Legal
Last updated: March 2026
These Terms of Use ("Terms") govern access to and use of the ToGather LMS platform, websites, and related services (the "Service") provided by ToGather LMS ("ToGather", "we", "us", or "our").
By accessing or using the Service, or by accepting these Terms when creating an account or signing an order, you agree to these Terms. If you use the Service on behalf of a school or other organisation, you represent that you have authority to bind that organisation, and "you" refers to that organisation.
If you do not agree, do not use the Service.
The Service is a cloud software platform that helps schools manage operations such as student records, staff, admissions, academics, attendance, fees, transport, communications, and related workflows. Features may change over time as we improve the product.
We may add, modify, suspend, or discontinue features. Where a change materially reduces core paid functionality, we will use commercially reasonable efforts to provide notice. Marketing materials and product demos are for general information and do not form part of these Terms unless expressly incorporated in a signed order.
Use of the Service requires an active subscription or other authorised access. Schools control which users they invite and what permissions those users receive.
You are responsible for:
Maintaining the confidentiality of credentials issued to your users
Configuring roles and access appropriately
All activity under your accounts
Promptly notifying us of suspected unauthorised access
We may suspend or restrict access where we reasonably believe it is necessary to protect the Service, other customers, or to address a violation of these Terms.
You are solely responsible for:
The accuracy, legality, and content of data you upload or process through the Service
Obtaining all notices, consents, and legal bases required for student, parent, and staff data
Your internal decisions made using the Service (including attendance, fees, discipline, admissions, and academic decisions)
Compliance with laws applicable to your school and your use of the Service
Backing up or exporting data you need according to your own retention policies
We provide software tools. We do not act as your school administrator, compliance officer, or legal advisor.
You may use the Service only for lawful school-management purposes. You must not:
Use the Service for any unlawful, harmful, or fraudulent purpose
Attempt to access data or systems you are not authorised to access
Reverse engineer, decompile, or attempt to extract source code except to the extent such restriction is prohibited by law
Interfere with or disrupt the Service, including by introducing malware or abusive automated traffic
Resell, sublicense, or provide the Service to third parties except as expressly permitted in writing
Upload or transmit content that is illegal, infringing, or that you do not have rights to use
Circumvent usage limits, security controls, or billing mechanisms
We may investigate suspected violations and take action we consider appropriate, including suspension or termination.
As between the parties, you retain ownership of data you submit to the Service ("Customer Data"). You grant us a worldwide, non-exclusive licence to host, copy, process, transmit, and display Customer Data solely as needed to provide and improve the Service, prevent or address security or support issues, and comply with law.
You are the data controller (or equivalent) for Customer Data. We act as your processor (or equivalent) for that data, except for data we collect and use as an independent controller as described in our Privacy Policy.
Our Privacy Policy explains our privacy practices. If there is a conflict between these Terms and the Privacy Policy regarding processing of Customer Data under a paid subscription, the data processing terms in your order or data processing addendum (if any) control.
The Service may include optional AI-assisted or automated features (for example summaries or operational insights). Outputs may be inaccurate, incomplete, or unsuitable for your circumstances. You must review outputs before relying on them. ToGather is not responsible for decisions made based on AI-assisted outputs.
Access to paid features requires a subscription. Fees, term, and billing frequency are as stated in your order, invoice, or checkout flow. Unless otherwise stated, fees are in INR and exclusive of applicable taxes, which you are responsible for paying.
Renewals. Subscriptions renew automatically for successive terms of equal length unless either party cancels before the renewal date in accordance with the cancellation method we provide.
No refunds. Fees are non-refundable except where required by law or expressly agreed in writing. If you cancel mid-term, access generally continues until the end of the then-current paid term.
Price changes. We may change pricing for future renewal terms. We will provide notice of material price increases in advance of renewal where practicable.
Late payment. If payment is overdue, we may suspend access after notice. We may delete Customer Data after a commercially reasonable retention period following suspension or termination, typically around 60 days, subject to legal retention needs.
The Service, including software, interfaces, documentation, logos, and all related intellectual property, is owned by ToGather or its licensors. These Terms do not transfer ownership of the Service to you.
You may not copy, modify, distribute, publicly display, or create derivative works of the Service except as expressly allowed by these Terms or written permission from us.
Your Customer Data and your branding remain yours.
The Service may integrate with or link to third-party products and services. Those services are subject to their own terms and privacy policies. We are not responsible for third-party services, including their availability, security, or handling of data you choose to share with them.
We use commercially reasonable efforts to make the Service available and to provide support during normal business hours. The Service is provided on an "as available" basis. We do not guarantee uninterrupted, error-free, or fully secure operation, and we do not offer service credits or uptime warranties under these Terms unless a separate written service level agreement expressly says otherwise.
Planned maintenance, emergency maintenance, failures of third-party infrastructure, internet issues, and events beyond our reasonable control may affect availability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT DATA WILL NEVER BE LOST OR CORRUPTED.
Some jurisdictions do not allow certain warranty disclaimers. In those cases, the disclaimer applies to the fullest extent permitted.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOGATHER AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO TOGATHER FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE NOT PAID ANY FEES, OUR TOTAL LIABILITY WILL NOT EXCEED INR 5,000.
These limitations apply regardless of the legal theory and form an essential basis of the bargain. Nothing in these Terms excludes liability that cannot be excluded under applicable law (such as fraud or liability that mandatory law does not allow to be limited).
You will defend, indemnify, and hold harmless ToGather and its affiliates, officers, and employees from and against claims, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:
Customer Data or other content you submit
Your use of the Service in violation of these Terms or applicable law
Your failure to obtain required consents or legal bases for personal data
A dispute between your school and a student, parent, staff member, or other third party relating to your operations or decisions
We will provide reasonable notice of a covered claim and allow you to control the defence, provided you do not settle any claim in a way that imposes obligation or admission on us without our prior written consent.
Each party may receive non-public information from the other that is marked confidential or should reasonably be understood as confidential. The receiving party will use that information only to perform under these Terms and will protect it with reasonable care.
Confidentiality obligations do not apply to information that is or becomes public through no fault of the receiving party, was already known without duty of confidentiality, was independently developed, or is required to be disclosed by law (with notice where legally permitted).
These Terms apply while you access or use the Service. Either party may terminate a subscription at the end of the then-current term by giving notice before renewal through the method we provide, or as otherwise stated in an order.
We may suspend or terminate access immediately if you materially breach these Terms, if payment is overdue, if continued service would create legal or security risk, or if required by law.
Upon termination or expiry, your right to use the Service ends. You are responsible for exporting Customer Data before access ends. We may retain or delete Customer Data in accordance with our Privacy Policy and legal obligations. We are not obligated to maintain Customer Data after the retention period.
Neither party is liable for delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labour disputes, government actions, power or internet failures, or failures of third-party hosting providers, except that payment obligations are not excused.
These Terms are governed by the laws of India, without regard to conflict-of-law rules. Courts in Hyderabad, Telangana have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Service, subject to any mandatory consumer protections that cannot be waived.
Before filing a formal dispute, you agree to contact contact@togatherlms.com and attempt to resolve the issue in good faith.
These Terms, together with any order form or data processing addendum we expressly agree with you, are the entire agreement regarding the Service and supersede prior or contemporaneous agreements on the same subject.
If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices may be provided by email, in-product message, or posting to our website.
Provisions that by their nature should survive termination (including ownership, payment obligations accrued, disclaimers, limitations of liability, indemnity, and governing law) will survive.
We may update these Terms from time to time. We will revise the "Last updated" date above and may provide additional notice for material changes. Except where applicable law requires otherwise, continued use of the Service after updated Terms take effect constitutes acceptance. If you do not agree, you must stop using the Service and cancel any subscription according to its terms.
For questions about these Terms:
ToGather LMS
Hyderabad, India
Email: contact@togatherlms.com
Questions about these terms? Contact us.