Institution Agreement
Standard terms for colleges and training organisations using Testlaa.
Last updated: 2026-05-24
1. Parties and order of precedence
This Institution Agreement ("Agreement") governs access to Testlaa by an educational institution, training organisation, or corporate learning partner ("Institution", "you"). It is entered into between the Institution and Freshbix ("Provider", "we", "us").
If the Institution executes a signed order form, master services agreement, or data processing addendum ("MSA/DPA"), those documents prevail over this Agreement to the extent of conflict. Otherwise, this Agreement supplements the Terms and Conditions, Privacy Policy, Acceptable Use Policy, AI Usage and Disclaimer Policy, and Refund and Cancellation Policy.
2. Services and access
We will provide the Service described in the applicable subscription plan, pilot letter, or order form, which may include admin portals, student access on institution-branded subdomains, exam delivery, analytics, study plans, notifications, and optional AI Features.
We grant the Institution a non-exclusive, non-transferable right to access the Service for its internal educational and assessment purposes during the subscription term, subject to user limits and feature entitlements specified in the order.
3. Institution responsibilities
The Institution is responsible for:
- Providing accurate roster and administrator information and maintaining authorised access lists.
- Communicating institutional policies, exam rules, and acceptable use requirements to students and staff.
- Obtaining lawful bases, consents, and notices required under applicable education and privacy laws.
- Reviewing AI-generated study content before relying on it for curriculum or grading decisions where appropriate.
- Ensuring exam content uploaded by faculty does not infringe third-party rights.
- Designating primary administrative and billing contacts.
- Supervising cohort administrators and ensuring their actions comply with this Agreement.
4. Data protection and student privacy
For personal information the Institution uploads or generates about students and staff, the Institution is the data controller and we act as processor/service provider. We process such data only on documented instructions to deliver the Service, as described in the Privacy Policy and any DPA.
Upon request, we will provide a standard DPA including subprocessors, security measures, and breach notification commitments appropriate to the Service tier.
The Institution will not upload special category data unless necessary, lawful, and covered by appropriate safeguards.
5. Administrative actions and audit logs
Institution and cohort administrators may perform actions visible in platform audit features, including creating exams, scheduling assessments, bulk uploading students, managing cohorts, adding tasks to student study plans, deleting tasks, and viewing results.
Such actions may be logged in institution activity feeds for accountability. Administrators are responsible for ensuring deletions and configuration changes align with institutional policy.
6. Student access and subdomain branding
Students may access the Service via institution-branded URLs or designated portals. The Institution acknowledges that students must comply with the Terms, Acceptable Use Policy, and institutional academic integrity rules.
The Institution grants us a limited licence to display its name, logo, and branding solely to provide the Service to the Institution's users.
7. Fees, invoicing, and taxes
Fees, billing cycles, and payment methods are specified in the order form or pricing proposal. Unless stated otherwise, fees are exclusive of applicable taxes, which the Institution pays where required.
Late payments may incur interest or suspension as described in the Refund and Cancellation Policy and order form.
8. Confidentiality
Each party will protect the other's confidential information using reasonable care and use it only to perform under this Agreement. Confidential information excludes information that is public, independently developed, or lawfully received from third parties without duty of confidentiality.
9. Warranties and disclaimers
Each party represents that it has authority to enter this Agreement. We warrant that the Service will materially conform to documented functionality during the subscription term, subject to reasonable configuration and excluded beta features.
EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED AS DESCRIBED IN THE TERMS. WE DO NOT WARRANT SPECIFIC PLACEMENT OUTCOMES, ACCREDITATION RESULTS, OR UNINTERRUPTED AVAILABILITY BEYOND ANY SLA IN A SIGNED ORDER.
10. Liability
Liability limitations in the Terms apply to this Agreement. For enterprise orders with negotiated caps or SLAs, those signed terms control.
11. Term, renewal, and termination
The initial term and renewal mechanics are defined in the order form. Either party may terminate for material uncured breach after written notice. Institutions may request data export during a defined transition window after termination, subject to fees for extended retention if applicable.
Upon termination, Institution user access will be disabled except as needed to complete in-flight exams or legal retention obligations coordinated with the Institution.
12. Publicity
Unless the Institution opts out in writing, we may list the Institution's name and logo in customer references and marketing materials. Institutions may request removal at any time by emailing legal@testlaa.com.
13. Institution contact
Institutional contracting and legal notices: legal@testlaa.com
Onboarding and account management: support@testlaa.com
