Terms and Conditions for OctoProctor Pilot

Effective date: September 1, 2025

Before participating in the OctoProctor Pilot project (the "Pilot"), please carefully read and agree to the following Terms and Conditions ("Terms"). By proceeding with the Pilot, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1. Service description and Pilot access period

ProctorEdu Inc. DBA OctoProctor ("we," "us", “our" or “OctoProctor”) provides online proctoring services to institutions and organizations in multiple industries. This Pilot allows prospective clients to evaluate our proctoring capabilities through a demonstration service.

Pilot access period: Your Pilot includes a specific number of proctoring hours that must be used within the pilot period as indicated in your Letter of Intent or Invoice. Any unused hours expire at the end of this period.
Pilot license: This Pilot is provided for evaluation purposes only.
Pilot scope: Your pilot provides the allocated hours detailed in your invoice or Letter of intent, with full access to all OctoProctor features. Data export is not available during the Pilot, and Pilot period cannot be renewed or extended.
Disclaimer: This Pilot is provided 'AS IS' for evaluation purposes only. We make no warranties, express or implied, regarding the Pilot's functionality, availability, or suitability for any particular purpose.

2. Recording and data collection

During the Pilot, certain data and activities may be recorded and collected, including but not limited to:

• Audio and video recordings: Your webcam and microphone may capture your image and voice.
• Screen recordings: Your screen activity may be recorded to demonstrate the proctoring features.
• Interaction data: Mouse movements, keystrokes, and other interactions with the Pilot.
  

We collect only the minimum data necessary to demonstrate our proctoring capabilities. We do not collect any additional personal information beyond what is essential for the proctoring demonstration.

3. Purpose of data collection

The data collected during the Pilot is used solely for:

• Demonstrating OctoProctor's proctoring capabilities.
• Providing you with an accurate experience of our Services.
• Internal analysis of your anonymized data to improve our service offerings, enhance features, and develop new proctoring technologies.
  

4. Data storage and deletion

• Audio and video recordings: Your webcam and microphone may capture your image and voice.
• Screen recordings: Your screen activity may be recorded to demonstrate the proctoring features.
• Interaction data: Mouse movements, keystrokes, and other interactions with the Pilot.
  

5. 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.

Regional Data Protection: We also comply with regional data protection requirements across different jurisdictions. For specific information about our compliance measures in your region, please visit 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.

6. No sharing of data

We will not share, sell, or rent your data collected during the Pilot to any third parties. The data is used internally only for the purposes described in these Terms.

7. Consent to data processing and withdrawal

By participating in the Pilot, you consent to:

• The recording and collection of your data as described above.
• The storage of your data for the duration of the pilot program.
• The processing of your data for the purposes outlined in these Terms.
  
• The use of your anonymized data for service improvement purposes.
  

When used with test takers: If an institution uses this Pilot with actual test takers, the institution is solely responsible for obtaining all necessary consents and permissions required by applicable law, including parental consent where required. In such cases, OctoProctor acts as a service provider processing data on behalf of and under the direction of the institution. Pilot participants must be 18 or older, or have parental consent if required by local law.

Withdrawal of consent: If you wish to withdraw your consent within the Pilot period, please contact us immediately at info@octoproctor.com. Upon receipt, we will delete your data as soon as practicable.

8. Customer support

Customer representative support: Technical support is provided exclusively to Customer Representative Support, meaning support is available only to authorized representatives of client organizations, not to end users or test takers.

Technical support contact: For technical assistance, please contact us at support@octoproctor.com.

Support scope: Technical support includes assistance with critical bugs only. Critical bugs are defined as system failures that prevent core proctoring functionality from operating as intended.

9. Pricing model

This Pilot operates on a fixed-price model with a predetermined number of hours included. Prior to Pilot activation, we will issue an Invoice or Letter of Intent that specifies the pilot price and the number of hours included in your pilot package. Payment must be made in full before Pilot access is granted. Your Pilot access will be limited to the included hours as outlined in your Letter of Intent or Invoice.

Hour expiration: All purchased hours must be used within the Pilot period. Unused hours are non-refundable and cannot be carried over or extended beyond the Pilot period.

10. Opt-out

Participation in the Pilot is entirely voluntary. If you do not agree to these Terms, please do not proceed with the Pilot.

11. User responsibilities and restrictions

By proceeding with the Pilot, you agree to:

• Use the Pilot for lawful and appropriate purposes.
• Not engage in any activity that could harm or disrupt the Pilot or our Services.

Prohibited activities: You may not:

• Modify the OctoProctor software or attempt to alter its functionality
• Decompile, reverse engineer, or disassemble any part of the OctoProctor software
• Distribute, redistribute, or share Pilot access credentials with unauthorized parties
• Create derivative works based on the OctoPtoctor software
• Use the Pilot for any commercial purpose other than evaluation
• Circumvent security measures or attempt to gain unauthorized access to our systems
• Use automated tools to interfere with the Pilot's operation

12. Intellectual property and confidentiality

The OctoProctor software, including all intellectual property rights therein, remains the exclusive property of OctoProctor. Your use of the Pilot does not grant you any ownership rights in our software or technology.

During the Pilot, you may receive information about our proprietary technology, methods, and processes. You agree to keep such information confidential and not disclose it to third parties. Similarly, we will maintain the confidentiality of any non-public information you share with us during the Pilot evaluation, except as required by law.

13. Limitation of liability

To the fullest extent permitted by law, OctoProctor shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your participation in the Pilot. Our total liability shall not exceed the amount paid by you for the Pilot service.

14. Termination

We reserve the right to terminate your Pilot access immediately if you violate these Terms. Upon termination, all data will be deleted in accordance with our standard retention policy.

15. Amendments

We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting the updated Terms on www.octoproctor.com. Your continued participation in the Pilot constitutes acceptance of the modified Terms.

16. 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. Any disputes arising under these Terms shall be resolved in the courts of Delaware.

17. Compliance and 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 statement available at https://octoproctor.com/policies/accessibility. If you have questions about our compliance practices, please refer to our Trust Center available at https://trust.octoproctor.com or contact us directly.