Last Updated: 23rd April 2023

1. The Ultipa Certification Program

1.1 Participation Requirements

To participate in the Program, you must comply with all requirements applicable to the Program including as provided in this agreement.

1.2 Valid Certification

To obtain an Ultipa Certification, you must take the applicable Certification Test and receive a passing score. The period of validity of each Ultipa Certification is described on the Ultipa Certification Site, following the date on which you successfully pass the applicable Certification Test.

1.3 Ultipa Certification Account

Your Ultipa account is used to participate in Ultipa Certification Program, you will:

(a) maintain the confidentiality of your Ultipa account and login credentials;

(b) not allow any other individual to access your Ultipa account or Ultipa Certification benefits for any reason, including to register for an Ultipa Certification test on your behalf;

(c) ensure all Ultipa Certification account information is current including, but not limited to, an email address that you regularly check and that is able to receive email correspondence from the @ultipa.com domain.

1.4 Cancellation and Reschedule

You are required to take the applicable Certification Test within the period as described on the Ultipa Certification Site, following the date on which you successfully pay and register for the applicable Certification Test. Reschedule is not allowed.

We only accept cancellation requests within 7 days after your registration of the applicable Certification Test, 10% of your payment will be deducted as processing fee. To cancel your Ultipa Certification, you must send request to [email protected] and your payment will be refunded (if applicable) accordingly. You cannot cancel your Certification Test once you start to take the Certification Test.

1.5 Your Responsibilities

At all times when representing yourself as a recipient of an Ultipa Certification or participating in the Ultipa Certification Program (e.g., through registration, testing, scoring, and reporting activities), you will:

(a) conduct the activities as required in a professional manner;

(b) not imply any relationship or affiliation between Ultipa and you, except as expressly permitted by this agreement;

(c) report any Unauthorized Content Disclosures, including any Certification Test or Testing Materials you have accessed, to Ultipa at [email protected].

1.6 Use of Name and Logo

If you obtain an Ultipa Certification, we grant you the limited right to use the name of the specific Ultipa Certification that you obtained and the associated Ultipa Marks, which will be made available in your Ultipa account or through our third-party digital badge provider. You may only use the Ultipa Marks to indicate your valid Ultipa Certification status. We may revoke your right to use any Ultipa Marks associated with the Ultipa Certification at any time by giving you written notice.

2. Testing

2.1 Testing Rules

You will comply with all rules and regulations applicable to registration, administration, scoring and reporting of the Certification Test as set forth by Ultipa, including, without limitation, fully and truthfully cooperating with any investigation into testing irregularities. In addition, you will not:

(a)receive or provide unauthorized assistance, or submit work that is not your own;

(b)possess, access, or use unauthorized materials including Unauthorized Content Disclosures of any Certification Test or Testing Materials;

(c)falsify your identity or identification documents, or misuse any testing identification number, username, or other credentials that have been provided to you;

(d)allow another individual to test under your identity;

(e)claim test results that you did not validly obtain;

(f)disclose or disseminate the content of any Certification Test or Testing Materials;

(g)consume, smoke, or be under the influence of alcohol or drugs during any Certification Test;

(h) engage in disruptive, abusive, threatening, or destructive behaviors during any

Certification Test;

(i) use or run any hardware or software during the Test Session that could be used to violate the Certification Requirements including, but not limited to, additional monitors, peripherals, virtual machines, and remote desktop, screen-sharing, image capture, or communication software found on any computer you used to take a Certification Test through Online Test Delivery; or

(j) take Certification Test through Online Test Delivery in a test center or training center.

2.2 Retakes

If you do not pass a Certification Test, you may retake that Certification Test only in accordance with the retake policy as described on the Ultipa Certification Site and any other policies communicated to you in writing by Ultipa.

2.3 Confidentiality

You agree that all Testing Materials, including Certification Tests, are Ultipa Confidential Information. Ultipa owns all right, title and interest in its Confidential Information, including all technology and intellectual property rights. You may not use, disclose, reproduce, copy, transmit, distribute, or make derivative works of Ultipa Confidential Information in any form.

2.4 Benefits

If you hold one or more active Ultipa Certification(s), you may earn additional benefits as described on the Ultipa Certification Site. All benefits, including discounted test vouchers, are non-transferable and intended for use solely by the individual who earned the benefit and by the Ultipa account to which the benefit was originally assigned. If Ultipa, in its sole discretion, determines you misused, transferred, or allowed improper access to a benefit, Ultipa may invalidate the test result related to your misconduct. We will not reinstate the benefit, and you will not be eligible for a refund or any compensation as a result of such action.

2.5 Account Information

Ultipa will use your Account Information and personal information in accordance with the Ultipa Privacy Policy (available at https://www.ultipa.com/policy/legal-notices/privacy-policy). You consent to Ultipa’s use of your personal information (as defined by the Privacy Policy) to prevent and detect fraud and abuse in order to protect the security and validity of Certification Test.

2.6 Sharing with Coordinators

If a Coordinator has arranged for you to participate in the Ultipa Certification Program, Ultipa may share Certification Data with the Coordinator to confirm that Ultipa has delivered Ultipa Certification in accordance with the terms agreed between Ultipa and the Coordinator, to identify additional Ultipa Certification that might be of interest to you or the Coordinator, and as described in the Ultipa Privacy Policy.

2.7 Noncompliance

If Ultipa or a Certification Test provider determines that you have violated the terms of this agreement before, during, or after a Certification Test, Ultipa or the Certification Test Provider may take action including, but not limited to, terminating your Test Session, cancelling the results of any Certification Test, requiring you to retake a Certification Test to validate a passing score, limiting when, where, and through what test delivery modality you may take a Certification Test, terminating your rights under this agreement, and prohibiting you from participating in the Program. We will not refund any testing fees if we take any such action.

2.8 Data Forensics and Statistical Analyses

Ultipa performs regular data forensics and other statistical analyses on its Certification Tests. If we detect anomalies in your test performance based on data forensics, other statistical analyses, or suspicious account activity, Ultipa may take any of the actions described in Section 2.7. You will not be eligible for a refund or other compensation if we take any such action.

Ultipa may not disclose specific details about data forensics, statistical analyses, and suspicious account activity that is the basis for taking any action in order to protect the detection mechanisms used. If Ultipa has provided you written notice that one or more of your Certification Test results were invalidated based on data forensics, other statistical analyses, or suspicious account activity, you are prohibited from taking a subsequent Certification Test through Online Test Delivery without first receiving written permission from the Ultipa Certification team.

3. Term and Termination

3.1 Term

The term of this agreement will begin when you check box presented with “I agree with Ultipa Certification Program Agreement”, or otherwise schedule or sit for an Ultipa Certification Test, and will continue until the termination of your access to the Program, or at such time that you no longer hold a valid Ultipa Certification.

3.2 Effect of Termination

Upon termination of this agreement, your Ultipa Certification(s) will become invalid and you may no longer use the Ultipa Marks or claim to hold an Ultipa Certification. Your obligation to cooperate with any investigation into testing irregularities, and to adhere to all confidentiality provisions, will remain in effect.

4. Limitations of Liability

NEITHER WE NOR ANY OF OUR AFFILIATES, LICENSORS OR CERTIFICATION TEST PROVIDERS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES (INCLUDING LOST PROFITS OR OTHER INDIRECT OR SPECIAL DAMAGES) ARISING IN CONNECTION WITH:

THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

5. Notice and Modifications

We may from time to time modify this agreement. We will notify you of changes by posting them on the agreement website location at https://www.ultipa.com/policy/legal-notices/certification-program-agreement (the “Agreement Site”) or by sending you an email using the email address then associated with your Ultipa account. You are responsible for checking the Agreement Site regularly for changes. Changes will be effective as of the date we post such changes or, if we notify you by email, as stated in the email message. By continuing to participate in the Ultipa Certification Program, you agree to comply with the most current version of this agreement.

6. Definitions

“Account Information” means information about you that you provide to or on behalf of Ultipa in connection with the creation or administration of your Ultipa account and registration for Certification Tests.

“Ultipa Certification” means a specific certification designation that you may receive from us indicating you have received a passing score on a Certification Test.

“Ultipa Certification Program” or “Program” means the program in which we make available Ultipa Certifications.

“Ultipa Certification Site” means http://ultipa.com/certification/ (and any successor or related site designated by Ultipa), as may be updated by Ultipa from time to time. It includes subpages, such as those describing Certification policies and benefits.

“Ultipa Marks” means any trademarks, service marks, service or trade names, logos, and other designations of Ultipa and its affiliates that we may make available to you in connection with this agreement or the Program.

“Certification Test” means the test that you must pass to receive a particular Ultipa Certification.

“Certification Test Provider” means any third party authorized by Ultipa to administer Certification Tests.

“Certification Data” means information related to participation in the Ultipa Certification Program, including your first and last name, email address, Certification Test voucher numbers, voucher redemption status, and pass or fail status for completed Certification Tests.

“Coordinator” means a third party (e.g., your employer, educational institution, or similar) that arranges for you to participate in the Ultipa Certification Program, including (if applicable) by paying fees or subscriptions required for your participation.

“Test Session” means the period of time from when the test check-in process commences until you leave the test center premises or exit an Online Test Delivery browser to complete a test.

“Online Test Delivery” means any test delivered via online, remote online proctored, on-demand, or any other test delivery mode that is intended to be proctored remotely or reviewed after the Certification Test is completed.

“Testing Materials” means the Certification Test and any other materials that are provided to you in connection with a Certification Test including, but not limited to, instructions, study materials, test questions, or other content.

“Unauthorized Content Disclosures” means any Testing Materials that are disclosed by or to anyone without the express permission of Ultipa including, but not limited to, Testing Materials listed on third-party websites without the express permission of Ultipa.