Terms of Service

Effective Date: 12 July 2026 · Version: 2026-07-12.2

These Terms of Service (these “Terms” or this “Agreement”) constitute a binding legal agreement between Boardmentor LTD, doing business as CISM Prep (“CISM Prep,” “Company,” “we,” “us,” or “our”), and the individual who accepts or becomes bound by these Terms (“User,” “you,” or “your”).

These Terms govern all access to and use of the website and web application available at https://cismexam.com, together with every Account, Membership, Pass, examination-preparation resource, question, explanation, study feature, performance metric, support function, interface, database, and related product or service made available by or on behalf of the Company (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY. BY SELECTING AN ACCEPTANCE CHECKBOX OR BUTTON, ESTABLISHING AN ACCOUNT, PURCHASING A MEMBERSHIP OR PASS, OR ACCESSING OR USING THE SERVICES AFTER THESE TERMS HAVE BEEN PRESENTED, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU HAVE NO RIGHT OR AUTHORIZATION TO ACCESS OR USE THE SERVICES.

Article I — Definitions and Rules of Construction

§ 1.1 Defined Terms

For purposes of this Agreement, the following terms shall have the meanings set forth below:

“Account” means an individual registered account through which an authorized User may access some or all of the Services.

“All-Access Membership” or “Membership” means the automatically renewing annual subscription described in Article V.

“Company Indemnitees” means the Company and each of its present and former affiliates, successors, assigns, directors, officers, employees, personnel, contractors, consultants, agents, representatives, licensors, Service Providers, insurers, and professional advisers.

“Content” means every item, work, material, and element made available through or embodied in the Services, including practice questions, possible answers, explanations, text, graphics, designs, logos, data, statistics, readiness indicators, reports, software, source and object code, interfaces, workflows, databases, compilations, taxonomies, selection and arrangement, and other proprietary material.

“Educational Materials” means Content furnished for individual examination-preparation and study purposes.

“Pass” means a fixed-term, non-renewing product granting an individual User limited access to specified Content concerning a particular certification, as described in Article V.

“Privacy Policy” means the privacy policy and data-protection notice published by the Company for the Services, as amended from time to time.

“Service Provider” means any contractor, processor, platform, merchant, licensor, infrastructure provider, professional adviser, or other third party engaged in connection with the provision, administration, protection, or operation of the Services.

§ 1.2 Rules of Construction

Unless the context requires otherwise: (a) the singular includes the plural and vice versa; (b) the words “include,” “includes,” and “including” shall be construed as illustrative and without limitation; (c) “or” is inclusive and not exclusive; (d) a reference to a law includes its amendments, consolidations, replacements, and successor provisions; (e) a reference to an Article or Section is a reference to an article or section of this Agreement; and (f) captions and headings are inserted solely for convenience and shall not affect interpretation.

§ 1.3 Priority of Mandatory Law

Nothing in this Agreement excludes, limits, modifies, or waives a right, remedy, warranty, duty, or liability that cannot lawfully be excluded, limited, modified, or waived. Each exclusion, restriction, disclaimer, reservation, and limitation contained herein shall apply to the maximum extent permitted by the law governing the particular matter.

Article II — Eligibility, Capacity, Acceptance, and Contract Formation

§ 2.1 Age and Legal Capacity

The Services are offered exclusively to natural persons who are at least eighteen (18) years of age and legally capable of entering into a binding contract. By accessing or using the Services, you represent and warrant, on a continuing basis, that you satisfy both requirements. No person under 18 is authorized to establish an Account, purchase access, or use the Services.

§ 2.2 Individual Capacity; No Organizational Authority

Accounts and licenses are issued solely to individual natural persons. Unless the Company expressly agrees otherwise in a writing executed by an authorized representative, you may not accept these Terms, obtain access, or acquire a Membership or Pass on behalf of another person, employer, educational institution, training provider, business, governmental body, or other organization.

§ 2.3 Affirmative Acceptance and Evidentiary Records

You affirmatively accept this Agreement by selecting the applicable acceptance mechanism during registration, purchase, sign-in, or another contract-formation process. The Company may create and retain records reasonably calculated to evidence acceptance and subsequent performance, including the applicable version identifier, date, time, Account, Internet Protocol address, device or session information, transaction reference, and acceptance event. The version identifier for this Agreement is 2026-07-12.2.

§ 2.4 Electronic Contracting

You consent to the use of electronic records and signatures in connection with the Services. To the extent permitted by law, an electronic acceptance, notice, confirmation, transaction record, or other communication shall have the same legal force and effect as a document executed or delivered in writing.

§ 2.5 Incorporated Terms and Order of Precedence

The Privacy Policy, the disclosures and product terms presented at checkout, and any feature-specific terms expressly made applicable to your use are incorporated into this Agreement. In the event of a direct conflict, the following order of precedence shall apply solely to the extent of the conflict: (a) non-waivable applicable law; (b) product-specific terms expressly presented at checkout; (c) these Terms; and (d) other policies or general descriptions made available through the Services.

§ 2.6 Continuing Representations

Each time you access or use the Services, you represent and warrant that: (a) the information associated with your Account is accurate and not misleading; (b) your use is authorized under this Agreement; (c) you are not acting on behalf of an undisclosed third party; (d) your use does not violate any law, candidate agreement, examination rule, confidentiality obligation, contractual restriction, or third-party right; and (e) you are not prohibited from receiving the Services under any legally binding restriction applicable to you.

Article III — Nature, Status, and Limitations of the Services

§ 3.1 Examination-Preparation Services

The Company provides Educational Materials and associated study functionality intended to assist individual Users preparing for professional certification examinations. The Services are educational tools only. They do not constitute professional, legal, financial, medical, employment, accreditation, certification, or other regulated advice, and no fiduciary, advisory, educational-institution, or professional-client relationship is created.

§ 3.2 Independently Created Materials

The Company’s practice questions and explanations are independently created by or for the Company by reference to publicly available examination blueprints, objectives, domains, terminology, and subject matter. They are not actual examination questions, confidential examination material, leaked Content, “brain dumps,” or Content obtained through unauthorized access to an examination.

You shall not submit, request, upload, reproduce, compare, validate, or use the Services to solicit or distribute any actual or suspected examination question, confidential examination material, or information obtained in breach of a candidate agreement, nondisclosure obligation, intellectual-property right, examination-security rule, or other binding obligation.

§ 3.3 Independent Status; Third-Party Marks

CISM Prep is an independent examination-preparation platform. The Company is not affiliated with, endorsed by, approved by, sponsored by, or acting on behalf of any certification body, examination administrator, standards organization, technology vendor, or trademark owner referenced through the Services. Certification names, examination names, organizational names, trademarks, and service marks are used solely to identify the subject matter of the relevant Educational Materials. All third-party marks and associated goodwill remain the property of their respective owners.

§ 3.4 No Guarantee of Examination or Commercial Result

The Company makes no representation, undertaking, warranty, or guarantee that use of the Services will cause or assist a User to pass an examination, obtain or retain a certification, satisfy a continuing-education requirement, obtain employment, secure a promotion, increase compensation, or realize any other academic, professional, or commercial result. Examination performance depends upon circumstances outside the Company’s control, including a User’s prior knowledge, aptitude, study effort, preparation, examination conditions, and changes implemented by the relevant examination provider.

Readiness indicators, scores, rankings, statistics, recommendations, and comparable outputs are estimates supplied solely for study guidance. They are not authoritative determinations, representations of future performance, or guarantees of any kind.

Product names, labels, slogans, and marketing descriptions—including any use of the words “confidence,” “review,” “track,” “mentor,” or “all-access”—are descriptive branding only and shall not be construed as an express warranty, performance guarantee, promise of examination success, or representation concerning the sufficiency of any period of study.

§ 3.5 Accuracy, Completeness, and Examination Changes

The Company may review, correct, revise, supplement, withdraw, or replace Educational Materials but does not warrant that Content is complete, current, accurate, error-free, or aligned with every version, language, territory, or administration of an examination. Examination providers may change objectives, terminology, structure, scoring, eligibility, scheduling, Content, or availability without notice to the Company. You remain exclusively responsible for consulting and complying with the current official materials and requirements published by the applicable examination provider.

Article IV — Accounts, Credentials, and Verification

§ 4.1 Registration and Account Information

You shall furnish accurate, current, complete, and non-misleading information in connection with registration, purchase, and Account administration and shall promptly update information that becomes inaccurate. The Company may reject, restrict, suspend, or terminate any Account containing false, misleading, incomplete, duplicated, unauthorized, or unverifiable information.

§ 4.2 Personal and Non-Transferable Account

Each Account, Membership, Pass, session, and license is personal to the individual to whom it was issued. Unless expressly authorized by the Company in writing, you may maintain no more than one Account and shall not sell, assign, share, lend, rent, sublicense, delegate, transfer, or otherwise permit any other person to access or benefit from your Account, credentials, authenticated session, Membership, Pass, or paid Content.

§ 4.3 Credential Security and Account Activity

You are responsible for safeguarding Account credentials and for activity undertaken through your Account to the extent permitted by law. You shall notify support@boardmentor.study without undue delay upon discovering unauthorized access, compromised credentials, or another security event affecting your Account.

The Company may, without prior notice, invalidate credentials, terminate active sessions, require reauthentication, compel a credential reset, restrict functionality, or take any other action reasonably necessary to protect an Account, the Services, the Company, or another person. Except to the extent responsibility cannot lawfully be excluded, the Company shall not be liable for loss arising from your failure to safeguard credentials or report unauthorized use promptly.

§ 4.4 Verification and Associated Accounts

The Company may require reasonable evidence of identity, email control, payment entitlement, Account ownership, or authorization. The Company may treat Accounts, devices, transactions, payment methods, networks, or sessions as associated where objective indicators reasonably suggest common ownership, control, use, or coordinated conduct. Failure to complete verification may result in restriction or termination, particularly where Account sharing, duplicate Accounts, fraud, circumvention, a disputed payment, or unauthorized access is suspected.

Article V — Products, Fees, Billing, and Automatic Renewal

§ 5.1 Available Products

The Company presently offers: (a) the All-Access Membership, an automatically renewing annual subscription providing access to the certification catalog included in that product during the applicable subscription term; (b) the Final Review Pass, a single-certification Pass providing forty-eight (48) hours of access; (c) the Fast Track Pass, a single-certification Pass providing seven (7) days of access; and (d) the Pass Confidence Pass, a single-certification Pass providing six (6) weeks of access.

The product description, Content scope, fee, currency, access period, and renewal status presented at checkout form part of the applicable purchase. The Company may add, remove, rename, reconfigure, or withdraw products prospectively. No such change extends an existing access period or creates a contractual right to a refund, credit, replacement product, or other compensation except where required by law.

The term “All-Access” describes the breadth of the eligible certification catalog during the Membership term. It does not mean unrestricted, unmetered, automated, concurrent, multi-user, or bulk access and does not waive any technical, security, proprietary-content, or fair-use restriction imposed under this Agreement.

§ 5.2 Fees, Currency, and Taxes

Unless checkout expressly provides otherwise, fees are stated and charged in United States Dollars. The amount presented at checkout controls the initial charge. The Company may change prices prospectively at any time. Applicable taxes, levies, duties, exchange costs, payment-provider charges, or similar amounts may be added, withheld, or applied as disclosed at checkout or by the relevant financial institution.

§ 5.3 Payment Merchant

Purchases are processed by a third-party payment merchant or merchant of record identified during checkout. By submitting a purchase, you irrevocably authorize the applicable merchant, subject to any non-waivable cancellation right, to charge the designated payment method for each disclosed initial and recurring amount. You represent and warrant that you possess full legal authority to use the payment method.

Complete payment-card numbers and card-security codes are submitted directly to the payment merchant and are not intentionally received or stored by the Company. Payment processing may be governed by the merchant’s separate contractual terms, privacy notice, fraud controls, and legally required procedures.

§ 5.4 Immediate Supply of Digital Content

Paid access and proprietary digital Content are ordinarily supplied immediately following successful authorization of payment. By completing a purchase and selecting the applicable checkout acknowledgment, you expressly request and consent to immediate performance and supply before the expiration of any statutory withdrawal or cooling-off period that might otherwise apply. You further acknowledge that, to the maximum extent permitted by law, a statutory right to withdraw may be lost once supply or performance begins.

Where applicable law requires a separate express acknowledgment, confirmation upon a durable medium, or other formality, the loss of the relevant statutory right shall take effect only if that requirement has been satisfied. Nothing herein excludes a withdrawal, cancellation, conformity, refund, or other consumer right that cannot lawfully be waived.

§ 5.5 Automatic Renewal

The All-Access Membership renews automatically for successive one-year terms unless cancelled before the applicable renewal charge is processed. Upon each renewal, the payment method on file may be charged the then-current annual Membership fee together with applicable taxes and charges.

The Company may change the Membership fee for a future renewal. The Company or payment merchant shall provide any advance renewal or price-change notice required by applicable law. A properly disclosed renewal charge commences a new annual term and does not merely extend the preceding transaction.

§ 5.6 Cancellation of Automatic Renewal

You may cancel automatic renewal through the subscription-management or cancellation control located on the Account profile page. If that control is unavailable, you may request assistance through support@boardmentor.study.

Cancellation prevents future renewal charges and takes effect upon expiration of the then-current paid term. Unless applicable law requires otherwise, cancellation does not terminate the current term early, reduce or prorate the applicable charge, or create a refund or credit entitlement. Access ordinarily continues until expiration of the paid term, subject to suspension or termination for cause under this Agreement.

§ 5.7 Non-Renewing Passes

Each Pass is a one-time purchase for the access period stated at checkout. A Pass does not automatically renew, creates no recurring charge, and expires automatically at the end of its stated period without cancellation or further notice.

§ 5.8 Failed Payments, Reversals, and Chargebacks

The Company or payment merchant may retry a failed recurring charge to the extent disclosed and permitted by law. Access may be withheld, limited, suspended, or terminated if payment is declined, reversed, refunded, disputed, or charged back.

You should contact the Company before initiating a chargeback so that the matter may be investigated. A knowingly false, abusive, retaliatory, or fraudulent chargeback constitutes a material breach of this Agreement and may result in immediate termination without refund, preservation and disclosure of relevant evidence, referral to the payment merchant or competent authority, recovery activity, and exercise of all available legal and equitable remedies.

Article VI — Refunds

§ 6.1 Finality of Sales

ALL SALES ARE FINAL. In consideration of the immediate delivery of access to proprietary digital Content, each initial purchase and renewal charge is non-refundable, non-returnable, and non-creditable except to the extent a refund is mandatorily required by applicable law or is expressly approved by the Company pursuant to Section 6.2.

Without limitation, discontinuing use, deleting an Account, failing to study, failing an examination, dissatisfaction with an examination result, forgetting to cancel, partial use, Account inactivity, changes made by an examination provider, failure to satisfy a certification requirement, or expiration of an access period shall not create any contractual right to a refund, credit, extension, replacement, or other compensation.

§ 6.2 Discretionary Refund Review

Without creating any obligation, course of dealing, policy of guaranteed reimbursement, or legally enforceable expectation, the Company may elect to consider a request for a discretionary refund where: (a) the request is received at support@boardmentor.study no later than seven (7) calendar days after the specific charge concerned; and (b) no more than thirty (30) practice questions have been answered under or attributable to the purchase associated with that charge.

Satisfaction of the foregoing threshold conditions establishes eligibility for review only and does not create, promise, or imply entitlement to any refund. To the maximum extent permitted by law, the Company may approve, deny, reduce, condition, withdraw, or reverse a discretionary refund in its sole and absolute discretion after considering usage, Account history, previous requests, suspected abuse, payment or chargeback activity, associated Accounts, the nature and timing of the request, and any other circumstance the Company considers relevant.

The threshold applies independently to each charge, including each renewal charge. In investigating eligibility or abuse, the Company may consider questions answered through Accounts, purchases, devices, payment methods, networks, or households reasonably determined to be associated.

§ 6.3 Mandatory Remedies

Nothing in this Article limits a withdrawal, cancellation, conformity, refund, or other remedy that cannot lawfully be excluded. Any mandatory remedy shall apply solely to the extent, for the period, and in the circumstances required by the law governing the particular transaction.

Article VII — Intellectual Property, Proprietary Rights, and License

§ 7.1 Exclusive Rights

As between the parties, the Company and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all copyrights, database rights, trademarks, service marks, trade dress, trade secrets, know-how, software rights, contractual rights, and other intellectual or proprietary rights, together with all modifications, updates, derivatives, and goodwill arising therefrom.

No Content is sold, assigned, conveyed, or transferred to a User. Payment purchases only the limited, conditional, revocable right of access expressly granted by Section 7.2.

§ 7.2 Limited Personal License

Subject at all times to full payment and strict compliance with this Agreement, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, non-commercial, and revocable license to access and use the Services and applicable Content solely for your own examination preparation during the applicable Membership or Pass period.

The foregoing license is conditional and not coupled with any ownership interest. It terminates automatically upon expiration of paid access, suspension or termination of the Account, breach of this Agreement, or cessation of the Services, subject to any non-waivable right.

§ 7.3 Reservation of Rights

All rights not expressly granted are reserved. No license or right arises by implication, estoppel, acquiescence, exhaustion, course of dealing, or otherwise. The Company’s failure to deploy a technical restriction shall not constitute authorization to engage in conduct prohibited by this Agreement.

§ 7.4 Trademarks

The CISM Prep and BoardMentor names, logos, trade dress, domain names, and associated marks are proprietary to the Company. No User may use, register, imitate, alter, challenge, or create a confusingly similar designation without the Company’s prior written authorization. Third-party marks remain the property of their respective owners.

§ 7.5 Feedback

If you voluntarily submit an idea, correction, recommendation, proposal, or other feedback concerning the Services (“Feedback”), you hereby grant the Company a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid license to use, reproduce, disclose, modify, adapt, commercialize, distribute, and otherwise exploit that Feedback for any lawful purpose without restriction, attribution, accounting, approval, or compensation. This license does not authorize public identification of you contrary to the Privacy Policy.

Article VIII — Restricted Conduct and Fair-Use Controls

§ 8.1 General Covenant

You covenant that you shall not, directly or indirectly, and shall not authorize, encourage, assist, direct, or permit another person to:

1. access or use the Services for an unlawful, fraudulent, deceptive, infringing, abusive, unauthorized, or competitive-intelligence purpose;
2. sell, assign, share, lend, rent, transfer, sublicense, distribute, commercially exploit, or otherwise furnish access to an Account, credential, authenticated session, Membership, Pass, or Content;
3. copy, photograph, record, screen-capture, reproduce, download, publish, transmit, distribute, display, translate, adapt, summarize for redistribution, or create derivative works from Content except for transitory personal use expressly enabled by the Services;
4. employ any robot, crawler, spider, scraper, browser automation, script, data-mining tool, headless browser, artificial-intelligence agent, or other automated method to access, query, monitor, copy, harvest, index, extract, reconstruct, or download the Services or Content;
5. use Content or information derived from Content to create, improve, validate, benchmark, train, fine-tune, test, or enrich any competing service, question bank, course, publication, dataset, taxonomy, benchmark, artificial-intelligence system, or machine-learning model;
6. systematically record, memorize for redistribution, reconstruct, map, compile, or extract questions, possible answers, explanations, metadata, statistics, database structure, selection logic, or the composition of a Content library;
7. circumvent, disable, probe, defeat, evade, or interfere with a rate limit, usage limit, access control, paywall, anti-automation measure, security control, technical protection measure, watermark, or Content-protection mechanism;
8. reverse engineer, decompile, disassemble, decode, translate, or attempt to discover source code, object code, algorithms, prompts, system instructions, non-public interfaces, database architecture, or confidential technical information, except solely to the extent a restriction is prohibited by law;
9. obtain or attempt to obtain unauthorized access to an Account, system, network, administrative interface, data store, or non-public portion of the Services;
10. interfere with availability or operation, impose a disproportionate load, transmit malicious code, conduct penetration or vulnerability testing without prior written authorization, or facilitate a denial-of-service or comparable attack;
11. impersonate a person, misrepresent identity or affiliation, establish deceptive or duplicate Accounts, evade enforcement, or conceal the origin of prohibited conduct;
12. submit, distribute, solicit, compare, or validate actual or suspected examination questions, confidential examination information, stolen Content, or material obtained in breach of an examination rule, candidate agreement, confidentiality obligation, or third-party right;
13. use the Services to cheat, facilitate cheating, misrepresent qualifications, or obtain an examination, credential, employment benefit, or other advantage through dishonest or unlawful means;
14. remove, conceal, or alter a copyright, trademark, confidentiality, attribution, watermark, or proprietary-rights notice; or
15. threaten, harass, abuse, defraud, or materially interfere with the Company, its personnel, representatives, users, systems, property, or operations.

§ 8.2 Fair-Use and Technical Restrictions

The Company may establish, modify, and enforce reasonable technical and usage restrictions to protect Content, infrastructure, commercial interests, and fair access. Such restrictions may be based upon request volume, speed, concurrency, repetition, access patterns, device count, network characteristics, Account associations, payment associations, or other indicators of automation, extraction, credential sharing, circumvention, or abuse.

No product designation, including “All-Access,” shall be construed as a waiver of fair-use restrictions or as authorization for automated, concurrent, systematic, commercial, or bulk consumption. The Company is not required to publish, maintain, or disclose a specific enforcement threshold.

§ 8.3 No Competitive Access

No competitor, examination-content provider, scraping operator, data broker, model developer, or person acting for any such party may access the Services for competitive analysis, Content acquisition, benchmarking, reverse engineering, dataset creation, or development of a substitute or derivative product without the Company’s prior written authorization.

Article IX — Monitoring, Investigation, Evidence, and Enforcement

§ 9.1 Protective Monitoring

To the extent permitted by law and consistent with the Privacy Policy, the Company may monitor access patterns, associate related Accounts or devices, preserve relevant records, investigate suspected violations, require verification, impose rate limits, block requests or devices, invalidate sessions, restrict functionality, suspend access, or terminate an Account.

§ 9.2 Confidentiality of Controls and Investigations

The Company shall have no obligation to disclose security architecture, fraud indicators, evidence, detection logic, investigation methods, enforcement thresholds, proprietary countermeasures, or non-public information where disclosure could compromise the Services, Content, another person, an investigation, a privilege, a contractual duty, or a legal right.

§ 9.3 Referrals and Disclosures

Where legally permitted, the Company may refer suspected unlawful, infringing, fraudulent, or examination-related misconduct and supporting information to payment merchants, rights holders, certification bodies, professional advisers, insurers, regulators, law-enforcement bodies, courts, or other competent authorities.

§ 9.4 Equitable and Cumulative Relief

You acknowledge that a breach of Articles VII or VIII may cause immediate and irreparable injury for which monetary damages alone would be inadequate. Accordingly, to the maximum extent permitted by law, the Company may seek temporary, preliminary, and permanent injunctive relief, specific performance, preservation orders, equitable accounting, and other equitable remedies without limiting its right to damages, recovery of enforcement costs where permitted, or any other legal or contractual remedy. All remedies are cumulative unless expressly stated otherwise.

Article X — Third-Party Services

The Services may link to, depend upon, or interoperate with third-party websites, authentication systems, payment services, cloud infrastructure, artificial-intelligence systems, analytics technologies, communications services, or other third-party products (collectively, “Third-Party Services”).

Where a third party acts independently, the Company does not control and, to the maximum extent permitted by law, is not responsible for that party’s acts, omissions, Content, availability, security, terms, policies, fees, or Processing practices. Third-Party Services may be modified, restricted, interrupted, or discontinued without notice to or control by the Company. The inclusion of a link, integration, or dependency does not constitute endorsement or assumption of liability.

Article XI — Availability, Modification, and Discontinuation

§ 11.1 No Continuous-Availability Undertaking

The Company does not undertake or warrant uninterrupted, continuous, timely, secure, or error-free availability. Access may be delayed, impaired, suspended, or unavailable because of maintenance, upgrades, capacity controls, Content review, security incidents, legal requirements, provider failure, network conditions, or events beyond the Company’s reasonable control.

§ 11.2 Modification of Services and Catalog

The Company may at any time add, remove, replace, correct, revise, reorganize, restrict, or discontinue Content, certifications, questions, explanations, features, interfaces, functionality, or other elements of the Services. The composition and size of the certification catalog may change during a Membership term. No purchase confers a perpetual or vested right to any particular question, item, certification, feature, interface, catalog composition, or method of delivery.

§ 11.3 Discontinuation

To the maximum extent permitted by law, the Company may suspend or permanently discontinue all or any portion of the Services without liability and without thereby creating a contractual right to any refund, credit, extension, replacement service, data export, or other compensation. Nothing in this Section excludes a remedy made mandatory by applicable law.

Article XII — Suspension and Termination

§ 12.1 Cessation by User

You may cease using the Services at any time. Ceasing use or deleting an Account does not cancel automatic renewal unless renewal is separately cancelled in accordance with Section 5.6. Cessation, abandonment, or deletion does not create a refund entitlement except where required by law.

§ 12.2 Suspension or Termination by Company

To the maximum extent permitted by law, the Company may restrict, suspend, or terminate an Account, transaction, license, or access to any portion of the Services, with or without prior notice, where: (a) you breach or are reasonably suspected of breaching this Agreement; (b) payment is not received, is reversed, or is subject to a suspected abusive or fraudulent chargeback; (c) activity presents a security, legal, operational, commercial, reputational, or fraud risk; (d) the Company reasonably suspects scraping, automation, Account sharing, bulk extraction, circumvention, infringement, examination misconduct, or abuse; (e) requested verification is not completed; (f) continued access could expose the Company or another person to liability, loss, or harm; or (g) the Company is required or requested to act by a payment merchant, rights holder, certification body, court, regulator, law-enforcement body, or other competent authority.

The Company may impose an interim restriction or suspension while investigating. A decision not to terminate based upon the information then available shall not waive the right to act upon later, corrected, or additional information.

§ 12.3 Consequences of Termination

Upon termination, every license and authorization granted under this Agreement terminates immediately, and you shall cease all access and use. Termination for breach, fraud, abuse, scraping, chargeback misconduct, Account sharing, circumvention, infringement, or other cause shall not create any refund or credit entitlement except where required by law.

Termination does not extinguish payment obligations, accrued claims, prior breaches, ownership rights, or remedies arising before termination. Provisions that by their nature should survive shall survive, including those concerning payment, refunds, ownership, restricted conduct, Feedback, monitoring, evidence, equitable relief, disclaimers, liability, indemnification, disputes, notices, and construction.

Article XIII — Disclaimers and Allocation of Risk

§ 13.1 General Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT ARE FURNISHED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” THE COMPANY EXPRESSLY DISCLAIMS EVERY EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTY, CONDITION, REPRESENTATION, AND UNDERTAKING, INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, CURRENCY, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

§ 13.2 Specific Disclaimer

Without limiting Section 13.1, the Company does not warrant that the Services or Content will be accurate, complete, current, uninterrupted, timely, available, secure, error-free, free of harmful components, compatible with every system or device, or suitable for any particular requirement; that defects will be identified or corrected; that a third-party service will remain available; or that any examination, certification, educational, employment, compensation, or commercial outcome will be obtained.

You assume all risk arising from reliance upon or use of the Services, subject to any risk that applicable law does not permit you to assume. Nothing in this Article excludes an express product commitment made at checkout or a warranty, conformity obligation, or consumer remedy that cannot lawfully be excluded.

Article XIV — Limitation of Liability

§ 14.1 Exclusion of Categories of Damage

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO COMPANY INDEMNITEE SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE, OR PUNITIVE DAMAGES; LOSS OF PROFIT, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, USE, CONTENT, OR DATA; BUSINESS INTERRUPTION; COST OF SUBSTITUTE SERVICES; EXAMINATION FEES; LOST CERTIFICATION, EDUCATIONAL, EMPLOYMENT, OR COMPENSATION OPPORTUNITIES; OR LOSS ARISING FROM UNAUTHORIZED ACCOUNT OR DATA ACCESS, WHETHER THE CLAIM SOUNDS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, RESTITUTION, OR ANY OTHER THEORY, EVEN IF THE POSSIBILITY OF SUCH LOSS WAS KNOWN OR REASONABLY FORESEEABLE.

§ 14.2 Aggregate Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ALL COMPANY INDEMNITEES, COLLECTIVELY, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, CONTENT, OR THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100).

The foregoing cap applies in the aggregate and not per event, claim, theory, claimant, or Company Indemnitee. The exclusions and cap apply notwithstanding the failure of the essential purpose of any limited remedy.

§ 14.3 Non-Excludable Liability

Nothing in this Agreement excludes or limits liability for fraud, fraudulent misrepresentation, willful misconduct, death or personal injury caused by negligence, or any other duty, liability, warranty, or remedy that cannot lawfully be excluded or limited. Where applicable law permits only a narrower limitation, the relevant provision shall apply to the maximum lawful extent.

§ 14.4 Essential Basis of Bargain

You acknowledge that the disclaimers, exclusions, and limitations contained in Articles XIII and XIV constitute an essential basis upon which the Company makes the Services available and allocates risk between the parties and that the applicable fees reflect that allocation.

Article XV — Indemnification

To the maximum extent permitted by law, you shall indemnify, defend, and hold harmless each Company Indemnitee from and against every claim, demand, proceeding, investigation, liability, judgment, award, damage, loss, penalty, settlement, cost, and reasonable professional fee arising out of or relating to: (a) your material breach of this Agreement; (b) your unlawful, fraudulent, infringing, dishonest, or abusive use of the Services; (c) Content or information you submit, transmit, or distribute; (d) your violation of a third party’s right, candidate agreement, examination obligation, or confidentiality duty; or (e) use of your Account by a person whom you authorized, enabled, or failed to prevent from obtaining access.

This Article does not require indemnification to the extent a claim was caused by the Company’s own unlawful conduct or to the extent indemnification is prohibited by law. The Company may assume control of the defense and settlement of an indemnified matter using counsel of its choosing. You shall furnish complete and prompt cooperation and shall not settle an indemnified matter without the Company’s prior written consent. The Company shall not enter a settlement imposing a personal admission or non-monetary obligation upon you without your consent, which shall not be unreasonably withheld.

Article XVI — Disputes, Applicable Law, and Limitations

§ 16.1 Mandatory Informal Resolution Procedure

Before commencing formal proceedings, a party shall provide written notice describing in reasonable detail the factual and legal basis of the dispute and the relief requested. Notice to the Company shall be sent to support@boardmentor.study with the subject line “Legal Dispute.” The parties shall use reasonable, good-faith efforts to resolve the dispute for not less than thirty (30) days after receipt of a sufficiently detailed notice.

The informal-resolution period does not prohibit a party from seeking urgent interim or injunctive relief, making a legally required filing, preserving a claim before expiration of a limitation period, reporting a matter to a competent authority, or exercising a non-waivable consumer right.

§ 16.2 Applicable Law and Competent Forum

This Agreement and any non-contractual dispute arising out of or relating to it shall be governed by the law applicable under the mandatory choice-of-law rules governing the relationship. Proceedings may be commenced only before a court, tribunal, or dispute-resolution body having jurisdiction under applicable law.

Nothing herein deprives a consumer of the protection of mandatory law or of access to a competent court, regulator, consumer-protection body, or dispute-resolution procedure where such access cannot lawfully be waived.

§ 16.3 Contractual Limitation Period

To the maximum extent permitted by law, any claim arising out of or relating to the Services, Content, or this Agreement must be commenced no later than one (1) year after the claimant knew or reasonably should have known of the facts giving rise to the claim. This contractual period does not apply where applicable law prohibits the shortening of an otherwise applicable limitation period.

Article XVII — Amendment of Terms

The Company may amend this Agreement to reflect changes in the Services, products, fees, operations, security requirements, commercial arrangements, or law. Each materially revised edition shall state a new effective date or version identifier.

For a material amendment, the Company may provide notice through the Services or by email and may require renewed affirmative acceptance before continued use. No amendment shall retroactively alter a completed purchase or accrued claim where prohibited by law. For a non-material amendment, continued use after notice and the effective date constitutes acceptance.

If you do not agree to amended Terms, you shall discontinue use and cancel any future renewal before the next charge is processed. Cancellation and refunds remain governed exclusively by Articles V and VI.

Article XVIII — General Provisions

§ 18.1 Entire Agreement

This Agreement, the Privacy Policy, applicable checkout disclosures, and any product-specific terms constitute the entire agreement between the parties concerning the Services and supersede all prior and contemporaneous proposals, representations, negotiations, communications, and understandings relating to the same subject matter, whether oral or written. You acknowledge that you have not relied upon a statement not expressly incorporated into this Agreement, subject to any reliance right that cannot lawfully be excluded.

§ 18.2 Severability and Reformation

If any provision is determined to be invalid, unlawful, or unenforceable, it shall be enforced to the maximum lawful extent and modified only to the minimum degree necessary to render it valid and enforceable while preserving its commercial purpose. If modification is not permitted, the affected provision shall be severed, and the remaining provisions shall continue in full force and effect.

§ 18.3 No Waiver

No failure, delay, partial exercise, investigation, accommodation, or course of dealing shall operate as a waiver of any right, power, privilege, or remedy. A waiver must be express and in writing and shall apply only to the specific instance for which it is given.

§ 18.4 Assignment and Succession

You may not assign, transfer, delegate, novate, or sublicense this Agreement, an Account, or any right or obligation hereunder without the Company’s prior written consent. The Company may assign, transfer, delegate, or novate this Agreement, in whole or in part, in connection with financing, restructuring, reorganization, merger, acquisition, sale of assets, change of control, or transfer of the Services, subject to mandatory law. This Agreement binds and benefits the parties and their permitted successors and assigns.

§ 18.5 Force Majeure

The Company shall not be liable for failure or delay caused by an event beyond its reasonable control, including natural disaster, severe weather, fire, flood, epidemic, pandemic, war, terrorism, civil disorder, labor dispute, governmental action, legal restriction, cyberattack, Internet or utility failure, cloud or telecommunications outage, payment-network failure, or failure of a third-party provider. This Section does not excuse a payment obligation accrued before the event or affect a right that cannot lawfully be excluded.

§ 18.6 Independent Parties; No Third-Party Beneficiaries

The parties are independent contracting parties. Nothing herein creates an employment, partnership, fiduciary, franchise, agency, representative, or joint-venture relationship. Except for Company Indemnitees expressly entitled to enforce provisions for their benefit, no person other than the parties has any right to enforce this Agreement.

§ 18.7 Electronic Communications and Notices

You consent to receive contractual, transactional, security, renewal, billing, policy, and legal communications electronically at the email address associated with your Account or through the Services. To the extent permitted by law, electronic communications satisfy any requirement that a notice, disclosure, or record be in writing.

You are responsible for maintaining a functioning email address and reviewing communications. Notices to the Company shall be delivered to support@boardmentor.study, unless a different method is mandatorily prescribed by law.

§ 18.8 No Construction Against Drafter

To the extent permitted by law, this Agreement shall not be construed against a party merely because that party or its advisers participated in drafting it. Each remedy is cumulative and not exclusive unless expressly stated otherwise.

§ 18.9 Language

This Agreement is drafted in English. A translation is furnished for convenience unless applicable law requires otherwise. To the extent permitted by law, the English version controls in the event of inconsistency.

Article XIX — Contact and Legal Notices

Questions, legal notices, cancellation assistance, and other communications concerning this Agreement may be directed to:

Boardmentor LTD
Attn: Legal Notices
Email: support@boardmentor.study
Website: https://cismexam.com

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