Terms of Service

1. Agreement to these Terms

These Terms of Service (“Terms”) form a legally binding agreement between you and Assessmate (“Assessmate”, “we”, “us”, or “our”) governing access to and use of:

Our marketing and informational websites (including assess-mate.com)
Our assessment platform, products, APIs, applications, and related online services
Professional services, demos, pilots, and other offerings we make available

(collectively, the “Services”).

By accessing or using the Services, creating an account, executing an order form, or clicking to accept these Terms, you agree to be bound by them. If you use the Services on behalf of an organisation, you represent that you have authority to bind that organisation, and “you” includes that organisation.

If you do not agree, do not use the Services.

Enterprise / customer contracts. If you and Assessmate have a signed master services agreement, order form, statement of work, data processing agreement, or similar written contract (a “Customer Agreement”), that Customer Agreement controls to the extent of any conflict with these Terms for the paid or contracted Services it covers. These Terms still apply to the public website and to any use not covered by a Customer Agreement.

Your use of the Services is also subject to our Privacy Policy. Additional product-specific terms, acceptable-use rules, or documentation may apply and are incorporated when referenced in an order form or in-product notice.

3. Eligibility and accounts

You must be legally capable of entering a binding contract and at least the age of majority in your jurisdiction (and in any event not younger than 16 for account registration, unless a Customer Agreement and applicable law permit supervised organisational use).
You must provide accurate registration information and keep it up to date.
You are responsible for all activity under your credentials and for maintaining the confidentiality of passwords and access tokens.
Organisational administrators are responsible for managing seats, roles, and access for their users.
We may suspend or terminate accounts that violate these Terms, pose a security risk, or remain inactive as described in a Customer Agreement.

Notify us promptly at support@assess-mate.com of any unauthorised use of your account.

4. The Services

Assessmate provides assessment and learning infrastructure for training organisations and related users. Features may include assessment authoring and delivery, analytics and competency reporting, APIs, exam-preparation tooling, and professional services such as programme design and enablement.

We may modify, add, or discontinue features with reasonable notice where practicable. We do not guarantee that any particular feature will remain available indefinitely, except as expressly committed in a Customer Agreement.

Beta / pilot features. We may offer pre-release or pilot functionality labelled as beta, preview, or similar. Such features are provided as is, may be unstable, and may be withdrawn at any time.

5. Customer content and licences

“Customer Content” means data, files, text, media, item banks, assessments, submissions, scores, reports, and other materials submitted to or generated in the Services by you or your users (excluding Assessmate’s underlying platform, models we provide as product features under our IP, and aggregated/de-identified insights).

You retain ownership of Customer Content, subject to the licences below and third-party rights.
You grant Assessmate a worldwide, non-exclusive licence to host, process, transmit, display, and otherwise use Customer Content solely to provide, secure, maintain, and improve the Services, and as otherwise instructed by you or permitted in a Customer Agreement.
You represent that you have all rights and lawful bases needed to submit Customer Content (including personal data of learners, applicants, candidates, or employees) and that Customer Content does not infringe others’ rights or violate law.
You are responsible for configuring retention, access controls, and exports appropriate to your compliance needs.

Upon termination, we will delete or return Customer Content as described in the applicable Customer Agreement and our Privacy Policy, subject to legal retention requirements and residual backup cycles.

6. Acceptable use

You must not, and must not allow others to:

Use the Services unlawfully, or to violate others’ privacy, intellectual-property, or other rights
Upload malware, or attempt to gain unauthorised access to systems, accounts, or data
Probe, scan, or test the vulnerability of the Services except with our prior written consent
Interfere with or disrupt the integrity or performance of the Services
Reverse engineer, decompile, or attempt to extract source code except to the extent this restriction is prohibited by law
Resell, sublicense, or provide the Services to third parties except as expressly permitted in a Customer Agreement (for example authorised partner programmes)
Misrepresent scores, credentials, or assessment outcomes, or use the Services to facilitate academic or professional dishonesty in violation of applicable institutional rules or law
Use the Services to process regulated special-category data or children’s data unless you have a lawful basis and any required agreements/safeguards are in place
Scrape or harvest data from the Services by automated means except via documented APIs under a valid licence and rate limits
Send spam or unsolicited communications through the Services

We may investigate violations and suspend access where reasonably necessary to protect the Services, other customers, or third parties.

7. Assessments and high-stakes decisions

Assessmate provides tools to design, deliver, and analyse assessments. You (and your organisation) remain solely responsible for:

The pedagogical, professional, or employment decisions you make using outputs from the Services
Ensuring assessment design, scoring rules, and cut-scores are appropriate and lawful for your use case
Providing required notices to examinees and obtaining consents where needed
Compliance with education, employment, examination, accessibility, and anti-discrimination laws applicable to you

Outputs may include AI-assisted or automated scoring and analytics. Such outputs can contain errors. Do not rely on them as the sole basis for irreversible high-stakes decisions without appropriate human review.

8. Intellectual property

Assessmate and its licensors own all right, title, and interest in the Services, including software, documentation, branding, templates we supply as product features, and aggregated/de-identified statistical insights that do not identify you or your users.
These Terms do not transfer Assessmate IP to you. We grant you a limited, non-exclusive, non-transferable right to access and use the Services during your subscription or engagement, solely for your internal business purposes (or as otherwise stated in a Customer Agreement).
Feedback you provide may be used by Assessmate without obligation to you.

9. Third-party services

The Services may interoperate with third-party products (identity providers, cloud hosting, calendaring, payment processors, app stores). Your use of third-party services is subject to their terms. Assessmate is not responsible for third-party services we do not control.

10. Fees, trials, and taxes

Fees, usage limits, and payment terms for paid Services are set out in the applicable order form, checkout flow, or Customer Agreement.
Unless stated otherwise, fees are non-refundable except where required by law or expressly agreed in writing.
You are responsible for applicable taxes, excluding taxes based on Assessmate’s net income.
We may suspend Services for non-payment after notice as described in the Customer Agreement.
Free trials or freemium features, if offered, may be modified or withdrawn; product signup terms on platform surfaces may apply in addition to these Terms.

Public marketing pages do not constitute a binding price quote. Commercial terms for organisational engagements are confirmed in writing.

11. Confidentiality

Each party may receive non-public information from the other (“Confidential Information”). The receiving party will use Confidential Information only to perform under these Terms or a Customer Agreement, protect it with reasonable care, and not disclose it to third parties except to personnel and providers with a need to know under confidentiality obligations, or as required by law (with notice where legally permitted). Customer Content is your Confidential Information. Assessmate’s non-public product, security, and pricing information is our Confidential Information.

12. Privacy and data protection

Our processing of personal data is described in the Privacy Policy. Where we process personal data on your behalf as a processor, the parties will enter into a DPA upon request or as required by law / Customer Agreement. You must not configure the Services in a way that causes Assessmate to process personal data unlawfully.

13. Warranties and disclaimers

Your warranties. You warrant that you will use the Services in compliance with these Terms and applicable law, and that Customer Content and your instructions are lawful.

Disclaimer. Except as expressly stated in a Customer Agreement, the Services and all content on the website are provided “as is” and “as available”. To the maximum extent permitted by law, Assessmate disclaims all warranties, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, title, non-infringement, and accuracy of assessment or analytics outputs. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components.

14. Limitation of liability

To the maximum extent permitted by law:

Assessmate will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages.
Assessmate’s total aggregate liability arising out of or related to the Services or these Terms in any twelve-month period will not exceed the amounts paid by you to Assessmate for the Services giving rise to the claim during that period (or, if none, one hundred pounds sterling / equivalent).

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited under applicable law.

15. Indemnity

You will defend, indemnify, and hold harmless Assessmate and its officers, directors, employees, and agents from and against claims, damages, losses, and expenses (including reasonable legal fees) arising out of: (a) Customer Content; (b) your use of the Services in violation of these Terms or law; (c) decisions you make based on assessment outputs; or (d) disputes between you and your learners, applicants, candidates, employees, or end customers — except to the extent caused by Assessmate’s wilful misconduct.

16. Suspension and termination

You may stop using the website at any time. Subscription or service termination is governed by the Customer Agreement or account cancellation flow.
We may suspend or terminate access immediately if you materially breach these Terms, if required by law, or to address security risk.
Provisions that by their nature should survive (including IP, confidentiality, disclaimers, limitations, indemnity, and governing law) will survive termination.

17. Changes to the Services or Terms

We may update these Terms periodically. The “Last updated” date will change when we do. For material changes, we will provide notice via the website, product notice, or email where appropriate. Continued use after the effective date constitutes acceptance, except where a Customer Agreement requires a different change process.

18. Governing law and disputes

Unless a Customer Agreement specifies otherwise:

These Terms are governed by the laws of England and Wales, without regard to conflict-of-law rules.
The courts of England and Wales have exclusive jurisdiction over disputes arising from these Terms, except that Assessmate may seek injunctive or equivalent relief in any jurisdiction to protect its IP or Confidential Information.

If you are a consumer entitled to mandatory local protections that cannot be waived, those protections apply to the extent required.

19. Export and sanctions

You must not use the Services in violation of applicable export control or sanctions laws, and you represent that you are not prohibited from receiving the Services under such laws.

20. General

Entire agreement. These Terms (plus the Privacy Policy and any Customer Agreement) are the entire agreement regarding the Services and supersede conflicting prior or contemporaneous terms for website use.
Severability. If a provision is unenforceable, the remainder remains in effect.
Assignment. You may not assign these Terms without our consent; we may assign them in connection with a corporate transaction.
No waiver. Failure to enforce a provision is not a waiver.
Force majeure. Neither party is liable for delays caused by events beyond reasonable control.
Notices. Legal notices to Assessmate must be sent to hello@assess-mate.com with a copy to any address in your Customer Agreement. We may notify you via the account email or site banner.

21. Contact

Assessmate
Email: hello@assess-mate.com
Sales: sales@assess-mate.com
Support: support@assess-mate.com
Web: assess-mate.com/contact