Terms of Service

1) Definitions

• "Customer": an organization that subscribes to or uses the Services for its team.
• "Authorized User": an individual permitted to use the Services under a Customer account (including admins and exam takers).
• "Customer Data": data submitted to the Services by or on behalf of a Customer, including exam content created by the Customer and certification workflow records.
• "NDTCertify Content": the Services, software, interface, and documentation provided by NDTCertify, excluding Customer Data.
• "Order": an order form, subscription checkout, or other ordering document describing fees and plan details (if applicable).

2) The Services

NDTCertify provides tools designed to help Customers:

• build and customize exams,
• administer exams with standardized delivery and scoring,
• maintain centralized records and reporting for traceability and audit readiness, and
• reduce administrative overhead and improve exam security.

Important: NDTCertify is a platform provider. Unless explicitly stated in a written Order, NDTCertify is not acting as your certifying body, auditor, or legal/compliance advisor. Customers remain responsible for certification decisions, procedures, and compliance with applicable standards, codes, and regulations.

3) Accounts, Access, and Responsibilities

A. Registration and accuracy: You may need an account to use the Services. You agree to provide accurate information and keep it updated.

B. Credentials and security: You are responsible for safeguarding login credentials and for all activity under your account. Notify us promptly if you suspect unauthorized access.

C. Customer administrators: If you use the Services under a Customer account, Customer administrators may manage users and roles, configure settings, access records and reports, and export Customer Data.

4) Acceptable Use

You agree not to:

• use the Services in violation of applicable laws or regulations;
• attempt to gain unauthorized access to any account, data, or system;
• interfere with security features, exam controls, or audit logs;
• introduce malware or attempt to disrupt the Services;
• reverse engineer, decompile, or attempt to derive source code except as permitted by law;
• copy, scrape, or bulk-extract NDTCertify Content except as allowed by intended functionality or a written agreement;
• upload or transmit unlawful, infringing, or harmful content.

We may suspend or terminate access for violations.

5) Exam Integrity and Confidentiality

Because the Services support secure exam delivery and standardized scoring:

• Exam content and assessment materials may be treated as confidential by Customers and/or NDTCertify.
• Exam takers must not copy, photograph, record, distribute, or disclose exam content unless explicitly authorized by the Customer.
• You must not attempt to bypass time limits, access controls, randomized question logic, or other integrity mechanisms.

We may investigate suspected tampering or misuse. Customers may also have their own policies and consequences.

6) Customer Data and Licenses

A. Ownership: As between NDTCertify and Customer, Customer owns Customer Data, subject to any third-party rights.

B. License to NDTCertify: Customer grants NDTCertify a limited, worldwide, non-exclusive license to host, process, transmit, and display Customer Data only as necessary to provide, secure, and improve the Services and as otherwise permitted by Customer instructions, these Terms, and applicable law.

C. Customer responsibilities: Customer is responsible for:

• obtaining required consents and permissions to upload and process Customer Data,
• ensuring Customer Data is accurate and appropriate,
• configuring access controls (roles/permissions), and
• meeting applicable retention, recordkeeping, and audit requirements.

7) NDTCertify Intellectual Property

NDTCertify and its licensors retain all rights, title, and interest in NDTCertify Content. These Terms grant you a limited, revocable, non-transferable right to use the Services during the applicable subscription term (or permitted use period), in accordance with these Terms.

8) Feedback

If you provide feedback, suggestions, or ideas, you grant NDTCertify the right to use them without restriction or obligation, without compensation.

9) Subscriptions, Fees, and Billing (if applicable)

If the Services require payment:

• Fees, billing terms, and subscription details will be described in an Order or during checkout.
• Fees are generally non-refundable except as required by law or explicitly stated in an Order.
• You are responsible for applicable taxes, except taxes based on NDTCertify's net income.

If payment is past due, we may suspend access after reasonable notice.

10) Trials and Beta Features (if offered)

Trials or beta features may be offered "as-is," may change, and may be discontinued at any time unless otherwise stated.

11) Confidentiality (Business Users)

Each party may receive confidential information from the other. The receiving party will use confidential information only to perform under these Terms, protect it using reasonable care, and not disclose it except to those who need to know and are bound by confidentiality obligations.

12) Privacy

Our Privacy Policy describes how we collect and use information. By using the Services, you acknowledge information will be handled as described in the Privacy Policy.

13) Availability, Changes, and Support

We aim to keep the Services reliable, but we do not guarantee uninterrupted availability. We may modify, update, or discontinue portions of the Services. Where reasonable, we will provide notice of material changes that adversely affect core functionality.

Support (if any) will be provided as described in an Order or support materials.

14) Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." NDTCERTIFY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

NDTCertify does not warrant that use of the Services will guarantee any audit outcome or acceptance by any third party.

15) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• NDTCERTIFY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.
• NDTCERTIFY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO NDTCERTIFY FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR IF NO FEES WERE PAID, $100 USD.

Some jurisdictions do not allow certain limitations, so some of the above may not apply.

16) Indemnification

You agree to indemnify and hold harmless NDTCertify from claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from:

• your misuse of the Services,
• Customer Data you submit or upload,
• your violation of these Terms or applicable law, or
• infringement caused by Customer Data.

17) Term and Termination

These Terms remain in effect while you use the Services.

We may suspend or terminate access:

• if you violate these Terms,
• to protect the security or integrity of the Services,
• if required by law, or
• for nonpayment (if applicable), after reasonable notice where appropriate.

Upon termination, your right to access the Services ends. Sections that by their nature should survive will survive (including IP, confidentiality, disclaimers, limitation of liability, and dispute provisions).

18) Governing Law and Venue

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law principles.

Any dispute arising out of or related to these Terms or the Services will be brought in the state or federal courts located in Maricopa County, Arizona, and each party consents to personal jurisdiction and venue there, unless applicable law provides otherwise.

19) Changes to These Terms

We may update these Terms from time to time. The Effective Date reflects the latest revision. If changes are material, we may provide notice through the Services or other reasonable means. Continued use after the Effective Date means you accept the updated Terms.

20) Contact