These Terms of Use ("Terms") govern your access to and use of the TestQuest website located at https://testquest.org and the TestQuest mobile and web applications (collectively, the "Service"). The Service is provided by SIT Enterprises LLC, an Indiana limited liability company ("TestQuest," "we," "us," or "our").
By creating an account, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy, available at https://testquest.org/privacy, which is incorporated into these Terms by reference. If you do not agree to these Terms, do not use the Service.
1. Eligibility
You must be at least 13 years old to create an account or use the Service. Individuals under 13 are not permitted to use the Service under any circumstances.
If you are between the ages of 13 and 17, you represent and warrant that (a) you have obtained permission from a parent or legal guardian to use the Service and to agree to these Terms on your own behalf, and (b) your parent or legal guardian has reviewed and accepted these Terms. We do not independently verify parental permission and rely on your representation.
By using the Service, you represent that you have the legal capacity to enter into these Terms and that you are not barred from using the Service under the laws of your jurisdiction.
2. Accounts
To access most features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us promptly at info@testquest.org of any unauthorized access to or use of your account.
We reserve the right to refuse registration, reclaim usernames, and require changes to account information at our discretion.
3. The Service
TestQuest provides SAT test preparation materials, including practice questions, study tools, performance tracking, and related features. The Service may include interactive features that allow users to challenge one another on practice content. The Service does not include direct messaging or communication features between users beyond the challenge functionality.
We may add, modify, suspend, or discontinue any feature of the Service at any time without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.
4. Free and Paid Features
The Service is offered on a freemium basis, meaning certain features are available at no cost and others require payment. We may offer paid features, subscriptions, upgrades, or other paid options (collectively, "Paid Features") at prices and on terms that we establish and may change from time to time.
When you purchase a Paid Feature, you agree to pay all fees and applicable taxes, and you authorize us (or our payment processor) to charge your selected payment method. The specific terms applicable to a Paid Feature — including whether it is a one-time purchase, a recurring subscription, auto-renewing, or includes a trial period — will be disclosed to you at the point of purchase. By completing a purchase, you agree to those terms in addition to these Terms.
We may change prices, introduce new fees, discontinue Paid Features, or modify the scope of Paid Features at any time. Where changes affect a recurring subscription you have already purchased, we will provide notice consistent with applicable law and the terms disclosed at purchase.
If you purchase a Paid Feature through a third-party platform (for example, an app store), additional terms from that platform may apply, and billing, renewal, and cancellation may be handled by that platform.
5. Refunds
Refund requests are evaluated on a case-by-case basis at our sole discretion. Except as required by applicable law or the terms disclosed at the point of purchase, we are under no obligation to provide refunds or credits. To request a refund, contact us at info@testquest.org.
If you purchased a Paid Feature through a third-party platform, refund requests may need to be directed to that platform in accordance with its policies.
6. Acceptable Use
You agree not to, and not to attempt to:
- Use the Service for any unlawful purpose or in violation of these Terms;
- Cheat, manipulate, or interfere with challenges, scoring, leaderboards, or other user-facing features;
- Use bots, scrapers, crawlers, or other automated means to access the Service or collect content from it;
- Reverse engineer, decompile, or attempt to extract source code from the Service, except to the extent such restriction is prohibited by law;
- Copy, reproduce, distribute, publish, or resell any content from the Service, except as expressly permitted;
- Access the Service through any means other than the interfaces we provide;
- Impersonate another person or misrepresent your affiliation with any person or entity;
- Upload or transmit viruses, malware, or other malicious code;
- Interfere with or disrupt the Service, servers, or networks connected to the Service;
- Use the Service to harass, abuse, or harm another user;
- Create an account for anyone other than yourself, or create multiple accounts to circumvent restrictions;
- Use any username that is offensive, infringing, impersonating, or otherwise objectionable as determined by us.
7. User-Submitted Information
When you use the Service, you may provide information such as a username, profile details, and performance data generated through use of the Service (collectively, "User Content"). You retain ownership of your User Content. You grant TestQuest a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, and create derivative works from your User Content for the purpose of operating, providing, and improving the Service.
You represent and warrant that you have all rights necessary to grant this license and that your User Content does not violate any third-party rights or applicable law.
8. Intellectual Property
The Service, including all practice questions, explanations, study materials, software, text, graphics, logos, and other content (other than User Content), is owned by TestQuest or its licensors and is protected by copyright, trademark, and other intellectual property laws. All practice questions and related educational content provided through the Service are written in-house by TestQuest.
Subject to your compliance with these Terms, TestQuest grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial SAT preparation purposes. No other rights are granted to you, whether by implication, estoppel, or otherwise.
"TestQuest" and the TestQuest logo are trademarks of SIT Enterprises LLC. You may not use these marks without our prior written consent.
9. Third-Party Trademarks
SAT® is a trademark registered by the College Board, which is not affiliated with TestQuest and does not endorse, sponsor, or administer the Service. All references to the SAT are for descriptive and nominative fair-use purposes only. Other trademarks referenced on the Service are the property of their respective owners.
10. Disclaimers
THE SERVICE AND ALL CONTENT, FEATURES, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, TESTQUEST DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.
Without limiting the foregoing, TestQuest does not warrant or guarantee that:
- The Service will meet your requirements or be available, uninterrupted, secure, or error-free;
- Any content, explanation, hint, practice question, score estimate, study recommendation, or other output provided through the Service is accurate, complete, current, reliable, or suitable for any particular purpose;
- Use of the Service will result in any particular SAT score, score improvement, college admission outcome, or other educational result.
You acknowledge that the Service is intended as a study aid only and should not be relied upon as the sole source of preparation for the SAT or any other examination. You are solely responsible for evaluating the suitability of the content and features of the Service for your own use.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TESTQUEST, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TESTQUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, TESTQUEST'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO TESTQUEST FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the limitations above may not apply to you.
12. Indemnification
You agree to indemnify, defend, and hold harmless TestQuest, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; or (d) any User Content you submit.
13. Dispute Resolution; Arbitration; Class Action Waiver
Please read this Section carefully. It affects your legal rights.
13.1 Agreement to Arbitrate
You and TestQuest agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") will be resolved by binding individual arbitration, rather than in court, except that (a) you or TestQuest may bring an individual claim in small-claims court if the claim qualifies and remains in that court; and (b) either party may seek injunctive or other equitable relief in court to prevent actual or threatened infringement or misappropriation of intellectual property rights.
13.2 Arbitration Procedure
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, as modified by these Terms. The AAA's rules are available at www.adr.org. The arbitration will be conducted by a single arbitrator. The seat of arbitration will be St. Joseph County, Indiana, but the arbitrator may conduct proceedings by telephone, videoconference, or in person as appropriate. The arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
13.3 Class Action Waiver
YOU AND TESTQUEST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
13.4 Opt-Out
You may opt out of this Section 13 by sending written notice to info@testquest.org within 30 days after you first accept these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.
13.5 Severability
If the class action waiver in Section 13.3 is found to be unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court, while the remaining claims will proceed in arbitration.
13.6 Survival
This Section 13 will survive termination of these Terms or your account.
14. Termination
We may suspend or terminate your account or access to the Service at any time, with or without notice, for any reason or no reason, including if we believe you have violated these Terms, engaged in cheating or fraudulent activity, or created risk or possible legal exposure for TestQuest or other users. You may stop using the Service and delete your account at any time.
Upon termination, your right to use the Service will immediately cease. Sections of these Terms that by their nature should survive termination (including Sections 8–13 and 15–17) will survive.
15. Changes to These Terms
We may modify these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms on the Service and updating the "Last Updated" date above, and where appropriate we will provide additional notice (such as by email or in-app notification). Your continued use of the Service after the effective date of any updated Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.
16. Governing Law
These Terms and any Dispute arising out of or relating to them or the Service are governed by the laws of the State of Indiana, without regard to its conflict-of-laws principles. Subject to Section 13, you and TestQuest agree to the exclusive jurisdiction of the state and federal courts located in St. Joseph County, Indiana for any matter not subject to arbitration.
17. Miscellaneous
Entire Agreement. These Terms, together with the Privacy Policy and any terms disclosed at the point of purchase for Paid Features, constitute the entire agreement between you and TestQuest regarding the Service and supersede all prior agreements.
Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
No Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.
Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms at any time without notice to you.
No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.
Notices. We may provide notices to you by email, through the Service, or by posting on the Service. You may provide notices to us at info@testquest.org.
18. Contact
If you have questions about these Terms, please contact us at:
SIT Enterprises LLC
Email: info@testquest.org
Website: https://testquest.org