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TERMS OF USE

Last Updated: June 2026

Welcome to MonitorEDU. These Terms of Use ("Terms") govern your access to and use of our website, applications, and online live proctoring services (collectively, the "Service").

By accessing or using the Service—whether as an institutional partner, administrator, educator, or test-taker ("User", "you", or "your")—you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

1. Description of Service

We provide live and automated online proctoring services on behalf of educational institutions, professional licensing boards, and certification bodies (each an "Examining Authority"). Our Service monitors test-takers during examinations to ensure academic and professional integrity using live proctors, live audio/video/screenshare streams and recordings, and browser-locking technologies where applicable.

2. Eligibility & Account Security

  • Age Requirements: If you are under the age of 18 (or the age of majority in your jurisdiction), you may only use this Service with the explicit consent and supervision of a parent, legal guardian, or through an agreement with an educational institution that has obtained necessary parental consent.
  • Account Responsibility: Where accounts are applicable, you are responsible for maintaining the confidentiality of your account credentials. Any activity occurring under your account is your responsibility. You agree to notify us immediately of any unauthorized use of your account.

3. System Requirements & Technical Standards

To utilize our online proctoring Service, your device and testing environment must meet our minimum technical specifications.

  • Hardware & Software: You are solely responsible for procuring a compatible computer, a functioning webcam, a microphone, and a stable, high-speed internet connection. Additionally, you are solely responsible for procuring a secondary device such as a mobile phone, tablet, or second computer with a functioning camera and microphone also connected to a stable internet connection when required.
  • Testing Environment: You are responsible for maintaining a quiet and isolated testing environment. For a full description of the testing environment rules please visit https://monitoredu.com/faq. 
  • Updates: You may be required to install browser extensions or desktop applications. Failure to download necessary updates or software may prevent you from completing your examination. We are not responsible for exam disruptions caused by your hardware or internet failure.

4. Testing Rules & Conduct Code

When taking a proctored examination, you agree to adhere to the rules established by your Examining Authority, as well as the following universal Service rules:

Room Setup

  • Private Space: The room should be private, with no one else present during the exam.
  • Cameras: Only cameras being used for proctoring are allowed. No other cameras are permitted.
  • Bookcases: All bookcases or shelves must be covered to ensure there are no hidden cameras.
  • Clutter: The room should be free of clutter or unnecessary items.
  • Lighting: The room should be well-lit, with no glare from windows or other light sources.
  • Noise: The environment should be quiet, with no ambient noise (e.g., music, TV, etc.).

Desk/Test Area

  • Surface: The test must be taken on a hard, flat surface such as a desk, table, or counter.
  • Seating: Candidates should be seated on a chair, bench, or other hard, flat surface.
  • Prohibited Areas: Testing on beds, sofas, recliners, or other areas where items can be easily hidden is not allowed.
  • Clutter-Free: The test area must be free from unnecessary items.
  • Authorized Materials: Only authorized materials and aids are allowed in the test area, and they must be visible at all times.
  • Food: Any food must be unwrapped or in a clear wrapper.
  • Beverages: Beverages should be in a clear or plain container.

Candidate/Student Requirements

  • Clothing: Candidates should wear plain, simple clothing.
  • Headwear: No hats, hoods, or head coverings (unless for religious purposes).
  • Eyewear: No smart glasses or specialized eyewear.
  • Jewelry: Only relationship rings (e.g., wedding rings) are permitted. No other jewelry is allowed.
  • Wrist Items: No watches, wristbands, or similar items.
  • Listening Aids: No headphones or any listening aids in the ears.

Candidate/Student Behavior During the Exam

  • No Talking: Candidates must not talk or read the questions aloud.
  • Focus: Candidates must remain focused on the exam at all times.
  • No Tobacco Products: Smoking, vaping, or the use of tobacco products is not allowed during the exam.
  • No Leaving: Candidates are not permitted to leave the testing area until the exam is completed and submitted.

General Behavior

  • Instructions: Candidates must follow the proctor’s instructions at all times.
  • Professional Conduct: Candidates should maintain professional conduct at all times throughout the exam.

Dual Monitors

  • Dual Monitors: Unless explicitly approved, dual monitors are not allowed. 

5. Privacy, Monitoring, and Data Collection

Your privacy is incredibly important to us, but by the very nature of live proctoring, intensive monitoring is required. By using this Service, you acknowledge and agree that:

  • Consent to Monitoring: We will record your webcam video feed, microphone audio feed, desktop screen, and streams from your secondary device during the examination. Live proctors view these feeds in real time.
  • Data Sharing: All recorded data, flagged behaviors, and identity verifications are shared only with authorized individuals within the Examining Authority. All relevant media is permanently deleted 120 days after capture, unless MonitorEDU and the Examining Authority have agreed to a separate timeline. We do not sell your personal data to third parties. For complete details, please review our Privacy Policy.

6. Intellectual Property Rights

  • Our Proprietary Rights: The Service, including all software, algorithms, user interfaces, branding, text, and graphics, is the exclusive property of our company and its licensors, protected by copyright, trademark, and intellectual property laws.
  • Exam Content: All test questions, prompts, and exam materials provided through our Service belong to the Examining Authority. Copying, downloading, photographing, sharing, or reproducing exam content in any manner is strictly prohibited and constitutes a violation of federal copyright law and these Terms.

7. Prohibited Uses of the Service

You agree not to:

  • Decompile, reverse-engineer, or attempt to extract the source code of our proctoring software.
  • Use any virtual cameras, software loops, or pre-recorded video feeds to deceive the live proctors or automated monitoring systems.
  • Interrupt, destroy, or limit the functionality of the Service through viruses, malware, or Denial of Service (DoS) attacks.
  • Harass, abuse, or threaten our live proctors or customer support agents.

8. Limitation of Liability

To the maximum extent permitted by applicable law, our company, its affiliates, officers, and employees shall not be liable for any indirect, incidental, special, consequential, or punitive damages.

Important Testing Risk Disclaimer: We do not guarantee that the Service will be completely uninterrupted or error-free. In the event a technical glitch on our end interrupts your exam, our sole liability will be to coordinate with your Examining Authority to help arrange a reset or alternative testing window. We are not responsible for any academic, professional, or financial consequences resulting from a failed or disqualified exam session.

9. Termination of Access

We reserve the right to suspend or terminate your access to the Service immediately, without prior notice, if we reasonably believe you have violated these Terms, bypassed our security protocols, or engaged in fraudulent behavior during an examination.

10. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the US, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms shall be resolved exclusively through binding arbitration in the US, except that either party may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property rights.

11. Changes to These Terms

We may update these Terms from time to time to reflect changes in our technology, legal obligations, or business practices. We will notify you of any material changes by posting the updated Terms on this page and updating the "Last Updated" date at the top. Your continued use of the Service after changes are posted constitutes acceptance of those updates.

12. Contact Us

If you have any questions, concerns, or legal inquiries regarding these Terms, please contact us at:

MonitorEDU 2972 Stewart Campbell Pt, Spring Hill, Tennessee 37174

Email: privacy@monitoredu.com

Phone: (925) 337-9647

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