Terms of Use & Software License Agreement
Copyright © 2018–2026 utilsware (utilsware.com) All rights reserved.
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1. Definitions
- "Software" refers to Testam, including the hosted web application, its APIs, its user interface, documentation, branding, and all associated files.
- "Developer" refers to the utilsware team, the sole copyright holder of the Software.
- "User" refers to any individual or entity that accesses or uses the Software.
- "Content" refers to questions, exams, media, results, and any other material a User creates or uploads through the Software.
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2. Grant of License
The Developer grants the User a worldwide, royalty-free, non-exclusive, non-transferable, revocable right to access and use the hosted Software:
- For personal, educational, or commercial purposes, free of charge.
- For an unlimited number of exams, questions, candidates, and organization members, subject to the fair-use limits in Section 5.
This license is granted at no cost and is intended to remain free of charge.
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3. Source Code
The Software is not open source. Its source code is proprietary and is not published, distributed, or licensed for inspection, modification, or reuse. Nothing in this agreement grants any right to the source code.
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4. Restrictions
The following are expressly prohibited without prior written approval from the Developer:
1. Reverse engineering — You may not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, algorithms, or underlying structure of the Software. 2. Redistribution — You may not copy, host, resell, sublicense, or otherwise make the Software available to third parties as a service of your own. 3. Rebranding — You may not remove, alter, or obscure any copyright notice, branding, trademark, or attribution belonging to Testam or the Developer, except through the organization branding features the Software itself provides. 4. Automated abuse — You may not scrape the Software, circumvent its access controls, or use automated agents to extract content belonging to other Users.
To request written approval for any use not covered by this license, contact: utilsware.admin@gmail.com
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5. Acceptable Use
The Software must not be used to:
- Upload or distribute unlawful, infringing, or malicious content
- Impersonate another person or organization
- Attempt to gain unauthorized access to another User's account, organization, or data
- Place a deliberate or disproportionate load on the Service that degrades it for others
The Developer may suspend or terminate access that breaches this section.
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6. Your Content
You retain full ownership of your Content. The Developer claims no ownership over questions, exams, media, or results you create.
You grant the Developer only the limited, technical rights necessary to operate the Service — to store, transmit, render, back up, and process your Content so it can be delivered and graded. This right ends when you delete the Content or your account.
You are responsible for holding the rights to any Content you upload, and for complying with the laws applicable to how you assess your candidates.
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7. Availability
The Software is provided as a free hosted service. The Developer aims for high availability but does not guarantee uninterrupted access, and may modify, suspend, or discontinue features at any time. Where a discontinuation would affect stored data, reasonable notice and an export path will be provided.
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8. Disclaimer of Warranty
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Automated grading, AI-assisted grading, and proctoring signals are aids to human judgement, not substitutes for it. The User is solely responsible for reviewing and for any decision made on the basis of a result produced by the Software.
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9. Limitation of Liability
IN NO EVENT SHALL THE DEVELOPER BE LIABLE FOR ANY CLAIM, DAMAGES, OR OTHER LIABILITY — WHETHER IN AN ACTION OF CONTRACT, TORT, OR OTHERWISE — ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE OR ITS USE.
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10. Termination
This license terminates automatically if the User breaches any of its terms. The User may terminate at any time by ceasing to use the Software and deleting their account.
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11. Governing Terms
This agreement constitutes the entire understanding between the User and the Developer regarding the Software, and supersedes any prior agreement or representation.
For questions regarding this license, contact: utilsware.admin@gmail.com