Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and eFit Software ("Company," "we," "our," or "us") regarding your use of the VoiceExam platform and related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service. If you are using the Service on behalf of an educational institution or other organization ("Institution"), you represent and warrant that you have the authority to bind that Institution to these Terms, and "you" refers to both you individually and the Institution.

These Terms are supplemented by our Privacy Policy, which is incorporated herein by reference. To the extent an Institution has executed a separate written agreement with us (such as an Institutional License Agreement or Data Processing Addendum), the terms of that agreement shall control in the event of a conflict with these Terms.

2. Description of Service

VoiceExam is an educational technology platform that enables instructors to create and administer oral examinations, and students to record and submit verbal responses. The Service includes:

Exam creation and management tools for instructors
Audio/video recording capabilities for student responses
AI-powered transcription and grading assistance
Class management and enrollment features
Analytics and reporting tools
LMS integration capabilities (LTI 1.3)

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will provide reasonable advance notice of any material changes or discontinuation that would significantly impact your use of the Service.

3. User Accounts

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You may not create an account using false or misleading information or on behalf of another person without their authorization.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to: (a) use a strong, unique password; (b) not share your credentials with others; (c) immediately notify us at support@efit.software of any unauthorized use or security breach. We are not liable for any loss arising from unauthorized use of your account.

3.3 Account Types

The Service offers different account types (Student, Instructor, Administrator) with varying levels of access and functionality. You agree to use your account only for its intended purpose and in accordance with your assigned role. Misuse of elevated privileges may result in immediate account suspension.

3.4 Age Requirements

You must be at least 13 years of age (or the minimum age required in your jurisdiction) to create an account. Users under 18 may only use the Service through an educational institution that has authorized their access. Educational institutions are responsible for ensuring compliance with COPPA and other applicable child protection laws.

4. Subscriptions and Payments

4.1 Fees

Certain features of the Service require a paid subscription. Fees are as displayed on our pricing page at the time of purchase. We reserve the right to change our fees upon 30 days' written notice. Fee changes will not apply to the current billing period.

4.2 Payment Processing

All payments are processed through third-party payment providers (Stripe and PayPal). By providing payment information, you authorize us to charge the applicable fees. You agree to the payment processor's terms of service. We do not store your full payment card details on our servers.

4.3 Refunds

Refund requests must be submitted within 30 days of the charge. Refunds are issued at our reasonable discretion and will be processed through the original payment method. Institutional license refunds are governed by the applicable Institutional License Agreement.

5. Acceptable Use Policy

You agree not to use the Service to:

Violate any applicable laws, regulations, or third-party rights
Submit false, misleading, or fraudulent information
Impersonate another person or entity
Cheat, plagiarize, or engage in academic dishonesty
Upload or transmit malicious code, viruses, or harmful content
Interfere with or disrupt the Service, servers, or connected networks
Attempt to gain unauthorized access to any part of the Service or its underlying systems
Use automated tools, bots, scrapers, or crawlers to access the Service without written permission
Harvest or collect user information without consent
Reverse engineer, decompile, or disassemble any part of the Service
Use the Service to develop a competing product or service
Circumvent any access controls, rate limits, or security features

Violation of this policy may result in immediate suspension or termination of your account without prior notice.

6. Academic Integrity

Students using VoiceExam are expected to adhere to their institution's academic integrity policies. This includes but is not limited to:

Completing exams independently unless collaboration is explicitly permitted
Not sharing exam questions, prompts, or answers with others
Not using unauthorized materials, AI tools, or external assistance during exams
Providing genuine, original responses in your own voice
Not recording, reproducing, or distributing exam content

Violations of academic integrity may result in disciplinary action by your educational institution and immediate termination of your VoiceExam account. We may share evidence of suspected academic dishonesty with your institution.

7. Intellectual Property Rights

7.1 Our Content and Platform

The Service, including its software, design, features, documentation, trademarks, logos, and content (excluding User Content), is owned by eFit Software and protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works of any part of the Service without our express written permission.

7.2 User Content

You retain all ownership rights to content you create and submit through the Service ("User Content"), including exam responses and recordings. By submitting User Content, you grant us a limited, non-exclusive, royalty-free license to store, process, transmit, and display such content solely as necessary to provide and improve the Service. This license terminates when you delete your content or your account is terminated, except as required for backup, legal compliance, or legitimate educational record-keeping.

7.3 Instructor Content

Instructors retain full ownership of exam questions, rubrics, and other educational materials they create on the platform. These materials may be accessed by enrolled students solely for completing assigned examinations and may not be reproduced or distributed without the instructor's permission.

7.4 Institutional Data

Educational institutions retain ownership of all institutional data, including student records, enrollment data, and educational records as defined by FERPA. We process this data solely on behalf of and under the direction of the institution.

7.5 Feedback

If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant us an unrestricted, irrevocable, royalty-free license to use that Feedback for any purpose without obligation to you.

8. AI-Powered Features

The Service utilizes artificial intelligence for transcription and grading assistance. By using these features, you acknowledge and agree that:

AI Limitations: AI-generated transcriptions and grading suggestions are not guaranteed to be 100% accurate. They are tools to assist—not replace—human judgment.
Instructor Responsibility: Instructors are solely responsible for reviewing, modifying, and finalizing all grades and feedback. eFit Software is not liable for grading decisions.
No Training on Your Data: Your recordings, transcripts, and personal data are never used to train or improve third-party AI models. See our Privacy Policy for details.
Third-Party AI Services: AI features are powered by third-party providers subject to Data Processing Agreements that protect your data.

9. FERPA and Educational Compliance

When providing the Service to educational institutions:

We act as a "School Official" with a "legitimate educational interest" under FERPA
We use student education records only for the purposes authorized by the institution
We do not disclose personally identifiable information from education records except as authorized by the institution or as permitted by FERPA
Institutions maintain control over their student data and may request export or deletion at any time
We will enter into supplemental agreements (e.g., Data Processing Addendums) as reasonably requested by institutions to ensure regulatory compliance

10. Third-Party Services and Integrations

The Service may integrate with or contain links to third-party services, including but not limited to learning management systems (LMS), payment processors, and AI providers. These third-party services are governed by their own terms and privacy policies. We are not responsible for the content, practices, or availability of third-party services. Your use of third-party integrations is at your own risk.

11. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

Scheduled maintenance (with reasonable advance notice when possible)
Emergency maintenance or security patches
Factors beyond our reasonable control (see Section 18)

Institutional customers with Service Level Agreements (SLAs) are governed by the terms of those agreements.

12. Privacy and Data Protection

Your use of the Service is governed by our Privacy Policy, which describes how we collect, use, disclose, and protect your personal information, including compliance with FERPA, GDPR, CCPA/CPRA, COPPA, BIPA, and PIPEDA. By using the Service, you acknowledge that you have read and understood our Privacy Policy.

For institutional customers, we offer Data Processing Addendums (DPAs) that incorporate Standard Contractual Clauses and meet applicable regulatory requirements. Contact support@efit.software to request a DPA.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF AI-GENERATED TRANSCRIPTIONS OR GRADING SUGGESTIONS. INSTRUCTORS ARE SOLELY RESPONSIBLE FOR ALL FINAL ACADEMIC DECISIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EFIT SOFTWARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, ACADEMIC STANDING, OR OTHER INTANGIBLE LOSSES, ARISING FROM: (A) YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (C) ANY THIRD-PARTY CONDUCT ON THE SERVICE; (D) AI-GENERATED CONTENT OR GRADING SUGGESTIONS; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED US DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. Indemnification

You agree to indemnify, defend, and hold harmless eFit Software, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your User Content; or (e) your violation of any rights of a third party.

We will promptly notify you of any such claim and reasonably cooperate with your defense. You may not settle any claim without our prior written consent.

16. Dispute Resolution

16.1 Informal Resolution

Before filing any formal legal action, you agree to first contact us at support@efit.software and attempt to resolve the dispute informally for at least thirty (30) days.

16.2 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes that cannot be resolved informally shall be resolved exclusively in the state or federal courts located in Harris County, Texas, and you consent to the personal jurisdiction of such courts.

16.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS DISPUTE RESOLUTION SECTION SHALL BE NULL AND VOID.

16.4 Exceptions

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief in court for matters related to intellectual property, data security, or unauthorized access.

17. Termination

17.1 Termination by You

You may terminate your account at any time by contacting us at support@efit.software. Upon termination, you may request an export of your User Content in a standard machine-readable format, subject to applicable law and institutional policies. We will process export requests within thirty (30) days.

17.2 Termination by Us

We may suspend or terminate your access to the Service: (a) immediately, without notice, for violations of Section 5 (Acceptable Use) or if required by law; (b) with 30 days' notice for any other reason, including discontinuation of the Service. For institutional accounts, we will provide reasonable notice and assist with data migration.

17.3 Effect of Termination

Upon termination: (a) your right to use the Service ceases immediately; (b) we will delete your data in accordance with our Privacy Policy and applicable data retention requirements; (c) any outstanding fees become immediately due. Sections 7 (Intellectual Property), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), and 16 (Dispute Resolution) shall survive termination.

18. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, pandemics, acts of government, internet or telecommunications failures, cyberattacks, power outages, labor disputes, or third-party service provider failures.

19. Modifications to Terms

We reserve the right to modify these Terms at any time. For material changes, we will:

Provide at least 30 days' advance notice before changes take effect
Post the updated Terms on this page with an updated effective date
Notify you via email or prominent in-app notification

Your continued use of the Service after the effective date of any changes constitutes acceptance of the updated Terms. If you do not agree to the revised Terms, you must discontinue use of the Service before the changes take effect.

20. General Provisions

20.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable Institutional License Agreement or Data Processing Addendum, constitute the entire agreement between you and eFit Software regarding the Service and supersede all prior agreements and understandings, whether written or oral.

20.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

20.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of eFit Software.

20.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, provided the assignee agrees to be bound by these Terms.

20.5 Notices

Notices to you may be sent to the email address associated with your account. Notices to us must be sent to support@efit.software. Notices are deemed received when sent by email (upon confirmed delivery) or when posted to the Service.