Is Migii N3 higher than JLPT N3?

From my assessment the content of the app Migiii N3 seems higher than I expect from JLPT N3. Is that right? What particular content for people have taken JLPT N3 seems too high level? I have only the free content so far but many times I get stuff that I have never even come across.

予測 is a 言葉 for the second kanj is N2 used in a question. おそれがある is a grammar answer which by my understanding is N2. I find the paid area for vocabulary and grammar is no problem so far seems totally N3 but the free area has a bit of N2 mixed in.