Last Updated: April 21, 2025
Welcome to "Own the Exam" by Lumagate"! These Terms of Service ("Terms") govern your use of our website located at https://owntheexam.com, our software application(s) include 'Exam Prep Flashcards' and 'Exam Prep Quiz App' ("App"), and any related services provided by Lumagate (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy [Link to Privacy Policy - privacy.html]. If you do not agree to these Terms, please do not use our Services.
Eligibility: You must be at least 18 years old to use our Services. By agreeing to these Terms, you represent and warrant that you are of legal age.
License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services for your personal, non-commercial use [Adjust if commercial use is allowed under certain plans].
Account Registration: You may need to register for an account to access certain features. You agree to provide accurate, current, and complete information during registration and keep your account information updated. You are responsible for safeguarding your password and for all activities that occur under your account.
Prohibited Conduct: You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium; (ii) using any automated system (robots, spiders, etc.) to access the Services; (iii) transmitting spam or unsolicited email; (iv) attempting to interfere with system integrity or security; (v) uploading invalid data, viruses, or worms; (vi) collecting personally identifiable information without permission; (vii) using the Services for any illegal purpose; (viii) impersonating another person; (ix) interfering with the proper working of the Services; (x) accessing content through any technology other than that provided or authorized by the Service.
Subscription Plans: We offer various subscription plans for our Services. Details of the plans, including features and pricing, are available on our Website/App. Prices are subject to change upon notice from us.
Billing: You agree to pay all fees associated with your chosen subscription plan. We use a third-party payment processor ["Stripe"] to bill you. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors by the Payment Processor.
Automatic Renewal: Unless you cancel your subscription before the end of the current subscription period, your subscription will automatically renew for successive periods of the same duration as the initial term, and you authorize us (without notice to you, unless required by applicable law) to collect the then-applicable subscription fee using any payment method we have on record for you.
Cancellation: You may cancel your subscription at any time. Please refer to our Cancellation Policy [https://owntheexam.com/cancel.html] for details on how to cancel and information about refunds.
Free Trials: We may offer free trials. If you sign up for a free trial, payment will be charged at the end of the trial period unless you cancel beforehand.
The Services and their original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Lumagate and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including, without limitation, a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Services or follow the cancellation procedures [Link to Cancellation Policy - cancel.html].
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer of Warranties: THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT 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.
Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL [YOUR COMPANY NAME], ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL [YOUR COMPANY NAME] BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
Liability Cap: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF Lumagate AND ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, AND LICENSORS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE, ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO Lumagate FOR ACCESS TO AND USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCE(S) GIVING RISE TO THE CLAIM; OR (B) $100.
You agree to defend, indemnify and hold harmless [Your Company Name] and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least [Number, e.g., 30] days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms.
If you have any questions about these Terms, please contact us at support [AT] lumagatena.com.
Disclaimer: This document is a template provided for informational purposes only and does not constitute legal advice. You should consult with a qualified legal professional to ensure these terms meet the specific needs of your business and comply with all applicable laws and regulations in your jurisdiction(s). We assume no liability for the use or reliance on this template.