Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Exam.ify governing your access to and use of the Exam.ify website, your account, and any practice exam or other digital product we make available (together, the "Service"). By creating an account, completing a purchase, or otherwise using the Service, you accept these Terms in full. If you do not agree to these Terms, you must not use the Service. These Terms should be read together with our Legal Notice, Privacy Policy, and Refund Policy; in the event of any conflict specific to a topic those pages directly address, the more specific page controls that topic, and these Terms control all other matters.

1. Eligibility and account registration

You must provide accurate, current, and complete information when creating an account, and keep it up to date. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, whether or not authorized by you. You must notify us immediately of any suspected unauthorized use of your account. Exam.ify is not liable for any loss or damage arising from your failure to safeguard your credentials.

2. One account, one device binding

To protect the integrity of our pricing and content against unauthorized sharing, an account may be locked to the first IP address and/or device from which it is successfully used, at our sole discretion and using whatever technical means we deem appropriate. Attempting to circumvent this binding, share an account, or resell, sublicense, or otherwise provide access to purchased content to any third party is a material breach of these Terms and grounds for immediate termination without refund, in addition to any other remedy available to us.

3. License to purchased content; no ownership transfer

Purchasing a practice exam grants you a personal, non-exclusive, non-transferable, revocable, limited license to access and use that specific product for your own individual exam preparation. No ownership, copyright, or other intellectual property right in any Exam.ify material is transferred to you under any circumstance. You may not copy, reproduce, distribute, publicly display, resell, sublicense, rent, lend, scrape, data-mine, or create derivative works from any part of the Service, including questions, answer keys, worked solutions, layout, or underlying software, in whole or in part, by any means, without our prior written consent. This restriction applies regardless of whether a given technical copy-protection measure on the site is or is not in place at any given time — the legal restriction in this clause governs independently of any technical measure.

4. Acceptable use

You agree not to: (a) use any automated means (bot, scraper, crawler) to access the Service except for general-purpose search engine indexing we do not otherwise block; (b) attempt to probe, scan, or test the vulnerability of the Service, or breach any security or authentication measure; (c) interfere with or disrupt the Service or servers or networks connected to it; (d) reverse engineer, decompile, or disassemble any part of the Service; (e) upload or transmit any virus, malware, or other harmful code; (f) impersonate any person or entity, or misrepresent your affiliation; or (g) use the Service for any unlawful purpose or in violation of these Terms. We may investigate and take any lawful action in response, including suspending or terminating your account and reporting conduct to law enforcement, without notice and without liability to you.

5. Payments, pricing, and taxes

All prices are displayed and charged in the currency shown at checkout and are inclusive of applicable VAT unless stated otherwise. We reserve the right to correct pricing errors at any time, including after an order has been placed, and to cancel and refund any order affected by a manifest pricing error, at our discretion. Promotional codes and discounts are single-use unless stated otherwise, may not be combined unless expressly permitted, and may be withdrawn or invalidated at any time without notice, including retroactively where obtained through error or misuse. Refunds, where available, are governed exclusively by our Refund Policy.

6. Availability, changes, and discontinuation of the Service

We aim to keep the Service available at all times but do not guarantee uninterrupted, error-free, or continuous access. We may modify, suspend, or discontinue any part of the Service, temporarily or permanently, at any time and without liability to you, except to the extent this would deprive you of digital content you have already paid for and not yet been able to reasonably access, in which case our sole obligation is to provide reasonable alternative access or a proportionate remedy under our Refund Policy, at our discretion.

7. No professional or admissions advice; no guaranteed outcome

The Service is a study aid only. It does not constitute educational, academic, or admissions advice, and nothing in the Service guarantees any particular score, placement result, or admission outcome at any institution. You are solely responsible for verifying your own institution's specific requirements and for your own exam preparation decisions. Any decision you make in reliance on the Service is made at your own risk.

8. Disclaimer of warranties

To the fullest extent permitted by applicable law, the Service is provided "as is" and "as available," without warranty of any kind, express or implied, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, or non-infringement, except where such warranties cannot lawfully be excluded for consumer transactions under Dutch or EU law.

9. Limitation of liability

To the fullest extent permitted by law, Exam.ify's aggregate liability to you arising out of or relating to the Service or these Terms, however arising (including in contract, tort, or otherwise), shall not exceed the total amount you actually paid to Exam.ify for the specific product giving rise to the claim in the twelve (12) months preceding the event giving rise to liability. Exam.ify shall not be liable, under any circumstance, for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, academic opportunity, or admission outcome, even if advised of the possibility of such damages. Nothing in this clause excludes or limits liability that cannot lawfully be excluded or limited under Dutch law, including liability for intent (opzet) or gross negligence (grove schuld) on Exam.ify's part, or liability arising under mandatory EU or Dutch consumer-protection law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Exam.ify, its owners, team members, and officers from and against any claim, liability, damage, loss, cost, or expense (including reasonable legal fees) arising out of or relating to: (a) your use or misuse of the Service; (b) your breach of these Terms; (c) your violation of any law or the rights of any third party; or (d) any content or information you submit to the Service, to the extent permitted by applicable law.

11. Termination

We may suspend or terminate your account and access to the Service at any time, with or without cause and with or without notice, including for any actual or suspected breach of these Terms, fraudulent or abusive activity, or chargeback/payment dispute initiated without first contacting us. Upon termination for breach, no refund is owed for any product already delivered or made accessible to you. Sections of these Terms that by their nature should survive termination (including Sections 3, 8, 9, 10, 13, and 14) shall survive.

12. Changes to these Terms

We may update these Terms at any time by posting a revised version on this page with an updated "Last updated" date. Continued use of the Service after a change takes effect constitutes your acceptance of the revised Terms. For material changes, we will make reasonable efforts to provide additional notice where required by law.

13. Governing law and dispute resolution

These Terms and any dispute arising out of or relating to the Service are governed by the laws of the Netherlands, without regard to conflict-of-law principles. Before initiating any court proceeding, both parties agree to first attempt in good faith to resolve the dispute informally by written notice to the other party, within thirty (30) days. Subject to any mandatory consumer-protection rule granting you the right to bring proceedings in your own country of residence, any dispute shall fall under the exclusive jurisdiction of the competent courts of the Netherlands. This clause does not limit either party's right to seek urgent injunctive relief where genuinely necessary.

14. Your statutory consumer rights are not affected

Nothing in these Terms excludes, limits, or otherwise affects any mandatory statutory right you have as a consumer under Dutch law (including the Burgerlijk Wetboek) or EU law (including Directive 93/13/EEC on unfair terms in consumer contracts and Directive 2011/83/EU on consumer rights). Where any clause above would otherwise conflict with such a mandatory right, the mandatory right prevails and the clause is read down to the minimum extent necessary to comply.

15. Severability and entire agreement

If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. These Terms, together with our Legal Notice, Privacy Policy, Refund Policy, and any order-specific terms shown at checkout, constitute the entire agreement between you and Exam.ify regarding the Service.

16. Contact

Questions about these Terms can be sent to omptexam@protonmail.com, or see our Need Help? page.