Last Updated: August 31, 2025
Welcome to TESTIFY ("Company," "we," "us," or "our"). These Terms & Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and TESTIFY, concerning your access to and use of the TESTIFY website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Platform").
You agree that by accessing the Platform, you have read, understood, and agreed to be bound by all of these Terms & Conditions. If you do not agree with all of these terms, then you are expressly prohibited from using the Platform and you must discontinue use immediately.
Unless otherwise indicated, the Platform is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws. The Content and the Marks are provided on the Platform "AS IS" for your information and personal use only. Except as expressly provided in these Terms & Conditions, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
To use certain features of the Platform, you must register for an account. You agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form, including OTP verification via email; and (b) maintain and promptly update your information to keep it true, accurate, current, and complete. You are responsible for all activities that occur under your account and must keep your password confidential and secure.
As a user of the Platform, you agree not to:
The Platform provides AI-proctored tests and interviews to maintain academic integrity. During these sessions, the system may monitor your video and audio feed in real-time. Any violation of test rules (e.g., presence of another person, use of unauthorized devices, excessive background noise) may result in penalties, including immediate termination of the test and a report of the violation to the test administrator.
All courses, including text, videos, and associated materials, are the intellectual property of TESTIFY or its licensors. You are granted a limited, non-exclusive, non-transferable license to access and view the course materials for your personal, non-commercial use. You may not reproduce, redistribute, or sell any course content.
The Platform includes a code compilation service for practice and assessment. You agree to use this service only for its intended purpose. You shall not submit any code that is malicious, infringes on intellectual property rights, or is designed to disrupt the service. Your code may be transmitted to a third-party service for compilation and execution.
Our commitment to your privacy is paramount. For AI proctoring and face verification:
We collect and store information necessary for the functioning of the platform, including your profile information, test answers, course progress, and violation logs. We implement robust security measures, including encryption and access controls, to protect your data.
We utilize several third-party services to provide our platform's functionality. By using our Platform, you acknowledge that your data may be processed by these services. These include:
We encourage you to review the privacy policies of these third-party services.
You retain ownership of the content you submit, such as test answers and code ("User Content"). However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display this content in connection with providing the Platform services.
These Terms & Conditions shall remain in full force and effect while you use the Platform. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING ACCOUNTS OR IP ADDRESSES), TO ANY PERSON FOR ANY REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS.
These Terms & Conditions and your use of the Platform are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the state and federal courts located in Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.
THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Platform; (2) your breach of these Terms & Conditions; or (3) your violation of the rights of a third party, including but not limited to intellectual property rights.
We may update these Terms & Conditions from time to time. We will notify you of any significant changes by posting the new terms on our website and updating the "Last Updated" date. Your continued use of the Platform after such changes constitutes your acceptance of the new terms.
These Terms & Conditions and any policies or operating rules posted by us on the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision. If any provision or part of a provision of these Terms & Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms & Conditions and does not affect the validity and enforceability of any remaining provisions.
If you have any questions about these Terms & Conditions, please contact us at: testifylearning.help@gmail.com