999 and other applicable laws. Nothing in these Terms transfers any ownership rights to you.

7. User Content

You retain ownership of User Content you submit. By submitting User Content, you grant KISS LMS a worldwide, royalty-free, non-exclusive licence to host, store, reproduce and display such content to the extent necessary to operate the Platform. You represent that you have all rights necessary to submit such content and that it does not violate any law or third-party right.

8. Courses, Enrollment and Fees

Course descriptions, curriculum and prices are displayed on the Platform and may change from time to time. Fees payable for paid courses, bundles or subscriptions are stated at the time of purchase and are exclusive of, or inclusive of, applicable Goods and Services Tax (GST) as indicated. Enrollment in a paid course is confirmed only upon successful receipt of payment.

9. Payments and Taxes

Payments are processed through third-party payment gateways. You agree to provide valid payment information and authorise the charge of all fees. All fees are payable in Indian Rupees (INR) unless stated otherwise. We are not responsible for any fees charged by your bank or payment provider. Tax invoices are issued in accordance with the applicable GST law.

10. Refunds and Cancellations

Refunds and cancellations are governed by our Refund Policy, which forms part of these Terms.

11. Third-Party Services

The Platform may integrate with third-party services (payment gateways, video hosting, meeting providers, OAuth login). Your use of such services is subject to their own terms and policies. KISS LMS is not responsible for the acts or omissions of third parties.

12. Intermediary Status and Content Takedown

KISS LMS, to the extent it hosts User Content, acts as an "intermediary" under Section 2(1)(w) of the Information Technology Act, 2000, and observes due diligence under the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. We do not endorse User Content. If you believe any content infringes your rights or is unlawful, you may notify our Grievance Officer (Section 18), and we will act in accordance with applicable law.

13. Disclaimers

The Platform and Content are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. We do not warrant that the Platform will be uninterrupted, error-free or secure, or that the Content will meet your requirements or guarantee any particular result, employment outcome or examination success.

14. Limitation of Liability

To the maximum extent permitted by law, KISS LMS, its directors, employees and partners shall not be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, data or goodwill, arising out of your use of or inability to use the Platform. Our aggregate liability for any claim arising out of these Terms shall not exceed the total amount paid by you to KISS LMS in the three (3) months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be excluded under applicable law, including under the Consumer Protection Act, 2019.

15. Indemnification

You agree to indemnify and hold harmless KISS LMS and its officers, employees and partners from any claims, damages, losses, liabilities and expenses (including legal fees) arising out of your breach of these Terms, your User Content, or your violation of any law or third-party right.

16. Suspension and Termination

We may suspend or terminate your access to the Platform, with or without notice, if you breach these Terms, engage in unlawful conduct, or where required by law. You may stop using the Platform and request account closure at any time. Provisions relating to intellectual property, disclaimers, limitation of liability, indemnification and governing law survive termination.

17. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of India. Subject to Section 18 below, the courts at [City], [State] shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

18. Dispute Resolution

In the event of any dispute, the parties shall first attempt to resolve it amicably through good-faith negotiation. If unresolved within thirty (30) days, the dispute shall be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be [City], [State], and the proceedings shall be conducted in English. This clause does not prevent either party from seeking urgent interim relief from a competent court.

19. Grievance Officer

In compliance with the Information Technology Act, 2000 and the rules made thereunder, the name and contact details of the Grievance Officer are:

• Name: [Grievance Officer Name]
• Email: [email protected]
• Address: [Registered Office Address, City, State, PIN]

The Grievance Officer shall acknowledge complaints within 24 hours and dispose of them within 15 days of receipt.

20. Changes to these Terms

We may revise these Terms from time to time. The updated Terms will be posted on this page with a new effective date. Your continued use of the Platform after the changes take effect constitutes acceptance of the revised Terms.

21. Contact Us

For any questions regarding these Terms, contact us at [email protected] or write to KISS LMS, [Registered Office Address, City, State, PIN].