Conditions d' utilisation d'Exam.net

GENERAL INFORMATION

Welcome to Exam.net (“the Service”, “the Services”, “the Platform”, “the Website”), provided to you (“the user”, “you”) by one of the following:

if your account is connected to a US educational institution: Exam.net US, Inc., a Delaware Corporation registered at 1013 Centre Road Suite 403-B, Wilmington, Delaware, and located at 769 Monterey Blvd Suite 5A. San Francisco, CA 94127
if your account is connected to a non US educational institution: Teachiq AB, a corporation registered at Svärdvägen 9, 182 33 Danderyd, Sweden and located at Svärdvägen 9, 182 33 Danderyd, Sweden

jointly “Exam.net”, “we”, “us”. Your usage of the Services is conditioned by the terms in this document (”Terms of use”). The Platform is a cloud-based service which assists teachers in carrying out on-line exams with their students. The access and subscription is administered by the relevant educational institution attended by the students. You accept the Terms of Use in this document by checking the box ”Accept our user terms […]” when you register a user account on the Website. Any personal data that you might disclose to us will be treated and processed in accordance with our Privacy Policy, which is applicable when you register your user account, when you use our Services and when you communicate with us. The Services are not intended for use by users under the age of 18, provided however, that students may use the Services for educational purposes at the invitation and direction of their school or teacher. We do not knowingly collect information from users under the age of 18, other than students using the Services at the invitation of their school. Please note that we cannot provide our Services to you unless the users accept these Terms of Use.

USER ACCOUNT AND PASSWORD

To be able to use the Services you must register a user account and sign in. You accept these Terms of Use when registering an account. When registering your user account, you will be prompted to share certain information about yourself, for example your first and last name and your email address. This personal information will be used to provide the Services to you. Read more about how we collect and store your personal information in our Privacy Policy. It is a condition of your use of the Website and the Platform that all the information you provide to us is correct, current and complete. In some cases, we may need to verify the provided user information, in order to make sure that you are an eligible user. You accept that we share certain personal information of yours, such as name and email address, with your school representatives (for example head teacher, school administrator or similar) for that purpose. Your user account is private and you may not transfer your account to a third party. You are responsible for protecting your user name and password so that unauthorized persons do not gain access to your account. You also accept that you may not share (deliberately or by carelessness) your user name and/or password with any third parties, nor let a third party use your account or your access to the Services. If you have reason to believe that an unauthorized third party has gained access to the Services, you are obliged to notify us immediately. We have the right to, but are not obliged to, disable or suspend your account if we have reason to believe that a third party has gained unauthorized access to your user account or if we deem necessary. You agree that you release us now and forever from any liability incurred by you as a result of our termination/suspension of your account and that you shall indemnify, defend and otherwise hold us harmless for any liability, claims, damages, liens, penalties, fines or fees (including attorney’s fees and/or accounting fees) which we may incur or are brought against us by any party as a result, either directly or indirectly of our decision to terminate your account. You acknowledge that without limitation, grounds for termination of your account may include any violation of these Terms of Use by you or any party using your account, the order/request of any regulatory, investigatory, law enforcement, government or judicial agency/entity. As a user, you are entitled to close or remove your account from the Platform at any time, provided that such removal will not delete data, content and materials owned by the educational institution.

USING THE SERVICES

The Services are primarily aimed at teachers as users, but users could also be employed in other teaching roles or administrative functions. Students do not have accounts, and only use the Platform at the invitation and direction of their school or teacher. Under the conditions set forth in these Terms of Use you are given a non-exclusive, non-transferable, revocable, right to use the Service for its intended purposes only. Using the Services After having registered your account, you are able to create and upload tests, quizzes, exams and similar material (in this document referred to as “exams”) on the Platform. Exams that are uploaded to the Platform are considered User material, please refer to the section section INTELLECTUAL PROPERTY RIGHTS AND USER MATERIAL for terms and conditions on User material. For each exam, you may enable and disable a range of tools in the exam settings, and you select what personal information the students have to enter before starting the exam. When you are finished editing the exam and its settings, you may let students access the exam and see the questions and/or the writing area in the Platform by distributing a so-called “exam key”. The students go to exam.net, enter the exam key along with their personal information as selected by you, and then gain access to the specific exam. During the exam, you can monitor the progress of the students’ work on the Platform. When the exam is finished, the students’ answers may be viewed by you. Students’ answers may also be printed and/or downloaded to a chosen space or folder of your choice and control, for sake of clarity, outside of the Platform. Student personal information notice Exam.net has no other purpose to collect and process student personal information apart from ensuring that the teacher can connect submitted answers to the right student and to prevent cheating. Exam.net does not use student personal information or contact details for its own use. The responsibility for ensuring that applicable parties have provided consent, if applicable, to Exam.net’s collection and processing of student information lies solely on the educational institution and its principal organizer. Exam.net shall not be responsible for obtaining such consent and shall not be held liable in the event the educational institution has failed to obtain a valid consent from the students and/or their legal representatives.

UPLOADED MATERIAL AND CODE OF CONDUCT

You are responsible for all user material (please refer to the section INTELLECTUAL PROPERTY RIGHTS AND USER MATERIAL , other information or communication uploaded to the Website by you. You are also responsible for any material uploaded by students who are using the Services at your invitation and direction, and their compliance with these Terms of Use. You accept and guarantee that you will not publish, transfer, distribute or upload any material to the Services that:

is incorrect, misleading or false;
promotes or encourages illegal activity;
is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
is likely to deceive any person;
impersonates any person, or misrepresents your identity or affiliation with any person or organization.

Furthermore, you accept and guarantee that you will not, and will not allow any third party to:

use the Services to transfer or upload files or other contents that contains viruses, trojans, corrupted data, malware, worms, logic bombs or other software or programs that can cause damage to computers, equipment or properties and that are malicious or technologically harmful,
use the Services to slander, harass, discriminate or threaten another person or in any other way violate a person’s rights,
use the Platform and the Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Platform and Services;
modify, adapt, sub-license, distribute or reproduce all of or part of the Services,
change, separate, reverse engineer, decipher, disassemble or decompile any part of the Services, unless it is expressively allowed according to mandatory legislation,
use software that automatically reads and/or collects data from the Services,
use the Services to request or encourage another user to violate the regulations in these Terms of Use,
misuse the Services or use them for any unauthorized or unlawful purpose (including promotion of viruses on the Website or usage of the Services that in any way violates the rights of another person);
use the Service and the Platform for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
use the Services and the Platform to stalk, abuse, use profanity, send sexually explicit communication, threaten, intimidate, act in a rude, vulgar, sexist, or derogatory manner, defame, insult, make racially offensive statements, or otherwise harass any user or other individual;
use the Services and the Platform to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
use the Services and the Platform to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Platform and Services, or which, as determined by us, may harm us or our users or expose them to liability.

The Services may allow you to send messages to other users. You are responsible for all messages sent by you through the Services and you guarantee that you will not send messages that violate these Terms of Use and will not harass or threaten other users. Please note that you may not enter any type of sensitive data (special category data) in the text fields that the Platform may contain. Examples of such data or information could be – but is not limited to – course grades, notes/remarks on social or medical status or development/progress for an individual. For questions concerning sensitive data or special category data, please review our Privacy Policy or alternatively send a message to privacy@exam.net. If you receive messages, images or other material that you think might violate these Terms of Use, or if you believe that the Services are being used for illegal purposes or for purposes that are non-compliant with these Terms of Use, please contact us. Exam.net reserves the right to immediately remove contents from the Website that it, in its own discretion, finds non-compliant with these Terms of Use or policies published on the Website, or in any other way is harmful to Exam.net, the Services, or its users.

NO WARRANTY

YOUR USE OF THE WEBSITE AND THE PLATFORM, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND THE PLATFORM IS AT YOUR OWN RISK. THE WEBSITE AND THE PLATFORM, THEIR CONTENTS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EXAM.NET NOR ANY PERSON ASSOCIATED WITH EXAM.NET MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE AND THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER EXAM.NET NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE AND THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE AND THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. EXAM.NET HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INTERNET CONNECTION AND TECHNICAL ENVIRONMENT

The Services is a cloud service where the user (the teacher) creates an individual account. The Services is hosted by a well-known company, with data storage in the Netherlands. All personal data is stored encrypted within the EU/EEA. The accessibility and functionality of the Services are dependent on several technical aspects which are out of Exam.net’s control including, but not limited to, internet access and server capacity. Exam.net takes no responsibility for the functionality of these technical aspects. You hereby accept that situations could arise where the Services may not be accessible for you, such as, but not limited to, various types of technical maintenance and other circumstances out of Exam.net’s control, for which Exam.net shall not be held responsible. Furthermore, we do not take responsibility for any fees connected with establishing and maintaining access to the Services, such as operators’, internet access or roaming fees.

INTELLECTUAL PROPERTY RIGHTS AND USER MATERIAL

Content

You understand and accept that the Platform and the Services may contain material supplied by us, and that such material, in whole or parts of, can be subject to copyright, trademark and/or patent protection or can be protected by trade secret and other intellectual property or proprietary rights laws. We (and, as applicable, our licensors) own all right, title and interest in and to the Platform and the Services, including any data, information, and software therein, text, displays, images, video and audio, the design, selection and arrangement thereof. Title to the Services, data, information, and software is vested solely with us and/or our licensors. These Terms of Use do not in any way entail a transfer and assignment of title or any other intellectual property rights to the Service or its content to you. We may terminate your right to use the Service at any time in the event of a material breach of one or more of the provisions contained herein, including but not limited to, perceived or actual infringement of any of our and/or our licensors’ copyright or other intellectual property rights. You agree to respect intellectual property, such as, but not limited to, copyright, brands, trademarks and company names (registered or not) included or displayed on the Website or that you have gained access to in connection to the Services. The above is also applicable for data compilations and material on the Website that are to be regarded as a database. These Terms of Use permit you to use the Platform and the Services for your personal use only. You receive no other license to use any intellectual property, other than that explicitly allowed according to these Terms of Use. Outside the scope of the license granted herein, you must not:

Modify copies of any materials from our Platform and Services;
Use any illustrations, photographs, video or audio sequences or any graphics separately from their building blocks;
Delete or alter any copyright, trademark or other proprietary rights notices from the materials from our Platform and Services.

You understand and accept that content published on the Website may belong to third parties, and that we are not in control of such content. Therefore, you understand and accept that we do not control, assume no liability for, and will not be held responsible for contents provided by third parties, displayed or made accessible on the Website.

User material

You may upload text, written comments, data, images, exercises, quizzes, tests, exams and other information (“User material”) to the Website. Please note that uploading or in any other way entering sensitive data, special category data or confidential material to the Website/the Services is not allowed. This also applies to any text fields that the Platform may contain. Such information could be – but is not limited to – course grades, remarks or notes on social or medical status or progress for an individual, as well as scanned confidential tests and exams. The User material is your property or is the property of the third party that holds the rights to such User material (and no ownership right to User material is transferred to us under these Terms of Use). You guarantee that you hold all the applicable rights to show, upload and use the User material and you grant us the right to publish and use the User material as described. In case any User material infringes on the intellectual rights of any third party, you consent to immediately remove all infringing parts of the User material and you assume full liability for any claims arising out of such infringement. Exam.net is not to be held liable for any damage, costs or expenses caused by such an infringement. We may review parts of the User material, but we do not commit to reviewing all User material. We reserve the right to remove any User material that violates the Terms of Use, that poses a risk of causing infringement, that is deemed not qualified or for any other reason is deemed not to contribute to better Services. If we become aware of or have reason to believe that your User material infringes on the intellectual properties of a third party, we have the right, but not the obligation, to remove all such material from the Website and we may deny further access to your User account, temporarily or permanently. We reserve the right to: (a) remove any User material for any or no reason in our sole discretion; (b) take any action with respect to any User material that we deem necessary or appropriate in our sole discretion, including if we believe that such User material violates the Terms of Use, infringes any intellectual property right, right of publicity or other right of any person or entity, threatens the personal safety of users of the Website and the Platform or the public or could create liability for Exam.net. (b) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. (c) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform and the Services. (d) terminate or suspend your access to all or part of the Website and the Services for any or no reason, including without limitation, any violation of these Terms of Use. (e) without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website and the Platform. YOU WAIVE AND HOLD HARMLESS EXAM.NET AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER EXAM.NET/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EXAM.NET BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, LOSS OF DATA, BUSINESS, PROFITS, COMPUTER HARDWARE OR SOFTWARE. IN NO EVENT SHALL EXAM.NET’S LIABILITY EXCEED $150. You must make any claims for damages no later than three (3) months after you discovered or should have discovered the basis for the claim, otherwise your right to make such a claim shall be forfeit.

INJUNCTIVE RELIEF

You acknowledge that any breach of these Terms of Use may cause irreparable damage to us, the exact amount of which will be difficult or impossible to ascertain, and that the remedies at law for any such breach may be inadequate. Consequently, the user agrees that in the event of a breach of the above mentioned, in addition to any other remedy which may be available in this Agreement, in law or in equity, Exam.net shall be entitled to specific performance and injunctive relief (both temporary and permanent).

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Exam.net, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website and the Platform, including, but not limited to, your User materials, any use of the Platform’s content, the Services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platform.

CHANGE OF TERMS AND TERMINATION OF THE SERVICES

We reserve the right to change these Terms of Use. We will inform you of upcoming changes on exam.net or via the email address provided by you. We may, in our sole discretion and at any time, amend the Service provided that the functionality of the Service is not materially decreased. If we intend to change the Service by materially decreasing or removing functionality then we will inform you of upcoming changes on exam.net or via the email address provided by you prior to such change becoming effective. You have the right to, at any time and without previous notification, terminate your user account. Termination or de-registration is done by sending an email with your request. We have the right to immediately deny access to the Services, if we have reason to believe that you are in violation of these Terms of Use. Furthermore, we reserve the right to, at our own discretion, at any time modify, pause, or terminate the Services, temporarily or permanently without previous notification, if required by law or decision by authority. You accept that we are not responsible towards you or any third party for such modifications, pauses or terminations.

TRANSFERS OF THIS AGREEMENT

You are not allowed to transfer any rights, obligations or licenses granted to you by these Terms of Use. If the ownership of our business changes, we might transfer these Terms of Use, information, user accounts including contents, to the new owners so that they can continue providing the Services to you. Furthermore, we hold the right to, at our own discretion, transfer our obligations according to these Terms of Use to a third party, for them to execute our obligations in our place.

GOVERNING LAW AND JURISDICTION

US customers:

All matters relating to the Platform, the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website and the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of California although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Customers outside the USA:

All matters relating to the Platform, the Website and these Terms of Use are subject to the exclusive jurisdiction of the Swedish courts and are to be governed and construed according to Swedish law.

WAIVER AND SEVERABILITY

No waiver by Exam.net of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Exam.net to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Exam.net with respect to the Website and the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website and the Platform.

YOUR COMMENTS AND CONCERNS

All feedback, comments, requests for technical support and other communications regarding the Website and the Service should be sent to:

if your account is connected to a US educational institution: infous@exam.net
if your account is connected to a non US educational institution: info@exam.net

Thank you for visiting and using our Platform and Services. Last Updated: March 12, 2024