Terms of Service
Last updated: August 10, 2026
These Terms of Service (the “Terms”) govern access to and use of the Nigel Integrity website and platform (the “Service”). The Service is operated by Avance Financial LLC, doing business as Nigel Integrity (“Nigel Integrity,” “we,” “us,” or “our”). By accessing the website or using the Service, you agree to these Terms.
1. Institutional Agreements
Institutional use of the Nigel Integrity platform is governed by a master service agreement, order form, and data processing agreement executed between Nigel Integrity and the subscribing institution (collectively, the “Institutional Agreement”). If there is a conflict between these Terms and an executed Institutional Agreement, the Institutional Agreement controls for that institution and its users. These Terms govern use of this website and any use of the Service not otherwise covered by an Institutional Agreement.
2. The Service
Nigel Integrity is an assessment integrity evidence platform. The Service captures assessment session evidence, uses artificial intelligence to surface potential integrity concerns for human review, and provides authorized reviewers at the institution with a documented record for decision-making. The Service does not make academic or disciplinary decisions. Every flag generated by the Service is advisory and requires review and decision by an authorized human reviewer at the institution.
The Service does not include:
- Automatic suspension or termination of assessments
- Lockdown or restriction of the test taker's device
- Behavioral, biometric, or emotion-based scoring
- Any automated adverse action against a test taker without human review
3. Recording and Consent
The Service records video and related session data during monitored assessments, as configured by the institution. The institution is responsible for providing notice to test takers, obtaining any consent required by applicable law or institutional policy, and establishing an alternative assessment path where required for test takers who do not consent. During a monitored session, capture is active only for the duration of the assessment, and a visible indicator shows when recording is on. Nigel Integrity does not record or access a test taker's device outside the monitored assessment session.
4. Data Ownership
As between Nigel Integrity and the institution, the institution owns all assessment recordings, evidence records, flags, review decisions, and student education records processed through the Service (“Institutional Data”). Nigel Integrity processes Institutional Data solely on behalf of and under the direction of the institution, retains it only for the period the institution configures, and deletes or returns it at the institution's direction or upon termination of the Institutional Agreement. Nigel Integrity claims no ownership interest in Institutional Data.
5. Artificial Intelligence Disclosure
The Service uses artificial intelligence to analyze assessment session evidence and surface potential integrity concerns for human review. AI analysis is provided in part through Anthropic's Claude models, operating as a sub-processor under contractual confidentiality and data protection obligations.
- AI outputs are advisory flags only. No flag results in any action against a test taker without review and decision by an authorized human reviewer at the institution.
- Nigel Integrity does not use institutional assessment recordings to train AI models, and its sub-processors are contractually restricted from doing so.
- The Service does not perform behavioral scoring, emotion detection, or biometric identification.
6. Sub-processors
Nigel Integrity uses a limited set of sub-processors to deliver the Service, including Anthropic (AI analysis), Vercel (application hosting), Supabase (database and storage), and Cloudflare (DNS and content delivery). The current sub-processor list is published in our Trust Center, and Institutional Agreements include notice provisions for sub-processor changes.
7. FERPA
For U.S. educational institutions subject to the Family Educational Rights and Privacy Act (FERPA), Nigel Integrity is designed to support FERPA-compliant institutional use. Where the Institutional Agreement so provides, Nigel Integrity operates as a school official with a legitimate educational interest under the institution's direct control, uses student education records solely to provide the contracted service, and does not disclose them to third parties except as directed by the institution or required by law.
8. GDPR and International Data
Where the EU or UK General Data Protection Regulation applies, Nigel Integrity acts as a processor on behalf of the institution, which acts as controller. Processing is governed by a data processing agreement incorporating the required processor terms and, where personal data is transferred internationally, appropriate safeguards such as standard contractual clauses. Data subject requests are routed to and directed by the controlling institution.
9. Acceptable Use
You agree not to:
- Access or attempt to access non-public systems, other institutions' data, or other users' accounts
- Interfere with or disrupt the operation of the Service, including by introducing malicious code or circumventing security controls
- Use the Service to violate any applicable law or the rights of any person
- Copy, resell, or reverse engineer the Service except as permitted by law
- Use evidence records for any purpose other than the institution's legitimate assessment integrity process
10. Intellectual Property
The Service, including its software, design, and content (excluding Institutional Data), is owned by Nigel Integrity and its licensors and is protected by intellectual property laws. Subject to these Terms and any applicable Institutional Agreement, we grant authorized users a limited, non-exclusive, non-transferable right to use the Service for its intended purpose.
11. Confidentiality and Security
Nigel Integrity maintains administrative, technical, and physical safeguards designed to protect Institutional Data, including encryption in transit and at rest, role-based access controls, and evidence integrity hashing. Security practices, incident response procedures, and our responsible disclosure policy are described in the Trust Center. Suspected vulnerabilities or incidents should be reported to security@nigelintegrity.com.
12. Disclaimer of Warranties
Except as expressly stated in an executed Institutional Agreement, the Service and this website are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Nigel Integrity does not warrant that the Service will detect every integrity violation or that AI-generated flags are error-free; flags are advisory inputs to a human review process. Website content is provided for informational purposes and may change without notice; product commitments are made only in executed agreements.
13. Limitation of Liability
To the maximum extent permitted by law, Nigel Integrity will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill, arising out of or related to these Terms or the Service, even if advised of the possibility of such damages. To the maximum extent permitted by law, Nigel Integrity's total aggregate liability arising out of or related to these Terms or the Service will not exceed the greater of one hundred U.S. dollars or the amounts paid to Nigel Integrity for the Service in the twelve months preceding the event giving rise to the claim. Academic and disciplinary decisions are made solely by the institution, and Nigel Integrity is not liable for decisions made by institutional reviewers.
14. Indemnification
You agree to indemnify and hold harmless Nigel Integrity from claims arising out of your violation of these Terms or misuse of the Service, except to the extent caused by Nigel Integrity's breach of these Terms. Indemnification obligations between Nigel Integrity and institutions are set out in the Institutional Agreement.
15. Term, Suspension, Termination
We may suspend or terminate access to the website or Service for violation of these Terms or to protect the security of the Service or its users. Institutional subscription terms, termination rights, and post-termination data return and deletion procedures are governed by the Institutional Agreement. Upon termination, Institutional Data is returned or deleted at the institution's direction within the timelines stated in the Institutional Agreement.
16. Governing Law
These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles, and any dispute not governed by an Institutional Agreement will be resolved in the state or federal courts located in Texas. An Institutional Agreement may specify a different governing law and venue for that institution.
17. Changes to These Terms
We may update these Terms from time to time. Updates will be posted on this page with a revised date, and material changes will be communicated to institutional partners. Continued use of the website or Service after changes take effect constitutes acceptance of the updated Terms.
18. Severability
If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
19. Contact
Nigel Integrity, a product of Avance Financial LLC
- General and legal inquiries: ryan@nigelintegrity.com
- Security: security@nigelintegrity.com
- Support: support@nigelintegrity.com
- Phone: (469) 469-8750
