1. Acceptance of Terms
By accessing or using Testngine ("the Platform"), you agree to be bound by these Terms of Use and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
2. Account Registration
To access certain features of the Platform, you must register for an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security of your password and account
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
3. User Roles and Responsibilities
3.1 All Users
All users must:
- Comply with all applicable local, state, national, and international laws
- Not engage in any fraudulent, abusive, or illegal activity
- Not attempt to gain unauthorized access to any portion of the Platform
- Not transmit any viruses, malware, or other harmful code
3.2 Quiz Creators
As a quiz creator, you agree to:
- Own or have the right to use all content you upload
- Not infringe upon any third-party intellectual property rights
- Provide accurate and truthful information about your quizzes
- Maintain active hosting subscriptions for published quizzes
- Honor the terms of paid quiz purchases (duration, access, etc.)
- Not create quizzes containing illegal, harmful, or discriminatory content
3.3 Quiz Consumers
As a quiz consumer, you agree to:
- Use purchased quizzes only for personal, non-commercial use
- Not share, redistribute, or resell quiz content
- Respect creator intellectual property rights
- Provide honest and constructive feedback in reviews
4. Subscriptions and Payments
4.1 Hosting Subscriptions
Quiz creators must maintain active hosting subscriptions to keep quizzes published. Subscriptions are billed quarterly and include:
- Question limits based on selected tier
- Different pricing for free/locked vs. paid quizzes (25% discount)
- Automatic renewal unless canceled before billing date
- Pro-rated billing for mid-cycle tier changes
4.2 Quiz Purchases
Paid quiz purchases are one-time payments that grant access for a specified duration. All sales are final. Refunds are only provided in cases of:
- Technical issues preventing quiz access
- Fraudulent or misleading quiz descriptions
- Creator removal of quiz content within 7 days of purchase
4.3 Creator Payouts
The Platform operates on a 75-80% creator / 20-25% platform revenue split (varies by quiz tier and pricing). Payouts are processed via Stripe Connect and subject to:
- Stripe's standard processing fees
- Verification of seller account credentials
- Compliance with tax reporting requirements (1099-K for eligible creators)
5. Intellectual Property
5.1 Your Content
You retain all ownership rights to content you create and upload. By publishing content on the Platform, you grant us a non-exclusive, worldwide, royalty-free license to display, distribute, and promote your content solely for the purpose of operating the Platform.
5.2 Platform Content
The Platform itself, including all code, design, graphics, and documentation, is owned by Testngine and protected by copyright, trademark, and other intellectual property laws.
6. Feedback and Suggestions
If you provide us with any feedback, suggestions, or ideas about the Platform ("Feedback"), you acknowledge and agree that:
- Testngine may use, modify, and incorporate your Feedback into the Platform without any obligation to compensate you
- You waive any rights, title, or interest in the Feedback once submitted
- Feedback does not create any confidentiality obligation for Testngine
- You represent that your Feedback does not infringe on any third-party rights
We appreciate your input and use it to improve the Platform for all users.
7. Prohibited Activities
You may not:
- Scrape, copy, or download quiz content without authorization
- Reverse engineer or attempt to extract source code from the Platform
- Use automated systems (bots) to create accounts or take quizzes
- Manipulate quiz ratings or reviews
- Impersonate other users or creators
- Upload malicious code or attempt to compromise Platform security
- Spam or harass other users
- Create multiple accounts to circumvent restrictions
8. Content Moderation
We reserve the right to review, remove, or restrict access to any content that violates these Terms or is otherwise objectionable. This includes:
- Hate speech, harassment, or discriminatory content
- Graphic violence or sexual content
- Spam or misleading information
- Copyright-infringing material
- Content promoting illegal activities
9. Promotions and Contests
From time to time, we may offer promotions, contests, or sweepstakes ("Promotions"). Participation in Promotions is subject to:
- Separate official rules and terms specific to each Promotion
- Eligibility requirements (age, location, account status)
- Compliance with applicable laws and regulations
- These Terms of Use, which govern in case of conflicts
We reserve the right to cancel, modify, or suspend any Promotion at our discretion. Winners may be required to provide identification and tax information. Void where prohibited by law.
10. Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination:
- Your right to access the Platform will cease immediately
- Unpublished quiz content will be deleted after 30 days
- Published quizzes may remain accessible to users who purchased them
- Outstanding payments to creators will be processed according to schedule
9. Disclaimer of Warranties
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:
- The Platform will be uninterrupted, secure, or error-free
- Quiz content is accurate, complete, or up-to-date
- Any defects will be corrected
- The Platform is free from viruses or harmful components
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TESTNGINE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, ARISING FROM:
- Your use or inability to use the Platform
- Unauthorized access to your account or data
- Errors or omissions in quiz content
- Loss of revenue from quiz sales
- Any third-party conduct on the Platform
Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.
13. Indemnification
You agree to indemnify and hold harmless Testngine, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your violation of these Terms
- Your violation of any third-party rights
- Content you upload to the Platform
- Your use of the Platform
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes via email or prominent notice on the Platform. Your continued use after such notice constitutes acceptance of the modified Terms.
15. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the courts of Ireland.
For users within the European Union, you may also have the right to bring proceedings before the courts of your country of residence under EU consumer protection laws.
16. Contact Information
If you have any questions about these Terms, please contact us at:
Email: contact@testngine.com
Or visit our Contact Page
By using Testngine, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. Please also review our Privacy Policy.