Terms & conditions

Introduction

These terms of use/service (hereinafter referred to as the “Terms”) constitutes a legal and binding agreement between ExamBanQ referred to as “Us”, “We”, or “Our” and the users and their heirs, agents, successors and assigns (hereinafter singularly and collectively referred to as “You” or “Your”) that use Our “ExamBanQ” website platform at https://www.exambanq.vercel.app (hereinafter referred to as the “ExamBanQ Platform”, along its entire contents, features, services and functionalities) and any related documentation (including, without limitation, user and technical documentation, further explanatory written materials related to the ExamBanQ Platform, etc.), service (including, without limitation, SaaS, internet-based service, etc.), tool, application, component, object code, source code, appearance (including, without limitation, images, designs, fonts, etc.), structure, as well as any modification and update thereof (hereinafter the ExamBanQ Platform any and all the other items above mentioned will be singularly and collectively referred to as the “Services”).

IMPORTANT NOTICE: Your continued use of the Services constitutes Your expressed acceptance of and agreement to be bound by these Terms, as in force from time to time. Therefore, You understand and acknowledge that by accessing or using the Services You agree to be bound by these Terms. If You do not accept the Terms in their entirety, You must not access or use the Services. If You agree to these Terms on behalf of an entity, or in connection with providing or receiving services on behalf of an entity, You represent and warrant that You have the authority to bind that individual or entity to these Terms. In such event, “You” and “Your” will refer and apply to that entity.

• You must be an individual (a private or natural person) and an active member of ExamBanQ. Multiple access, sign-up or sign-in attempts and accounts set up by the same person will not qualify for extra "Services
• You must be a recognized adult of 18 years old. Use of "Services" for children under 18 years old is only allowed under the consent of their parents or legal guardians.
• Requirements. The use of the Services is subject to an active internet. You agree that You are solely responsible for these requirements, as well as for any applicable changes, updates and fees.
• Language. The Services are provided in English language. We do not offer any translation service.
• Scope of the license. You agree that You will use the Services only in connection with Your quality of user thereof. Any information provided to You on or via the Services does not constitute a professional advice, fully exclusive content and is offered only AS A GUIDE.
• Reservation of rights. We expressly reserve any and all the rights not expressly granted to You in these Terms.

Your responsibilities

General responsibilities. You are entirely responsible for the use of the Services and, to such purpose, You shall not use, encourage, promote, facilitate, instruct (or induce other users or any other third party to do the foregoing on) the ExamBanQ Platform for any activity that violates any applicable local, state, national, and international law, statute, rule, ordinance or regulation (hereinafter singularly and collectively referred to as the “Law”), or for any other illegal, fraudulent, harmful, or offensive purpose, or to transmit, store, display, distribute or otherwise make available information, text, software, pictures, messages or any other data or material, however named (hereinafter singularly and collectively referred to as the “Content”), that is illegal, harmful, offensive, libellous, defamatory, obscene, pornographic, explicit, profane, threatening, abusive, hateful, harassing, inappropriate or that would encourage or constitute a criminal or civil liability under any Law.

Examples of prohibited uses of the Services include:

• creating a false identity based on ExamBanQ Platform, misrepresenting Your identity, contacting staff using false information or representing anyone other than yourself (a real person), or accessing any services using malicious means;
• accessing the Services using any robot, spider, scraper, or other automated means to access the Services for any purpose (e.g., data extraction, data scraping, data mining, data harvesting, etc.);
• facilitating or encouraging any violations of these Terms.

Account security. You are entirely responsible for safeguarding and maintaining the confidentiality of Your private information while interacting with ExamBanQ. You acknowledge and accept that We will assume that any person accessing the Services is You. You further undertake not to share the data with any third party or to let anyone else access the Services, or do anything else that might jeopardize the security thereof. You agree to make every reasonable effort to prevent unauthorized third parties from accessing the Services and agree to notify Us immediately of any unauthorized use thereof.

Backup. You accept and acknowledge that We do not provide any backup or restoration service, although We backup regularly Our systems. You are encouraged to archive your use details regularly and frequently. Therefore, You shall bear full risk of loss and damage of Your Content.

Updates, availability and support

Updates. We, in Our sole discretion, reserve the right to add additional tools, utilities, improvements, third party applications, features or functions, or to provide programming fixes, updates and upgrades, to the ExamBanQ Platform and to the Services in general, in order to improve and enhance the features and performance thereof (hereinafter collectively referred to as the “Updates”). You expressly acknowledge and agree that We have no obligation to make available and/or provide any Updates. In case We provide Updates, these Terms shall automatically apply thereto, unless We provide other terms along with such Updates.

Availability. We will use commercially reasonable efforts to make available the Services. Notwithstanding the preceding, You acknowledge and agree that We have no control or liability over the availability of the Services on a continuous or uninterrupted basis, as We use third-party vendors and hosting partners to provide us the necessary hardware, software, networking, storage, and related technology required to run the Services. Therefore, from time to time the Services may be inaccessible or inoperable, including, without limitation:

• equipment malfunctions, periodic maintenance procedures or repairs;
• causes beyond Our control or that are not reasonably foreseeable; and
• interruptions, suspensions or other problems caused by third parties.

Unsplash Images

Unsplash Images. The ExamBanQ Platform contains & uses images provided by Unsplash, Inc. (“Unsplash”). The use of the images is subject to the terms and conditions of Unsplash’s license agreement available at https://unsplash.com/license .

License. Unsplash grants a worldwide, non-exclusive, royalty-free, non-transferable license to use the Unsplash Images for the sole purpose of using the ExamBanQ Platform. You may not use the Unsplash Images for any other purpose, including, without limitation, for any commercial purpose.

Restrictions. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Unsplash Images or any part thereof.

No endorsement. Unsplash does not endorse or sponsor You or the ExamBanQ Platform.

No warranties. Unsplash makes no warranties or representations regarding the Unsplash Images or the ExamBanQ Platform.

Limitation of liability. Unsplash will not be liable to You or any third party for any damages, including, without limitation, any lost profits, lost savings or other incidental, consequential or special damages, arising out of the use or inability to use the Unsplash Images or the ExamBanQ Platform.

Indemnification. You agree to indemnify, defend and hold harmless Unsplash and its affiliates, and their respective officers, directors, employees, agents, representatives, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with Your use of the Unsplash Images or the ExamBanQ Platform.

Indemnification

Indemnification. You shall indemnify and hold Us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arose by any claim made by any third party (including, without limitation, any agency, public administrations, entities, etc.) against Us in connection with any of Your:

• breach of these Terms;
• violation of any law or the rights of a third party;
• use or misuse of the Services

Remedies. You further agree and acknowledge that any violation of Your obligations pursuant to these Terms may cause Us irreparable harm and damage, which may not be recovered at Law. Therefore, You agree that Our remedies for breach of these Terms may be in equity by way of injunctive relief, as well and any other relief available, whether in Law or in equity.

Amendments

We may, in our sole discretion, amend these Terms at any time by posting a revised version thereof on Our website, providing reasonable advance notice of any amendment that includes a change that reduces Your rights or increases Your responsibilities. Your continued use of the Services following changes to the Terms after the effective date of a revised version thereof constitutes Your expressed acceptance of and agreement to be bound by the Terms, as in force from time to time.