Last modified: April 2026
These Terms of Service ("Terms") constitute a legally binding agreement between FortunaPIX Private Limited, a company incorporated under the Companies Act, 2013, and FortunaPIX Inc., USA, collectively operating under the brand name "OneLern" (hereinafter referred to as "Company", "we", "us", or "our"), and the Users of the OneLern platform (hereinafter referred to as "you" or "User"). These Terms govern access to and use of the OneLern platform across mobile applications (Android and iOS), tablet applications (Android), and laptop/browser-based applications (collectively, the "Platform").
By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to be bound by these Terms, you must not use the Platform.
For the purposes of these Terms, the following terms shall have the meanings ascribed to them below:
By accessing the Platform, you represent and warrant that: (a) you have the legal capacity to enter into these Terms; (b) you are not prohibited by law from using the Platform; (c) all information provided by you or your Institution is accurate and complete.
The Platform is accessed through Institutions. School Owners and School Admins accept these Terms on behalf of their Institution. The Institution shall be responsible for ensuring that all users comply with these Terms and applicable laws.
The Platform is designed for K-12 educational use and processes data of Students, many of whom are Minors (under 18 years of age). Pursuant to Section 9 of the Digital Personal Data Protection Act, 2023 (DPDP Act):
When a Parent/Guardian registers to use the Platform using their mobile number as a login ID (applicable in India), they accept these Terms by providing their consent at registration. Such acceptance constitutes valid acceptance of these Terms.
Teachers and staff members must accept these Terms to gain access to the Platform. By logging in, they acknowledge acceptance of these Terms and agree to comply with all applicable policies and the Acceptable Use Policy.
The School Owner is the proprietor or management of the Institution. The School Owner's responsibilities include:
The School Admin is designated by the Institution to manage the Platform at the institutional level. School Admin responsibilities include:
Teachers are authorized to use the Platform for instructional and assessment purposes. Teacher responsibilities include:
Students are K-12 learners authorized by their Institution to use the Platform for learning. Student responsibilities include:
Parents/Guardians are authorized to view their child's educational progress and performance. Parent/Guardian responsibilities include:
The Platform provides the following educational technology services:
OneLern provides access to comprehensive K-12 educational content including text materials, videos, interactive modules, and supplementary resources aligned with educational curricula. Teachers may also upload custom content for their Students.
The Platform includes AI-powered assessment tools that automatically evaluate Student submissions. Students complete assignments, which are submitted through the Platform. The AI system analyzes submissions and generates preliminary scores and feedback. Teachers must independently review and approve all AI-generated assessment outputs before they are finalized or communicated to Students or Parents.
The Platform provides performance dashboards and analytics reports to Teachers, School Admins, and Parents showing Student progress, learning outcomes, assessment results, and engagement metrics. These tools assist educators in identifying Student needs and personalizing instruction.
The Platform includes messaging and communication tools enabling Teachers to communicate with Students and Parents, and Parents to view Student progress. Communications are monitored for policy compliance.
OneLern supplies physical educational books and materials to Institutions as supplementary resources. Separate terms govern the supply, delivery, return, and payment for Print Books. Print Books are not subject to these digital platform terms.
OneLern provides Institutions with institutional-level reports, dashboards, and usage analytics to support educational administration and planning.
The Platform uses artificial intelligence algorithms to:
You acknowledge and agree that:
Teachers must actively review all AI-generated assessments before communicating results to Students or Parents. Teachers retain complete authority to modify, adjust, or reject AI assessment outputs. Teachers should use AI assessments as one data point among many in comprehensive student evaluation. Professional educator judgment always takes precedence over automated algorithmic output.
The AI assessment system is designed only to evaluate academic work. The system shall NOT be used for behavioral monitoring, psychological profiling, targeted advertising, or purposes unrelated to direct educational assessment.
Print Books are physical educational materials supplied by OneLern to Institutions. Print Books are subject to separate supply agreements and terms of delivery. Provisions of these Terms of Service do not apply to Print Books except where explicitly stated. For matters concerning Print Books, pricing, delivery, returns, and refunds, reference should be made to the applicable Print Books supply agreement between OneLern and the Institution.
All Users must provide accurate, complete, and truthful information when creating accounts. Any false, inaccurate, or misleading information may result in account suspension or termination. Users are responsible for keeping their account information current.
Users are solely responsible for maintaining the confidentiality of their login credentials. Users must:
OneLern is not responsible for losses or damages arising from unauthorized account access due to User negligence.
School Owners and Admins are responsible for:
Users must immediately notify the School Admin or OneLern at legal@onelern.com if they suspect unauthorized access to their account. OneLern will cooperate with institutional administrators to investigate suspected breaches.
All Content on the Platform, including but not limited to educational materials, assessments, interface design, algorithms, software code, and databases, is owned by or licensed to FortunaPIX Private Limited and/or its affiliates. These materials are protected by copyright, trademark, and other intellectual property laws.
Subject to compliance with these Terms, OneLern grants authorized Users a limited, non-exclusive, non-transferable license to access and use the Content solely for legitimate educational purposes within their Institution. This license does not permit:
Students may create, upload, and submit original work (essays, assignments, projects) through the Platform. Students retain ownership of their original work. By submitting work to the Platform, Students grant OneLern and their Institution a non-exclusive, royalty-free license to use, store, display, and analyze that work for educational purposes only.
Users shall not attempt to reverse engineer, decompile, disassemble, or otherwise discover the underlying code, algorithms, architecture, or trade secrets of the Platform. Any attempt to do so may result in account termination and legal action.
The Platform may include content licensed from third parties. Use of such content is governed by the respective third-party licenses. OneLern is not responsible for third-party content and disclaims all warranties regarding third-party materials.
Use of the Platform is governed by OneLern's Privacy Policy, which is incorporated into and forms part of these Terms. The Privacy Policy explains what personal data is collected, how it is used, and the rights of data subjects. You must read and accept the Privacy Policy before using the Platform.
OneLern is a Data Fiduciary under the Digital Personal Data Protection Act, 2023 (DPDP Act). OneLern collects and processes personal data only with valid consent and for the purposes stated in the Privacy Policy. All personal data processing complies with:
Institutions are responsible for obtaining and maintaining verifiable parental/guardian consent for all Student Minors BEFORE their accounts are created. OneLern relies on Institutions to fulfil this legal requirement. Institutions indemnify OneLern against any claims arising from failure to obtain required parental consents.
All personal data collected from Users in India is hosted and processed only on servers located within India. Cross-border data transfers shall not occur except as required by law or with explicit written consent.
All data subjects (Students, Teachers, Parents, Staff) have the following rights under the DPDP Act 2023:
To exercise these rights, contact OneLern's Grievance Officer at legal@onelern.com.
The Platform is provided to Institutions on a commercial subscription basis. Schools subscribe to the Platform to provide access to their students, teachers, and staff.
Subscription fees, billing frequency, and payment terms are specified in the separate Service Agreement or Master Subscription Agreement between OneLern and the Institution. Users acknowledge that their Institution is responsible for timely payment of all fees. Failure to pay fees may result in service suspension.
Access to the Platform is generally non-refundable. However, refund policies specific to your Institution's agreement shall govern. Refer to your Institution's Service Agreement with OneLern for refund terms.
OneLern reserves the right to adjust subscription fees with 30 days' written notice. Continued use of the Platform after the effective date of fee changes constitutes acceptance of the new fees.
OneLern may suspend or terminate access to the Platform if:
The Institution may terminate the Subscription by providing 30 days' written notice to OneLern at legal@onelern.com, unless a longer notice period is specified in the Service Agreement.
Upon termination of the Subscription:
Sections regarding Intellectual Property, Limitation of Liability, Indemnification, Confidentiality, and Governing Law survive termination of these Terms.
The Platform is provided "AS IS" and "AS AVAILABLE" without any warranties, express or implied. OneLern specifically disclaims:
OneLern makes no warranty that use of the Platform will result in any particular educational outcome, grade improvement, or learning gain. The effectiveness of the Platform depends on institutional implementation, teacher quality, and student engagement.
OneLern does not warrant that the Platform will be continuously available or free from technical errors. Temporary downtime for maintenance, updates, or repairs is expected and not a breach of these Terms.
OneLern is not responsible for the accuracy, legality, or appropriateness of third-party content. Users access third-party content at their own risk.
The Platform may include links to external websites. OneLern does not endorse or guarantee the content of external links and is not responsible for external sites or their content.
EXCEPT AS SPECIFIED IN THIS SECTION, IN NO EVENT SHALL ONELERN, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY:
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHER) UPON WHICH THE CLAIM IS BASED.
Except for excluded categories below, the total aggregate liability of OneLern for any claim arising out of or relating to these Terms or the Platform shall not exceed the total Subscription fees paid by the Institution in the 12 months preceding the claim.
The limitations in this Section do not apply to:
The parties acknowledge that the Subscription fees reflect allocation of risk. These limitations are proportionate to the value of the Platform and Services.
Each User and the Institution indemnify, defend, and hold harmless OneLern, its affiliates, and their respective officers, directors, employees, and agents from any third-party claims, damages, costs, and expenses (including reasonable attorney fees) arising from or related to:
The Institution specifically indemnifies OneLern against any and all claims, liabilities, and damages arising from the Institution's failure to obtain, maintain, or evidence verifiable parental consent for any Minor Student as required by the Digital Personal Data Protection Act, 2023.
To seek indemnification, the indemnified party shall: (a) provide prompt written notice of the claim; (b) grant the indemnifying party sole control of defense and settlement; (c) reasonably cooperate in the defense.
Users shall not, and shall ensure that no other individuals using their accounts or credentials:
Students shall not:
Users shall not:
Violations of these prohibited conduct rules may result in:
As required under the Digital Personal Data Protection Act, 2023, and Information Technology Rules, 2021, OneLern designates a Grievance Officer to address complaints related to personal data processing, data protection, and platform misuse.
Any data subject or User may file a grievance with the Grievance Officer by:
OneLern shall:
If a complainant is unsatisfied with OneLern's response, they may appeal to the Data Protection Board of India (once operational) or seek remedies under applicable law. Information regarding appeals to the Data Protection Board will be provided in OneLern's response.
OneLern shall not discriminate against or retaliate against any individual for filing a grievance in good faith.
These Terms shall be governed by and construed in accordance with the laws of the Republic of India, without regard to conflict of laws principles. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
The parties irrevocably consent to the exclusive jurisdiction of the courts located in Hyderabad, Telangana, India for any disputes arising out of or relating to these Terms or the Platform.
Notwithstanding Section 17.2, the parties may mutually agree to submit commercial disputes (excluding intellectual property matters and data protection issues) to binding arbitration under the Arbitration and Conciliation Act, 1996. Any arbitration shall:
Notwithstanding any arbitration clause, either party may seek injunctive relief from competent courts to prevent irreparable harm, including for intellectual property violations or data breaches.
Nothing in this Section 17 shall be construed to limit any data subject's rights under the Digital Personal Data Protection Act, 2023 to file complaints with the Data Protection Board of India or to pursue remedies under data protection laws.
OneLern reserves the right to modify these Terms at any time. Material modifications shall be communicated to Institutions via email at least 30 days before the effective date.
Continued use of the Platform following notice of modifications constitutes acceptance of the revised Terms. Users who do not accept modifications may request termination of their access.
OneLern will maintain the current version of these Terms on the Platform and may publish an updated version date. Users should periodically review the Terms for updates.
These Terms, together with the Privacy Policy, Acceptable Use Policy, Data Processing Addendum (if applicable), and the Institution's Service Agreement, constitute the entire agreement between the parties regarding the Platform and supersede all prior negotiations, agreements, and understandings.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed. The remaining provisions shall remain in full force and effect.
The failure of either party to enforce any right or provision shall not constitute a waiver of that right or provision. No waiver shall be effective unless in writing and signed by the waiving party.
These Terms do not create a partnership, joint venture, agency, or employment relationship. Each User is an independent party. OneLern is not an agent of the Institution or Users, and Users are not agents of OneLern.
All notices required under these Terms shall be in writing and may be delivered by: (a) personal delivery; (b) overnight courier; (c) certified mail, return receipt requested; (d) email to legal@onelern.com (for OneLern) or the Institution's designated contact (for Institutions). Notices are effective when received.
The Institution may not assign these Terms or the Subscription to any third party without OneLern's prior written consent. OneLern may assign these Terms to any successor or affiliate. Any purported assignment in violation of this section is void.
These Terms may be executed in counterparts, each of which is deemed an original and all of which together constitute one instrument.
Section headings are for convenience only and do not affect the interpretation of these Terms.
For any questions, concerns, feedback, or to provide notice regarding these Terms, contact OneLern:
Email: legal@onelern.com
Institution Support: schools@onelern.com
Address: Plot No. 101, Kavuri Hills - Phase II, Hyderabad, Telangana 500033, India
Website: www.onelern.com | www.onelern.school
By using the OneLern Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
Last Updated: April 8, 2026
Effective Date: April 8, 2026
PREAMBLE
These Terms of Service ("Terms") constitute a legally binding agreement between FortunaPIX Inc. (a Delaware corporation, USA) and FortunaPIX Private Limited (a company registered under the Indian Companies Act, 2013, India), collectively operating under the brand name "OneLern" (hereinafter referred to as "Company", "we", "us", "our", or "OneLern"), and Users of the OneLern Platform in Caribbean territories and internationally.
These Terms govern access to and use of the OneLern educational technology platform, available on mobile applications (Android and iOS), tablet applications (Android), and laptop/browser-based applications. The OneLern Platform provides K-12 digital educational services, automated assessments, learning analytics, and supplementary print materials to schools, ministries of education, teachers, students, and parents in Caribbean territories.
SECTION 1: DEFINITIONS
In these Terms, the following terms shall have the meanings set forth below:
"Platform" means the OneLern digital educational technology platform, including all mobile applications, tablet applications, web applications, software, content, and services provided by OneLern, accessible on iOS, Android, Windows, and through web browsers.
"Services" means all educational services, features, and functionalities provided through the Platform, including content delivery, assessments, AI-powered automated grading, performance tracking, analytics, reporting, communications, and administrative features.
"User" means any individual or entity accessing or using the Platform, including but not limited to Institutions, Ministries, School Administrators, Teachers, Students, and Parents/Guardians.
"Institution" or "School" means any educational organization, including government schools, private schools, or educational networks, that has subscribed to the OneLern Platform on behalf of its users.
"Ministry" or "Ministry of Education" means the government ministry or educational authority responsible for education in a Caribbean territory.
"Student" means any K-12 learner (grades K-12, ages approximately 5-18) enrolled at an Institution using the Platform.
"Parent/Guardian" means a parent, guardian, or other legally responsible adult of a Student.
"Teacher" means any educator or instructor employed by or contracted with an Institution, authorized to create and assign educational content and assessments on the Platform.
"School Administrator" means any staff member of an Institution authorized to manage users, roles, subscriptions, and administrative functions on behalf of the Institution.
"Data Controller" means the entity that determines the purposes and means of processing personal data; typically the Institution or Ministry.
"Data Processor" means the entity that processes personal data on behalf of the Data Controller; OneLern acts as Data Processor.
"Personal Data" means any information relating to an identified or identifiable natural person, as defined under applicable data protection law.
"AI Features" means the automated assessment functionality powered by artificial intelligence that grades, evaluates, and provides feedback on student work.
"Print Books" means physical educational materials and supplementary textbooks supplied by OneLern to Institutions.
"Subscription" means the contractual arrangement whereby an Institution or Ministry subscribes to access the Platform and Services.
"Caribbean Territory" means any of the following: British Virgin Islands, Antigua and Barbuda, Saint Lucia, Grenada, or Saint Kitts and Nevis.
"International Transfer" means the transfer of personal data from a Caribbean Territory to servers located in India for processing.
SECTION 2: ACCEPTANCE AND ELIGIBILITY
2.1 Binding Agreement. By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and all documents incorporated by reference, including the Privacy Policy, Data Processing Addendum, and Acceptable Use Policy. If you do not agree to these Terms, you must immediately cease accessing the Platform.
2.2 Institutional Subscription. The Platform is primarily subscribed to by Institutions and Ministries of Education on behalf of their users (Teachers, Students, Parents, Administrators). By subscribing to the Platform, the Institution represents and warrants that it has authority to enter into these Terms and to bind all users it designates.
2.3 Student Users and Parental Consent. For Student users who are minors (under 18 years of age), these Terms are binding on the Student's Parent/Guardian. The Institution or Parent/Guardian must ensure that parental or guardian consent is obtained in writing before the Student's account is created on the Platform. Without valid parental consent, no Student account shall be created. The Institution is responsible for obtaining, documenting, and maintaining evidence of parental consent.
2.4 International Data Transfer Acknowledgment. By accepting these Terms, you acknowledge and accept that all personal data, including Student data, is transferred from the Caribbean Territory to servers located in India for processing. This transfer is subject to Standard Contractual Clauses and other safeguards detailed in the Privacy Policy and Data Processing Addendum. If you do not consent to this international data transfer, you must not use the Platform.
2.5 Legal Capacity. You represent and warrant that you are of legal age (18 years or older) and possess the legal authority to enter into these Terms. If you are using the Platform on behalf of an Institution, you represent that you are authorized to bind the Institution.
SECTION 3: INTERNATIONAL DATA TRANSFER NOTICE
IMPORTANT - Please read this section carefully.
3.1 Transfer to India. All personal data processed through the OneLern Platform, including student academic data, teacher professional information, parent contact information, and usage logs, is transferred from the applicable Caribbean Territory and processed on servers located in India. This includes data of all user categories: Students, Teachers, Parents/Guardians, School Administrators, and institutional contacts.
3.2 Adequacy Status. India is not currently recognized as providing an adequate level of data protection equivalent to that required by the GDPR or applicable Caribbean data protection laws. Therefore, the transfer of personal data to India requires specific safeguards and legal mechanisms.
3.3 Transfer Safeguards. The transfer of personal data to India is protected by Standard Contractual Clauses (SCCs) as approved by the European Commission and adapted for use under applicable Caribbean data protection laws. These clauses are incorporated into the Data Processing Addendum. The SCCs are designed to provide appropriate safeguards for the personal data transferred.
3.4 Transfer Impact Assessment. OneLern has conducted a Transfer Impact Assessment evaluating the risks of transferring Caribbean personal data to India, including assessment of the Indian legal framework, government access to data, and remedies available to data subjects. This assessment is available upon request by contacting legal@onelern.com.
3.5 Additional Safeguards. In addition to SCCs, the personal data is protected by: (a) encryption in transit (TLS 1.2 or higher) and at rest (AES-256 or equivalent); (b) role-based access controls limiting who in India can access data; (c) contractual obligations requiring OneLern's Indian operations to maintain GDPR-equivalent protections; and (d) audit rights allowing the Data Controller and supervisory authorities to audit processing in India.
3.6 Right to Refuse Transfer. If you do not consent to the transfer of personal data to India, you must not create accounts or use the Platform. Institutions that do not wish their data transferred to India should contact legal@onelern.com to discuss alternative arrangements.
SECTION 4: USER ROLES AND RESPONSIBILITIES
4.1 Ministry of Education / School Management
The Ministry of Education or School Management (Institution Owner) that subscribes to the OneLern Platform has the following responsibilities:
(a) Authority: You represent that you have the authority to subscribe to the Platform on behalf of all users within your Institution or Ministry.
(b) Institutional Compliance: You are responsible for ensuring that your Institution's use of the Platform complies with all applicable laws and regulations in your Caribbean Territory, including data protection law, education law, and children's protection laws.
(c) Parental Consent: You are solely responsible for obtaining, documenting, and maintaining written parental consent from Parents/Guardians before creating Student accounts. OneLern will not create Student accounts without your confirmation of consent status.
(d) User Assignment: You are responsible for accurately assigning user roles (Student, Teacher, Administrator) and for maintaining the accuracy and security of user lists.
(e) Data Controller Functions: You act as Data Controller for all personal data processed on the Platform on behalf of your Institution. You must comply with all data protection obligations including maintaining processing records, conducting Data Protection Impact Assessments, notifying supervisory authorities of breaches, and facilitating data subject rights requests.
(f) Ministry Reporting: If the Ministry of Education requires aggregate or individual student data for government reporting purposes, you must ensure that such data sharing complies with applicable law and that students/parents are informed.
4.2 School Administrator
(a) Account Management: You are responsible for managing user accounts, assigning roles, adding/removing users, and ensuring that user credentials are kept confidential.
(b) Data Accuracy: You must ensure that all user information (names, email addresses, grades, subjects) is accurate and up-to-date. You must promptly correct any inaccurate information.
(c) Professional Conduct: You must use the Platform only for legitimate institutional purposes and in accordance with institutional policies and applicable law.
(d) Confidentiality: You must maintain the confidentiality of all user credentials and sensitive data and must not share login information.
4.3 Teacher
(a) Educational Purpose: You are authorized to use the Platform exclusively for legitimate educational purposes—creating content, assigning assessments, grading student work, providing feedback, and communicating with students and parents.
(b) AI Assessment Review: You must independently review all automated assessments generated by the Platform's AI features before communicating results to students or parents. AI-generated assessments are tools to support your professional judgment, not replacements for teacher assessment.
(c) Student Data Access: You have access only to the student data of students assigned to your classes or subjects. You must not access data of other students.
(d) Professional Conduct: You must communicate professionally with students and parents through the Platform and must not engage in inappropriate conduct or language.
(e) Data Protection: You must treat all student data as confidential and must not disclose student information outside the educational context without appropriate consent.
4.4 Student
(a) Authorized Use: You are authorized to use the Platform to access educational content, complete assessments, submit work, and track your learning progress.
(b) Academic Integrity: You must complete all work honestly and in accordance with your school's academic integrity policies. You must not submit work that is not your own, and you must not attempt to manipulate, cheat on, or artificially inflate AI assessments.
(c) Credential Security: You are responsible for keeping your login credentials confidential. You must not share your password or login information with others.
(d) Appropriate Conduct: You must not engage in bullying, harassment, inappropriate language, or other misconduct on the Platform.
(e) Right to Human Review: You have the right to request human review of any AI-generated assessment by your teacher or school administrator.
4.5 Parent / Guardian
(a) Account Creation: Your Parent/Guardian account is created using your email address as your login identifier. You are responsible for maintaining the confidentiality of your email account and password.
(b) Parental Oversight: You are responsible for overseeing your child's use of the Platform. You should regularly review your child's progress, communicate with teachers, and ensure your child is using the Platform appropriately.
(c) Consent: By registering on the Platform, you confirm that you have provided written parental consent for your child's data to be processed on the Platform, transferred to India, and used for educational purposes as described in the Privacy Policy.
(d) Right to Withdraw Consent: You may withdraw parental consent at any time by contacting your school's data protection contact or legal@onelern.com. Upon withdrawal, the Student's account will be deactivated and data will be retained in accordance with applicable law.
(e) Access to Information: You have the right to access information about your child's progress, assessments, and data processing. You may request this information from your school or directly from OneLern at legal@onelern.com.
SECTION 5: PLATFORM SERVICES
5.1 Educational Content Delivery. OneLern delivers digital educational content aligned to K-12 curricula in partner territories. Content is organized by subject, grade level, and learning objectives.
5.2 AI-Powered Automated Assessments. The Platform includes artificial intelligence features that automatically grade and evaluate student academic work. These features provide instant feedback to support learning. However, all AI-generated assessments are subject to human educator review before final academic decisions are made.
5.3 Performance Tracking and Analytics. The Platform tracks student progress through learning activities, assessments, and time spent on content. This data is presented to Teachers and Parents to support educational decision-making.
5.4 Communications. The Platform provides messaging and communication features between Teachers and Students, Teachers and Parents, and Administrators and other users for educational purposes.
5.5 Ministry Reporting and Administrative Features. For government schools, the Platform may provide reporting features that generate aggregate data for Ministry of Education requirements.
5.6 Print Books. OneLern supplies supplementary physical textbooks to partner schools. Print book terms, pricing, and delivery are governed by separate print book agreements.
SECTION 6: AI-POWERED AUTOMATED ASSESSMENTS AND ARTICLE 22 COMPLIANCE
6.1 AI Assessment Function. The OneLern Platform uses artificial intelligence to automatically grade student work, generate performance scores, and provide feedback. AI assessments are generated based on predefined rubrics and learning standards.
6.2 Tool Status, Not Final Determination. All AI-generated assessments are tools provided to support educators' professional judgment. AI results do NOT constitute final academic determinations, grades, or decisions. Final grades and academic decisions must be made by qualified human educators.
6.3 Required Human Review. Before any AI-generated assessment result is communicated to a student or parent, or before any academic decision is made based on an AI assessment, the assessment must be independently reviewed and approved by a qualified educator (Teacher or School Administrator).
6.4 Right to Human Review (GDPR Article 22). Under GDPR Article 22 and equivalent provisions of applicable Caribbean data protection law, students and parents have the explicit right not to be subject to decisions based solely on automated processing that significantly affect them. In the context of education:
(a) No AI assessment shall constitute a final academic grade, promotion decision, or other significant educational determination without prior review and approval by a qualified human educator.
(b) Students and Parents may request human review of any AI-generated assessment at any time by contacting their Teacher, School Administrator, or OneLern at legal@onelern.com.
(c) Within 5 business days of request, the School Administrator must ensure that a qualified educator conducts a full human review and provides the student/parent with the results and any revised assessment.
6.5 Educator Training. Teachers using the AI assessment features on OneLern must receive appropriate training on interpreting AI results, understanding the limitations of AI assessment, and using AI results appropriately in educational decision-making.
6.6 Accuracy and Limitations. While OneLern endeavors to make AI assessments as accurate as possible, educators must understand that AI systems may have limitations and may occasionally produce inaccurate results. Educators should use professional judgment when reviewing AI results and should not rely solely on AI assessments.
SECTION 7: PRINT BOOKS
7.1 Supply and Delivery. OneLern supplies supplementary physical textbooks and educational materials to partner schools in Caribbean territories. These are optional educational resources that complement the digital Platform.
7.2 Separate Terms. Print book supply, pricing, delivery, and return terms are governed by separate Print Book Supply Agreements between OneLern and the Institution. These Terms do not govern print book transactions.
7.3 Caribbean Logistics. Given the geographic locations of Caribbean territories, all print book orders are subject to international shipping, customs clearance, and local import regulations. Delivery timelines may be extended due to customs processing or shipping delays.
SECTION 8: ACCOUNT CREATION AND MANAGEMENT
8.1 Institutional Accounts. Institution administrators create accounts for the Institution and manage subscriptions. The Institution must provide accurate institutional information including: legal entity name, registration number, address, and authorized administrator contact details.
8.2 Individual User Accounts. School Administrators create individual user accounts for Teachers, Students, and Parents/Guardians. All user accounts must be created using accurate personal information. Institutions are responsible for maintaining account accuracy.
8.3 Parental Consent for Student Accounts. No Student account may be created without confirmed parental consent. The Institution must collect written parental consent using OneLern's standard consent forms or equivalent forms compliant with applicable law. The Institution must maintain documentation of parental consent.
8.4 Parent Email as Login ID. For Parent/Guardian accounts in Caribbean territories, the Parent/Guardian's email address serves as the login identifier. Parents are responsible for maintaining the security of their email account and password used to access the OneLern Platform.
8.5 Credential Confidentiality. All users must keep login credentials confidential and must not share passwords. Users are responsible for all activity that occurs under their account. Any suspected unauthorized access must be reported immediately to the School Administrator.
8.6 Data Breach Notification. In the event of a data breach or suspected unauthorized access, OneLern will notify the Institution without undue delay and within 24 hours of discovery. OneLern will cooperate with the Institution and applicable supervisory authorities regarding breach notification obligations.
SECTION 9: INTELLECTUAL PROPERTY
9.1 Platform Ownership. All intellectual property rights in the OneLern Platform, including all software, code, content, design, features, and functionality, are owned exclusively by FortunaPIX Inc. or FortunaPIX Private Limited. No ownership is transferred by these Terms.
9.2 License Grant. OneLern grants to each Institution a limited, non-exclusive, non-transferable license to access and use the Platform solely for the Institution's authorized educational purposes during the subscription period.
9.3 Student Work Ownership. Institutions and Students retain ownership of student work (assignments, essays, projects) created by Students on the Platform. However, OneLern retains the right to use anonymized or aggregated student work data for Platform improvement and analytics.
9.4 Restrictions. You may not: (a) reproduce, modify, or create derivative works of the Platform; (b) reverse engineer, decompile, or attempt to derive the source code; (c) remove or alter any copyright notices or proprietary markings; (d) rent, lease, or transfer the Platform; (e) use the Platform to develop competing educational products.
SECTION 10: DATA PROTECTION AND INTERNATIONAL TRANSFERS
10.1 Data Controller and Processor. With respect to personal data processed through the Platform:
(a) Data Controller: The Institution or Ministry is the Data Controller and determines the purposes and means of processing student and teacher personal data.
(b) Data Processor: OneLern (FortunaPIX Inc. and FortunaPIX Private Limited) acts as Data Processor and processes personal data only on the instructions of the Data Controller.
10.2 Personal Data Processing. The Platform processes the following categories of personal data: (a) Student data (name, grade, academic performance, assessment results); (b) Teacher data (name, email, professional information); (c) Parent/Guardian data (name, email address); (d) Technical and usage data (IP address, device type, login activity).
10.3 International Transfer. All personal data is transferred from the applicable Caribbean Territory and processed on servers located in India. This constitutes an international transfer of personal data subject to data protection law. The transfer is protected by Standard Contractual Clauses as detailed in the Data Processing Addendum and Privacy Policy.
10.4 Transfer Safeguards. OneLern implements the following safeguards for international transfers: (a) Standard Contractual Clauses (SCCs) incorporated into the Data Processing Addendum; (b) Encryption in transit (TLS 1.2+) and at rest (AES-256); (c) Role-based access controls limiting data access in India; (d) Contractual obligations ensuring GDPR-equivalent protections; (e) Audit rights for supervisory authorities.
10.5 Data Protection Compliance. The Processing of personal data is conducted in compliance with the GDPR (where applicable to international transfers), applicable Caribbean data protection laws (BVI Data Protection Act 2021, Antigua Data Protection Act 2013), and other applicable regulations. Full details are provided in the Privacy Policy and Data Processing Addendum.
SECTION 11: FEES AND SUBSCRIPTION
11.1 Subscription Model. OneLern is offered on a subscription basis. Subscription fees are negotiated between OneLern and the Institution based on the number of users, features, and duration.
11.2 Payment Terms. Subscription fees and payment terms are set forth in the Subscription Agreement or Order Form between OneLern and the Institution. All fees are exclusive of applicable sales tax, VAT, or other government taxes.
11.3 Government Procurement. For government schools and Ministry partnerships, subscriptions must comply with applicable government procurement regulations and processes in the relevant Caribbean Territory. The Institution is responsible for ensuring compliance with its own procurement policies.
11.4 Renewal and Modification. Subscription terms are renewable subject to mutual agreement. OneLern may propose modifications to features, pricing, or terms. Material modifications will be communicated with at least 30 days' notice.
SECTION 12: TERMINATION
12.1 Termination by OneLern. OneLern may terminate the subscription and access to the Platform if: (a) the Institution breaches material terms of these Terms and does not cure the breach within 30 days of written notice; (b) the Institution violates applicable law; (c) the Institution fails to pay subscription fees within 30 days of due date.
12.2 Termination by Institution. The Institution may terminate the subscription by providing written notice to OneLern in accordance with the terms of the Subscription Agreement.
12.3 Effect of Termination. Upon termination: (a) all user accounts will be deactivated; (b) access to the Platform will be disabled; (c) the Institution's data will be retained and handled according to the Data Retention section of the Privacy Policy.
12.4 Data Return and Deletion. Upon termination or at the Institution's request, OneLern will, at the Institution's option, either: (a) return all Institution and Student data in machine-readable format within 30 days; or (b) securely delete all data in accordance with the Privacy Policy. OneLern will confirm completion in writing.
12.5 Survival. Sections regarding data protection, limitation of liability, governing law, and any other provisions that by their nature are intended to survive termination shall survive the termination of these Terms.
SECTION 13: DISCLAIMER OF WARRANTIES
13.1 "As Is" Service. The OneLern Platform and all Services are provided on an "as is" and "as available" basis. OneLern makes no warranties, express or implied, regarding the Platform's performance, reliability, or fitness for any particular purpose.
13.2 Service Availability. OneLern does not warrant continuous, uninterrupted service. The Platform may be unavailable for scheduled maintenance, updates, or due to technical issues. OneLern will endeavor to minimize service interruptions but does not guarantee 100% uptime.
13.3 Caribbean Internet Infrastructure. Institutions and users in Caribbean territories acknowledge that internet infrastructure in some territories may be limited or unreliable. OneLern does not warrant that service will be available in areas with poor internet connectivity. Institutions are responsible for ensuring adequate internet infrastructure at their locations.
13.4 AI Assessment Limitations. While OneLern endeavors to make AI assessments as accurate as possible, OneLern does not warrant that AI assessments will be 100% accurate. All AI-generated assessments must be reviewed by human educators before making academic decisions.
13.5 Disclaimer of Consequential Damages. OneLern shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from use of the Platform, even if advised of the possibility of such damages.
SECTION 14: LIMITATION OF LIABILITY
14.1 Cap on Liability. Except where prohibited by applicable law, OneLern's total liability for any claim arising under these Terms shall not exceed the total subscription fees paid by the Institution in the 12 months preceding the claim.
14.2 Excluded Damages. In no event shall OneLern be liable for: (a) indirect, incidental, special, or consequential damages; (b) lost profits, lost data, or loss of use; (c) damages arising from third-party services or content.
14.3 Carve-Outs for Data Protection. Notwithstanding the foregoing limitation, OneLern shall not limit its liability for: (a) breaches of data protection obligations under GDPR, BVI DPA 2021, Antigua DPA 2013, or applicable Caribbean law; (b) unauthorized disclosure of personal data; (c) data breaches caused by OneLern's negligence or gross negligence; (d) violations of data subject rights.
14.4 Carve-Outs for Fraud and Gross Negligence. OneLern shall not limit its liability for fraud, fraudulent misrepresentation, gross negligence, or willful misconduct by OneLern.
SECTION 15: INDEMNIFICATION
15.1 Institution Indemnity. The Institution agrees to indemnify, defend, and hold harmless OneLern from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from: (a) the Institution's breach of these Terms; (b) the Institution's use of the Platform in violation of applicable law; (c) the Institution's failure to obtain parental consent for Student accounts; (d) Student or Teacher misconduct on the Platform; (e) third-party claims related to Institution data or activities.
15.2 Data Indemnity. The Institution specifically agrees to indemnify OneLern for any claims arising from the Institution's failure to obtain valid parental consent before creating Student accounts or processing Student personal data.
SECTION 16: PROHIBITED CONDUCT
All users agree not to engage in any of the following activities on the OneLern Platform:
16.1 Unauthorized Access. Attempting to gain unauthorized access to the Platform, user accounts, or Systems; using another person's credentials; bypassing access controls or security measures.
16.2 Data Misuse. Accessing, collecting, or using personal data of other users without authorization; attempting to identify individuals from anonymized data; using data for purposes other than education.
16.3 Harmful Content. Posting, uploading, or transmitting content that is illegal, threatening, harassing, defamatory, obscene, sexually explicit, or that violates the rights of others.
16.4 Academic Dishonesty. For Students: submitting work that is not your own; copying work from others; cheating on assessments. For Teachers: providing students with assessment answers in advance; manipulating assessments for inappropriate advantage.
16.5 AI Assessment Manipulation. Attempting to manipulate, cheat on, or artificially inflate AI assessments; reverse engineering the AI assessment system; attempting to game the Platform to achieve false results.
16.6 Security Violations. Introducing malware, viruses, or malicious code; attempting to disrupt or interfere with Platform operations; probing Platform security; conducting denial-of-service attacks.
16.7 Commercial Misuse. Using the Platform for commercial purposes; reselling Platform access; using the Platform to develop competing products; scraping content for unauthorized purposes.
16.8 Impersonation. Impersonating another user, teacher, parent, or OneLern staff member; creating false accounts or profiles.
16.9 Privacy Violations. Violating GDPR data subject rights; attempting to profile students; using student data for non-educational purposes; disclosing personal data without consent.
16.10 Intellectual Property Violations. Uploading or sharing copyrighted material without authorization; violating third-party intellectual property rights; circumventing copyright protections.
SECTION 17: DATA SUBJECT RIGHTS
17.1 Summary of Rights. Under GDPR, BVI DPA 2021, Antigua DPA 2013, and other applicable Caribbean data protection law, data subjects have the following rights regarding their personal data:
17.2 Right of Access (GDPR Article 15)
Data subjects have the right to obtain confirmation of whether personal data is being processed and to receive a copy of such data. OneLern will respond to access requests within 30 days of receipt.
17.3 Right to Rectification (GDPR Article 16)
Data subjects have the right to correct inaccurate or incomplete personal data. Schools may correct information directly in the Platform; requests may also be submitted to legal@onelern.com.
17.4 Right to Erasure / "Right to be Forgotten" (GDPR Article 17)
Data subjects may request deletion of personal data. OneLern will honor erasure requests except where legal obligations require retention (e.g., educational records required by law). Requests should be submitted to legal@onelern.com.
17.5 Right to Restriction of Processing (GDPR Article 18)
Data subjects may request restriction of processing while data accuracy or lawfulness is being verified.
17.6 Right to Data Portability (GDPR Article 20)
Data subjects have the right to receive their personal data in machine-readable format and to transmit such data to another organization. OneLern will provide data in standard formats (CSV, JSON, etc.) within 30 days.
17.7 Right to Object (GDPR Article 21)
Data subjects may object to processing of their personal data where processing is based on legitimate interests.
17.8 Rights Related to Automated Decision-Making (GDPR Article 22)
Data subjects have the right not to be subject to decisions based solely on automated processing that produce legal or similarly significant effects. Students and parents have the right to human review of AI assessments. All AI assessment decisions affecting students must include human educator review.
17.9 Right to Withdraw Consent
Where processing is based on consent, data subjects may withdraw consent at any time. Withdrawal does not affect the lawfulness of prior processing.
17.10 Right to Lodge a Complaint
Data subjects have the right to lodge a complaint with the relevant data protection supervisory authority in their territory:
• British Virgin Islands: BVI Information Commissioner's Office
• Antigua and Barbuda: Office of the Ombudsman (Data Protection Division)
• Saint Lucia, Grenada, Saint Kitts & Nevis: Relevant national authority or common law protections
17.11 Exercising Rights. To exercise any of the above rights, data subjects should contact legal@onelern.com with the subject line "Data Subject Rights Request - [Territory Name]" or contact their school's data protection contact.
SECTION 18: GOVERNING LAW AND JURISDICTION
18.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the Caribbean Territory in which the Institution is located, without regard to conflict of law principles. Specifically:
• For Institutions in British Virgin Islands: Laws of the British Virgin Islands
• For Institutions in Antigua and Barbuda: Laws of Antigua and Barbuda
• For Institutions in other Caribbean Territories: Laws of the respective Territory
18.2 Jurisdiction and Venue. Any dispute arising under these Terms shall be resolved in the courts of the applicable Caribbean Territory. The parties irrevocably consent to the jurisdiction of such courts.
18.3 Dispute Resolution. Prior to initiating litigation, the parties agree to attempt resolution through good-faith negotiation and mediation. If mediation is unsuccessful, disputes may be resolved through arbitration in accordance with the rules established by the applicable territory or through litigation in local courts.
SECTION 19: AMENDMENTS AND MODIFICATIONS
19.1 Right to Modify. OneLern may modify these Terms at any time. Material modifications will be communicated to Institutions with at least 30 days' advance written notice.
19.2 Changes Affecting Data Protection. Any changes affecting data protection obligations, international transfers, or data subject rights will be communicated with at least 30 days' notice and may require consultation with supervisory authorities where required by law.
19.3 Continued Use. Continued use of the Platform after the effective date of modified Terms constitutes acceptance of the modifications. Institutions that do not accept modifications may terminate the subscription.
SECTION 20: CONTACT INFORMATION
For inquiries, complaints, or requests related to these Terms, the Platform, or data protection matters, please contact:
OneLern Legal & Compliance Department
Email: legal@onelern.com
Mailing Address: FortunaPIX Private Limited, Plot No. 101, Kavuri Hills - Phase II, Hyderabad, Telangana 500033, India
Website: www.onelern.com
SECTION 21: GENERAL PROVISIONS
21.1 Entire Agreement
These Terms, together with the Privacy Policy, Data Processing Addendum, Acceptable Use Policy, and any Subscription Agreement, constitute the entire agreement between the parties regarding the subject matter and supersede all prior or contemporaneous negotiations, representations, or agreements.
21.2 Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions shall continue in full force and effect.
21.3 Waiver
No waiver of any provision of these Terms shall be effective unless in writing and signed by both parties. Failure to enforce any right or provision shall not constitute a waiver of such right or provision.
21.4 Assignment
The Institution may not assign or transfer these Terms without OneLern's prior written consent. OneLern may assign these Terms to any successor entity.
21.5 Notice
All notices under these Terms shall be in writing and shall be delivered by email to legal@onelern.com (for OneLern) or to the Institution's designated administrator email address.
21.6 Counterparts
These Terms may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
