Terms of Service

ExamQR is in a pilot phase: we are working closely with a small number of organisations and these terms may change more often than usual. We will tell you before any change takes effect.

These terms are an agreement between you and TEX VIETNAM TECHNOLOGY JOINT STOCK COMPANY (CÔNG TY CỔ PHẦN CÔNG NGHỆ TEX VIỆT NAM; "TEX Vietnam JSC", "we", "us"), the operator of ExamQR at examqr.com, app.examqr.com and related domains, and of the ExamQR offline exam apps (the "Service"). By creating an account or using the Service you agree to them. If you use the Service for an organisation, you confirm that you may accept these terms for it, and "you" includes that organisation.

1. Accounts

• Accounts are for adults (18 or older) acting for themselves or for an organisation. Give us accurate information and keep your password secret; you are responsible for what happens under your account and the staff accounts you create.
• Candidates (the people who take your exams) do not need an ExamQR account. You add them, or let them register for an exam you open, and give them their sign-in details.
• We may suspend or close an account that breaks these terms or harms the Service or other users. You can close your account at any time (section 9).

2. Your content and your candidates' data

• Tests, questions, exams, branding and other material you put into the Service ("Your Content") remain yours. You grant us the right to store, process and display Your Content only to provide the Service to you and your candidates.
• For personal data about your candidates, you are the controller and we are your processor. Our Data Processing Agreement forms part of these terms and applies automatically.
• You are responsible for having a lawful basis for the candidate data you put into the Service and for the monitoring you switch on, and for telling candidates about it. In particular, you must obtain the consent the law requires before you turn on face check, and you must not turn on face check for children without the consent of a parent or guardian where the law requires it.
• You must have the right to use the tests and questions you upload. We may remove content that we are told, with reason, infringes someone else's rights.

3. Exams and proctoring

• The Service helps you deliver and supervise exams: it can detect when a candidate leaves the exam window, take screenshots when you turn on screen monitoring, and check faces when face check is enabled. These tools give your supervisors information; they do not decide whether a candidate cheated. Decisions about candidates are yours.
• Proctoring alerts and screenshots are deleted automatically 90 days after the exam date. Export anything you need to keep longer before then.
• Exams depend on candidates' devices and internet connections. For exams where a lost connection is not acceptable, use the offline exam server on your own local network.

4. AI features

• AI features (converting Word or PDF tests, generating questions) send what you provide to an AI provider and return the result. Candidate answers are never sent to an AI provider.
• AI output can be wrong, incomplete or unsuitable. Review it before you use it in an exam; you are responsible for the exams you publish.
• We do not use Your Content to train AI models.

5. Plans, credits and offline licences

• Prices are shown in the Service before you pay. Payments are processed by Paddle.com Market Ltd or its affiliates ("Paddle"), our merchant of record. Paddle's buyer terms apply to the purchase; Paddle handles payment details, invoices, taxes and refunds.
• Online plans are paid in advance for the period shown at checkout and do not renew automatically. When a period ends, the plan's limits return to the free level until you buy again; your data stays.
• Credits pay for AI features. The number of credits a job costs is shown before you start it. If an AI job fails on our side, its credits are returned automatically. Credits have no cash value and cannot be transferred or exchanged for money.
• An offline licence lets you run the ExamQR offline exam server on the number of devices and for the period shown at purchase. You may not share, resell or circumvent the licence. A refunded licence is revoked.
• Refunds are described in our Refund Policy, which does not limit your rights under consumer law.

6. Acceptable use

Do not: interfere with the Service or its security; try to access other organisations' data or exams; upload malware; use the Service to help candidates cheat in exams run by someone else; send unsolicited messages; misrepresent who you are; or use the Service in a way that breaks the law or these terms. We may rate-limit, suspend or block use that we believe is abusive.

7. Availability and changes to the Service

We work to keep the Service available, especially during scheduled exams, but we do not promise uninterrupted operation during the pilot. We may add, change or remove features; if we remove a feature you paid for, we will offer a pro-rata refund of the unused part.

8. Changes to these terms

If we change these terms in a material way, we will tell account holders by email or in the Service at least 14 days before the change applies (except where a change is required by law sooner). Continued use after that is acceptance; if you do not accept, you can close your account and ask for a pro-rata refund of a plan period you have paid for.

9. Closing your account

Export what you need (candidate lists and results can be exported to Excel), then email [email protected] from your account address. We delete your account and Your Content within 30 days, as described in the Privacy Policy; records we must keep by law (for example payment records) are kept for the period the law requires.

10. No warranty

The Service is provided "as is" and "as available". To the fullest extent permitted by law we make no warranties, express or implied, about the Service, its accuracy, availability or fitness for a particular purpose.

11. Limitation of liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss, or for any loss of data, profits or goodwill, arising from the Service. Our total liability for any claim arising from the Service is limited to the amount you paid us in the twelve months before the claim, or USD 100, whichever is greater. Nothing in these terms limits liability that cannot be limited by law, including for death or personal injury caused by negligence or for fraud, or your statutory consumer rights.

12. Governing law and disputes

These terms are governed by the laws of Vietnam, where we are established. If you are a consumer in the European Union, the United Kingdom or another jurisdiction that grants you mandatory protections, you keep those protections and may bring a claim in your own courts. Before starting formal proceedings, please contact us so that we can try to resolve the problem informally.

13. General

These terms, the Privacy Policy, the DPA, the Refund Policy and the prices shown in the Service are the whole agreement between you and us about the Service. If any part is unenforceable, the rest still applies. If we do not act on a breach, that is not a waiver. You may not transfer this agreement; we may transfer it to a successor of the Service, with notice to you.

14. Contact

TEX VIETNAM TECHNOLOGY JOINT STOCK COMPANY (CÔNG TY CỔ PHẦN CÔNG NGHỆ TEX VIỆT NAM; registered name without diacritics: CONG TY CO PHAN CONG NGHE TEX VIET NAM).
Registered address: No. 367-E16, Group 11, Dong Anh Town, Dong Anh District, Hanoi City, Vietnam.
Email: [email protected].