Terms of Service
Last updated: [DATE]
Welcome to BrainScore. These Terms of Service ("Terms") govern your access to and use of our AI-powered online examination and assessment platform, including our website, applications, and related services (collectively, the "Service"). By registering, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
1. Eligibility and Account Registration
You must be at least 16 years of age (or the age of majority in your jurisdiction) to use the Service. By using the Service, you represent that you meet these requirements. To access certain features, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe to be fraudulent or abusive.
2. Description of the Service
BrainScore provides an AI-powered platform for creating, administering, and grading online examinations and assessments. The Service may include tools for exam creation, automated grading, AI proctoring and monitoring, analytics and reporting, certificate generation, subscription-based access to examinations, and related features. We may modify, expand, or discontinue parts of the Service at any time. We will use reasonable efforts to notify you of material changes that adversely affect your use of the Service.
3. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not: attempt to cheat, manipulate, or undermine the integrity of any examination or assessment; use or attempt to use another user's account, or share your account with others; use automated means (e.g., bots or scripts) to access the Service without our written permission; interfere with or disrupt the Service or servers or networks connected to the Service; reverse engineer, decompile, or attempt to extract the source code of the Service; use the Service to distribute malware, spam, or illegal or harmful content; or violate any applicable law, regulation, or third-party rights. Violation of these provisions may result in immediate termination of your account and access to the Service, and we may report misconduct to relevant institutions or authorities.
4. Examinations and Assessments
Examinations and assessments available on the Service are created by administrators, instructors, or by us. You must comply with all instructions, time limits, and rules set for each examination. Results, scores, and certificates are generated by our systems; we do not guarantee that grading or proctoring will be error-free. Disputes regarding examination content, grading, or outcomes should be directed to the entity that created or owns the examination. We are not responsible for the accuracy, quality, or legality of third-party-created examination content. You may only use your examination results and certificates in accordance with the rules of the issuing institution or organization.
5. Subscriptions, Payments, and Refunds
Access to certain examinations and features may require a paid subscription. By subscribing, you agree to the applicable pricing, billing cycle, and payment terms presented at the time of purchase. Fees are generally charged in advance (e.g., monthly or annually) and are non-refundable except as required by law or as explicitly stated in our refund policy. You authorize us to charge your selected payment method for recurring subscriptions until you cancel. You may cancel your subscription in accordance with the instructions in your account settings; cancellation will typically take effect at the end of the current billing period. We may change subscription fees upon reasonable notice; continued use after a fee change constitutes acceptance. All fees are in the currency and format displayed at checkout. You are responsible for any applicable taxes.
6. Intellectual Property
The Service, including its software, design, text, graphics, logos, and other materials (excluding user-generated and third-party content), is owned by us or our licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or institutional use in accordance with these Terms. You may not copy, modify, distribute, sell, or create derivative works based on the Service or our content without our prior written consent. You retain ownership of content you submit (e.g., examination responses), but you grant us a license to use, store, process, and display that content as necessary to operate the Service and to provide it to administrators or instructors as appropriate. Trademarks, names, and logos used on the Service are the property of their respective owners.
7. Privacy and Data
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to the practices described in the Privacy Policy. We process examination data, including responses and proctoring information, to deliver the Service, to perform grading and analytics, and as otherwise set out in the Privacy Policy and these Terms.
8. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. We do not guarantee the accuracy of automated grading, AI proctoring, or analytics. You use the Service at your own risk. Some jurisdictions do not allow the exclusion of certain warranties; in such cases, the above exclusions may not apply to you to the extent prohibited.
9. Limitation of Liability
To the fullest extent permitted by law, we and our affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, use, or goodwill, arising out of or in connection with your use of the Service or these Terms, whether based on warranty, contract, tort (including negligence), or any other legal theory. Our total liability for any claims arising from or related to the Service or these Terms shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or one hundred (100) currency units if you have not paid us. These limitations apply even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability; in such cases, our liability will be limited to the maximum extent permitted by law.
10. Indemnification
You agree to indemnify, defend, and hold harmless BrainScore and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: your use of the Service; your violation of these Terms or any applicable law; your violation of any third-party rights; or any content or data you submit or that arises from your account. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense.
11. Termination
We may suspend or terminate your account and access to the Service at any time, with or without cause or notice, including for violation of these Terms. Upon termination, your right to use the Service ceases immediately. You may terminate your account at any time through your account settings or by contacting us. Sections of these Terms that by their nature should survive termination (including, but not limited to, intellectual property, disclaimers, limitation of liability, indemnification, and governing law) shall survive. We may retain certain data as described in our Privacy Policy after termination.
12. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of [JURISDICTION], without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or the Service shall be resolved exclusively in the courts located in [JURISDICTION], and you consent to the personal jurisdiction of such courts. If you are a consumer in the European Union or the United Kingdom, you may also have rights under mandatory consumer protection laws of your country of residence.
13. Changes to the Terms
We may modify these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. For significant changes, we may also notify you by email or through the Service. Your continued use of the Service after the effective date of the changes constitutes acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service and may terminate your account.
14. General
These Terms, together with the Privacy Policy and any additional terms or policies we provide for specific features, constitute the entire agreement between you and BrainScore regarding the Service. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. You may not assign or transfer these Terms or your account without our prior written consent; we may assign our rights and obligations without restriction. Nothing in these Terms creates any partnership, joint venture, or agency relationship between you and us.
15. Contact Us
If you have questions about these Terms of Service, please contact us at the email address or mailing address provided in your account settings or on our website.