Third Party Index

Snapshot 28168

Document
Terms
URL
https://octoproctor.com/policies/terms-of-service
Fetched
HTTP status
200
Content type
text/html; charset=utf-8
Fetch mode
static
Size
86491 bytes
SHA-256 (raw)
0e3de5e26e0daba21870d8b0adc59608c0cfcea7d7c1e689f8eb042eac22695c
SHA-256 (normalized text)
1bd4126d370b8580829a7013d6dbf55639455e41cc603b2f102684068e6e40a0

Normalized text

Scripts and page chrome removed; this is what change detection compares.

We value your privacy
Consent
Details
About cookies
This website uses cookies
The cookies on this website are used to personalize content and ads, provide social media features, and analyze traffic. We also share information about your use of the website with our social media, advertising, and web analytics partners, who may combine it with other information you have provided to them or that they have collected from your use of their services. Privacy policy
Necessary
Necessary cookies are required to enable the basic features of this site, such as providing secure log-in or adjusting your consent preferences. These cookies do not store any personally identifiable data.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics such as the number of visitors, bounce rate, traffic source, etc.
Performance
Performance cookies are used to understand and analyse the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Advertisement
Advertisement cookies are used to provide visitors with customised advertisements based on the pages you visited previously and to analyse the effectiveness of the ad campaigns.
In short: We may use cookies and other tracking technologies to collect and store your information.
We may use cookies and similar tracking technologies (like web beacons and pixels) to gather information when you interact with our website. Some online tracking technologies help us maintain the security of our website, prevent crashes, fix bugs, save your preferences, and assist with basic site functions.
Accept allCustomizeReject all
Solutions
Solutions
AI proctoring
Auto proctoring
Live proctoring
All solutions
Features
Features
AI cheating detection
Participation monitoring
Lockdown alternative
Geo-specific cloud
SCORM player
All features
Industries
Industries
Alcohol server exams
Drone license
Entrance exams
Corporate certification
HR training
Pre-employment
Professional certification
Higher education
Language exams
Olympiad exams
Test platforms
All industries
LMS integration
LMS integration
Canvas
Brightspace D2L
iSpring Learn
LearnWorlds
Moodle
Open edX
Sakai
Blackboard
All integrations
Resources
Resources
DocumentationGlossaryFor test takersChangelog
All resources
About
About
BlogCase studiesContacts
About us
Try proctoring
Policies
/
Terms of service
Effective date: August 7, 2026
These Terms of service, together with any other documents, policies, and terms referred to herein (collectively, the "Terms"), set out the terms and conditions under which you may use the services provided by ProctorEdu Inc. DBA OctoProctor ("we," "us," "our," or "OctoProctor"). This includes www.octoproctor.com (the "Site"), our application and platform (the "App"), whether delivered as a cloud-hosted solution, on-premise deployment, or private cloud installation, or any services offered through or associated with our Site or App (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.
Other applicable terms
These Terms incorporate by reference the following OctoProctor policies, each of which also applies to your use of the Services:
Privacy Notice (https://octoproctor.com/policies/privacy-policy) - the terms on which we collect, process, share, and store personal data we collect from you or that you provide to us. We will only use your personal data as set out in the Privacy Notice or as permitted by applicable privacy laws.
Regional Data Protection Policy (https://octoproctor.com/policies/regional-data-protection) - jurisdiction-specific rights, retention periods, transfer mechanisms, and other data-protection provisions that supplement the Privacy Notice for the regions listed in that Policy.
Health and Safety Policy (https://octoproctor.com/policies/health-and-safety) - health, safety, and well-being commitments applicable to test takers, Testing Institution staff, and other users of the Services, including the specific disclosure, warning, and record-keeping obligations that apply to Testing Institutions.
Accessibility Statement (https://octoproctor.com/policies/accessibility) - our accessibility commitments and compliance measures.
By accessing or using the Services, you acknowledge that you have read each of the above policies and agree to be bound by them.
Order of precedence. In the event of a conflict among the documents that form this Agreement, the following order of precedence applies: (1) the applicable License agreement, invoice, or order form (the "Order Document"); (2) these Terms of Service; (3) the Privacy Notice, the Regional Data Protection Policy, and the Health and Safety Policy, except that (a) the Regional Data Protection Policy prevails on matters of personal-data processing where it imposes a stricter obligation on OctoProctor or grants a stronger right to a data subject, and (b) the Health and Safety Policy prevails on matters of test-taker and user health, safety, and well-being; and (4) any other documents referenced in any of the foregoing.
Information about us
Our Services are owned and operated by ProctorEdu Inc. DBA OctoProctor, a company registered in the U.S., with company registration number (EIN) 86-2366927. Our office is located at 111 Pier Ave STE 100, Hermosa Beach, CA 90254, United States.
Changes to these Terms
We may amend these Terms at any time. We will notify you of material changes by email and/or by posting the updated Terms on our Site. Unless otherwise specified, amendments become effective upon posting. By continuing to use our Services after the effective date, you agree to the amended Terms. If you do not agree to the amendments, you must stop using our Services.
Changes to our Services
We may update, modify, or discontinue features of our Services from time to time to improve functionality, security, or compliance. We will endeavor to provide reasonable advance notice of material changes that significantly affect your use of the Services. However, we do not guarantee that any specific feature or functionality will remain available, and we are not liable for any modifications to the Services made in accordance with this section.
Accessing our Services
Eligibility
Our Services are intended and offered only for lawful use by individuals and organizations who have the legal capacity and authority under applicable law to enter into a contract for such Services. By using the Services, you represent and warrant that you have the legal capacity and authority to enter into a binding agreement to adhere to these Terms.
Our Services may not be used by any individual or entity that is:
(a) listed on, or owned or controlled by a person listed on, the U.S. Treasury's Office of Foreign Assets Control (OFAC) Specially Designated Nationals list, or any similar sanctions list maintained by the United States, European Union, United Nations, or United Kingdom;
(b) located in or organized under the laws of a sanctioned country or territory (currently including Crimea, Donetsk, Luhansk regions of Ukraine, Cuba, Iran, North Korea, and Syria);
or(c) otherwise subject to economic or financial sanctions imposed by the U.S., EU, UN, or UK authorities.
You represent and warrant that:
You and your personnel have not violated any applicable sanctions
You are not located in any sanctioned jurisdiction or listed on any sanctions list
You are not owned 50% or more by any sanctioned individuals or entities
You have appropriate systems in place to ensure compliance with all applicable sanctions
Age restrictions and children's data
Our Services are not intended for use by individuals under 13 years of age. Individuals aged 13 to 17 may use the Services only through Testing Institutions that have assumed responsibility for compliance with applicable children's data protection laws. Testing Institutions using our Services with individuals under 18 years of age represent and warrant that they have obtained all necessary consents and comply with all applicable laws regarding the processing of children's data, including obtaining verifiable parental consent in accordance with COPPA, GDPR Article 8, or other applicable laws regarding children's data protection. Where the Testing Institution is a school or other educational institution acting for an educational purpose, it may rely on the school-authorization doctrine recognized in the Federal Trade Commission's COPPA enforcement guidance in lieu of direct parental consent. Further detail on OctoProctor's role is set out in Section 7 of our Health and Safety Policy and in Section 7 of our Regional Data Protection Policy.
COPPA
Where a Testing Institution directs OctoProctor to provide Services to children under 13, the Testing Institution — not OctoProctor — is the "operator" for purposes of COPPA (15 U.S.C. § 6501 et seq.) and assumes all operator obligations, including obtaining verifiable parental consent or, where applicable, relying on the school-authorization doctrine recognized in the Federal Trade Commission's COPPA enforcement guidance. OctoProctor does not independently collect personal information from children under 13 and processes such information solely at the Testing Institution's direction.
School authorization
The school-authorization doctrine recognized in the Federal Trade Commission's COPPA enforcement guidance is available only to Testing Institutions that qualify as schools or school districts, or that act at the direction of a school, and only where the Services are used for an educational purpose. Testing Institutions that administer professional certification, employment screening, or other non-educational examinations may not rely on the school-authorization doctrine and must obtain verifiable parental consent directly from the parent or guardian before using the Services with children under 13.
Account registration
To access our Services, you may need to register for an account ("Account"). You agree to provide accurate and complete information when you register and to keep such information accurate and complete during the entire time that you use the Services.
Account security
You are responsible for safeguarding your Account, and you agree to notify us immediately of any unauthorized use of your Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
Client infrastructure and technical requirements
You are responsible for ensuring that your technical environment meets the requirements necessary to use our Services, including compatible learning management systems or third-party software and services, network infrastructure, firewall configurations, and any single sign-on or authentication systems. OctoProctor publishes system requirements for test-takers at https://octoproctor.com/resources/documentation; you are responsible for communicating these requirements to your test-takers and ensuring they have adequate equipment and internet connectivity.
OctoProctor is not responsible for service disruptions, failed sessions, or degraded performance caused by incompatibilities or failures in your infrastructure, including LMS or third-party software and services outages, network issues, firewall restrictions, or your test-takers' failure to meet published system requirements.
Service terms and limitations
License grant and ownership
The Services are licensed, not sold, to you. No title to or ownership of any proprietary rights related to the Services is transferred to you. Your rights are limited to those expressly granted by this Agreement. OctoProctor retains all right, title, and interest in and to the Services, including all intellectual property rights therein.
License term
Your license to use the Services is granted for a period specified in your License agreement, invoice, or order form, unless terminated earlier in accordance with these Terms or renewed by mutual agreement.
License renewal and grace period
Renewal notice: We will notify you at least 60 days and again 30 days before your license expires to discuss renewal terms. Invoices for renewal will be issued at least 30 days before expiration.
Early renewal incentive: Clients who complete renewal before their license expiration date and commit to a defined volume for the renewal term may qualify for a discount of 5–10% off the standard hourly rate, as specified in the renewal invoice.
Carryover of unused hours: Up to 10% of unused hours from the expiring license term may be transferred to the renewed license, provided that (a) renewal is completed before the license expiration date, and (b) the renewal volume commitment is consistent with forecasted usage. Carryover hours are not available for lapsed or late renewals.
Expiration of unused hours: Subject to the carryover provision above, all unused hours expire at the end of the license term and are not transferable to renewed licenses unless explicitly agreed in writing.
Grace period: If your license expires without renewal, a grace period of up to 90 days may be made available at OctoProctor's discretion to allow continued service while renewal is finalized. Grace period usage is billed as a temporary top-up at a 20% premium over your current hourly rate. Grace period availability does not guarantee renewal and does not extend eligibility for early renewal incentives or hour carryover.
Pricing model
Our App by default operates on an hours-based pricing model. Charges apply based on actual usage time as tracked by our systems. Alternative pricing models may be available upon request. Specific pricing details will be provided in your License agreement, invoice or order form.
Payment terms
Fees and payment schedules are specified in your License agreement, invoice, or order form (collectively, the "Order Document"). Where fees are invoiced in advance, payment is due in accordance with the terms stated on the invoice and Services are activated upon receipt of payment. Prepaid fees are non-refundable except as expressly stated in these Terms or your Order Document. Usage exceeding the prepaid or committed volume will be invoiced separately at the applicable rates, with payment due within 30 days of the invoice date unless otherwise agreed. In accordance with standard commercial practices, the following provisions apply to any amounts that become overdue:
Late payment interest: Overdue amounts shall bear interest at a rate of 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is lower
Collection costs: You agree to pay all reasonable costs of collection, including attorney fees, if legal action becomes necessary
Service suspension: We reserve the right to suspend Services for accounts with payments overdue by more than 30 days
Capacity planning and advance notice
Simultaneous user limit: Your Service plan includes support for up to 1500 simultaneous users. Usage exceeding this limit will result in additional fees as specified in your License agreement, invoice, or order form.
Heavy load notification requirement: You must provide 2 business days advance notice when planning activities that will result in:
More than 1,500 simultaneous users
More than 1,500 concurrent sessions
More than 5,000 hours of usage in a single day
Failure to provide required advance notice may result in service degradation and additional fees.
Integration
Our primary integration approach is Web SDK, and we maintain full LTI (Learning Tools Interoperability) compatibility and SCORM compatibility. You may only use documented integration methods as specified in our technical documentation at https://octoproctor.com/resources/documentation. Use of undocumented integration methods will void technical support eligibility and may result in service disruption.
Right of use
Subject to these Terms, OctoProctor grants you a limited, non-exclusive, non-transferable, non-sublicensable right to use the Services for the purposes of identity management and virtual proctoring during tests or examinations arranged by your testing institution ("Testing Institution"). This right of use will be terminated or suspended if you fail to comply with these Terms.
Data access and privacy
Data collection
The Services are designed to monitor test-taker performance during examinations. To provide the Services, we collect proctoring data and technical information from test-taker devices. You may configure proctoring settings to enable cameras, microphones, screen recording, and input tracking (keyboards, mice) to monitor behavior and generate proctoring reports. Test takers provide explicit consent within the platform before beginning proctoring sessions, which is logged. Under applicable data protection laws (including the GDPR and UK GDPR), you are the data controller with respect to personal data collected from your test-takers through the Services; under COPPA, where your use of the Services involves children under 13, you are the operator. In both capacities, you are responsible for ensuring you have the appropriate legal basis to use the Services with your test-takers, including obtaining parental consent where required by applicable law. OctoProctor processes test-taker data at your direction and does not independently determine the purposes or means of processing.
Biometric data
If you enable identity verification features within the Services, you represent and warrant that, prior to each examination session using such features, you have provided all notices and obtained (and where required retained records of) all consents, authorizations, and other legal bases required by applicable biometric data laws, including without limitation the Illinois Biometric Information Privacy Act (740 ILCS 14), the Texas Capture or Use of Biometric Identifier Act (Tex. Bus. & Com. Code ch. 503), the Washington biometric privacy law (RCW 19.375), Article 9 of the EU GDPR (and the UK GDPR and Swiss FADP equivalents), the Brazilian LGPD, Québec Law 25, and any analogous state, national, or international statutes. You acknowledge that OctoProctor processes biometric data solely at your direction and for the purpose of identity verification, and that you bear sole responsibility for compliance with applicable biometric data laws in connection with your use of identity verification features. You will provide evidence of such notices and consents to OctoProctor on reasonable request in connection with audits, incident investigations, or regulatory inquiries, and OctoProctor may suspend biometric processing for your examination sessions if you fail to provide such evidence within a reasonable period after request. Further detail is set out in Section 3 of our Health and Safety Policy.
Data retention
Default data retention period: Unless your plan specifies otherwise, data collected during service provision is stored securely for 6 months from the date of collection, after which it is permanently deleted. Your plan may set a shorter retention period, and longer retention is available as described below. The retention period that applies to your account is set out in your License agreement, invoice, or order form.
Extended retention: Retention beyond the standard period is available as a paid option, subject to additional fees based on the retention tier selected and infrastructure costs, as specified in your License agreement, invoice, or order form.
Data security and privacy
We are committed to ensuring that your data is secure. We have implemented appropriate technical and organizational measures to protect your data from unauthorized access, alteration, disclosure, or destruction during the storage period.
US privacy compliance: We comply with applicable United States privacy laws, including the California Consumer Privacy Act (CCPA/CPRA), Virginia Consumer Data Protection Act (VCDPA), Colorado Privacy Act (CPA), and other applicable state privacy laws.
GDPR compliance: We maintain full compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws.
Regional data protection: If you are located in the other jurisdictions with specific data protection laws, additional privacy rights and data protection provisions may apply. These are outlined in our Regional Data Protection Policy available at https://octoproctor.com/policies/regional-data-protection.
For detailed information about our data handling practices, please refer to our Privacy notice available at https://octoproctor.com/policies/privacy-policy.
Privacy and data protection policies
The Privacy Notice and the Regional Data Protection Policy, each incorporated into this Agreement under "Other applicable terms" above, set out how we collect, use, share, retain, and protect personal information, together with the rights available to data subjects in different jurisdictions. Please read both documents carefully.
Data use and service improvement
All proctoring data, including audio and video recordings, screen captures, and images collected during test sessions, is accessible exclusively to you as the client institution. OctoProctor does not assess overall academic performance and does not have access to anything beyond web browsers and cameras or microphones if access is requested and granted.
We may use your anonymized, non-personalized data to improve our service offerings, enhance features, and develop new solutions. Such data cannot be linked back to any individual test taker or institution. If you do not wish your data to be used for these purposes, you may opt out at any time by providing written notice to info@octoproctor.com.
Confidentiality
Each party agrees to protect the confidentiality of any proprietary or confidential information disclosed in connection with the Services. This includes, but is not limited to, proctoring data, institutional credentials, test materials, student information, API keys, technical documentation, and any non-public business information. Each party shall use the same degree of care to protect confidential information as it uses to protect its own confidential information, but in no event less than reasonable care. The confidentiality obligations shall survive termination of this Agreement for a period of five (5) years.
Our responsibilities as service provider
OctoProctor provides proctoring services in a secure, reliable, and compliant manner. In delivering the services, we will:
Service infrastructure and security
Maintain appropriate technical and organizational security measures designed to protect customer data against unauthorized access, loss, alteration, or disclosure.
Protect data in transit and at rest using industry-standard encryption protocols.
Restrict system access through robust authentication mechanisms and role-based access controls aligned to the principle of least privilege.
Maintain business continuity and disaster recovery arrangements designed to ensure service resilience and availability.
Data management
Perform regular, automated backups and maintain secure storage and restoration capabilities.
Apply appropriate data handling practices based on the sensitivity and classification of information processed.
Securely delete or anonymize customer data upon termination of services or where required by applicable law.
Maintain appropriate controls over infrastructure and assets used to deliver the services.
Security operations
Operate continuous security monitoring and incident detection processes.
Maintain anti-malware and threat protection controls across relevant systems.
Apply security patches and updates in a timely and risk-based manner.
Conduct periodic internal and, where appropriate, independent security assessments.
Service availability
OctoProctor strives to maintain 99.9% uptime for our cloud-hosted Services, excluding scheduled maintenance. Specific service level commitments, including uptime guarantees, support response times and service credits, are available through SLA addendums negotiated on a case-by-case basis with qualifying clients.
Customer support
Support availability
Customer representative support: Technical support is provided exclusively to authorized representatives of client organizations, not to test takers. Support requests must be submitted by designated client representatives only.
Technical support contact: For technical assistance, please contact us at support@octoproctor.com.
Support scope
Test-taker experience: OctoProctor is designed to minimize the need for direct support. Most test-taker issues are resolved directly within the platform through clear guidance, automated system checks, and built-in assistance — without requiring a human response. If a test-taker encounters an issue that cannot be resolved by the platform, the test-taker's institution is responsible for escalating the matter through its designated client representative.
Support coverage: Technical support includes assistance with critical bugs only. Critical bugs are system failures that prevent core proctoring functionality from operating as intended.
Support access to customer data: If technical support requires access to your customer data for troubleshooting purposes, such access must be pre-authorized in writing. For clients with Service Level Agreements, this authorization may be documented within the SLA addendum.
Version support: Technical support is available exclusively for the current (i.e., most recent) version of the OctoProctor platform.
Clients using our SaaS solution are automatically upgraded to the current version. On-premise clients using outdated versions must upgrade before support requests will be processed. OctoProctor will assist clients with upgrading to the current version in accordance with the terms of their License agreement.
Use restrictions
You may not use the Services except as permitted under these Terms or for any purpose that is unlawful or violates these Terms. Additionally, you agree not to:
Authorize or permit use of the Services by anyone other than yourself or authorized users.
Copy, market, or distribute the Services.
Assign, sublicense, sell, lease, or otherwise transfer your rights under these Terms.
Use the Services in any time-sharing or service bureau arrangement.
Modify, alter, or create derivative works of the Services.
Decompile, disassemble, reverse engineer, or otherwise attempt to obtain the source code.
Upload or transmit any form of virus, worm, Trojan horse, or other malicious code.
Interfere with or disrupt any servers or networks connected to the Services.
Disclose the contents of the Services to unauthorized parties.
Circumvent security measures or attempt unauthorized access to our systems.
Use automated tools to interfere with the Services' operation.
Exceed contractual usage limitations without proper authorization.
Exceed API rate limits or use undocumented API endpoints.
OctoProctor retains all right, title, and interest in and to the Services and all associated intellectual property rights.
Brand usage and trademark protection
Our trademarks
"ProctorEdu," "OctoProctor," and our associated logos, service marks, and trade names (collectively, "Our marks") are registered or unregistered trademarks of ProctorEdu Inc. All rights in Our marks are reserved.
Restrictions on brand usage
You may not:
Use Our marks without our prior written consent
Use any marks, logos, or names confusingly similar to Our marks
Register or attempt to register any marks similar to Our marks
Use Our marks in any manner that implies endorsement, sponsorship, or affiliation without written agreement
Modify, adapt, or create derivative versions of Our marks
Use Our marks in connection with any unlawful activities or in any manner that damages our reputation
Remove, alter, or obscure any proprietary notices from our Services
Limited permission
You may make factual references to our Services using our brand names in text only (not logos) solely to identify our Services, provided such use:
Is truthful and not misleading
Does not imply endorsement or partnership
Complies with any brand guidelines we may publish
Does not damage our reputation or goodwill
Enforcement
Any unauthorized use of Our marks may constitute trademark infringement and unfair competition. We reserve the right to take all appropriate legal action to protect our intellectual property rights.
Client publicity rights
By entering into an agreement for our Services, you grant OctoProctor a non-transferable, non-exclusive, royalty-free, worldwide license to reproduce and display your name, logos, and trademarks solely for the purpose of identifying you as a customer of OctoProctor on our website, client lists, press releases, and other marketing materials. This license does not grant OctoProctor any right of ownership in your marks. You may revoke this license at any time by providing written notice to info@octoproctor.com, and we will remove your name and marks from our materials within a commercially reasonable timeframe. We may develop case studies and testimonials related to your use of our Services; such materials will only be published with your explicit prior consent.
Use of proctoring data
The Services provide you with objective proctoring data, including session recordings, behavioral flags, and proctoring reports, that can be used to evaluate the integrity of test results. All decisions regarding the interpretation and use of proctoring data — including any academic or administrative actions taken in response to flagged behavior — are solely within your discretion and responsibility as the client institution.
OctoProctor provides data and reports; we do not make determinations regarding academic integrity, cheating, or disciplinary outcomes. You are responsible for establishing and communicating your own policies regarding the use of proctoring data to your test takers. OctoProctor has no responsibility or liability with respect to your use of proctoring data or any actions you take based on such data.
Disclaimers
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not guarantee that our Services will always be available or be uninterrupted. We will not be liable for any disruption or non-availability of our Services resulting from external causes.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OCTOPROCTOR OR ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, STATUTORY, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS, LOSS OF USE, LOSS OF DATA, OR OTHER ECONOMIC LOSS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.
Our total liability to you for any claims arising under these Terms shall not exceed the total amount paid by you to OctoProctor during the twelve (12) months preceding the event giving rise to the claim.
Indemnification
You agree to defend, indemnify, and hold harmless OctoProctor, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses arising from your breach of these Terms, your illegal conduct, or your violation of the rights of any third party.
Without limiting the foregoing, if you enable identity verification or other features that involve the processing of biometric data, you agree to indemnify and hold harmless OctoProctor from and against any claims, liabilities, damages, statutory penalties, and reasonable legal costs arising from your failure to provide required notices or obtain required consents under applicable biometric data laws, including the Illinois Biometric Information Privacy Act, Texas Business and Commerce Code Chapter 503, Washington RCW 19.375, and analogous statutes.
Dispute resolution
Binding arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Delaware, United States, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Dispute limitations
Each dispute between the parties shall be resolved individually in a separate arbitration proceeding. No arbitration arising under this Agreement shall be joined or consolidated with any arbitration or proceeding involving any other party, including other clients of OctoProctor, without the prior written consent of both parties. Neither party may bring claims in a representative capacity on behalf of third parties, including end users or test takers, under this Agreement. This Agreement does not confer any rights or remedies upon any person or entity other than the parties hereto. No test-taker, end-user, or other third party shall be deemed a third-party beneficiary of this Agreement.
Exceptions to arbitration
The parties agree that the following disputes are not subject to the above provisions concerning binding arbitration: (a) any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
Termination
Termination by OctoProctor: We may terminate or suspend your access to the Services immediately, without prior notice or liability, if you breach any of these Terms or fail to pay amounts due within 30 days of the payment due date.
Termination by Client: You may terminate your agreement for the Services at any time by providing at least 30 days' prior written notice to info@octoproctor.com. Termination by the Client does not entitle the Client to any refund of prepaid fees, unused hours, or any other amounts paid under the agreement.
Effect of termination: Upon termination by either party:
Your right to use the Services will cease immediately upon the effective termination date
All outstanding payment obligations remain due and payable
Provisions of these Terms that by their nature should survive termination shall remain in effect, including but not limited to: Confidentiality (for five (5) years post-termination), Limitation of Liability, Indemnification, and Dispute Resolution
Data retention after termination: Following termination, your data will be retained for a period of 3 months to allow for data export requests. After this 3-month period, all data will be permanently deleted in accordance with our Data Sanitization Policy. If you require data export, you must submit a written request within the retention period.
Accessibility
We are committed to maintaining compliance with applicable regulations and accessibility standards. For detailed information about our accessibility commitments and compliance measures, please refer to our Accessibility page available at https://octoproctor.com/policies/accessibility. If you have questions about our compliance practices, please refer to our Privacy notice or contact us directly.
Governing law and jurisdiction
These Terms are governed by and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions. Subject to the Dispute Resolution provisions above, any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Delaware, United States.
Entire agreement
These Terms, together with the Privacy Notice, the Regional Data Protection Policy, the Health and Safety Policy, the Accessibility Statement, the applicable Order Document, and any other documents referenced herein, constitute the entire agreement between you and OctoProctor regarding your use of the Services and supersede any prior agreements or understandings between you and OctoProctor.
Waiver and severability
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect.
Contact information
If you have any questions about these Terms, please contact us at:
General inquiries: info@octoproctor.com
Technical support: support@octoproctor.com
Address: 111 Pier Ave STE 100, Hermosa Beach, CA 90254, United States
About usSolutionsFeaturesIndustriesLMS integrationResources
Terms of servicePrivacy noticeRegional data protection policyAccessibilityContact us
Trust center↗︎Uptime status↗︎
© 2026 ProctorEdu, Inc.