TERMS OF SERVICE Effective Date: December 1st, 2025 These Terms of Service ("Terms") govern your access to and use of the online exam and assessment platform, related websites, applications, and services (collectively, the "Service") provided by Maximilian Kuechen, an individual ("Maximilian," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service. ELIGIBILITY AND ACCOUNTS 1.1 Eligibility You may use the Service only if you (a) are at least the age of majority in your jurisdiction or have appropriate authorization from a parent/guardian or educational institution, and (b) have full power and authority to enter into these Terms. 1.2 Accounts and Authentication You may be required to create an account or use institutional credentials (e.g., single sign-on) to access the Service. You agree to: (a) provide accurate and up-to-date information; (b) maintain the confidentiality of your login credentials; and (c) promptly notify us or your institution of any suspected unauthorized use. You are responsible for all activities that occur under your account, whether or not authorized by you. RELATIONSHIP WITH INSTITUTIONS 2.1 Institutions The Service may be provided to or through educational institutions, instructors, testing organizations, or other entities (collectively, "Institutions"). In many cases, the Institution sets exam rules, grading policies, proctoring settings, and data retention practices. To the maximum extent permitted by law, we are not responsible for any academic, employment, disciplinary, or other decisions made by an Institution or third party. 2.2 Institutional Policies Your use of the Service may be subject to additional agreements, policies, and honor codes imposed by your Institution. It is your responsibility to review and comply with those rules. In case of conflict between an Institution’s policies and these Terms, the Institution’s policies may control with respect to your relationship with the Institution. EXAM RULES AND ACCEPTABLE USE 3.1 Exam Conduct You agree to use the Service only for lawful purposes and in accordance with all applicable exam rules, including those of your Institution. Without limitation, you agree that you will not: (a) cheat or attempt to cheat in any exam; (b) use unauthorized materials, devices, or assistance; (c) impersonate any person or misrepresent your identity; (d) attempt to interfere with or circumvent any proctoring or monitoring features. 3.2 Acceptable Use You further agree not to: (a) access or use the Service in a way that could damage, disable, overburden, or impair it; (b) reverse engineer, decompile, or attempt to derive source code from the Service except as permitted by law; (c) introduce malware, viruses, or other harmful code; (d) attempt to gain unauthorized access to any accounts, systems, or networks; (e) use the Service to infringe any intellectual property or other rights. We may, at our sole discretion and without liability, suspend or terminate your access to the Service for any violation or suspected violation of these Terms or of applicable laws or institutional policies. PROCTORING AND MONITORING 4.1 Monitoring Features Depending on configuration by your Institution, use of the Service may involve proctoring or monitoring features, which may include, where permitted by applicable law and institutional policy: (a) screen recording or sharing; (b) logging of browser activity, tab/window focus changes, and navigation events; (c) collection of device, network, and usage data; (d) audio and/or video monitoring (webcam, microphone, room/environment scans); (e) other mechanisms intended to detect cheating or prohibited conduct. 4.2 Notice and Consent Your Institution is responsible for providing any required notices and obtaining any required consents from you before enabling these features. By using the Service during a monitored exam, you acknowledge that such monitoring may occur and you consent to it to the extent required for the exam and permitted by law. INTELLECTUAL PROPERTY 5.1 Ownership The Service, including all software, code, interfaces, designs, and content (other than User Content defined below), is owned by Maximilian or our licensors and is protected by intellectual property and other laws. We reserve all rights not expressly granted in these Terms. 5.2 User Content "User Content" means any information, code, exam answers, messages, or other content you submit or upload through the Service. You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, store, display, and process User Content as necessary to: (a) provide, operate, maintain, and secure the Service; (b) comply with law or legal process; and (c) support your Institution’s use of the Service, including grading, integrity review, and administrative decisions. You represent and warrant that you have all necessary rights to submit User Content and grant the above license. PAYMENT (IF APPLICABLE) If you or an Institution pays fees for use of the Service, payment terms may be set forth in separate agreements, order forms, or institutional contracts. Unless otherwise stated: (a) fees are non-refundable; (b) you are responsible for any taxes, duties, or government charges (excluding our income taxes). PRIVACY Our collection, use, and disclosure of personal information are described in our separate Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you agree to the Privacy Policy. DISCLAIMER OF WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR ANY RELATED SYSTEMS ARE FREE OF MALICIOUS CODE OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR GUARANTEE ANY ACADEMIC, EMPLOYMENT, OR OTHER OUTCOME. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: 9.1 EXCLUSION OF CERTAIN DAMAGES IN NO EVENT SHALL MAXIMILIAN OR OUR AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 9.2 LIABILITY CAP OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (a) THE AMOUNT YOU (OR, IF APPLICABLE, YOUR INSTITUTION ON YOUR BEHALF) PAID TO US FOR USE OF THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR (b) ONE HUNDRED U.S. DOLLARS (USD $100). 9.3 BASIS OF THE BARGAIN YOU ACKNOWLEDGE THAT THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US AND SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. INDEMNIFICATION To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Maximilian and our affiliates, officers, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your use or misuse of the Service; (b) your violation of these Terms or any applicable law or institutional policy; (c) your User Content; or (d) any dispute between you and any Institution or third party. TERMINATION AND SUSPENSION We may, at our sole discretion and without liability, suspend or terminate your access to the Service at any time, including if we believe you have violated these Terms, applicable law, or an Institution’s policies, or if your Institution requests it. You may stop using the Service at any time. Upon termination, your right to use the Service will immediately cease, but certain sections of these Terms (including, without limitation, Sections 5, 8, 9, 10, 12, and 13) will survive. GOVERNING LAW AND DISPUTE RESOLUTION 12.1 Governing Law These Terms and any dispute arising out of or relating to the Service shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, USA, without regard to its conflict-of-laws rules. 12.2 Jurisdiction and Venue You agree that the exclusive jurisdiction and venue for any legal action or proceeding arising out of or relating to these Terms or the Service shall be the state and federal courts located in the Commonwealth of Massachusetts, USA. You hereby consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum or lack of jurisdiction. CHANGES TO THE SERVICE AND TERMS We may modify or discontinue all or part of the Service at any time, with or without notice, and without liability. We may also update these Terms from time to time. If we make material changes, we may provide notice (for example, by posting an updated version on the Service). Your continued use of the Service after the effective date of any updated Terms constitutes your acceptance of the updated Terms. If you do not agree, you must stop using the Service. MISCELLANEOUS 14.1 Entire Agreement These Terms, together with the Privacy Policy and any additional agreements expressly incorporated by reference, constitute the entire agreement between you and us regarding the Service. 14.2 Severability If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. 14.3 No Waiver Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. 14.4 Assignment You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may freely assign or transfer these Terms, in whole or in part, without restriction. 14.5 Contact If you have questions about these Terms, you may contact us at: maximilian.kuechen@gmail.com 114 Valentine Street, West Newton, MA 02465