These Terms contain an agreement to arbitrate all claims, waive class actions, and waive jury trials; disclaimers; and limitations of liability. Please read these terms carefully.
You may be referred to herein as “you”, “your”, and “End User”.
Rosalyn, Inc. is referred to herein as “Rosalyn”.
The individual or organization that is administering your examination is referred to herein as the “Test Provider”. The Test Provider may be your school, university, an individual professor, or another examiner. The Test Provider is ultimately in control of, and solely responsible for, any actions taken with respect to you and your exam, including but not limited to, the assessment of any penalty, the grading or evaluation of your exam, or any other management or control of your exams and grades.
The “Human Proctor” is the human designated by the Test Provider that shall oversee your exam and may take actions with respect to you and your behavior during the exam. Such actions may include, but are not limited to, sending messages to you during the exam, pausing and resuming the exam while you rectify an alert situation, ejecting you from the exam, or otherwise proctoring or monitoring your taking of an exam.
You may use the Service solely for your own internal, personal, non-commercial use, and only in a manner that complies with all applicable laws. You shall not allow any third-party to use the Service on your behalf. Rosalyn expressly reserves all rights in the Service and any underlying software, platforms or other technologies not expressly granted to you in these Terms. You agree not to attempt to disassemble, decompile, or otherwise reverse engineer the Service or any portion thereof.
Rosalyn reserves the right to refuse, suspend, or cancel any exam or any exam results, in its sole discretion. You agree that Test Providers shall be solely responsible for the content of any exam, any results thereof, and any determination or action taken due to information provided by the Service.
Depending on your current carrier plan, you may incur charges for e-mail and agree you will not hold, nor participate in any action which seeks to hold, Rosalyn liable for any charges incurred. We shall have no liability for transmission delays or message failures.
You will be unable to opt-out of receiving certain communications that are strictly necessary for your use of the Service, such as e-mails related to your exams. You may opt-out of receiving other communications by following the unsubscribe options provided therein.
You acknowledge that any terms between you and any third-party provider create no obligation or responsibility on the part of Rosalyn, and that Rosalyn is not responsible for any failure of warranty by any such third party.
You hereby grant to Rosalyn an irrevocable, worldwide, perpetual, transferable, sublicensable right to process, copy, make derivatives from, and otherwise use the Data for the purposes of making the Services operable, and to improve upon and develop the Services and related features. You agree that Rosalyn may share Data with third parties for the purposes of making the Service operable and to improve the Service. You further agree that Rosalyn may use the Data to train Rosalyn’s artificial intelligence algorithms, subject to your aforementioned consent.
Upon the detection of suspicious activity, Rosalyn will alert the Test Provider’s Human Proctor for further action.
Issues with Exams. The Test Provider shall be solely responsible for any issues or questions related to or arising from examinations, including but not limited to issues relating to exam content, grading, and detections of suspicious activity.
Agreement to Arbitrate; Waiver of Class Action. If you are located in the United States, you agree to resolve disputes only on an individual basis, through arbitration pursuant to the provision of Exhibit A. The parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or opposes to act in a representative capacity.