Terms of Service

1. Acceptance of Terms

Welcome to WitExam. By accessing or using our website, mobile application, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and WitExam ("Company," "we," "us," or "our"). By using the Service, you represent that you have read, understood, and agree to be bound by these Terms.

We may update these Terms from time to time. Your continued use of the Service after any changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.

2. Description of Service

WitExam is an AI-powered exam preparation platform that provides:

• Content Analysis: Upload and analyze study materials including PDFs, documents, presentations, images, audio files, and YouTube videos
• AI Extraction: Automated extraction of key concepts, definitions, and important information from uploaded materials
• Question Generation: AI-powered generation of practice questions based on your study materials
• Practice Tests: Creation and completion of customized practice tests
• Performance Analytics: Tracking and analysis of your learning progress
• AI Tutor: Interactive AI assistant to help answer questions about your study materials
• Study Planning: Personalized study recommendations and prep plans

The Service is designed to supplement, not replace, traditional studying methods. We do not guarantee any specific exam results or academic outcomes.

3. Eligibility

To use the Service, you must:

• Be at least 13 years of age (or the minimum age of digital consent in your jurisdiction)
• If you are between 13 and 18 years of age, have parental or guardian consent to use the Service
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable laws

By using the Service, you represent and warrant that you meet all eligibility requirements. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

4. User Accounts

4.1 Account Creation

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to:

• Keep your login credentials confidential
• Immediately notify us of any unauthorized access to or use of your account
• Not share your account with others or allow others to access your account

4.3 Account Termination

You may delete your account at any time through your account settings. We reserve the right to suspend or terminate your account if you violate these Terms or engage in any conduct that we determine, in our sole discretion, is harmful to the Service or other users.

5. User Content

5.1 Definition

"User Content" refers to any materials you upload, submit, or otherwise make available through the Service, including but not limited to documents, images, audio files, video links, and any text or data you input.

5.2 Ownership

You retain all ownership rights to your User Content. By uploading User Content to the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, process, store, and display your User Content solely for the purpose of providing the Service to you.

5.3 Your Responsibilities

You are solely responsible for your User Content and represent and warrant that:

• You own or have the necessary rights, licenses, and permissions to upload and use the User Content
• Your User Content does not infringe or violate any third-party intellectual property rights, privacy rights, or other rights
• Your User Content complies with all applicable laws and regulations
• Your User Content does not contain any harmful, offensive, or illegal material

5.4 Content Removal

We reserve the right to remove any User Content that violates these Terms or that we determine, in our sole discretion, is harmful, offensive, or otherwise objectionable. We are not obligated to monitor User Content but may do so at our discretion.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Upload content that infringes on intellectual property rights, including copyrighted materials you do not have permission to use
• Share, distribute, or sell access to your account or the Service
• Attempt to circumvent any security measures or access controls
• Use automated systems, bots, or scripts to access the Service without our express permission
• Reverse engineer, decompile, or disassemble any part of the Service
• Interfere with or disrupt the integrity or performance of the Service
• Harass, abuse, or harm other users
• Upload malicious code, viruses, or other harmful software
• Use the Service for any commercial purpose without our prior written consent
• Misrepresent your identity or affiliation with any person or organization
• Use the Service to cheat on actual exams or violate academic integrity policies

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including its original content, features, functionality, design, and underlying technology, is owned by WitExam and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our trademarks, logos, and service marks ("Marks") may not be used without our prior written permission. Nothing in these Terms grants you any right to use our Marks.

7.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial educational purposes.

7.3 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to compensate you.

8. AI-Generated Content

8.1 Nature of AI Content

The Service uses artificial intelligence to analyze materials, extract information, generate questions, and provide study assistance. You acknowledge that:

• AI-generated content may contain errors, inaccuracies, or omissions
• AI-generated questions and answers are for practice purposes only and may not accurately reflect actual exam content
• You should verify AI-generated content against authoritative sources
• We do not guarantee the accuracy, completeness, or reliability of AI-generated content

8.2 No Guarantee of Results

The AI-generated study materials, practice questions, and recommendations are provided as educational tools. We make no guarantees regarding:

• Your performance on actual exams
• The relevance of generated questions to specific exams
• The accuracy of AI predictions or assessments
• Academic or professional outcomes

8.3 Third-Party AI Services

We use third-party AI services (such as Google Gemini) to power certain features. Your use of the Service is also subject to the terms and conditions of these third-party providers. We are not responsible for the performance, accuracy, or availability of third-party AI services.

9. Third-Party Services

The Service may integrate with or link to third-party websites, services, or content. We do not control or endorse any third-party services and are not responsible for their content, privacy practices, or terms of service.

Your use of third-party services is at your own risk and subject to the terms and conditions of those services. This includes but is not limited to:

• YouTube (for video content analysis)
• Google services (for AI processing and authentication)
• Apple services (for authentication)
• Payment processors (for subscription payments)

10. Payment and Subscriptions

10.1 Free and Paid Features

Some features of the Service may be available for free, while others may require a paid subscription. We reserve the right to change which features are free or paid at any time.

10.2 Subscription Terms

If you purchase a subscription:

• You agree to pay all applicable fees and charges
• Subscriptions may automatically renew unless canceled before the renewal date
• Prices are subject to change with reasonable notice
• Refunds are subject to our refund policy

10.3 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing period, and you will continue to have access to paid features until that time.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Service will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or completeness of any content
• Warranties that the Service will meet your specific requirements or expectations

We do not warrant that the use of the Service will result in any particular academic or professional outcomes. The Service is an educational tool and should be used as a supplement to, not a replacement for, traditional study methods.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WITEXAM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, use, or goodwill
• Academic or professional setbacks
• Exam failures or poor performance
• Interruption of business
• Any damages resulting from reliance on AI-generated content

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us, if any, in the twelve (12) months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless WitExam and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any third-party rights
• Any dispute between you and a third party

14. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Conduct that we determine is harmful to other users, us, or third parties
• Prolonged inactivity
• Fraudulent or illegal activity

Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and all associated data
• Any provisions of these Terms that by their nature should survive termination will survive (including ownership, disclaimers, indemnification, and limitation of liability)

15. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:

• Posting the updated Terms on this page
• Updating the "Last updated" date at the top of these Terms
• Sending you an email notification (for significant changes)

Your continued use of the Service after any changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Service.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which WitExam operates, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with applicable arbitration rules, except where prohibited by law.

You agree to waive any right to participate in class action lawsuits or class-wide arbitration against us.

17. Contact Information

If you have any questions about these Terms, please contact us at:

• Email: legal@witexam.com
• Website: witexam.com

For general inquiries or support, please visit our Help Center.

Additional Provisions

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements incorporated by reference, constitute the entire agreement between you and WitExam regarding your use of the Service.

Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of WitExam.

Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms without restriction.