Examplary Terms of Service (individual accounts)

1. About Examplary and these Terms

1.1 Examplary is an online platform that helps teachers create tests, let students practise and grade work, supported by AI. Examplary is provided by Examplary B.V., a company registered in the Netherlands under Chamber of Commerce number 98672118 (VAT number NL868594684B01), Zijpendaalseweg 17, 6814 CB Arnhem, the Netherlands. You can reach us at hi@examplary.ai.

1.2 These Terms of Service (the Terms) apply when you create an individual account and use Examplary, on a free or a paid plan. Our Privacy Policy explains how we handle personal data.

1.3 Using Examplary for a school or other organisation? If the organisation itself becomes our customer, for example through a quote accepted on its behalf, or because you take out a paid Plan on its behalf, our Terms for Organisations and our data processing agreement apply instead of these Terms. Teachers and students who get access through their organisation do not need to accept these Terms.

1.4 Some clauses only apply to consumers, and others only to business users. You’re a business user if you work together with colleagues in a Workspace, if your school, company or other organisation reimburses you for your Plan, or if you pay with a VAT number, for example as a self-employed tutor or trainer. Everyone else is a consumer under these Terms, even if you use Examplary for your work as a teacher. This doesn’t take away any rights the law gives you as a consumer. Unless a clause says otherwise, it applies to everyone.

2. Definitions

• Account: your personal access to Examplary.
• AI features: features of Examplary that use AI models, such as generating questions, rubrics and feedback, suggesting grades and adapting practice spaces to a student’s level.
• Content: everything you or Participants put into Examplary or create with it, such as learning materials, tests, questions, rubrics, answers, grades and feedback, including Output.
• Output: what the AI features generate, such as questions, rubrics, suggested grades and feedback.
• Participant: a student or other person who takes any type of test or uses a practice space that you share through your Account. Participants join with a link or code, with a participant login, or by signing in with Google or Microsoft.
• Plan: the free or paid version of Examplary that you use: Free or Pro. Pro is priced per seat: one seat for each person who uses the Workspace.
• Subscription: your agreement with us for a paid Plan.
• Workspace: the place in Examplary where your Content is kept and where, on Plans that allow it, you work together with colleagues.

3. Your account

3.1 You must be at least 18 years old to create an Account. Participants don’t need an Account. A participant login, also when someone signs in with Google or Microsoft, is not an Account under these Terms: it only gives access to what you share, and we process the data on your behalf under Annex 1.

3.2 Give us correct information when you sign up, and keep it up to date.

3.3 Your Account is personal. Keep your login details secret and don’t share your Account with anyone. If you think someone else has access to your Account, change your password and let us know straight away.

3.4 On Plans that allow it, you can invite colleagues to your Workspace. Each colleague creates their own Account and accepts these Terms. As the administrator of the Workspace, you manage who has access and you handle the billing.

4. Plans, prices and payment

4.1 The features, limits and prices of each Plan are shown on our website and in Examplary before you choose a Plan. On the Pro Plan, the fee for your Subscription is the price per seat times the number of seats in your Workspace. If you add or remove colleagues, Examplary shows you the new fee before you confirm.

4.2 Prices for consumers include VAT. For business users, we show whether a price includes VAT, and VAT is charged according to the rules that apply to you.

4.3 You pay through our payment provider Stripe, using one of the payment methods offered. We charge the fee for your Subscription in advance for each billing period, monthly or yearly.

4.4 We may change our prices. We’ll tell you at least 30 days before a new price applies to your Subscription. If you don’t agree, you can cancel before the new price takes effect, and you won’t pay the new price.

4.5 If a payment fails, we’ll let you know and try again. If you still haven’t paid 14 days after our reminder, we may move your Account to the free Plan. Your Content then stays available within the limits of that Plan.

4.6 If you are a consumer, we only charge statutory interest and collection costs after a reminder that gives you at least 14 days to pay. If you are a business user, you owe statutory commercial interest from the due date.

5. Term, renewal and cancellation

5.1 A monthly Subscription renews every month until you cancel it. If you cancel, it ends at the end of the current month.

5.2 A yearly Subscription runs for one year. After that first year, it continues until you cancel it, and you can cancel at any time with one month’s notice. We then refund what you paid in advance for the period after your Subscription ends.

5.3 You can cancel in your account settings, by email, or in any other way we offer. Cancelling is as easy as signing up.

5.4 When your Subscription ends, your Account moves to the free Plan. You can also delete your Account at any time (see clause 12).

6. Right of withdrawal (consumers)

6.1 If you are a consumer, you can withdraw from a paid Subscription within 14 days after you took it out, without giving a reason.

6.2 To withdraw, send an email to hi@examplary.ai, or use the model withdrawal form in Annex 2. We confirm your withdrawal by email straight away.

6.3 If you withdraw, we refund everything you paid for the Subscription within 14 days, using the payment method you used. Your Account then moves to the free Plan.

7. Using Examplary

7.1 We give you a personal, non-exclusive and non-transferable right to use Examplary under these Terms, for as long as you have an Account.

7.2 Use Examplary lawfully and fairly. In particular, you may not:

• a. upload or share content that infringes someone else’s rights, such as copyright or privacy, or that is discriminatory, threatening or otherwise unlawful;
• b. upload viruses or other harmful code, or try to get around our security measures or usage limits;
• c. copy, sell or resell Examplary, or give others access to it outside the sharing features we offer;
• d. scrape Examplary, put it under unreasonable load, or test it for vulnerabilities without our written permission;
• e. reverse engineer Examplary, except where the law allows this;
• f. use Examplary or its Output to train AI models or to build a competing product;
• g. use the AI features to recognise the emotions of students, or for any other practice that the EU AI Act prohibits;
• h. base decisions about a student’s admission, placement, promotion or diploma solely on Output.

7.3 We may set reasonable limits on the use of the AI features to prevent misuse and excessive costs. The limits for your Plan are shown in Examplary or on our website.

8. Your content

8.1 Your Content remains yours. We don’t claim any rights to it, including any rights in Output.

8.2 You allow us to store, process and display your Content, and to generate Output from it, but only as far as needed to provide Examplary to you. This permission ends when your Content is deleted.

8.3 Examplary works like your own cloud storage. You're responsible for what you upload, so only upload materials you have permission to use. Examplary uses your uploads only within your Workspace, to generate questions, rubrics and feedback. We don’t publish your uploads and we don’t use them to train AI models. If you are a business user, you indemnify us against claims from third parties that your Content infringes their rights.

8.4 Your uploaded source materials are only visible to you and to colleagues you choose to share them with. Students never see them; they only see the tests and exercises you set for them. Agree with your colleagues who may use what you share.

8.5 Examplary can give you access to content from others, such as libraries from publishers or question types made by other developers. We show you who provides it. If the provider has its own terms for it, we show you those terms before you use the content, and you must follow them. The provider is responsible for the content itself, such as whether it is correct and whether it infringes anyone’s rights. If we learn that it is illegal, we act as described in clause 8.7. This clause doesn’t limit our responsibility for Examplary itself, your rights as a consumer under clause 11.4, or clause 14.

8.6 We may use anonymised, aggregated statistics about how Examplary is used to maintain and improve Examplary. These statistics can’t be traced back to you or anyone else.

8.7 If you think content in Examplary is illegal, for example because it infringes copyright, report it to us at support@examplary.ai. Tell us where the content is, why you think it is illegal and how we can reach you. We review every report by hand. If we remove or restrict content, we tell the person who posted it why, and how they can object. This address is also our point of contact under the EU Digital Services Act; you can write to us in English or Dutch.

9. AI features

9.1 Output is generated automatically and can be wrong, incomplete or unsuitable. Treat it as a proposal, and check it before you use it, share it or base a grade on it.

9.2 No grade or feedback is final until you have reviewed and approved it. You remain responsible for the grades and feedback you give your students.

9.3 We use AI models from other providers. Before we send typed content to an AI model, we remove names and other direct identifiers. For scanned paper tests, we send the whole scan, so a name written on the paper can be included. The AI models run at the fastest available location, preferably in the EU but possibly outside the European Economic Area. If your school or organisation is our customer (see clause 1.3) and is based in the European Economic Area, the AI features process its data only in the EU by default, as set out in our Terms for Organisations. Our providers may not use your Content to train or improve their models. Our Privacy Policy lists these providers.

9.4 When students talk directly with AI in Examplary, for example in a Persona chat, Examplary shows them that they are talking with AI. Tell your students when you use AI to give feedback or to suggest grades; we provide example texts for this.

9.5 Examplary’s AI is designed to write new questions rather than copy existing questions from your materials word for word. This doesn’t apply when you deliberately import an existing test; only do that with tests you made yourself or have permission to use. AI can make mistakes, so we can’t rule out that a question occasionally matches existing material. Check your questions before you use them.

10. Students and other participants

10.1 You decide which Participants you invite and which data about them you put into Examplary. Make sure you are allowed to do so, and that Participants are informed. For children, this may also mean informing their parents or guardians. We provide example texts.

10.2 For personal data of Participants, you, or the school or organisation you work for, are the controller. We process that data on your behalf, under the Data Processing Terms in Annex 1.

10.3 Using Examplary with your students as a teacher at a school? Check whether your school allows this. Your school may need to conclude a data processing agreement with us; our licences for schools include one.

10.4 Don’t put more personal data into Examplary than you need. Don’t enter special categories of personal data, such as health information, unless this is necessary and allowed.

11. Availability, changes and support

11.1 We work to keep Examplary available and reliable, but we can’t guarantee that it will always work without interruptions or errors. Where possible, we announce planned maintenance in advance on status.examplary.ai.

11.2 We keep developing Examplary and may add, change or remove features. If a change has more than a minor negative effect on your use of a paid Plan, we tell you in advance. You can then end your Subscription free of charge within 30 days after the change, and we refund what you paid in advance for the period after it ends.

11.3 Questions or problems? Contact us at hi@examplary.ai. We aim to respond within two working days.

11.4 If you are a consumer, the law gives you rights if Examplary doesn’t work as agreed, such as having the problem fixed, getting a price reduction or ending the contract. These Terms don’t limit those rights.

12. Suspension and ending your account

12.1 You can delete your Account at any time in your account settings. If you have a paid Subscription, deleting your Account also cancels it.

12.2 We may suspend or close your Account if you seriously or repeatedly breach these Terms, if you use Examplary in a way that harms others, or if the law requires us to. Unless that isn’t possible or allowed, we warn you first and give you a chance to fix the problem. We always tell you why.

12.3 If we close your Account, we refund what you paid in advance for the remaining period, minus any costs your breach has caused us.

12.4 Free Accounts stay available until you delete them, even if you don’t use them for a while. If we ever decide to close unused free Accounts, we email you at least one month in advance, so you can export your Content first.

13. Exporting your content and switching

13.1 You can export your Content at any time, for example tests and questions in QTI 2.1, QTI 3.0 or PDF, and results in a common file format. You can’t export practice spaces and their results yourself yet. If you need them, for example to switch to another service or to answer a request from a student, ask us and we’ll send them to you in a common file format.

13.2 Want to switch to another service? Let us know. We help you move your exportable Content within 30 days. If that is technically not possible, we tell you within 14 working days and agree a different period, of no more than seven months. Switching is free of charge.

13.3 If your Account is deleted or closed, we keep your Content for 30 days so you can still ask us for an export, unless you asked us to delete it straight away. After that, we delete it as described in our Privacy Policy.

14. Liability

14.1 If you are a consumer, we are liable for damage that is a foreseeable result of our failure to comply with these Terms. We are not liable for damage that you could have prevented by checking Output before using it, as clause 9 asks you to.

14.2 If you are a business user, our total liability is limited to the amount you paid us in the 12 months before the damage occurred, with a minimum of €100. We are not liable for indirect damage, such as lost profit or damage to reputation.

14.3 The limitations in this clause don’t apply to damage caused by our intent or gross negligence, or to death or personal injury. They don’t limit your statutory rights as a consumer either.

14.4 We are not liable if we can’t meet our obligations because of circumstances beyond our control, such as a large-scale internet outage or a cyberattack that we could not reasonably prevent.

15. Changes to these Terms

15.1 We may change these Terms, for example because of new features or new laws. We tell you about important changes at least 30 days before they take effect, by email or in Examplary.

15.2 If you don’t agree with a change, you can cancel your Subscription or delete your Account before the change takes effect. We then refund what you paid in advance for the period after your Subscription ends.

15.3 Changes that the law requires, or that don’t disadvantage you, may take effect sooner.

16. Governing law, complaints and disputes

16.1 Dutch law applies to these Terms. If you are a consumer and live outside the Netherlands, you also keep the protection of the mandatory consumer laws of the country where you live.

16.2 Not happy with Examplary? Tell us at hi@examplary.ai. We aim to respond within two working days, and always respond within 14 days.

16.3 If we can’t solve a dispute together:

• a business user can bring it before the competent court of the District Court of Gelderland (Rechtbank Gelderland) in the Netherlands;
• a consumer can bring it before the competent court in the Netherlands or in the country where they live. We can only take a consumer to court in the country where they live.

17. Other provisions

17.1 We may transfer our rights and obligations under these Terms to a company that takes over Examplary or the relevant part of it. We tell you in advance. If you are a consumer and don’t agree, you can end your Subscription, and we refund what you paid in advance for the remaining period.

17.2 You may not transfer your Account or Subscription to someone else without our permission.

17.3 If a clause in these Terms is invalid, the rest of the Terms still apply.

17.4 These Terms are available in English and Dutch. If the versions differ, the version in the language you used to sign up applies.

17.5 These Terms were last updated on the 8th of October, 2026.

Annex 1: Data Processing Terms

These Data Processing Terms apply when you use Examplary to process personal data of Participants or other people for whom you, or the school or organisation you work for, are the controller (Participant Data). They set out what Article 28 of the General Data Protection Regulation (GDPR) requires. They don’t apply when an organisation is our customer; it then has its own data processing agreement with us.

1. Subject and duration. We process Participant Data to provide Examplary to you: storing, displaying and analysing tests, practice, answers, grades and feedback, and generating Output with the AI features. We do this for as long as you have an Account, and afterwards until the data is deleted under point 9.
2. Data and data subjects. The data subjects are Participants and other people in your Content. The data includes names or other identifiers that you or Participants enter, answers, results, grades, feedback, and usage data such as log data and IP addresses.
3. Instructions. We process Participant Data only on your instructions. These Terms and your settings in Examplary are your instructions. If the law requires us to process the data in another way, we tell you first, unless the law forbids that. If we think an instruction breaks data protection law, we tell you.
4. Confidentiality. Everyone who processes Participant Data for us is bound to confidentiality.
5. Security. We take appropriate technical and organisational measures, including encryption in transit and at rest, access on a need-to-know basis, logging, daily backups and regular security testing.
6. Subprocessors. You authorise us to use the subprocessors listed in our Privacy Policy, such as Amazon Web Services for hosting and Google Cloud for the AI features. We tell you at least 30 days before we add or replace a subprocessor. If you object on reasonable grounds and we can’t meet your objection, you can end your Subscription and we refund the remaining period. Our subprocessors are bound by the same data protection obligations as we are under these terms. Question types and other add-ons from other developers run inside Examplary and don’t send Participant Data to those developers.
7. Assistance. We help you respond to Participants who exercise their rights, for example by forwarding their requests to you and by offering export and delete functions. We also help you with data protection impact assessments and with consulting a supervisory authority where needed.
8. Data breaches. We inform you without undue delay, and where possible within 48 hours, after we become aware of a personal data breach involving Participant Data. We give you the information you need to meet your own obligations, and we take measures to limit the consequences.
9. Deletion. When your Account ends, you can export Participant Data as described in clause 13 of the Terms. We then delete it within 30 days, unless the law requires us to keep it. Logs of the AI features are an exception: we keep them for 12 months after they are created. Backups are overwritten within a further 30 days.
10. Location and transfers. We store Participant Data in the European Union. The AI features may process it at the fastest available location, which can be outside the European Economic Area. We only transfer it outside the European Economic Area with appropriate safeguards, such as an adequacy decision, the EU-U.S. Data Privacy Framework or the EU standard contractual clauses. If your school or organisation is our customer (see clause 1.3) and is based in the European Economic Area, the AI features process its data only in the EU by default, as set out in our Terms for Organisations.
11. Information and audits. We give you the information you need to show that we comply with these terms, such as a summary of our security measures. Once a year, at your own cost and after reasonable notice, you can have an independent auditor check our compliance.
12. Your responsibilities. You make sure you have a legal basis for processing Participant Data, that Participants are informed, and that you only enter the data you need.
13. Liability. Clause 14 of the Terms applies.

Annex 2: Model withdrawal form

Only fill in and return this form if you want to withdraw from your Subscription.

To: Examplary B.V., Zijpendaalseweg 17, 6814 CB Arnhem, the Netherlands, hi@examplary.ai

• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service: Examplary, [Plan]
• Ordered on:
• Name of consumer(s):
• Address of consumer(s):
• Email address of the Account:
• Signature of consumer(s) (only if this form is sent on paper):
• Date:

(*) Delete as appropriate.