Terms & Conditions

Last updated: January 10, 2025

Please read these terms and conditions carefully before using Our Service.

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 plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Netherlands.
Company (referred to as either "the Company", "We", "Us", or "Our" in this Agreement) refers to TestAce, Online Address: https://www.testace.net/.
Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
Service refers to the Website and any associated applications or services.
Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
Website refers to TestAce, accessible from https://www.testace.net/.
You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

You represent that You are over the age of 16 or that you have obtained parental or guardian consent to access the Service. The Company does not knowingly collect personal data from children under the age of 16 without verifiable parental consent. If We become aware that We have collected personal data from a child under 16 without such consent, We will take steps to remove the information promptly.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with Our Privacy Policy. Please read Our Privacy Policy carefully before using Our Service.

GDPR Compliance and Your Rights

We are committed to complying with the General Data Protection Regulation (GDPR). This section outlines how we handle your data and your rights under the GDPR.

GDPR Principles

We adhere to the following six GDPR principles:

Lawfulness, Fairness, and Transparency: Your personal data will be processed lawfully, fairly, and in a transparent manner.
Purpose Limitation: Data is collected for specified, explicit, and legitimate purposes and not processed further in ways incompatible with those purposes.
Data Minimization: Only data necessary for the purposes described will be collected.
Accuracy: Personal data will be accurate and kept up to date.
Storage Limitation: Data will only be kept for as long as necessary to fulfill its purpose.
Integrity and Confidentiality: Data will be processed in a manner ensuring appropriate security.

Your Rights Under GDPR

As a user of our Service, you have the following rights:

Right to Access: You can request access to your personal data that we process.
Right to Rectification: You can request correction of inaccurate or incomplete data.
Right to Erasure: Also known as the "Right to Be Forgotten," you can request deletion of your data under certain conditions.
Right to Restriction of Processing: You can request restricted processing of your data in certain circumstances.
Right to Data Portability: You can request your data in a structured, commonly used, and machine-readable format for transfer to another service provider.
Right to Object: You can object to certain processing activities, including profiling and direct marketing.

To exercise any of these rights, please contact Us at testacecontact@gmail.com.

Data Retention Policy

We retain personal data only for as long as necessary to provide the Service or comply with legal obligations. Once the data is no longer needed, it is securely deleted.

Data Protection Impact Assessment (DPIA)

We conduct Data Protection Impact Assessments (DPIAs) for high-risk data processing activities to ensure compliance with GDPR and mitigate potential risks to personal data.

Data Processing Agreements

We have Data Processing Agreements (DPAs) in place with all third-party service providers who process personal data on our behalf, ensuring they comply with GDPR requirements.

Employee Awareness and Training

We maintain an internal data protection policy and conduct regular training for employees to ensure awareness and adherence to GDPR principles.

EU Representation for Non-EU Entities

If our organization is based outside the EU, we appoint a representative within one of the EU member states to ensure compliance with GDPR requirements.

Data Breach Notification

In the event of a data breach that compromises your personal data, we will notify you within 72 hours of becoming aware of the breach, in accordance with GDPR regulations.

Automated Decision-Making Safeguards

We ensure that users are protected against decisions made purely by automated processes. Where applicable, we provide avenues for users to request human intervention or challenge automated decisions.

Supervisory Authority

If you believe your data protection rights have been violated, you have the right to lodge a complaint with the relevant supervisory authority in the Netherlands or your local data protection authority.

Accounts

When You create an account with Us, You must provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account.
You are responsible for safeguarding the password You use to access the Service and for any activities or actions under Your password.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
We reserve the right to disable or delete inactive accounts after a prolonged period of inactivity.
We reserve the right to disable or delete all accounts after 6 years, unless proof that the student is still undergoing the course is provided.

Purchases of Digital Goods

The Service may include the ability to purchase digital goods such as past paper and mock exam question banks. By making a purchase, You agree to provide accurate payment information and acknowledge that all sales are final and non-refundable unless otherwise stated.
Access to purchased materials is limited to Your account and may not be shared, distributed, or resold.
If there are any issues with accessing purchased materials, please contact Us for assistance. We will endeavor to resolve such issues promptly.

Subscription Plans and Free Trials

The Service may offer subscription plans, which grant access to specified materials and features for a recurring fee. Subscriptions will automatically renew unless canceled prior to the renewal date.
Free trials may be offered at Our sole discretion. If not canceled before the trial period ends, You will be charged for the subscription.
You can cancel your subscription at any time through your account settings. Upon cancellation, You may continue to access the subscription benefits until the end of the current billing cycle.
We reserve the right to modify subscription fees, benefits, or terms at any time, with reasonable notice to active subscribers.

Sales and Promotions

We may offer discounts, promotional offers, or sales from time to time. All promotions are subject to specific terms and may not be combined unless explicitly stated.
Promotional pricing is valid only for the duration of the promotion and cannot be applied retroactively.
Misuse of promotions or discounts, such as creating multiple accounts to gain additional benefits, may result in the suspension of Your account.

Processing Personal Data of Minors

If You are under the age of 16, You may only access and use the Service with the consent of a parent or legal guardian.
We comply with the GDPR requirements for processing personal data of minors under the age of 16. Consent for processing the personal data of a child under 16 must be provided by a parent or legal guardian.
If We provide services directed at children under the age of 16 that involve processing personal data, We will require verifiable parental or guardian consent before collecting, using, or storing such data.
If You are a parent or guardian and believe that Your child under 16 has provided personal data to Us without Your consent, please contact Us immediately, and We will delete the information.

Intellectual Property

The Service and its content (excluding content provided by You or third parties), including but not limited to text, images, trademarks, logos, and software, are and will remain the exclusive property of the Company and its licensors.
You may not copy, modify, distribute, sell, or lease any part of the Service or its content without Our prior written consent.
All trademarks, service marks, and logos used in connection with the Service are Our trademarks or those of Our licensors.

Feedback and Suggestions

Any feedback, comments, or suggestions You provide regarding the Service may be used by Us without obligation to compensate You. By submitting feedback, You grant Us the right to use it for any purpose.
Feedback provided by You must not contain confidential or proprietary information.

Termination

We may terminate or suspend Your access to the Service immediately, without prior notice or liability, if You breach these Terms.
Upon termination, Your right to use the Service will cease immediately.
In the event of termination, any outstanding fees or amounts owed by You shall remain due and payable.

Limitation of Liability

To the maximum extent permitted by applicable law, the Company shall not be liable for indirect, incidental, special, or consequential damages arising from Your use of the Service.
Our liability shall not exceed the amount paid by You to use the Service or 100 USD, whichever is less.
Some jurisdictions do not allow certain liability limitations, so these limitations may not apply to You.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind. The Company makes no warranties regarding the accuracy, reliability, or availability of the Service.

Payments Policy

This Payments and Transactions Policy outlines the terms governing payments, subscriptions, and related transactions for services provided by TestAce. By making a purchase or subscription, You agree to the terms detailed in this Policy. Please read it carefully.

1. Accepted Payment Methods

We accept the following payment methods:

Credit and debit cards (Visa, MasterCard, American Express, etc.)
PayPal
Other payment methods as displayed during the checkout process

All payments are processed securely through third-party providers, and we do not store sensitive payment details, such as full credit card numbers.

2. Pricing and Taxes

All prices are displayed in Euros (EUR) unless otherwise stated.
Prices may be subject to applicable taxes, including VAT, GST, or other local taxes. These will be calculated and displayed at checkout, where applicable.
TestAce reserves the right to correct typographical errors in pricing and to adjust prices for our services at any time. However, such changes will not affect any purchases already completed.

3. Purchases of Digital Goods

All purchases of digital goods, including past paper and mock exam question banks, are final and non-refundable.
Digital products will be accessible through your TestAce account after payment confirmation. Access is limited to your account and may not be shared, distributed, or resold.
If you experience issues accessing your purchased digital goods, please contact us at testacecontact@gmail.com for support.

4. Subscriptions

Subscriptions grant access to specified materials and features on a recurring basis (e.g., monthly or annually). Subscription fees will be charged at the start of each billing cycle.
Cancellation Policy: Subscriptions can be canceled at any time via your account settings. To avoid being charged for the next billing cycle, cancellations must be made before the renewal date.
Upon cancellation, You will retain access to subscription benefits until the end of the current billing cycle. No partial refunds will be issued for unused time.
Free trials, if offered, will automatically convert to a paid subscription at the end of the trial period unless canceled beforehand.

5. Refund Policy

Digital Goods: As stated above, all sales of digital goods are final and non-refundable.
Subscriptions: No refunds will be issued for canceled subscriptions. Access will remain active until the end of the billing cycle.

6. Payment Security

All transactions are processed through secure third-party payment gateways that comply with industry standards for encryption and data protection.
TestAce does not store sensitive payment details. Please refer to the payment provider’s policies for additional security information.

7. Payment Failures

If a payment fails, You will be notified, and We may attempt to process the payment again. If the issue persists, access to paid features or subscriptions may be suspended until the payment is resolved.
You are responsible for ensuring that Your payment information is accurate and up to date.

8. Disputes and Chargebacks

If You believe there has been an error with Your payment, please contact us at testacecontact@gmail.com to resolve the issue before initiating a chargeback.
Filing unjustified chargebacks may result in the suspension or termination of Your account. TestAce reserves the right to contest chargebacks that are deemed fraudulent or unfounded.

9. Currency and Conversion Fees

Transactions are processed in Euros (EUR). If your payment method uses a different currency, conversion fees may apply, and these are Your responsibility.
Please check with your payment provider for information about conversion rates and fees.

10. Right to Modify Payment Terms

TestAce reserves the right to modify payment terms, including prices, billing methods, and refund policies, at any time. Changes will be communicated to active users in advance where applicable.

Governing Law

These Terms shall be governed by the laws of the Netherlands, without regard to conflict of law principles.

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first attempt to resolve it informally by contacting Us.