Terms of Service

SCREENANSWER — TERMS OF SERVICE, ACCEPTABLE USE POLICY, ASSUMPTION OF RISK, DISCLAIMER & LIMITATION OF LIABILITY ================================================================================ Version: 2026-08-09-B Effective date: August 9, 2026 Operator: the individual or entity that owns and operates the ScreenAnswer product, website (including screenanswer.cc and any successor domains), customer portal, downloads, Cloudflare-hosted services, Discord or other community channels, documentation, marketing materials, and related software or services (collectively, “Operator,” “we,” “us,” or “our”). IMPORTANT — READ BEFORE USE THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE TO EVERY PART OF THESE TERMS, DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, ACTIVATE, PURCHASE, DISTRIBUTE, OR USE SCREENANSWER OR ANY RELATED SERVICE. THE SOFTWARE IS A GENERAL-PURPOSE AI PRODUCTIVITY TOOL. IT CAN BE MISUSED. OPERATOR DOES NOT AUTHORIZE, ENDORSE, ENCOURAGE, OR CONDONE CHEATING, ACADEMIC FRAUD, EXAM MISCONDUCT, EMPLOYMENT-TEST FRAUD, CIRCUMVENTION OF PROCTORING, OR ANY OTHER ILLEGAL OR POLICY-VIOLATING USE. YOU ASSUME ALL RISK OF MISUSE AND ALL CONSEQUENCES OF YOUR CHOICES. BY USING THE SOFTWARE YOU AGREE TO DEFEND AND INDEMNIFY OPERATOR AGAINST CLAIMS ARISING FROM YOUR USE OR MISUSE, INCLUDING ACADEMIC AND EMPLOYMENT DISCIPLINE. -------------------------------------------------------------------------------- TABLE OF CONTENTS -------------------------------------------------------------------------------- 1. Acceptance; Capacity; Age 2. Definitions 3. Scope of Agreement 4. License Grant (Limited, Revocable) 5. License Restrictions 6. Intended Use (Lawful Productivity Only) 7. Acceptable Use & Strict Prohibitions 8. Academic Integrity & Examinations (Critical) 9. Proctoring, Secure Browsers & Detection Risk 10. Assumption of Risk; No Agency 11. User Content; Rights & Representations 12. Privacy-Related Acknowledgements; Third-Party AI 13. AI Output Disclaimers (No Reliance) 14. Third-Party Services, Keys & Billing 15. Accounts, Licenses, Payments, Refunds, Chargebacks 16. Auto-Updates; Versions; Feature Changes 17. Intellectual Property; Feedback; Branding 18. Copyright Complaints (User Content) 19. Security; No Warranty of Undetectability or Stealth 20. Monitoring; Investigation; Cooperation 21. Indemnification (You Protect Operator) 22. Release 23. Disclaimer of Warranties 24. Limitation of Liability 25. High-Risk Use Exclusion 26. Export; Sanctions; Local Laws 27. Suspension; Termination; Survival 28. Modifications to Terms or Software 29. Notices; Electronic Communications 30. Governing Law; Venue; Dispute Resolution 31. Class Action Waiver; Jury Trial Waiver (Where Enforceable) 32. Equitable Relief; Attorneys’ Fees 33. Statute of Limitations 34. Miscellaneous 35. Contact 36. Acknowledgement & Acceptance -------------------------------------------------------------------------------- 1. ACCEPTANCE; CAPACITY; AGE -------------------------------------------------------------------------------- 1.1 Binding acceptance. By downloading, installing, copying, accessing, activating a license, creating an account, clicking “I Agree,” “Accept,” or a similar control, purchasing access, or otherwise using the Software or Service, you represent that you have read, understood, and agree to be bound by these Terms of Service (the “Terms”), including the Acceptable Use Policy, Assumption of Risk, disclaimers, liability limits, and indemnification provisions. 1.2 Organization use. If you use the Software on behalf of a company, school, agency, or other organization, you represent and warrant that you have authority to bind that organization, and “you” includes that organization. The organization is jointly responsible for compliance with these Terms. 1.3 Age. You must be at least the age of majority in your jurisdiction to use the Software (or have verifiable parental or guardian consent where and to the extent allowed by law). The Software is not directed to children under 13 (or the higher age required under local law, such as 16 in some regions). If you are under the required age, do not use the Software. 1.4 Conflict with signed contracts. If any part of these Terms conflicts with a written agreement signed by Operator that expressly supersedes these Terms, the signed agreement controls only to the extent of the conflict and only for the parties named in that agreement. 1.5 Language. You confirm you can understand these Terms in English or have obtained a competent translation at your own expense. The English version controls if translations differ. -------------------------------------------------------------------------------- 2. DEFINITIONS -------------------------------------------------------------------------------- “AI Output” means any text, answer, explanation, suggestion, confidence score, highlight, overlay content, or other material generated by or through the Software, including via third-party models and APIs. “User Content” means text, screenshots, images, selections, clipboard data, prompts, configuration, or other data you provide, capture, or cause the Software to process. “Prohibited Setting” means any environment, activity, or context in which use of AI tools, external software, screen capture, overlays, hotkeys, remote assistance, unauthorized notes, or similar aids is restricted, discouraged, or forbidden by law, rule, contract, honor code, or policy—including without limitation: proctored exams; standardized tests; licensing and board exams; certification exams; online assessments; secure testing browsers; lockdown browsers; workplace skill tests; interviews where aids are banned; contests; graded homework where AI is banned; and any setting where a school, employer, test sponsor, proctor, platform, or regulator prohibits such tools. “Service” or “Software” means the ScreenAnswer desktop application, any browser extension or companion tool, website, portal, license keys, cloud license checks, auto-update system, documentation, Discord or community channels operated by Operator, and any related services or materials. “License” means any paid, promo, trial, free, or evaluation right to use the Software granted by Operator, including seat-based or device-bound licenses. -------------------------------------------------------------------------------- 3. SCOPE OF AGREEMENT -------------------------------------------------------------------------------- 3.1 These Terms govern your access to and use of the Service worldwide, to the maximum extent permitted by law. 3.2 Additional terms may apply to specific promotions, beta programs, or purchase flows. Those terms are incorporated by reference. If they conflict with these Terms on a narrow topic (for example promo length), the more specific terms control for that topic only. 3.3 Marketing copy, Discord messages, social media posts, demos, and feature lists are not warranties and do not modify these Terms. -------------------------------------------------------------------------------- 4. LICENSE GRANT (LIMITED, REVOCABLE) -------------------------------------------------------------------------------- 4.1 Subject to these Terms and a valid License (where required), Operator grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software on devices you own or lawfully control, solely for lawful purposes consistent with these Terms. 4.2 No other rights are granted by implication, estoppel, or otherwise. All rights not expressly granted are reserved by Operator and its licensors. 4.3 Evaluation / free / promo licenses may be time-limited, feature-limited, device-limited, or revocable at will. -------------------------------------------------------------------------------- 5. LICENSE RESTRICTIONS -------------------------------------------------------------------------------- Except to the limited extent that applicable law mandatorily prohibits the following restrictions, you may not, and may not permit others to: 5.1 Reverse engineer, decompile, disassemble, or attempt to derive source code, algorithms, or non-public APIs of the Software; 5.2 Remove, obscure, or alter proprietary notices, trademarks, or labels; 5.3 Rent, lease, lend, sell, sublicense, redistribute, or publicly host the Software except as expressly allowed in writing by Operator; 5.4 Circumvent, disable, or interfere with license validation, HWID or device binding, revocation lists, update mechanisms, rate limits, or security features; 5.5 Share, sell, rent, publish, or post license keys, tokens, portal credentials, or API keys issued for your use; 5.6 Use the Software to build a competing product by systematically extracting non-public aspects of the Service; 5.7 Modify the Software binary for redistribution, or create derivative works for distribution, without Operator’s prior written consent; 5.8 Use unauthorized modified builds, cracks, keygens, or pirated copies. Violation may result in immediate License revocation without refund and may constitute copyright or other legal violations independent of these Terms. -------------------------------------------------------------------------------- 6. INTENDED USE (LAWFUL PRODUCTIVITY ONLY) -------------------------------------------------------------------------------- 6.1 ScreenAnswer is a general-purpose AI productivity utility. It can process user-selected text and (where enabled) screenshots or images using third-party AI APIs to return informational responses. 6.2 Intended categories of use include, without limitation: studying with materials you are allowed to use AI on; research; accessibility assistance; personal productivity; drafting and brainstorming where permitted; reviewing your own notes; and other lawful uses that do not violate any rule that binds you. 6.3 The Software is a tool only. Operator: (a) does not supervise your sessions; (b) does not control the content of third-party websites, LMS platforms, exams, or documents you view; (c) does not direct, instruct, or require you to use the Software in any Prohibited Setting; (d) does not warrant that any particular use is permitted by your school, employer, or test sponsor. 6.4 Any example, demo, marketing video, Discord tip, or feature name that could be interpreted as related to exams, quizzes, “stealth,” hotkeys, overlays, or capture is descriptive of technical capability only and is not permission, encouragement, or advice to violate rules. -------------------------------------------------------------------------------- 7. ACCEPTABLE USE & STRICT PROHIBITIONS -------------------------------------------------------------------------------- You agree you will NOT use the Software, directly or indirectly, to: 7.1 Violate any applicable law, regulation, court order, or governmental rule. 7.2 Cheat, gain an unfair advantage, or obtain unauthorized assistance in any quiz, exam, test, homework submission, graded assignment, contest, certification, licensing exam, professional board exam, employment assessment, interview evaluation, admissions test, or similar evaluation—especially in a Prohibited Setting. 7.3 Circumvent, evade, interfere with, or defeat proctoring software, secure browsers, lockdown browsers, exam monitoring, webcam/mic proctoring, DRM, access controls, virtual-machine detection, or institutional technical restrictions. 7.4 Violate school, university, employer, testing center, certification body, platform, or publisher terms of service, honor codes, codes of conduct, or acceptable-use policies. 7.5 Commit fraud, identity fraud, academic fraud, professional misconduct, or misrepresentation of AI Output as solely your unaided work where disclosure or unaided work is required. 7.6 Harass, threaten, stalk, defame, exploit minors, generate or process illegal content (including child sexual abuse material), or engage in any activity that is criminal in your or Operator’s jurisdiction. 7.7 Process content you do not have rights to process, including copyrighted exam banks, proprietary employer materials, or others’ personal data in violation of law. 7.8 Attack, scan, overload, scrape without authorization, or reverse-engineer Operator infrastructure, other users’ systems, or third-party APIs beyond normal use of the Software. 7.9 Resell access, operate a service bureau of the Software without permission, share accounts commercially, or automate mass extraction in a way that abuses third-party AI rate limits or violates provider terms. 7.10 Use the Software in nuclear, aviation, life-support, emergency-response, critical infrastructure, weapons, or other high-risk contexts where failure could lead to death, personal injury, or severe environmental damage. 7.11 Attempt to obtain private keys, bypass payment, fraudulently obtain free or promo licenses, or abuse chargebacks after receiving digital access. 7.12 Use bots, scripts, or automation against Operator’s portal, license API, or update endpoints in a way that degrades the Service or violates rate limits. Operator may investigate suspected violations and may suspend licenses, disable updates, revoke keys, ban accounts, refuse service, or cooperate with schools, employers, exam boards, payment processors, or law enforcement where Operator believes in good faith it is required or appropriate. Operator has no duty to monitor all users continuously and no duty to warn you before enforcement. -------------------------------------------------------------------------------- 8. ACADEMIC INTEGRITY & EXAMINATIONS (CRITICAL) -------------------------------------------------------------------------------- 8.1 Sole responsibility. YOU ARE SOLELY RESPONSIBLE for knowing whether AI tools, screen capture, external software, or similar aids are allowed in your course, institution, workplace, examination, or professional setting. 8.2 No endorsement of cheating. Operator does NOT encourage, endorse, authorize, promote, or condone cheating, plagiarism, collusion, or violation of testing rules. Any use of the Software in a Prohibited Setting is unauthorized under these Terms. 8.3 Consequences are yours. If you use the Software during a Prohibited Setting or in violation of applicable rules, you do so entirely at your own risk. Possible consequences—including failure of a course or exam, suspension, expulsion, job loss, certification revocation, civil claims, criminal investigation, immigration or licensing consequences, and reputational harm—are solely your responsibility. 8.4 Features are not permission. Features such as hotkeys, auto-highlight, overlays, region capture, clipboard capture, system tray operation, reduced UI visibility, or similar capabilities exist as general productivity and usability features. Their existence is NOT permission to use them where forbidden. You must disable or refrain from using any feature that would violate rules applicable to you. 8.5 No liability for discipline. Operator shall have no liability whatsoever for academic, employment, professional, or regulatory discipline arising from your choices, including claims that Operator “enabled” or “facilitated” misconduct. You acknowledge that tools can be misused without Operator’s knowledge or control. 8.6 Institutional claims. If a school, employer, or testing organization asserts claims against Operator based on your conduct, you agree that such claims arise from your misuse and are covered by your indemnification obligations in Section 21. -------------------------------------------------------------------------------- 9. PROCTORING, SECURE BROWSERS & DETECTION RISK -------------------------------------------------------------------------------- 9.1 No warranty of invisibility. Operator does NOT warrant that the Software is undetectable, hidden, stealthy, unlogged, or invisible to proctors, IT admins, endpoint monitoring, screen recording, process lists, network logs, or other detection methods. 9.2 You assume detection risk. You assume all risk that use of the Software may be detected, reported, blocked, or used as evidence in disciplinary proceedings. 9.3 No circumvention product. The Software is not sold as a proctoring bypass, anti-detect tool, or exam-cheating product. Marketing or community slang does not change this legal position. 9.4 Technical interference. You agree not to use the Software in combination with other tools for the purpose of defeating exam security. Operator may treat such combined use as a material breach. -------------------------------------------------------------------------------- 10. ASSUMPTION OF RISK; NO AGENCY -------------------------------------------------------------------------------- 10.1 Assumption of risk. To the maximum extent permitted by law, you voluntarily assume all risks arising from: (a) your use or misuse of the Software; (b) AI Output errors; (c) third-party outages; (d) data you choose to capture or send to AI providers; (e) license or update failures; and (f) any academic, employment, or legal consequences of your conduct. 10.2 No agency or partnership. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Operator. You are not authorized to bind Operator or make representations on Operator’s behalf. 10.3 Independent decisions. All decisions about whether, when, where, and how to use the Software are made solely by you. Operator does not control those decisions. -------------------------------------------------------------------------------- 11. USER CONTENT; RIGHTS & REPRESENTATIONS -------------------------------------------------------------------------------- 11.1 Ownership. You retain rights in User Content you own. These Terms do not transfer ownership of your original content to Operator, except for the limited license below. 11.2 License to operate. You grant Operator a limited, worldwide, royalty-free license to process, transmit, and temporarily store User Content solely as needed to operate the Software and Service (including sending data to third-party AI providers you configure or that the Software uses to fulfill your requests). 11.3 Your representations. You represent and warrant that: (a) you have all rights and consents necessary to provide and process User Content through the Software; (b) User Content and your processing of it do not violate law, contract, or third-party rights (including privacy, publicity, and copyright); (c) you will not submit content you are forbidden to copy or transmit (for example certain exam materials under strict confidentiality rules). 11.4 Sensitive content. Screenshots and selected text may contain sensitive personal data, health or education records, employer secrets, exam content, or third-party copyrighted material. Processing such content is at your sole risk. Operator is not responsible for your decision to capture or transmit it. 11.5 No obligation to store. Operator is not obligated to store, back up, or return User Content. Local history or logs on your device are your responsibility to manage and secure. -------------------------------------------------------------------------------- 12. PRIVACY-RELATED ACKNOWLEDGEMENTS; THIRD-PARTY AI -------------------------------------------------------------------------------- 12.1 Third-party AI processing. Third-party AI providers (including, without limitation, Groq, Google Gemini / Google AI Studio, and any other configured provider) may process prompts, text, and images under THEIR terms and privacy policies. Operator does not control their data retention, training use, logging, subprocessors, or regional processing. Review their policies before use. 12.2 Your keys. When you supply your own API keys, your relationship with the provider is primarily between you and that provider. Operator is not a party to that relationship and is not liable for provider billing, bans, or data practices. 12.3 License and telemetry. License validation, updates, portal features, and abuse prevention may transmit technical data (for example license identifiers, hardware-derived identifiers, version numbers, IP addresses as seen by cloud infrastructure, timestamps, and basic diagnostics) to Operator-controlled cloud infrastructure (including Cloudflare Workers, storage, KV/D1/R2, and related services). You consent to such processing as needed to provide and secure the Service. 12.4 Not specialized compliance. The Software is not designed or warranted as HIPAA-compliant, FERPA-compliant, PCI-compliant, or compliant with any other specialized regulated-data standard unless Operator expressly agrees in a signed writing. Do not use the Software as your sole means of processing regulated data unless you have independently determined it is lawful and appropriate. 12.5 Your device security. You are responsible for securing your device, accounts, API keys, and any local logs or screenshots stored by the Software or by Windows/clipboard features. -------------------------------------------------------------------------------- 13. AI OUTPUT DISCLAIMERS (NO RELIANCE) -------------------------------------------------------------------------------- 13.1 Errors and hallucinations. AI Output may be wrong, incomplete, biased, outdated, offensive, plagiarized-looking, or entirely fabricated (“hallucinated”). Confidence scores (if shown) are informational only and are NOT guarantees of correctness. 13.2 No professional advice. The Software does not provide legal, medical, financial, tax, engineering, safety, or other professional advice. You must independently verify AI Output before relying on it for academic grades, professional decisions, or high-stakes matters. 13.3 No match to answer keys. Operator does not warrant that AI Output will match any answer key, rubric, examiner expectation, or “correct” solution. 13.4 Your verification duty. You agree not to treat AI Output as authoritative solely because it was produced by the Software. -------------------------------------------------------------------------------- 14. THIRD-PARTY SERVICES, KEYS & BILLING -------------------------------------------------------------------------------- 14.1 Required keys. The Software may require you to supply your own API keys (for example Groq and/or Google Gemini). You are responsible for key security, rotation, billing, quotas, and compliance with provider terms. 14.2 Outages. Outages, rate limits, model deprecations, content filters, safety blocks, and account bans by third parties are outside Operator control. No refund or liability arises solely from third-party unavailability or model behavior. 14.3 Provider terms. You agree to comply with the acceptable-use and content policies of any third-party AI provider you use through the Software. 14.4 Payment processors. Purchases may be handled by third-party processors or platforms. Their terms apply to the payment transaction. Operator is not responsible for processor errors beyond amounts Operator actually receives and can reasonably reverse under processor rules. -------------------------------------------------------------------------------- 15. ACCOUNTS, LICENSES, PAYMENTS, REFUNDS, CHARGEBACKS -------------------------------------------------------------------------------- 15.1 Subject to availability. Portal accounts, promo licenses, trials, and paid licenses are offered subject to availability and any purchase terms displayed at checkout. 15.2 Refunds. Unless mandatory consumer law requires otherwise, fees are non-refundable once a License is issued or digital access is delivered, except where Operator expressly agrees in writing. Digital goods are generally delivered immediately upon purchase. 15.3 Revocation. Operator may revoke Licenses for suspected fraud, chargebacks, key sharing, ToS violations, abuse of free tiers/promotions, or material risk to the Service or other users—without obligation to provide a refund where permitted by law. 15.4 Chargebacks. Initiating a chargeback after receiving a working License or download, without first contacting Operator in good faith to resolve a genuine defect, may be treated as abuse. Operator may revoke access and contest chargebacks with evidence of delivery and acceptance of these Terms. 15.5 Offline grace. Offline grace periods, if any, are a convenience—not a guarantee of continued access after revocation, expiry, or network enforcement. 15.6 One person / seats. Unless a multi-seat License is purchased, Licenses are for individual use as specified. Exceeding seat or device limits is a breach. -------------------------------------------------------------------------------- 16. AUTO-UPDATES; VERSIONS; FEATURE CHANGES -------------------------------------------------------------------------------- 16.1 Updates. Auto-update downloads may be hosted on third-party infrastructure (for example Cloudflare R2). You authorize the Software to check for and apply updates when you run it, unless you lawfully prevent updates by not running the Software or by network controls you control. 16.2 No duty to support old versions. Operator may stop supporting older versions at any time. 16.3 Feature changes. Operator may add, change, or remove features (including models, providers, free tiers, promos, UI layouts, or capture methods) without liability and without reducing your payment obligations for periods already billed, except where mandatory law says otherwise. 16.4 Beta features. Beta or experimental features are provided solely for evaluation, may be unstable, and may be withdrawn without notice. -------------------------------------------------------------------------------- 17. INTELLECTUAL PROPERTY; FEEDBACK; BRANDING -------------------------------------------------------------------------------- 17.1 Ownership. Operator and its licensors own all right, title, and interest in the Software, Service, branding, documentation, and non-User Content materials, including all copyrights, trademarks, trade secrets, and other IP rights. 17.2 No transfer. These Terms do not transfer ownership of the Software to you. 17.3 Feedback. If you provide ideas, suggestions, or feedback, Operator may use them without restriction or obligation to you, and without compensation. 17.4 Trademarks. You may not use Operator’s names, logos, or branding in a way that implies endorsement of your institution, product, or misconduct, or that causes confusion, without prior written permission. 17.5 Open-source components. The Software may include third-party or open-source components under their own licenses. Those licenses govern those components to the extent required. -------------------------------------------------------------------------------- 18. COPYRIGHT COMPLAINTS (USER CONTENT) -------------------------------------------------------------------------------- 18.1 Operator respects intellectual property rights. If you believe User Content processed through or displayed by the Service infringes your copyright, contact Operator via the official Contact page with: (a) identification of the work; (b) identification of the allegedly infringing material; (c) your contact information; (d) a statement of good-faith belief; and (e) a statement under penalty of perjury that you are authorized to act, as applicable under law. 18.2 Operator may remove or disable access to material in good faith and may terminate repeat infringers’ Licenses where appropriate. 18.3 This section does not create a general duty for Operator to monitor all User Content. -------------------------------------------------------------------------------- 19. SECURITY; NO WARRANTY OF UNDETECTABILITY OR STEALTH -------------------------------------------------------------------------------- 19.1 Reasonable efforts only. Operator may implement reasonable security measures but does not warrant that the Service will be free of bugs, vulnerabilities, or unauthorized access. 19.2 Reporting. If you discover a security vulnerability in Operator’s systems, report it responsibly via official contact channels. Do not exploit it or publicly disclose it in a way that harms users before Operator has a reasonable chance to fix it. 19.3 Reiteration. WITHOUT LIMITING ANY OTHER SECTION: THERE IS NO WARRANTY THAT THE SOFTWARE IS STEALTHY, UNDETECTABLE, OR SUITABLE FOR USE IN PROHIBITED SETTINGS. -------------------------------------------------------------------------------- 20. MONITORING; INVESTIGATION; COOPERATION -------------------------------------------------------------------------------- 20.1 Operator may (but is not obligated to) monitor use of the portal, license API, update endpoints, and other Operator-controlled systems for security, fraud, abuse, and compliance. 20.2 Operator may retain logs and technical records as reasonably necessary for operations, security, legal compliance, and dispute resolution. 20.3 Where Operator believes in good faith that it is required by law, valid legal process, or necessary to protect Operator, other users, or the public, Operator may disclose information to law enforcement, regulators, schools, employers, exam boards, or payment processors. Operator is not your lawyer and owes you no duty of secrecy beyond applicable law and these Terms. 20.4 Operator may refuse to provide “proof of non-cheating” or similar attestations to third parties. -------------------------------------------------------------------------------- 21. INDEMNIFICATION (YOU PROTECT OPERATOR) -------------------------------------------------------------------------------- 21.1 To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Operator and its officers, owners, employees, contractors, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to: (a) your use or misuse of the Software or Service; (b) your User Content; (c) your violation of these Terms or any law or third-party right; (d) academic, employment, certification, licensing, or disciplinary proceedings connected to your use of the Software; (e) your API keys, billing disputes, or third-party account issues; (f) any allegation that your conduct constitutes cheating, fraud, unfair advantage, honor-code violation, or misconduct in a Prohibited Setting; (g) claims by schools, employers, testing organizations, proctors, or other students/employees based on your conduct; (h) your infringement of intellectual property or privacy rights; (i) your circumvention of technical or institutional restrictions. 21.2 Operator may (at its option) control the defense of any indemnified claim with counsel of its choosing; you will cooperate fully. You may not settle any claim that imposes obligation on Operator without Operator’s prior written consent. 21.3 This duty survives termination of these Terms and your use of the Software. -------------------------------------------------------------------------------- 22. RELEASE -------------------------------------------------------------------------------- To the fullest extent allowed by law, you release Operator from claims arising from disputes between you and any school, employer, testing organization, AI provider, payment processor, Discord host, or other third party in connection with your use of the Software. Where applicable (including California Civil Code § 1542 or similar laws), you waive unknown claims to the extent such waiver is enforceable: you understand that you may later discover claims you do not know about, and you still release them to the extent permitted. -------------------------------------------------------------------------------- 23. DISCLAIMER OF WARRANTIES -------------------------------------------------------------------------------- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: 23.1 THE SOFTWARE AND SERVICE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 23.2 OPERATOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, VIRUS-FREE, COMPATIBLE WITH ALL SYSTEMS, WEBSITES, EXAMS, OR BROWSERS, OR FREE OF HARMFUL COMPONENTS. 23.3 OPERATOR DOES NOT WARRANT ANY ACADEMIC, EMPLOYMENT, OR EXAM OUTCOME. 23.4 NO ORAL OR WRITTEN INFORMATION FROM OPERATOR OR ITS CHANNELS CREATES A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. -------------------------------------------------------------------------------- 24. LIMITATION OF LIABILITY -------------------------------------------------------------------------------- 24.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPERATOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; ACADEMIC OR EMPLOYMENT OUTCOMES; EXAM FAILURE; CERTIFICATION LOSS; DISCIPLINARY SANCTIONS; COST OF SUBSTITUTE SERVICES; OR PROCUREMENT OF REPLACEMENT TOOLS—EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. 24.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPERATOR’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SOFTWARE, SERVICE, OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO OPERATOR FOR THE SOFTWARE IN THE THREE (3) MONTHS IMMEDIATELY BEFORE THE CLAIM AROSE, OR (B) USD $50 (FIFTY U.S. DOLLARS). 24.3 THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 24.4 Some jurisdictions do not allow certain limitations; in those cases, Operator’s liability is limited to the maximum extent permitted. Nothing in these Terms excludes liability that cannot be excluded under mandatory law (for example certain liability for death or personal injury caused by negligence in some jurisdictions, or fraud). -------------------------------------------------------------------------------- 25. HIGH-RISK USE EXCLUSION -------------------------------------------------------------------------------- The Software is not designed, intended, or licensed for use in hazardous environments requiring fail-safe performance. You may not use it where failure could reasonably be expected to result in death, personal injury, or severe physical or environmental damage. Any such use is at your sole risk and is a material breach of these Terms. -------------------------------------------------------------------------------- 26. EXPORT; SANCTIONS; LOCAL LAWS -------------------------------------------------------------------------------- 26.1 You represent that you are not prohibited from receiving the Software under export control or sanctions laws applicable to you, and that you are not located in, under the control of, or a national/resident of any country or region subject to comprehensive embargoes where providing the Software would be unlawful. 26.2 You will not export, re-export, or transfer the Software in violation of law. 26.3 You are solely responsible for local compliance (including privacy, consumer, education, and employment regulations) in the places where you use the Software. -------------------------------------------------------------------------------- 27. SUSPENSION; TERMINATION; SURVIVAL -------------------------------------------------------------------------------- 27.1 You may stop using the Software at any time by uninstalling it and ceasing access to the Service. 27.2 Operator may suspend or terminate access, Licenses, or updates immediately, with or without notice, for any breach of these Terms, suspected fraud, legal risk, abuse, nonpayment, or operational need. 27.3 Upon termination, your license ends. You must stop using the Software and destroy copies in your possession if Operator so requires in writing for a material breach, to the extent permitted by law. 27.4 Survival. Sections that by nature should survive (including definitions, restrictions, IP, User Content licenses already exercised, disclaimers, limitations, indemnity, release, governing law, dispute terms, and miscellaneous) survive termination. -------------------------------------------------------------------------------- 28. MODIFICATIONS TO TERMS OR SOFTWARE -------------------------------------------------------------------------------- 28.1 Operator may modify these Terms by posting an updated version on the website and/or presenting an updated version in the Software. The “Version” or “Last updated” date will change. 28.2 Continued use after the effective date constitutes acceptance of the updated Terms. If you do not agree, stop using the Software and uninstall it. 28.3 Material changes may also be communicated through the portal, app notice, or other reasonable means, but posting on the official website is sufficient notice under these Terms. -------------------------------------------------------------------------------- 29. NOTICES; ELECTRONIC COMMUNICATIONS -------------------------------------------------------------------------------- 29.1 You consent to receive notices electronically (website posting, in-app notice, email associated with your account if any, or portal message). 29.2 Formal legal notices to Operator must be sent through the Contact page on the official ScreenAnswer website or another method Operator designates in writing. Do not rely on social media DMs, Discord DMs, or informal chat as sole delivery of formal legal notices. 29.3 Notices to you may be provided at any email or account contact you provided, or by posting to the Service. -------------------------------------------------------------------------------- 30. GOVERNING LAW; VENUE; DISPUTE RESOLUTION -------------------------------------------------------------------------------- 30.1 Except where mandatory consumer protection law requires otherwise, these Terms are governed by the laws applicable to Operator’s principal place of business, without regard to conflict-of-law rules that would require another jurisdiction’s law. 30.2 Informal resolution. Before filing a formal claim, you agree to attempt good-faith informal resolution by contacting Operator with a brief description of the dispute and allowing at least thirty (30) days for a response (except where waiting would cause irreparable harm). 30.3 Venue. Where permitted, disputes shall be resolved in the state or federal courts (or other competent courts) located in Operator’s principal place of business, and you consent to personal jurisdiction and venue there—unless mandatory law gives you the non-waivable right to sue in your home jurisdiction. 30.4 Individual claims. Claims must be brought in your individual capacity as set out in Section 31. -------------------------------------------------------------------------------- 31. CLASS ACTION WAIVER; JURY TRIAL WAIVER (WHERE ENFORCEABLE) -------------------------------------------------------------------------------- 31.1 CLASS ACTION WAIVER. To the fullest extent permitted by law, you and Operator agree to bring claims only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. 31.2 JURY TRIAL WAIVER. To the fullest extent permitted by law, you and Operator waive any right to a jury trial for disputes arising out of or relating to these Terms or the Software. 31.3 If a court finds either waiver unenforceable as to a particular claim, that waiver shall be severed as to that claim only, and the remainder shall continue. -------------------------------------------------------------------------------- 32. EQUITABLE RELIEF; ATTORNEYS’ FEES -------------------------------------------------------------------------------- 32.1 You acknowledge that breach of IP, license, or security restrictions may cause irreparable harm for which monetary damages are inadequate, and Operator may seek injunctive or other equitable relief without posting bond to the extent permitted by law. 32.2 If Operator prevails in an action to enforce these Terms or collect amounts owed, Operator may recover reasonable attorneys’ fees and costs to the extent permitted by law. -------------------------------------------------------------------------------- 33. STATUTE OF LIMITATIONS -------------------------------------------------------------------------------- To the maximum extent permitted by law, any claim arising out of or related to the Software or these Terms must be filed within one (1) year after the claim accrued, or be permanently barred. This does not apply where a longer period is mandatorily required by law that cannot be waived. -------------------------------------------------------------------------------- 34. MISCELLANEOUS -------------------------------------------------------------------------------- 34.1 Entire agreement. These Terms (plus any presented in-app license screens, purchase terms, and policies expressly incorporated) are the entire agreement regarding the Software and supersede prior conflicting informal statements, Discord messages, and marketing materials. 34.2 Severability. If any provision is unenforceable, the remainder stays in effect, and the provision will be modified to the minimum extent necessary to make it enforceable. 34.3 No waiver. Failure to enforce a provision is not a waiver of future enforcement. Any waiver must be in writing to be effective. 34.4 Assignment. You may not assign or transfer these Terms or your License without Operator’s prior written consent. Any attempted assignment in violation is void. Operator may assign to an affiliate, successor, or acquirer of assets related to the Service. 34.5 Force majeure. Operator is not liable for delays or failures caused by events beyond reasonable control (including outages of cloud/AI providers, war, terrorism, natural disaster, epidemic, labor disputes, government action, internet failures, or utility failures). 34.6 No third-party beneficiaries except as stated for indemnified parties and Operator’s successors/assigns. 34.7 Relationship to consumers. If you are a consumer in a jurisdiction that prohibits certain disclaimers or limitations, those prohibitions control to the minimum extent required; the rest of these Terms remain in force. 34.8 Headings. Headings are for convenience only and do not affect interpretation. 34.9 Interpretation. “Including” means “including without limitation.” References to “Sections” are to sections of these Terms. 34.10 Reservation of rights. Operator reserves all rights not expressly granted. -------------------------------------------------------------------------------- 35. CONTACT -------------------------------------------------------------------------------- Questions about these Terms: use the Contact page on the official ScreenAnswer website (screenanswer.cc) or the support channel Operator designates in writing. Do not send formal legal notices solely via social media DMs or unofficial groups. -------------------------------------------------------------------------------- 36. ACKNOWLEDGEMENT & ACCEPTANCE -------------------------------------------------------------------------------- BY DOWNLOADING, INSTALLING, ACCESSING, OR USING SCREENANSWER, YOU ACKNOWLEDGE AND AGREE THAT: • YOU HAVE READ AND UNDERSTOOD THESE TERMS IN FULL; • YOU UNDERSTAND THE SOFTWARE CAN BE MISUSED AND YOU AGREE NOT TO MISUSE IT; • YOU ALONE CONTROL WHETHER YOU USE IT IN A PROHIBITED SETTING; • OPERATOR DOES NOT AUTHORIZE CHEATING, EXAM MISCONDUCT, OR POLICY VIOLATIONS; • OPERATOR IS NOT RESPONSIBLE FOR YOUR MISUSE OR ITS CONSEQUENCES; • THERE IS NO WARRANTY OF UNDETECTABILITY, STEALTH, OR FITNESS FOR EXAMS; • AI OUTPUT MAY BE WRONG AND YOU MUST VERIFY IT; • YOU ACCEPT THE DISCLAIMERS, LIABILITY CAPS, RELEASE, AND INDEMNITY ABOVE; • YOU WILL DEFEND AND INDEMNIFY OPERATOR AGAINST CLAIMS ARISING FROM YOUR USE. If you do not agree, uninstall the Software immediately and do not use the Service. ================================================================================ END OF TERMS ================================================================================ DISCLAIMER FOR OPERATOR (not part of the user contract text above): These terms are a strong protective template for a small software product. They are not a substitute for advice from a qualified attorney licensed in your jurisdiction. Laws vary (especially consumer, privacy, and enforceability of class/jury waivers). Consider a lawyer review if you sell widely, take significant revenue, or operate in regulated markets.