Terms of Service

1. Definitions and Interpretation

In these Terms, unless the context otherwise requires, the following terms shall have the meanings ascribed to them:

• "Platform" means TestHub, a Computer-Based Test (CBT) platform, including all associated software, applications, websites, content, and services provided by the Company.
• "User" means any individual or entity that accesses, registers for, or uses the Platform, including but not limited to School Admins, School Teachers, School Students, Individual Students, and Platform Administrators.
• "School" means any educational institution that has registered an account on the Platform for the purpose of providing CBT services to its students.
• "School Admin" means the individual designated by a School to manage its account, including managing users, settings, and subscriptions.
• "School Teacher" means an individual employed by a School who is authorized to create tests and questions on the Platform.
• "School Student" means a student enrolled in a School who uses the Platform to take tests assigned by their School or teachers.
• "Individual Student" means a student who self-registers on the Platform for personal practice, independent of any School affiliation.
• "Content" means any data, text, images, questions, tests, answers, results, materials, information, or other content uploaded to, generated on, or transmitted through the Platform.
• "User Content" means Content that a User submits, posts, or otherwise makes available through the Platform.
• "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, moral rights, rights of publicity, and other intellectual property rights, whether registered or unregistered.

2. Acceptance of Terms

By using the Platform, you agree to these Terms. If you are using the Platform on behalf of a School or other entity, you represent and warrant that you have the authority to bind such entity to these Terms. If you do not have such authority, you must not use the Platform on behalf of such entity.

We reserve the right to update, modify, or revise these Terms at any time. We will notify Users of any material changes by posting the updated Terms on this page and updating the "Effective Date" at the top. Your continued use of the Platform after such changes constitutes your acceptance of the updated Terms.

3. User Accounts and Registration

To access certain features of the Platform, you must create a User account. When registering, you agree to provide accurate, complete, and current information about yourself or the School you represent. You are responsible for:

• Maintaining the confidentiality of your login credentials, including your username and password
• All activities that occur under your account
• Immediately notifying us of any unauthorized use of your account or any other breach of security
• Ensuring that your account information remains accurate and up to date

We reserve the right to suspend or terminate accounts that violate these Terms, are inactive for an extended period, or are found to be fraudulent or unauthorized. We also reserve the right to refuse registration or to cancel accounts at our sole discretion.

4. User Roles and Permissions

The Platform supports the following User roles, each with specific permissions and limitations:

• School Admin: Has full administrative control over the School's account, including managing Users, Classes, Arms, Teachers, Students, Subscriptions, and Platform settings.
• School Teacher: Has permission to create tests, create questions, and view student performance data for the subjects and classes to which they are assigned.
• School Student: Has permission to take tests assigned by their School or Teachers and view their own test results and performance data.
• Individual Student: Has permission to take practice tests from the General Question Bank and view their own performance data.
• Platform Admin: Has full administrative control over the entire Platform, including managing Schools, Users, and Platform settings.

5. Content Ownership and Intellectual Property

5.1. Platform Content

The Platform, including its design, structure, organization, code, graphics, logos, text, and other materials, is the exclusive property of Technox Solutions Ltd and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, reproduce, distribute, or create derivative works from any part of the Platform without our prior written consent.

5.2. User Content

• General Question Bank: Questions and content in the General Question Bank are owned by Technox Solutions Ltd and are licensed to Schools and Users for educational use on the Platform.
• School Question Bank: Questions and content created by Schools and stored in their School Question Bank are the exclusive property of the respective School. Schools may export, delete, or manage their School Question Bank at any time.
• Student Data: Student names, test results, and performance data are owned by the respective School or the Student, as applicable.

5.3. License Grant

By submitting or uploading User Content to the Platform, you grant Technox Solutions Ltd a non-exclusive, worldwide, royalty-free, fully paid-up, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content solely for the purpose of operating, providing, and improving the Platform. This license does not grant Technox Solutions Ltd ownership of your User Content.

5.4. Feedback

Any feedback, suggestions, or ideas you provide regarding the Platform ("Feedback") shall be the exclusive property of Technox Solutions Ltd. We may use, modify, and incorporate such Feedback into the Platform without any obligation to compensate you.

6. Subscriptions and Payments

6.1. Subscription Plans

Schools may subscribe to the Platform on a per-term basis. The available subscription plans are:

• Basic Plan: Access to the General Question Bank only. Schools cannot create or store custom questions.
• Standard Plan: Access to the General Question Bank and the School Question Bank, with a limit of 1,000 custom questions.
• Premium Plan: Access to the General Question Bank and the School Question Bank with unlimited custom questions.

6.2. Fees and Payment Terms

• Subscription fees are billed per term and are due in advance
• All fees are non-refundable, except as expressly provided in these Terms
• Upgrades to higher plans are prorated based on the remaining days in the current term
• Downgrades are not permitted mid-term; Schools may downgrade at the end of the current term
• Payments are processed through Flutterwave, a third-party payment processor
• We do not store credit card details; all payment information is processed by our payment processor

6.3. Late Payment and Suspension

If your payment is late or fails, we may suspend or terminate your access to the Platform until payment is received. We will make reasonable efforts to notify you of any impending suspension or termination.

7. User Obligations and Conduct

By using the Platform, you agree to:

• Comply with all applicable laws and regulations
• Use the Platform in a manner that does not infringe the rights of others
• Respect the privacy and personal information of other Users
• Maintain the security of your account and credentials
• Notify us immediately of any security breach or unauthorized use of your account

You agree NOT to:

• Use the Platform for any unlawful or fraudulent purpose
• Share your login credentials with any unauthorized person
• Attempt to gain unauthorized access to the Platform, other Users' accounts, or our systems
• Upload or transmit any malicious code, viruses, or harmful software
• Harass, threaten, abuse, or intimidate any other User
• Post or transmit any unlawful, defamatory, obscene, or offensive content
• Interfere with or disrupt the integrity or performance of the Platform
• Circumvent any security or access controls implemented on the Platform
• Use the Platform for any commercial purpose without our prior written consent
• Reverse engineer, decompile, or disassemble any part of the Platform

8. Data Protection and Privacy

We are committed to protecting your privacy and personal information. Our collection, use, processing, and disclosure of personal information are governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Platform, you consent to our collection and use of your personal information as described in the Privacy Policy.

You are responsible for obtaining any necessary consents from third parties, including but not limited to students, parents, or employees, for the collection and processing of their personal information on the Platform.

9. Content and Data Retention

Upon termination of your account, we will delete your data within a reasonable timeframe, subject to the following exceptions:

• Data required to comply with legal obligations
• Data required to enforce our rights or defend legal claims
• Anonymized and aggregated data for analytical purposes
• Data that has been transferred to other Users (e.g., test results shared with Schools)

Schools may export their data (including School Question Bank, student records, and test results) at any time using the export functionality provided on the Platform.

10. Termination and Suspension

10.1. Termination by User

You may terminate your account at any time by contacting us or by using the account deletion feature on the Platform. Upon termination, your access to the Platform will be immediately revoked.

10.2. Termination by Us

We may suspend or terminate your account at any time, with or without cause, including but not limited to:

• Violation of these Terms
• Non-payment of subscription fees
• Fraudulent or illegal activity
• Abuse of the Platform or its Users
• Extended periods of inactivity
• As required by law

10.3. Effect of Termination

Upon termination, your right to access and use the Platform will cease immediately. We will delete your data as described in Section 9, and you will not be entitled to any refund of subscription fees, except as required by law.

11. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS
• THANY CONTENT OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE OR RELIABLE
• THAT DEFECTS WILL BE CORRECTED

YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR USE OF THE PLATFORM AND ANY CONTENT OBTAINED THEREFROM.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TECHNIX SOLUTIONS LTD SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, OR DATA
• LOSS OF GOODWILL OR BUSINESS REPUTATION
• BUSINESS INTERRUPTION
• FAILURE TO MEET YOUR REQUIREMENTS
• UNAUTHORIZED ACCESS TO OR LOSS OF YOUR DATA

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless Technox Solutions Ltd, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and costs) arising out of or relating to:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your infringement of any third-party rights
• Any User Content you submit or transmit through the Platform

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of the Federal Republic of Nigeria.

The parties expressly waive any objection to the jurisdiction of Nigerian courts, including any objection based on forum non conveniens or lack of personal jurisdiction.

15. Dispute Resolution

In the event of any dispute arising out of or relating to these Terms, the parties shall first attempt to resolve the dispute amicably through good-faith negotiations.

15.1. Mediation

If the dispute cannot be resolved through negotiations, the parties shall submit the dispute to mediation administered by the Lagos Multi-Door Courthouse (LMDC) or another mutually agreed mediation institution. The mediation shall be conducted in Lagos, Nigeria, and the language of the mediation shall be English.

15.2. Arbitration

If the dispute cannot be resolved through mediation, the parties shall submit the dispute to binding arbitration in accordance with the Arbitration and Conciliation Act, Cap. A18, Laws of the Federation of Nigeria, 2004. The arbitration shall be conducted in Lagos, Nigeria, by a single arbitrator mutually agreed by the parties. The language of the arbitration shall be English.

16. Third-Party Services

The Platform integrates with the following third-party services:

• Flutterwave: For payment processing. Your use of Flutterwave is subject to Flutterwave's terms of service and privacy policy.
• AWS (Amazon Web Services): For cloud storage and hosting. AWS is a third-party service provider and is subject to its own terms and conditions.
• Google Analytics: For analytics (future implementation).

We do not control and are not responsible for the practices of third-party service providers. Your use of third-party services is at your own risk and subject to the terms and conditions of such services.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Technox Solutions Ltd regarding your use of the Platform and supersede all prior agreements, understandings, and communications, whether written or oral, regarding the subject matter.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable.

19. Waiver

No waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of Technox Solutions Ltd. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

20. Assignment

You may not assign or transfer these Terms or any of your rights and obligations hereunder without our prior written consent. We may assign or transfer these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, or sale of assets.

21. Notices

Any notices required or permitted under these Terms shall be in writing and shall be deemed given when:

• Delivered by hand
• Sent by registered mail, postage prepaid, to the address provided by you
• Sent by email to the email address associated with your account

22. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to any event beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, civil unrest, strikes, lockouts, pandemics, epidemics, natural disasters, fire, flood, earthquakes, telecommunications failures, or government actions.

23. Contact Us

If you have any questions, concerns, or complaints regarding these Terms, please contact us at:

Technox Solutions Ltd
Email: support@eduhub.com
Website: technoxsolutions.net
Phone: [Insert Phone Number]

We will investigate and respond to all inquiries in a timely and professional manner.