Terms of Service

1. Acceptance of Terms

By accessing or using ExamNexus AI (provided by AIEQUITAS), any related mobile applications, subdomains, or services (collectively, the "Services"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Services.

2. Description of Service

ExamNexus AI is an AI-powered test preparation platform that provides comprehensive support for various standardized tests, including but not limited to the SAT and other college entrance examinations:

Core Features

• AI-Generated Practice Questions: Computer-generated test-style questions using advanced AI models
• Adaptive Testing: Personalized test experiences based on performance
• Performance Analytics: Detailed analysis of test results and progress tracking
• Personalized Roadmaps: AI-driven study plans and milestone tracking
• Question Bank Management: Comprehensive database with metadata and quality scoring
• Multi-Modal Content: Support for text, images, and file attachments
• Role-Based Access: Different user levels (Trial, Pro, Organization) with varying access

3. User Accounts and Registration

Account Creation

• You must provide accurate and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You must be at least 13 years old to create an account
• Users under 18 should obtain parental permission
• Users under 13 require explicit parental consent

Account Security

• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account
• We reserve the right to suspend or terminate accounts that violate these Terms

4. User Conduct and Prohibited Activities

Prohibited Activities

You agree not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service or servers
• Create multiple accounts to circumvent limitations
• Share account credentials with unauthorized users
• Use automated tools to access the Service without permission
• Reverse engineer or attempt to extract source code
• Use the Service for commercial purposes without authorization

5. Subscription Plans and Payment Terms

Service Tiers

Our Service offers different access levels:

• 7-Day Trial Users: Full access to evaluate the platform before subscribing to the Pro plan
• Pro Users: Continued access to all premium features and capabilities (Monthly Subscription)
• Organization Users: Managed via B2B enterprise agreements

Subscription and Refund Policy

1. The 7-Day Evaluation Period

We provide a 7-day free trial to allow all users to fully evaluate the Digital SAT simulator, view the interface, and test the question bank. You will not be charged during this 7-day period.

2. Monthly Billing and Refunds

Your initial monthly subscription payment is processed only after your 7-day free evaluation period concludes. Because you have been given prior access to evaluate the service, all monthly subscription payments are final and strictly non-refundable. We do not offer partial or prorated refunds for any unused days within your current billing cycle.

3. Managing Cancellations

You maintain total control over your subscription. You may cancel your monthly plan at any time via your Account Dashboard. Canceling prevents any future billing. Upon cancellation, you will retain full premium access to the platform until the end of your current paid month.

4. Payment Processing

Payments are processed securely by our third-party payment processor, Stripe. By subscribing, you authorize us and Stripe to charge your chosen payment method on a recurring monthly basis until you cancel. You are responsible for keeping your payment details current.

5. Your Rights Under New Zealand Law

This policy does not limit your statutory rights under the New Zealand Consumer Guarantees Act 1993. If our platform experiences a substantial technical failure that prevents you from accessing the service you paid for, you are entitled to request a remedy.

6. Intellectual Property Rights

Our Content

All content on our Platform, including but not limited to AI-generated questions and explanations, software, algorithms, graphics, logos, and analytical tools, is the exclusive property of ExamNexus AI and is protected by copyright, trademark, and other intellectual property laws.

User Content

• You retain ownership of content you upload to our Platform
• By uploading content, you grant us a license to use, store, and process it for Service provision
• You represent that you have the right to upload and share your content
• We may remove content that violates these Terms or applicable laws

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, storage, and disclosure of your personal information is governed by our Privacy Policy, which forms part of these Terms. By using the Services, you also consent to the practices described in that policy.

• We handle personal information in accordance with the New Zealand Privacy Act 2020 and, where applicable, the GDPR.
• You are responsible for ensuring that any content you submit does not contain the personal information of others without their consent.
• You may exercise your privacy rights (access, correction, deletion, and more) as described in the Privacy Policy.

8. AI-Generated Content and Disclaimers

A core part of the Services relies on artificial intelligence to generate practice questions, explanations, analytics, and study recommendations. You acknowledge and agree that:

• AI-generated content is produced automatically and may contain errors, inaccuracies, or omissions.
• AI-generated questions are not official test materials and may not perfectly match the format, difficulty, or content of any actual standardized test.
• You should independently verify important information and use official test preparation materials alongside our platform.
• AI-driven analytics and roadmaps are estimates and must not be relied upon as guarantees of any test outcome.
• We may use de-identified and aggregated usage data to improve our models and the quality of generated content, consistent with our Privacy Policy.

9. Service Availability and Technical Support

• We aim to keep the Services available and reliable, but we do not guarantee uninterrupted, timely, secure, or error-free operation.
• The Services may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control.
• We may modify, suspend, or discontinue any feature of the Services at any time, with reasonable notice where practicable.
• Technical support is available by emailing Admin@info.aiequitas.com; we aim to respond within 48 hours.

10. Limitation of Liability and Disclaimers

Limitation of Liability

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

• DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES
• DAMAGES ARISING FROM USE OR INABILITY TO USE THE SERVICE
• RELIANCE ON AI-GENERATED CONTENT OR RECOMMENDATIONS
• TECHNICAL ISSUES, SERVICE INTERRUPTIONS, OR DATA LOSS

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that you may have under the New Zealand Consumer Guarantees Act 1993 or any other law that cannot lawfully be excluded.

11. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless ExamNexus AI, AIEQUITAS, and their officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or connected with:

• Your use or misuse of the Services;
• Your violation of these Terms or any applicable law;
• Your infringement of any intellectual property or other right of any third party;
• Content you upload, submit, or share through the Services.

12. Termination

Termination by You

• You may terminate your account at any time by contacting support
• Upon termination, your access to the Service will cease
• Some data may be retained as required by law or for legitimate business purposes

Termination by Us

We may terminate or suspend your account immediately if:

• You violate these Terms or our policies
• You engage in fraudulent or illegal activities
• Your account remains inactive for an extended period
• We discontinue the Service (with reasonable notice)

13. Modifications to Terms

• We may update or modify these Terms from time to time to reflect changes in our Services, technology, or legal requirements.
• We will post the updated Terms on this page and revise the "Last Updated" date above.
• For material changes, we will provide reasonable notice via email or an in-platform announcement.
• Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Services.

14. Governing Law and Dispute Resolution

• Governing Law: These Terms are governed by and construed in accordance with the laws of New Zealand, without regard to conflict-of-law principles.
• Jurisdiction: You agree to submit to the exclusive jurisdiction of the courts of New Zealand for the resolution of any dispute arising out of or relating to these Terms or the Services.
• Informal Resolution: Before commencing formal proceedings, you agree to first contact us at Admin@info.aiequitas.com so we can attempt to resolve the matter informally and in good faith.
• Consumer Rights Preserved: Nothing in this section limits any non-excludable statutory right you may have, including under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

15. Miscellaneous Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and Website Disclaimer, constitute the entire agreement between you and us regarding the Services.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• No Waiver: Our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force Majeure: We are not liable for any failure or delay caused by events beyond our reasonable control.
• Headings: Section headings are for convenience only and do not affect interpretation.

By using ExamNexus AI, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These Terms are effective as of the date you first access or use our Service.