SMARTTEST TERMS OF SERVICE

Welcome to SmartTest!

SmartTest is an online platform that helps users easily upload exam papers, manage candidate lists, organize online exams, and share study materials. We offer both free and paid service packages to meet your various needs.

These Terms of Service ("Terms") govern your rights and obligations when accessing and using the SmartTest platform (hereinafter referred to as "SmartTest", "we", "our"). By accessing, registering an account, or using any SmartTest services, you are deemed to have read, understood, and agreed to be bound by these Terms. If you do not agree to any part of these Terms, please do not use SmartTest.

1. Changes to the Terms

We reserve the right to update or modify these Terms at any time without prior notice, depending on actual circumstances and legal requirements. Any changes will take effect immediately upon being posted on the SmartTest website. Your continued use of SmartTest after changes are posted means you accept the modified Terms. We encourage you to regularly check this page for updates.

2. User Accounts

2.1. Account Registration

To use SmartTest's features, you must register an account. By registering, you affirm that:

• You are of legal age as defined by Vietnamese law to enter into contracts and use our services.

• All information you provide (including name, email address, contact information, etc.) is accurate, complete, and truthful at the time of registration, and you will maintain its accuracy.

• You have the legal right to provide this information.

2.2. Account Security

You are solely responsible for maintaining the confidentiality of your login credentials. All activities under your account, whether authorized by you or not, are your responsibility. You agree to notify us immediately of any unauthorized use or other security breaches. SmartTest is not liable for any loss or damage resulting from your failure to comply with this rule.

3. SmartTest Services

SmartTest provides the following core services:

• Exam Upload and Management: Allows users to upload, create, edit, and manage test papers.

• Candidate Management: Helps create and manage candidate lists for exams.

• Online Exam Organization: Provides tools to schedule, create, and monitor online exams.

• Sharing Tests/Documents: Allows users to share tests or study materials within the system or via links.

• Service Packages: Includes free plans with basic features and paid plans with advanced functionalities.

We reserve the right to modify, suspend, or terminate any service at any time, with or without notice, and are not liable to you or any third party for doing so.

4. User Rights and Responsibilities

4.1. User Rights

• Use SmartTest services in accordance with these Terms and our other policies.

• Request technical support and assistance from SmartTest.

• Access and update your personal account information.

4.2. User Responsibilities

You agree not to engage in or facilitate any of the following while using SmartTest:

• Legal Violations: Using SmartTest for any illegal purpose or violating applicable laws of Vietnam.

• Prohibited Content: Uploading, sharing, or distributing content that:

  • Violates intellectual property rights of any third party.

  • Is defamatory, harassing, threatening, offensive, or discriminatory.

  • Is pornographic, violent, or promotes hatred.

  • Contains viruses, malware, spyware, or harmful code designed to disrupt software or devices.

  • Contains others’ personal data without consent.

• Fraud/Manipulation: Engaging in fraudulent exam behavior or manipulating results/features.

• Data Collection: Collecting/storing personal data of others without consent.

• System Interference: Unauthorized access or denial-of-service attacks.

• Fake Accounts/Spam: Creating fake accounts or sending spam.

• Impersonation: Impersonating individuals or organizations.

• Reproduction: Copying, selling, or commercially exploiting SmartTest without written permission.

SmartTest reserves the right to remove violating content or suspend/terminate user accounts without prior notice.

5. User-Generated Content

5.1. Content Ownership

You retain ownership of any content (e.g., tests, candidate lists, materials) you create, upload, or display on or through SmartTest ("Your Content").

5.2. Content License

By uploading Your Content to SmartTest, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to store, use, publicly display, copy, modify, adapt (e.g., for mobile display), publish, and distribute Your Content for the purpose of operating, improving, and delivering SmartTest services. This license remains while your content is on SmartTest and ends when you delete it (unless required to retain it legally).

5.3. Content Responsibility

You are fully responsible for Your Content. You represent and warrant that you have all necessary rights to upload it and that it does not infringe on any third-party rights. SmartTest does not monitor user-generated content and is not responsible for its accuracy, legality, or suitability.

6. Service Packages and Payment

6.1. Service Packages

SmartTest offers both free and paid plans with varying features and limits. Full details are provided on our website.

6.2. Pricing and Payment

• Prices for paid plans are listed on SmartTest and are subject to change. We will notify you in advance of any changes.

• You agree to pay all applicable fees according to the payment schedule.

• Payments are processed via secure third-party gateways. SmartTest does not store your credit card or sensitive payment information.

• See our refund policy for details on refunds and dispute resolution.

7. Intellectual Property

All intellectual property rights in SmartTest (except Your Content), including software, design, code, databases, logos, images, and text, belong to or are legally licensed to SmartTest. You may not copy, modify, reproduce, distribute, sell, or create derivative works without our written permission.

8. Disclaimer

• SMARTTEST IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

• WE DO NOT GUARANTEE THAT SMARTTEST WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

• WE ARE NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, OR RELIABILITY OF USER-GENERATED CONTENT. USE AT YOUR OWN RISK.

• ALL RISKS ARISING FROM THE USE OR INABILITY TO USE SMARTTEST ARE SOLELY YOUR RESPONSIBILITY.

9. Limitation of Liability

To the fullest extent permitted by law, SmartTest and its directors, employees, and partners are not liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses resulting from:

• Your use or inability to use SmartTest.

• Actions or content of third parties on SmartTest.

• Any content obtained from SmartTest.

• Unauthorized access, use, or alteration of your transmissions or content.

• Even if SmartTest has been advised of the possibility of such damages.

In any case, SmartTest’s total liability shall not exceed the amount you paid to SmartTest in the twelve (12) months preceding the claim (if any).

10. Indemnification

You agree to indemnify, defend, and hold harmless SmartTest, its directors, employees, partners, and agents from any claims, demands, liabilities, losses, damages, costs, or expenses (including reasonable attorney’s fees) arising from:

• Your violation of these Terms or applicable laws.

• Your Content.

• Your use or misuse of SmartTest.

• Your infringement of any third-party rights.

11. Termination of Account

We may suspend or terminate your account and/or access to SmartTest at any time, without notice or liability, for any reason, including serious violations of these Terms.

If you wish to terminate your account, please follow the instructions provided on SmartTest or contact our support team. Upon termination, your right to use SmartTest ends immediately. Terms regarding IP ownership, disclaimers, liability limitations, indemnification, and others that survive termination will remain effective.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Socialist Republic of Vietnam, excluding conflict of law provisions.

Any dispute arising from or related to these Terms or SmartTest will be resolved through good-faith negotiation. If not resolved within thirty (30) days, the dispute shall be submitted to a competent court in Vietnam.

13. General Terms

• Entire Agreement: These Terms, along with the Privacy Policy and other posted policies, constitute the entire agreement between you and SmartTest regarding the use of the platform.

• Severability: If any part of these Terms is found invalid by a competent court, the remaining parts will remain in full force.

• No Waiver: Our failure to enforce any right or provision does not constitute a waiver.

• Assignment: You may not transfer your rights without our prior written consent. We may freely assign these Terms.

14. Contact

If you have any questions about these Terms, please contact us at:

• Email: tex.co@gmail.com

• Address: 367 E16, Group 11, Dong Anh Town

Thank you for choosing SmartTest!

Effective Date: 02/07/2025