Terms of Service

1. Who we are

TestFit is a test-preparation and learning platform operated by StudyFit Inc., a Delaware corporation (“TestFit”, “we”, “us”).

These Terms govern your use of the TestFit platform at testfit.app and prep.testfit.app (the “Service”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. How accounts work

TestFit is provided to schools, tutoring centres, and other educational organizations (“Organizations”). Individual accounts are not sold directly to students or families.

Accounts are created in one of two ways: an administrator at your Organization creates one for you, or you register through an invitation link issued by your Organization. Every account belongs to exactly one Organization.

This means that if you are a student or a teacher, your Organization decides that you may use TestFit, what you can see, and how long your account remains active. Questions about your account, your data, or your Organization’s use of TestFit should go to your Organization first.

3. Signing in with Google

You may sign in using your Google Account. When you do, we receive your name, email address, profile picture, and Google account identifier, and we use them only to create and authenticate your TestFit account. We do not request access to your Gmail, Drive, Calendar, Contacts, or any other Google service.

Our handling of information received from Google is described in the Privacy Policy, which forms part of these Terms. You can disconnect TestFit from your Google Account at any time at myaccount.google.com/permissions; doing so may prevent you from signing in until you set another sign-in method with your Organization.

4. Who may use TestFit

You may use the Service only if your Organization has authorized you to do so.

Because our users include school students, Organizations are responsible for confirming that they have the authority to enrol each student and have given any notice or obtained any consent that their own policies and applicable law require, including from a parent or guardian where that applies. Section 8 sets this out as a commitment your Organization makes to us.

If you are under the age of majority where you live, you should review these Terms with a parent, guardian, or teacher.

5. Acceptable use

Use TestFit for studying, teaching, and administering assessments. Do not:

• share your account or password, or use anyone else’s account;
• copy, download, scrape, republish, or redistribute questions, passages, or other materials from the Service outside your Organization’s own instructional use;
• use the Service to cheat on, or help anyone else cheat on, any assessment;
• upload material that is unlawful, or that you do not have the right to upload;
• attempt to access data belonging to another user or another Organization;
• probe, disrupt, or attempt to circumvent the security of the Service, or use it to build a competing product.

We may suspend or remove access for a serious or repeated breach of this section. Where the breach concerns a student or teacher, we will normally raise it with the Organization rather than act directly.

6. Content

Your Organization’s content. Material your Organization uploads or creates on TestFit remains your Organization’s. Your Organization grants us the licence we need to host it, display it to authorized users, and process it so the Service works — which includes converting documents to structured questions, extracting text from scans, and applying subject tags.

We do not make an Organization’s library available to other Organizations, unless that Organization deliberately chooses to share it.

Student work. Essays, answers, and other work a student submits belong to the student, subject to the Organization’s own policies. We use it to run the Service — marking it, scoring it, reporting on it to the student’s teachers, and producing progress reports.

Our content. Questions, passages, tests, taxonomies, and other materials TestFit provides remain ours or our licensors’. You may use them within the Service for teaching and study. You may not extract them for use elsewhere.

Feedback. If you send us suggestions, we may use them without obligation to you.

7. Automated processing

Parts of the Service use automated tools, including third-party AI services, to do specific content and marking tasks: reading text from uploaded documents, tagging questions against a skills taxonomy, generating practice variants of existing questions, and — where an Organization enables them — preparing draft scores and draft comments on student work.

Drafts are drafts. Scores and comments produced this way are reviewed by a teacher or coach before they count for anything, and a teacher can always override them. We do not guarantee that any automated output is accurate, and we do not guarantee any particular score, result, or outcome from using TestFit.

8. Your Organization’s commitments

If you are entering into these Terms on behalf of an Organization, your Organization confirms that it:

• has the authority to enrol its users on TestFit and to authorize us to process their information for that purpose, and has given any notice and obtained any consent its own policies and applicable law require;
• holds the rights necessary to upload the material it uploads, and to allow us to host and process it as described in section 6;
• will keep its administrator accounts secure and promptly remove users who should no longer have access.

Your Organization will indemnify us against third-party claims arising from material it uploads without the necessary rights, or from its failure to obtain a consent or give a notice described above.

9. Availability

We aim to keep TestFit available and working, but we do not promise uninterrupted service. We may change, suspend, or discontinue features, and we carry out maintenance that occasionally makes the Service unavailable. Where we can give advance notice of a significant change, we will.

10. Ending access

Your Organization can close your account at any time. We may suspend or terminate access if these Terms are breached, if we are required to by law, or if an Organization’s agreement with us ends.

What happens to data on termination is set out in the Privacy Policy and, for Organizations, in any separate written agreement with us.

11. Disclaimers

The Service is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

TestFit is a study and assessment tool. It is not affiliated with, endorsed by, or sponsored by the College Board, ACT, Inc., or any other testing organization, and any test names used on the Service are the trademarks of their respective owners and are used only to identify the exams the material relates to.

12. Limitation of liability

To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data.

Our total liability arising out of or relating to the Service will not exceed the greater of (a) the amount the relevant Organization paid us for the Service in the twelve months before the claim arose, or (b) one hundred US dollars.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

13. Changes to these Terms

We may update these Terms. If a change is material, we will give notice through the Service or by email before it takes effect. Continuing to use the Service after a change takes effect means you accept the updated Terms. The date at the top shows when these Terms were last updated.

14. Governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The courts located in Delaware will have exclusive jurisdiction, and you and we consent to their jurisdiction.

Where an Organization has a separate signed agreement with us, that agreement governs to the extent it conflicts with these Terms.

15. Contact

StudyFit Inc.
[email protected]