REMOTEi Privacy Policy

The following statement outlines the policies, procedures, and regulations that uExamS and its online proctoring service, REMOTEi, follows in the collection, use, storage, receipt, transfer, processing and disclosure of personal and personally identifiable information in the conduct of our business and services (known hereafter as “Services”) through our websites, online applications, business systems, browser extensions, and any other data or data collection applications used in the conduct of uExamS’s business.

This Privacy Statement also describes your rights regarding how REMOTEi processes information about you and your activities within our business applications and in the conduct of our services.

Finally, this Privacy Statement will outline how uExamS receives, processes, and protects any of your personal information that is received from third parties to enable your participation in uExamS Services, including but not limited to educational institutions, testing authorities, certification and licensure boards, and government agencies.

By participating in uExamS Services, you are agreeing and consenting to policies and procedures outlined in this Privacy Statement.

Statement of Principles

Regarding all personal information collected, processed, and stored by uExamS provided by test candidates, educational institutions and other third parties, employees, and uExamS service providers, uExamS will adhere to the following principles:

  1. uExamS only uses personal information to enable and administer its services (the proctoring and administration of exams)
  2. uExamS never sells any personal information nor uses any personal information for marketing and sales purposes.

Collection of Personal Information

Contact Information

Any personal information such as name, email address, phone number, organization, or address will be used by uExamS to verify your identity and effectively respond to any inquiries or questions and provide any needed support. At any point, we may ask for additional information to ensure your support needs are met.

Account Creation

For testing candidates, employees, and clients, you may be required to create an account on uExamS systems to use and participate in our Services. The information collected is for the sole purpose of effectively enabling our services and/or for the use of relevant educational institutions, testing authorities, certification or licensure boards, or government agencies.

Information collected to create an account can include—but is not limited to—the following:

  • Name
  • Test
  • Testing Authority or Organization
  • Test Registration Number
  • Approved Form of Identification

The Testing Process

Registration

uExamS will receive your test registration information from the relevant testing authority. This information is secure and will be deleted 30 business days after your examination session.

Identity Verification

Before proceeding with testing, you will be required to download the uExamS REMOTEi application and provide uExamS with access to your device’s camera and microphone. In addition, you will be required to share your screen with uExamS personnel and present your form of approved identification to authenticate your identity.

During Your Exam

During your active examination period, uExamS personnel will continue to access your screen, microphone, and camera to monitor your activities and provide proctoring services during the examination. uExamS proctoring and monitoring activity will be in accordance within any parameters, procedures, and protocols required by the testing authority for your examination. uExamS is not responsible for the creation of any procedures or protocols for exam delivery.

In addition, we will maintain access to your screen, microphone, and camera to adequately proctor your exam and communicate with you when or if required.

Storage, Retention, and Third-Party Sharing

uExamS will share your information and test performance documentation, including video and audio recordings of your examination session, with the relevant testing authorities for your exam and in accordance with any uExamS contractual obligations.

In addition, uExamS will retain your information and any exam performance documentation as long as is required by our clients and any contractual or legal obligations.

 

Governing Law

uExamS collects, receives, processes, and stores data—with your consent—wherever necessary to execute a contract; manage, deliver, and support our Services; provide contractually obligated information to clients; protect uExamS intellectual property or the intellectual property of clients; and comply with any applicable laws or law enforcement actions. uExamS complies with all laws and regulations under the governing authorities established in our client contracts.

In certain circumstances, uExamS may be required to share your information to comply with legal actions, including but not limited to responding to a government, law enforcement, or national security request; the investigation of fraud; or to protect our rights, your safety, or the integrity of our Services.

 

Policy Changes

uExamS reserves the right to change this Privacy Policy to reflect any changes in governing laws or regulations; changes to uExamS technology, processes, or Services; or client request or contractual obligations. If any changes are material, we will contact you by email in advance of the changes becoming effective.

REMOTEi Desktop Application (EULA)

Last updated: September 03, 2021

Please read this End-User License Agreement carefully before clicking the “I Agree” button, downloading or using REMOTEi Desktop Application.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this End-User License Agreement:

  • Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
  • Application means the software program provided by the Company downloaded by You to a Device, named REMOTEi Desktop Application
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to uExamS (MIND CRAWL LLC), 9707 Key West Avenue Suite 110 Rockville, MD 20850.
  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Country refers to: Maryland, United States
  • Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.
  • Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.
  • You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

Acknowledgment

By clicking the “I Agree” button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the “I Agree” button, do not download or do not use the Application.

This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.

The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.

License

Scope of License

The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.

The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

License Restrictions

You agree not to, and You will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
  • Copy or use the Application for any purpose other than as permitted under the above section ‘License’.
  • Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.

Intellectual Property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.

The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extend the Company is required to provide indemnification by applicable law, the Company shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.

Modifications to the Application

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.

Updates to the Application

The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Maintenance and Support

The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company shall be obligated to furnish any such maintenance or support.

Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.

You must comply with applicable Third parties’ Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties’ Terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by You or the Company.
The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.

Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.

Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or 100 USD if You haven’t purchased anything through the Application.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

Severability and Waiver

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Product Claims

The Company does not make any warranties concerning the Application.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Changes to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.

By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

Entire Agreement

The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when You use or purchase other Company’s services, which the Company will provide to You at the time of such use or purchase.

Contact Us

If you have any questions about this Agreement, You can contact Us: