Terms & Conditions

Table of Contents

• 1. Account Authorization & Access Roles
• 2. Academic Integrity & Prohibited Actions
• 3. Proctoring & Environment Security Audit Systems
• 4. Subscription plans, Stripe Payments, & AI Limits
• 5. Bring Your Own Key (BYOK) Integration Policy
• 6. Intellectual Property & Uploaded Source Content
• 7. Generative AI Grading & Scoring Disclaimer
• 8. Warranty Disclaimers & Limits of Liability
• 9. Indemnification
• 10. Account Suspension, Lockout, & Termination
• 11. Governing Law & Dispute Resolution
• 12. Amendments & Notifications

1. Account Authorization & Access Roles

1.1 Registration: You must create a verified account to access the platform's creation and administrative settings. You agree to provide accurate, current, and complete registration information and maintain its accuracy.

1.2 Access Tiers: Access is defined by distinct roles, including:

• Superadmin: Unrestricted system-wide configuration, access control, and user profile management.
• Admin / Teacher: Creation of classrooms, document indexing, assessment generation, setting proctoring parameters, grading reviews, and roster imports.
• Student / Candidate: Secure access to individual test sessions, proctoring calibration, and submission viewing.

1.3 Credentials Security: Shared account usage, credential pooling, or unauthorized delegation of teacher/admin roles is strictly prohibited. You are solely responsible for all actions taken under your credentials.

2. Academic Integrity & Prohibited Actions

2.1 Academic Honesty: Candidates taking exams on IntelliAssess agree to complete their assessments independently. Using unauthorized external aids, materials, secondary devices, or external search tools is prohibited.

2.2 Security Infringements: Users, instructors, and candidates agree not to perform the following actions:

• Intercepting, modifying, or spoofing payload calls between the client browser and IntelliAssess backend servers.
• Deploying automated scrapers, web spiders, or programmatic query scripts to extract assessments, test structures, or question databases.
• Attempting SQL injection, cross-site scripting (XSS), cross-origin forgery, or scanning the platform for vulnerabilities without our explicit, written authorization.

3. Proctoring & Environment Security Audit Systems

3.1 Active Monitoring: If proctoring options are enabled for an assessment, the browser will request webcam access and hardware device checks. By participating, you grant consent to collect and process:

• Webcam snapshots for continuous identity matching (via AWS Rekognition) against a startup enrollment selfie.
• Ambient audio levels and voice frequencies to detect background speakers.
• System event triggers, including tab focus switches, browser window resizes, and double screens.

3.2 Proctoring Spoofing: Refusal to provide camera/mic access, utilizing pre-recorded virtual cameras, using audio loopback software, or bypassing browser focus hooks will result in a security flag and potential invalidation of test sessions.

4. Subscription Plans, Stripe Payments, & AI Limits

4.1 Billing Cycle: Subscriptions are processed on a recurring basis via Stripe. Subscription packages run monthly or annually. Recurring charges are made automatically at the beginning of each billing period.

4.2 Token Constraints: Subscriptions allot standard AI tokens for generating tests and proctoring credits for media evaluations. When these monthly limits are reached, you must upgrade your tier or buy token top-ups to maintain functionality.

4.3 Non-Payment Limitations: In the event of subscription payment failure, accounts will be restricted to the Free Tier limits. Access to historical proctoring metrics and custom RAG document libraries may be locked until payment is resolved.

5. Bring Your Own Key (BYOK) Integration Policy

5.1 Key Ownership: Administrators may link personal API credentials (OpenAI, Groq, Gemini). Keys are stored using secure encryption protocols.

5.2 Liability for Charges: You maintain sole responsibility for costs, rates, limits, and usage charged by external AI vendors. IntelliAssess has no authority over and accepts no liability for third-party billing statements.

5.3 Rate and Token Failures: Should external AI APIs fail due to rate caps, key cancellation, or billing issues at the vendor level, IntelliAssess does not guarantee generation uptime.

6. Intellectual Property & Uploaded Source Content

6.1 Uploaded Materials (RAG): You retain full intellectual property rights to PDFs, text docs, and syllabus items uploaded to your course libraries. You grant us a restricted license to chunk, parse, and store this data in our vector databases (`pgvector`) solely to execute AI operations under your direct account context.

6.2 Generated Output: Assessments and rubric parameters generated using our platform are licensed to you for classroom, institutional, or corporate recruiting use.

6.3 Retrieval and Deletion: Upon document deletion or account closure, indexed vector chunks and text copies of uploaded materials will be deleted from active database nodes.

7. Generative AI Grading & Scoring Disclaimer

7.1 AI Limitations: Generated assessments and evaluations are produced by large language models. The Client acknowledges that AI outputs can occasionally exhibit hallucinations, bias, or scoring discrepancies.

7.2 Human Review Clause: The auto-grading feature acts as an assistant tools only. All final grading metrics, feedback reports, and scoring decisions must be reviewed and approved by human instructors. We accept no liability for academic scoring disputes or recruiting decisions resulting from unverified AI evaluations.

7.3 Proctoring Reports: System flag markers (e.g. face mismatch, suspicious gaze, ambient sound, tab switches) are advisory markers. Instructors must evaluate proctor logs and video/image context before finalizing disciplinary actions.

8. Warranty Disclaimers & Limits of Liability

8.1 Service Warranty: IntelliAssess is provided "as is" and "as available". We make no warranties, express or implied, regarding service uptime, absolute proctoring accuracy, or error-free grading.

8.2 Limitation of Damages: In no event shall IntelliAssess, its affiliates, directors, or service vendors be liable for any indirect, incidental, punitive, special, or consequential damages (including loss of profits, data, or reputation) arising out of the use of the platform.

8.3 Liability Cap: Our total aggregate liability under this Agreement shall not exceed the total amount paid by the Client to IntelliAssess during the three (3) month period immediately preceding the event giving rise to liability.

9. Indemnification

You agree to defend, indemnify, and hold harmless IntelliAssess and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of your breach of this Agreement, violation of candidate privacy rights, or intellectual property disputes concerning uploaded materials.

10. Account Suspension, Lockout, & Termination

10.1 Violation Lockout: We reserve the right to lock or suspend user accounts if security violations, reverse engineering, non-payment, or database attacks are detected.

10.2 Deletion Upon Closure: Upon termination of a Client account, all associated roster details, forms, scoring configurations, and proctoring histories will be flagged for systematic deletion.

11. Governing Law & Dispute Resolution

This Agreement shall be governed by, construed, and enforced in accordance with local laws, without reference to conflict of laws principles. Any legal actions or proceedings arising from this Agreement shall be brought exclusively in local courts of jurisdiction, and the parties consent to personal jurisdiction therein.

12. Amendments & Notifications

We reserve the right to amend these Terms at any time. Changes will be posted to this page and take effect immediately. Continued use of the platform after updates are published constitutes acceptance of the new terms.

Email: support@intelliassess.ai