These Terms of Service ("Terms") form a legally binding agreement between you ("Customer", "you") and ExamRankers Technologies Pvt. Ltd. ("ExamRankers", "we"). By accessing or using the ExamRankers platform ("Platform"), you agree to be bound by these Terms.
If you are entering into these Terms on behalf of an organisation, you represent that you have authority to bind that organisation.
1. Definitions
- "Platform" means the ExamRankers online examination software, accessible via examrankers.com and associated subdomains.
- "Customer" means any institution or individual with a registered ExamRankers account.
- "Candidate" means an individual who sits an exam administered through the Platform.
- "Content" means questions, answer keys, media, and any other material uploaded to the Platform by the Customer.
- "Subscription" means the plan purchased by the Customer as described in the Order Form or Pricing page.
2. Account Registration
- You must provide accurate and complete information during registration.
- You are responsible for maintaining the confidentiality of your account credentials.
- You must notify us immediately at support@examrankers.com if you suspect unauthorised access to your account.
- Each account is for use by the registered organisation only. Sharing credentials between unaffiliated organisations is prohibited.
3. Acceptable Use
You agree not to use the Platform to:
- Upload content that infringes intellectual property rights of any third party.
- Conduct exams for purposes that are unlawful, deceptive, or harmful.
- Attempt to reverse-engineer, decompile, or access the Platform's source code.
- Use automated tools to scrape, index, or harvest Platform data without written permission.
- Circumvent, disable, or interfere with security or access control features.
- Resell or sublicense Platform access without an authorised reseller agreement.
4. Customer Content
- You retain all intellectual property rights in your Content.
- By uploading Content to the Platform, you grant ExamRankers a limited, non-exclusive licence to host, process, and transmit the Content solely to provide the Platform services.
- You are solely responsible for the accuracy, legality, and appropriateness of your Content and exam configurations.
- ExamRankers does not review Customer Content and does not endorse any exam, question, or result produced through the Platform.
5. Subscription and Payment
- Subscriptions are billed in advance on a monthly or annual basis as selected at checkout.
- All fees are exclusive of applicable taxes (GST), which will be added to invoices as required by law.
- Subscriptions auto-renew unless cancelled at least 7 days before the renewal date via your account settings.
- Annual subscriptions are non-refundable after the 30-day trial period, except where required by law.
- We reserve the right to modify pricing with 30 days' written notice. Price changes take effect on your next renewal date.
6. Service Level Commitment
ExamRankers commits to the following uptime targets by plan:
- Starter: 99.5% monthly uptime
- Professional: 99.9% monthly uptime
- Enterprise: As specified in the Enterprise Agreement (minimum 99.9%)
Uptime is measured excluding scheduled maintenance windows (communicated 48 hours in advance) and events beyond our reasonable control (force majeure).
7. Data and Security
- ExamRankers processes personal data of Candidates as a data processor on behalf of the Customer (data controller) under the Digital Personal Data Protection Act 2023.
- The Customer is responsible for obtaining all necessary consents from Candidates for data collection, exam monitoring, and proctoring activities.
- We will notify the Customer within 72 hours of becoming aware of a personal data breach that may affect their Candidates.
8. Intellectual Property
- ExamRankers retains all rights in the Platform, including software, algorithms, design, trademarks, and documentation.
- These Terms do not grant you any rights in ExamRankers intellectual property beyond the limited licence to use the Platform as described herein.
- Feedback or suggestions you provide may be used by ExamRankers without obligation or compensation.
9. Limitation of Liability
To the maximum extent permitted by applicable law:
- ExamRankers shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform.
- Our total cumulative liability for any claim arising under these Terms shall not exceed the fees paid by you in the three months preceding the claim.
- We are not liable for losses resulting from your failure to maintain secure credentials, Candidate misconduct, or third-party service failures.
10. Termination
- You may cancel your subscription at any time via account settings. The cancellation takes effect at the end of the current billing period.
- We may suspend or terminate your account immediately if you breach these Terms, fail to pay fees, or engage in activity that may harm the Platform or other users.
- Upon termination, you may export your data within 30 days. After 30 days, data will be permanently deleted in accordance with our retention policy.
11. Governing Law and Disputes
These Terms are governed by the laws of India. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of New Delhi, India. Before initiating litigation, both parties agree to attempt good-faith resolution through escalation within 30 days.
12. Changes to These Terms
We may update these Terms from time to time. We will notify you by email at least 14 days before material changes take effect. Your continued use of the Platform after the effective date constitutes acceptance.
13. Contact
For legal queries relating to these Terms: