1. Acceptance of Terms
By accessing or using the TestPilot platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms. If you do not agree, do not use the Service.
2. Description of Service
TestPilot provides an enterprise Platform as a Service (PaaS) for creating, administering, and analysing online assessments, including optional AI-powered proctoring features. The Service is made available to organisations ("Customers") and their authorised end users ("Users").
3. Accounts and Access
- You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
- You must notify us immediately at support.testpilot@gmail.com if you suspect unauthorised access to your account.
- You may not share your account credentials or allow others to access the Service using your credentials.
- We reserve the right to suspend or terminate accounts that violate these Terms.
4. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any regulations
- Attempt to circumvent, disable, or interfere with security features
- Upload or transmit malicious code, viruses, or harmful content
- Reverse-engineer, decompile, or disassemble any part of the Service
- Scrape, crawl, or systematically extract data from the Service
- Impersonate another person or entity during an assessment
- Use automated tools to complete assessments or circumvent proctoring controls
5. Customer Responsibilities
Customers are responsible for:
- Ensuring that their use of the Service, including proctoring features, complies with applicable privacy laws and obtaining any required consents from Users
- The accuracy and legality of assessment content uploaded to the platform
- Managing user access and promptly revoking access for departed employees or students
- Maintaining appropriate technical and organisational security measures on their end
6. Intellectual Property
TestPilot and its licensors retain all intellectual property rights in the Service, including software, design, trademarks, and documentation. These Terms do not grant you any ownership rights in the Service.
You retain ownership of all content you upload to the Service ("Customer Content"). By uploading Customer Content, you grant TestPilot a limited licence to host, process, and display that content solely to provide the Service.
7. Payment and Billing
Subscription fees are billed in advance on the agreed billing cycle. All fees are non-refundable except as described in our Refund Policy. We reserve the right to suspend access for overdue accounts after providing reasonable notice.
8. Service Availability
We target 95.8% monthly uptime for the Service. Scheduled maintenance windows will be communicated in advance. We are not liable for downtime caused by factors outside our reasonable control, including internet outages, third-party service failures, or force majeure events.
9. Limitation of Liability
To the maximum extent permitted by law, TestPilot shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of or inability to use the Service. Our total aggregate liability shall not exceed the fees paid by you in the 12 months preceding the claim.
10. Disclaimer of Warranties
The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be error-free or uninterrupted.
11. Termination
Either party may terminate the agreement with 30 days' written notice. We may terminate immediately for material breach of these Terms. Upon termination, your access to the Service will cease and we will delete your data in accordance with our Privacy Policy.
12. Governing Law
These Terms are governed by and construed in accordance with applicable law. Any disputes shall be resolved through good-faith negotiation, and if unresolved, through binding arbitration or the courts of competent jurisdiction.
13. Changes to Terms
We may modify these Terms at any time. We will provide at least 14 days' notice of material changes via email or an in-app notification. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.