Effective date: July 24, 2025
Welcome to ProctorEdu Inc. ("we," "us", “our" or “OctoProctor”), the company behind OctoProctor. 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 www.octoproctor.com (the "Site"), our application (the "App"), 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.
These Terms incorporate our Privacy notice, which also applies to your use of the Site and Services. Our Privacy notice sets out the terms on which we collect, process, share, and store any personal data we collect from you, or that you provide to us. We will only use your personal data as set out in our Privacy notice or as permitted by applicable privacy laws.
Our Site, App, and Services are owned and operated by ProctorEdu Inc., 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.
We may amend these Terms at any time by providing written notice to you. By continuing to use our Site or App after such notice, you agree to the amended Terms. If you do not agree to the amendments, you must stop using our Services.
We may update our Site or App from time to time and may change the content and Services at any time. We will try to avoid making any significant changes that are likely to materially disadvantage your use of the Services. However, we do not guarantee that our Site, App, or any content on them will be free from errors or omissions.
You acknowledge and agree that the Services are intended to monitor performance during tests or examinations. To provide the Services, we collect and use proctoring information and certain technical information regarding hardware. Your Testing Institution may adjust proctoring settings to use cameras, microphones, keyboards, mice, and other features to track behavior and provide proctoring reports.
Default data retention period: All data collected during service provision will be stored securely for a maximum of 6 months from the date of collection, after which it will be permanently deleted.
Extended retention with consent: If you provide voluntary explicit consent for the use of your anonymized data for service improvement purposes, your data retention period will be extended to 12 months from the date of collection.
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.
GDPR compliance: We maintain full compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. For comprehensive information about our GDPR compliance measures, data subject rights, and lawful bases for processing, please visit https://octoproctor.com/policies/gdpr.
Regional data protection: If you are located in the European Union, the United Kingdom, Brazil, or 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. We comply with UK GDPR, ePrivacy Directive, LGPD (Brazil), and other applicable regional privacy laws based on the location of the data subject or controller.
For detailed information about our data handling practices, please refer to our Privacy notice available at https://octoproctor.com/policies/privacy-policy.
This Agreement incorporates the terms of our Privacy notice. Please read the Notice carefully to understand how we treat your personal information.
The content you submit, post, or display, including all audio and video recordings or images made during test sessions, will be shareable with and viewed only by your Testing 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 data with your explicit consent to improve our service offerings, enhance features, and develop new proctoring technologies.
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.
OctoProctor is committed to providing reliable, secure, and compliant proctoring services. Our key responsibilities include:
OctoProctor strives to maintain reliable service availability. Specific service level commitments, including uptime guarantees and support response times, are available only through separate Service Level Agreements (SLAs) negotiated on a case-by-case basis with qualifying clients.
Customer representative support: Technical support is provided exclusively to authorized representatives of client organizations, not to end-users or students. Support requests must be submitted by designated client representatives only.
Technical support contact: For technical assistance, please contact us at support@octoproctor.com.
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.
Service level agreements (SLAs) containing enhanced support commitments and uptime guarantees are available separately for enterprise clients upon request and mutual agreement. Standard support terms apply unless a specific SLA has been executed.
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:
"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.
You may not:
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:
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.
The Services provide Testing Institutions with objective performance data (proctoring reports) that can be used to evaluate the credibility of test results. Use of the proctoring data is entirely within the discretion of the Testing Institution, and you should direct any questions or concerns regarding such use to your Testing Institution. OctoProctor has no responsibility or liability with respect to the use of any proctoring data.
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.
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.
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.
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.
You agree that any arbitration or proceeding shall be limited to the dispute between OctoProctor and you individually. To the full extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
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.
We may terminate or suspend your access to the Services immediately, without prior notice or liability, if you breach any of these Terms. Upon termination, your right to use the Services will cease immediately, and all data will be handled in accordance with our standard retention policies.
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.
OctoProctor may modify these Terms at any time at its sole discretion by updating them on our Site. Any such revisions become effective immediately upon posting. It is your responsibility to review the Terms periodically. By continuing to use the Services after changes are posted, you agree to be bound by the updated Terms.
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.
These Terms, together with the Privacy Policy, SLA, 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 between you and OctoProctor.
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.
If you have any questions about these Terms, please contact us at:
ProctorEdu Inc.
