TERMS OF USE

TERMS OF USE – MCQexam.com

Effective Date: [04/29/2026]
Last Updated: [04/29/2026]

BY ACCESSING OR USING MCQexam.COM, YOU AGREE TO THESE TERMS. If you do not agree, do not use the Platform.

1. Two Tracks: General Users vs. Research Participants

MCQexam.com offers two separate ways to use the Platform:

General Use (no special contract). Most users fall into this category. Your use is governed solely by these Terms of Use.
Research Participation (optional). You may choose to sign a separate Research Participation and Data Use Agreement (e.g., by uploading a file and signing via HelloSign). That agreement grants us additional rights for scientific research, AI benchmarking, and dataset creation. If you sign that agreement, its terms control for all research‑related processing of your content. For all other Platform features (e.g., creating exams, inviting students, purchasing services), these Terms of Use still apply.

No user is required to sign the Research Agreement. You can use all commercial and educational features of MCQexam.com without ever becoming a Research Participant.

Summary Comparison Table

Issue	General User (No Research Agreement)	Research Participant (Signed Agreement)
Ownership of uploaded file	You retain full ownership	You retain full ownership
License to Organizer for AI training	Yes – based on Legitimate Interest (GDPR Art. 6(1)(f))	Yes – perpetual, royalty‑free research license (no opt‑out)
Can you opt out of AI training?	Yes – email privacy@mcqexam.com within 30 days	No – you signed the Research Agreement
Can you export MCQs outside MCQexam.com?	No – not without written permission	No – not without written permission
Can your content be shared with other researchers inside the platform?	No	Yes – under the Research Agreement
Can your content be used in academic publications?	Only aggregated/anonymized	Yes, with possible credit at Organizer’s option
Can you request deletion of your original uploads?	Yes – but we may retain Generated MCQs	Yes – but generated content and aggregated outputs may be retained permanently in anonymized form

This table is for convenience and does not modify any agreement.

2. Eligibility and Accounts

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Platform. You are responsible for maintaining the security of your account and any tokenized links.

3. Commercial and Paid Services

MCQexam.com may offer paid subscriptions, pay‑per‑use features, or other commercial services. Prices are stated on the Website. We may change pricing with reasonable notice. All fees are non‑refundable unless otherwise stated at the time of purchase.

4. General Users – Content License & AI Training (Legitimate Interest)

This Section 4 applies only to users who have not signed a separate Research Participation and Data Use Agreement.

4.1 You Retain Ownership

You own all files, text, documents, PDFs, and other materials you upload to the Platform (“User Content”).

4.2 License to Operate and Improve the Platform

By uploading User Content, you grant us a non‑exclusive, royalty‑free, worldwide, perpetual license to host, store, copy, display, process, analyze, and modify your User Content for the following purposes:

Providing the services you request (e.g., PDF‑to‑MCQ conversion, exam creation, student invitations);
Training, testing, benchmarking, and improving AI models used on the Platform, including question generation, difficulty prediction, answer validation, and any related machine learning;
Developing aggregated statistics, performance analytics, and anonymized datasets;
Enhancing the accuracy, functionality, and security of MCQexam.com.

4.3 Legal Basis – Legitimate Interests (GDPR Art. 6(1)(f))

We process your User Content for AI training and platform improvement based on our Legitimate Interest to develop, maintain, and enhance the quality of our commercial service. The potential impact on your privacy is low because the vast majority of User Content consists of educational or non‑personal materials. You have the right to object to this processing (see Section 4.4).

4.4 Opt‑Out Right (for General Users Only)

If you do not want your User Content used for AI training or benchmarking, you may opt out by emailing privacy@mcqexam.com with the subject line “Opt out of AI training” within 30 days after uploading your content. Include the email address associated with your account and (if possible) a description of the specific content.

Upon opt‑out:

We will cease using that specific User Content for future AI training.
We may retain the content to provide basic services (conversion, exams, storage).
Opt‑out does not require us to delete already‑trained AI models, but we will not continue to train on your opted‑out content.

4.5 Generated MCQs – Ownership

4.6 No Sale of Raw Content

We will not sell your raw uploaded files as a standalone product. However, AI models trained on aggregated User Content, and the Generated MCQs derived from your content, belong to us.

4.7 Your Warranty

You represent that you have the right to grant the license in Section 4.2. Do not upload content you do not own or have permission to use, unless fair use or another exception applies.

5. Research Participants – Special Protections (No Opt‑Out)

If you have signed the separate Research Participation and Data Use Agreement (the “Research Agreement”), the following applies in addition to these Terms:

Your Original Uploads remain your property.
You grant the Organizer a perpetual, royalty‑free, worldwide license to use your Original Uploads and derived data for the specific research, benchmarking, and educational purposes described in the Research Agreement (including AI training, academic publication, and sharing with other researchers within the platform).
There is no opt‑out from AI training or research use under the Research Agreement because you have voluntarily agreed to that broader license.
Generated MCQs and aggregated outputs belong exclusively to the Organizer, as stated in the Research Agreement.
You may not export Generated MCQs outside MCQexam.com without written permission.
You may request deletion of your Original Uploads at any time (subject to the Research Agreement’s retention of anonymized aggregates).

If any provision of the Research Agreement conflicts with these Terms, the Research Agreement controls only with respect to research‑related processing. For all other Platform features (e.g., creating commercial exams, inviting students), these Terms apply.

6. Prohibited Content (All Users)

You may not upload:

HIPAA‑protected health information, patient data, or medical records (the Platform is not HIPAA‑compliant).
Child pornography, exploitative material, or illegal content.
Malicious code, viruses, or anything that harms the Platform.
Copyrighted material you do not have permission to use, except as permitted by law.
Personally identifiable information of third parties without their lawful consent.

Violation may result in immediate account termination and legal liability.

7. Student Exams and Data

Teachers, professors, or exam creators (“Creators”) may invite students via email or tokenized links. Students’ exam responses and aggregated results are made available to the Creator. Creators are responsible for obtaining any necessary consents from students under applicable laws (e.g., FERPA, GDPR). We are not a party to the relationship between Creators and students.

8. AI Benchmarks and Publications (All Users)

We may publish aggregated benchmarks, academic papers, or performance metrics derived from Platform data. For Research Participants, we may credit you by name or institution at our option. For General Users, any published data will be anonymized and aggregated unless you have separately consented.

9. Intellectual Property of the Platform

All code, designs, algorithms, trademarks, and logos on MCQexam.com are owned by the Organizer. You may not copy, modify, reverse‑engineer, or create derivative works of the Platform itself.

10. Third‑Party Services

The Platform may integrate with HelloSign, email providers, payment processors, or other third parties. We are not responsible for their privacy practices or terms.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MCQexam.COM IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT UNINTERRUPTED SERVICE, ERROR‑FREE CONVERSION, OR ACCURACY OF AI‑GENERATED QUESTIONS.

12. Limitation of Liability

13. Indemnification

You agree to indemnify us from any claims, damages, or expenses arising from your violation of these Terms, your upload of illegal content, or your breach of a signed Research Agreement.

14. Termination

We may suspend or terminate your access for any violation of these Terms or a signed Research Agreement. Sections that by their nature survive (ownership, licenses, limitations of liability, indemnification) will survive.

15. Governing Law & Dispute Resolution

These Terms and any signed Research Agreement are governed by the laws of the State of Delaware, USA. Any dispute (except intellectual property claims) shall be resolved by binding arbitration in Delaware, in English. You waive the right to a jury trial or class action.

16. Changes to These Terms

We may update these Terms. Material changes will be notified via email or website notice. Continued use after the effective date constitutes acceptance.

17. Contact & Opt‑Out Requests

Privacy & opt‑out requests (General Users only): privacy@mcqexam.com
Research withdrawal requests (Research Participants only): privacy@mcqexam.com (include “Withdrawal Request”)

BY USING MCQexam.COM, YOU AGREE TO THESE TERMS OF USE.

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