1. Acceptance of Terms
By accessing, browsing, or using SmartBankEDU ("the Service", "we", "us", or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and to comply with all applicable laws and regulations. If you do not agree with these Terms, you must not access or use the Service.
2. Definitions
- "Service" refers to the SmartBankEDU platform, including all websites, applications, and related services.
- "User" or "You" refers to any individual or entity that accesses or uses the Service.
- "Content" refers to all information, data, text, questions, files, and materials uploaded, submitted, or created through the Service.
- "Account" refers to the registered account created by a User to access the Service.
3. Description of Service
SmartBankEDU is a comprehensive educational question bank platform designed for educators, institutions, and educational professionals. The Service enables Users to:
- Create, manage, and organize academic questions across multiple subjects and grade levels
- Upload educational materials and generate questions from your content
- Collaborate with other educators through question sharing and review processes
- Generate comprehensive exams and assessments from the question bank
- Track and manage question status, review workflows, and educational content
4. Account Registration and Eligibility
To access certain features of the Service, you must register for an Account. By registering, you represent and warrant that:
- You are at least 18 years old or have obtained parental or guardian consent
- You have the legal capacity and authority to enter into these Terms
- All information provided during registration is accurate, current, and complete
- You will maintain and promptly update your Account information to keep it accurate
You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security.
5. User Responsibilities and Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Violate any applicable local, state, national, or international law or regulation
- Infringe upon or violate our intellectual property rights or the intellectual property rights of others
- Upload, transmit, or distribute any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
- Upload Content that contains viruses, malware, or any other harmful computer code
- Attempt to gain unauthorized access to the Service, other Accounts, or computer systems
- Interfere with or disrupt the Service or servers or networks connected to the Service
- Use automated systems (bots, scrapers) to access the Service without our express written permission
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
- Collect or store personal data about other Users without their consent
You are solely responsible for all Content you create, upload, or submit through the Service. We reserve the right, but are not obligated, to monitor, review, and remove any Content that violates these Terms.
6. Content Ownership and Licensing
Your Content: You retain all ownership rights to Content you create, upload, or submit to the Service. By submitting Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to:
- Use, reproduce, modify, adapt, publish, translate, and distribute your Content for the purpose of operating, promoting, and improving the Service
- Make your Content available to other Users of the Service in accordance with your Account settings and the Service's functionality
Our Content: The Service itself, including its design, features, functionality, logos, trademarks, and all other aspects, is owned by SmartBankEDU or its licensors and is protected by copyright, trademark, and other intellectual property laws.
Third-Party Content: The Service may contain Content provided by other Users or third parties. We do not endorse or assume responsibility for such Content. You acknowledge that you may be exposed to Content that is inaccurate, offensive, or otherwise objectionable.
7. Intellectual Property Rights
All intellectual property rights in the Service, including but not limited to copyrights, trademarks, trade secrets, and patents, are owned by SmartBankEDU or its licensors. These Terms do not grant you any rights to use our trademarks, service marks, logos, or other proprietary identifiers. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.
8. Service Availability and Modifications
We strive to provide continuous, reliable access to the Service, but we do not guarantee that the Service will be available at all times or that it will be error-free. The Service may be temporarily unavailable due to:
- Scheduled maintenance or updates
- Unforeseen technical difficulties
- Force majeure events
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.
9. Disclaimers and Limitation of Liability
Disclaimer of Warranties: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTBANKEDU AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE.
Content Accuracy: We do not guarantee the accuracy, completeness, or quality of any Content available through the Service, including questions generated from uploaded materials. You are responsible for reviewing and validating all Content before using it for educational purposes.
10. Indemnification
You agree to indemnify, defend, and hold harmless SmartBankEDU and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) your Content.
11. Termination
You may terminate your Account at any time by contacting us or using the Account deletion features in the Service.
We reserve the right to suspend or terminate your Account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:
- Your breach of these Terms
- Your violation of any applicable law or regulation
- Your engagement in fraudulent, illegal, or harmful activities
- Extended periods of Account inactivity
Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Changes to Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes, we will provide notice through the Service or by other means. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.
Any disputes arising out of or relating to these Terms or the Service shall be resolved through good faith negotiations. If such negotiations are unsuccessful, disputes shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization], except where prohibited by law.
14. Miscellaneous
- Entire Agreement: These Terms constitute the entire agreement between you and SmartBankEDU regarding the Service.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
- Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
- Assignment: You may not assign or transfer these Terms or your Account without our prior written consent. We may assign these Terms without restriction.
15. Contact Information
If you have any questions, concerns, or requests regarding these Terms of Service, please contact us through the Service's support channels or at the contact information provided in the Service.