General Terms of Use for the Examino application

1. Purpose

1.1. These General Terms of Use (hereinafter "GTU") govern the use of the Examino application (hereinafter "the Application") published by EXAMINO, a simplified joint-stock company with a share capital of €1000, whose registered office is located at 49 RUE DE PONTHIEU 75008 PARIS, registered with the Paris Trade and Companies Register under number 989 510 375, represented by Mr. Dimitri Nicolas acting and having the necessary powers as president, (hereinafter "the Publisher").

1.2. The Application is accessible via smartphone, tablet, or computer connected to the Internet. It is intended for strictly professional use in the context of teaching.

1.3. Any use of the Application implies full and complete acceptance of these GTU by the user. If the user does not accept these conditions, they must refrain from using the Application.

2. Service description

2.1. Examino is an application for assisting with the grading of exam papers, intended for teachers and instructors at educational institutions, from primary school to higher education, across all disciplines.

2.2. The main features of the Application include:

a) Importing the exam subject in PDF format or another format specified by the Publisher.

b) Scanning exam papers via the user's smartphone camera.

c) Configuring the grading scale and expected answers for each exam question.

d) Automated analysis and grading of scanned papers.

e) Presentation of grading results, including grades, overall assessments, and comments per question.

2.3. The Publisher reserves the right to modify, add, or remove features from the Application at any time, without notice and without incurring liability.

3. Registration and access to the service

3.1. The use of the Application is strictly reserved for teaching professionals. The Publisher reserves the right to request any proof of the user's professional status.

3.2. Upon registration, the User agrees to provide accurate, complete, and up-to-date information. They also agree to update it regularly.

3.3. The User chooses a username and password that will allow them to access the Application. They are solely responsible for the confidentiality of this information and agree not to disclose it to third parties.

3.4. The Publisher reserves the right to refuse registration, suspend, or delete a User's account, unilaterally and without prior notification, in the event of:

a) Non-compliance with these GTU

b) Provision of erroneous information during registration

c) Prolonged account inactivity

d) Fraudulent or abusive use of the Application

3.5. In case of loss or forgetting of credentials, the User may request their recovery via the procedure implemented by the Publisher.

4. Use of the Application

4.1. The User agrees to use the Application in accordance with its intended purpose, namely to assist with the grading of exam papers in a professional teaching setting.

4.2. The User acknowledges being solely responsible for:

a) The preparation of exams and their content

b) The taking of exams by students

c) The collection and storage of physical copies

d) The anonymization of copies before their import into the Application

e) The verification and validation of the corrections proposed by the Application

4.3. The User agrees not to use the Application for illicit purposes, including:

a) Violation of the intellectual property rights of third parties

b) Dissemination of defamatory, insulting, or privacy-infringing content

c) Promotion of illegal activities

d) Bypassing the Application's security systems

4.4. The User agrees not to attempt to access the data of other users or the Publisher's systems.

4.5. The User is informed that the Application does not replace their professional judgment and that they remain solely responsible for the grades and final assessments assigned to students.

5. Confidentiality and data protection

5.1. Protection of student data:

a) The User is solely responsible for protecting students' personal data when using the Application.

b) They formally agree to anonymize any copy before importing or scanning it into the Application, in particular by masking the student's name and any other direct identification element.

c) The User guarantees to have obtained all necessary authorizations for the use of exam papers in the Application, in accordance with applicable regulations.

5.2. Liability of the Publisher:

a) The Publisher shall in no case be held liable for a breach by the User of their obligation of confidentiality and anonymization of copies.

b) The Publisher agrees not to attempt to re-identify students from anonymized copies.

5.3. Data security:

a) The Publisher agrees to implement appropriate technical and organizational measures to ensure the security and confidentiality of data stored in the Application.

b) These measures include encryption of data, regular backups, and the implementation of strict access controls.

5.4. User rights:

a) In accordance with applicable regulations, the User has the right to access, rectify, erase, and request the portability of their personal data.

b) These rights can be exercised by contacting the Publisher at the address contact@examino.ai.

6. Intellectual property

6.1. Ownership of the Application:

a) The Application, its content, its structure, its interface, its algorithms, and all elements composing it are the exclusive property of the Publisher.

b) They are protected by laws related to intellectual property, including copyright, trademark law, and patent law.

6.2. License of use:

a) The Publisher grants the User a non-exclusive, personal, and non-transferable license to use the Application.

b) This license is strictly limited to the use of the Application in accordance with its purpose and these GTU.

6.3. Prohibitions:

a) Any reproduction, representation, modification, or exploitation of all or part of the Application without the express authorization of the Publisher is strictly prohibited.

b) It is prohibited to: - Copy or download all or part of the Application - Modify, adapt, or create derivative works from the Application - Decompile, disassemble, or attempt to access the source code of the Application - Use robots or other automated means to access the Application

6.4. User-generated content:

a) The User remains the owner of the content they import into the Application (exam subjects, scanned copies).

b) They grant the Publisher a non-exclusive license to use this content solely for the purpose of providing the service and improving the Application.

7. Liability

7.1. Liability of the Publisher:

a) The Publisher strives to ensure to the best of its ability the accuracy and updating of the information disseminated on the Application, which it reserves the right to correct at any time and without notice.

b) The Publisher cannot, however, guarantee the accuracy, completeness, or timeliness of the information made available on the Application.

7.2. Limitation of liability:

a) The Publisher can in no case be held liable for direct or indirect damages resulting from the use of the Application, including: - Errors or omissions in the corrections proposed by the Application - Decisions made by the User based on the results provided by the Application - Consequences of the disclosure by the User of their login credentials - Damages caused to the User's IT equipment

b) The liability of the Publisher, if it were to be engaged, is expressly limited to the amount paid by the User for the use of the Application during the last 12 months.

7.3. Liability of the User:

a) The User is solely responsible for their use of the Application and the consequences resulting from it.

b) They agree to indemnify the Publisher against any claim or legal action resulting from their violation of these GTU.

7.4. Force majeure: The Publisher cannot be held liable for the non-performance of the contract in the event of force majeure as defined by the case law of French courts and tribunals.

8. Modifications of the GTU

8.1. The Publisher reserves the right to modify these GTU at any time, in particular to adapt them to developments in the Application or to changes in legislation.

8.2. The User will be informed of these modifications by any means that the Publisher deems appropriate, in particular by email or by notification in the Application.

8.3. The modified GTU will enter into force as soon as they are published online. Continued use of the Application after this date constitutes acceptance of the new GTU.

8.4. If the User does not accept the modified GTU, they must stop using the Application.

9. Termination

9.1. Termination by the Publisher:

a) The Publisher reserves the right to terminate the User's access to the Application in case of non-compliance with these GTU.

b) This termination may occur without notice or compensation.

9.2. Termination by the User:

a) The User may stop using the Application at any time without notice.

b) They may request the deletion of their account by contacting the Publisher's customer service.

9.3. Consequences of termination:

a) In the event of termination, the User immediately loses access to the Application.

b) The User's data is deleted within 30 days after termination, unless there is a legal obligation to retain it.

10. Governing law and jurisdiction

10.1. These GTU are subject to French law.

10.2. In the event of a dispute relating to the interpretation or execution of these GTU, the parties will strive to find an amicable solution.

10.3. In the absence of an amicable agreement, any dispute will be under the exclusive jurisdiction of the French courts of Paris, notwithstanding plurality of defendants or third-party claims.

By using the Examino Application, you acknowledge that you have read, understood, and accepted these General Terms of Use in their entirety.

Date of last update: October 16, 2024