A Degree Above

Terms and Conditions

These Terms of Service set forth the legal terms and conditions governing your access to and use of altius.adegreeabove.org and altius-app.adegreeabove.org (“Website”) and Altius platform provided by A Degree Above (“we”, “us”, “our”). By accessing or using the Website, you agree to be bound by these Terms of Service. If you do not agree with any part of these Terms of Service, then you are not allowed to use this Website and should immediately stop using the Website.

We may revise these Terms of Service at any time in our sole discretion. Revised Terms of Service will be posted at the Terms and Conditions link (i.e., this webpage that you are currently viewing) or elsewhere in this Website. The revised Terms of Service will be effective when posted, unless we explicitly state otherwise. Your continued access to and use of this Website following any changes to these Terms of Service constitutes your agreement to the revisions. You are responsible for being aware of any revisions to our Terms of Service by checking this webpage.

By using this Website, you agree to be bound by these Terms of Service, and your agreement will be deemed to be in writing and legally enforceable. If you do not agree to these Terms of Service, then you are not allowed to use this Website and should immediately stop using the Website.

1. Description of Services

a) A Degree Above operates Altius, an artificial intelligence-powered platform designed for business professionals to engage in professional roleplay simulations, obtain AI-generated insights, coaching feedback, evaluations and scores, and participate in related training and debrief activities (“Services”). The Services utilise artificial intelligence, machine learning and natural language processing technologies to generate responses, summaries, insights, evaluation and other content based on inputs provided by users.

b) We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to discontinue any Service at any time.

c) The Services utilise artificial intelligence, machine learning and natural language processing technologies to generate responses, summaries, insights, and other content based on inputs provided by users (“AI Outputs”). AI outputs are generated automatically and may be inaccurate, incomplete, outdated or otherwise unsuitable for your intended purpose. AI Outputs do not constitute professional, legal, financial, tax, investment, regulatory, or business advice, and must not be relied upon as such. You are solely responsible for independently verifying any AI Output before relying on or acting upon it.

d) Altius’s role is to provide simulation, evaluation and training technology. Sponsoring organisations that receive transcripts, evaluations or related outputs through the platform are solely responsible for determining how such information is used, including any employment, promotion, recruitment, academic or other consequential decisions. A Degree Above does not itself make employment, promotion, recruitment, academic or other consequential decisions in respect of users. Any such use or decision by a sponsoring organisation is the responsibility of that organisation and is subject to its own policies and applicable law.

2. General Conditions

a) You must be at least 18 years old and legally capable of entering into contracts to use the Website. By using the Services, you represent and warrant that you meet these requirements and are not barred from using the Services under applicable law.

b) You may not use our Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

c) You must not transmit any worms or viruses or any code of a destructive nature.

d) A breach or violation of any of the terms will result in an immediate termination of your Services.

e) We reserve the right at any time to modify or discontinue the Service (or any part or content thereof), including any underlying AI model or feature, without notice at any time.

f) We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

g) The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3. Use of Content

a) This Website (including without limitation any content, AI outputs or other part thereof) contains general information only, the contents of the Website are intended for informational purposes only and do not constitute Professional advice or service. Before making any decision or taking action that might affect your finances or business, you should consult a qualified professional advisor.

b) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any content on the Website or through which the Service is provided, without express written permission by us. Furthermore:

• You may not access, search, or collect, mine, or extract data including by crawling or scraping from the Website or the Website content by any means (automated or otherwise) without A Degree Above’s express written permission.

• You also may not use the Website or Website content to develop any software program, model, algorithm, or other generative AI tool, including, but not limited to, training or using the Website content in connection with the development or operation of a machine learning or artificial intelligence (AI) system (including any use of the Site Content for training, fine tuning, or grounding the machine learning or AI system or as part of retrieval-augmented generation).

• You may not “mirror” the Website content or any portion thereof without A Degree Above’s express written consent.

• You may not use the Services in violation of applicable laws, including export controls and sanctions, or in violation of our or any third party’s intellectual property or other proprietary or legal rights.

c) By using the Services, you grant A Degree Above a worldwide, non-exclusive, royalty-free licence to use, host, process and analyse the content of your conversations, prompts and other inputs (“User Content”) for the purpose of providing, maintaining, securing and improving the Services, including the training, testing and fine-tuning of Altius’s underlying AI models, unless and to the extent you have opted out of such use in accordance with our Privacy Policy.

d) You are solely responsible for the User Content you submit through the Services. You represent that you have all necessary rights, consents and authorisations to submit such User Content, including where it contains confidential, proprietary or personal information.

e) You acknowledge that the Services may involve the disclosure of confidential, proprietary or commercially sensitive business information belonging to you, your employer, colleagues, clients or other third parties. Altius implements reasonable safeguards to protect such information in accordance with its Privacy Policy; however, the Services are not a substitute for a non-disclosure or confidentiality agreement, and you should not input any information that you are legally or contractually prohibited from disclosing.

4. Intellectual Property Rights

a) All content on the Website, including text, graphics, logos, icons, images, videos, case studies, simulation scenarios, rubrics, evaluation frameworks, coaching content and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, AI models, algorithms, models, processes, weights, training methodologies and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof is the exclusive property of A Degree Above to the extent applicable, is protected by Indian copyright, trademark and other intellectual property laws. Neither Website content nor functionality of the Website may be copied, reproduced, modified, reverse engineered, altered (including the removal or disabling of any security or technological safeguards, disclaimers, or legends) uploaded, published, posted, transmitted, or distributed in any way without our written permission. All rights not expressly granted are reserved.

b) Subject to your compliance with these Terms, A Degree Above grants you a limited, non-exclusive, non-transferable licence to use the AI Outputs generated for you for your internal business or training purposes. A Degree Above does not warrant or guarantee the originality, non-infringement, accuracy or uniqueness of any AI Output, and similar or identical AI Outputs may be generated for other users of the Services. As between you and A Degree Above, you retain any rights you may have in the User Content you submit, subject to the licence granted to A Degree Above and the rights of any third parties in such content. You acknowledge that simulation scenarios, case studies, rubrics and related materials made available through the Services are the intellectual property of A Degree Above and may not be extracted, reproduced or used outside the Services without express written permission.

5. Comments, Feedback, and Other Submissions

a) If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (i) to maintain any Comments in confidence; (ii) to pay compensation for any Comments; or (iii) to respond to any Comments.

b) We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

c) You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

5A. Testimonials and Marketing Use of Reviews

a) Where, after a simulation, you choose to submit a free-text review, comment or quote about your experience with the Services together with your name and/or your organisation’s name (“Review Content”), A Degree Above may reproduce, adapt, publish and display your Review Content without any cost or charges, together with your name and organisation’s name, on our Websites, and in our marketing and promotional materials, in accordance with the consent and processing terms set out in our Privacy Policy.

b) You represent and warrant that (i) you have the right to associate your organisation’s name with your Review Content, and that doing so does not breach any policy, contract, or duty of confidentiality you owe to your employer or organisation; and (ii) your Review Content reflects your genuine opinion, is accurate to your knowledge, and does not disclose any confidential or proprietary information of your organisation.

c) Submitting Review Content, and any accompanying name or organisation name, is entirely optional and will not affect your access to, or use of, the Services.

6. Privacy Policy

a) Please review the Privacy Policy and the separate Cookies Policy for more information regarding the ways in which your personal information is collected in connection with your use of this website, the purposes for which your personal information is used and how it is shared, including how such policies apply the Digital Personal Data Protection Act, 2023 and rules framed thereunder.

7. Errors, Inaccuracies, and Omissions

a) Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice.

b) We undertake no obligation to update, amend or clarify information in the Service or on any related website, except as required by law.

8. Prohibited Uses, Lockout and Fair Use

a) In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) to reverse engineer, decompile, disassemble, or otherwise attempt to discover or extract the underlying AI models, algorithms, source code, weights or training data of the Services; (m) to use the Services to develop, train or improve any competing artificial intelligence or machine learning model or product; (n) to input any content that infringes confidentiality obligations you owe to your employer, clients or any third party; or (o) to attempt to circumvent any content filters, safety mechanisms or usage restrictions implemented in the Services, including through prompt injection or similar techniques.

b) We operate abuse detection and lockout mechanisms. We reserve the right, at our sole discretion and without prior notice, to suspend, lock out or terminate your access to the Services (in whole or in part) where we detect or reasonably suspect abuse, misuse, violation of these Terms, attempts to circumvent safety or usage controls, or other conduct that may harm the Services, other users or A Degree Above. Lockouts may be temporary or permanent depending on the nature and severity of the conduct.

c) We also apply fair-use and usage restrictions. Access to the Services may be subject to limits on volume, frequency, duration or features, including limits applicable to free, paid or organisation-sponsored access as configured for your account or as agreed with the sponsoring organisation. We reserve the right to enforce such limits, throttle usage, or suspend access where fair-use or contractual usage limits are exceeded.

9. Disclaimer of Warranties; Limitation of Liability

a) Your access to our Website and Service is at your sole risk. If you are dissatisfied with any of the content on our Website or Service or with any of the terms described herein, your sole remedy is to discontinue accessing our Website and Service. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

b) You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

c) We disclaim any responsibility for the accuracy or reliability of the content, including any AI Output, contained within the Website and/or our Service.

d) In no case shall A Degree Above, our proprietor, subscribers, officers, managers, and employees be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or AI Output, any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

e) Without limiting the foregoing, A Degree Above makes no warranty or representation regarding the accuracy, completeness, reliability or suitability of any AI Output for any particular purpose, and you assume full responsibility and risk for any reliance on or use of AI Outputs.

f) A Degree Above makes no warranties hereunder, and expressly excludes and disclaims all other warranties, express or implied, including, without limitation, warranties of merchantability and fitness for a particular purpose.

10. Indemnification

a) You agree to indemnify, defend and hold harmless A Degree Above and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees and interns from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.

11. Termination

a) The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

b) These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.

c) If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services.

d) Upon termination of these Terms of Service, you shall immediately cease all use of and access to the Services.

12. Miscellaneous

a) Severability. Any provision in these Terms of Service which is prohibited, invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions or affecting the validity or enforceability of such provision in any other jurisdiction.

b) Amendment. Altius may modify or update this Agreement from time to time in its sole discretion, including by posting the update on Altius’s website.

c) No Third-Party Rights. There are no third-party beneficiaries to these Terms of Service.

d) Force Majeure. In no event shall either party be liable to the other for any delay, hindrance, default or other failure to perform hereunder (except for a failure to pay fees for the Services) to the extent caused by circumstances beyond its control, including, but not limited to, any acts or omissions of any governmental authority, natural disaster, war, act of a public enemy, acts of terrorism, nation-state cyber-attacks and ransomware, riots, sabotage, pandemics or epidemics, labor strikes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, or any other events beyond the Party’s control (each, a “Force Majeure Event”). For the avoidance of doubt, COVID-19, SARS, Ebola, H1N1, and other similar infectious diseases and outbreaks shall be considered a Force Majeure Event hereunder. Notwithstanding anything herein to the contrary, Altius may terminate these Terms of Service upon ten (10) days written notice to you in the event of any Force Majeure Event without penalty or liability.

e) Governing Law; Jurisdiction and Venue. These Terms of Service shall be governed by the laws of India without regard to conflict of laws principles. The exclusive venue for any judicial action arising out of or relating to these Terms of Service will be New Delhi, India, and the parties hereby irrevocably consent to the exclusive jurisdiction and venue of such courts.

f) Notice. Any notice or communication required or permitted under these Terms of Service shall be in writing. Altius may provide you with notices at the email address provided by you or at the physical address (if any) provided. Notices may be provided to A Degree Above at [email protected]. Physical notices shall be deemed to have been received by the addressee (a) if given by hand, immediately upon receipt; (b) if given by overnight courier service, the first business day following dispatch or (c) if given by registered or certified mail, postage prepaid and return receipt requested, the second business day after such notice is deposited in the mail. Email notices shall be deemed to have been received on the date of receipt of the email. In addition, any legal notices to Altius must be delivered to the following email address: [email protected], but, notwithstanding earlier receipt via email, legal notices will be deemed received when the physical notice is received (as set forth in preceding sentence).

g) Entire Agreement. These Terms and any policies or operating rules posted by us on this site or in respect to the Website and Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

13. Contact Information

Questions about the Terms of Service should be sent to us at [email protected] or [email protected].