User Agreement for Testido.Ai

This User Agreement (hereinafter "Agreement") governs your access to and use of Testido.Ai  including all content, features, and services offered therein (collectively, the "Service"), provided by Testido Pte. Ltd., registered at 68 Circular Road, #02-01, Singapore 049422, UEN 202527043C. 

By creating an account, accessing, or using the Service in any manner, you (A) acknowledge that you have read, understand, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference; and (B) represent and warrant that you are of legal age to form a binding contract with the Company and have the legal capacity to enter into this Agreement.

If you do not agree to these Terms, you must not access or use the Service.

The following text provides a brief, non-binding summary of some of the most important provisions in this Agreement. This summary is for your convenience only and does not alter, limit, or replace the full legal terms and conditions set forth in the remainder of this document. It is essential that you read the entire Agreement to fully understand your legal rights and obligations.

obligations.

KEY TERMS

Your License to Use the App

You are granted a personal, non-transferable right to use the app for your individual study and exam preparation. You cannot share your account or resell the content.

AI-Generated Content

You must understand and agree that the practice tests are generated and cross-verified by Artificial Intelligence (AI). This means the content may contain errors, inaccuracies, or be incomplete. The Service is a practice tool, not a guarantee of passing your certification exam. Your success is your responsibility.

Intellectual Property

We own the app, its software, and all the test content provided through the Service. You are not permitted to copy, distribute, or create new works from our content.

Acceptable Use

You agree not to use the app for any illegal purpose, attempt to hack or disrupt the service, share your account, or infringe on the rights of others.

Our Liability to You

Our financial liability to you is strictly limited. In any event, it will not exceed the total fees you have paid to us in the 12 months before a claim arises. We are not responsible for your exam performance or any career outcomes.

Termination

We reserve the right to terminate or suspend your account if you violate these Terms. You may terminate your account at any time.

Privacy

We collect and process your data to only provide and improve the Service and do not sell or share it with third parties unless required by law. Please review our full Privacy Policy for detailed information on our data practices.

These Terms constitute a legally binding agreement between you and the Company concerning your access to and use of the Service.2 The "Service" includes the Testido.Ai application, its underlying software and all content generated or displayed therein, and any related websites, media channels, or support services provided by the Company.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. By accessing, registering or using our Service performing any of the following actions, you signify your unconditional acceptance of this Agreement and our Privacy Policy. This method of affirmative consent. If you do not agree with any part of these Terms, you can not user the Service and must immediately delete your account.

The Service is intended for use by individuals who are at least 18 years of age. If you are under the age of 18 but at least 13 years old, you may only use the Service with the permission and under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Service is not intended for or directed at children under the age of 13, and we do not knowingly collect personal information from children under 13. By using the Service, you represent and warrant that you meet the applicable age requirement and have the full legal right, power, and authority to enter into and comply with this Agreement.

The Company reserves the right, in its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect, which may be delivered via a notification, an email to the address associated with your account, or other reasonable means. What constitutes a "material" change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. 

The Service is an tool designed to serve as a supplementary practice aid for individuals preparing for professional certification examinations. It provides users with access to practice tests consisting of AI-generated Multiple-Choice Questions (MCQs) across various professional domains.

It is crucial for users to understand the intended scope of the Service. The Service is provided as a practice and self-assessment tool only. It is not, and should not be considered, a comprehensive educational program, an accredited course, or a substitute for official study guides, textbooks, formal instruction, or other primary learning materials recommended by certifying bodies. The primary function of the Service is to simulate a testing environment and provide practice questions to help users identify areas of strength and weakness in their knowledge. 

The Company will use commercially reasonable efforts to keep the Service operational. However, we do not guarantee that the Service will be available at all times, be uninterrupted, or be error-free. Access to the Service may be temporarily suspended for scheduled maintenance, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond our control. Furthermore, we reserve the right to modify, suspend, or discontinue any part of the Service, including its features, functionality, or content, at any time and without liability to you. 

To access most features of the Service, you must register for a user account ("Account"). When creating an Account, you agree to provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account on our Service.

You are solely responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. Sharing an Account is prohibited. You must notify us immediately by email upon becoming aware of any breach of security or unauthorized use of your Account. The Company will not be liable for any loss or damage arising from your failure to comply with these security obligations.

Subject to your complete and ongoing compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to: (a) access and use Testido.Ai; and (b) access and use the Service solely for your personal, non-commercial educational and exam preparation purposes. This license is the full extent of your rights to the Service and does not grant you any ownership interest.

The license granted in Section 4.1 is subject to the following explicit restrictions. You shall not, and shall not permit any third party to:

• Copy, modify, translate, adapt, or otherwise create derivative works or improvements of the Service or any part thereof.
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service, or any features, functionality, or content of the Service, to any third party for any reason.
• Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code, underlying ideas, algorithms, or non-public APIs of the Service or its content, except to the extent that such a restriction is expressly prohibited by applicable law.
• Remove, delete, alter, or obscure any trademarks or any copyright, patent, or other intellectual property or proprietary rights notices from the Service, including any copy thereof.
• Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service.

Any use of the Service in violation of these restrictions is a material breach of this Agreement and may result in the immediate termination of your license and Account.

Your use of the Service is contingent upon your adherence to this Acceptable Use Policy. You agree not to use the Service, or allow others to use your Account, to engage in any of the following prohibited activities:

• Illegal and Fraudulent Activities: Using the Service for any purpose that violates any local, state, national, or international law, or to promote any illegal activity.
• Data Extraction: Using any automated means, such as robots, spiders, or scrapers, to access, monitor, or copy any part of the Service or its content, except as expressly permitted by us in writing.
• Competitive Analysis: Accessing or using the Service for the purpose of building a competitive product or service, or to copy its features, user interface, or content. This includes using the content generated by the Service to train, fine-tune, or otherwise develop any other artificial intelligence models or machine learning systems.
• System Integrity: Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
• Infringement of Rights: Violating the intellectual property rights (including copyrights, trademarks, patents, and trade secrets), privacy rights, publicity rights, or other legal rights of any third party.

The Company reserves the right to monitor user activity and to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this policy, including without limitation, removing the offending content from the Service, suspending or terminating the Account of such violators, and reporting them to law enforcement authorities.

THIS SECTION CONTAINS CRITICAL INFORMATION REGARDING THE NATURE AND LIMITATIONS OF THE SERVICE. YOUR AGREEMENT TO THESE TERMS CONSTITUTES YOUR EXPLICIT ACKNOWLEDGEMENT AND ACCEPTANCE OF THE RISKS AND RESPONSIBILITIES OUTLINED BELOW

By using the Service, you expressly acknowledge, understand, and agree to the following:

• AI-Generated Nature: All Multiple-Choice Questions (MCQs), explanations, and related content provided through the Service are generated by an artificial intelligence system. This content is provided on a strictly "AS IS" and "AS AVAILABLE" basis.
• Potential for Inaccuracy and Errors: You understand that AI-generated content is probabilistic and may contain significant errors, factual inaccuracies, omissions, inconsistencies, or outdated information. The AI models may produce outputs that appear plausible but are incorrect, a phenomenon sometimes referred to as "hallucination". You agree to disregard any assertions of accuracy made by the AI itself within the generated content.
• No Guarantee of Sufficiency or Success: The Service and its content are NOT guaranteed to be comprehensive, accurate, or sufficient for the purpose of passing any professional certification examination or achieving any other academic or professional outcome. The scope of questions may not cover all topics on an official exam, and the difficulty level may not perfectly match that of the actual test.
• Not Professional Advice: The content provided by the Service is for informational and practice purposes only. It does not constitute, and should not be relied upon as, professional, educational, legal, financial, or any other form of expert advice. The Service is not a substitute for advice from a qualified professional or for consulting official certification body materials. 
• User’s Sole Responsibility for Verification and Performance: You accept that the entire risk as to the quality and accuracy of the content lies with you. You are solely and exclusively responsible for:
• Independently verifying the accuracy and relevance of all AI-generated content against official and authoritative source materials (e.g., official study guides, textbooks, and publications from the relevant certifying body).
• Your own study habits, learning process, and preparation for any examination.
• Your ultimate performance on any actual certification examination. 

You acknowledge and agree that the Service is provided under license, not sold, to you. The Company and its licensors are and will remain the sole and exclusive owners of all right, title, and interest in and to the Service, including all of its software, code, algorithms, user interface designs, trademarks, logos, trade names, and all other intellectual property rights therein. All rights not expressly granted to you in these Terms are reserved by the Company.

As between you and the Company, the Company claims ownership of the specific arrangement, selection, and compilation of MCQs and related content ("Output") that is generated and delivered to you through the Service. 

Regardless of the copyright status of individual Output elements, your use of the Output is strictly governed by the limited license granted in Section 4 of this Agreement. You are contractually prohibited from reproducing, distributing, creating derivative works from, publicly displaying, or commercially exploiting the Output outside the intended functionality of the Service, as defined by the license restrictions in Section 4.2 and the Acceptable Use Policy in Section 5. 

The Company may offer certain features of the Service through paid subscription plans ("Subscriptions"). Details of available Subscriptions, including the features, duration, and pricing, will be provided within the application or on our website. We may also offer free trials or promotional access, which are subject to these Terms and any additional terms presented at the time of the offer.

To purchase a Subscription, you must provide a current, valid, and accepted method of payment ("Payment Method"). You authorize us to charge your Payment Method for the Subscription fee at the then-current rate, plus any applicable taxes. Subscriptions will automatically renew for successive periods of the same duration as the original subscription term, unless you cancel your Subscription before the end of the current term. By purchasing a Subscription, you authorize us to charge your Payment Method on a recurring basis without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your Payment Method.

You may cancel your Subscription at any time through the account management settings within the Service. The cancellation will take effect at the end of your current paid term. Except where required by law, all payments are non-refundable, and there are no refunds or credits for partially used subscription periods. 

The Company reserves the right to change the prices for our Subscriptions at any time. We will provide you with reasonable prior notice of any price changes, typically at least 30 days, by posting the new prices on the Service and/or sending you an email notification. If you do not agree to the price change, your sole remedy is to cancel your Subscription before the change takes effect.

Your privacy is important to us. All information we collect through or in connection with this Service is subject to our Privacy Policy. Our Privacy Policy provides a detailed explanation of what personal information we collect, how we use it, with whom we share it, and your rights regarding your data. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. A hyperlink to the Privacy Policy will be made available on our website.

To provide and improve the Service, including the performance and accuracy of our AI models, we may collect and use data related to your interactions with the Service. This may include the answers you provide, your performance metrics, and other usage data. This data will be handled in accordance with our Privacy Policy, which may include processes for de-identification or aggregation to protect your privacy.

The Service is designed and intended for use by post-secondary students and professionals for the purpose of professional certification preparation. It is not directed at, nor intended for use by, students in a K-12 educational setting. As such, the Company does not operate as a "school official" under the Family Educational Rights and Privacy Act (FERPA), and the stringent data handling requirements of laws like FERPA or the Children's Online Privacy Protection Act (COPPA) are not applicable to the intended use of this Service.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 

THE COMPANY DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE, ERROR-FREE, OR UNINTERRUPTED; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) THE SERVICE WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS; OR (D) THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. 

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO THE COMPANY FOR USE OF THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR YOUR PERFORMANCE ON ANY PROFESSIONAL CERTIFICATION EXAMINATION OR ANY OTHER ACADEMIC, PROFESSIONAL, OR CAREER-RELATED OUTCOME. YOUR SUCCESS OR FAILURE IN ANY SUCH ENDEAVOR IS THE RESULT OF NUMEROUS FACTORS BEYOND THE COMPANY'S CONTROL, AND YOU AGREE THAT YOU USE THE SERVICE AT YOUR SOLE RISK WITH RESPECT TO SUCH OUTCOMES.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Service, including, but not limited to, any use of the Service's content other than as expressly authorized in these Terms; or (c) your violation of any law or the rights of a third party.

This Agreement commences on the date you first accept it and continues as long as you use the Service or have an Account with us, whichever is longer.

You may terminate this Agreement at any time and for any reason by deleting your Account through the provided functionality within the Service and ceasing all use of the Service.

We may, in our sole discretion, suspend or terminate your Account and access to the Service at any time, without prior notice or liability, for any reason or no reason, including but not limited to a breach of these Terms.

Upon termination of this Agreement, your license to use the Service will immediately cease. The following sections of these Terms will survive termination: Section 1 (to the extent of binding agreement), Section 6 (Disclaimers and Acknowledgements Regarding AI-Generated Content), Section 7 (Intellectual Property Rights), Section 10 (Disclaimer of Warranties), Section 11 (Limitation of Liability), Section 12 (Indemnification), and Section 14 (General Provisions).

This Agreement and any dispute or claim arising out of, or related to, it, its subject matter, or its formation shall be governed by and construed in accordance with the internal laws of the State of, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of located in the Republic of Singapore.

At the Company's sole discretion, it may require you to submit any disputes arising from these Terms or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying law. BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

These Terms, together with our Privacy Policy, constitute the sole and entire agreement between you and the Company regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service. 

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

All feedback, comments, requests for technical support, and other communications relating to the Service should be directed to our designated email address: yourfriends@testido.ai