Effective and last updated . The ground rules for using examina.io to create, administer, and take online assessments.
examina.io provides tools for organizations to build and deliver assessments. Organizations are responsible for their exams, examinees, notices, and decisions; Ratelsoft is responsible for operating the platform. Please read the full terms below because this summary does not replace them.
These Terms of Service (the “Terms”) are a binding agreement between Ratelsoft Inc. (“Ratelsoft,” “we,” “us,” or “our”) and the person or organization that accesses or uses examina.io, including its websites, applications, application programming interfaces, embedded exam clients, and related services (collectively, the “Service”).
By creating an account, checking the acceptance box, signing an order, or using the Service, you agree to these Terms and acknowledge our Privacy Policy. If you use the Service for an organization, “you” includes that organization and you confirm you can bind it.
A signed order form, enterprise agreement, or data processing agreement may add to these Terms. If it expressly conflicts with these Terms, the signed document controls for that conflict.
Account holders must be old enough to form a binding contract where they live and, when acting for an organization, must have authority to do so. Examinees, including students or minors, may access an assessment only when invited or authorized by the organization administering it.
For schools, employers, and other customers: you are responsible for determining whether an assessment is appropriate and lawful, providing required notices, obtaining any necessary consent or parental authorization, and offering accommodations or alternatives required by law.
You must provide accurate registration and billing information, keep it current, protect passwords, passcodes, API credentials, and login links, and promptly tell us about suspected unauthorized access. You are responsible for activity under your account except to the extent caused by our breach of these Terms.
Account credentials are personal to the assigned user and may not be shared. You must configure user roles and permissions appropriately, remove access when it is no longer needed, and use the Service only through supported interfaces.
You may use the Service only for lawful assessment, training, recruitment, certification, scholarship, and related administrative purposes. You must not:
We may investigate suspected misuse and cooperate with lawful requests from competent authorities.
“Customer Content” means information submitted to the Service by or for you, such as questions, media, examinee records, rosters, responses, scores, reports, branding, and instructions. As between you and Ratelsoft, you retain your rights in Customer Content.
You give us a worldwide, non-exclusive, limited licence to host, copy, transmit, display, process, back up, and otherwise use Customer Content only as reasonably necessary to provide, secure, support, and improve the Service, comply with law, and enforce these Terms.
You represent that you have all rights and lawful authority needed to submit and instruct us to process Customer Content. For examinee information that you control, you determine the purpose and essential means of processing and Ratelsoft generally acts as your service provider or processor. Our Privacy Policy explains these roles in more detail.
You—not Ratelsoft—create assessment content, set rules and scoring, select examinees, appoint proctors, decide accommodations, review results, and make education, employment, certification, or other decisions. The Service supports those processes but does not guarantee that an assessment is valid, fair, accessible, cheat-proof, or suitable for a particular decision.
If enabled by the organization, live proctoring may transmit an examinee’s camera, microphone, screen-related status, connection status, and session events to authorized proctors. Live proctoring does not currently include recording. A future or separately contracted recording feature may be used only after the organization provides appropriate notice and the Service clearly identifies the recording and retention terms.
Biometric identity verification is optional and requires organization activation plus a separate candidate notice and consent flow. The Service discloses the processing region, purpose, retention period, and available non-biometric alternative. The customer remains responsible for its legal obligations, and identity results must not be treated as infallible or used without appropriate human review.
When you enable an LMS integration, you authorize examina.io to exchange Customer Content and launch context with that LMS as needed for the services you select. This may include course, context, resource-link, role, and platform-user identifiers; an optional NRPS course roster; and, when AGS is enabled, assessment scores and status sent to the matching LMS gradebook line item.
You are responsible for configuring the integration and its permissions, selecting the assessments and courses to connect, giving instructors and learners all required notices, and verifying returned scores and gradebook mappings. Your institution and LMS remain responsible for the authoritative gradebook and education records. You must not enable roster or grade services unless you have the rights and lawful authority to direct that exchange.
You can stop future transfers by suspending, revoking, or disconnecting the integration. Disconnection does not recall information already delivered to either service and does not remove records that must be retained under your instructions, agreement, or applicable law. Availability and supported capabilities may differ by LMS and environment and will be identified in the Service or an applicable order.
You may use source-backed AI authoring only with text, images, and other material you have the right and lawful authority to submit, adapt, and process. The Service retrieves sections and visual assets from selected sources, generates draft candidates, may reuse a selected source image or create a new visual based on the same concept, supplies evidence references, performs deterministic checks, and checks for duplicates within the open paper. It does not automatically insert or publish a question or visual.
AI output, including generated visuals and accessibility descriptions, can be inaccurate, incomplete, biased, unsuitable, or similar to existing material despite these controls. You are responsible for reviewing and editing every candidate, checking its cited evidence, answer, visual, alt text, and rights basis, and deciding whether it is appropriate and accessible for your assessment. Ratelsoft does not claim ownership of your source material or the rights you retain in inserted questions, but output may not be unique and intellectual-property laws may affect whether particular output can be protected or used.
Plans may include a monthly organization-wide allowance. Only valid, source-backed candidates that reach Review count against that allowance. A question that reuses a source image uses the standard question unit; a question with a newly generated visual uses the published number of question units. Once the allowance is used, the applicable amount is reserved from and deducted from your normal prepaid balance; unused reservations are returned, and generation fails before processing if available funds are insufficient. Every plan may add funds through Billing. Current allowances, unit multipliers, prices, currencies, and minimum top-up amounts are shown on the Plans and Billing pages and may change prospectively as described in these Terms.
Plan features, limits, currency, billing interval, and price are those shown at checkout or in your order. Usage-based or prepaid services may be deducted when an eligible assessment attempt, source-backed AI question, or add-on is used. You must pay applicable fees and taxes using an accepted payment method.
Subscriptions renew for the interval shown at purchase until cancelled, unless your order says otherwise. Cancellation takes effect at the end of the then-current paid period. Fees are non-refundable except where an order, our published refund terms, or applicable law requires otherwise. We will give notice of material price changes as required by law before they affect a renewal.
Plan limits and retention periods may differ. Current plan details are available on the Plans page. We may restrict new usage when limits are reached and may suspend paid features when payment is overdue.
Ratelsoft and its licensors own the Service, software, designs, documentation, trademarks, and related intellectual property, excluding Customer Content. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription or authorized access.
If you provide suggestions or feedback, you allow us to use them without restriction or payment, provided we do not identify you publicly without permission.
The Service may interoperate with services such as Google Workspace, payment processors, identity providers, communications providers, or customer systems. Your use of a third-party service is governed by its own terms and privacy practices. We are not responsible for a third party’s service, content, or independent acts, but we remain responsible for our obligations when we engage a provider to process information for us.
You authorize us to exchange Customer Content with an integration when you or an authorized user enables it. You can stop future exchange by disconnecting the integration, subject to data already transferred.
We work to keep the Service secure and available, but maintenance, network conditions, third-party services, emergencies, and other events may cause interruptions. We may modify the Service to improve it, address security or legal requirements, or discontinue a feature. We will provide reasonable notice when a material discontinuation would significantly reduce a paid Service, where practicable.
Preview, trial, and beta features may be changed or withdrawn and may have additional conditions. They are provided for evaluation and should not be used for high-stakes processing unless we expressly confirm production readiness in writing.
You may stop using the Service at any time and account administrators may request account closure. We may suspend or terminate access if you materially breach these Terms, create a security or legal risk, fail to pay undisputed fees, or use the Service in a way that could harm Ratelsoft, the Service, or another person. When reasonably possible, we will give notice and an opportunity to cure.
After termination, your right to use the Service ends. Customer Content is retained or deleted according to the applicable plan, order, legal requirements, and our Privacy Policy. You are responsible for exporting information you need before access ends. Sections that by their nature should survive termination—including payment, ownership, disclaimers, liability, indemnity, and general terms—will survive.
To the maximum extent permitted by law, the Service is provided “as is” and “as available.” Ratelsoft disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing. We do not warrant uninterrupted or error-free operation, that every attempted misuse will be detected, or that an assessment or identity result will be accurate for every person or purpose.
Nothing in these Terms excludes a warranty, condition, or right that applicable law does not allow the parties to exclude.
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, goodwill, or data, arising from the Service, even if advised that such loss was possible.
To the maximum extent permitted by law, each party’s total aggregate liability arising out of the Service or these Terms will not exceed the fees paid or payable by you for the Service during the 12 months before the event giving rise to the claim. If you use only a free Service, Ratelsoft’s aggregate liability will not exceed CAD $100.
These limits do not apply to payment obligations; misuse of the other party’s intellectual property; a party’s fraud, wilful misconduct, or gross negligence; your indemnity obligations; or liability that cannot lawfully be limited.
You will defend and indemnify Ratelsoft and its officers, directors, employees, and affiliates from third-party claims, damages, and reasonable costs arising from Customer Content, your unlawful or unauthorized use of the Service, your assessment or employment/education decisions, or your breach of Sections 2, 4, 5, or 6. We will promptly notify you of a covered claim, allow you to control its defence and settlement, and provide reasonable cooperation. You may not settle a claim in a way that admits fault by or imposes an obligation on Ratelsoft without our written consent.
These Terms are governed by the laws of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law rules. The courts of Ontario will have exclusive jurisdiction, except that either party may seek urgent injunctive relief in any court with jurisdiction. Applicable consumer-protection rights remain unaffected.
We may send operational or legal notices to the email associated with your account or display them in the Service. We may update these Terms from time to time. We will post the revised date and provide additional notice before a material change takes effect when required by law. Continued use after the effective date means you accept the updated Terms; if you do not agree, you must stop using the Service.
You may not assign these Terms without our written consent, except with a permitted transfer of substantially all relevant business assets. We may assign them in connection with a merger, reorganization, or sale of our business. A failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will continue.
These Terms and applicable orders are the entire agreement about the Service and replace prior discussions on that subject. Neither party is liable for delay caused by events beyond its reasonable control, except for payment obligations.
Questions about these Terms can be sent to:
