Terms of Service
Effective Date: November 11, 2024
Welcome to ProctorEdu Inc. ("we," "us," "our," or "ProctorEdu"). These Terms of Service, together with any other documents, policies, and terms referred to herein (collectively, the "Terms"), set out the terms and conditions under which you may use www.proctoredu.com (the "Site"), our application (the "App"), or any services offered through or associated with our Site or App (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.
1. Other Applicable Terms
These Terms incorporate our Privacy Policy which also apply to your use of the Site and Services. Our Privacy Policy sets out the terms on which we collect, process, share, and store any personal data we collect from you, or that you provide to us. We will only use your personal data as set out in our Privacy Policy or as permitted by applicable privacy laws.
2. Information About Us
Our Site is owned and operated by ProctorEdu Inc., a company registered in the U.S., with company registration number (EIN) 86-2366927. Our office is located at 111 Pier Ave STE 100, Hermosa Beach, CA 90254, United States.
3. Changes to These Terms
We may amend these Terms at any time by providing written notice to you. By continuing to use our Site or App after such notice, you agree to the amended Terms. If you do not agree to the amendments, you must stop using our Services.
4. Changes to Our Site or App
We may update our Site or App from time to time and may change the content and Services at any time. We will try to avoid making any significant changes that are likely to materially disadvantage your use of the Services. However, we do not guarantee that our Site, App, or any content on them will be free from errors or omissions.
5. Accessing Our Services
5.1. Eligibility
Our Services are intended and offered only for lawful use by individuals who have the legal capacity and authority under applicable law to enter into a contract for such Services. By using the Services, you represent and warrant that you have the legal capacity and authority to enter into a binding agreement to adhere to these Terms.
5.2. Account Registration
To access certain features of our Services, you may need to register for an account ("Account"). You agree to provide accurate and complete information when you register and to keep such information accurate and complete during the entire time that you use the Services.
5.3. Account Security
You are responsible for safeguarding your Account, and you agree to notify us immediately of any unauthorized use of your Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
5.4. Equipment and Access
You are responsible for making all arrangements necessary for you to have access to our Services, including compatible hardware and internet access. ProctorEdu is not responsible for any equipment or network malfunction or service disruption that affects your test session.
6. Right of Use
Subject to these Terms, ProctorEdu grants you a limited, non-exclusive, non-transferable, non-sublicensable right to use the Services for the purposes of identity management and virtual proctoring during tests or examinations arranged by your testing institution ("Testing Institution"). This right of use will be terminated or suspended if you fail to comply with these Terms.
7. Data Access and Privacy
7.1. Data Collection
You acknowledge and agree that the Services are intended to monitor your performance during the test or examination. To provide the Services, we collect and use proctoring information and certain technical information regarding your hardware. Your Testing Institution may adjust proctoring settings to use your camera, microphone, keyboard, mouse, and other features to track your behavior and provide a proctoring report.
7.2. Privacy Policy
This Agreement incorporates the terms of our Privacy Policy. Please read the policy carefully to understand how we treat your personal information.
7.3. Data Use
The content you submit, post, or display, including all audio and video recordings or images made during your test session(s), will be shareable with and viewed only by your Testing Institution. ProctorEdu does not assess your overall academic performance and does not have access to anything beyond your web browser and camera or microphone if access is requested and granted.
8. Use Restrictions
You may not use the Services except as permitted under these Terms or for any purpose that is unlawful or violates these Terms. Additionally, you agree not to:
9. Intellectual Property Rights
All intellectual property rights in the Services, the Site, the App, and the material published on them are owned by us or our licensors. You may not reproduce, copy, distribute, sell, sublicense, store, or in any other manner re-use content from our Services unless given express written permission by us.
10. ProctorEdu's Role
The Services provide the Testing Institution with objective performance data (proctoring reports) that can be used to evaluate the credibility of your test results. Use of the proctoring data is entirely within the discretion of the Testing Institution, and you should direct any questions or concerns regarding such use to your Testing Institution. ProctorEdu has no responsibility or liability with respect to the use of any proctoring data.
11. Disclaimers
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not guarantee that our Services will always be available or be uninterrupted. We will not be liable for any disruption or non-availability of our Services resulting from external causes.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROCTOREDU OR ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, STATUTORY, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS, LOSS OF USE, LOSS OF DATA, OR OTHER ECONOMIC LOSS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.
13. Indemnification
You agree to defend, indemnify, and hold harmless ProctorEdu, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses arising from your breach of these Terms, your illegal conduct, or your violation of the rights of any third party.
14. Termination
We may terminate or suspend your access to the Services immediately, without prior notice or liability, if you breach any of these Terms. Upon termination, your right to use the Services will cease immediately.
15. Modifications to the Terms
ProctorEdu may modify these Terms at any time at its sole discretion by updating them on our Site. Any such revisions become effective immediately upon posting. It is your responsibility to review the Terms periodically. By continuing to use the Services after changes are posted, you agree to be bound by the updated Terms.
16. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Delaware, United States.
17. Entire Agreement
These Terms constitute the entire agreement between you and ProctorEdu regarding your use of the Services and supersede any prior agreements between you and ProctorEdu.
18. Waiver and Severability
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect.
19. Contact Information
If you have any questions about these Terms, please contact us at:
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.
1. Other Applicable Terms
These Terms incorporate our Privacy Policy which also apply to your use of the Site and Services. Our Privacy Policy sets out the terms on which we collect, process, share, and store any personal data we collect from you, or that you provide to us. We will only use your personal data as set out in our Privacy Policy or as permitted by applicable privacy laws.
2. Information About Us
Our Site is owned and operated by ProctorEdu Inc., a company registered in the U.S., with company registration number (EIN) 86-2366927. Our office is located at 111 Pier Ave STE 100, Hermosa Beach, CA 90254, United States.
3. Changes to These Terms
We may amend these Terms at any time by providing written notice to you. By continuing to use our Site or App after such notice, you agree to the amended Terms. If you do not agree to the amendments, you must stop using our Services.
4. Changes to Our Site or App
We may update our Site or App from time to time and may change the content and Services at any time. We will try to avoid making any significant changes that are likely to materially disadvantage your use of the Services. However, we do not guarantee that our Site, App, or any content on them will be free from errors or omissions.
5. Accessing Our Services
5.1. Eligibility
Our Services are intended and offered only for lawful use by individuals who have the legal capacity and authority under applicable law to enter into a contract for such Services. By using the Services, you represent and warrant that you have the legal capacity and authority to enter into a binding agreement to adhere to these Terms.
5.2. Account Registration
To access certain features of our Services, you may need to register for an account ("Account"). You agree to provide accurate and complete information when you register and to keep such information accurate and complete during the entire time that you use the Services.
5.3. Account Security
You are responsible for safeguarding your Account, and you agree to notify us immediately of any unauthorized use of your Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
5.4. Equipment and Access
You are responsible for making all arrangements necessary for you to have access to our Services, including compatible hardware and internet access. ProctorEdu is not responsible for any equipment or network malfunction or service disruption that affects your test session.
6. Right of Use
Subject to these Terms, ProctorEdu grants you a limited, non-exclusive, non-transferable, non-sublicensable right to use the Services for the purposes of identity management and virtual proctoring during tests or examinations arranged by your testing institution ("Testing Institution"). This right of use will be terminated or suspended if you fail to comply with these Terms.
7. Data Access and Privacy
7.1. Data Collection
You acknowledge and agree that the Services are intended to monitor your performance during the test or examination. To provide the Services, we collect and use proctoring information and certain technical information regarding your hardware. Your Testing Institution may adjust proctoring settings to use your camera, microphone, keyboard, mouse, and other features to track your behavior and provide a proctoring report.
7.2. Privacy Policy
This Agreement incorporates the terms of our Privacy Policy. Please read the policy carefully to understand how we treat your personal information.
7.3. Data Use
The content you submit, post, or display, including all audio and video recordings or images made during your test session(s), will be shareable with and viewed only by your Testing Institution. ProctorEdu does not assess your overall academic performance and does not have access to anything beyond your web browser and camera or microphone if access is requested and granted.
8. Use Restrictions
You may not use the Services except as permitted under these Terms or for any purpose that is unlawful or violates these Terms. Additionally, you agree not to:
- Authorize or permit use of the Services by anyone other than yourself.
- Copy, market, or distribute the Services.
- Assign, sublicense, sell, lease, or otherwise transfer your rights under these Terms.
- Use the Services in any time-sharing or service bureau arrangement.
- Modify or create derivative works of the Services.
- Decompile, disassemble, reverse engineer, or otherwise attempt to obtain the source code.
- Upload or transmit any form of virus, worm, Trojan horse, or other malicious code.
- Interfere with or disrupt any servers or networks connected to the Services.
- Disclose the contents of the Services.
9. Intellectual Property Rights
All intellectual property rights in the Services, the Site, the App, and the material published on them are owned by us or our licensors. You may not reproduce, copy, distribute, sell, sublicense, store, or in any other manner re-use content from our Services unless given express written permission by us.
10. ProctorEdu's Role
The Services provide the Testing Institution with objective performance data (proctoring reports) that can be used to evaluate the credibility of your test results. Use of the proctoring data is entirely within the discretion of the Testing Institution, and you should direct any questions or concerns regarding such use to your Testing Institution. ProctorEdu has no responsibility or liability with respect to the use of any proctoring data.
11. Disclaimers
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not guarantee that our Services will always be available or be uninterrupted. We will not be liable for any disruption or non-availability of our Services resulting from external causes.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROCTOREDU OR ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, STATUTORY, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS, LOSS OF USE, LOSS OF DATA, OR OTHER ECONOMIC LOSS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.
13. Indemnification
You agree to defend, indemnify, and hold harmless ProctorEdu, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses arising from your breach of these Terms, your illegal conduct, or your violation of the rights of any third party.
14. Termination
We may terminate or suspend your access to the Services immediately, without prior notice or liability, if you breach any of these Terms. Upon termination, your right to use the Services will cease immediately.
15. Modifications to the Terms
ProctorEdu may modify these Terms at any time at its sole discretion by updating them on our Site. Any such revisions become effective immediately upon posting. It is your responsibility to review the Terms periodically. By continuing to use the Services after changes are posted, you agree to be bound by the updated Terms.
16. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Delaware, United States.
17. Entire Agreement
These Terms constitute the entire agreement between you and ProctorEdu regarding your use of the Services and supersede any prior agreements between you and ProctorEdu.
18. Waiver and Severability
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect.
19. Contact Information
If you have any questions about these Terms, please contact us at:
- ProctorEdu Inc.
- Email: info@proctoredu.com
- Address: 111 Pier Ave STE 100, Hermosa Beach, CA 90254, United States.