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Master Service Agreement

Last Updated: July 23, 2026

This Master Services Agreement (“Agreement”) is entered into by and between:

California Academic Press LLC dba Insight Assessment
703 Pier Ave., Suite B802
Hermosa Beach, California 90211
(“Insight Assessment,” “Provider,” “we,” “our,” or “us”)

and

The client, institution, organization, purchaser, administrator, or entity accessing or purchasing Services (“Client” or “you”).

Each a “Party” and together the “Parties.”

By purchasing, accessing, administering, or using Insight Assessment Services, Client agrees to be bound by this Agreement.

1. Scope of Services

Insight Assessment provides proprietary assessments, secure browser software, assessment security technologies, online testing systems, learning modules, analytics, reporting tools, professional development services, consulting services, workshops, score reports, and related products and services (collectively, the “Services”).

Specific purchases, pricing, service selections, licenses, subscriptions, deliverables, and applicable Product Addenda may be documented through quotes, invoices, order forms, statements of work, pricing schedules, service menus, product schedules, purchasing documents, or similar documents referencing this Agreement. Any applicable Product Addendum is incorporated into and forms part of this Agreement.

“Product Addendum” means any product-specific terms, service schedule, or feature-specific agreement published by or executed with Insight Assessment that expressly references this Agreement and governs the use of a particular Service.

“Administrative Service Request” means a request by Client for Insight Assessment to create, locate, retrieve, modify, extend, reopen, or otherwise administer a Test-Taker login, Assessment assignment, Assessment attempt, report, testing group, testing session, or account configuration.

“Bulk Request” means an Administrative Service Request affecting more than twenty (20) licenses, logins, Test-Takers, Assessment assignments, or Assessment attempts, whether submitted as one request or as a series of related requests.

“Account-Level Configuration Change” means a change to the default settings, administration conditions, reporting configuration, or standard operating rules applicable to an account, institution, department, program, cohort, recurring testing process, or other defined group of Test-Takers.

Insight Assessment may update, improve, modify, discontinue, replace, or evolve portions of the Services, service offerings, reporting tools, analytics, support structures, assessment options, pricing structures, or platform functionality from time to time in the ordinary course of business.

Current offerings may be described in pricing schedules, service menus, online materials, proposals, or related sales documents published or distributed by Insight Assessment.

2. License and Use Restrictions

“Assessment” refers to any skills test, mindset survey, e-course, evaluation, training module, or related online assessment product accessible through Insight Assessment systems or authorized platforms.

“Test-taker” refers to any individual who logs into an Insight Assessment user interface and initiates an Assessment.

Insight Assessment grants Client a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for Client’s authorized internal educational, training, research, or organizational purposes and strictly in accordance with this Agreement and all accompanying documentation.

Certain Services may include downloadable desktop software, secure browsers, local applications, or similar client-side software (“Client Software”). Client is granted a limited license to install and use such Client Software solely in connection with the Services purchased by Client and only in accordance with this Agreement and any applicable Product Addendum.

Unless otherwise expressly stated in writing:

  • Each license permits one test-taker to access and complete one Assessment one time.
  • A license is considered activated once a test-taker reaches the first Assessment question, survey item, or training page.
  • Licenses are non-transferable.
  • Unused licenses expire twelve (12) months from invoice date unless otherwise stated.

In the event of a temporary interruption of connectivity during testing, responses may be saved but not submitted for scoring. Insight Assessment may provide a temporary save-state window allowing the test-taker to resume the Assessment. If the save-state window expires, a new license may be required.

Client shall not, and shall not permit any third party to:

  • Copy, reproduce, photograph, distribute, publish, display, scrape, harvest, or record any portion of the Services or Assessment content
  • Upload, input, submit, or expose any Assessment content to any artificial intelligence system, large language model, automated training system, or similar technology
  • Reverse engineer, decompile, translate, adapt, modify, or create derivative works from the Services
  • Use the Services or Assessment materials to develop competing or derivative products
  • Share login credentials or grant unauthorized access to third parties
  • Access or attempt to access restricted item-level data or scoring methodologies
  • Use bots, scripts, crawlers, or automated systems to interact with the Services

All rights not expressly granted are reserved by Insight Assessment.

3. Confidentiality

Each Party agrees to protect the other Party’s confidential and proprietary information using commercially reasonable safeguards and to use such information solely for purposes related to the Services.

Confidential information includes, but is not limited to:

  • Assessment content
  • Scoring methodologies
  • Reporting frameworks
  • System architecture
  • Business processes
  • Research methodologies
  • Client datasets
  • User information
  • Non-public operational information

Client agrees to maintain the confidentiality and security of all Assessment materials and related proprietary information.

Any prior non-disclosure agreement executed between the Parties is incorporated into this Agreement by reference.

4. Data Privacy and Security

Insight Assessment collects and processes personal data in connection with providing the Services. Such information may include account credentials, test-taker responses, administrative user information, reporting data, assessment results, and related information (“Personal Data”). Certain Services may collect device configuration information, operating system information, application status, session telemetry, security events, diagnostic information, device identifiers, browser or application version information, and similar technical information necessary to provide, administer, secure, troubleshoot, improve, or support the Services. The categories of technical information collected for any particular Service may be described in the applicable Product Addendum or Privacy Policy. Insight Assessment will use Personal Data solely for purposes related to providing, administering, securing, supporting, improving, or delivering the Services. Insight Assessment does not sell Personal Data.

Insight Assessment implements commercially reasonable administrative, technical, and organizational safeguards designed to protect Personal Data against unauthorized access, misuse, or disclosure.

Where applicable, Insight Assessment may act as a service provider, contractor, or “school official” under applicable student privacy laws, including FERPA and similar regulations.

Client remains solely responsible for:

  • Providing required notices and obtaining required permissions or consents
  • Determining legal appropriateness of Assessment administration
  • Compliance with applicable laws and regulations governing Client’s use of the Services
  • Managing access to Personal Data within Client-controlled systems
  • Proper handling of exported reports or downloaded data

Insight Assessment makes no representation that the Services comply with any specific regulatory framework unless expressly agreed in writing.

In the event of a confirmed security incident involving Personal Data processed by Insight Assessment, Insight Assessment will provide notice without undue delay where legally required and will cooperate in good faith regarding reasonable response obligations.

Insight Assessment shall not be responsible for incidents caused by Client systems, third-party systems, internet infrastructure, unauthorized user actions, or external platforms beyond Insight Assessment’s reasonable control.

4a. Online Policies

Client acknowledges that Insight Assessment may publish and maintain supplemental policies and Product Addenda, including but not limited to Privacy Policies, Data Policies, Accessibility Statements, Testing Security Requirements, Acceptable Use Policies, Product Addenda, purchaser requirements, security documentation, and related advisories.

Such policies may be updated periodically in the ordinary course of business and are incorporated into this Agreement by reference to the extent applicable to the Services.

In the event of a direct conflict between this Agreement and a posted policy, this Agreement shall control unless expressly stated otherwise.

5. Intellectual Properties

All assessments, reports, methodologies, learning modules, analytics, scoring systems, data structures, interfaces, documentation, research materials, trademarks, software, content, and related materials are and shall remain the exclusive property of Insight Assessment and/or its licensors.

Nothing in this Agreement transfers ownership of any intellectual property rights to Client.

Client agrees not to claim ownership of, challenge, or misuse any Insight Assessment intellectual property.

Feedback, suggestions, recommendations, or enhancement requests provided by Client may be used by Insight Assessment without restriction or compensation.

5a. Marketing and Publicity

Unless otherwise agreed in writing, Insight Assessment may identify Client as a customer of Insight Assessment and may use Client’s name, logo, and general relationship description in marketing materials, customer lists, presentations, proposals, case studies, website materials, and similar promotional content.

Insight Assessment will not disclose Client confidential information, assessment data, personally identifiable information, or non-public performance results without Client’s prior written consent.

Client may revoke permission for future marketing use of its name or logo upon written notice, provided that Insight Assessment shall not be required to remove materials already published or distributed prior to such notice.

6. Orders, Fees, and Payment

All purchases are subject to acceptance by Insight Assessment.

Client agrees to pay all applicable fees and charges associated with Services purchased under this Agreement.

Payment terms shall be stated on the applicable invoice, order form, or purchasing document.

Unless otherwise expressly stated:

  • All fees are non-refundable
  • All sales are final
  • Client is responsible for all activated licenses
  • Additional usage beyond purchased quantities may be invoiced
  • Failure to pay amounts due may result in suspension of Services
  • Administrative services, expedited requests, custom reporting, data retrieval, technical work, or other services outside the scope of standard support may be subject to additional fees as stated in an applicable pricing schedule, service menu, quote, order form, statement of work, or other written approval.

Insight Assessment may invoice monthly, periodically, or upon usage thresholds where usage-based licensing applies.

Taxes, duties, and governmental charges are Client’s responsibility except taxes based solely on Insight Assessment’s net income.

Posted pricing schedules, service menus, platform descriptions, purchaser requirements, advisories, and related policies may be updated periodically and are incorporated into this Agreement by reference.

7. Client Responsibilities

Client agrees to:

  • Administer Assessments in accordance with Insight Assessment instructions and best practices
  • Protect the confidentiality and integrity of Assessment materials
  • Prevent unauthorized access to Services and Assessment content
  • Use appropriate testing security measures where applicable
  • Maintain accurate account and administrative information
  • Ensure lawful and appropriate use of the Services

Accessibility and Accommodation

Insight Assessment offers certain platform-supported accommodation options designed to support equitable access to its assessments and learning tools. Available accommodations may include extended testing time (such as time-and-a-half, double time, or other custom time limits), compatibility with commonly used screen-reading technologies, and other accessibility-related platform features as available. Insight Assessment continues to enhance accessibility and has engaged third-party accessibility specialists to support ongoing efforts toward alignment with WCAG 2.1 AA guidelines.
 

Accommodation requests must be submitted by an authorized Client representative. Insight Assessment does not accept accommodation requests directly from test-takers and does not determine whether an accommodation is appropriate, necessary, legally required, or consistent with applicable laws or institutional policies.

Insight Assessment does not evaluate, verify, collect, review, or retain medical records, disability documentation, physician letters, diagnostic reports, accommodation determination letters, or similar supporting materials. Clients should not submit such documentation to Insight Assessment.
Client represents that it has independently determined the appropriateness of any requested accommodation and has obtained any documentation, approvals, notices, or consents required by applicable law, regulation, or institutional policy.
Upon receiving a request from an authorized Client representative, Insight Assessment may implement the requested accommodation where technically feasible and may maintain records of accommodation requests and implementation activities for operational, security, audit, and recordkeeping purposes.
Certain accommodations, including extended testing time, may affect score interpretation, comparability, reliability, validity, benchmarking, or other psychometric characteristics of assessment results. Client assumes sole responsibility for determining whether accommodated assessment results are appropriate for its intended use.
 
Secure Testing Services
Where Client purchases secure testing Services, Client is responsible for informing Test-Takers of applicable testing requirements, obtaining any notices or consents required by applicable law, and ensuring that supported devices satisfy published system requirements. Where Client purchases or enables secure browser or assessment security Services, Client is responsible for:
  • Determining which Assessments require such Services;
  • Informing Test-Takers of applicable testing requirements;
  • Obtaining any notices, acknowledgments, permissions, or consents required by applicable law or Client policy;
  • Ensuring that Test-Takers use supported devices and operating systems;
  • Determining appropriate accommodations for Test-Takers; and
  • Configuring assessment security settings appropriate for Client’s testing environment.

7a. Administrative Service Requests

Authorized Requestors

Administrative Service Requests must be submitted by an authorized Client representative.

An authorized Client representative may include an institutional administrator, account administrator, program administrator, faculty member, testing coordinator, disability services representative, human resources representative, or another person designated by Client to administer the applicable account or testing program.

Insight Assessment does not accept Administrative Service Requests directly from Test-Takers, students, applicants, employees, or other end users unless expressly authorized by Insight Assessment in writing.

The authority to submit an operational request does not necessarily include authority to approve an Account-Level Configuration Change, a program-wide administration decision, or the acceptance of psychometric, reporting, contractual, or compliance-related limitations.

Insight Assessment may require written approval or acknowledgment from an authorized institutional decision-maker before completing a request that:

  • Affects an entire account, institution, department, program, cohort, or recurring testing process;
  • Changes the standard administration conditions applicable to a group of Test-Takers;
  • May affect score interpretation, benchmarking, percentiles, norms, cut scores, reliability, validity, or comparability;
  • Relates to admissions, hiring, promotion, certification, licensure, or another high-stakes decision;
  • Creates material privacy, security, operational, technical, contractual, or reputational concerns; or
  • Otherwise requires confirmation that the requestor has authority to act on behalf of Client.

An authorized institutional decision-maker may include a program director, department chair, dean, institutional assessment leader, human resources leader, contracting authority, account owner, executive sponsor, or another individual whose authority is confirmed by Client.

Required Submission Process

Client must submit Administrative Service Requests through Insight Assessment’s designated service-request form, support-ticket system, or another submission method approved by Insight Assessment.

Requests submitted by email, telephone, or another communication channel may be redirected to the designated service-request process.

An Administrative Service Request is not considered complete or received for processing-time purposes until Insight Assessment has received all information reasonably required to identify, evaluate, authorize, and complete the request.

Required information may include:

  • Client institution or organization name;
  • Requestor name, title, and contact information;
  • Assessment name;
  • Applicable account, testing group, or testing session;
  • Test-Taker login, identifier, or other information reasonably necessary to locate the applicable record;
  • Specific action requested;
  • Number of affected licenses, logins, Test-Takers, assignments, or attempts;
  • Scheduled testing date and time;
  • Requested completion date;
  • Name and title of the authorizing decision-maker, when applicable; and
  • Any acknowledgment, approval, or additional information reasonably required by Insight Assessment.

Client shall provide only the minimum Personal Data reasonably necessary to process the request.

Client shall not submit medical records, physician letters, diagnostic reports, disability documentation, psychological evaluations, accommodation determination letters, protected health information, or similar supporting documentation through the service-request process.

Insight Assessment may delay or decline an incomplete, inaccurate, ambiguous, unauthorized, or technically infeasible request.

Routine Administrative Requests

Client must submit a Routine Administrative Request at least three (3) Business Days before the date or time by which Client needs the request completed.

Routine Administrative Requests generally include:

  • Changing twenty (20) or fewer existing logins from standard timed administration to time-and-a-half, double time, untimed administration, or another available testing-time configuration;
  • Reopening twenty (20) or fewer Assessment attempts;
  • Extending twenty (20) or fewer Assessment assignments;
  • Assisting Client with locating or downloading an available standard report;
  • Searching for or locating a particular Test-Taker or a limited number of Test-Taker records; and
  • Other limited-volume administrative changes that Insight Assessment determines can be completed through existing standard account-administration functionality.

A request is not a Routine Administrative Request merely because Client submits it in multiple parts. Related requests may be combined when determining whether the request exceeds the twenty-license threshold.

Requests Requiring 5 Business Days

Client must submit the following requests at least five (5) Business Days before the date or time by which Client needs the request completed:

  • Creation and configuration of a new testing session;
  • Creation of Test-Taker logins for a new testing session;
  • Any Bulk Request;
  • A request affecting more than twenty (20) licenses, logins, Test-Takers, Assessment assignments, or Assessment attempts;
  • A cohort-wide, program-wide, department-wide, institution-wide, or account-wide administration change;
  • An Account-Level Configuration Change;
  • A change to Client’s standard timed, extended-time, or untimed administration conditions;
  • A request requiring written acknowledgment of psychometric, benchmarking, reporting, or comparability limitations;
  • A request requiring operational, management, technical, security, privacy, contractual, or psychometric review; and
  • Any other request that Insight Assessment reasonably determines is not a Routine Administrative Request.

Insight Assessment may require additional time for unusually large, complex, customized, technically dependent, or nonstandard requests.

Custom development, custom reporting, data reconstruction, historical data restoration, data analysis, custom integrations, or other services outside Insight Assessment’s standard administrative functionality may require a separate scope of work, additional fees, and a separately agreed implementation schedule.

Business Days and Time of Receipt

For purposes of this Section, “Business Day” means Monday through Friday, excluding United States federal holidays and holidays observed by Insight Assessment.

Unless otherwise stated in an applicable Product Addendum, order form, or service schedule, an Administrative Service Request received after 3:00 p.m. Pacific Time will be considered received on the following Business Day.

The applicable processing period begins only after Insight Assessment has received:

  • A complete and sufficiently specific request;
  • All information necessary to identify the affected account, Test-Taker, login, assignment, attempt, report, or testing session;
  • Any required institutional authorization or acknowledgment; and
  • Any information reasonably necessary to assess feasibility and complete the request.

Time spent waiting for Client information, clarification, approval, or acknowledgment does not count toward the applicable processing period.

Notice Periods are Not Service-Level Guarantees

The three-Business-Day and five-Business-Day periods are minimum advance-notice requirements and do not constitute guaranteed service levels, completion deadlines, or warranties.

Insight Assessment will use commercially reasonable efforts to process complete and properly authorized requests within the requested timeframe. Completion remains subject to:

  • Completeness and accuracy of the request;
  • Number of affected records;
  • Staff availability;
  • Current request volume;
  • Technical feasibility;
  • Platform availability;
  • Security and privacy requirements;
  • Required institutional authorization;
  • Psychometric or reporting considerations;
  • Third-party dependencies; and
  • Circumstances beyond Insight Assessment’s reasonable control.

Insight Assessment does not guarantee that any request will be completed by Client’s scheduled testing date or requested deadline.

A request is not completed until Insight Assessment provides written or electronically recorded confirmation of completion.

Client shall not begin a testing session, instruct a Test-Taker to begin an Assessment, or represent that a requested modification has been completed until Insight Assessment has confirmed completion.

Client is responsible for reviewing the completion confirmation and verifying the applicable account, testing session, login, assignment, attempt, or report before testing begins.

Urgent, Late, and Same-day Requests

Insight Assessment may, in its sole discretion, attempt to process an Administrative Service Request submitted with less than the required advance notice.

Urgent, late, and same-day requests will be reviewed on a commercially reasonable, best-efforts basis and remain subject to:

  • Staff availability;
  • Technical feasibility;
  • Required authorization;
  • Security and privacy controls;
  • Psychometric considerations;
  • Current operational priorities; and
  • Other applicable requirements of this Agreement.

Insight Assessment does not guarantee that an urgent request will be completed before a scheduled testing session.

Urgency does not waive any requirement for:

  • A complete request;
  • Requestor authorization;
  • Institutional decision-maker approval;
  • Written acknowledgment;
  • Technical review;
  • Privacy or security verification; or
  • Psychometric review.

Insight Assessment may offer expedited processing when available. Expedited processing may be subject to additional fees disclosed to and accepted by Client before the expedited work begins.

Insight Assessment’s completion of an urgent or late request does not:

  • Waive the applicable notice requirement;
  • Establish a guaranteed response or completion time;
  • Establish a course of dealing or performance;
  • Amend this Agreement;
  • Create a precedent applicable to future requests; or
  • Require Insight Assessment to complete a similar future request within the same timeframe.

Testing-Time Modifications

Testing-time modifications may include:

  • Time-and-a-half administration;
  • Double-time administration;
  • Untimed administration;
  • A custom testing-time limit; or
  • Another testing-time configuration made available by Insight Assessment.

Client is solely responsible for determining:

  • Whether a Test-Taker is eligible for an accommodation;
  • Whether an accommodation or testing-time modification is appropriate;
  • Whether a requested modification is legally required;
  • Whether Client has obtained necessary documentation, approvals, notices, or consents;
  • Whether a testing-time modification is consistent with Client’s policies; and
  • How results obtained under modified administration conditions will be interpreted or used.

Insight Assessment does not determine eligibility, recommend individualized accommodations, review medical documentation, provide legal advice, or represent that a particular modification satisfies Client’s legal obligations.

Testing-time modifications may affect score interpretation, benchmarking, percentile comparisons, norms, cut-score use, reliability, validity, or comparability with scores obtained under standard administration conditions.

Insight Assessment may require written acknowledgment of these limitations from an authorized institutional decision-maker before implementing:

  • A Bulk Request involving testing-time changes;
  • An Account-Level Configuration Change;
  • A cohort-wide, program-wide, or institution-wide modification;
  • Untimed testing used with existing benchmarks, percentiles, or cut scores;
  • Modified testing conditions used for high-stakes decisions; or
  • Another request that Insight Assessment reasonably determines may materially affect score interpretation.

Insight Assessment’s implementation of a testing-time modification does not constitute approval, endorsement, or validation of Client’s accommodation decision, cut score, admissions process, employment decision, certification decision, or interpretation of the resulting scores.

Creation of New Testing Sessions and Logins

Requests to create a new testing session must identify:

  • The Assessment to be administered;
  • The number of requested logins;
  • The requested testing window;
  • Applicable testing-time settings;
  • Reporting or group requirements;
  • The scheduled testing date and time; and
  • Any other information reasonably required to configure the session.

Client is responsible for reviewing and verifying all testing-session information before distributing login credentials or beginning testing.

Login credentials are non-transferable and may be used only in accordance with the license restrictions in this Agreement.

Creation of a login does not extend the expiration period of the applicable purchased license unless expressly confirmed by Insight Assessment in writing.

Reopening Assessment Attempts

Client may request that Insight Assessment reopen, resume, reset, or otherwise modify an Assessment attempt when the applicable functionality is available.

Insight Assessment may require Client to clarify whether it is requesting:

  • Resumption of an interrupted attempt;
  • Reopening of an existing attempt;
  • Resetting of an attempt;
  • Issuance of a new login or license; or
  • Another available administrative action.

Client acknowledges that reopening, resetting, or replacing an attempt may affect:

  • Assessment security;
  • Standard administration conditions;
  • Score interpretation;
  • Comparability;
  • Reporting;
  • Attempt history; or
  • The defensibility of the resulting score.

Insight Assessment may decline to reopen or reset an Assessment attempt when Insight Assessment reasonably determines that doing so could compromise Assessment security, platform integrity, contractual restrictions, or the validity or defensibility of the resulting score.

A request to reopen, reset, or replace an Assessment attempt does not entitle Client to a refund, replacement license, or additional Assessment administration without charge.

Insight Assessment may require the purchase or use of an additional license when the original license has been activated, completed, scored, expired, or otherwise consumed under this Agreement.

Extending Assessment Assignments

Client may request an extension of an Assessment assignment’s availability or completion period when the applicable functionality is available.

An assignment extension does not:

  • Extend the contractual expiration date of an unused license;
  • Reinstate an expired license;
  • Guarantee that an interrupted Assessment attempt remains recoverable;
  • Alter applicable score interpretation requirements; or
  • Modify any other term of this Agreement.

Insight Assessment may decline an extension when the applicable license has expired, the requested extension is technically unavailable, or the extension would conflict with Assessment security or account restrictions.

Reports

Client is responsible for downloading, storing, securing, and managing reports available through Client’s account.

Insight Assessment may provide routine assistance with locating or downloading an available standard report.

Routine report-download assistance does not include:

  • Creating a custom report;
  • Changing the content or format of an existing report;
  • Combining data from multiple accounts, groups, or testing periods;
  • Reconstructing unavailable or deleted reports;
  • Restoring historical data;
  • Cleaning or analyzing Client data;
  • Providing psychometric interpretation;
  • Preparing accreditation or research analyses; or
  • Creating a new reporting tool or platform feature.

Such services may require a separate quote, order form, statement of work, fee, and implementation schedule.

Insight Assessment may decline to transmit a report or disclose Test-Taker information if the requestor’s identity or authority cannot be verified.

Test-Taker and Record Searchers

When requesting assistance locating a Test-Taker or Assessment record, Client must provide sufficient information to permit Insight Assessment to identify the correct record without unreasonable investigation.

Insight Assessment may request:

  • Test-Taker login;
  • Client-assigned identifier;
  • Testing-session or group name;
  • Assessment name;
  • Approximate administration date;
  • Authorized email address; or
  • Other information reasonably necessary to distinguish the applicable record.

Client should provide only the minimum information reasonably necessary to locate the record.

Insight Assessment may decline to disclose, locate, or modify a record when:

  • The requestor’s identity or authority cannot be verified;
  • The information provided is incomplete or insufficient;
  • Multiple potentially matching records exist;
  • Disclosure could create a privacy or security concern;
  • The request appears unauthorized; or
  • Insight Assessment is otherwise unable to confirm the applicable record.

Insight Assessment is not responsible for delays caused by inaccurate names, duplicate records, shared email addresses, incorrect identifiers, incomplete account information, or other information supplied by Client.

Client Responsibilities

Client is responsible for:

  • Providing complete, accurate, timely, and unambiguous instructions;
  • Identifying the correct Test-Takers, logins, assignments, attempts, reports, groups, and testing sessions;
  • Obtaining all necessary internal authorizations;
  • Submitting requests within the applicable notice period;
  • Responding promptly to requests for clarification;
  • Reviewing Insight Assessment’s completion confirmation;
  • Verifying all requested changes before testing begins;
  • Communicating applicable testing conditions to Test-Takers and testing personnel; and
  • Determining how administrative or testing-condition changes affect Client’s use and interpretation of Assessment results.

Insight Assessment may rely on instructions submitted by an authorized Client representative and is not responsible for independently verifying Client’s underlying reasons for requesting an administrative action.

Administrative Records

Insight Assessment may maintain records relating to Administrative Service Requests, including:

  • Date and time received;
  • Requestor identity and role;
  • Requested action;
  • Affected account, group, session, license, login, Test-Taker, assignment, attempt, or report;
  • Authorization or acknowledgment received;
  • Action taken;
  • Completion date and time;
  • Insight Assessment personnel involved; and
  • Communications relating to the request.

Such records may be maintained for operational, security, audit, customer-support, legal, and dispute-resolution purposes in accordance with this Agreement and applicable Insight Assessment policies.

Medical or disability documentation should not be included in Administrative Service Request records.

No Waiver or Precedent

Insight Assessment’s approval, implementation, or expedited completion of an Administrative Service Request applies only to the specific request and circumstances approved.

No exception, accommodation, expedited response, or deviation from standard procedure shall:

  • Amend this Agreement;
  • Waive any provision of this Agreement;
  • Establish a course of dealing or performance;
  • Create a continuing service obligation;
  • Require Insight Assessment to approve a similar future request; or
  • Limit Insight Assessment’s ability to apply different requirements to future requests.

8. Warranties and Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INSIGHT ASSESSMENT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OPERATION.

Insight Assessment does not guarantee uninterrupted access, continuous availability, or error-free operation.

Use of artificial intelligence systems, bots, automated response systems, scraping tools, or similar technologies in connection with Assessments or Assessment content is strictly prohibited unless expressly authorized in writing.

Any unauthorized AI-related use constitutes a material breach of this Agreement and may result in:

  • Immediate suspension or termination of access
  • Invalidated Assessment results
  • Revocation of licenses
  • Denial of refunds
  • Legal or equitable remedies available under law

Certain Services are designed to enhance the integrity and security of online assessments through configurable technical controls. While such Services may assist in discouraging or identifying unauthorized activity, Insight Assessment does not warrant or guarantee that any Service will detect, prevent, or eliminate every instance of misconduct, unauthorized assistance, security incident, or policy violation. Client remains solely responsible for establishing assessment policies, evaluating assessment results, and making all academic, certification, employment, disciplinary, or other decisions.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INSIGHT ASSESSMENT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, PROFITS, REVENUE, BUSINESS OPPORTUNITY, OR GOODWILL.

Insight Assessment shall not be liable for interruptions or failures caused by:

  • Internet outages
  • Network failures
  • Third-party hosting providers
  • Institutional firewalls or restrictions
  • User device failures
  • Unauthorized interference
  • Force majeure events
  • Circumstances beyond reasonable control

Insight Assessment shall not be responsible for incompatibility with unsupported hardware, operating systems, endpoint security software, institutional network configurations, third-party applications, or modifications made to Client devices that interfere with operation of the Services.

Insight Assessment shall not be responsible for delays, missed testing sessions, testing interruptions, incorrect account settings, incorrect Test-Taker records, unavailable reports, unintended Assessment administration conditions, or other losses arising from or relating to Client’s incomplete, inaccurate, ambiguous, unauthorized, or untimely Administrative Service Request; Client’s failure to provide required authorization or acknowledgment; or Client’s decision to begin testing before receiving and verifying Insight Assessment’s completion confirmation.

Insight Assessment’s total cumulative liability arising out of or relating to this Agreement shall not exceed the fees paid by Client for the specific Services giving rise to the claim during the twelve (12) months preceding the event giving rise to liability.

Some jurisdictions do not allow certain liability limitations; therefore, portions of this section may not apply in all circumstances.

10. Term and Termination

This Agreement remains effective until terminated.

Either Party may terminate this Agreement upon thirty (30) days written notice.

Insight Assessment may suspend or terminate access immediately for:

  • Nonpayment
  • Unauthorized use
  • Security concerns
  • Violation of this Agreement
  • Misuse of Assessment content
  • AI-related violations

Termination does not relieve Client of payment obligations incurred prior to termination.

Sections relating to confidentiality, intellectual property, payment obligations, disclaimers, limitations of liability, dispute resolution, and other provisions intended by their nature to survive shall survive termination.

11. Dispute Resolution

The Parties agree to attempt in good faith to resolve disputes informally prior to initiating formal proceedings.

Any dispute arising out of or relating to this Agreement that cannot be resolved informally shall be resolved through confidential binding arbitration administered by the American Arbitration Association (“AAA”) in San Francisco County, California, unless otherwise agreed in writing.

Each Party shall bear its own attorneys’ fees and costs unless otherwise awarded by the arbitrator.

The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction.

Nothing in this section prevents either Party from seeking injunctive or equitable relief to protect confidential information or intellectual property rights.

12. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

13. Entire Agreement

This Agreement, together with any applicable Product Addenda, quotes, invoices, order forms, pricing schedules, service menus, statements of work, posted policies, and incorporated NDAs, represents the complete understanding between the Parties and supersedes all prior discussions or agreements relating to the Services.

Certain Services may be subject to additional product-specific terms contained in one or more Product Addenda. Each applicable Product Addendum is incorporated into and forms part of this Agreement upon Client’s purchase or use of the applicable Service. In the event of a conflict between this Agreement and a Product Addendum, the Product Addendum shall control solely with respect to the applicable Service, and this Agreement shall otherwise remain in full force and effect.

Failure to enforce any provision shall not constitute a waiver.

If any provision is found unenforceable, the remaining provisions shall remain in effect.

Client may not assign this Agreement without prior written consent from Insight Assessment.

Insight Assessment may update this Agreement periodically by posting revised versions online or otherwise providing notice.