Terms of Use
Last updated: 7 July 2026
1. Purpose
1.1 Scope of application and identification of the Publisher
These General Terms of Use (hereinafter the "Terms of Use") govern the use of the Examino application (hereinafter "the Application") published by EXAMINO, a société par actions simplifiée (SAS) 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 (RCS Paris) under number 989 510 375, represented by Mr Dimitri Nicolas, acting as President and holding the necessary powers (hereinafter "the Publisher").
1.2 Access and professional purpose
The Application is accessible via a smartphone, tablet or computer connected to the Internet. It is intended strictly for professional use in the context of teaching.
1.3 Acceptance of the Terms of Use
Any use of the Application implies the full and complete acceptance of these Terms of Use by the user. If the user does not accept these terms, they must refrain from using the Application.
2. Description of the service
2.1 Purpose of the Application
Examino is an application that assists with the marking of exam papers, intended for teachers and instructors at educational institutions, from primary to higher education, across all subjects.
2.2 Features
The main features of the Application include:
a) Importing the exam questions in PDF format or another format specified by the Publisher.
b) Scanning exam papers using the camera of the user's smartphone.
c) Configuring the marking scheme and the expected answers for each exam question.
d) The automated analysis and marking of the scanned papers.
e) The presentation of marking results, including marks, overall assessments and comments for each question.
2.3 Changes to features
The Publisher reserves the right to modify, add or remove features of the Application at any time, without notice and without incurring any liability.
3. Registration and access to the service
3.1 Use reserved for teaching professionals
Use of the Application is strictly reserved for teaching professionals. The Publisher reserves the right to request any supporting document proving the user's professional status.
3.2 Accuracy of information
When registering, the User undertakes to provide accurate, complete and up-to-date information. The User also undertakes to keep this information regularly updated.
3.3 Login credentials and account confidentiality
The User chooses a username and password allowing them to access the Application. The User is solely responsible for the confidentiality of this information and undertakes not to disclose it to third parties.
3.4 Refusal, suspension and deletion of accounts
The Publisher reserves the right to refuse a registration, or to suspend or delete a User's account in the event of:
a) Non-compliance with these Terms of Use
b) Provision of inaccurate information at registration
c) Prolonged inactivity of the account
d) Fraudulent or abusive use of the Application
Except in the case of a serious breach making continued access impossible (fraud, threat to the security of the Application or to other users' data, unlawful use), suspension or deletion is preceded by a reasoned notification inviting the User to remedy the breach within 8 days. In the event of prolonged inactivity, the User is notified at least 30 days before any deletion of the account.
3.5 Recovery of login credentials
If the User loses or forgets their login credentials, they may request their recovery through the procedure put in place by the Publisher.
4. Use of the Application
4.1 Use in accordance with the intended purpose
The User undertakes to use the Application in accordance with its intended purpose, namely assistance with the marking of exam papers in a professional teaching context.
4.2 User responsibilities
The User acknowledges being solely responsible for:
a) The preparation of exams and their content
b) The sitting of exams by students
c) The collection and storage of the physical papers
d) Vigilance regarding elements identifying students, under the conditions of article 5.4: the Publisher provides automatic redaction of imported papers, and the User reports any identifying element that may have escaped it
e) The verification and validation of the corrections proposed by the Application
4.3 Prohibited unlawful uses
The User undertakes not to use the Application for unlawful purposes, including:
a) Infringement of third-party intellectual property rights
b) The dissemination of defamatory or insulting content, or content infringing privacy
c) The promotion of illegal activities
d) Circumventing the Application's security systems
4.4 Prohibition of unauthorised access
The User undertakes not to attempt to access other users' data or the Publisher's systems.
4.5 The teacher's professional judgement
The User is informed that the Application does not replace their professional judgement and that they remain solely responsible for the final marks and assessments awarded to students.
4.6 Human supervision "Examino suggests, the teacher decides"
a) The corrections produced by the Application (marks, assessments, comments for each question) are suggestions intended to assist the User. No mark or assessment is awarded to a student in an exclusively automated manner within the meaning of Article 22 of the GDPR: the final decision always rests with the User.
b) The Application is designed to allow an effective human review: the User may consult, modify or reject each suggestion, question by question, before validating a correction. The User undertakes to carry out this review in a genuine manner and not in a systematically automatic way.
c) Results produced by artificial intelligence models may contain errors (omissions, misinterpretations, poorly calibrated assessments). The Application flags to the User the corrections whose estimated reliability is reduced; this flagging is an aid and does not exempt the User from the review provided for in b).
4a. Transparency regarding the use of artificial intelligence
a) The Application uses artificial intelligence systems (language and vision models provided by third-party providers) for the transcription and analysis of papers and the generation of suggested corrections. The User is informed of this in accordance with Article 50 of Regulation (EU) 2024/1689 (the "AI Act").
b) An AI transparency notice, describing the general operation of the system, its capabilities, its limitations and the human supervision measures, is made available to the User (How Examino uses artificial intelligence). The User is invited to bring it to the attention of their institution and, where applicable, of students and their legal guardians via the information notice in the institution kit (art. 5.2 b).
c) The AI model providers used contractually undertake not to use the content transmitted to them for the training of their models, and to retain it only for a limited period, solely for security and abuse-detection purposes, before deletion.
5. Confidentiality and data protection
5.1 Status of the parties under the GDPR
a) Where the User acts within the scope of their duties for an educational institution (or for the body or authority to which they report), that institution is the data controller for students' personal data, and the Publisher acts as a processor within the meaning of Article 28 of the GDPR, under the conditions of the Data Processing Agreement referred to in article 5.3.
b) Where the User acts on their own behalf (independent trainer, training organisation, private tutor), they are themselves the data controller, and the Publisher acts as the User's processor, under the conditions of the same Data Processing Agreement.
5.2 Authorisation from the institution
a) A User falling under case 5.1 a) declares and warrants that they act within the scope of their teaching duties and hold their institution's authorisation to use the Application, or undertakes to obtain that authorisation without delay from the first import of papers.
b) To this end, the Publisher provides them with an institution kit (pre-signed data processing agreement, information notice for students and legal guardians, record-of-processing sheet), which the User undertakes to forward to their head of institution or to the competent data protection officer.
c) The User shall inform the Publisher without delay if their institution refuses or withdraws its authorisation; use of the Application for the papers of students of that institution must then cease. The Publisher may request any proof of the authorisation.
5.3 Data Processing Agreement (DPA)
a) From the first import of papers, the Publisher undertakes to process students' personal data in accordance with the Data Processing Agreement annexed to these Terms of Use (the "DPA Annex"), entered into for the benefit of the data controller identified in article 5.1.
b) The DPA Annex specifies in particular: the subject matter, duration, nature and purpose of the processing, the categories of data and of data subjects, the security measures, the regime applicable to sub-processors (including AI model providers subject to a contractual obligation of non-training and limited retention), assistance to the data controller and the fate of the data at the end of the contract.
c) In the event of any contradiction between these Terms of Use and the DPA Annex regarding the processing of students' data, the DPA Annex shall prevail.
5.4 Pseudonymisation of papers, automatic redaction and User vigilance
a) The Publisher implements automatic redaction of imported papers: the student's name and the direct identification elements detected are masked upon import, and the redacted version is used for most of the processing by the artificial intelligence models. Operations that require the original paper - first and foremost the very detection of the elements to be masked - are limited to the minimum necessary. Whenever the nature of the paper allows it, the identifying character of the student's handwriting is also neutralised before analysis.
b) This redaction constitutes pseudonymisation within the meaning of the GDPR, not anonymisation: the User, who holds the physical papers and knows the students, remains able to re-identify them, and residual identifying elements may exceptionally remain.
c) The User retains a residual duty of vigilance. The User undertakes to:
import into the Application only documents falling within its intended purpose (exam questions, marking schemes and exam papers), to the exclusion of any other document containing personal data;
report to the Publisher without delay any element identifying a student that may have escaped the automatic redaction;
not themselves introduce elements identifying students into the free-text fields of the Application (paper titles, headings, comments), beyond what the paper identification feature requires.
d) The User warrants that they have obtained all the authorisations necessary for the use of the exam papers in the Application, in accordance with the applicable regulations and article 5.2.
5.5 Publisher's responsibility
a) Automatic redaction is a minimisation measure provided by the Publisher under the conditions and within the limits described in article 5.4; it does not exempt the User from their duty of vigilance. The Publisher shall not be held liable for a breach by the User of the obligations set out in article 5.4 c).
b) The Publisher undertakes not to attempt to re-identify students from the pseudonymised papers, beyond the paper identification feature provided to the User.
5.6 Data security
a) The Publisher undertakes to implement appropriate technical and organisational measures to ensure the security and confidentiality of the data stored in the Application.
b) These measures include, in particular, encryption of exchanges (TLS), regular backups, and the implementation of strict access controls.
5.7 Users' rights
a) In accordance with the applicable regulations, the User has a right of access, rectification, erasure and portability of their personal data.
b) These rights may be exercised by contacting the Publisher at contact@examino.ai.
6. Intellectual property
6.1 Ownership of the Application
a) The Application, its content, structure, interface, algorithms and all of its components are the exclusive property of the Publisher.
b) They are protected by intellectual property laws, including copyright, trademark law and patent law.
6.2 Licence to use
a) The Publisher grants the User a non-exclusive, personal and non-transferable licence to use the Application.
b) This licence is strictly limited to the use of the Application in accordance with its intended purpose and these Terms of Use.
6.3 Prohibitions
a) Any reproduction, representation, modification or exploitation of all or part of the Application without the express authorisation of the Publisher is strictly prohibited.
b) In particular, 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 questions, scanned papers).
b) The User grants the Publisher a non-exclusive licence to use this content for the sole purpose of providing the service: import, redaction, transcription, analysis, marking, storage and delivery of results.
c) Imported content is not used to train artificial intelligence models, neither by the Publisher nor by its model providers (contractual non-training obligation, art. 4a c). Improvement of the Application relies on technical data and aggregated metrics, and not on the reuse of papers for purposes other than the provision of the service.
7. Liability
7.1 Publisher's liability
a) "The Publisher endeavours, to the best of its ability, to ensure the accuracy and updating of the information" published, while reserving the right to correct the content 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 is liable for damage caused by a breach of its obligations, under the conditions of ordinary law. However, it is not liable for damage resulting from:
Final marking and assessment decisions, which are the sole responsibility of the User (art. 4.5 and 4.6), provided that the Application operated in accordance with its description;
The disclosure by the User of their login credentials;
Use of the Application not in accordance with its intended purpose or with these Terms of Use.
b) With regard solely to professional Users (legal entities, or natural persons acting in the course of their independent professional activity), the Publisher's liability is limited to direct and foreseeable damage and capped at the amount paid by the User over the last 12 months.
c) Nothing in these Terms of Use is intended to, or shall have the effect of, limiting or excluding the Publisher's liability towards a consumer User in the event of a breach of its legal or contractual obligations, or of setting aside the legal warranties from which the consumer benefits (in particular the legal warranty of conformity for digital services, art. L224-25-12 et seq. of the French Consumer Code, see Terms of Sale art. 9).
7.3 User's liability
a) The User is solely responsible for their use of the Application and for the consequences arising therefrom.
b) The User undertakes to indemnify the Publisher against any claim or legal action resulting from their breach of these Terms of Use.
7.4 Force majeure
The Publisher shall not be held liable for non-performance of the contract in the event of force majeure as defined by the case law of the French courts.
8. Amendments to the Terms of Use
8.1 Right to amend
The Publisher reserves the right to amend these Terms of Use at any time, in particular to adapt them to changes in the Application or in legislation.
8.2 Informing the User
The User will be informed of these amendments by any means the Publisher deems appropriate, in particular by e-mail or by notification within the Application.
8.3 Entry into force
The amended Terms of Use enter into force upon their publication online. Continued use of the Application after that date constitutes acceptance of the new Terms of Use.
8.4 Refusal of the amended Terms of Use
If the User does not accept the amended Terms of Use, 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 the event of non-compliance with these Terms of Use, under the conditions of article 3.4 (reasoned notification and 8-day period to remedy, except in the case of a serious breach).
b) For paid subscriptions, the financial consequences of termination are governed by article 8 of the Terms of Sale (refund of the unused period for the benefit of the consumer, except in the case of payment fraud).
9.2 Termination by the User
a) The User may stop using the Application at any time without notice.
b) The User 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, at their request or at the Publisher's initiative, within 30 days after termination, unless a legal retention obligation applies.
10. Governing law and jurisdiction
10.1 Governing law
These Terms of Use are governed by French law.
10.2 Amicable resolution and mediation
In the event of a dispute concerning the interpretation or performance of these Terms of Use, the parties will endeavour to find an amicable solution. A consumer User may have free recourse to the consumer mediator designated in article 13 of the Terms of Sale.
10.3 Jurisdiction
Failing an amicable agreement:
a) A consumer User may bring proceedings, at their choice, before one of the courts having territorial jurisdiction under the French Code of Civil Procedure, or before the court of the place where they resided at the time the contract was concluded or the harmful event occurred (French Consumer Code, art. R631-3); a consumer domiciled in another EU Member State may bring proceedings before the courts of their State of domicile (Brussels I bis Regulation). In any event, the consumer benefits from the mandatory provisions of the law of their country of habitual residence (Article 6 of the Rome I Regulation).
b) For disputes with professional Users, exclusive jurisdiction is granted to the courts within the jurisdiction of the Paris Court of Appeal, notwithstanding multiple defendants or third-party claims.
Annex: Personal Data Processing Agreement (DPA)
The Data Processing Agreement referred to in article 5.3 forms an integral part of these Terms of Use. It is provided to institutions in the institution kit and on request at etablissements@examino.ai.
By using the Examino Application, you acknowledge that you have read, understood and accepted these Terms of Use in their entirety.