Terms and Conditions Policy

Agreement to Terms

By accessing and using Exam Builder (“Service,” “Platform,” “we,” “us,” or “our”), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms and Conditions (“Terms”) govern your use of our exam creation and management platform operated by [Your Company Name] (“Company,” “we,” “us,” or “our”).

Acceptance of Terms

By creating an account, accessing, or using our Service, you agree that you have read, understood, and agree to be bound by these Terms. If you are entering into this agreement on behalf of an educational institution or other legal entity, you represent that you have the authority to bind such entity to these Terms.

Description of Service

Exam Builder is a comprehensive platform that provides:

Core Services

• Exam Creation: Build, edit, and organize exams with various question types
• Assessment Management: Deliver exams and manage student submissions
• Grading Tools: Automated and manual grading capabilities with rubrics
• Analytics: Performance insights, statistics, and student progress tracking
• Question Banks: Create and manage reusable question libraries
• Cloud Storage: Secure storage for exams, submissions, and grades

Additional Features

• Multi-instructor collaboration and course management
• Custom reporting and grade analytics
• LMS integrations (Canvas, Blackboard, Moodle)
• Mobile and web applications
• Import/export capabilities for exams and grades
• Technical support and documentation

User Accounts

Account Registration

To use our Service, you must:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your login credentials secure and confidential
• Be affiliated with an educational institution or have legitimate educational purposes
• Comply with all applicable laws and regulations including FERPA

Account Types

• Instructor Accounts: For faculty and teaching staff
• Student Accounts: For enrolled students (created by instructors or institutions)
• Administrator Accounts: For institutional administrators
• Guest Accounts: Limited access for evaluation purposes

Account Responsibilities

You are responsible for:

• All activities that occur under your account
• Maintaining the confidentiality of your account credentials
• Immediately notifying us of any unauthorized use
• Ensuring proper academic integrity in exam administration
• All content, exams, and data uploaded to the platform
• Compliance with your institution’s policies and academic regulations

Account Termination

We may terminate or suspend your account if you:

• Violate these Terms or our policies
• Use the Service for illegal or unauthorized purposes
• Fail to pay applicable fees
• Engage in academic dishonesty or facilitate cheating
• Violate student privacy or data protection laws
• Remain inactive for an extended period

Acceptable Use Policy

Permitted Uses

You may use our Service to:

• Create and manage legitimate academic exams and assessments
• Grade and provide feedback on student work
• Analyze student performance and learning outcomes
• Collaborate with other authorized instructors
• Integrate with approved learning management systems
• Export data for institutional reporting

Prohibited Uses

You may not use our Service to:

• Violate any laws, regulations, or third-party rights
• Facilitate academic dishonesty or cheating
• Share exam content publicly or with unauthorized individuals
• Access or view student data without proper authorization
• Transmit malicious code, viruses, or harmful content
• Reverse engineer or attempt to extract our source code
• Interfere with the Service’s security or functionality
• Create fake accounts or impersonate others
• Harass, discriminate against, or abuse other users
• Store or transmit illegal, harmful, or offensive content
• Violate FERPA or other student privacy laws
• Use the Service for non-educational commercial purposes
• Exceed rate limits or attempt to overload our systems

Academic Integrity

Instructor Responsibilities

Instructors must:

• Maintain exam security and confidentiality
• Use appropriate proctoring and security measures
• Grade fairly and consistently according to stated criteria
• Protect student privacy and educational records
• Report suspected academic dishonesty according to institutional policies
• Comply with accessibility requirements for students with disabilities

Student Conduct

Students must:

• Complete exams independently unless collaboration is explicitly permitted
• Not share exam content or questions with others
• Not use unauthorized resources during exams
• Report technical issues promptly and honestly
• Comply with the institution’s academic integrity policies

Anti-Cheating Measures

We may implement:

• Question randomization and shuffling
• Time limits and access windows
• Browser lockdown features
• Plagiarism detection tools
• Access logging and monitoring

Subscription Plans and Billing

Plan Types

We offer various subscription plans with different features and limitations:

• Free Trial: Limited features and exams for evaluation
• Individual Instructor: For single instructors and small courses
• Department: Enhanced features for academic departments
• Institution: Campus-wide deployment with priority support
• Custom: Tailored solutions for large institutions

Billing Terms

• Subscription fees are billed in advance on a monthly, semester, or annual basis
• Academic year pricing may be available
• All fees are non-refundable except as expressly stated
• You authorize us to charge your payment method automatically
• Price changes will be communicated with 30 days notice
• Educational discounts may be available upon verification

Payment Processing

• We use third-party payment processors (Stripe, PayPal, etc.)
• You must provide valid payment information
• Failed payments may result in service suspension
• You’re responsible for all charges incurred under your account

Data and Privacy

Your Data

• You retain ownership of all exams, questions, and educational content you create
• Student educational records are protected under FERPA
• You grant us a license to process your data to provide the Service
• We implement industry-standard security measures
• You’re responsible for backing up critical exam content
• Data retention policies are outlined in our Privacy Policy

Student Data

• We comply with FERPA and applicable student privacy laws
• Student data is used solely for educational purposes
• We don’t sell student data to third parties
• We don’t use student data for targeted advertising
• Institutional administrators may access aggregate data
• Parents and eligible students have rights under FERPA

Educational Records

• Student submissions, grades, and feedback are educational records
• Access is restricted to authorized users only
• We maintain audit logs of data access
• Records are retained according to institutional requirements

Data Security

• We use encryption for data in transit and at rest
• Regular security audits and monitoring
• Incident response procedures for data breaches
• Compliance with applicable data protection regulations including FERPA and GDPR

Intellectual Property Rights

Our Rights

• We own all rights to the Service, including software, design, and content
• Our trademarks, logos, and brand elements are protected
• You may not use our intellectual property without permission
• We reserve all rights not expressly granted to you

Your Rights

• You retain rights to your original exam content, questions, and materials
• You may export your content at any time
• Any feedback or suggestions you provide may be used by us
• Custom exams, rubrics, and question banks remain your property

Educational Use

• Course materials must respect copyright and fair use principles
• Instructors are responsible for ensuring proper licensing of third-party content
• We respect academic freedom and instructor autonomy in content creation
• Students retain rights to their original work and submissions

Third-Party Rights

• Respect all third-party intellectual property rights
• Don’t upload copyrighted content without permission
• Report any suspected intellectual property violations
• Comply with open-source licenses where applicable

Service Availability and Support

Uptime and Reliability

• We strive for high availability but don’t guarantee 100% uptime
• Scheduled maintenance will be announced in advance, avoiding peak exam periods
• We maintain disaster recovery and backup procedures
• Service level agreements (SLAs) vary by subscription plan
• Priority support during exam periods for institutional plans

Technical Support

• Support channels include email, chat, documentation, and video tutorials
• Response times vary by subscription level and issue severity
• Emergency support available during exam administration
• We provide reasonable efforts to resolve technical issues
• Training and onboarding support for institutional plans

Service Modifications

• We may update, modify, or discontinue features with notice
• Major changes will be communicated at least 30 days in advance
• We’ll provide migration tools for discontinued features when possible
• Academic calendar considerations for major updates
• Continued use after changes constitutes acceptance

Limitation of Liability

Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED. YOU ASSUME FULL RESPONSIBILITY FOR EXAM ADMINISTRATION AND GRADING DECISIONS.

Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF GRADES, ACADEMIC RECORDS, OR EDUCATIONAL OPPORTUNITIES
• DAMAGES FROM SERVICE INTERRUPTIONS DURING EXAM PERIODS
• DECISIONS MADE BASED ON ANALYTICS OR AUTOMATED GRADING
• DAMAGES RESULTING FROM THIRD-PARTY ACTIONS OR CONTENT
• ACADEMIC DISPUTES OR GRADE APPEALS
• TOTAL LIABILITY EXCEEDING THE AMOUNT PAID FOR THE SERVICE IN THE PAST 12 MONTHS

Academic Decisions

You acknowledge that:

• Final grading decisions rest with instructors and institutions
• The Service is a tool to assist, not replace, instructor judgment
• We are not responsible for academic or disciplinary outcomes
• Technical issues should be documented and reported to your institution

Exceptions

Some jurisdictions don’t allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Exam Builder, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney’s fees) arising from:

• Your use of the Service
• Violation of these Terms
• Infringement of any third-party rights
• Your content, exams, or grading decisions
• Violation of student privacy or data protection laws
• Academic integrity violations
• Negligent or wrongful conduct

Third-Party Integrations

Learning Management Systems

• We may offer integrations with Canvas, Blackboard, Moodle, and other LMS platforms
• These integrations are subject to third-party terms and policies
• We’re not responsible for third-party service availability or performance
• Grade synchronization is performed on a best-effort basis
• Integration features may change or be discontinued

API Usage

• API access is provided subject to rate limits and fair use policies
• You must comply with our API documentation and guidelines
• Commercial API usage may require separate agreements
• We reserve the right to modify or restrict API access
• API usage for research purposes may require additional approval

Compliance and Legal

Educational Compliance

• We comply with FERPA (Family Educational Rights and Privacy Act)
• We support compliance with ADA (Americans with Disabilities Act)
• We adhere to applicable state student privacy laws
• You’re responsible for compliance with your institution’s policies
• International users must comply with local education regulations

Accessibility

• We strive to meet WCAG 2.1 AA accessibility standards
• Accommodations tools available for students with disabilities
• Screen reader compatibility and keyboard navigation
• Alternative formats for exam content when needed
• Ongoing improvements to accessibility features

Export Controls

• The Service may be subject to export control laws
• You agree not to export or re-export the Service in violation of such laws
• You represent that you’re not on any government restricted party lists
• Compliance with export regulations is your responsibility

Dispute Resolution

Governing Law

These Terms are governed by the laws of [Your Jurisdiction] without regard to conflict of law provisions.

Dispute Process

1. Informal Resolution: Contact us first to resolve disputes informally
2. Mediation: Unresolved disputes may be subject to mediation
3. Arbitration: Final disputes may require binding arbitration
4. Class Action Waiver: You agree to resolve disputes individually, not as part of a class action

Academic Disputes

• Grade disputes should follow institutional academic appeals processes
• We provide records and documentation to support institutional reviews
• Final academic decisions rest with the institution

Jurisdiction

Any legal proceedings must be brought in the courts of [Your Jurisdiction].

Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, pandemics, or acts of God
• Government actions, laws, or regulations
• Internet service provider failures or cyber attacks
• Labor disputes or supply chain disruptions
• Third-party service provider outages

In the event of service disruption during critical exam periods, we will make reasonable efforts to restore service and work with affected institutions to minimize academic impact.

Modifications to Terms

Update Process

• We may modify these Terms at any time with notice
• Material changes will be communicated via email or platform notification
• Updates will be posted on our website with effective dates
• Academic calendar considerations for implementation timing
• Continued use after changes constitutes acceptance

Your Options

If you don’t agree to updated Terms, you may:

• Discontinue use of the Service
• Contact us to discuss concerns
• Download your data before termination
• Seek refunds according to our refund policy

Termination

Termination by You

• You may terminate your account at any time through account settings
• Paid subscriptions will continue until the end of the billing period
• You’re responsible for downloading your exam data before termination
• Student records may be retained according to FERPA requirements

Termination by Us

We may terminate your account for:

• Violation of these Terms or our policies
• Non-payment of fees
• Illegal or harmful use of the Service
• Facilitating academic dishonesty
• Violation of student privacy laws
• Extended periods of inactivity
• Business discontinuation or service changes

Effects of Termination

Upon termination:

• Your access to the Service will cease
• Educational records will be handled according to FERPA requirements
• Exam content may be deleted according to our retention policy
• Outstanding fees remain due and payable
• You may export your data within a specified grace period
• Certain provisions of these Terms will survive termination

Privacy and Data Protection

Privacy Policy

Our Privacy Policy, incorporated by reference, describes how we collect, use, and protect your information. By using the Service, you consent to our privacy practices and FERPA compliance.

FERPA Rights

Students and parents have rights under FERPA including:

• Access to educational records
• Request for amendment of inaccurate records
• Control over disclosure of personally identifiable information
• Right to file complaints with the Department of Education

Data Subject Rights

If you’re in the EU or other jurisdictions with data protection laws, you may have additional rights including:

• Access to your personal data
• Correction of inaccurate data
• Deletion of your data (subject to educational record retention requirements)
• Data portability
• Objection to processing

Accessibility

We’re committed to making our Service accessible to all users, including students with disabilities. We strive to comply with WCAG 2.1 AA standards and ADA requirements, and continuously improve our platform’s accessibility features.

Accommodations available include:

• Extended time settings
• Screen reader compatibility
• Alternative formats
• Assistive technology support

Contact Information

For questions about these Terms or our Service:

General Inquiries: collabroexams@gmail.com

Support: Available through your account dashboard

Privacy Concerns: privacy@exambuilder.com

Definitions

• “Content” means any exams, questions, answers, rubrics, or other materials created in the Service
• “Educational Records” means records directly related to a student maintained by an educational institution
• “Instructor” means faculty, teaching staff, or authorized educational personnel
• “Student” means individuals enrolled in courses using the Service
• “Personal Data” has the meaning given in applicable data protection laws
• “Service” means the Exam Builder platform and related services
• “User” means any individual or entity using the Service

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any other referenced policies, constitute the entire agreement between you and Exam Builder regarding the Service and supersede all prior agreements and understandings.

Thank you for choosing Exam Builder. We’re committed to providing you with a secure, reliable, and powerful exam creation and management platform that supports academic excellence and integrity.