In short
These terms are the agreement between Institify, operated by Pxlhut ("we", "us") and the organisation or person using the service ("you"). By creating an account, signing an order or using the service, you agree to them.
If you are accepting for an organisation, you confirm that you are allowed to bind it to these terms.
Contents
- 1.Definitions
- 2.The service
- 3.Accounts and security
- 4.Plans and payment
- 5.Payments centres take from students
- 6.Acceptable use
- 7.Customer data
- 8.AI features
- 9.Intellectual property
- 10.Agencies and the centres they serve
- 11.Confidentiality
- 12.What we promise and what we do not
- 13.Limits on liability
- 14.Ending the agreement
- 15.Changes to these terms
- 16.General
- 17.Governing law and disputes
- 18.Contact
1.Definitions
- Service
- Institify: the website, the staff and student pages, the desktop exam app, the centre website builder and any related support.
- Customer
- A centre or agency that has an account with us.
- Centre
- An organisation that uses the service to run tests or classes for its students.
- Agency
- A customer that offers the service to centres under its own name.
- Users
- Staff and students that a customer allows to use the service.
- Customer data
- Everything a customer or its users put into the service, including students' information, test papers, answers and results.
- Plan
- The subscription a customer chooses, with its price, limits and included credits.
- Credits
- Units included with or bought for a plan that are used up by certain features, such as running modules or AI help in the website builder.
2.The service
We provide the service as described on our website and in your plan. We may improve and change it over time. If we remove a feature that a paid plan depends on, we will tell you in advance.
We aim to keep the service available at all times, but we do not promise it will never be interrupted. We may need to pause it for maintenance, which we will try to schedule away from exam times and announce in advance when we can.
Institify is not affiliated with, or endorsed by, the official IELTS partners. Mock tests and bands given in the service are for practice and preparation. They are not official IELTS results.
3.Accounts and security
- You must give accurate information when you create an account and keep it up to date.
- You are responsible for your users, for what they do in the service, and for keeping their sign-in details private.
- Give each person only the access they need. Tell us straight away if you think an account has been misused.
- Exam computers must be set up by your staff using the desktop app. You are responsible for the computers and the room where tests are taken.
4.Plans and payment
- Prices are shown on our pricing page or in your order. Taxes are added where the law requires.
- Subscriptions are paid in advance for each billing period, such as monthly, quarterly or yearly, and renew automatically until cancelled.
- Subscription payments to us are taken by Stripe. An agency may bill its centres itself, through Stripe, SSLCommerz or bKash.
- If a payment fails, we will tell you and try again. If it is still unpaid, we may limit the account until it is paid. We will not delete customer data because of a late payment without warning you first.
- We may change prices for future billing periods. We will tell you at least 30 days before a change affects you, and you can cancel before it does.
- Credits are used up as described in your plan, which also says whether unused credits carry over to the next billing period. Credits have no cash value.
- Our Refund Policy explains when we give refunds.
5.Payments centres take from students
A centre can connect its own payment account, with EPS or SSLCommerz, to take payments from students and walk-in candidates for course fees and mock test seats.
That money goes to the centre, not to us. The centre is the seller. It is responsible for its prices, receipts, refunds and any complaints from the people who paid it, and for its agreement with its payment provider. We provide the tools that record those payments.
6.Acceptable use
You must not, and must not let anyone else:
- Break the law, or use the service to harm, harass or deceive anyone.
- Upload material you do not have the right to use, such as copied test papers or recordings you are not licensed to use.
- Try to get into accounts, data or parts of the service you are not allowed to reach, or test our security without our written permission (our Security page explains how to report a problem).
- Try to get around the exam computer's lockdown, or help candidates to cheat.
- Overload, disrupt or copy the service, or take it apart to build a competing product.
- Send spam or unwanted messages through the SMS and email features.
- Present a mock test result as an official IELTS result.
If you break these rules, we may suspend the account involved. Where we can, we will warn you first and give you a chance to put it right.
7.Customer data
Customer data belongs to you. You give us permission to store and use it only to provide, secure and support the service for you.
For students' personal information, you are the data controller and we are your data processor. Our Data Processing Agreement forms part of these terms and explains how we handle it.
You are responsible for having the right to put information into the service, including telling students how it will be used and getting any consent needed, such as from a parent or guardian for a student under 18.
You can download your results and score reports while your account is active. When the agreement ends, we will delete customer data as described in the Data Processing Agreement.
8.AI features
Some features use AI, including suggested Writing and Speaking bands, the AI Speaking examiner and the website builder.
AI can make mistakes. Suggested bands are a starting point for your examiner, who must review and confirm or change each one before it is released. You are responsible for the results you release and for the content you publish on your website.
To provide these features, customer data is sent to the AI providers listed in our Privacy Policy.
9.Intellectual property
We own the service, its software and its design. These terms give you the right to use it during your subscription. They do not transfer ownership of anything to you.
You own your test papers, your website content and your other customer data. If you send us suggestions, we may use them to improve the service without owing you anything.
IELTS is a registered trademark of its owners. We use the name only to describe the type of test the service helps you prepare for.
10.Agencies and the centres they serve
An agency may offer the service to centres under its own name. The agency is responsible for its agreements with those centres, for its prices and for supporting them, and must make sure its centres follow rules at least as strict as these terms.
If an agency's account ends, we may offer its centres a way to continue with us directly.
11.Confidentiality
Each of us will keep the other's confidential information private and use it only for this agreement. This does not apply to information that is already public, that was already known, or that the law requires to be disclosed.
12.What we promise and what we do not
We will provide the service with reasonable skill and care.
Apart from that, and as far as the law allows, the service is provided as it is. We do not promise that it will be free of errors, that it will meet every need you have, or that any student will reach a particular band.
13.Limits on liability
Nothing in these terms limits liability that cannot be limited by law, such as for fraud.
Otherwise, neither of us is liable for indirect or unforeseeable losses, or for lost profits, revenue or goodwill.
Our total liability to you in any 12 month period is limited to the amount you paid us for the service in that period.
14.Ending the agreement
- You can cancel your subscription at any time. It stays active until the end of the billing period you have paid for.
- We can end the agreement with 30 days' notice, or straight away if you seriously break these terms and do not fix it within 14 days of our notice.
- When the agreement ends, your access stops. You can ask for a copy of your data before that date or within 30 days after it. We then delete it as set out in the Data Processing Agreement.
- Sections that by their nature should continue, such as payment owed, confidentiality and limits on liability, continue after the agreement ends.
15.Changes to these terms
We may update these terms. If a change is important, we will tell customers at least 30 days before it takes effect. If you do not agree, you can cancel before then. Using the service after the change takes effect means you accept it.
16.General
- These terms, together with your order, the Privacy Policy, the Refund Policy and the Data Processing Agreement, are the whole agreement between us.
- Neither of us is responsible for delays caused by events outside our reasonable control, such as power cuts, network failures or natural disasters.
- You may not transfer this agreement without our consent. We may transfer it to a company that takes over our business.
- If part of these terms cannot be enforced, the rest still applies.
17.Governing law and disputes
These terms are governed by the laws of Bangladesh. If there is a disagreement, we will first try to settle it by talking. If that does not work, the courts of Bangladesh will decide it.
18.Contact
Questions about these terms: [email protected]. Institify, operated by Pxlhut, Bangladesh.