Legal Notice & Terms of Use

Exam.ify is an independent exam-preparation company. We produce our own practice exams, written from scratch by our in-house team, to help students assess and improve their mathematics level ahead of university admission testing in the Netherlands and elsewhere in Europe. By purchasing, downloading, or otherwise using any Exam.ify product or this website, you agree to the terms set out below.

1. No affiliation with the official OMPT test

Exam.ify is not affiliated with, endorsed by, sponsored by, or otherwise connected to the official Online Mathematics Placement Test ("OMPT") or the company that develops and administers it. Any reference to "OMPT" on this website is used strictly in a descriptive, comparative sense — to explain that our independently written practice materials are modeled on the same general topic range and format used by that well-known university math placement test. We do not claim to reproduce, resell, or have access to the official test's actual exam content, question bank, or proprietary materials.

2. Legal basis for referencing "OMPT" and comparable third-party names

Exam.ify relies on several specific, well-established provisions of Dutch and EU intellectual property law, and on directly on-point case law of the Court of Justice of the European Union ("CJEU"), that permit this kind of descriptive, comparative reference to a third party's mark, provided it is done honestly and does not create confusion as to the origin of our products. We rely, specifically, on the following:

• Referential use of a trade mark (EU Trade Mark Regulation (EU) 2017/1001, Art. 14(1)(c); Benelux Convention on Intellectual Property, Art. 2.23(1)(c); and Directive (EU) 2015/2436, Art. 14(1)(c)). EU and Benelux trade mark law expressly permits a third party to use another party's mark where necessary to indicate the intended purpose of a product or service — for example, to state that our practice exams are designed for, or modeled on, a particular named test — as long as the use is in accordance with honest practices in industrial or commercial matters. We limit our use of "OMPT" to exactly this descriptive, purpose-indicating function and pair it with an explicit non-affiliation disclaimer to keep the use honest and non-confusing.
• CJEU case law directly confirming this defense: Gillette Company v LA-Laboratories (C-228/03) and BMW v Deenik (C-63/97). In Gillette, the CJEU held that a third party may lawfully use another party's registered trade mark where this is necessary to indicate the intended purpose of its own product, provided the use reflects a duty to act fairly in relation to the trade mark owner's legitimate interests. In BMW v Deenik, the Court held that an independent business may refer to a trade mark to describe what its own goods or services are designed for or compatible with, without that reference implying a commercial connection with, sponsorship by, or endorsement from the trade mark owner — precisely the structure of our own "styled for OMPT" references, paired with an explicit non-affiliation disclaimer.
• No monopoly over ideas, methods, or exam format (Dutch Copyright Act (Auteurswet), Art. 10, and the EU originality standard set out by the CJEU in Infopaq International (C-5/08)). Copyright protects only the concrete expression of a work that reflects its author's own free and creative choices — the exact wording of a question, the exact layout of an exam — not the underlying idea, topic list, difficulty structure, or general exam format. A math topic (algebra, differentiation, integration) and a general test structure are not, by themselves, protectable expression. Exam.ify's practice questions are independently authored expressions of those same general, unprotectable topics and formats.
• Permitted comparative reference (Dutch Civil Code, Art. 6:194a, implementing EU Directive 2006/114/EC concerning misleading and comparative advertising). Dutch law permits comparative references to a competitor's name or product where the comparison is not misleading, does not create confusion between providers, does not discredit or denigrate the other party's mark, and objectively relates to a genuine feature (here: the topic range and format that a test is designed to prepare a student for). Our OMPT references are structured to meet each of these conditions.
• Own, independently vested copyright (Auteurswet, Art. 1). Because our practice questions, answer keys, and worked solutions are original creative works authored by our own team, copyright in that expression vests directly and automatically in Exam.ify under Dutch law, without any need for registration.

This section is provided for transparency about the legal basis of our approach and is a general summary, not formal legal advice. No text on this page can prevent a third party from initiating legal proceedings; it instead sets out, in good faith, why we believe our conduct is lawful and how we intend to defend it.

3. Our own use of the term "OMPT"

Within our own materials, Exam.ify additionally uses "OMPT" as shorthand for our in-house "Offline Mathematics Positioning Test" concept: a set of downloadable, offline PDF practice exams that let a student position themselves against the general topic and difficulty range expected in university math admission testing, without needing an online proctored session. This is Exam.ify's own internal naming for its own product and does not imply any connection to, or certification by, the operator of the official online test referenced above. Where the two could be confused, this page — and the disclosure on every blog article — is intended to make the distinction clear.

4. Ownership of our practice materials

Every practice exam, question, answer key, and worked solution sold or published byExam.ify is created by our own team of subject-matter experts, based on our review of publicly available secondary and pre-university mathematics curricula. Our questions are original works authored for Exam.ify and are graded internally by exam variant, labeled OMPT-A through OMPT-G in increasing order of difficulty, purely as our own internal difficulty scale. We have not copied, reproduced, or derived our content from the official OMPT test, from any university's proprietary exam bank, or from any other third party's copyrighted materials. Copyright in all Exam.ifypractice materials belongs to Exam.ify. Unauthorized reproduction, resale, or redistribution of our materials is prohibited and may constitute infringement under the Auteurswet and the EU Copyright Directive (2001/29/EC).

5. University names and logos

University names and logos referenced on this website are used solely to indicate, descriptively, which universities are publicly known to use OMPT-style math placement testing as part of their admissions process. Their use does not imply that any listed university endorses, sponsors, or is otherwise affiliated with Exam.ify. Always verify your program's specific admission and math-testing requirements directly with the university in question, as requirements can change between academic years.

6. No guarantee of admission or exam outcome

Exam.ify's practice materials are designed to support your preparation and are not a guarantee of any particular exam score, placement outcome, or university admission decision. Results depend on many factors outside our control, including the specific exam variant, format, and grading criteria set by the relevant testing operator and university.

7. Disclaimer of warranties

To the fullest extent permitted by Dutch and applicable EU law, Exam.ify provides its website and practice materials "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any implied warranty of satisfactory quality, fitness for a particular purpose, or non-infringement, except where such warranties cannot lawfully be excluded for consumer transactions under Dutch or EU consumer protection law.

8. Limitation of liability

To the fullest extent permitted by law, Exam.ify's total liability arising out of or relating to any product or this website — whether in contract, tort, or otherwise — is limited to the amount you actually paid for the specific product giving rise to the claim. Exam.ify shall not be liable for indirect, incidental, special, consequential, or exemplary damages, including loss of admission, loss of an academic opportunity, or loss of time, even if advised of the possibility of such damages. Nothing in this notice excludes or limits liability that cannot lawfully be excluded or limited under Dutch law, including liability for intent (opzet) or gross negligence (grove schuld) on Exam.ify's part, or liability arising under mandatory EU or Dutch consumer-protection law (see Section 14).

9. Indemnification

You agree to indemnify and hold Exam.ify, its team, and its officers harmless from any claim, damage, loss, or expense (including reasonable legal fees) arising out of your misuse of our materials, your violation of this notice, or your submission of false information in connection with a purchase, to the extent permitted by applicable law.

10. Intellectual property complaints and notice procedure

If you believe that content on this website or in an Exam.ify product infringes your copyright, trade mark, or other intellectual property right, please notify us with (a) identification of the right you believe is infringed, (b) identification of the specific material you believe is infringing and its location on our site, and (c) your contact details. We will review any such notice in good faith and respond within a reasonable time, and will remove or correct any material we determine, upon review, to be genuinely infringing. We ask that a rights holder contact us through this notice-and-action process before pursuing formal legal action, so that any genuine concern can be resolved quickly without the cost of litigation for either side.

11. Dispute resolution and good-faith negotiation

Before initiating any court proceeding relating to this website or an Exam.ifyproduct, both parties agree to first notify the other in writing and attempt in good faith to resolve the dispute informally within thirty (30) days. This clause does not limit either party's statutory right to seek urgent injunctive relief where genuinely necessary, nor any consumer's mandatory right of access to court under EU or Dutch law.

12. Severability

If any provision of this notice is held invalid or unenforceable by a competent court, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

13. Entire agreement and changes to this notice

This notice, together with any order-specific terms shown at checkout, constitutes the entire agreement between you and Exam.ify regarding its subject matter. We may update this notice from time to time to reflect changes in our practices or in applicable law; the version in effect at the time of your purchase or use governs that transaction. Material changes will be reflected by an updated "Last updated" date above.

14. Your statutory consumer rights are not affected

Nothing in this notice excludes, limits, or otherwise affects any mandatory statutory right you have as a consumer under Dutch law (including the Burgerlijk Wetboek) or EU law (including Directive 93/13/EEC on unfair terms in consumer contracts and Directive 2011/83/EU on consumer rights). Where any clause above would otherwise conflict with such a mandatory right, the mandatory right prevails.

15. Governing law

This legal notice and the use of this website are governed by the laws of the Netherlands, without regard to conflict-of-law principles. Subject to Section 11 and any mandatory consumer-protection rules granting you the right to sue in your own country of residence, any dispute arising from the use of this website or Exam.ify's products shall fall under the exclusive jurisdiction of the competent courts of the Netherlands.

16. Contact

Questions about this notice, our materials, or a copyright or trade mark concern can be sent to our support contact listed at checkout or on our contact page. If you believe any content on this site infringes your rights, please use the notice procedure in Section 10 above before pursuing formal action, so we can review the matter promptly and in good faith.