Terms & Conditions

Last updated: 28 September 2026

Welcome to Brain Magic Abacus! We hope that you have a great experience using our Platform.

These Terms and Conditions (“Terms and Conditions”) set out the terms and conditions for use of brainmagicabacus.com (the “Site”) and any features, subdomains, content, functionality, products, services (including the Services), media, applications or solutions offered on or through the Site (hereinafter collectively referred to as the “Platform” / “Brain Magic Abacus Platform”).

These Terms and Conditions apply to all users of the Platform, including without limitation parents and legal guardians who register on behalf of a child, learners, and any other visitors (collectively referred to as “you”, “your” or “User(s)”). These Terms and Conditions, along with the Privacy Policy, the Disclaimer and any other rules, policies or guidelines published on the Platform as applicable to you (collectively referred to as the “Platform Term(s)”), define the relationship between you and Brain Magic Abacus and govern your use of the Platform and the Services. Your access to the Platform is subject to your acceptance of the Platform Terms, and such acceptance forms a legally binding agreement between you and Brain Magic Abacus (“Agreement”).

When we speak of “Brain Magic Abacus”, “we”, “us” and “our”, we mean Brain Magic Abacus, the operator of the Platform.

A. About Brain Magic Abacus and the Platform

The Platform is owned, managed, operated and offered by Brain Magic Abacus, having its registered office at TLRA 67, Thottathil Lane, Thrissur 5, Kerala, India. Your Agreement is with Brain Magic Abacus.

B. Platform Services

Brain Magic Abacus Platform is an online service platform that offers online abacus classes and related learning content for children above 10 years of age. The Platform makes available live classes, recorded sessions, practice material, learning progress updates and other incidental and ancillary services which may include doubt-solving, mock tests, contests, webinars and discussion forums.

You agree and acknowledge that Brain Magic Abacus has no control over and assumes no responsibility for User-generated Content and that by using the Platform you expressly relieve Brain Magic Abacus from any and all liability arising from such User-generated Content.

You agree and acknowledge that Brain Magic Abacus shall have the right at any time to change or discontinue any Service, product, aspect or feature of the Platform. Brain Magic Abacus reserves the right to terminate your Subscription and/or restrict your access to the Platform if you choose not to provide or partially provide the requested information.

C. Right to Access and Account Creation

To access the Platform and use certain Services, you will be required to register and create an account by providing the requested details.

Age Requirements

To register on the Brain Magic Abacus Platform, the registering adult (parent or legal guardian) must have attained at least 18 (eighteen) years of age. By using the Platform, you confirm that you meet this requirement.

A Learner who does not meet the Age Requirements (i.e., is a “Minor” or “Child”) may use the Platform only with the consent of, and under the supervision of, their parent or legal guardian (“Parent”). In such a case, the Parent must agree to the Platform Terms at the time of registration. Minors/children are not by themselves eligible to register on the Platform. When a Minor/Child uses the Platform, we assume that the Parent of such Minor/Child has enabled the Minor/Child's usage by agreeing to the Platform Terms and that such usage is under the supervision of the Parent.

Brain Magic Abacus reserves the right to terminate your Subscription and/or restrict your access to the Platform if it is discovered that you do not meet the Age Requirements and/or the consent to register and use the Platform is not obtained as above.

Conditions of access

1. You agree not to distribute in any medium any part of the Platform, course content or Brain Magic Abacus Content (as defined below) without Brain Magic Abacus's prior written authorization.
2. You agree not to alter or modify any part of the Platform.
3. You agree not to access content of any other User through any technology or means other than the content you have legitimate access to.
4. You agree not to use the Platform for any commercial uses unless you obtain Brain Magic Abacus's prior written approval, including the sale of access to the Platform, the sale of advertising/sponsorships placed on or within the Platform, or the sale of advertising/sponsorships on any third-party page or website.
5. You agree to receive installs and updates from time to time from Brain Magic Abacus designed to improve, enhance and further develop the Platform.
6. You agree not to use or launch any automated system, including without limitation “robots”, “spiders” or “offline readers”, that accesses the Platform in a manner that sends more request messages to Brain Magic Abacus's servers than a human can reasonably produce in the same period by using a conventional online web browser.
7. You may post reviews, comments and other content, send other communications and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam.
8. In your use of the Platform, you will at all times comply with all applicable laws and regulations.
9. Brain Magic Abacus reserves the right to discontinue any aspect of the Platform at any time with or without notice at its sole discretion.

Account security

You are responsible for maintaining the confidentiality of your account and password. You agree not to provide any other person with access to the Platform and to restrict access to your device. You agree to accept responsibility for all activities that occur under your account. If you have any reason to believe that your password has become known to anyone else, you must immediately change your password or inform us so that we can help you stop or prevent such unauthorized access.

To access the Platform, you will need to use a “Supported/Compatible Device” which means a personal computer, mobile phone, tablet or other electronic device that meets the system and compatibility requirements. Supported/Compatible Devices may change from time to time.

D. Subscription Terms

Brain Magic Abacus does not charge any fee for registration and account creation. However, certain Services offered by Brain Magic Abacus may be chargeable. Access to certain Services and features is offered through paid subscription plan(s) or purchases; the details of the Services and applicable features along with their corresponding prices can be found on our Site (“Subscription” / “Subscription Service”).

1. Purchase of a Subscription will allow you access only to the content available under the category for which you have purchased the Subscription.
2. The Services offered, and the validity/term of your Subscription (“Subscription Period”) may vary depending on the plan you purchase.
3. The Subscription Period may be extended upon renewal of your purchased Subscription. The terms of renewal, if any, can be found on our Site. Please note that the prices may be revised from the time of your first purchase of the Subscription.
4. The Subscription is of a personal nature and is solely for the benefit of the person subscribing. It is not allowed to be resold, transferred to or shared with any other person for consideration or otherwise. If we become aware that any User has resold/transferred/shared a Subscription, Brain Magic Abacus retains the right to cancel/terminate the Subscription forthwith.
5. Live classes: You will get access to attend live classes if offered as part of your purchased Subscription, during the Subscription Period, subject to the Platform Terms.
6. Viewing Period: Depending on the Subscription, we may make recorded versions of live classes available for continued viewing during your Subscription Period.
7. Quality of Streaming: The resolution and quality of the content you receive will depend on a number of factors, including the type of Compatible Device on which you are accessing the content and your bandwidth.
8. Depending on the Subscription Service you have purchased, you may be given access to certain additional Services and features. The additional terms applicable to each of these additional Services may be made available to you on the Platform.

E. Pricing, Payments and Refunds

1. Pricing and Payments

You can purchase a Subscription Service of your choice by following instructions on the Platform and making the payment applicable for the Subscription you intend to purchase.

1. You agree to pay all Subscription fees and charges that are attributable to your account on the Platform and that you are solely responsible for payment of these fees and charges. The Subscriptions are payable in full and in advance and are valid until the completion of the applicable Subscription Period or until otherwise cancelled or terminated in accordance with the terms of this Agreement.
2. If you have specifically authorized us, payments for the applicable Subscriptions are automatically charged at the beginning of each billing period, unless you withdraw your authorization or submit a cancellation request to us directly through your account prior to the start of the billing period or in writing via email to kidsbrainmagic@gmail.com. The payment for your Subscription will be charged upon the anniversary of its billing period if the payments are in more than a single tranche.
3. If you have not completed payments for your Subscriptions, we may restrict/suspend your access to the Platform until your account becomes current and paid in full.
4. We reserve the right to pursue the fee owed to us using collection methods which may include charging other payment methods on file with us and/or retaining collection agencies or legal counsel.
5. Your payments to Brain Magic Abacus shall be subject to applicable taxes including without limitation Goods and Services Tax (GST) and Value Added Taxes (VAT) or other similar taxes as may be applicable in your country of residence.
6. We reserve the right to change/revise the pricing of the Subscriptions. For existing Subscriptions for which the applicable fees have already been received, we will implement the price changes during the next billing period or renewal of the Subscription.
7. We reserve the right to offer custom plans and pricing (including discounts and/or special offers) in addition to what is offered on the Platform.
8. We use third-party payment gateways and/or aggregators to process payments applicable to the Services offered by us. Third-party payment gateway(s) made available to you may vary depending on the Subscription you choose. To facilitate completion of your payments through the Platform, you may be redirected to an external website operated by the Third-Party Service Provider. Brain Magic Abacus is not affiliated with any Third-Party Service Provider and is only facilitating various payment options to you.
9. You agree that you are solely responsible for all charges that occur through such Third-Party Service Providers and acknowledge and agree to indemnify, defend and hold harmless Brain Magic Abacus, its licensors, their affiliates and their respective officers, directors, employees and agents from any loss arising out of or related to the use of the Platform or any purchases made through the Platform.
10. Please note that all Subscription payments are collected by Brain Magic Abacus only through the Platform and not through any third parties.
11. Brain Magic Abacus is solely authorized to offer discounts/offers, if any, on the Subscription prices. These discounts/offers are communicated on the Platform or via direct communication to you from Brain Magic Abacus.

2. Cancellation and Refund Policy

You may cancel your Subscription through your account on the Platform. The cancellation will become effective at the end of the then-current billing period; in other words, we will not renew your Subscription, but the existing Subscription will continue until the end of its billing period and there shall be no refund of the fee already paid for the same. Please read these terms carefully before purchasing any Subscription.

When you cancel your Subscription, Brain Magic Abacus may disable access to features made available to you upon your purchase of Subscription, while your account may continue to exist on the Platform.

F. Use of the Platform

Subject to the Platform Terms, Brain Magic Abacus hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Brain Magic Abacus Platform for your own personal, non-commercial and private use on an “as is” basis in accordance with these Terms and Conditions and other Platform Terms.

Subject to payment of the Subscription fee and your compliance with all Platform Terms, Brain Magic Abacus grants you a non-exclusive, non-transferable, non-sublicensable, limited license, during the applicable Subscription Period, to access and view the content you have subscribed to and attend live classes, for personal, non-commercial, private use only, in accordance with the Platform Terms. We may automatically remove your access to the content from your Compatible Device after the end of the Subscription Period or in accordance with any restriction mentioned in the Platform Terms.

Except as expressly permitted under any of the Platform Terms or otherwise in writing, you will not reproduce, duplicate, copy, sell, redistribute, create derivative works or otherwise exploit the Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks or other proprietary information).

G. Content and Conduct

1. As a User, you may submit User-generated Content (as defined under the “Intellectual Property” section) on the Platform. However, Brain Magic Abacus does not guarantee any confidentiality with respect to any User-generated Content you submit.
2. You shall be solely responsible for your own User-generated Content and the consequences of submitting and publishing such content. You affirm, represent and warrant that you own or have the necessary licences, rights, consents and permissions to publish the User-generated Content that you submit.
3. For clarity, you retain your ownership rights in your User-generated Content. However, you grant a limited license to Brain Magic Abacus to make available the User-generated Content on the Platform.
4. You confirm that you shall not host, display, upload, modify, publish, transmit, store, update or share User-generated Content or any information on the Platform that:
   • belongs to another person and to which you do not have any right;
   • is defamatory, obscene, pornographic, invasive of another's privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force;
   • is harmful to a child;
   • infringes any patent, trademark, copyright or other proprietary rights of another;
   • violates any law, statute, ordinance or regulation or Platform Terms;
   • deceives or misleads any User about the origin of the message;
   • impersonates another person;
   • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order;
   • contains software viruses or any other computer code designed to interrupt, destroy or limit the functionality of any computer resource;
   • is patently false and untrue, written with the intent to mislead or harass a person, entity or agency;
   • is false, inaccurate or misleading;
   • is obscene or contains pornography; or
   • contains any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personal Information.
5. Your conduct on the Platform shall strictly be in accordance with the User Guidelines and other Platform Terms.
6. You understand and confirm that you shall not during your use of the Brain Magic Abacus Platform at any time post or publish any content, comments or act in any way which will amount to harassment of any other User. If it comes to Brain Magic Abacus's notice that you have engaged in any kind of harassment of other Users, Brain Magic Abacus shall have the sole right to suspend/terminate your account with immediate effect and without any notice of such suspension or termination.
7. Brain Magic Abacus does not endorse any User-generated Content submitted on the Platform by any User, or any opinion, recommendation or advice expressed therein, and Brain Magic Abacus expressly disclaims any and all liability in connection with User-generated Content.
8. You shall not engage in any activity that increases/optimises User views on any particular content, including creating multiple fake accounts.
9. You shall not engage in any activity that will negatively impact Brain Magic Abacus and/or other Users of the Platform, including without limitation screen-recording, screen-casting or downloading Content Provider Content on any other device in any manner that is not directly facilitated as a feature within the Platform, and/or sharing or otherwise publishing such content on third-party platforms. If Brain Magic Abacus becomes aware of such activity, we may immediately terminate your access/Subscription along with termination and removal of access to all downloaded content, with a right to initiate appropriate legal action.

H. Communications

When you visit the Platform, you are communicating with us electronically. We may communicate with you by email, SMS, phone call or by posting notices on the Platform or by any other mode of communication. By providing your information, you authorise Brain Magic Abacus and its representatives to initiate electronic communications with you regarding your use of the Platform. Telephone calls may be recorded. You acknowledge that your telephone operator and/or internet service provider may levy charges on you for communications with Brain Magic Abacus, and you agree to be responsible for all such charges.

You will always have an option to unsubscribe/opt out from any promotional communications sent by Brain Magic Abacus either by following the relevant instructions in the communication or by disabling the options provided within your account on the Platform. If you opt out of promotional communications, we may still send you transactional communications such as service announcements, administrative and legal notices, and information about your account.

Brain Magic Abacus is only an intermediary and does not monitor all interactions between Users on the Platform. Brain Magic Abacus reserves the right to suspend or terminate your access to the Platform or any part thereof at any time, with or without giving any notice or reason, if it receives a complaint of misconduct against you or otherwise deems it necessary.

I. Processing of Personal Information

All our collection, processing, sharing and storing of any Personal Information collected from you shall be in accordance with our Privacy Policy. Should you have any queries in respect of the same, please write to us at kidsbrainmagic@gmail.com.

J. Intellectual Property and License to User-generated Content

1. User-generated Content

You shall remain the sole owner of any content uploaded or published or submitted or posted by you on the Platform, including without limitation any text, image, media, written statements or other content posted or published by a User anywhere on the Platform including in the comments section (“User-generated Content”). Brain Magic Abacus does not claim any ownership over any User-generated Content uploaded/published by any User on the Platform.

By submitting the User-generated Content on the Platform, you hereby grant Brain Magic Abacus a limited, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, share, display, publish, retain, make available online and/or electronically transmit such User-generated Content as well as technical information collected via the Platform to the extent necessary (i) to provide the Platform and our Services; (ii) to perform our obligations under the Platform Terms; (iii) to provide, monitor, correct and improve the Platform and Services related thereto; (iv) for Brain Magic Abacus's business, including without limitation for promoting and redistributing part or all of the Brain Magic Abacus Platform in any media formats and through any media channels; (v) to de-identify User data such that there is no reasonable basis to believe that the information can be used to identify any individual; and (vi) to comply with applicable laws.

You also hereby grant each User of the Platform a limited, non-exclusive license to access your User-generated Content through the Platform.

2. Brain Magic Abacus Content

Brain Magic Abacus and/or its affiliates own all information and materials (in whatever form or media) provided or communicated to you by or on behalf of Brain Magic Abacus including but not limited to the Platform, illustrations, letters, images, ideas, concepts, the layout, design, flow, look and feel of the Platform, logos, marks, graphics, audio files, video files, any software which is owned by or licensed to Brain Magic Abacus and/or its affiliates, the underlying source and object code, instructions embedded in any form of digital documents and other data, information or material made available to you by Brain Magic Abacus (“Brain Magic Abacus Content”). Brain Magic Abacus Content specifically excludes any content uploaded by the Users, including without limitation any User-generated Content on the Platform. You acknowledge that you do not acquire any ownership or rights to the Brain Magic Abacus Content or the Platform by use of the Platform. The Brain Magic Abacus Content is protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and any unauthorised use, reproduction, modification, distribution, transmission, republication, display or performance of the Brain Magic Abacus Content and any component thereof is strictly prohibited.

K. Feedback

If any User(s) submits suggestions, ideas, comments or questions containing product feedback about the Platform or any of the Services, either through the Platform or otherwise (“Feedback”), then such User(s) grants Brain Magic Abacus and its affiliates a worldwide, non-exclusive, royalty-free, perpetual and irrevocable right to use (and full right to sublicense), reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit and display such Feedback in any form. Users shall have no intellectual property right in the Platform as a result of Brain Magic Abacus's incorporation of their Feedback in the Platform.

L. Copyright, Trademarks and other Intellectual Property Rights

At Brain Magic Abacus, we respect the intellectual property of others just as much as ours, and hence, if you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement (including your copyrights and trademarks), then kindly write to us at kidsbrainmagic@gmail.com with complete details. If Brain Magic Abacus has knowledge of or any reason to believe that any User-generated Content on the Platform violates the intellectual property rights of Brain Magic Abacus or other Users, then we reserve the right to remove access to such content in accordance with takedown practices.

M. Claims Against User-generated Content

Brain Magic Abacus does not monitor or have any control over or does not warrant, and makes no claim or representation regarding the accuracy, completeness or usefulness of any User-generated Content provided on the Platform by its Users and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, such User-generated Content. Brain Magic Abacus disclaims all liability and responsibility arising from any reliance placed on such materials by you.

N. Brain Magic Abacus's Rights

1. Brain Magic Abacus reserves the right to put on-hold or reject or suspend or terminate your registration on the Platform for the purpose of complying with the legal and regulatory requirements.
2. Brain Magic Abacus reserves the right to remove you and/or the User-generated Content without notice if you violate any provisions of the Platform Terms.
3. Brain Magic Abacus may modify, terminate or refuse to provide Services at any time for any reason, without notice.
4. Notwithstanding anything contrary stated in the Platform Terms, in its sole discretion, Brain Magic Abacus may remove anyone from the Platform at any time for any reason.
5. Brain Magic Abacus reserves the right to access your account and/or the User-generated Content in order to respond to requests for technical support, to maintain the safety and security of the Platform, for legal purposes and for other legitimate business purposes, as necessary.
6. Brain Magic Abacus has no obligation to monitor any content that appears on the Platform or review any conduct occurring through the Platform; however, if Brain Magic Abacus receives notice or becomes aware of any violation of the Platform Terms, then Brain Magic Abacus reserves the right to refuse your access to the Platform, terminate accounts or remove such violating content at any time without notice to you.

O. Platform Availability

Your access to the Platform may occasionally be suspended or restricted to allow for repairs, maintenance, or due to the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. You agree that Brain Magic Abacus will not be liable for any losses that may be incurred by you if for any reason all or part of the Platform is unavailable at any time or for any period for use.

P. Deletion of Account

You may delete your account at any time by writing to us at kidsbrainmagic@gmail.com or by using the delete option provided within your account on the Platform (if available). If your account is deleted (regardless of the reason), you will no longer have access to your account on the Platform and your User-generated Content may no longer be available; any deletion once processed is irrecoverable. Brain Magic Abacus is not responsible for the loss of your information and/or User-generated Content upon deletion and Brain Magic Abacus shall not be liable to any party in any way for the inability to access User-generated Content arising from any deletion.

Please note that we may not be able to delete all communications or content publicly made available by you on the Platform; however, we shall anonymise your Personal Information in such a way that you can no longer be identified as an individual in association with such information.

Q. Disclaimer

YOU AGREE THAT THE PLATFORM, CONTENT AND ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF THE PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BRAIN MAGIC ABACUS, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. BRAIN MAGIC ABACUS EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY, SECURITY, RELIABILITY, QUALITY, AVAILABILITY OR COMPLETENESS OF THE PLATFORM, USER-GENERATED CONTENT ON THE PLATFORM, OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF USER-GENERATED CONTENT OR ANY CONTENT ON THE PLATFORM, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY USER-GENERATED CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER-GENERATED CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. BRAIN MAGIC ABACUS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY USER-GENERATED CONTENT OR THE PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. AS WITH THE PURCHASE OF A SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

R. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BRAIN MAGIC ABACUS, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES OR INACCURACIES OF USER-GENERATED CONTENT OR ANY OTHER CONTENT AVAILABLE AT BRAIN MAGIC ABACUS, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORMS, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORMS BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY USER-GENERATED CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BRAIN MAGIC ABACUS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT BRAIN MAGIC ABACUS SHALL NOT BE LIABLE FOR USER-GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE BRAIN MAGIC ABACUS PLATFORM IS CONTROLLED AND OFFERED BY BRAIN MAGIC ABACUS. BRAIN MAGIC ABACUS MAKES NO REPRESENTATIONS THAT THE PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

S. Indemnity and Release

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Brain Magic Abacus, its affiliates, their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any term of the Platform Terms; (iii) your violation of any third-party right, including without limitation any copyright, property or privacy right; (iv) any claim that your User-generated Content caused damage to a third party; or (v) violation of any applicable laws. This defence and indemnification obligation will survive these Terms and Conditions and your use of the Platform.

You hereby expressly release Brain Magic Abacus, its affiliates and any of their respective officers, directors, employees and agents from any cost, damage, liability or other consequence of any of the actions/inactions of any third-party vendors or service providers and specifically waive any claims or demands that you may have in this behalf against any of Brain Magic Abacus, its affiliates and any of their respective officers, directors, employees and agents under any statute, contract or otherwise.

T. Applicable Laws and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Kochi, Kerala, India.

U. General Provisions

1. Legal Notices: In the event of any disputes or claims arising from the use of the Platform, please get in touch with us at kidsbrainmagic@gmail.com.
2. Modification, Amendment or Termination: Brain Magic Abacus may, in its sole discretion, modify or revise the Agreement and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Platform post any modification of the Agreement shall be taken as your consent and acceptance to such modifications. Nothing in the Agreement shall be deemed to confer any third-party rights or benefits.
3. Force Majeure: Brain Magic Abacus shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
4. Miscellaneous: If any part of the Agreement is found to be unlawful, void or unenforceable, that part of the Agreement will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the Platform shall be in writing and sent to the registered office of Brain Magic Abacus. We do not guarantee continuous, uninterrupted or secure access to the Platform. Headings are for reference purpose only.

V. Contact for User Support / Queries

For queries relating to Services offered by Brain Magic Abacus, please write to us at kidsbrainmagic@gmail.com.