Terms of Usage
Introduction
These terms and conditions (“Terms”) govern your access to and use of Open Assessment Technologies’ TAO Testing platform and services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Service.
License to Use
Subject to your compliance with these Terms, Open Assessment Technologies grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes.
User Account
To access and use the Service, you may be required to create a user account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify Open Assessment Technologies of any unauthorized use of your account or any other breach of security.
Acceptable Use
You agree not to use the Service for any unlawful or prohibited activities. You shall not (a) attempt to gain unauthorized access to the Service, (b) interfere with or disrupt the Service or any networks connected to the Service, (c) transmit any viruses, worms, or other harmful code through the Service, or (d) use the Service in any manner that violates any applicable laws or regulations.
Intellectual Property
All intellectual property rights in the Service, including but not limited to copyrights, trademarks, and trade secrets, are owned by Open Assessment Technologies or its licensors. You agree not to copy, modify, create derivative works of, publicly display, publicly perform, or distribute the Service, except as expressly permitted by these Terms or with the prior written consent of Open Assessment Technologies.
Termination
Open Assessment Technologies reserves the right to terminate your access to and use of the Service, in whole or in part, at any time and for any reason, including but not limited to your violation of these Terms. Upon termination, you shall cease all use of the Service and destroy any copies of the Service in your possession or control.
Disclaimer of Warranties
The Service is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Open Assessment Technologies does not warrant that the Service will be uninterrupted, error-free, or completely secure.
Limitation of Liability
In no event shall Open Assessment Technologies be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits or data, arising out of or in connection with your use of or inability to use the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not Open Assessment Technologies has been advised of the possibility of such damages.
Indemnification
You agree to indemnify, defend, and hold harmless Open Assessment Technologies, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in connection with your access to or use of the Service or your breach of these Terms.
Last updated 05/04/23