Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Association for Professional Excellence ("Company," "we," "us," or "our") concerning your access to and use of our certification and assessment platform, including our website, services, and applications (collectively, the "Services").

2. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Services under applicable law
• Provide accurate and complete registration information
• Maintain the security and confidentiality of your account credentials

By creating an account, you represent and warrant that you meet these eligibility requirements.

3. Account Registration and Security

3.1 Account Creation

To access certain features, you must create an account by providing:

• Accurate and current personal information
• Valid email address
• Secure password meeting our requirements
• Any additional information reasonably requested

3.2 Account Responsibility

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your account information remains accurate and current

3.3 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or for any other reason at our discretion.

4. Certification Services

4.1 Assessment Process

Our certification services include:

• Access to online scenario-based assessments
• Automated evaluation and scoring
• Issuance of digital certificates upon successful completion
• Verification services for employers and third parties

4.2 Assessment Integrity

You agree to:

• Complete all assessments independently without unauthorized assistance
• Not share, copy, or distribute assessment content
• Not use any unauthorized aids, resources, or materials
• Provide truthful responses reflecting your actual knowledge and judgment
• Not attempt to compromise assessment security or integrity

4.3 Certification Validity

Certificates are issued based on performance at the time of assessment. While certificates do not expire, we may revoke certificates if we discover violations of these Terms or assessment misconduct.

4.4 Retake Policy

If you do not achieve a passing score, you may retake the assessment after a mandatory waiting period of 90 days. Additional fees may apply for retakes.

5. Fees and Payment

5.1 Pricing

Current pricing for our services is displayed on our website. We reserve the right to modify pricing at any time. Price changes will not affect assessments already purchased.

5.2 Payment Terms

• All fees must be paid in advance of accessing assessments
• Payment is processed through secure third-party payment processors
• You authorize us to charge your payment method for all fees
• All fees are non-refundable except as required by law or stated in our refund policy

5.3 Refund Policy

Refunds are available only in the following circumstances:

• Technical issues preventing assessment completion (verified by our support team)
• Duplicate charges or billing errors
• Cancellation before assessment commencement (within 24 hours of purchase)

Refund requests must be submitted within 14 days of purchase. Refunds are not available once an assessment has been started or completed.

5.4 Subscriptions

If you purchase a subscription:

• Your subscription will automatically renew unless cancelled
• You will be charged at the start of each billing cycle
• You may cancel at any time through your account settings
• Cancellation takes effect at the end of the current billing period
• No refunds are provided for partial subscription periods

6. Intellectual Property Rights

6.1 Our Content

All content, features, and functionality of our Services, including but not limited to:

• Assessment questions and scenarios
• Text, graphics, logos, images, and audiovisual content
• Software, algorithms, and code
• Trademarks, service marks, and branding
• Educational materials and resources

are owned by or licensed to us and are protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use in accordance with these Terms.

6.3 Restrictions

You may not:

• Copy, reproduce, or distribute any content from the Services
• Modify, reverse engineer, or create derivative works
• Remove or alter any copyright, trademark, or proprietary notices
• Use our content for commercial purposes without authorization
• Extract data through automated means (scraping, crawling, etc.)

6.4 User Content

You retain ownership of any content you submit (profile information, communications, etc.). By submitting content, you grant us a worldwide, royalty-free license to use, store, and display such content as necessary to provide the Services.

7. Prohibited Conduct

You agree not to:

8. Disclaimers and Warranties

8.1 Service "As Is"

8.2 No Guarantee of Results

We do not guarantee that:

• The Services will meet your specific requirements
• The Services will be uninterrupted, timely, secure, or error-free
• Results obtained from the Services will be accurate or reliable
• Certification will result in employment or career advancement

8.3 Professional Advice

Our Services are for educational and certification purposes only and do not constitute professional advice. You should consult appropriate professionals for specific guidance.

9. Limitation of Liability

• Your access to or use of (or inability to access or use) the Services
• Any conduct or content of any third party on the Services
• Unauthorized access, use, or alteration of your content
• Any interruption or cessation of the Services

Our total liability shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Association for Professional Excellence and its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your conduct in connection with the Services

11. Dispute Resolution

11.1 Informal Resolution

If you have a dispute with us, you agree to first contact us at legal@profxcel.org and attempt to resolve the dispute informally for at least 30 days before initiating any legal action.

11.2 Arbitration Agreement

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

11.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, and you waive your right to participate in a class action lawsuit or class-wide arbitration.

11.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date.

Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.

13. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Prolonged inactivity
• At our discretion for business reasons

Upon termination, your right to use the Services will immediately cease. Provisions that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, and limitations of liability.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and us.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

We shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

15. Contact Information

If you have questions about these Terms, please contact us: