Terms & Conditions

1. Introduction

These Terms & Conditions ("Terms") are a binding legal agreement between you ("you", "your", "User") and Examaker, an unregistered business operated by Subash Venkatesh ("Founder") ("Examaker", "we", "us", "our"), governing your access to and use of the Examaker website, web application, and any related services (collectively, the "Platform"). By creating an account, clicking "I agree", or otherwise using the Platform, you accept these Terms in full. If you do not agree, you must not use the Platform.

These Terms are made available in English. Where any translated version is provided for convenience, the English version prevails in case of conflict.

2. Our Service

Examaker provides AI-assisted tools for teachers and educational institutions to create, edit, manage, and export question papers for TN State Board curricula. The Platform draws candidate questions from a curated question bank and, where a teacher enables it, from questions the teacher has authored themselves, and assembles them into a print-ready document according to a chosen exam template. Examaker does not guarantee that any specific question, topic, or paper format will be available at all times, and the question bank, templates, and features may be added, changed, or withdrawn at our discretion.

3. Eligibility

You must be:

• At least 18 years of age and capable of entering into a binding contract under the Indian Contract Act, 1872, or
• An authorised representative of a school, trust, or educational institution using the Platform on that institution's behalf, with actual authority to bind that institution to these Terms.

The Platform is built for use by teachers and school administrators. It is not directed at, and must not be used directly by, children under 18. Where a question paper or content produced through the Platform concerns or is intended for students who are minors, the teacher or institution remains solely responsible for appropriate supervision, use, and distribution of that content — Examaker has no relationship with, and collects no personal data directly from, any student.

By using Examaker, you confirm that all information you provide (including your name, mobile number, school name, and billing details) is true, current, and accurate, and you agree to keep it updated.

4. Account & Access

Examaker accounts are created and authenticated using your WhatsApp-verified mobile number (OTP login) — there is no separate password to manage.

• You are responsible for maintaining control of the mobile number linked to your account and for all activity that occurs under your account.
• Notify us immediately at support@examaker.com if you lose access to your linked mobile number or believe your account has been compromised.
• For School/Custom plans, the account owner (admin) may add staff seats under their account; the owner is responsible for the conduct of every staff account added under it, and for ensuring only authorised staff members are given access.

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent or abusive behaviour, or pose a security risk to the Platform or other users, with or without prior notice where urgency requires it.

5. Payments & Subscriptions

• Current subscription plans, pricing, and paper allowances are listed on our Pricing page and may be updated from time to time; the price shown at checkout is the price you will be charged for that billing cycle.
• All amounts are in Indian Rupees (₹) and are exclusive of applicable taxes unless stated otherwise; GST is added at checkout where applicable, based on the billing/GST details you provide.
• Payments are securely processed through Razorpay, our third-party, RBI-authorised payment aggregator. Examaker never stores your full card, UPI PIN, or net-banking credentials — these are handled entirely within Razorpay's PCI-DSS compliant systems.
• By subscribing to a monthly plan, you authorise Razorpay to set up a UPI AutoPay / e-mandate for recurring charges on your chosen billing cycle, in accordance with the Reserve Bank of India's e-mandate framework for recurring payments. Your bank or UPI app will send you a pre-debit notification at least 24 hours before each recurring charge, during which you may choose to opt out of that specific charge or cancel the mandate entirely through your bank/UPI app or by contacting us.
• Yearly plans and School plan seats are billed as a single upfront charge for the full billing period (12 months) and do not use a recurring mandate unless explicitly stated at checkout.
• Your subscription auto-renews at the end of each billing cycle at the then-current price for your plan, unless you cancel before the renewal date. You will not be charged twice for the same billing period.
• Paper credits expire at the end of each billing period. Unused credits do not carry over, roll over, or accumulate into the next period.
• If a payment fails, is disputed, or a subscription lapses, access to paid features is restricted (and the account reverts to Trial-level access) until the outstanding payment is resolved. We do not suspend access mid-cycle for a renewal that is still in a bank-side retry window.
• Refunds, cancellations, and the subscription pause facility are governed by our Refund & Cancellation Policy, which forms part of these Terms.

6. AI-Generated Content & Accuracy

Examaker uses a curated question bank together with automated selection logic to assemble question papers. While we take reasonable steps to keep the underlying content accurate and exam-pattern-appropriate, question papers are generated programmatically and may occasionally contain errors, omissions, or inconsistencies (e.g. formatting, numbering, or a rare mismatched answer key). You are solely responsible for reviewing every generated paper for accuracy, completeness, and appropriateness before using it for any actual examination, assessment, or assignment. See our Disclaimer for further detail.

7. User Content

You retain ownership of all questions you author and question papers you generate on Examaker ("Your Content"). By creating, uploading, or generating content on the Platform, you grant Examaker a limited, non-exclusive, royalty-free licence to host, store, process, reproduce, and display Your Content solely to the extent necessary to operate, maintain, and improve the Platform for you (e.g. rendering your saved papers, regenerating a paper from saved settings). This licence ends when you delete the relevant content or your account, subject to standard backup-retention periods described in our Privacy Policy.

You agree not to upload, author, or generate through the Platform:

• Unlawful, defamatory, obscene, or plagiarised content
• Content that infringes any third party's intellectual property or other rights
• Any material intended to harass, exploit, or cause harm to students or other minors
• Malicious code, or content intended to disrupt or gain unauthorised access to the Platform

We may remove content that violates these Terms and, where required by law, report unlawful content to the appropriate authorities.

8. Intellectual Property

All rights, title, and interest in the Examaker name, logo, brand, website and application design, source code, question bank (excluding questions authored by you), templates, and all other Platform content not constituting Your Content are the exclusive property of Examaker or its licensors, protected under the Copyright Act, 1957, the Trade Marks Act, 1999, and other applicable Indian and international intellectual property laws. Nothing in these Terms grants you any right to use Examaker's trademarks, logos, or branding without our prior written consent.

Copyright complaints: if you believe content on the Platform infringes your copyright, write to support@examaker.com with (a) a description of the copyrighted work, (b) the specific content and location on the Platform, (c) your contact details, and (d) a statement of good-faith belief that the use is unauthorised. We will investigate and take appropriate action, which may include removing the content.

9. Prohibited Use

• Reverse-engineering, decompiling, or attempting to extract the source code or question bank of the Platform
• Unauthorised access attempts, scraping, or automated bulk extraction of Platform content
• Circumventing plan limits, paper credits, or feature gates through technical means
• Reselling, sublicensing, or providing third-party access to the Platform without our written consent
• Using Examaker for any unlawful, fraudulent, or unethical purpose

10. Disclaimer of Warranties

The Platform is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement, to the maximum extent permitted by applicable law. We do not guarantee that the Platform will be uninterrupted, error-free, or secure at all times.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

• Examaker shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or academic outcomes, arising out of or related to your use of the Platform.
• Examaker is not responsible for data loss caused by your device, browser, internet connectivity, or actions taken by you (including deleting your own content).
• Examaker is not responsible for misinterpretations, errors, or omissions in AI-generated or question-bank content that you fail to review before use (see Section 6).
• Our total aggregate liability arising out of or relating to these Terms or the Platform, for any cause whatsoever, shall not exceed the total amount you paid to Examaker in the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms limits or excludes liability that cannot lawfully be limited or excluded under applicable Indian law, including liability for fraud or wilful misconduct.

12. Indemnification

You agree to indemnify and hold Examaker, its founders, employees, and affiliates harmless from any claim, demand, loss, or damage (including reasonable legal fees) arising out of: (a) Your Content, (b) your breach of these Terms, or (c) your use of the Platform in a manner not permitted by these Terms.

13. Termination

We may suspend or terminate your access if these Terms are violated, with notice where reasonably practicable. You may request deletion of your account at any time by contacting support@examaker.com — see our Privacy Policy for how account deletion and the recovery window work. Sections 5 (to the extent charges have already accrued), 7, 8, 10, 11, 12, 15, and 16 survive termination of your account or these Terms.

14. Force Majeure

Examaker will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, internet or telecommunications outages, actions of government authorities, or failures of third-party infrastructure providers (including Supabase, Vercel, Razorpay, or MSG91).

15. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict-of-law principles. Subject to Section 16 (Grievance Redressal), any dispute arising out of or relating to these Terms or the Platform shall be subject to the exclusive jurisdiction of the courts at Coimbatore, Tamil Nadu, India.

16. Grievance Redressal

In accordance with the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020, and the Information Technology Act, 2000, the details of our Grievance Officer are provided below. You may also approach the National Consumer Helpline or the applicable Consumer Disputes Redressal Commission for any unresolved consumer grievance.

17. General Provisions

• Severability: If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.
• Waiver: Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment: You may not assign or transfer your rights under these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Entire Agreement: These Terms, together with our Privacy Policy and Refund & Cancellation Policy, constitute the entire agreement between you and Examaker regarding the Platform.
• Notices: We may provide notices to you via the email or mobile number associated with your account, or by posting on the Platform.

18. Changes to Terms

We may update these Terms periodically to reflect changes in our service, legal requirements, or business practices. Material changes will be notified to you via email, WhatsApp, or an in-app notice at least 7 days before taking effect where practicable. Updated versions will be posted here with a new "Last Updated" date. Continued use of the Platform after a change takes effect constitutes acceptance of the revised Terms.

19. Contact

For any questions or concerns about these Terms, contact us at: support@examaker.com