ExamGecko

Terms

ExamGecko strives to maintain the fairest and most secure learning technology, in a way that is still compatible with our ability to grow as a business.

In plain English, here's the most important stuff:

  • ExamGecko collects only minimal personal info from you: Just email & name.  You can even use a fake name!
  • Only ExamGecko and your instructor can see your study data in your classes, unless you choose to share it with others manually
  • Any other user data captured by our systems (e.g. device info, activity logs, credit card info, etc.) is securely kept to ourselves and/or to our data or payments processing tech partners.  We do NOT share or sell your data, or integrate with third-party "ad" networks
  • You can remove your content from ExamGecko's public marketplace whenever you want, as long as you've first removed access from any other user it had been shared with
  • You can delete your ExamGecko account (or your students' accounts) whenever you want, ideally after having first removed your content
  • While we recognize that you are likely using copyrighted source material to "inspire" your content in ExamGecko, you may not upload, paste, or resell copyrighted material verbatim, unless you first make your classes private
  • You may not abuse other users or hack ExamGecko's website or app, or you'll get booted
  • ExamGecko complies with GDPR, COPPA, and other key data privacy and protection laws.  If you see any evidence that we are not, please tell us immediately!

And now for the legalese version . . . .

Terms

These Terms govern your use of ExamGecko, including our iOS applications, our Android application, and the Website located at www.ExamGecko.com (collectively, "the apps"), which are made available by ExamGecko, Inc. ("ExamGecko" or "we" or "us").

Your privacy is important to us. These "Terms" and this "User Agreement" (the "Agreement") outline the type of information that is collected through the apps and how that information is used and protected. The "Agreement" is a legal contract that describes the conditions under which users ("you") are permitted to use the apps.

By using the apps, you agree to be bound by this contract. If you do not accept the Agreement, please do not use the Product.

Changes to the agreement

ExamGecko may change this Agreement periodically, so please review it on occasion before using the apps. We will make the most recent version of the Agreement available on the Website along with the most recent date when it was modified.

By using the apps after we modify the Agreement, you accept the new version of the Agreement. If you do not agree to the changes, please do not continue to use the apps and/or please feel free to delete your account.

Transfer of data outside of your home country

Your information may be stored, processed and accessed in the United States or any other countries where ExamGecko has facilities. By using the apps, you consent to the transfer of information outside your country.

Copyright

All content on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of the Company or its content suppliers and is protected by domestic and international Copyright Laws.

The compilation of all content on this site is exclusive property of the Company and is protected by domestic and international copyright laws. All software used on this site is the property of the Company or its software suppliers and is protected by domestic and international copyright laws.

If you find your copyrighted materials on ExamGecko's public marketplace, please contact us using the Contact option in our apps, providing a link to the content in ExamGecko and a description of the violation, and we will address it accordingly.

Trademarks

ExamGecko, the ExamGecko Logo, and any other trademarks in the apps are trademarks owned by ExamGecko, Inc. You may not use these trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us.

Affiliates and Sales Representatives

ExamGecko may occasionally offer virtual or monetary incentives to active users who wish to invite others to register for the service. If you wish to participate in this "ExamGecko Reps" program, it should be known that:

  • You are not a ExamGecko employee. Your participation in this program is 100% voluntary, and all of your potential earnings are a result of your activity. No salary or compensation for mere effort is guaranteed.
  • You may not misrepresent ExamGecko. When describing your ExamGecko role to others, verbally or in writing, you may not claim that you are formally representing our company in any way, unless we evolve this ExamGecko Rep relationship into a more official affiliate deal with a signed contract.
  • You may not share private company materials. If we ever give you access to material that we explicitly classify as "private", "secret", or otherwise for-your-eyes-only, we expect that you will not share it with friends, colleagues, followers, or other companies.

Failure to adhere to any of the rules in this section or in ExamGecko’s general Terms of Agreement will result in suspension of your ExamGecko Rep role, and forfeiting any accrued royalties you were otherwise owed.

Disclaimer of warranty; limitation of liability

You understand that the apps is provided purely for your entertainment and education, and we do not guarantee that the information provided on the Site will be accurate or updated. We do not guarantee that we will continue to provide the apps, that the apps will be available at any particular time or from any particular place, or that they will continue to function in the manner that they currently function. You agree not to hold us liable for damages you claim are caused by third parties who contact you using the Site or become aware of your identity through the use of the apps, and you understand that, while such behavior is a violation of this Agreement, we need not attempt to control or identify individuals who falsify their identities or provide false information to others through the use of the apps. You agree that we are not liable for the infringing, defamatory, offensive, or illegal contact of third parties, including other users.

IN NO EVENT WILL WE, OUR PARENTS OR AFFILIATES, OR ANY OF OUR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE APPS (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES OFFERED IN, OBTAINED ON OR PROMOTED THROUGH THE APPS OR CONTENT CREATED ON OR THROUGH THE SITE).

THE APPS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF THE CLAIM ALLEGES THAT THE INDEMNIFIED PARTIES’ CONDUCT WAS WILLFUL.

Governing law; integration; no waiver; severability; termination

The prevailing party in any legal proceeding relating to these Terms and Conditions or your use of this site shall be entitled to recovery of reasonable attorney's fees, expert fees, litigation expenses and court costs in addition to any other relief Terms and Conditions and your agreement to be bound hereby are governed by the laws of the Netherlands, without regard to its conflicts of law rules. In the event of any dispute relating in any way to these Terms and Conditions or your use of this site, you consent to the personal jurisdiction of the NL and federal courts located in the jurisdiction of the court.

You agree that, notwithstanding any provision of law to the contrary, if you are located outside of the Netherlands, we may satisfy our obligation to serve you with legal process by sending an electronic mail message to the email address that you provided when you registered for the Services or by sending a paper communication to you at the postal address that you provided when you registered for the Services. You further agree that service will be deemed accomplished when we send the electronic mail message or paper communication, as appropriate, and that service may be proven through evidence that we sent the communication, regardless of whether we obtain evidence that you received the communication or that the communication was not delivered.

This Agreement constitutes the entire agreement between you and us. They govern your use of the apps (but excluding services, if any, that we may provide to you under a separate written agreement), and completely replace any prior agreements between you and us in relation to the apps.

Even if we act in a way that you believe to be inconsistent with this Agreement, those actions will not be deemed a waiver or constructive amendment of this Agreement. Similarly, our failure to object to your breach of your obligations under this Agreement does not constitute a waiver of any of our rights.

If any provision of this Agreement is ruled unlawful, void, or unenforceable, that provision will be severed from this Agreement, and the other provisions will remain effective and enforceable. In addition, the severed provision will be deemed replaced with a comparable provision that most closely reflects the intent of the parties.

We reserve the right to terminate the Apps and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Disclaimer and Limitation of Liability and Governing Law sections of this User Agreement shall survive any such termination.

Limitation of scope

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your access to and use of the Apps.

No provision of this Agreement may be interpreted to limit our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.

Right to opt in and opt out

You have the right to “opt-in” and “opt-out” of certain of our uses of your Personal Information. For example, in the apps, you may be able to elect to or not to receive correspondence from us or to make your content private, and you may be able to click an “unsubscribe” link in the footer of every email. You can also email us using the Contact link in our product. In this email, please say whether: (i) you would like to opt-out of receiving all email promotional correspondence from ExamGecko in general or (ii) if you would only like to opt-out of certain of ExamGecko’s e-newsletters or correspondence and if so which ones. You may also opt-out of ExamGecko’s promotional emails by clicking on an opt-out link within the email you receive.

Please understand that if you opt-out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.

Refunds

If you believe you have received faulty content or have not received an adequate study experience, you are entitled to a refund. Please contact [email protected] to receive your refund payment.

Cancellation

If you wish to have your user account completely removed from ExamGecko's databases, you may contact us at [email protected]

Contact us

If you have any questions or comments regarding our privacy practices, you may contact us at [email protected]