Terms of Service

Plain-Language Summary

This summary highlights important points but does not replace the full Terms below. If there is a conflict, the full Terms control to the extent permitted by applicable law.

• For students under 18, a parent or legal guardian must enroll the student, authorise participation, and remain responsible for the account and payments.
• Classes may include live video, audio, screen sharing, chat, chess-board activity, assignments and coach feedback. Academy-authorised recordings may be made for quality, safeguarding, training, dispute resolution and service improvement, subject to applicable law and the Privacy Policy.
• Students must follow fair-play rules. Chess-engine assistance, outside help, impersonation, account sharing, abusive behaviour and unauthorised recording are prohibited.
• Fees, package duration, class frequency, renewal terms and any special commercial terms communicated at purchase form part of the agreement. Except where Upstep expressly agrees otherwise in writing or applicable mandatory law requires otherwise, all fees paid to Upstep are final and non-refundable. Any cancellation, rescheduling, class credit, extension or package adjustment is governed by these Terms and the applicable commercial terms.
• Students and parents may use course materials for personal learning only. They may not copy, sell, publish, upload, redistribute or commercially exploit Academy materials or recordings.
• Upstep Academy does not guarantee ratings, tournament results, scholarships, titles, admissions, winnings or any specific chess outcome.
• Indian law and Mumbai courts are the contractual default for disputes, but mandatory consumer rights and jurisdiction rules in a student’s country may still apply.

1. About These Terms

1.1 Who we are

Upstep Academy is a brand operated by Upstep Education Private Limited (“Upstep”, “Upstep Academy”, “we”, “us” or “our”). We provide online chess education and related services to students in India and internationally through our Website, video-conferencing services, chess platforms, messaging tools and other approved learning technologies.

1.2 What these Terms cover

These Terms of Service & Student/Parent Agreement (“Terms”) govern access to and use of our website, demo classes, paid classes, one-to-one coaching, group coaching, masterclasses, camps where offered, learning materials, assessments, tournaments, events, community features and related services (collectively, the “Services”).

1.3 Documents that form the agreement

The agreement between you and Upstep may include: (a) these Terms; (b) the Privacy Policy; (c) the Course Terms and Conditions, where applicable; (d) the Refund Policy; (e) the Cancellation Policy; (f) the relevant order, invoice, payment page, enrollment confirmation or package description; and (g) any specific written terms expressly agreed by Upstep for a particular programme, tournament or promotion. If a specific written commercial term conflicts with these Terms, that specific term controls for that transaction to the extent expressly stated, except where prohibited by applicable law.

1.4 Acceptance without a checkbox

These Terms are published on our Website and apply to the Services provided by Upstep.

To the fullest extent permitted by applicable law, you accept and agree to be bound by these Terms when, after having reasonable notice of them, you purchase or renew a Service, submit an enrollment or booking, schedule or attend a demo or class, make a payment, permit a Student to participate, create or use an Account, access our learning management system, or otherwise access or use the Services.

Where the Student is a Minor, the Parent who enrolls the Student, purchases or renews the Services, makes payment, permits the Student to participate, or otherwise authorises the Student’s use of the Services agrees to these Terms on behalf of the Minor and in the Parent’s own capacity, to the extent permitted by applicable law.

If you do not agree to these Terms, you should not purchase, enroll in, access or use the Services.

Where applicable law requires a separate, express, specific or verifiable consent for a particular activity or processing purpose, general acceptance of these Terms will not replace such consent.

1.5 Mandatory legal rights

Nothing in these Terms excludes, restricts or modifies any right, guarantee, remedy, liability or jurisdiction that cannot lawfully be excluded or restricted. If a clause is inconsistent with a mandatory consumer-protection rule applicable to you, the mandatory rule prevails to the minimum extent necessary.

2. Definitions

Account: any account, profile, enrollment record or login used to access the Services.

Coach: a chess coach, trainer, instructor, mentor, tournament official or other teaching professional engaged or authorised by Upstep.

Content: all text, graphics, videos, audio, chess positions, puzzles, lesson plans, annotations, worksheets, assignments, databases, software, branding and other material made available through the Services.

Parent: a parent, legal guardian or other adult who has lawful authority to enroll or authorize a Minor’s participation.

Minor: a person under 18 years of age.

Student: the individual receiving or participating in the Services, whether an adult or a Minor.

User: a Parent, Student or other person who accesses the Website or Services.

Website: https://www.upstepacademy.com and any Upstep-controlled webpage or web application through which the Services are offered.

3. Eligibility, Minors and Parent/Guardian Responsibility

3.1 Adult contracting party for Minors

A Minor may participate in the Services only with the involvement and authorisation of a Parent. The Parent who purchases, enrolls, books, or authorises participation enters into the agreement with Upstep on the Minor’s behalf and in the Parent’s own capacity. The Parent represents that they have legal authority to do so.

3.2 Parent responsibilities

For a Minor, the Parent is responsible for:

• providing accurate age and contact information and updating it when it changes;
• reviewing these Terms and the Privacy Policy;
• ensuring that any legally required parental consent is validly provided;
• supervising the Minor to a degree appropriate to the Minor’s age, maturity, location and the nature of the class;
• ensuring the Minor uses an appropriate device, internet connection and safe learning environment;
• monitoring the Minor’s communications with Coaches and other students where reasonably appropriate;
• ensuring that the Minor follows the Student Code of Conduct, Fair Play rules and safeguarding requirements; and
• all fees, charges and authorised purchases associated with the enrollment.

3.3 No direct contracting by children

A Minor should not independently purchase paid Services or provide payment credentials.

3.4 Age thresholds under privacy law

Different countries apply different age thresholds for children’s privacy and consent. Our treatment of children’s personal data is governed by the Privacy Policy and applicable law. Contractual participation under these Terms does not by itself constitute any privacy consent that must legally be obtained in a separate or verifiable manner.

4. Accounts, Registration and Communications

4.1 Accurate information

You must provide information that is accurate, current and reasonably complete. You must not impersonate another person, provide a false age, create misleading student identities, or use another person’s payment or contact details without authorization.

4.2 Account security

You are responsible for protecting account credentials and for activity conducted through your Account, except to the extent caused by Upstep’s failure to use reasonable security. Notify us promptly through the contact channels published on the Website if you suspect unauthorised access.

4.3 Operational communications

We may send service-related communications reasonably necessary to deliver the Services, including class links, schedule changes, homework reminders, payment receipts, renewal notices, safety notices and support messages by email, SMS, WhatsApp, telephone or other channels you have provided or used with us. Marketing communications are handled separately in accordance with applicable law and the Privacy Policy, and opt-out rights remain available where required.

5. Description of Services

5.1 Live online classes

Upstep provides live online chess instruction using approved video-conferencing and chess-learning tools. Sessions may include video, audio, screen sharing, digital chess boards, chat, quizzes, puzzles, annotations, homework and feedback.

5.2 One-to-one coaching

One-to-one sessions provide individualised instruction. A specific Coach is not guaranteed unless expressly stated in writing. We may substitute a Coach because of illness, availability, safeguarding concerns, quality management, scheduling or operational requirements. We will use reasonable efforts to provide a suitably qualified replacement.

5.3 Group coaching and batches

Group composition, batch size, Coach assignment, class timing and progression may change reasonably over time. We may merge, split or reorganise batches where necessary to maintain an appropriate instructional level, attendance level or operational viability, while using reasonable efforts to avoid material disruption.

5.4 Demo or trial classes

Demo or trial classes are intended to allow prospective students and Parents to understand our teaching approach. A demo may be free or paid as stated at booking. Availability, Coach assignment, duration and content may differ from a paid course. Participation in a demo does not guarantee admission into a particular batch, Coach assignment, price or future slot.

5.5 Masterclasses, camps and special programs

Special programmes may have separate eligibility, schedules, attendance expectations, competition requirements or fees. The applicable Course Terms and Conditions and any programme-specific terms supplied at registration form part of the agreement.

5.6 Tournaments and events

Upstep may organise or facilitate online or in-person chess tournaments, leagues, simul events or competitions. Tournament-specific rules, time controls, age/rating categories, platform rules, anti-cheating measures, prize conditions and eligibility requirements may apply. Participation may also be subject to the rules of third-party chess platforms or governing bodies.

5.7 Educational nature; no outcome guarantee

Chess improvement depends on many factors outside our control, including attendance, practice, age, prior experience, effort, competition exposure and individual aptitude. We do not guarantee any rating increase, title, tournament placement, scholarship, school admission, prize, selection, earnings or other specific result.

6. Scheduling, Attendance, Rescheduling and Missed Classes

6.1 Schedule information

Class frequency, timing, duration and package validity are communicated during enrollment, in the applicable Course Terms and Conditions, programme description, invoice, order confirmation or schedule. The Parent or adult Student is responsible for verifying the applicable time zone unless Upstep expressly confirms the local time in writing.

6.2 Student-requested rescheduling

For one-to-one sessions, a request to reschedule should ordinarily be made at least 24 hours before the scheduled start time through an approved Upstep communication channel. Where a different notice period is stated for the purchased plan, that specific period applies. Requests made with less notice may be treated as a missed session, except where required by law or where Upstep agrees otherwise because of exceptional circumstances.

6.3 Group classes

Group sessions follow the published batch schedule and generally cannot be individually rescheduled because one student is absent. Where available, Upstep may provide a recording, worksheet, alternative batch, make-up session or other learning support, but this is not guaranteed unless included in the purchased plan.

6.4 Late arrival and no-show

A class may proceed for the remaining scheduled time if the Student joins late. If the Student does not attend, or is materially late without notice, the session may be counted as delivered.

6.5 Upstep-side cancellation or Coach absence

If Upstep cancels or is unable to deliver a scheduled class, Upstep may reschedule the class, provide a replacement class or Coach, extend the applicable package validity, issue a service credit, or provide another reasonable alternative.

Any refund, credit or other financial remedy arising from an Upstep-side cancellation or inability to deliver a Service will be governed by Section 12, the Refund Policy and applicable mandatory law.

6.6 Technical issues

Students are responsible for a functioning device, compatible software, camera/microphone where required and reliable internet access. If a Student-side technical problem prevents attendance, the session may be treated under the missed-class rules. If a material Upstep-side technical failure prevents delivery, we will use reasonable efforts to reschedule or provide an appropriate remedy.

7. Student Code of Conduct

7.1 Respectful classroom behavior

Students must behave respectfully and safely toward Coaches, staff and other students. The following are prohibited:

• harassment, bullying, threats, hate speech, discriminatory conduct or repeated personal insults;
• sexual, obscene, graphic or otherwise age-inappropriate content or behaviour;
• sharing another person’s personal information, contact details, photos, recordings or private messages without permission;
• deliberately disrupting classes, spamming chat, abusive microphone use, screen-sharing inappropriate material or interfering with another student’s learning;
• impersonating another student, Parent, Coach or Upstep representative;
• attempting to obtain unauthorised access to accounts, systems, class links or recordings; and
• any conduct that creates a reasonable safeguarding, security or welfare concern.

7.2 Safe online learning environment

Students should participate from an appropriate environment. For younger students, Parents should remain reasonably available during class. Students must not expose highly sensitive personal information on camera or in chat. Class links must not be publicly posted or shared with unauthorised persons.

7.3 Coach-student communications

Educational communications should take place through Upstep-approved channels, accounts and systems. Students must not pressure Coaches to communicate privately through personal accounts or to circumvent Academy processes. A Parent should be included or have visibility where reasonably appropriate for a Minor. Upstep may restrict or redirect communications to protect students, Coaches and staff.

7.4 Consequences

Depending on seriousness and frequency, we may issue a warning, mute or remove a participant from a session, require Parent involvement, change the student’s batch, restrict communication features, suspend access, disqualify a tournament participant or terminate Services. We will act proportionately and consider safeguarding and fairness. Serious safety, fraud, cheating or abuse concerns may justify immediate action.

8. Chess Fair Play and Anti-Cheating Rules

8.1 Core rule

Students must play and complete assessed chess activities using their own unaided judgment unless the Coach expressly permits analysis tools or collaboration for a learning exercise.

8.2 Prohibited assistance

During rated, competitive, assessed or otherwise designated fair-play activities, Students must not:

• use a chess engine, AI move recommender, opening database, analysis board, book, notes or software that provides live assistance;
• receive moves, evaluations or strategic advice from another person;
• use another person’s account or allow another person to play on the Student’s behalf;
• use unauthorised extensions, scripts, bots, remote-control tools or secondary devices to obtain assistance;
• manipulate ratings, pairings, results or tournament systems; or
• knowingly coordinate results, collude or engage in any conduct prohibited by the relevant tournament or chess-platform rules.

8.3 Educational engine use

Chess engines and AI tools may be used after games or during Coach-directed analysis when permitted. The issue is unauthorised assistance, not the technology itself.

8.4 Fair-play review and decisions

Where cheating is suspected, Upstep may review game records, platform fair-play determinations, timing patterns, account history, session recordings where lawfully available, Coach observations and other reasonably relevant evidence. We may request an explanation from the Student or Parent. We are not required to disclose confidential anti-cheating methods or third-party detection systems where disclosure could undermine fair play, privacy or security.

8.5 Consequences of cheating

Confirmed or reasonably substantiated cheating may result in educational intervention, warnings, score adjustment, forfeiture, removal from an event, loss of prizes, suspension or termination. Any prize may be withheld or recovered where permitted by law and the tournament rules. Third-party platforms may apply their own independent sanctions.

9. Audio, Video and Class Recordings

9.1 Why sessions may be recorded

Upstep may record some live sessions, including video, audio, screen sharing, chat and digital-board activity, where lawful and appropriately notified. Legitimate purposes may include safeguarding, quality assurance, Coach training, resolving complaints or attendance disputes, service improvement, creating internal educational records, and providing authorised class playback.

9.2 Notice and consent

Recording practices are governed by the Privacy Policy and applicable law. Where separate parental or participant consent is legally required, Upstep will obtain it for the relevant purpose. Recording a class for the purposes in Section 9.1 does not itself authorise public or promotional use; such use is governed by Section 10, the Privacy Policy and applicable law.

9.3 Student and Parent recording prohibition

Students and Parents must not record, screenshot, livestream, reproduce or distribute a class, Coach, Student, chat, screen share or class recording without Upstep’s prior written permission and, where applicable, the permission of other identifiable participants. This protects minors, privacy, intellectual property and classroom safety.

9.4 Access to recordings

If Upstep provides access to a class recording, it is for the enrolled Student’s personal educational use only. The recording must not be downloaded, copied, uploaded to social media, publicly shared, sold, edited into other content or provided to third parties except where Upstep expressly permits it or law requires otherwise.

9.5 Retention and deletion

Recordings are retained only for the period reasonably necessary for the relevant purpose and in accordance with the Privacy Policy, legal obligations and safeguarding needs. Upstep may delete recordings without providing permanent archival access unless a specific service expressly promises continued access.

10. Student Achievements, Photos, Testimonials and Media Rights

10.1 Recognition and publication of Student achievements

Upstep Academy regularly celebrates and recognises the achievements, progress and accomplishments of Students enrolled in its programmes.

Subject to applicable law, Upstep may publish or share information relating to a Student’s chess achievements or participation, including the Student’s name, photograph, chess rating, rating improvement, tournament result, ranking, award, certificate, title, qualification, selection, milestone or other relevant achievement, through Upstep’s official communication and promotional channels.

These channels may include the Upstep Academy Website, social media accounts, WhatsApp communications or groups, newsletters, email communications, brochures, presentations, advertisements, promotional materials and other official Upstep communication channels.

Such recognition may relate to achievements obtained through Upstep programmes as well as relevant chess achievements obtained by the Student in external tournaments, competitions, rating events or other chess activities while the Student is enrolled with Upstep.

10.2 Purpose of achievement recognition

Upstep may use Student achievement information for purposes including:

• recognising and celebrating Student performance;
• communicating Student and Academy achievements to the Upstep community;
• showcasing Student progress and educational outcomes;
• informing Parents and prospective Students about Upstep’s programmes;
• promoting Upstep Academy and its educational Services;
• maintaining records of notable Student achievements; and
• creating marketing, informational, educational or promotional content relating to Upstep and its Students.

Where permitted by applicable law, Upstep may determine the format, wording, design, platform, timing and duration of such publication.

10.3 Photographs, images and achievement materials

Achievement-related content may include photographs or images provided by the Student or Parent, photographs lawfully obtained by Upstep, tournament photographs, screenshots of chess results or standings, certificates, trophies, chess-board positions, ratings, rankings or other materials reasonably connected with the achievement.

Providing a photograph, certificate, tournament result or similar achievement material to Upstep does not transfer ownership of the original material to Upstep. However, subject to applicable law and any consent required under this Section, Upstep may reproduce, format, crop, resize, combine, caption and publish such material as reasonably necessary for the permitted use.

10.4 Additional consent where legally required

Where applicable law requires separate, express, specific or verifiable consent for the use or disclosure of a Student’s personal data, name, photograph, image, likeness, voice, testimonial or other identifiable information – particularly in relation to a Minor or for advertising, promotional or direct-marketing purposes – Upstep will obtain the required consent separately.

In those circumstances, enrollment in Upstep, payment for Services, participation in a programme, or general acceptance of these Terms will not by itself be treated as a substitute for any separate consent required by applicable law.

Nothing in this Section requires Upstep to obtain additional consent where the relevant publication, processing or use is otherwise lawfully permitted without such consent.

10.5 Testimonials and Student stories

Upstep may invite Students or Parents to provide testimonials, reviews, feedback, success stories, interviews or other statements regarding their experience with Upstep.

Where required by applicable law, Upstep will obtain appropriate permission before publicly associating an identifiable Student, particularly a Minor, with a testimonial, promotional story, advertisement or similar marketing communication.

Upstep may reasonably edit a testimonial for length, grammar, formatting or presentation, provided that the substance of the testimonial is not materially misrepresented.

10.6 Withdrawal of consent

Where a particular use is based on consent and applicable law provides a right to withdraw that consent, the Parent, Student or other person who provided the consent may request withdrawal through Upstep’s official contact channels.

Withdrawal will apply prospectively and will not ordinarily affect processing or publication that was lawful before the withdrawal.

To the extent permitted by applicable law, Upstep will not be required to recall or retrieve physical materials already distributed, publications already issued, or content reproduced by independent third parties outside Upstep’s reasonable control. Upstep will take reasonable steps regarding content remaining under its control where required by applicable law.

10.7 Privacy Policy

The collection, use, disclosure, retention and protection of personal information associated with Student achievements, photographs, testimonials, recordings and promotional materials is further governed by the Upstep Academy Global Privacy Policy.

If applicable privacy or children’s data-protection law provides greater protection than this Section, the applicable mandatory legal requirement will prevail to the extent required by law.

11. Fees, Payments, Taxes and Renewals

11.1 Fees

The price, currency, included sessions, package duration, class type and other material commercial terms are those communicated or displayed at the time of purchase or confirmed by Upstep in writing. Unless stated otherwise, fees are payable in advance.

11.2 Payment authorisation

By providing or using a payment method, the payer represents that they are authorised to use it and authorises the applicable charge. Payments may be processed by third-party payment gateways. Upstep generally does not receive or store complete card credentials where the payment processor handles them directly.

11.3 Currency, bank and tax charges

Prices may be quoted in INR, USD, GBP, EUR, AED, AUD, CAD, SGD or other currencies. Your bank, card issuer or payment service may apply exchange rates, international transaction charges, taxes or fees outside Upstep’s control. Taxes will be charged or included as required by applicable law.

11.4 Installments

Where an installment plan is offered, all installments forming part of the agreed purchase remain payable according to the agreed schedule, except where Upstep expressly agrees otherwise in writing or applicable mandatory law permits cancellation or otherwise relieves the payer of that obligation.

11.5 Renewals

A course or package does not automatically renew unless that feature is clearly disclosed at purchase and legally permitted. Where automatic renewal is offered, the applicable renewal frequency, price mechanics, cancellation method and any legally required reminder or consent process will be communicated. Otherwise, renewal requires a new purchase or affirmative confirmation.

11.6 Discounts and promotions

Promotions may have eligibility, expiry, non-transferability or package restrictions. Unless stated otherwise, discounts cannot be combined. Promotional terms do not reduce mandatory statutory rights.

12. Cancellations, Refunds and Package Adjustments

12.1 Fees, Refunds, Cancellations and Credits

Except where expressly agreed otherwise in writing by Upstep or required under applicable mandatory law, all fees paid to Upstep are final and non-refundable.

A Student’s or Parent’s decision to discontinue, pause, withdraw from, or otherwise stop attending the Services does not entitle the Student or Parent to a refund, whether in whole or in part, for unused classes, sessions, subscriptions, packages or programme periods.

Any cancellation, rescheduling, class credit, extension, package adjustment or other accommodation offered by Upstep is governed by: (a) the specific written terms applicable to the purchase or programme; (b) these Terms; (c) the Refund Policy; (d) the Cancellation Policy; and (e) any applicable Course Terms and Conditions.

Any credit, extension, rescheduling, replacement class or other accommodation provided by Upstep as a matter of customer service does not create a right to a cash refund and does not establish an obligation to provide the same accommodation in any other case.

Nothing in this Section excludes or limits any refund, cancellation right or statutory remedy that cannot lawfully be excluded under applicable mandatory consumer law.

12.2 Change of Mind, Withdrawal or Non-Use

Except where applicable mandatory law provides otherwise, a change of mind, change in personal circumstances, dissatisfaction with scheduling preferences, change of Coach preference, relocation, competing commitments, failure to attend, failure to schedule available sessions, temporary inability to participate, or a Student’s or Parent’s decision to discontinue, pause or withdraw from the Services does not create a right to a refund, whether in whole or in part.

Upstep may, at its sole discretion and subject to availability and applicable programme rules, offer a rescheduling, class credit, package extension, transfer, alternative batch, replacement session or other accommodation. Any such accommodation is provided as a customer-service measure and does not create an entitlement to a cash refund or establish a precedent or continuing obligation in respect of that Student, Parent or any other customer or transaction.

Nothing in this Section limits any cancellation, withdrawal or refund right that cannot lawfully be excluded under applicable mandatory law.

12.3 Unused Classes, Package Validity and Expiry

Classes, sessions, credits and other benefits included in a package must be used within the validity period communicated at the time of enrollment or purchase, or otherwise subsequently confirmed by Upstep in writing.

Unless Upstep expressly agrees otherwise in writing, unused classes, sessions, credits or other benefits remaining at the end of the applicable validity period will expire and will not be redeemable for cash or refundable.

A Student’s or Parent’s failure to attend, book, schedule or make reasonable use of available Services within the applicable validity period does not entitle the Student or Parent to a refund, extension, carry-forward, transfer or conversion of the unused portion into another programme, package or Service.

Upstep may, at its sole discretion, grant an extension, carry-forward, transfer, alternative arrangement or other accommodation in appropriate circumstances. Any such accommodation may be subject to conditions, revised schedules, Coach availability, programme availability or other reasonable requirements determined by Upstep, and does not create an obligation to provide the same or similar accommodation in any other case.

Mandatory rights under applicable law remain unaffected.

12.4 Upstep Cancellation, Inability to Deliver and Exceptional Refunds

If Upstep cancels or is unable to deliver a paid class or Service for reasons within its reasonable control, Upstep may, as appropriate, reschedule the class, provide a replacement class or Coach, provide an alternative batch or reasonably equivalent Service, extend the applicable package validity, issue a service credit, or provide another reasonable alternative.

Where Upstep can reasonably provide an equivalent replacement, rescheduling, extension, credit or other appropriate remedy, the cancellation, interruption or disruption will not by itself create a right to a cash refund, except where applicable mandatory law requires otherwise.

If Upstep permanently discontinues a paid Service and is unable to provide a reasonably equivalent replacement or alternative in respect of the undelivered portion, Upstep will provide such remedy as it determines appropriate in the circumstances, subject always to any remedy specifically required under applicable mandatory law.

Where Upstep expressly agrees in writing to provide a monetary refund, or where a monetary refund is required under applicable mandatory law, the refund amount will, to the fullest extent permitted by applicable law, be calculated after applying the adjustments and deductions set out below.

Discounts, promotions and package pricing. Any discount, promotional benefit, bundled pricing, special rate, scholarship, coupon, referral benefit or other price concession may first be reversed or adjusted. If the original price depended on a larger package, longer programme or qualifying commitment, Upstep may recalculate Services already delivered or consumed at the applicable standard or undiscounted rate at the time of purchase and deduct the adjustment from any amount otherwise eligible for refund.

Payment and transaction costs. After applying any applicable discount or promotional adjustment, Upstep may deduct any payment gateway charges, transaction fees, payment-processing fees, bank charges, international payment charges, intermediary or correspondent bank charges, currency-conversion charges, foreign-exchange charges and other third-party payment costs incurred in connection with the original payment or the processing of the refund, to the fullest extent permitted by applicable law.

Currency conversion and exchange-rate fluctuations. Where payment or refund involves different currencies, Upstep is not responsible for differences caused by exchange-rate movements, card-network, payment-gateway or bank rates, or other foreign-exchange fluctuations between the original payment and the refund.

Accordingly, to the fullest extent permitted by applicable law, the amount ultimately refunded to or received by the Student, Parent or payer may be less than the amount originally paid to Upstep after taking into account:

• any applicable reversal or adjustment of discounts, promotions, package pricing or other price concessions;
• the value of Services already delivered or consumed, where applicable;
• payment gateway, transaction and payment-processing charges;
• bank and international payment charges;
• currency-conversion and foreign-exchange charges;
• exchange-rate differences or fluctuations; and
• any other third-party payment costs or deductions lawfully applicable to the transaction.

Nothing in this Section requires Upstep to provide a cash refund except where Upstep expressly agrees to do so in writing or applicable mandatory law requires such a refund.

12.5 Payment Disputes and Chargebacks

If a Student, Parent or payer believes that a payment has been charged incorrectly, they should contact Upstep through its official support or billing channels before initiating a payment dispute or chargeback, so that Upstep has a reasonable opportunity to investigate and resolve the matter.

A disagreement with Upstep’s refund, cancellation, package-validity, attendance, rescheduling, Coach-assignment or other policies does not by itself make an otherwise authorised and valid payment unauthorised or fraudulent.

To the fullest extent permitted by applicable law, a Student, Parent or payer must not knowingly or dishonestly initiate a false, misleading, fraudulent or abusive chargeback or payment dispute, including by falsely claiming that:

• an authorised payment was unauthorised;
• Services that were provided were not provided;
• the payer did not recognise a transaction that they knowingly authorised;
• a Student did not participate in Services that were in fact accessed or delivered; or
• Upstep promised a refund where no such refund was agreed or legally required.

Where a chargeback or payment dispute is initiated, Upstep may provide the relevant payment processor, bank, card network or other financial institution with reasonably necessary records and evidence relating to the transaction and delivery of the Services, including invoices, payment records, enrollment information, applicable Terms, communications, attendance records, class records, login or platform records and other relevant evidence, subject to applicable privacy and data-protection law.

If a chargeback or payment dispute is determined to have been improperly or fraudulently initiated, Upstep may, to the extent permitted by applicable law, suspend or terminate access to the Services, recover any outstanding amount lawfully owed, and recover reasonable third-party fees or costs directly incurred by Upstep as a result of the improper chargeback.

The initiation of a chargeback or payment dispute does not automatically cancel the Student’s contractual payment obligations or create a right to a refund where no such right otherwise exists under these Terms or applicable law.

Nothing in this Section restricts any legal right of a Student, Parent or payer to dispute a genuinely unauthorised, fraudulent, duplicate or incorrectly processed transaction, or to exercise any other payment-dispute right that cannot lawfully be excluded.

13. Intellectual Property

13.1 Upstep ownership

Upstep and its licensors own or control the intellectual property rights in the Website, branding, logos, curriculum, lesson structures, worksheets, chess puzzles and compilations, annotations, explanatory content, videos, recordings, graphics, software, databases, training methods and other Content created or supplied by Upstep, except for third-party material identified as such.

13.2 Limited personal-use license

Subject to payment and compliance with these Terms, Upstep grants the enrolled Student a limited, non-exclusive, non-transferable, revocable license to access and use provided Content for the Student’s personal, non-commercial chess learning during the period for which access is supplied.

13.3 Restrictions

Without our prior written permission, you must not:

• copy, reproduce, republish, sell, license, rent, distribute or commercially exploit Upstep Content;
• upload course materials or class recordings to YouTube, social media, file-sharing services, public chess repositories or competing education platforms;
• create or distribute substantial derivative course packs based on Upstep’s proprietary curriculum or lesson materials;
• remove copyright, trademark, watermark or ownership notices;
• scrape, crawl, systematically download or build datasets from the Services except as permitted by law; or
• use Upstep Content, confidential class recordings or student data to train, fine-tune or evaluate an AI model without written authorisation.

13.4 Student-created material

A Student retains ownership of original personal material independently created by the Student, such as written reflections, written assignments or other original expressive content, subject to any rights in underlying Upstep or third-party materials.

Chess games and chess-related activity conducted, played, submitted, recorded or generated through Upstep Academy’s learning management system (“LMS”), classes, practice sessions, tournaments, assignments or other Services may be collected, stored, analysed and used by Upstep for educational, training, product-development and other legitimate business purposes, subject to applicable law and the Privacy Policy.

This includes practical games, training games, tournament games, practice positions, moves, variations, annotations, mistakes, tactical sequences, positions and other chess-related data generated through or submitted to the Services.

To the fullest extent permitted by applicable law, Upstep shall own all intellectual property rights in educational or derivative materials independently created or developed by Upstep from or using such chess games or chess-related data, including:

• puzzles and tactical exercises;

• chess positions and training positions;
• quizzes, assignments and assessments;
• annotated or instructional positions;
• compilations and collections of games or positions;
• training datasets and educational databases;
• lesson plans and course materials;
• statistical, analytical and performance insights;
• difficulty classifications, tags and instructional metadata; and
• other educational, analytical or training content created by Upstep.

For clarity, if Upstep identifies a tactical position from a Student’s game and converts, adapts or incorporates that position into a puzzle, exercise, lesson, assessment, database or other educational resource, the resulting Upstep-created resource, including its selection, presentation, annotations, questions, solutions, classifications, instructional content and compilation, shall belong exclusively to Upstep to the extent protectable under applicable law.

The Student and Parent grant Upstep a worldwide, perpetual, irrevocable, royalty-free, transferable and sublicensable licence, to the extent legally permissible, to store, reproduce, analyse, adapt, transform, aggregate and otherwise use chess games and chess-related content submitted to or generated through the Services for operating, improving and developing the Services and for educational, training, research, analytical and commercial purposes.

Upstep may use derived or aggregated chess content in its curriculum, LMS, puzzle libraries, assignments, assessments, coach resources, publications, tournaments, educational products and other services without any obligation to pay compensation or royalties to the Student or Parent.

Where such material is used outside the Student’s individual learning environment, Upstep may anonymise or de-identify the material where appropriate. Nothing in this Section independently authorises Upstep to publicly disclose a Student’s name, photograph or other personal information where separate consent or another lawful basis is required under applicable privacy or children’s data protection laws.

13.5 Trademarks

“Upstep Academy”, associated logos and branding may not be used in a way that implies sponsorship, partnership, endorsement or affiliation without written permission.

14. Third-Party Platforms and Services

The Services may use or link to third-party video-conferencing providers, chess platforms, payment processors, messaging providers, cloud hosting, analytics, scheduling systems and other technologies. Their own terms and privacy notices may apply. Upstep is not responsible for third-party services outside our control, but we remain responsible for our own obligations under applicable law and for selecting and managing processors where required by data-protection law.

Students must comply with the rules of any third-party chess or video platform used for a class or tournament. If a third-party account is suspended because of the Student’s breach of that platform’s rules, Upstep is not required to restore the third-party account.

15. Privacy, Children’s Data and Safeguarding

15.1 Privacy Policy

Our collection and use of personal data is described in the Upstep Academy Global Privacy Policy. The Privacy Policy includes dedicated information about children, recordings, communication data, international transfers, service providers, retention and privacy rights.

15.2 Children’s data

Because our Services include children, we apply age-appropriate safeguards and parental processes as required by applicable law. Depending on location and the activity involved, we may require the Parent to provide or verify consent before we collect or use certain data from a child. We may pause or limit features until required consent is obtained.

15.3 Safeguarding

We may take reasonable steps to investigate and respond to credible concerns involving child safety, exploitation, threats, inappropriate adult-child contact, self-harm risk, abuse, fraud or other serious welfare issues. Where legally permitted or required, this may include preserving relevant records and contacting a Parent, platform provider, emergency service, regulator or law-enforcement authority. Such actions will be handled in accordance with applicable law and our Privacy Policy.

16. Acceptable Use of Website and Technology

You must not use the Website or Services to:

• introduce malware, viruses, malicious code or automated attacks;
• probe, scan or test vulnerabilities without authorisation;
• bypass access controls, usage limits, payment controls or security measures;
• interfere with service availability or another user’s access;
• harvest contact information or personal data from classes or community features;
• use automated systems to scrape protected Content at scale; or
• engage in unlawful, fraudulent or deceptive activity.

We may implement reasonable technical measures to protect accounts, Content, children and platform security.

17. Suspension and Termination

17.1 Suspension by Upstep

We may suspend or restrict access where reasonably necessary because of non-payment, serious or repeated misconduct, suspected fraud, cheating, unauthorised recording or distribution, security risk, safeguarding concern, infringement of rights, or material breach of these Terms. Where appropriate, we will provide notice and an opportunity to address the issue before termination; immediate action may be taken for serious risks.

17.2 Termination by Upstep

Where termination results from the Student’s or Parent’s material breach, non-payment, cheating, fraud, misconduct, safeguarding violation, unauthorised recording or distribution, infringement of Upstep’s rights, or other prohibited conduct, unused fees will not be refundable except where mandatory law requires otherwise. If Upstep terminates a Service for reasons unrelated to the Student’s or Parent’s breach, any remedy will be determined under Section 12, the Refund Policy and applicable mandatory law.

17.3 Termination by Parent or adult Student

A Parent or adult Student may stop using the Services at any time, but the financial and other consequences are governed by Section 12, the Refund Policy, the Cancellation Policy, any applicable Course Terms and Conditions, the applicable commercial terms and mandatory law.

17.4 Survival

Provisions that by their nature should continue after termination – including intellectual property, confidentiality, payment obligations already accrued, disclaimers, liability limits, dispute provisions and lawful record-retention rights – survive termination.

18. Confidentiality and Classroom Privacy

Users may encounter non-public information about Coaches, students, families, lesson plans, internal operations or other participants. You must not disclose another person’s private information or confidential class content outside the learning context without authorisation. This obligation does not prevent lawful reporting of safety concerns, complaints, legal violations or disclosures required by law.

19. Disclaimers

19.1 Educational service

The Services are educational and recreational/professional-development services relating to chess. They are not a school accreditation, university qualification, financial service, medical service, psychological service or guarantee of professional chess status.

19.2 Availability

We aim to provide reliable Services but do not promise uninterrupted or error-free availability. Internet outages, third-party platform failures, maintenance, security incidents and events beyond reasonable control may temporarily affect access.

19.3 Chess content

Chess analysis can involve judgment and multiple acceptable lines. Coaches may disagree with engines, databases or other trainers. Educational errors may occasionally occur and will be corrected where reasonably practicable. No representation is made that every move, evaluation or prediction is objectively perfect.

19.4 Third-party content

References or links to external platforms, tournaments, books, tools or resources do not necessarily constitute endorsement. Third-party services are governed by their own terms and may change independently.

20. Limitation of Liability

20.1 Non-excludable liability

Nothing in these Terms limits or excludes liability that cannot legally be limited or excluded, including liability arising from fraud, fraudulent misrepresentation, or other categories for which applicable law prohibits exclusion. Mandatory consumer remedies remain available.

20.2 Excluded categories where lawful

To the maximum extent permitted by law, Upstep is not liable for indirect, incidental, special, exemplary or consequential losses that were not reasonably foreseeable when the agreement was made, or for losses caused primarily by the User’s own breach, unauthorised conduct, third-party platform failure outside Upstep’s reasonable control, or failure to maintain suitable equipment or internet access.

20.3 Cap on contractual liability

Where permitted by applicable law, Upstep’s aggregate liability arising out of a particular paid Service will not exceed the fees actually paid to Upstep for that affected Service during the six months immediately preceding the event giving rise to the claim. This cap does not apply where such a limitation is prohibited by mandatory law or would unlawfully restrict a statutory consumer remedy.

20.4 Consumer-law savings

Some jurisdictions do not permit certain exclusions or caps. In those jurisdictions, the limitation applies only to the maximum extent legally permitted. In particular, nothing in these Terms is intended to remove non-excludable consumer guarantees or remedies.

21. Indemnification

To the extent permitted by law, an adult User or Parent agrees to indemnify Upstep against third-party claims, losses and reasonable costs arising directly from that User’s unlawful conduct, infringement of another person’s rights, deliberate misuse of the Services, fraud, unauthorised commercial distribution of Upstep Content, or material breach of these Terms. This does not require indemnification for Upstep’s own negligence, unlawful conduct, breach of statutory duty, or any matter for which indemnification is prohibited by law.

22. Force Majeure and Events Beyond Reasonable Control

Upstep is not responsible for delay or failure caused by events beyond its reasonable control, including major internet or cloud outages, government action, war, civil unrest, natural disaster, epidemic, power-grid failure, qualifying strikes, cyberattacks despite reasonable safeguards, or failure of critical third-party infrastructure. Upstep will use reasonable efforts to reduce disruption and resume Services. If such an event materially prevents delivery, any remedy will be determined under Section 12, the Refund Policy and applicable mandatory law.

23. Complaints and Customer Support

23.1 Raising a concern

Questions, complaints and requests relating to classes, Coaches, billing or these Terms should be submitted through the official contact channels published on the Website. Please provide enough information for us to identify the Student, purchase or class and understand the issue.

23.2 Escalation

We will use reasonable efforts to investigate complaints fairly and within a reasonable period. Where Indian e-commerce or consumer law requires a designated grievance contact or a specific response process, Upstep will publish the required details and follow the applicable procedure.

23.3 Safeguarding complaints

A complaint involving a child’s safety, alleged abuse, sexual conduct, threats, coercion, exploitation or other serious welfare issue should be identified clearly so it can be escalated promptly through appropriate safeguarding channels.

24. Governing Law and Dispute Resolution

24.1 Informal resolution first

Before starting formal proceedings, the parties should ordinarily attempt in good faith to resolve the dispute through Upstep’s customer-support or grievance process. This does not prevent either party from seeking urgent relief or using a statutory consumer dispute mechanism.

24.2 Governing law

Subject to Section 24.4, these Terms and the contractual relationship with Upstep are governed by the laws of India, without regard to conflict-of-laws principles.

24.3 Courts

Subject to Section 24.4 and to the extent legally permitted, the courts at Mumbai, Maharashtra, India will have exclusive jurisdiction over disputes arising from or relating to these Terms or the Services.

24.4 Mandatory local consumer rights and forums

To the fullest extent permitted by applicable law, all disputes, claims and proceedings arising out of or relating to these Terms or the Services shall be subject to the governing law and jurisdiction provisions set out above, including the exclusive jurisdiction of the competent courts at Mumbai, Maharashtra, India.

Nothing in these Terms is intended to exclude, restrict or waive any consumer right, statutory remedy, mandatory jurisdictional protection or other legal protection that cannot lawfully be excluded or waived by agreement.

Accordingly, where applicable mandatory law expressly entitles a consumer to bring a claim before a court, tribunal or other competent authority in the consumer’s place of residence, or otherwise prevents the exclusive Mumbai jurisdiction provision from being enforced, such mandatory right shall apply only to the minimum extent required by that law.

Except where such mandatory law expressly requires otherwise, the parties agree that the courts at Mumbai, Maharashtra, India shall have exclusive jurisdiction over any dispute, claim or proceeding arising out of or relating to these Terms or the Services.

24.5 No mandatory private arbitration

These Terms do not require consumers to submit disputes to private arbitration unless a separate, lawful and expressly accepted arbitration agreement applies to the particular dispute.

25. Changes to the Services and These Terms

25.1 Service changes

We may update teaching tools, features, platforms, curriculum presentation, Coaches, schedules and operational processes as the Services evolve. We will not use this right to remove a material paid benefit without providing an appropriate alternative or remedy where required by law.

25.2 Changes to Terms

We may update these Terms for legal, regulatory, security, operational or service reasons. The updated version will be posted on the Website with a revised effective date. Material changes that significantly affect existing paid Services will be communicated through a reasonable channel where required by law. Changes do not retroactively deprive Users of accrued rights or mandatory remedies.

26. General Legal Terms

26.1 Entire agreement

These Terms and the documents identified in Section 1.3 form the agreement regarding the Services, subject to any representations or rights that cannot legally be excluded.

26.2 No waiver

A delay or failure to enforce a provision does not waive the right to enforce it later. A waiver is effective only for the specific matter for which it is given.

26.3 Severability

If a provision is held invalid, unlawful or unenforceable, it will be interpreted or limited to the minimum extent necessary, and the remaining provisions will continue to apply where legally possible.

26.4 Assignment

Users may not transfer their enrollment or contractual rights to another person without Upstep’s consent, except where a package expressly permits transfer or applicable law gives such a right. Upstep may transfer these Terms as part of a genuine corporate reorganisation, merger, sale of business or transfer of the relevant service, provided Users’ rights are not materially reduced contrary to law.

26.5 Relationship

Nothing in these Terms creates a partnership, employment, agency or joint venture between a User and Upstep. Coaches may be employees or independent professionals engaged by Upstep; the contractual educational service is supplied or coordinated by Upstep unless expressly stated otherwise.

26.6 Language

These Terms are drafted in English. If a translation is provided, it is for convenience unless applicable law requires otherwise. Where legally permitted, the English version controls in the event of inconsistency.

27. Contacting Upstep Academy

For questions about these Terms, billing, enrollment or complaints, contact Upstep Academy through the official contact details or contact form published at https://www.upstepacademy.com. Privacy enquiries and data-rights requests should be made using the contact method identified in the Global Privacy Policy.

Legal entity: Upstep Education Private Limited
Brand: Upstep Academy
Website: https://www.upstepacademy.com

Schedule A – Parent/Guardian Responsibilities for Minor Students

This Schedule forms part of the Terms. A Parent enrolling a Minor should ensure the following throughout the Student’s participation:

• Use accurate student age and parent contact information.
• Keep class links and account credentials private.
• Provide a reasonably safe and appropriate learning environment.
• Remain reasonably available for younger students during online sessions.
• Do not allow unauthorised persons to join, observe or record classes.
• Review communications and platform usage where appropriate for the child’s age.
• Inform Upstep promptly about serious safeguarding, harassment, privacy or account-security concerns.
• Ensure the Student understands that chess engines and outside assistance are prohibited during fair-play activities.
• Do not publicly share recordings, screenshots, chats, other students’ identities or Coach contact information.
• Use only official Upstep channels for payment and material service requests.

Schedule B – Fair Play Quick Rules

Schedule C – Recording and Media Principles

• Academy recordings may be used for legitimate educational, quality, safety and operational purposes as described in the Privacy Policy.
• Separate or verifiable consent will be obtained where legally required; the Terms alone do not replace such consent.
• Students and Parents must not make or distribute their own class recordings without permission.
• Public promotional use of an identifiable Minor’s image, voice, testimonial or story will be handled separately where consent is required.
• Where applicable law requires promotional use to be based on consent, declining or withdrawing that consent will not affect ordinary educational access.
• Recording retention and privacy rights are governed by the Global Privacy Policy.