Terms of service

1. The service

1. Medhank lets organizations write assessments, invite candidates, deliver proctored tests in the browser, mark them and publish results.
2. Features described on medhank.com as planned or “coming soon” are not part of the service until they are released.
3. We may change, add or remove features. We will give organizations reasonable notice before removing a feature they rely on.

2. Accounts

1. An organization registers, and we verify it, before it can invite anyone. The person who registers confirms they are authorised to accept these terms for the organization.
2. Candidates cannot sign up on their own. They receive access through an invitation from an organization, sent to their email address.
3. Keep your sign-in details and second factor to yourself. You are responsible for what happens under your account until you tell us it has been compromised.
4. Give accurate information, and keep it up to date.

3. Organizations’ responsibilities

1. For the personal data of the candidates it invites, the organization is the Data Fiduciary and Medhank is its Data Processor. Our data processing agreement forms part of these terms and governs that processing.
2. The organization is responsible for having a lawful basis to assess and proctor its candidates, for telling them what it will check, and — where a candidate is under 18 and the law requires it — for obtaining a parent or guardian’s verifiable consent.
3. The organization chooses each test’s proctoring policy, including any rule that ends an attempt automatically, and remains responsible for decisions it makes about candidates. Proctoring signals help a person review a sitting; they are not findings of misconduct.
4. The organization is responsible for the content it adds — questions, instructions, images — and confirms it has the right to use it.
5. If the organization switches on the connector for its teachers’ AI assistants, it tells its teachers which kinds of account they may use and that they must declare their account truthfully when connecting, and it tells Medhank truthfully whether its candidates may be under 18, both for the organization as a whole and for any test where it sets this itself.

4. Candidates

1. Sit tests honestly and under the conditions your organization set. Do not try to get around the proctoring, impersonate someone else or let someone sit a test for you.
2. Your organization, not Medhank, decides your result and any action about a flagged sitting. Take questions about a result or a flag to them first.

5. Acceptable use

Everyone using Medhank must follow the acceptable use policy. We may suspend access that breaks it, as clause 10 describes.

6. Content and ownership

1. Organizations keep all rights in their content and their candidates’ answers. They give Medhank permission to host, copy and display that content only to provide the service to them.
2. Medhank keeps all rights in the software, the design and the Medhank name and marks. Nothing in these terms transfers them.
3. If you send us feedback or a suggestion, we may use it without owing you anything. Testimonials are different: we publish those only with the author’s consent, and take them down when it is withdrawn.

7. Price

Medhank is free to use for now. There are no charges, and we do not collect payment details. When a paid plan is introduced, its price and what it includes will be published before anyone is asked to pay, and nothing already free will be charged for without your agreement.

8. Availability

We work to keep Medhank available and to protect a sitting in progress — answers are saved on the candidate’s device and our servers as they are given. But while the service is free, we do not promise any particular availability or response time, and planned maintenance will avoid scheduled sittings where we know of them.

9. Privacy and confidentiality

How we handle personal data is described in the privacy policy. We keep each organization’s unpublished tests and results confidential, and access them only to provide support, when asked, with that access recorded.

10. Suspension and ending

1. You can stop using Medhank at any time. An organization can ask us to close its account and delete its data, as the data processing agreement describes.
2. We may suspend access immediately to stop a security threat, a breach of the acceptable use policy, or unlawful activity, and will explain why unless the law prevents us.
3. We may end these terms with an organization on 30 days’ notice. It can export its results in that time.

11. Disclaimers and liability

1. Medhank is provided “as is”. No proctoring system can detect every attempt to cheat, and none is free of false alarms; that is why a person decides.
2. To the extent the law allows, Medhank is not liable for indirect or consequential loss, and its total liability under these terms is limited to the fees the organization paid Medhank in the 12 months before the event giving rise to the claim.
3. Nothing in these terms limits liability that cannot be limited by law.

12. Changes to these terms

We will publish changes here and, for a change that matters, tell organizations by email at least 30 days before it applies. Continuing to use Medhank after that means accepting the change.

13. Law and disputes

These terms are governed by the laws of India. The courts at Jhunjhunu, Rajasthan have exclusive jurisdiction. Before going to court, please raise the issue through our grievance process; most things are resolved there.

14. Contact

The Regiment, registered office NH-11, Ward no. 25, Ambika Nagar, Chirawa, Rajasthan 333026, India, with its office at D-63, Kalwar Road, Kardhani, Jhotwara, Jaipur, Rajasthan 302012, India. Email: [email protected].