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 organization, you represent that you have the authority to bind that organization to 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

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.

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 immediately notify us of any unauthorized use of your account or any other breach of security.

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.

4. 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 or servers
Attempt to gain unauthorized access to any part of the Service
Use automated tools to access the Service without permission
Harvest or collect user information without consent
Use the Service for any illegal or unauthorized purpose

5. 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 or answers with others
Not using unauthorized materials or assistance during exams
Providing genuine, original responses

Violations of academic integrity may result in disciplinary action by your educational institution and termination of your VoiceExam account.

6. Intellectual Property Rights

6.1 Our Content

The Service, including its design, features, and content (excluding User Content), is owned by eFit Software and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express permission.

6.2 User Content

You retain ownership of content you create and submit through the Service ("User Content"), including exam questions, responses, and recordings. By submitting User Content, you grant us a limited license to store, process, and display such content as necessary to provide the Service.

6.3 Instructor Content

Instructors retain ownership of exam questions, rubrics, and other educational materials they create. These materials may be used by students solely for completing assigned examinations.

7. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to our data practices as described in the Privacy Policy.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

While our AI-powered features assist with transcription and grading, they are tools to support—not replace—instructor judgment. Instructors are responsible for reviewing and finalizing all grades.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EFIT SOFTWARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR ACADEMIC STANDING, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless eFit Software, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of another party.

11. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. You may terminate your account by contacting us at support@efit.software.

Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

13. Governing Law

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 arising from these Terms or your use of the Service shall be resolved in the courts of Harris County, Texas.

14. Severability

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

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and eFit Software regarding the Service and supersede all prior agreements and understandings.