Welcome to Assess App

Thank you for choosing Assess App, a product of Elumina eLearning Pty Ltd. These Terms of Service (“Terms”) govern your use of Assess App and any associated services provided by Elumina eLearning Pty Ltd (“we,” “us,” “our”).
By using Assess App, you agree to these Terms. Please read them carefully.

1. Acceptance of Terms

By accessing or using Assess App, you agree to comply with and be bound by these Terms, our Privacy Policy, and any other policies or guidelines we provide.

2. Description of Service

Assess App is a digital assessment platform that provides AI-powered features for test development, delivery, and marking. The service includes various modules to facilitate online authoring, delivery and marking of assessments for educational institutions and other entities.

3. Account Registration

To use Assess App, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4. User Responsibilities

You are responsible for all activities that occur under your account. You agree to:
• Maintain the security of your account.
• Notify us immediately of any unauthorised use of your account.
• Comply with all applicable laws and regulations.

5. Prohibited Activities

You agree not to:
• Use Assess App for any illegal or unauthorized purpose.
• Interfere with or disrupt the integrity or performance of Assess App.
• Attempt to gain unauthorized access to Assess App or its related systems or networks.
• Use any automated system to access Assess App in a manner that sends more request messages to our servers than a human can reasonably produce in the same period.

6. Intellectual Property

Assess App and all materials therein, including but not limited to software, content, designs, text, graphics, images, video, information, and other files, and their selection and arrangement are the property of Elumina eLearning Pty Ltd. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of Assess App without our express written permission.

7. Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy. The Privacy Policy is part of these Terms, and by agreeing to these Terms, you agree to the Privacy Policy.

8. Subscription and Fees

Assess App may offer various subscription plans. By selecting a subscription plan, you agree to pay the subscription fees and any applicable taxes. We may change the subscription fees from time to time. Any change in fees will become effective at the end of the then-current billing cycle.

9. Cancellation and Termination

You may cancel your subscription at any time. Upon cancellation, your access to Assess App will terminate at the end of the current billing period. You are still responsible for paying any outstanding fees as per the installment plan for the current billing period. We reserve the right to suspend or terminate your account if you violate these Terms.

10. Disclaimer of Warranties

Assess App is provided “as is” and “as available” without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

To the fullest extent permitted by applicable law, Elumina eLearning Pty Ltd shall not be liable for any damages of any kind arising out of or in connection with your use or inability to use Assess App, including but not limited to any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, use, goodwill, or other intangible losses, regardless of whether such damages were foreseeable or whether Elumina eLearning Pty Ltd has been advised of the possibility of such damages. This limitation of liability applies to all claims, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Elumina eLearning Pty Ltd has been advised of the possibility of such damages.

12. Indemnification

You agree to indemnify, defend, and hold harmless Elumina eLearning Pty Ltd, its affiliates, officers, directors, employees, consultants, and agents from any and all claims, liabilities, damages, and/or costs (including but not limited to legal fees) arising from any and all scenarios, including but not limited to:
• Your use of Assess App.
• Your violation of these Terms.
• Your violation of any rights of a third party.

13. Modifications to Service

We reserve the right to modify or discontinue, temporarily or permanently, Assess App or any features or portions thereof without prior notice. You agree that Elumina eLearning Pty Ltd will not be liable for any modification, suspension, or discontinuance of Assess App or any part thereof.

14. Data Ownership and Privacy

You retain ownership of the data you submit to Assess App. We do not own, control, or license your data except as provided in these Terms and our Privacy Policy. You are responsible for ensuring that your use of Assess App complies with all applicable laws and regulations regarding data privacy and protection.

15. Third-Party Services

Assess App may integrate with third-party services. We do not control these third-party services and are not responsible for their content or practices. Your use of third-party services is at your own risk and subject to the terms and conditions of those services.

16. Amendments to Terms

We may amend these Terms from time to time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website. Your continued use of Assess App after the effective date of the amended Terms constitutes your acceptance of the amended Terms.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

18. API Usage

If you use our API, you agree to the following additional terms:

a. API License
Elumina eLearning Pty Ltd grants you a limited, non-exclusive, non-transferable, revocable license to use the API solely to access and use Assess App in accordance with these Terms.

b. API Usage Limits
We may impose limits on the usage of the API, including but not limited to the number of API calls you are permitted to make. You agree to comply with these limits and not to circumvent them in any way.

c. API Deprecation
Elumina eLearning Pty Ltd may discontinue or deprecate the API or any API feature with reasonable notice. We will use reasonable efforts to continue supporting the deprecated API or feature for a reasonable period to allow you to transition to the new or replacement API.

d. API Restrictions
You agree not to:
• Use the API in any manner that could damage, disable, overburden, or impair Assess App.
• Use the API for any purpose that is illegal or unauthorized.
• Redistribute, sell, lease, license, sublicense, or otherwise make the API available to any third party.
• Use the API to create a competing product or service.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Elumina eLearning Pty Ltd is headquartered, without regard to its conflict of law principles.

Contact Information

If you have any questions about these Terms, please contact us at:
Elumina eLearning Pty Ltd

Email: helpdesk@eluminaelearning.com.au
Phone: 1300 313 368

By using Assess App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.