Terms of Service

Welcome to ProctorEye! These Terms of Service ("Terms") govern your use of the ProctorEye Chrome extension and associated dashboard services (collectively, the "Service"), provided by ProctorEye, LLC ("ProctorEye," "we," "us," or "our"). These Terms apply to all users in the United States, including educational institutions, teachers, administrators, and students.

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Service.

1. Service Description

ProctorEye provides a classroom activity monitoring and test proctoring solution designed for educational institutions. The Service includes a Chrome extension for student devices and a dashboard for teachers and administrators to view activity and manage settings.

2. Eligibility and Account Registration

The Service is intended for use by educational institutions (schools, districts, etc.). The institution is responsible for obtaining any necessary consents, including parental consent for students under the age of 13, as required by laws like COPPA.

Individual users (teachers, administrators, students) will typically be provided access through their institution. You agree to provide accurate information when using the Service and to keep your account information secure.

3. Use of the Service

You agree to use the Service only for lawful, educational purposes and in accordance with these Terms and any agreement your institution has with ProctorEye.

• Educational Institutions and Staff: You are responsible for how the Service is implemented and used within your institution, including compliance with student privacy laws like FERPA and COPPA. You agree not to use the Service for any purpose that is illegal or prohibited by these Terms.
• Students: You agree to use the Service as directed by your school or teachers. You will not attempt to circumvent, disable, or otherwise interfere with the security or functionality of the Chrome extension or dashboard.

4. Acceptable Use Policy

You may not use the Service to:

• Violate any applicable local, state, national, or international law.
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• Transmit any material that is abusive, harassing, defamatory, obscene, fraudulent, or otherwise objectionable.
• Attempt to gain unauthorized access to our systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service.
• Collect or store personal data about other users without their express permission or as authorized by the educational institution.

5. Intellectual Property

The Service and its original content (excluding data provided by users or institutions), features, and functionality are and will remain the exclusive property of ProctorEye, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of the United States.

6. Data Privacy

Our collection and use of personal information in connection with the Service are described in our Privacy Policy.

7. Service Availability and Modifications

We strive to keep the Service operational. However, all online services suffer occasional disruptions and outages. ProctorEye is not liable for any disruption or loss you may suffer as a result. We may also modify, suspend, or discontinue the Service, or any part of it, with or without notice, at our discretion (though we will typically provide notice to institutions for significant changes).

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROCTOREYE, LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROCTOREYE, LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

OUR TOTAL LIABILITY TO YOU OR YOUR INSTITUTION FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE AMOUNT PAID BY YOUR INSTITUTION FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00) IF NO FEES WERE PAID.

10. Indemnification

You (or your institution, as applicable) agree to defend, indemnify, and hold harmless ProctorEye, LLC and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account; b) a breach of these Terms, or c) Content posted on the Service.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of [Your State, e.g., Delaware, California], United States, without regard to its conflict of law provisions.

12. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect (typically by notifying the contracting educational institution). What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

13. Contact Us

If you have any questions about these Terms, please contact us at:

ProctorEye, LLC
info@proctoreye.com