Terms of Service

1. Products covered

These Terms of Service (the "Terms") set out your rights and obligations when you use the SmartTest products (together, "SmartTest"; the provider is referred to as "we" or "us"):

By visiting the website, registering an account, or installing or using any of the products above, you confirm that you have read and agree to these Terms and to the Privacy Policy. If you do not agree, please do not use SmartTest.

2. Accounts

SmartTest Online requires an account. SmartTest Offline requires a one-time registration at installation to receive an activation code. Paid editions of SmartTest Exam require a license key. When you register, you confirm that:

• You have the legal capacity under the laws of Vietnam to enter into a contract, or you have permission to use SmartTest from your parent, guardian or school.
• The information you provide (full name, organization, email, phone number) is accurate, and you will keep it up to date.

You are responsible for keeping your password and license key confidential. Tell us immediately if you find that your account or license key is being used without permission.

3. Software license

This section applies to SmartTest Offline and SmartTest Exam.

3.1. Scope

We grant you a non-exclusive, non-transferable right to install and use the software according to the edition (free or paid) and the number of computers stated in your license. The software is licensed, not sold, and the source code is not included.

3.2. Activation

• SmartTest Offline: on first installation, you enter your full name, organization, email and phone number to receive an activation code. The software generates a request code from computer information (computer name, operating system version, Windows user name, Windows identifier) so that the activation code works only on that computer.
• SmartTest Exam: paid editions are activated with a license key and tied to the computer running SmartTest Server through a machine ID. The machine ID is generated randomly at installation, combined with the computer name and hashed one-way (SHA-256). Computers without Internet access can be activated with a license file (.lic) downloaded from your account on the website. You can transfer the license to another computer or deactivate it from within the software.

3.3. Restrictions

You may not reverse engineer, crack or remove the license mechanism, share your license key with another organization, or sell or sublicense the software without our written consent. We may revoke any license that is cracked, shared without permission or used outside its scope.

4. Internet connection and automatic updates

SmartTest Offline and SmartTest Exam work with your data without the Internet: creating and shuffling exams, running exams over the LAN, grading and printing reports all run on your computers. The software needs the Internet only in the following cases:

• Registration, activation and license checks at installation and at each start. If the computer is offline at that moment, the software still works normally.
• Automatic updates. At each start, the software checks smarttest.vn for a new version and downloads it in the background. It then asks whether you want to restart and install now; if you choose later, the new version is installed when you close the software or the next time you open it. SmartTest Exam does not install a new version while candidates are taking an exam. Updates fix bugs, patch security issues and add features; downloading an update does not send any of your data.
• Technical data (SmartTest Exam only): usage data and error reports that help us fix bugs. You can turn this off.
• System components: if Microsoft WebView2 is missing, SmartTest Exam downloads the WebView2 installer from Microsoft.

What is sent in each connection is listed in Privacy Policy, section 4. If you block the Internet completely, you can still use the software, but you will not receive automatic updates. For SmartTest Exam, you activate with a .lic file.

5. Acceptable use

You may use SmartTest according to your plan and registered license, and you are entitled to technical support. You agree not to:

• Use SmartTest for any purpose that is unlawful under the laws of Vietnam.
• Post or share content that infringes the intellectual property rights of others; content that is misleading, defamatory, harassing or discriminatory; pornographic or violent content, or content that incites hatred; or malicious code.
• Put other people's personal information on SmartTest without their consent or another legal basis.
• Cheat in exams or tamper with exam results.
• Gain unauthorized access, overload the system, launch denial-of-service attacks or otherwise disrupt the system.
• Create fake accounts, send spam, or impersonate another person or organization.
• Copy, resell or commercially exploit any part of SmartTest without our written consent.

For SmartTest Online, we may remove infringing content and suspend or terminate accounts that break these rules.

6. Your data

6.1. Ownership

You keep full ownership of the exams, questions, materials, candidate lists, answer sheets, scores and any other content you create, enter or upload to SmartTest ("Your Data").

You may use the content that AI features generate at your request in any way you choose. Because of how AI works, similar content may be generated for other users.

6.2. We do not sell your data

We do not sell, rent or trade Your Data or your personal information with any party, for any purpose. We do not give exams or questions you create or upload to other users, unless you share them or make them public yourself.

6.3. Software installed on your computers

• SmartTest Offline stores question banks in a folder you choose and stores settings in %AppData%\SmartTest on your computer. The software has no function to upload question banks or exams to our servers.
• SmartTest Exam stores exams, candidate lists, answer sheets, files and audio recordings submitted by candidates, and scores on the computer running SmartTest Server, in C:\ProgramData\SmartTest\data. Candidate computers send answers only to SmartTest Server on your organization's local network.
• We have no access to your computers. We do not keep copies of the data on your computers, so you need to make your own backups.

6.4. SmartTest Online

You allow us to store, back up, display and process Your Data on SmartTest Online (for example, converting formats for display on phones, grading, and handling your AI requests) only to provide the service to you and to the people you share with. This permission is non-exclusive, may not be transferred or sublicensed to anyone else for exploitation, and ends when you delete the data. Backups are deleted on a rolling schedule, and data that the law requires us to keep is retained for the period the law requires.

6.5. Your responsibilities

You confirm that you have the necessary rights to Your Data. When you enter candidate information, you or your organization are responsible for having a legal basis to process it.

How we collect and protect personal information is described in detail in the Privacy Policy.

6.6. Certificates and verification pages

• Certificates are issued by you or your organization, which is responsible for their content and for issuing, reissuing and revoking them. SmartTest only provides the tools, stores the certificates and shows the verification page on your behalf.
• Certificates on SmartTest are certificates issued by the organization itself, not academic degrees. Certificates regulated by the State (those of the national education system, occupational safety and health training certificates, professional practice certificates and the like) may be issued only by an authorized organization, on the prescribed form. You may use SmartTest to print the details onto that form; the document's legal value still rests on the form, the signature, the seal and your register, and you are responsible for not printing anything the form does not allow (such as a QR code).
• When public verification is on, the verification page shows the holder's name and what the certificate prints to anyone with the code. You are responsible for informing candidates and, when a candidate is a child, for obtaining the consent of a parent or guardian as personal data law requires. You can turn public verification off for each exam subject and each Excel batch.
• Certificates issued with a QR code stay verifiable after you change or end your plan, unless you turn public verification off or delete the candidate's data.

7. Plans and payment

• Plans, software licenses and prices are published on the website. Price changes are announced in advance and do not apply to plans or licenses you have already paid for.
• Payment is made by bank transfer or through a payment partner. We do not store your card details or banking passwords.
• Refund conditions and the complaints process are set out in the Refund and Complaints Policy.

We may change or discontinue a feature. For services you have paid for, we will give advance notice and handle the matter under the refund policy. Installed software can still open and export the data you have saved.

8. Intellectual property

The software, source code, design, logos, databases and content of SmartTest (excluding Your Data) belong to us or are lawfully licensed to us. See the Copyright and Disclaimer Policy for details.

9. Disclaimer and limitation of liability

• SmartTest is provided "as is". We work to keep the service stable but do not guarantee that it will always be uninterrupted or error-free. Service interruptions are handled under Section 10.
• We are not responsible for the accuracy of content created by users or generated by AI. You should check it before use.
• To the extent permitted by law, we are not liable for indirect losses such as lost profits, loss of data on your computers or loss of reputation. Our total liability does not exceed the amount you paid in the 12 months before the event giving rise to the claim.
• You agree to compensate us for losses arising from your breach of these Terms, the law or the rights of third parties.

10. Service interruptions

SmartTest Online runs on infrastructure provided by third parties. This section explains when the service may be interrupted, for how long, and how we handle it.

10.1. Planned maintenance

• We post a notice on the website at least 24 hours before any maintenance that interrupts the service, with the start time and expected duration.
• Maintenance takes place between 22:00 and 06:00 (Vietnam time), lasts no more than 4 hours each time, and avoids exams scheduled on SmartTest Online as far as we are able.

10.2. Incidents and emergency maintenance

When a serious fault or a security vulnerability needs immediate action, we may suspend the service without notice. We restore the service as soon as possible and explain the cause once it is fixed.

10.3. Third-party interruptions and force majeure

The service may be interrupted by events outside our control, including failures of:

• Server, data center and storage providers.
• Domain registrars, domain name (DNS) services and security certificates (SSL), including a domain being suspended under the rules of the domain authority.
• Telecom carriers, domestic and international Internet links (including undersea cable faults), and power supply.
• Banks and payment reconciliation services, email services and AI model providers.
• Natural disasters, fire, epidemics, large-scale cyberattacks, decisions of competent state authorities and other force majeure events under Vietnamese law.

How long these take to fix depends on the third party. We post status updates on the website, or by email to your registered address when the website cannot be reached, work with the provider to restore the service, and switch to a fallback where possible. To the extent permitted by law, we do not compensate losses caused by these interruptions, other than extending your plan under Section 10.4.

10.4. Plan extension

If SmartTest Online is interrupted continuously for more than 24 hours, whether caused by us or by a third party (excluding maintenance announced under Section 10.1), we extend your active paid plan by the length of the interruption, rounded up to whole days. Contact us within 30 days after the service is restored to claim the extension. Extended time cannot be exchanged for money; any refund is handled under the Refund and Complaints Policy.

10.5. Exams and installed software

• An interruption of SmartTest Online does not affect SmartTest Offline or SmartTest Exam: both keep running on your computers and on your organization's LAN. During the interruption you only cannot activate new licenses or receive updates.
• For important exams held on SmartTest Online, prepare a fallback (a reserve exam slot, a printed paper, or SmartTest Exam on your LAN). If an exam is interrupted, the organizer decides whether to extend the time or hold the exam again.

11. Termination

We may suspend or terminate your account or license if you seriously breach these Terms. You may ask us to delete your account at any time and may export your SmartTest Online data before deletion. Data on your computers always remains under your control.

Section 6 (Your data), Section 8 and Section 9 remain in effect after termination.

12. Changes to these Terms

We may update these Terms. A new version takes effect when it is posted on this page, with its effective date at the top. If you continue to use SmartTest after that, you accept the new version. Later changes will not reduce the commitments in Section 6 for data you created or provided before the change.

13. Governing law

These Terms are governed by the laws of Vietnam. Disputes are first resolved through negotiation. If a dispute is not resolved within 30 days, either party may bring it before the competent courts of Vietnam. If any provision is held invalid, the remaining provisions stay in effect. Where a separate contract with your organization (if any) provides otherwise, that contract takes precedence on those points.