Effective Date: [?]

These Terms of Use (?Terms?) govern access to and use of the website https://brainberg.in, including all webpages, microsites, subdomains, redirection links, landing pages and informational interfaces made available by Brainberg Knowledge Solutions Private Limited, a company incorporated under the Companies Act, 2013 and having its office at Office No.1, First Floor, Prestige Icon, Above Lakme Salon Lane No.14, Prabhat Rd, Pune, Maharashtra 411004 (?Brainberg?, ?we?, ?us? or ?our?) (collectively, the ?Brainberg Website?).

By accessing, browsing or using the Brainberg Website, or by clicking through to any platform or service promoted or linked therefrom, you acknowledge that you have read, understood and agree to be bound by these Terms and the Privacy Policy, which is incorporated herein by reference.

If you do not agree, you must immediately discontinue access and use.

These Terms constitute an electronic record under the Information Technology Act, 2000 and applicable rules.

1. DEFINITIONS 

1.1 ?Platforms??means one or more digital platforms, web applications, software systems or technology solutions that are promoted, branded, referenced, linked to or accessed through the Brainberg Website, whether owned, operated, licensed or made available by Brainberg or its affiliates, including but not limited to:?(a) ?Traitfit Platform?, being the assessment and analytics web application accessible at https://traitfit.com; and?(b) ?Mission Margdarshan Platform?, being a counselling and guidance module operated on a separate technological infrastructure, whether web-based, call-based or otherwise accessible at [?]. Mission Margdarshan may be implemented as part of a programmatic, institutional or government-supported initiative, and may be subject to platform-specific or program-specific terms and guidelines.

1.2 ?User??means any individual or entity who accesses, browses or uses the Brainberg Website in any manner, including but not limited to employers, employees, authorised representatives of institutional clients, candidates, counsellors, administrators, consultants or general visitors, whether acting in an individual or representative capacity.

1.3 ?Institutional Client??means any organisation, employer, enterprise, government authority, public body, educational institution or other entity that engages Brainberg and/or any of the Platforms pursuant to a separate written commercial, institutional or program-specific arrangement.

1.4 ?Services??means informational, descriptive and facilitative services made available through the Brainberg Website, including without limitation descriptions of platforms, demonstrations, program outlines, redirections to Platforms, institutional offerings, brand-level content, and related materials, but excluding operational services delivered directly through any Platform unless expressly agreed under a separate written contract.

For the avoidance of doubt, Services as defined herein do not include counselling, guidance or advisory services rendered through Mission Margdarshan, which are governed by Clause 5 and any applicable program-specific terms.

2. ROLE AND SCOPE OF THE BRAINBERG WEBSITE 

2.1 Gateway Role

The Brainberg Website functions as:

(i) the official brand website of Brainberg;?(ii) an informational interface describing Brainberg?s programs, platforms, technologies and institutional offerings; and?(iii) a gateway, access and redirection point through which Users may be directed to independent Platforms operated within the Brainberg brand ecosystem.

For the avoidance of doubt, the Brainberg Website acts as a facilitative and introductory interface only, and does not itself provide, execute or control operational services offered on any Platform.

2.2 No Operational Platform at Website Level

The Brainberg Website itself does not, whether directly or indirectly:

(i) host, administer or operate assessment engines, test delivery systems, analytics tools or counselling mechanisms;?(ii) process, manage or track credits, pricing, payments, invoicing, refunds or test consumption; (iii) generate, evaluate, modify or store candidate assessment reports, scores or outputs; or (iv) conduct, supervise or control counselling sessions, guidance interactions or human-led advisory processes.

All such activities, where applicable, are performed exclusively on the respective Platforms, using their own technological infrastructure, and are governed solely by the applicable Platform-specific terms, policies and contractual arrangements.

2.3 Separate Platform Terms and Contractual Segregation

Access to and use of any Platform promoted, referenced or linked through the Brainberg Website shall be governed by separate and independent terms of use, privacy policies, commercial terms and program guidelines applicable to that Platform.

Upon redirection from the Brainberg Website, Users shall be required to review and accept the relevant Platform terms as a condition precedent to access or use.

Brainberg shall not be responsible or liable for:

(i) any User?s failure or refusal to review or accept such Platform terms; or?(ii) any acts, omissions, disputes, claims or liabilities arising out of or in connection with the User?s use of any Platform.

3. NO OFFER, NO GUARANTEE, NO RELIANCE 

3.1 Informational Nature

All content, materials, descriptions, representations and references made available on the Brainberg Website are provided solely for general informational and institutional awareness purposes and shall not constitute:

(i) a binding offer, proposal or solicitation;?(ii) professional, technical, psychological, counselling, recruitment, employment or advisory services; or?(iii) a commitment, assurance or obligation to provide any services, functionalities or outcomes, except where expressly agreed under a separate written contract executed by Brainberg.

No information displayed on the Brainberg Website shall be construed as creating any contractual, fiduciary or professional relationship between Brainberg and any User.

3.2 No Outcome, Employment or Decision Guarantee

Brainberg expressly disclaims any guarantees, representations or warranties in relation to:

(i) hiring, recruitment or onboarding outcomes;?(ii) candidate suitability, aptitude, competence or performance;?(iii) employment, promotion, appraisal or selection decisions; or?(iv) business, academic or organisational outcomes arising from the access to or use of any Platform.

All decisions taken by Institutional Clients or Users based on Platform outputs, reports, analytics or counselling interactions (where applicable) are taken solely at their own discretion and risk, and Brainberg shall not be responsible for the basis, interpretation or consequences of such decisions.

Without prejudice to the foregoing, counselling and guidance interactions facilitated through Mission Margdarshan are intended to support exploration and informed decision-making and shall not be construed as definitive advice or as guaranteeing any academic, career, employment or personal outcome.

4. REDIRECTION TO OPERATIONAL PLATFORMS

4.1 Traitfit as Independent Assessment Platform

The Traitfit Platform, accessible at https://traitfit.com, is a distinct and independently functioning web application that enables, inter alia:

(i) employee login, role-based access and administration;?(ii) creation, configuration and assignment of assessment tests;?(iii) credit-based test usage and automated credit consumption; (iv) maintenance of timestamped system logs, including test creation, dispatch, completion and report generation;?and (v) generation, access and sharing of assessment reports with authorised employees and candidates.

All such functionalities are executed, controlled and governed exclusively within the Traitfit Platform, and are subject to the Traitfit Terms of Use, Privacy Policy and commercial terms accepted by Users upon accessing the Traitfit Platform.

4.2 No Brainberg Operational Liability ? Traitfit 

Traitfit is a platform owned and operated by Brainberg. Notwithstanding such ownership, Users expressly acknowledge and agree that:

(i) configuration, creation, administration and assignment of tests on the Traitfit Platform are user-driven and user-controlled actions;

(ii) credits are consumed automatically based on test usage and actions initiated by authorised Users, and Brainberg does not exercise discretion or judgment in individual credit utilisation;

(iii) participation, completion or non-completion of tests by candidates is outside Brainberg?s control; and

(iv) assessment reports and outputs generated on the Traitfit Platform are algorithmic and system-generated, and their interpretation, communication and use are matters of independent judgment by employers, employees, institutions or candidates.

Accordingly, to the maximum extent permitted under applicable law, Brainberg shall not be liable for any loss, damage or claim arising out of or in connection with:

(a) errors, omissions or misuse in test configuration, assignment or administration by Users;?(b) credit allocation, consumption or exhaustion resulting from User actions;?(c) candidate delay, failure or refusal to complete assessments;?(d) reliance upon, interpretation or communication of assessment reports or outputs; or?(e) decisions, including hiring, employment, appraisal, admissions or organisational decisions, taken on the basis of Traitfit assessments or reports.

The Traitfit Platform shall continue to be governed by platform-specific terms, privacy policies and commercial terms, which apply in addition to these Terms.

Nothing in this Clause shall be construed as excluding liability that cannot be excluded under applicable law or as disclaiming responsibility for Brainberg?s wilful misconduct.

5. MISSION MARGDARSHAN PLATFORM 

5.1 Programmatic and Counselling-Oriented Nature

Mission Margdarshan is a counselling and guidance platform operated under the Brainberg brand ecosystem and implemented on a programmatic and institutional model, similar in nature to large-scale guidance initiatives such as Dronarjun.

Mission Margdarshan is intended to facilitate:

(i) structured counselling and guidance interactions;?(ii) exploratory discussions relating to education, careers or personal development; and?(iii) institutional or program-led guidance workflows, and is not intended to function as a commercial marketplace, employment service or placement platform.

5.2 Advisory and Non-Determinative Nature

Users expressly acknowledge and agree that:

(i) counselling, guidance and interactions provided through Mission Margdarshan are advisory and indicative in nature only;?(ii) such interactions are intended to support informed decision-making and discussion, and not to provide definitive or binding outcomes; and?(iii) Mission Margdarshan does not guarantee academic success, career outcomes, employment, admissions or life decisions.

Mission Margdarshan shall not be construed as providing medical, psychological, psychiatric, therapeutic or professional advice.

5.3 Institutional Oversight and User Responsibility

Where Mission Margdarshan is accessed as part of an institutional, organisational or programmatic engagement: (i) participation may be subject to applicable institutional guidelines or program-specific conditions;?(ii) counselling interactions may be facilitated, supervised or coordinated through authorised personnel; and?(iii) responsibility for decisions taken pursuant to counselling or guidance rests solely with the User and/or the relevant institution.

Brainberg shall not be liable for decisions, actions or outcomes arising from counselling interactions conducted through Mission Margdarshan.

5.4 Separate Terms and Platform Governance

Mission Margdarshan will be governed by separate platform-specific terms, privacy policies or program guidelines, which shall apply in addition to these Terms and shall prevail in case of inconsistency.

Access to Mission Margdarshan through the Brainberg Website does not create any obligation on Brainberg to provide counselling services except as expressly agreed under a separate written arrangement.

5.5 No Professional Relationship

Use of Mission Margdarshan does not create: (i) a doctor?patient relationship;?(ii) a therapist?client relationship;?(iii) an employer?employee relationship; or?(iv) any fiduciary or professional advisory relationship.

6. USER OBLIGATIONS 

Users agree that they shall, at all times:

(i) use the Brainberg Website lawfully, responsibly and in good faith, and in compliance with applicable laws, institutional policies and program guidelines;

(ii) not misrepresent their identity, authority, role or affiliation with Brainberg, any Platform, or any Institutional Client;

(iii) not misuse, distort, modify or unauthorisedly exploit Brainberg?s branding, trademarks, logos, content or representations, including in communications with candidates, institutions or third parties;

(iv) not attempt to bypass, manipulate or interfere with any redirection mechanisms, access controls or technical safeguards implemented on the Brainberg Website;

(v) not use the Brainberg Website in a manner that creates confusion as to the source, ownership or responsibility for any Platform, assessment, counselling interaction or report;

(vi) not use information, materials or references obtained through the Brainberg Website for any misleading, unlawful or unauthorised purpose, including for misrepresentation to candidates or third parties; and

(vii) comply with all additional obligations imposed under the applicable terms governing any Platform accessed through the Brainberg Website.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Ownership

All intellectual property rights in and relating to the Brainberg Website, including without limitation all trademarks, service marks, trade names, logos, brand identifiers, content, text, graphics, layout, structure, design elements, compilations, databases and proprietary materials (collectively, ?Brainberg IP?), vest exclusively in Brainberg or its licensors.

Nothing contained in these Terms shall be construed as transferring or assigning any right, title or interest in the Brainberg IP to any User.

7.2 Limited Right of Access

Users are granted a limited, revocable, non-exclusive and non-transferable right to access and view the Brainberg Website solely for lawful, informational and institutional purposes, subject to compliance with these Terms.

No User is granted any right to reproduce, distribute, modify, adapt, publicly display, commercially exploit, scrape, frame, mirror or otherwise use any Brainberg IP without the prior written consent of Brainberg.

7.3 Protection of Brand and Representations

Users shall not use the Brainberg name, trademarks, logos or branding in any manner that is misleading, defamatory, unauthorised or likely to cause confusion regarding affiliation, endorsement or responsibility for any Platform, service, assessment or counselling interaction.

Any unauthorised use of Brainberg IP may result in suspension of access and initiation of legal proceedings.

8. THIRD-PARTY CONTENT AND LINKS

The Brainberg Website may contain references or links to third-party websites, platforms, tools or resources that are not owned or operated by Brainberg, including external informational resources or service providers.

Brainberg does not control, operate or endorse such third-party content or resources and makes no representations or warranties regarding their availability, accuracy, security, legality or suitability.

Any interaction, engagement or reliance by a User on such third-party content or resources shall be at the User?s own risk, and Brainberg shall not be responsible or liable for any loss, damage or dispute arising from such interactions.

For the avoidance of doubt, platforms, modules or services owned or operated by Brainberg, including Traitfit and Mission Margdarshan, are not third-party platforms and are governed by the applicable provisions of these Terms and/or their respective platform-specific terms.

9. DISCLAIMER OF WARRANTIES

The Brainberg Website and all content, materials and information made available thereon are provided on an ?as is? and ?as available? basis.

To the maximum extent permitted under applicable law, Brainberg expressly disclaims all warranties, representations and conditions of any kind, whether express, implied or statutory, including but not limited to warranties of accuracy, completeness, reliability, fitness for a particular purpose, merchantability, non-infringement, and availability.

Brainberg does not warrant or represent that: (i) the Brainberg Website or any content made available thereon will be accurate, complete, current or suitable for any specific use or decision-making purpose;?(ii) access to the Brainberg Website will be uninterrupted, timely, secure or error-free;?(iii) the Brainberg Website will be free from technical issues, delays, interruptions, defects, vulnerabilities or harmful components; or?(iv) any identified defects, errors or issues will be corrected within any specific timeframe or at all.

Users acknowledge and agree that use of the Brainberg Website and reliance on any content or information made available thereon is at their sole discretion and risk, subject always to the exclusions and limitations set out in these Terms.

Nothing in this clause shall exclude or limit any warranty or obligation that cannot be excluded or limited under applicable law.

10. LIMITATION OF LIABILITY

To the maximum extent permitted under applicable law, Brainberg shall not be liable, whether in contract, tort (including negligence), strict liability or otherwise, for any indirect, incidental, consequential, special or reputational damages arising out of or in connection with:

(a) access to, use of or reliance upon the Brainberg Website, including informational content, descriptions or redirections made available thereon;

(b) use of any platform, module or service owned or operated by Brainberg, including the Traitfit Platform and Mission Margdarshan, where such loss or damage arises from: (i) user-configured test creation, assignment or administration; (ii) credit usage, allocation or consumption decisions; (iii) candidate participation, non-participation or incomplete responses; (iv) interpretation, communication or reliance upon assessment reports, analytics or counselling interactions; or (v) decisions taken by employers, institutions, counsellors or Users based on platform outputs or guidance;

(c) any academic, career, employment, organisational or personal outcomes, including hiring, promotion, appraisal, admissions or counselling-related decisions, taken on the basis of assessments, reports or guidance facilitated through Brainberg-owned platforms; or

(d) any interruption, delay, technical issue or unavailability of the Brainberg Website or any Brainberg-owned platform, except to the extent caused solely by Brainberg?s wilful misconduct.

Nothing in these Terms shall exclude or limit any liability that cannot be excluded under applicable law. 

Without prejudice to the exclusions and limitations set out above, and to the extent permitted under applicable law, the aggregate liability of Brainberg arising solely out of or in connection with the Brainberg Website (and not any Platform or program accessed through the Website) shall not exceed the amount actually paid by the User to Brainberg specifically for access to or use of the Brainberg Website.

11. INDEMNITY

Users agree to indemnify, defend and hold harmless Brainberg, its affiliates, directors, officers, employees and authorised representatives (collectively, the ?Indemnified Parties?) from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, penalties, fines, costs and expenses (including reasonable attorneys? fees) to the extent arising out of or in connection with: (i) misuse of the Brainberg Website or use inconsistent with these Terms;?(ii) breach of these Terms or any applicable law, regulation or binding guideline;?(iii) any misrepresentation of identity, authority or affiliation with Brainberg, any Platform or any Institutional Client; or?(iv) infringement or alleged infringement of the intellectual property, privacy, confidentiality or other proprietary rights of any third party by the User or through the User?s actions.

11.1 Indemnity Procedure

Brainberg shall provide reasonable notice to the User of any claim for which indemnity is sought, provided that any delay in notification shall not relieve the User of its indemnity obligations except to the extent such delay materially prejudices the defence. Brainberg may, at its option, participate in the defence and settlement of any such claim with counsel of its choosing.

The User shall not settle any claim in a manner that imposes any admission of liability, restriction, obligation or financial commitment on any Indemnified Party without Brainberg?s prior written consent.

11.2 Exclusions

Notwithstanding the foregoing, the User?s indemnity obligations shall not apply to the extent a claim arises solely from Brainberg?s wilful misconduct or material breach of these Terms, as finally determined by a court of competent jurisdiction.

11.3 Survival

This indemnity shall survive the suspension or termination of access to the Brainberg Website and the expiry of these Terms.

12. DATA PROTECTION AND PRIVACY

Personal data collected through the Brainberg Website shall be processed in accordance with Brainberg?s Privacy Policy, which forms an integral part of these Terms.

Data collected, processed or stored at the Platform level (including Traitfit or Mission Margdarshan) shall be governed by the respective platform-specific privacy policies and applicable data protection laws.

Users acknowledge that no system is entirely secure and that, notwithstanding reasonable safeguards, residual risks may remain.

13. SUSPENSION AND TERMINATION

Brainberg reserves the right, at its sole discretion, and with or without prior notice, to restrict, suspend or terminate a User?s access to the Brainberg Website, in whole or in part, where such action is required or considered appropriate for:

(i) security, integrity or protection of the Brainberg Website or any Brainberg-owned platform;?(ii) compliance with applicable law, regulation, court order or governmental direction;?(iii) investigation or prevention of unauthorised use, misuse, misrepresentation or breach of these Terms;?(iv) operational, technical or maintenance reasons; or?(v) risk mitigation, including reputational, legal or data-protection risks.

Where practicable, Brainberg may provide notice of such suspension or termination; however, no prior notice shall be required where immediate action is necessary to protect Brainberg, Users, Institutional Clients or any Platform.

13.1 Effect of Suspension or Termination

Upon suspension or termination of access:

(i) the User?s right to access or use the Brainberg Website shall immediately cease to the extent specified by Brainberg;?(ii) the User shall not attempt to access the Brainberg Website through any alternative means; and?(iii) Brainberg may take such ancillary technical or administrative measures as it deems necessary to enforce the suspension or termination.

13.2 No Waiver of Rights

Suspension or termination of access shall not affect any accrued rights, obligations or liabilities of the User or Brainberg under these Terms, including obligations relating to intellectual property, confidentiality, indemnity, limitation of liability and governing law.

13.3 No Obligation to Continue Access

Nothing in these Terms shall be construed as obligating Brainberg to continue providing access to the Brainberg Website for any minimum period or at any particular level of availability.

14. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of India.

The acceptance of these Terms shall be deemed to have occurred at Pune, Maharashtra, and the courts at Pune, Maharashtra shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms or the Brainberg Website.

15. GRIEVANCE REDRESSAL

In accordance with the Information Technology Act, 2000 and the rules made thereunder, the details of the Grievance Officer for the Brainberg Website are as follows:

Name/ Designation: [?], Grievance Officer?

Organisation: Brainberg Knowledge Solutions Private Limited?

Office Address: [?]?

Email: [?]@brainberg.in?

Contact No.: +91-[?]?

Working Hours: Monday to Friday, 10:00 a.m. to 6:00 p.m. (IST), excluding public holidays

Users may submit grievances or complaints by email or in the manner specified on the Brainberg Website. Brainberg shall acknowledge receipt of grievances and endeavour to resolve the same within the timelines prescribed under applicable law.

Grievances relating to data protection or privacy shall be addressed in accordance with the Privacy Policy and applicable data protection laws.

16. CHANGES TO TERMS

Brainberg reserves the right to modify, update or amend these Terms from time to time to reflect changes in law, technology, business operations or risk posture.

Updated Terms shall be made available on the Brainberg Website, and continued access or use of the Website after such update shall constitute acceptance of the revised Terms.

Last Updated: [?], 2026