Terms and Conditions - ExamoBoost

Last update on December 15, 2023

Please read these terms and conditions (“terms”, “terms and conditions”) carefully before using the ExamoBoost website (the “service”) operated by Tech ED - FZCO, UAE (“us”, ‘we”, “our”).

1. Introduction

This Subscription Service Agreement (hereafter “Agreement”) is entered into by and between the customer identified in a Subscription Form or One-Time Payment Limited Period Package Form (hereafter “Customer”) and Tech ED - FZCO, trading as ExamoBoost, incorporated in UAE, registered at the address Damac Executive Heights, Smart creation business center, Dubai, United Arab Emirates, (hereafter the “Company”).

ExamoBoost is a service provided by Tech ED - FZCO. Tech ED - FZCO is the legal entity responsible for all operations and services offered under the ExamoBoost brand. For more information, please contact us at info@examoboost.com.

Either the Customer or the Company may be referred to as a “Party” and collectively the “Parties”.

This Agreement is effective between the Customer and the Company from the moment the Customer completes the Subscription Form or One-Time Payment Limited Period Package Form (hereafter “Effective Date”)

2. Definitions

“Service” means a web browser or mobile-based application provided by the Company to the Customer to submit practice essays and, where available, speaking practice tests.

“One-Time Payment Limited Period Package Form” refers to the specific order form utilized by ExamoBoost for customers opting for a non-renewable, limited-time access to the Service(s). This form is used to collect essential customer details, record explicit consent to the terms of this Agreement, and outline the specifics of the one-time package selected by the customer. This package grants the Subscriber access to designated Service(s) for a predetermined period, as specified in the form, in exchange for a one-time payment. Unlike the Subscription Form, this arrangement does not entail recurring fees or automatic renewals, and the access to the Service(s) ceases automatically at the end of the specified period without any obligation for further payment or continuation.

“Subscription Form” means the Company’s standard order form that identifies the Customer, collects their explicit consent to the Agreement and stipulates the specific Service(s) chosen by the Customer; the Subscription Fees, and Subscription Term.

“Subscription Fee” means the recurring fee the Customer pays for access to the Service(s).

“Subscription Term” means the duration for which Customer has subscribed to the Service(s). The Customer may choose a longer Subscription Term for a greater discount.

“Login” means a username and password assigned to an individual for purposes of accessing the Service.

3. Service

3.1 Provision of Service. Subject to the terms and conditions of this Agreement, the Company will provide the Customer with access to and use of the Service for the duration of the Subscription Term. The Company may, at its sole discretion, modify, remove, add, or enhance features of the Service from time to time. The Company provides the service, unless otherwise explicitly stated in this Agreement, on an “as-is” basis with no representation or warranty other than as expressed herein.

3.2 Logins. Each individual accessing the Service must have a unique Login. The Customer shall not allow or authorize anyone other than themselves to use their Login. The Customer shall promptly notify the Company in the event they become aware of or suspect any unauthorized use of their Login. The Customer is solely responsible for maintaining the confidentiality of their Login (username and password) and is responsible for all activities that occur under their account or password.

3.3 Service Restrictions. The Service is provided exclusively for personal use. The Customer shall not rent, lease, sell, distribute, sublicense, or otherwise make the Service available to any third party. The Customer shall not copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof. The Customer shall not access the Service for purposes of building or marketing a competitive product.

3.4 Intellectual property. All intellectual property rights in and to the Service remain the sole property of the Company. The Company has exclusive ownership of the Service and its components and all related trademarks, logos, and any other intellectual property registered or unregistered anywhere in the world. The Customer hereby assigns to the Company any submitted written essays, speaking test recordings, suggestions, ideas, enhancement requests, or other feedback provided by the Customer to the Company relating to the Service. The Company owns all content, data, software, inventions, ideas, and other technology and intellectual property that it develops in connection with its products and the Service.

3.5 Age restriction. Where a Customer is a natural person, the age limit to use the Service is eighteen years old.

4. Payment

4.1 Fees and Payment Terms. The Customer shall pay all fees for Service(s) chosen in the Registration Form. Subscription Fees and One-Time Payment Limited Period Package Fees are prepaid and non-refundable. If payment for Subscription Fees fails, access to the Service(s) will be suspended. Unless otherwise stated, Subscription Fees are quoted and charged in US Dollars. Unless explicitly stated otherwise, all fees and all references to “dollars” or “$” refer to United States dollars.

4.2 Taxes. The fees are inclusive of applicable European sales taxes.

5. Term and Termination

5.1 Agreement Term. The term of this Agreement shall commence on the Effective Date and shall continue in full force and effect until the expiration or termination of all Subscription Forms unless otherwise terminated earlier as provided hereunder.

5.2 Subscription Term. The initial Subscription Term shall be specified in the relevant Subscription Form. Upon the expiration of the Subscription Term, the Subscription Term will automatically renew for a successive 30-day term, unless either party provides the other party with written notice of non-renewal at least ten (10) days prior to the expiration of the previous Subscription Term. If the Subscription Term automatically renews, the Subscription Fee shall be a prorated amount of the initial Subscription Term, rounded up to the nearest whole cent or penny.

5.3 Termination for Cause. Either party may terminate the Agreement immediately upon written notice in the event the other party commits a non-remediable material breach of the Agreement; the other party fails to cure any remediable material breach within 30 days of being notified in writing of such breach; the other party becomes insolvent, makes an assignment for the benefit of creditors, becomes subject to the control of a trustee, receiver or similar authority, or becomes subject to any bankruptcy or insolvency proceeding.

5.4 Effect of Termination for Cause. In the event of termination of this Agreement due to a default by the Company, any prepaid fees for the Service for the period between the termination date through the end of the then-current Subscription Term shall be refunded, on a prorated basis. In the event of a termination of the Agreement due to a default by Customer, the Company shall not refund any prepaid fees for Service for the period between the termination date through the end of the then-current Subscription Term.

5.5 Survival. Sections [3.4, 6.1, 6.3, 6.4, 6.6, 6.8] of the Agreement shall survive termination. Other clauses may also survive termination where explicitly stated.

6. General Information

6.1 Applicable Law. The law of the UAE applies exclusively, excluding the provisions of the UN Convention, for all legal relations between the Parties, the place of jurisdiction is Dubai, UAE.

6.2 Warranty. The Provider provides the service, unless otherwise explicitly stated in this Agreement, on an “as-is” basis with no representation or warranty. The Provider will endeavor to assure the Service’s availability, accuracy, reliability, and timeliness. However, the Client accepts that the text evaluation might be incomplete in some edge cases or that there may be false negatives, where the Service may provide lower scores than expected. The Company cannot guarantee that the Service will not incur delays, interruptions, or other errors that are outside of the Company’s reasonable control and are inherent with the use of the internet and electronic communications.

6.3 Disputes. All disputes and controversies, which may arise between the Parties during the performance of this Agreement or any of its clauses, are to be settled through negotiations. Both Parties agree to exercise all their benevolence and try to find ways to solve any kind of dispute arising from the implementation of this Agreement by consulting each other and finding amicable solutions. If, however, no amicable solution can be reached, both Parties agree that any dispute will be subject to the exclusive jurisdiction of the UAE Courts. For EU customers - the appeal can be submitted via EU Online Dispute Resolution platform (ORD). The ODR platform is an interactive website, specifically designed for assisting consumers who have a complaint about goods or services they have bought online.

6.4 Severability. Should a given provision of this Agreement be invalid or unenforceable or become invalid or unenforceable, the validity of the remaining provisions of this Agreement shall remain unaffected. The invalid or unenforceable provision shall be considered omitted.

6.5 Force Majeure. The Parties shall not bear any liability for failure to perform their obligations under the Agreement if such failure resulted from force majeure circumstances occurring after the date of this Agreement, which neither Party could not reasonably foresee nor prevent. Force majeure circumstances shall mean events beyond the control of the Parties and which occurrence does not entail liability of the Parties. Such events, among other things, include natural calamities, revolts, hostilities, strikes, economic embargoes, decisions of governmental or industry regulatory authorities or local self-government authorities and other circumstances directly affecting the performance of the Agreement.

6.6 Indemnification. The Subscriber shall indemnify the Company from all claims of third parties asserting these against the Company due to the violation of their rights by the Subscriber’s actions. Furthermore, the Subscriber is obliged to compensate the Company for all damages and reasonable expenses incurred by the Company, including the costs of appropriate legal defence, in connection with an infringement of rights by the Subscriber, particularly due to claims by third parties.

6.7 Waiver. The failure of either party to enforce any of the provisions of the Agreement at any time, the failure to require performance by the other party of any of the provisions of the Agreement at any time, or the express waiver by either party of any provision, condition or requirement of the Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of either party to enforce each and every such provision thereafter.

6.8 Trademarks. IELTS is officially trademarked by IDP Education Australia, the University of Cambridge, and the British Council. TOEFL and TOEIC are trademarks owned by Educational Testing Service (ETS). The University of Cambridge holds the trademark for Cambridge Assessment. Pearson plc is the registered owner of the Pearson trademark. The trademark for OET is owned by OET Centre Pty Ltd. This website and its proprietors have no affiliation, endorsement, or approval from the University of Cambridge ESOL, the British Council, IDP Education Australia, Educational Testing Service (ETS), Pearson plc, or OET Centre Pty Ltd.

6.9 Communication. The primary channel of correspondence between the Parties is email. The nominated email address for sending notices to the Company is info@examoboost.com. The nominated email address for sending notices to the Subscriber is the email address provided in the Subscription Form.