Terms of use
These terms govern the use of tech-exam. They apply from registration onwards and to every examination run through the platform.
The platform is entirely free of charge until at least summer 2027. Until then clause 9 does not apply.
1. Scope
1.1. These terms govern the use of the web platform tech-exam (the «platform»), operated by Lukas Roth, Birrenbergstrasse 6, 5620 Bremgarten, Switzerland (the «operator»). 1.2. The platform is addressed to teachers at Swiss schools who create, manage and assess examinations; to learners who sit examinations; and to schools and educational institutions that deploy it across the institution (the «institutions»). Teachers, learners and institutions are referred to together as the «users». 1.3. Registering for or using the platform constitutes acceptance of these terms. Differing or supplementary terms of the users apply only where the operator has expressly agreed to them in writing. 1.4. The operator may amend these terms. Amendments are communicated at least 30 days before they take effect, by email or through the platform. Anyone who continues to use the platform after that date accepts the new version. Material amendments require fresh express consent.
2. What the platform does
2.1. tech-exam is a web-based examination platform for Swiss schools. It allows in particular: creating examination tasks, including with SVG graphics and Python code in WebTigerPython and WebEduPy; running examinations in a controlled browser environment (Safe Exam Browser); submitting work automatically; having it assessed by the teacher; and returning the results by email. 2.2. The platform is provided as a cloud service accessed through a web browser. No installation is required, except the Safe Exam Browser for the examination itself. 2.3. The platform is currently available free of charge with its full range of functions; the number of examinations and participants is not limited. The operator reserves the right to distinguish in future between a free basic tier and a paid tier with extended functions. Any such distinction will be announced in accordance with clause 1.4. 2.4. The operator may develop, adapt or discontinue individual functions, provided the essential contractual scope of the service is not materially reduced. Material restrictions are announced at least 60 days in advance.
3. Account and registration
3.1. Use requires registration. The details given must be truthful and complete; changes must be updated without delay. 3.2. Teachers and institutions register themselves. By registering they confirm that they are authorised to use the platform in a school context. 3.3. Learners are as a rule given access by their teacher or their institution, which ensures that the necessary legal basis and any consents are in place. In this respect: — In regular school operation, use rests on the school's public mandate (cantonal education law). Individual consent is as a rule not required; responsibility lies with the school. — Where use goes beyond the school's mandate, consent must be obtained. What matters is not age alone but the capacity of judgement under Art. 16 and Art. 19c of the Swiss Civil Code: minors with capacity of judgement may consent themselves within the scope of that capacity; for learners without it, the legal representative acts. — For public schools in the canton of Aargau, data processing is governed by the IDAG (SAR 150.700); the school remains the controller even where processing is outsourced. 3.4. Everyone is responsible for keeping their access credentials confidential. The operator is not liable for damage resulting from unauthorised use of credentials unless it is attributable to the operator. 3.5. The operator may block or delete an account where these terms have been breached or where false details were given on registration. 3.6. An account with no sign-in for twelve months is deleted. Notice is sent to the registered email address two months and again two weeks before deletion; a single sign-in restarts the period. What is deleted is the account and the content linked to it, including the exams as well as learners' submissions and marks.
4. Obligations of the users
4.1. The platform may be used only for its purpose, the creation and running of school examinations. In particular it is prohibited to upload unlawful, insulting, discriminatory or otherwise offensive content; to circumvent or manipulate technical protection measures; to carry out automated access (bots, scraping, crawling) without the operator's express consent; and to act in ways liable to impair the functioning or security of the platform. 4.2. Teachers are responsible for ensuring that their examination content does not infringe third-party rights, in particular copyright. 4.3. Teachers and institutions are responsible for informing learners about these terms and about the processing of their data, and for obtaining any consents required. 4.4. In the event of a breach the operator may restrict or block access. Claims for damages are reserved.
5. Availability
5.1. The operator endeavours to achieve high availability but cannot warrant uninterrupted availability. The platform is provided as it is and as available. 5.2. Planned maintenance is carried out where possible outside usual school hours — that is, not Monday to Friday between 07:00 and 17:00 Swiss time — and is announced in good time. 5.3. Interruptions may arise in particular from planned or unplanned maintenance, technical faults at third-party providers, force majeure, and cyber attacks or security incidents. 5.4. The operator does not warrant that the platform works free of errors or is fit for any particular purpose. In particular it does not warrant that examinations can be run without disruption in all circumstances. Users are advised to have a fallback plan in place for every examination.
6. Liability
6.1. The operator is liable without limitation for damage caused intentionally or by gross negligence (Art. 100 para. 1 of the Swiss Code of Obligations). 6.2. In cases of slight negligence the operator is liable only for breach of essential contractual obligations, and at most up to the fees paid in the twelve months preceding the damaging event. Where the platform is used free of charge, liability for slight negligence is excluded to the extent permitted by law; for gratuitous services the milder standard of Art. 99 para. 2 of the Code of Obligations applies in addition. 6.3. Liability for indirect damage, consequential damage, lost profit, loss of data and business interruption is excluded to the extent permitted by law. This does not apply in cases of intent or gross negligence. 6.4. The operator is not liable for damage arising from defective or unsuitable devices, programs or network connections of the users; for content created or uploaded by users; for the substantive correctness of examination tasks and assessments; for outages at third-party providers; or for damage arising from failure to observe these terms or the operating instructions. 6.5. The statutory limitation periods apply.
7. Data protection
7.1. Personal data are processed in accordance with the Swiss Federal Act on Data Protection (FADP) and, where applicable, the European General Data Protection Regulation. 7.2. The details are set out in the privacy policy. It forms part of these terms. 7.3. Accounts, examinations, submissions and assessments are held on servers in Switzerland. The backups are held encrypted on a device in Switzerland; deleted examination data remain in them for up to a year. 7.4. Email delivery is an exception — returning results, registration, password reset. It runs through a provider based in the United States; sending takes place from Ireland, but the service's delivery logs and account data are held in the United States. The email address, the name and the examination result are transmitted. The disclosure rests on the European Commission's standard contractual clauses as adapted for Switzerland (Art. 16 para. 2 let. d FADP). A second disclosure concerns the delivery of the website; it too is named in the privacy policy. 7.5. Where teachers or institutions process personal data through the platform as controllers, the operator acts on their behalf. The details are governed by a data processing agreement, provided on request. For public schools in the canton of Aargau it follows the IDAG (SAR 150.700) and the VIDAG (SAR 150.711).
8. Intellectual property
8.1. The rights in the platform — software, design, logos, texts, graphics — belong to the operator or its licensors. Users receive a non-exclusive, non-transferable and revocable right to use the platform within the scope of these terms. 8.2. Examination content created by teachers — tasks, solutions, graphics, code — remains with the teacher or their employer. The operator receives a simple right, limited to the period of use, to store, process and display it as far as necessary for operating the service. 8.3. Examination answers produced by learners remain with the learners. The operator receives the rights necessary for operating the service: storing, transmitting to the teacher, displaying. 8.4. The platform may not be decompiled or reverse-engineered, and no attempt may be made to extract its source code, except to the extent mandatorily permitted by law (in particular Art. 21 of the Swiss Copyright Act).
9. Prices
9.1. Using the platform remains entirely free of charge at least until summer 2027. Whether it remains free afterwards or a paid tier is introduced is not yet decided; that decision depends, among other things, on how many schools and teachers use the platform by then. Any paid tier will be announced at least 30 days in advance in accordance with clause 1.4. 9.2. Should the operator introduce a paid tier, the price for an individual licence for teachers will be at most CHF 49 for the 2027/28 school year. Prices for the period after that, and for school licences, will be announced when they are introduced. Existing free accounts will not be charged retroactively as a result. 9.3. Details on the billing period, means of payment and due dates will be announced together with the notice under clause 9.1. 9.4. Price changes for existing subscriptions are announced at least 60 days in advance. In that case there is an extraordinary right of termination as at the date of the change.
10. Term and termination
10.1. The relationship for free use runs for an indefinite period and may be ended at any time by either side, without giving reasons, by deleting the account. 10.2. A paid subscription runs for the chosen billing period and renews for a further period unless terminated with 30 days' notice to the end of that period. 10.3. Either side may terminate at any time with immediate effect for good cause. Good cause exists in particular where these terms are breached repeatedly or seriously, where the platform is misused for unlawful purposes, or where insolvency proceedings are opened against a party or refused for lack of assets. 10.4. After the relationship ends, the data are handled in accordance with the privacy policy. Content may be exported beforehand; the operator allows a period of 30 days from the end of the contract for this. 10.5. Fees already paid for the remaining term are not refunded where the user terminates in the ordinary way. The same applies where the operator terminates with immediate effect for a reason attributable to the user.
11. Final provisions
11.1. Applicable law: Swiss law applies, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. 11.2. Place of jurisdiction: for disputes arising from these terms, the place of jurisdiction is the operator's domicile in the canton of Aargau, unless the law mandatorily prescribes another. The mandatory places of jurisdiction for consumer contracts under Art. 32 of the Swiss Civil Procedure Code are reserved. 11.3. Severability: if a provision is invalid or unenforceable, the remainder of the text remains valid. It is replaced by a valid provision that comes closest to its economic purpose. 11.4. Assignment: rights and obligations under this contract may not be transferred to third parties without the operator's prior written consent. The operator may transfer them to a legal successor in the course of a business transfer or restructuring; users are informed beforehand. 11.5. Waiver: failure to enforce a right under these terms does not constitute a waiver of it. 11.6. Form: amendments and supplements require written form; this also applies to any waiver of that requirement. Email suffices unless the law requires a stricter form. 11.7. Language: these terms are drawn up in German. In the event of discrepancies between the language versions, the German version prevails.
Contact
Lukas Roth Birrenbergstrasse 6 5620 Bremgarten Switzerland Email: info@tech-exam.ch
As at September 2026. In case of doubt the German version prevails (clause 11.7).