Terms of Service & Commercial Agreement

1. Acceptance of Terms

By accessing this website, subscribing to RaBuOS platforms, enrolling in training courses, or executing a Statement of Work (SOW) with RADIECE PRIVATE LIMITED, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms of Service and applicable Indian laws.

2. Intellectual Property Rights & Work For Hire

For bespoke software engineering and hardware prototyping contracts governed by an executed Master Services Agreement (MSA) and SOW, 100% of newly authored custom software code, CAD schematics, and design artifacts are formally transferred to the client upon full settlement of the corresponding milestone invoice. RADIECE retains all rights to its pre-existing foundational packages, proprietary core runtimes (including RaBuOS core), and reusable libraries.

3. Service Level Agreements & Warranty

All production software deliveries are accompanied by a standard 90-day defect warranty against deviations from approved SRS specifications. Extended maintenance and 24/7 SLA commitments are governed under separate Annual Maintenance Contracts (AMC).

4. Limitation of Liability

Except for breaches of confidentiality, statutory gross negligence, or willful misconduct, neither party shall be liable for indirect, incidental, punitive, or consequential damages. Maximum cumulative liability under any SOW is capped at the total amount paid by the client under that specific SOW in the preceding 6-month period.

5. Refund, Cancellation & Rescheduling Policy

5.1 Scope. This section states two separate regimes: (a) enrolment in RADIECE training programmes and course cohorts, and (b) engineering, software, and hardware service engagements executed under a Master Services Agreement (MSA) and Statement of Work (SOW). For regime (b), this section is subordinate to the executed MSA and SOW as set out in 5.11. For regime (a), this section sets out RADIECE’s own default cancellation and refund terms, calibrated to conventional and defensible commercial practice for training services, and operates alongside the Genuine-Reason route in 5.6. Nothing in this section limits any right a client separately holds under applicable Indian consumer protection law. Defined terms used in this section carry the meanings given in 5.2.

5.2 Definitions. “Written Notice” means notice given in writing and sent to [email protected] (or such other address as RADIECE notifies to the client in writing), or delivered by hand or courier to RADIECE’s registered office, in either case identifying the relevant enrolment or SOW by reference. A Written Notice is deemed received on the date it is sent if sent before 6:00 pm IST on a business day, and otherwise is deemed received on the next business day. “Business day” means any day other than a Saturday, Sunday, or public holiday observed at RADIECE’s registered office in Kerala, India. All dates and times in this section are reckoned in Indian Standard Time (IST). Unless a clause in this section expressly states a count in business days, every day-count in this section is a count of calendar days.

5.3 Course Enrolment & Minimum Cohort. A seat in any training programme is confirmed only once RADIECE issues written confirmation of enrolment and the applicable enrolment fee has been received and has cleared. Every programme commences only once a minimum cohort size set by RADIECE for that programme is reached. No commencement date is binding on RADIECE until it issues separate written confirmation that the minimum cohort has been reached and a start date has been fixed (the “Cohort Confirmation”).

5.4 Pre-Confirmation Cancellation Right. At any time before Cohort Confirmation, the client may cancel the enrolment by Written Notice and receive a refund of 100% of the amounts paid, less only the cost of any materials, licences, hardware kits, or access credentials already issued or activated for the client, deducted as described in 5.7. If Cohort Confirmation has not occurred within 90 calendar days of the date the enrolment fee was received and cleared (the “Confirmation Deadline”), the client may, by Written Notice given at any time after the Confirmation Deadline, elect the refund described in this clause, and RADIECE will action that election and issue the refund within the timeline set out in 5.12. Nothing in this clause requires the client to wait until the Confirmation Deadline before exercising the cancellation right in the first sentence. This clause, and not 5.6, governs a cancellation before Cohort Confirmation; 5.6 applies only to a confirmed enrolment on or after Cohort Confirmation.

5.5 Course Cancellation Windows (Default, Notice-Based Route). This clause is the default route for a cancellation that does not rely on a Genuine Reason under 5.6. Where a client cancels a confirmed enrolment, the enrolment fee is refunded based on when RADIECE receives the client’s Written Notice of cancellation, measured against the commencement date fixed at Cohort Confirmation:

• 14 or more calendar days before commencement: 90% of the enrolment fee is refunded.
• 7 to 13 calendar days before commencement: 50% of the enrolment fee is refunded.
• Less than 7 calendar days before commencement: the enrolment fee is non-refundable, subject to 5.10 once commencement has occurred.

The percentages above are the total amount refunded to the client and already reflect deduction of the administrative and registration processing fee described in 5.7; that fee is not deducted a second time from the amounts above. Where an enrolment has been transferred to a later cohort under 5.8, see 5.8 for the cancellation clock that applies to the transferred enrolment. This clause applies unless the client instead elects to proceed under 5.6 by filing a request under that clause. Where the client so elects, 5.6 (including the protective-notice effect and rejection fallback described in 5.6) governs that cancellation from the moment of filing, and this clause applies to it only as, and to the extent, 5.6 provides.

5.6 Genuine-Reason Refund (Alternative Route). As an alternative to the default route in 5.5, a client may request a refund on the ground of one of the following closed list of circumstances (each a “Genuine Reason”), applicable to a confirmed enrolment on or after Cohort Confirmation (a cancellation before Cohort Confirmation is governed by 5.4, not this clause): (a) documented medical incapacity of the enrolled individual, evidenced by a certificate from a registered medical practitioner certifying the medical condition and that it renders the enrolled individual unfit to attend the programme as scheduled; for this ground, the Genuine Reason is treated as first arising on the earlier of the date of diagnosis and the date of certification stated in the certificate; (b) bereavement, being the death of the enrolled individual’s spouse, parent, child, or sibling, evidenced by a death certificate or equivalent public record or, pending issuance of that certificate, by a hospital or burial or cremation record together with evidence that the certificate has been applied for; for this ground, the Genuine Reason is treated as first arising on the date of death; (c) employer-directed relocation of the enrolled individual’s place of work to a location from which attending the programme as scheduled is not reasonably practicable, evidenced by a formal letter or transfer order from the employer or, where the enrolled individual is self-employed, freelance, or a student, by equivalent documentary evidence of a comparable compelled relocation, such as a registered lease termination or new tenancy agreement for the new location or an admission or enrolment letter from an educational institution; for this ground, the Genuine Reason is treated as first arising on the date of that letter, order, or equivalent document; or (d) a material adverse change made by RADIECE, after Cohort Confirmation, to the confirmed commencement date, delivery format, or the core learning outcomes of the programme, excluding an administrative or immaterial adjustment such as a change of room, instructor, or venue within the same locality that does not affect the substance of the programme, evidenced by RADIECE’s own written notice of the change or, where RADIECE gave no written notice, by other contemporaneous records reasonably evidencing the change; for this ground, the Genuine Reason is treated as first arising on the date of RADIECE’s notice of the change or, where none was given, the date the client first became aware of the change.

A request under this clause must be given by Written Notice, accompanied by documentary evidence of the stated Genuine Reason, and raised no later than 15 calendar days after the date the Genuine Reason first arose as determined above, and in every case no later than 30 calendar days after the confirmed commencement date fixed at Cohort Confirmation (or, where the enrolment has been transferred under 5.8, the commencement date of the transferee cohort as described in 5.8) (the “Genuine-Reason Deadline”). Filing a request under this clause is simultaneously Written Notice of cancellation under 5.5, effective as of the date the request is filed; this preserves whichever notice window under 5.5 is available as of that date so that it does not lapse while the request is considered, and the client need not separately give notice under 5.5. Filing a request under this clause is an election to be assessed under this clause: from the date of filing, the request is governed by this clause and not by 5.5, except that the protective 5.5 notice effect in the preceding sentence continues to apply throughout, so that no period exists in which neither this clause nor 5.5 governs the request.

A Genuine Reason that first arises, or a request that is raised, after the Genuine-Reason Deadline does not qualify for assessment under this clause. It remains open to the client to give Written Notice of cancellation under 5.5 or, once commencement has occurred, to claim under 5.10 (Commencement & Partial Attendance) on the ordinary pro-rata basis available to any client under that clause; this clause does not create an additional, enhanced remedy once the Genuine-Reason Deadline has passed, but it does not extinguish the client’s ordinary right to be assessed under 5.5 or 5.10 on the same footing as any other client.

RADIECE may make one further request for evidence reasonably necessary to verify the claim, by Written Notice given within 5 business days of receipt of the request (receipt determined under 5.2), specifying all outstanding items; this is the only occasion on which RADIECE may request further evidence under this clause. That notice suspends both the Genuine-Reason Deadline and the 10-business-day decision period in 5.12 for the shorter of (x) the period until the client supplies the requested evidence, and (y) 20 calendar days from the date of that notice, after which the suspension ends and RADIECE will decide the request on the evidence then held. This evidence request is distinct from, and does not extend, RADIECE’s notice of an incomplete or defective submission under 5.12 (which addresses only the completeness elements listed in 5.12); this clause is the exclusive mechanism for suspending the Genuine-Reason Deadline or the 5.12 decision period in connection with the substantiating evidence for a request under this clause, and the 5.12 decision period continues to run, subject only to this suspension, while the request is otherwise pending.

RADIECE will decide a request under this clause on the balance of probabilities, acting reasonably on the evidence provided, and will state in writing which element of this clause is not satisfied where it rejects a request. Where a request is rejected only for want of evidence or for a curable defect, the client may make one further submission addressing the stated defect, provided it is made within the Genuine-Reason Deadline or within 10 business days of RADIECE’s rejection notice, whichever is later. A request that, after any such resubmission, is not supported by the evidence required by this clause, does not satisfy any ground in this clause, or is otherwise rejected by RADIECE, is instead assessed as a cancellation under 5.5 as at whichever of the following is more favourable to the client: (i) the date the request was first filed under this clause; or (ii) the date RADIECE gives notice of its final rejection under this clause; the protective notice effect described above means a 5.5 notice window is available for this purpose as at the earlier of those dates even where, by the later date, no window in 5.5 would otherwise remain open.

Where a request is valid under this clause: (i) if raised before the confirmed commencement date, the client receives a refund of 100% of the amounts paid, less only deductions properly made under 5.7; or (ii) if raised on or after the confirmed commencement date, the client receives the amount calculated under 5.10 (Commencement & Partial Attendance), which already accounts for sessions delivered before the request and, for a request valid on the ground in 5.6(a), 5.6(b), or 5.6(c), disapplies the committed-costs deduction as described in 5.10 — this clause does not entitle the client to recover fees for sessions already delivered.

5.7 Non-Refundable Components. The administrative and registration processing fee referred to in 5.5 is fixed at 10% of the enrolment fee and is included in, not additional to, the deductions reflected in the percentages set out in 5.5. Separately, and regardless of which cancellation window in 5.5 applies or whether the cancellation instead proceeds under 5.6, the cost of any course materials, software licences, hardware kits, or access credentials already issued or activated for the client is deducted from the refund before payment, as those items cannot be recovered once issued. RADIECE will disclose an itemised price for each such item to the client before the enrolment fee is paid, and any deduction under this clause is capped at the lower of that disclosed price and RADIECE’s evidenced cost, which RADIECE will provide to the client on request. Materials or hardware kits that remain unopened and unactivated may be returned to RADIECE within 10 business days of the client’s cancellation request, in which case the disclosed price of the returned item is excluded from the deduction; software licences and access credentials, once issued or activated, are not returnable.

5.8 Rescheduling & Seat Transfer. A client may request, in writing and at no charge, to move a confirmed enrolment to a later cohort of the same programme, provided the request is received at least 7 calendar days before the confirmed commencement date; one such transfer is permitted per enrolment. A confirmed seat may separately be transferred to a different individual once, at no charge, on at least 5 business days’ written notice, provided the substitute meets any stated eligibility prerequisites for the programme. These two allowances are independent: each may be exercised once per enrolment, and exercising one does not consume, extend, or reset the other. A transfer under this clause does not restart the cancellation clock: the windows in 5.5 continue to be measured against the commencement date fixed at the enrolment’s original Cohort Confirmation, not the commencement date of the cohort to which the enrolment was transferred. The Genuine-Reason Deadline in 5.6 is, however, measured against the commencement date of the cohort to which the enrolment has been transferred (the “transferee cohort”), not the original cohort’s commencement date, so that a transfer under this clause does not cause the client to inherit a Genuine-Reason Deadline that has already lapsed by reference to the original cohort.

5.9 Company-Initiated Cancellation or Postponement. If RADIECE cancels a confirmed cohort or postpones its confirmed commencement date, the client may elect, at the client’s sole option, either (a) a 100% refund of all amounts paid for that enrolment, or (b) a no-cost transfer to the next available cohort of the same programme, provided that cohort achieves Cohort Confirmation within 12 months of the date of RADIECE’s cancellation or postponement notice. If no cohort of the programme achieves Cohort Confirmation within that 12-month period, or RADIECE does not offer a further cohort of the programme, the client’s election under (b) lapses and RADIECE will instead issue the refund described in (a). A postponement or change described in this clause may also qualify as a Genuine Reason under 5.6(d); the client may elect a remedy under this clause or, alternatively, file a request under 5.6, but not both for the same postponement or change, and making an election under one of those clauses waives any claim under the other in respect of that same event.

5.10 Commencement & Partial Attendance. From commencement, the enrolment fee is earned by RADIECE session by session as the programme is delivered. Where a client cancels after commencement, whether under 5.5 or on a valid request under 5.6, RADIECE may retain (a) the proportion of the enrolment fee corresponding to the sessions of the programme actually delivered to the client up to the date RADIECE receives the client’s Written Notice of cancellation, calculated pro rata by session, plus (b) any documented costs RADIECE has irrevocably and specifically committed for that client’s participation in the programme, such as contracted venue, equipment, or instructor costs RADIECE cannot reasonably avoid or recover. Limb (b) does not apply, and is not deducted, where the cancellation is a valid request under 5.6 on the ground in 5.6(a) (medical incapacity), 5.6(b) (bereavement), or 5.6(c) (relocation); limb (b) continues to apply to an ordinary cancellation under 5.5 and to a valid request under 5.6(d) (RADIECE-initiated change). Any balance of amounts paid, after deducting (a) and, where applicable, (b), and any amount properly deducted under 5.7, is refunded to the client; the enrolment fee is not forfeited in full merely because commencement has occurred.

5.11 Service Engagements & Precedence of Executed Agreement. For engineering, software, and hardware service engagements, refunds, cancellation, and termination are governed by the executed MSA and SOW between RADIECE and the client. This clause and the remainder of this Section 5 apply to a service engagement only to the extent the MSA and SOW, read together, are silent on the point in question; where the executed MSA or SOW contains a term addressing refunds, cancellation, or termination, that term prevails over this Section 5 to the extent of any conflict or inconsistency. Notwithstanding the foregoing, the statutory savings in 5.1 (that nothing in this section limits any right a client separately holds under applicable Indian consumer protection law) applies to a service engagement in the same way as it applies to a course enrolment, and no term of an MSA or SOW displaces it: no term of an MSA or SOW may reduce, exclude, or limit a right a client holds under applicable Indian consumer protection law, and any MSA/SOW term purporting to do so is void to that extent without affecting the enforceability of the remainder of the MSA or SOW. Where, and only to the extent, the MSA and SOW, read together, are silent: cancellation or termination by the client does not entitle the client to a refund of fees for any milestone already delivered and accepted, for which intellectual property has accordingly transferred to the client under Section 2. A milestone is deemed delivered and accepted for the purposes of this clause if the client has not given Written Notice of a specific, documented non-conformance with the approved SRS within 10 business days of RADIECE’s delivery of that milestone. Fees paid on account of a milestone not yet delivered are refunded in full, less any third-party costs, licences, or components that were pre-approved by the client in writing or expressly authorised in the SOW and that RADIECE has already procured on the client’s behalf for that milestone, evidenced by invoice. Either party may terminate an SOW for convenience on 15 business days’ prior written notice; on such termination, fees due for work already performed are limited to work performed on an in-progress, undelivered milestone, and are not payable in addition to fees already retained for a milestone already delivered and accepted.

5.12 Refund Method & Timeline. A refund request is properly submitted when it is given as Written Notice and states the enrolment or SOW reference, the ground for the request, and the payment instrument or bank account to which any refund should be issued. If RADIECE considers a request incomplete or defective, it will give Written Notice of the specific defect within 3 business days of receipt of the request (receipt determined under 5.2), and the period below is suspended from the date of that notice until the client supplies the missing information. RADIECE will approve or reject a properly submitted refund request within 10 business days of receipt of the request (receipt determined under 5.2), and will give reasons in writing for any rejection. Approved refunds are issued to the original payment instrument or bank account used for payment, and are processed within a further 15 business days of that approval. RADIECE is not responsible for delays caused by the client’s bank, card issuer, or payment processor.

5.13 Instalments & Non-Payment. Where the enrolment fee is payable in instalments, every percentage stated in this section as a share of the enrolment fee applies only to the portion of the enrolment fee RADIECE has actually received and cleared as of the relevant date, not to the total enrolment fee. If an instalment is not received and cleared within 7 calendar days of its due date, RADIECE may suspend the client’s access to the programme by Written Notice; if the instalment remains unpaid a further 7 calendar days after that notice, RADIECE may cancel the enrolment by further Written Notice, and any amount already received and cleared is refundable under 5.5, 5.6, 5.9, or 5.10 as applicable, as if the client had cancelled on the date of that further notice.

5.14 Force Majeure. RADIECE is not obliged to issue a refund where a cancellation, delay, or postponement of a course or engagement arises from events beyond its reasonable control, including natural disaster, pandemic, government action, strikes, or failure of the public electricity grid, telecommunications backbone, or internet infrastructure affecting the general public. A failure limited to RADIECE’s own premises, systems, personnel, vendors, or service providers is not an event beyond RADIECE’s reasonable control for the purposes of this clause. Where this clause applies, RADIECE will offer the client a reschedule, transfer, or credit toward a future programme or engagement in place of a cash refund. A credit issued under this clause is valid for 12 months from the date of issue; if no alternate programme or engagement start date has been offered to the client within that period, the credit converts to a cash refund of the equivalent amount, issued under 5.12. Clauses 5.4 and 5.9 take precedence over this clause to the extent of any conflict, except that this clause governs where the cancellation, delay, or postponement itself arises from an event described in this clause.

5.15 Governing Law. This Refund, Cancellation & Rescheduling Policy is governed by the same law and subject to the same exclusive jurisdiction set out in Section 6 (Governing Law & Dispute Resolution) below.

6. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the substantive laws of the Republic of India. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Courts situated at Ernakulam, Kerala, India.