TestPest AI — Terms of Service

Version 2.0 · Last updated: June 24, 2026 · Effective date: June 24, 2026

These Terms of Service ("Terms") form a binding legal agreement between you ("you," "your," "user") and TestPest AI ("TestPest," "we," "us," "our") and govern your access to and use of the website located at testpestai.com, together with all related subdomains, applications, features, content, and services we provide (collectively, the "Service"). Please read these Terms carefully. By creating an account, checking the acceptance box at sign-up, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, Cookie Policy, and Acceptable Use Policy, each of which is incorporated into these Terms by reference. If you do not agree to these Terms, do not access or use the Service.

1. Who we are and how to contact us

TestPest AI, operated by VALA Web Design & Marketing, Inc. of Jacksonville, Florida, is a free, donation-supported online study platform offering gamified practice for the SAT, ACT, PSAT, and AP examinations, along with an AI-powered tutor, practice tests, score reports, and related educational tools. For any questions about these Terms or the Service, contact us at testpestai@gmail.com.

2. Eligibility and age requirements

The Service is intended for users who are 13 years of age or older. By using the Service you represent and warrant that you are at least 13. If you are under 18 (or the age of majority where you live), you may use the Service only with the involvement, knowledge, and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. We do not knowingly permit children under 13 to create accounts or submit personal information; if we learn that we have collected personal information from a child under 13 without verifiable parental consent, we will delete it. Parents and guardians are responsible for supervising their child's use of the Service.

If you use the Service on behalf of a school, district, tutoring organization, or other entity, you represent that you are authorized to accept these Terms on that entity's behalf, and "you" refers to both you and that entity.

3. Accounts and registration

To access certain features (including taking practice tests, saving progress, earning rewards, and using multiplayer or social features) you must create an account. When you register, you agree to: (a) provide accurate, current, and complete information; (b) maintain and promptly update that information; (c) keep your password confidential and not share your account; and (d) accept responsibility for all activity that occurs under your account. You must notify us immediately at testpestai@gmail.com of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to safeguard your credentials. We reserve the right to reclaim usernames, disable accounts, or refuse registration at our discretion, including for impersonation, inactivity, or violation of these Terms.

4. The Service is free; donations; no purchase necessary

The Service is provided free of charge to students. We do not charge tuition, subscription, or per-test fees for student access, and we do not require a credit card to study. We rely on voluntary donations and, in the future, optional paid tiers for educators, tutors, and organizations to keep the Service running and free for students. Donations are voluntary, non-refundable except where required by law, and do not entitle you to any additional features, ownership interest, tax outcome, or guarantee regarding the continued availability of the Service. Any educator, tutor, parent, or organizational plan that carries a fee will display its price and billing terms clearly before you commit, and additional terms may apply to those plans.

5. Virtual items, points, streaks, and rewards

The Service includes gamification features such as experience points ("XP"), coins, streaks, medals, achievements, badges, leaderboards, daily missions, and similar virtual items (collectively, "Virtual Items"). Virtual Items have no monetary value, are not your property, cannot be redeemed for cash or anything of value, and cannot be sold, transferred, or exchanged outside the Service. We grant you a limited, personal, revocable, non-transferable license to use Virtual Items within the Service for entertainment and motivational purposes only. We may create, manage, modify, devalue, reset, or eliminate Virtual Items at any time, with or without notice, and we have no liability for doing so. We may revoke or reset Virtual Items obtained through bugs, exploits, automation, multiple accounts, or any conduct that violates these Terms or the Acceptable Use Policy.

6. AI tutor, AI grading, and generated content

The Service uses artificial intelligence to provide tutoring assistance, hints, explanations, generated practice questions, and scoring of free-response answers (including AI-graded "FRQ" responses). AI outputs can be incomplete, inaccurate, outdated, or wrong. AI scoring, feedback, and explanations are estimates intended for practice only; they are not official scores, not guaranteed to match how an official exam would be scored, and must not be relied upon as a substitute for professional instruction or official testing. You are responsible for evaluating the accuracy and appropriateness of any AI output before relying on it. AI-generated practice content is created to resemble the style of standardized tests but is original; it is not produced by, endorsed by, or sourced from any official testing organization.

7. Educational disclaimer and no guarantee of results

TestPest is a study aid. We do not guarantee any particular score, score improvement, admission outcome, or other result. Estimated or "predicted" scores shown anywhere in the Service are approximations derived from your practice performance and are not for official use. Your actual performance on the SAT, ACT, PSAT, AP, or any other examination depends on many factors outside our control. Nothing in the Service constitutes professional, academic, admissions, financial, or legal advice.

8. Not affiliated with the test makers; trademarks

TestPest AI is an independent study platform. We are not affiliated with, endorsed by, sponsored by, or in any way officially connected to the College Board, ACT, Inc., Educational Testing Service (ETS), or any other testing or educational organization. "SAT," "PSAT/NMSQT," "Advanced Placement," and "AP" are trademarks registered by the College Board; "ACT" is a registered trademark of ACT, Inc. These and all other trademarks, service marks, and trade names referenced in the Service are the property of their respective owners and are used only for identification and descriptive purposes. Any reference to such marks does not imply any affiliation or endorsement.

9. License to use the Service

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your own personal, non-commercial educational use (or, for paid educator/organizational plans, for the internal educational use described in those plans). This license does not include any right to resell or make commercial use of the Service or its contents; to collect or use product listings, descriptions, questions, or other content; to use data mining, robots, scrapers, or similar tools; or to download or copy content except as expressly permitted by these Terms.

10. Intellectual property

The Service and all of its content, features, and functionality — including text, practice questions, passages, explanations, software, code, designs, graphics, the TestPest name and logo, the "Pesty" mascot, user interfaces, and the selection and arrangement of content (collectively, "TestPest Content") — are owned by TestPest or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. Except for the limited license granted above, no right, title, or interest in any TestPest Content is transferred to you. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works from, republish, scrape, or otherwise exploit any TestPest Content without our prior written permission.

11. User content and feedback

The Service may allow you to submit content, including answers, notes, uploaded files (such as score reports or your own study notes for the "practice from your notes" feature), nicknames, messages, and other materials ("User Content"). You retain ownership of your User Content. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, process, adapt, and display that User Content solely to operate, provide, secure, and improve the Service, and as otherwise described in our Privacy Policy. You represent and warrant that you own or have the necessary rights to your User Content and that it does not violate these Terms, the Acceptable Use Policy, or any law or third-party right. Do not submit secure, copyrighted, or official test questions, or any sensitive personal information, into the Service. If you send us suggestions, ideas, or feedback, you agree that we may use them without restriction or obligation to you.

12. Acceptable use

Your use of the Service is subject to our Acceptable Use Policy, which prohibits, among other things, harassment and hate speech; cheating, botting, scripting, and reward-farming; scraping or bulk-downloading our content; using our content to train models or build a competing service; attempting to breach security or access other accounts; and uploading malware or unlawful content. Violations may result in removal of content, loss of Virtual Items, and suspension or termination of your account.

13. Third-party services and links

The Service may integrate with or link to third-party services and content (for example, Supabase infrastructure, AI providers, payment or donation processors, Khan Academy links, and analytics tools). We do not control and are not responsible for third-party services, their content, or their privacy and security practices. Your use of third-party services may be governed by separate terms, and you access them at your own risk.

14. Suspension and termination

You may stop using the Service and delete your account at any time. We may suspend, restrict, or terminate your access to all or part of the Service at any time, with or without notice, including if we believe you have violated these Terms or the Acceptable Use Policy, if required by law, to protect users or the Service, or if we discontinue the Service. Upon termination, the license granted to you ends and you must stop using the Service. Sections that by their nature should survive termination — including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.

15. Disclaimers of warranties

THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; THAT CONTENT (INCLUDING AI OUTPUTS, QUESTIONS, EXPLANATIONS, OR SCORES) WILL BE ACCURATE OR RELIABLE; OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

16. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TESTPEST OR ITS OPERATORS, CONTRIBUTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US, IF ANY, IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

17. Indemnification

You agree to defend, indemnify, and hold harmless TestPest and VALA Web Design & Marketing, Inc., and their operators, contributors, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms, the Acceptable Use Policy, or any law; or (d) your violation of any third-party right. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with us.

18. Governing law and dispute resolution

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws principles. Subject to the informal-resolution requirement below, you agree that any dispute will be resolved exclusively in the state or federal courts located in Florida, and you consent to personal jurisdiction and venue there. Before filing any claim, you agree to first contact us at testpestai@gmail.com and attempt in good faith to resolve the dispute informally for at least thirty (30) days. To the extent permitted by law, any claim must be brought within one (1) year after it arises. Nothing in this section limits any non-waivable rights you may have under the laws of your jurisdiction.

19. Changes to the Service and to these Terms

We are continually improving the Service and may add, change, suspend, or remove features at any time without notice. We may also revise these Terms from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, provide additional notice (such as an in-product notice or email). Changes are effective when posted unless stated otherwise. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service.

20. General provisions

These Terms, together with the Privacy Policy, Cookie Policy, and Acceptable Use Policy, constitute the entire agreement between you and TestPest regarding the Service and supersede all prior agreements. If any provision is found unenforceable, the remaining provisions will remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. Our failure to enforce any provision is not a waiver of that provision. You may not assign or transfer these Terms without our prior written consent; we may assign them freely. There are no third-party beneficiaries to these Terms. Headings are for convenience only and do not affect interpretation.

21. Contact

Questions about these Terms? Email testpestai@gmail.com.

These Terms are provided for general informational purposes and do not constitute legal advice. You may wish to consult a licensed attorney to ensure they meet your specific needs and comply with all applicable laws.