Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the website https://koyo.newtonschool.co/ and all associated services (“Services”) offered by Incanus Technologies Private Limited and its affiliates (“Koyo,” “we,” “us,” or “our”). By accessing or using our Services, you (“User,” “you,” or “your”) agree to be bound by these Terms.

These Terms constitute an electronic record under the Information Technology Act, 2000 and the rules framed thereunder, including the Information Technology (Intermediary Guidelines) Rules, 2011. No physical, electronic, or digital signature is required for these Terms to be valid and enforceable.

Please read these Terms carefully before using our platform. By continuing to access or use the Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, please discontinue use of the Services immediately.

1. Interpretation

In these Terms, references to the singular include the plural and vice versa; references to any gender include all genders. Headings are provided for convenience only and do not affect interpretation. References to a natural person include their heirs, executors, and permitted assignees. References to Koyo include its affiliates, successors, and permitted assignees.

2. Eligibility

The Services are available to individuals who are at least 18 years of age and capable of entering into legally binding contracts under applicable law. If you are under 18, you may use the Services only under the supervision of a parent or legal guardian who has agreed to these Terms on your behalf. By using the Services, you represent that all information you provide is truthful, accurate, and current, and that your use of the Services does not violate any applicable law or regulation.

3. Account Access

To access certain features of the Services, you may be required to create an account (“Account”) using valid credentials. Your Account is personal to you and may not be shared with or transferred to anyone else. You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account. If you become aware of any unauthorised access or suspected breach of your Account, you must notify us immediately at support@newtonschool.co.

Koyo will not be liable for any loss or damage resulting from your failure to keep your credentials secure or to provide accurate account information.

4. Candidate Assessments & Automated Evaluation

4.1 Your Responsibilities as a Candidate

When a Koyo business customer invites you to complete an assessment or evaluation through our platform (“Candidate Features”), you are expected to participate honestly and independently. All responses, answers, and content you submit must be your own original work. Unless explicitly made available within the Koyo platform, you may not use external resources, tools, or assistance from any other person. Any breach of this requirement may be reported by Koyo to the business customer who invited you.

4.2 Use of Automated Tools

Some Candidate Features use artificial intelligence and machine learning technologies (“Automated Tools”) to evaluate responses, monitor assessment integrity, and generate performance insights for the business customer that invited you.

By using these features, you agree to:

  • Participate honestly and independently
  • Not circumvent or interfere with any monitoring or proctoring mechanisms
  • Not misrepresent your identity or use unauthorised assistance unless explicitly permitted within the platform

The collection and processing of your personal data in connection with Automated Tools — including what is collected, how consent is obtained, and your rights — is governed by our Privacy Policy. The business customer that invited you is responsible for ensuring a valid legal basis for processing your data exists before your assessment begins.

Automated Tool outputs are provided to the business customer for their own evaluation purposes. Koyo does not make hiring or employment decisions. For data-related concerns, refer to our Privacy Policy or contact us at grievance@newtonschool.co.

4.3 Limitations & Disclaimers

Automated Tools are designed to assist business customers in their evaluation process — not to make final hiring or employment decisions. Such decisions rest entirely with the respective business customer, and Koyo plays no role in those outcomes. You acknowledge that:

  • Automated outputs may contain errors, inconsistencies, or incomplete information
  • AI-based systems may not perform uniformly across all individuals or contexts
  • These tools are continuously refined and results may evolve over time
  • Koyo is not responsible for how business customers interpret or act upon any outputs generated

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KOYO PROVIDES AUTOMATED TOOLS ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND. KOYO DISCLAIMS ALL LIABILITY FOR ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM YOUR PARTICIPATION IN AUTOMATED ASSESSMENTS OR FROM ANY RELIANCE PLACED ON THEIR OUTPUTS.

5. Subscription & Commercial Terms

Any subscription to Koyo’s platform or Services is governed exclusively by the applicable commercial agreements between you/business customer and Koyo, which may include an Ordering Document, Master Subscription Agreement (“MSA”), Data Processing Agreement (“DPA”), or any other executed agreement (collectively, “Commercial Terms”). In the event of a conflict between these Terms and the Commercial Terms, the Commercial Terms shall prevail in respect of all subscription, billing, and service delivery matters. Nothing in these Terms creates, modifies, or supplements any subscription rights or obligations, all such matters are addressed solely within the applicable Commercial Terms.

6. Intellectual Property

All rights, title, and interest in and to the Koyo platform, Services, and all related content and materials are owned exclusively by Koyo or its licensors. You may not copy, reproduce, modify, scrape, reverse-engineer, or distribute any part of the Services without Koyo’s prior written consent. By using the Services, you are granted a limited, non-exclusive, non-transferable right to access and use them solely as intended under these Terms. Any feedback or suggestions you share with Koyo are assigned to Koyo on a perpetual, irrevocable, royalty-free basis. Koyo may use, modify, and incorporate such feedback without restriction or compensation to you. For subscribed Customers, feedback rights are governed by the applicable Commercial Terms.

7. Your Content

You retain ownership of any content, data, code, or material you submit through the Services (“Content”). Koyo does not claim ownership over your Content. By submitting Content, you grant Koyo a non-exclusive, royalty-free, worldwide licence to process, use, and analyse your Content solely for the purpose of operating, maintaining, and improving the Services, including through automated and AI-based systems.

If you are a Visitor or Employer Representative interacting with Koyo directly (and not as part of an employer-invited assessment), and to the extent permitted by applicable law, this licence may include using anonymised or aggregated forms of your Content to train or improve Koyo’s AI and machine learning models. Koyo will not use your personally identifiable information for model training without your separate, explicit consent.

If you are a Candidate or User accessing the Services pursuant to an employer’s invitation or subscription, your Content forms part of that employer’s data and is governed exclusively by the applicable Commercial Terms (including the Master Subscription Agreement and Data Processing Addendum) between Koyo and that employer. Koyo will not use your Content for AI model training except as expressly authorised in writing by that employer in accordance with those Commercial Terms.

You confirm that you hold all necessary rights to submit your Content, that it does not infringe any third-party rights, and that it complies with all applicable laws. You are solely responsible for your Content. Koyo reserves the right to monitor, restrict, or remove Content at any time at its sole discretion, and will cooperate fully with law enforcement and valid legal requests relating to your Content.

8. Acceptable Use

You agree not to use the Services in any manner that:

  • Violates any applicable law or regulation
  • Interferes with, damages, or circumvents the security or integrity of the Services
  • Involves submitting Content that infringes third-party rights or is fraudulent, harmful, offensive, or discriminatory
  • Involves copying, reverse-engineering, reselling, or creating derivative works from any part of the Services
  • Involves impersonating any person or misrepresenting your identity or organisational affiliation
  • Is intended to develop or support a product or service that competes with Koyo
  • Involves sending spam, malware, or unsolicited communications
  • Involves integrating the Services with third-party tools or systems without Koyo’s prior written consent

9. Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KOYO MAKES NO WARRANTIES — EXPRESS OR IMPLIED — REGARDING THE ACCURACY, RELIABILITY, SECURITY, AVAILABILITY, OR FITNESS OF THE SERVICES FOR ANY PARTICULAR PURPOSE. KOYO IS NOT RESPONSIBLE FOR CONTENT SUBMITTED BY OTHER USERS OR FOR THE PRODUCTS, SERVICES, OR CONDUCT OF ANY THIRD PARTIES ACCESSIBLE THROUGH THE PLATFORM.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KOYO AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES — INCLUDING LOSS OF DATA, REVENUE, OR BUSINESS OPPORTUNITY — ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES.

If you are accessing the Services as a Visitor or Employer Representative directly (and not pursuant to a subscription or Commercial Terms with Koyo), where liability cannot be fully excluded, Koyo’s total aggregate liability to you shall not exceed the greater of:

  • the amount paid by you for the specific Services giving rise to the claim in the twelve (12) months preceding it; or
  • INR 10,000

If you are accessing the Services as a Customer, User, or Candidate pursuant to an employer’s subscription or any executed Commercial Terms (including a Master Subscription Agreement, Ordering Document, or Data Processing Addendum), the liability cap and limitations set out in those Commercial Terms shall exclusively govern and supersede this clause in their entirety.

Nothing in these Terms limits Koyo’s liability for death, personal injury, fraud, or any other liability that cannot be excluded or limited under applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Koyo and its affiliates, officers, directors, and employees from and against any third-party claims, liabilities, losses, damages, and expenses (including reasonable legal fees) arising out of or relating to your violation of these Terms or your misuse of the Services.

12. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Bengaluru, Karnataka.

13. Notices

Koyo may communicate with you by email to the address associated with your Account, or by posting notices within the Services. To reach us, write to legal@newtonschool.co.

14. Termination & Suspension

Koyo reserves the right to suspend or terminate your access to the Services at any time without prior notice where urgency requires:

  • If you breach these Terms
  • You pose a risk to the platform or other users
  • Where required for legitimate operational reasons

You may discontinue use of the Services and request closure of your Account at any time by contacting us at support@newtonschool.co. Upon closure, your personal data will be handled in accordance with our Privacy Policy.

Where you access the Services under a subscription or Commercial Terms, termination is governed exclusively by those Commercial Terms.

15. Miscellaneous

15.1 No Waiver

Koyo’s failure to enforce any right or provision under these Terms shall not constitute a waiver of that right or provision. If any provision is found to be unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

15.2 Assignment

Koyo may assign its rights and obligations under these Terms in connection with a merger, acquisition, or sale of assets, provided reasonable prior notice is given. Koyo will not otherwise assign these Terms without your consent. You may not assign your rights under these Terms without Koyo’s prior written consent. Where you access the Services under a subscription or executed Commercial Terms, assignment is governed exclusively by those Commercial Terms and this clause does not apply.

15.3 No Third-Party Beneficiaries

These Terms do not confer any rights or remedies on any third party unless expressly stated otherwise herein.

15.4 Survival

Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, and indemnification — shall continue to apply after these Terms end.

15.5 Force Majeure

Koyo shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including natural disasters, power outages, internet failures, labour disputes, governmental actions, pandemic or epidemic events, or other acts of God.

16. Changes to These Terms

Koyo may revise these Terms periodically. Where changes are material, we will provide reasonable advance notice. Your continued use of the Services following such notice will constitute your acceptance of the updated Terms.

Last updated: 1st September 2026• Incanus Technologies Private Limited • [support@koyo.com]