General terms and conditions of sale for the Examino application
Article 1 - Purpose
These general terms and conditions of sale (T&Cs) govern the contractual relationship between the company EXAMINO, hereinafter referred to as the "Publisher", and any natural or legal person, hereinafter referred to as the "Client", wishing to use the Examino solution accessible at app.examino.ai.
Article 2 - Service description
Examino is an online software solution providing assistance in grading exams via a web interface. The service is offered in the form of no-commitment monthly subscriptions, with various plans including a credit system.
Article 3 - Offers and pricing
3.1 General provisions
Examino offers are provided as monthly subscriptions with no minimum commitment duration. Each plan includes a defined number of monthly credits for grading exam papers. Credits are automatically refreshed at the beginning of each monthly period.
3.2 Free offer
Only one (1) account is permitted per natural person.
Monthly allocation of up to ten (10) grading credits.
Automatic renewal of credits on the account anniversary date.
The creation of multiple accounts by the same user is strictly prohibited. Any suspicion of bypassing this limitation by creating multiple accounts will result in the immediate and permanent suspension of the new account(s) created.
3.3 Paid offers
Details regarding paid plans are mentioned on the following page: https://examino.ai/fr/tarifs
3.4 Modification of offers
The Publisher reserves the right to modify the features and pricing of offers at any time. These modifications will not affect ongoing subscriptions until their renewal date.
3.5 Changing plans
The Client may upgrade their plan to a higher tier at any time. The change takes effect immediately, with a pro-rata calculation for the price difference for the current month. If downgrading to a lower tier, the change will take effect at the start of the following month, with no refund for the current month.
A plan is considered higher than another when its monthly price is higher.
3.6 Pricing conditions
Prices are expressed in Euros and include all taxes.
The VAT applied is that in force on the date of invoicing.
Billing is carried out monthly, on the subscription anniversary date.
Any month started is due in full.
Article 4 - Credit system
4.1 Credit allocation
Credits are automatically reloaded at a fixed date each month
For free plan users: on the account creation anniversary date.
For users with a paid plan: on the subscription anniversary date.
4.2 Use of credits
One credit allows for the grading of one paper.
In the event of a technical error during grading, credits will be re-credited to the user's account.
Unused credits are lost at the end of each monthly period.
No carry-over of credits from one month to the next is possible.
Article 5 - Duration and termination
5.1 Subscription duration
Examino subscriptions are concluded for a period of one (1) month.
Subscriptions have no minimum duration commitment.
The subscription period begins on the day of subscription for paid plans or the day of account creation for the free plan.
The monthly anniversary date corresponds to the initial subscription day
5.2 Renewal
The subscription is automatically renewed by tacit renewal at the end of each monthly period.
Credits not consumed during the monthly period are not carried over to the next period.
5.3 Termination by the Client
5.3.1 Termination procedures
Termination can be performed by the Client at any time.
The request must be made via the Client's personal space on the Examino platform.
If access to the platform is unavailable, termination may be requested by email to contact@examino.ai with a 5-business-day notice.
5.3.2 Effects of termination
Termination takes effect at the end of the current monthly period.
Access to the service is maintained until the end of the current monthly period.
Remaining credits may be used until the end of the monthly period.
No pro-rata refund will be issued.
5.4 Termination by the Publisher
5.4.1 Termination for breach
The Publisher may terminate the subscription, without notice or indemnity, in case of:
Non-compliance with these General Terms and Conditions of Sale and the General Terms of Use, for example:
Creation of multiple accounts under the free plan.
Fraudulent or abusive use of the service.
Payment failure not rectified within 8 days after formal notice.
Provision of erroneous or obsolete information.
5.4.2 Termination for legitimate reason
The Publisher may terminate the subscription with thirty (30) days' notice in the event of:
The discontinuation of the Examino service.
Substantial modification of the technical conditions for providing the service.
Force majeure extending beyond thirty (30) days.
5.5 Consequences of termination
Inability to access the service after the effective date of termination.
Permanent loss of unused credits.
End of reciprocal obligations, except where otherwise provided in the T&Cs.
Article 6 - Obligations of the parties
6.1 Publisher's obligations
6.1.1 Service availability
The Publisher undertakes to ensure availability of the Examino platform at a 95% rate on a monthly basis.
No specific Service Level Agreement (SLA) is proposed beyond this availability commitment.
Scheduled maintenance operations are excluded from the availability calculation.
The Publisher will inform users of scheduled maintenance operations within a reasonable timeframe.
6.1.2 Other obligations
Secure user data according to current standards.
Provide technical support to users.
Correct technical malfunctions within a reasonable timeframe.
Ensure regular data backups.
6.2 Client's obligations
Comply with these T&Cs.
Provide accurate information during registration.
Use the service in accordance with its intended purpose.
Article 7 - Intellectual property
The Publisher remains the owner of all intellectual property rights to studies, designs, models, prototypes, etc., created for the purpose of providing services to the Client. The Client is prohibited from any reproduction or exploitation of said items without the express authorization of the Publisher.
Article 8 - Protection of personal data
The Publisher undertakes to protect the Client's personal data in accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act.
Article 10 - Force majeure
The Publisher's liability cannot be invoked if the failure or delay in performing any of its obligations described in these T&Cs results from a case of force majeure.
Article 11 - Applicable law and competent jurisdiction
These T&Cs are subject to French law. In the event of a dispute, an amicable solution will be sought before any legal action. Failing this, French courts will have exclusive jurisdiction.
Article 12 - Modification of the T&Cs
The Publisher reserves the right to modify these T&Cs at any time. The new T&Cs will be applicable to any new subscription or renewal of the subscription.
Article 13 - Contact
For any questions regarding these T&Cs, the Client may contact the Publisher at the following address: contact@examino.ai
Last update date: December 23, 2024