DigiAssess Terms and Conditions

Effective Date: 1 July 2026
Last Updated: 1 July 2026

These Terms and Conditions (“Terms”) govern the access to and use of the DigiAssess platform, website, applications, software, and related services (collectively, the “Platform” or “Services”) operated, managed, and owned by DigiVal IT Solutions Limited (“DigiVal”, “DigiAssess”, “Company”, “we”, “our”, or “us”).

By accessing, browsing, registering for, subscribing to, or using DigiAssess, you (“User”, “Institution”, “Customer”, “Subscriber”, “You”, or “Your”) acknowledge that you have read, understood, and agreed to be legally bound by these Terms. If you do not agree with these Terms, you must immediately discontinue the use of the Platform.

These Terms should be read together with the DigiAssess Privacy Policy and, where applicable, the Data Protection Addendum — both available at www.digiassess.com or on request.

1. Ownership And Proprietary Rights

DigiAssess is a proprietary product, platform, and technology solution exclusively developed, owned, operated, licensed, and controlled by DigiVal IT Solutions Limited.

All intellectual property rights, including but not limited to copyrights, patents, trademarks, trade names, logos, software architecture, source code, APIs, databases, workflows, algorithms, AI systems, platform designs, reports, assessment methodologies, and all associated content forming part of DigiAssess are and shall remain the exclusive property of DigiVal.

Nothing contained in these Terms shall be construed as granting any licence, assignment, transfer, or ownership rights to any User except the limited right to access and use the Platform strictly in accordance with these Terms.

Any unauthorised copying, reproduction, reverse engineering, scraping, extraction, decompilation, modification, sublicensing, distribution, sale, leasing, replication, mirroring, or commercial exploitation of DigiAssess or any part thereof is strictly prohibited.

2. Eligibility

You represent and warrant that:

you are legally competent to enter into binding agreements under applicable law;
if you are accessing DigiAssess on behalf of an institution, organisation, company, university, school, or other legal entity, you are duly authorised to bind such entity;
all information provided by you is accurate, complete, current, and lawful.

DigiAssess reserves the right to suspend or terminate access if any information provided by the User is found to be false, misleading, incomplete, or unauthorised.

3. Scope Of Services

DigiAssess provides digital assessment, examination management, evaluation, proctoring, analytics, academic integrity, AI-assisted assessment tools, reporting systems, learning integrations, and other related educational and enterprise technology services.

The scope, features, functionalities, modules, integrations, and availability of the Services may vary depending on the subscription plan, institutional agreement, geography, licensing model, or technical limitations.

DigiVal maintains SOC 2 Type II certification across the Trust Services Criteria of Security, Confidentiality and Availability, independently audited by a qualified third-party service auditor. The current SOC 2 Type II report is available to Customers on request under a non-disclosure agreement.

DigiVal reserves the right to modify, discontinue, suspend, update, replace, improve, or restrict any part of the Platform or Services at any time, subject to the notice provisions in Clause 22.

4. Account Registration And Security

Access to certain Services may require the creation of an account.

Users shall:

maintain the confidentiality of login credentials;
not share credentials with unauthorised individuals;
immediately notify DigiAssess of any unauthorised access, security breach, or misuse of an account.

Users shall remain fully responsible for all activities conducted through their accounts.

DigiAssess shall not be liable for any loss, damage, or unauthorised activity arising from the User’s failure to maintain account security.

5. Acceptable Use Policy

Users agree to use DigiAssess strictly for lawful, authorised, and legitimate educational, academic, professional, recruitment, certification, enterprise, or institutional purposes.

Users shall not:

violate any applicable law, regulation, policy, examination rule, or third-party right;
upload or transmit any unlawful, defamatory, abusive, obscene, discriminatory, fraudulent, harmful, or infringing content;
attempt to gain unauthorised access to systems, databases, servers, APIs, or user accounts;
interfere with the integrity, functionality, performance, or security of the Platform;
use bots, crawlers, scripts, automation tools, scraping technologies, or similar mechanisms without express written authorisation;
reproduce, resell, sublicence, duplicate, exploit, or commercially misuse the Services;
circumvent monitoring systems, proctoring tools, security protocols, access restrictions, or authentication mechanisms;
upload malicious code, viruses, malware, spyware, ransomware, or harmful files;
impersonate any person, institution, authority, or entity.

DigiAssess reserves the absolute right to investigate, suspend, restrict, or terminate any account involved in prohibited activities.

6. User Content And Submissions

Users may upload examinations, answer scripts, assignments, assessments, responses, images, videos, audio recordings, biometric data, identification documents, reports, feedback, and other materials (“User Content”).

Users retain ownership rights over their original User Content, subject to the licences granted under these Terms.

By uploading or submitting User Content, the User grants DigiVal a worldwide, royalty-free, non-exclusive, sublicensable, transferable licence to:

host, process, store, reproduce, transmit, analyse, evaluate, and display such User Content;
operate, maintain, improve, secure, optimise, audit, support, and develop the Services;
generate reports, analytics, assessment insights, similarity checks, AI-assisted outputs, and examination records;
comply with legal obligations, accreditation requirements, institutional policies, or regulatory directives.

For the avoidance of doubt, this licence does not extend to the use of personal data (as defined under applicable data protection law) for AI training, model development, or system improvement purposes unrelated to the delivery of Services to the User. Personal data is processed solely in accordance with the DigiVal Privacy Policy and, where applicable, the Data Protection Addendum.

Users represent and warrant that:

they possess all necessary rights and permissions to upload the User Content;
the User Content does not infringe any intellectual property, privacy, contractual, or legal rights;
the User Content complies with all applicable laws.

DigiAssess reserves the right, but not the obligation, to monitor, remove, reject, restrict, or investigate any User Content.

7. Ai, Automated Systems, And Proctoring

DigiAssess may utilise artificial intelligence systems, automated review tools, remote proctoring technologies, facial recognition systems, browser monitoring tools, keystroke analytics, audio-video monitoring, and behaviour analysis mechanisms.

Users acknowledge and consent to the collection and processing of relevant examination and behavioural data for maintaining assessment integrity, security, fraud prevention, identity verification, analytics, and service improvement, subject to the DigiAssess Privacy Policy and applicable data protection law.

DigiAssess does not guarantee that AI-generated insights, plagiarism indicators, similarity scores, or automated flags will be entirely error-free, conclusive, or exhaustive.

Institutions, administrators, and authorised evaluators shall exercise independent judgement before making academic, employment, certification, disciplinary, or administrative decisions based on AI-generated outputs or proctoring findings.

Right to Human Review (GDPR Article 22): Where an automated system — including AI-assisted proctoring or scoring — produces a result that significantly affects a User (for example, an academic integrity flag or an unexpectedly low score), that User has the right to request human review of the relevant decision. Requests should be directed to privacy@digi-val.com or to the relevant institution. DigiVal will acknowledge all such requests within 5 working days and complete the review within 1 calendar month.

8. Data Privacy, Security, And Data Processing

DigiVal implements and maintains technical and organisational security measures in accordance with GDPR Article 32 and as independently verified through DigiVal’s SOC 2 Type II certification. These measures include encryption in transit (TLS 1.3) and at rest (AES-256), role-based access controls, multi-factor authentication, monthly vulnerability scanning, and annual third-party penetration testing. The current SOC 2 Type II report is available on request under a non-disclosure agreement.

The collection, use, storage, processing, disclosure, retention, and transfer of personal data are governed by the DigiAssess Privacy Policy available at www.digiassess.com/privacy.

Data Protection Addendum: Where the Customer is an institution, school, university, or other organisation processing personal data of students, learners, or employees through DigiAssess, the DigiAssess Data Protection Addendum (available at www.digiassess.com/dpa or on request from privacy@digi-val.com) is incorporated into and forms part of this Agreement. In the event of any conflict between these Terms and the Data Protection Addendum on matters of data protection, the Data Protection Addendum shall prevail.

User data may be processed, stored, transferred, backed up, or hosted in multiple jurisdictions in accordance with applicable laws and operational requirements. International transfers of personal data outside the EEA are protected by Standard Contractual Clauses (SCCs) and Transfer Impact Assessments, as detailed in the Privacy Policy.

Users acknowledge that internet-based services are not entirely secure and DigiAssess cannot guarantee absolute protection against all cyber threats, but DigiVal is committed to maintaining controls at the standard evidenced by its SOC 2 Type II certification.

9. Biometric And Proctoring Data

Where a proctored assessment requires biometric or behavioural verification, DigiVal will obtain explicit consent from the User before collecting any biometric identifiers, facial scan images, audio recordings, video recordings, screen activity, keystroke data, or behavioural analytics.

Such data may be used for identity verification, authentication, examination security, audit trails, anti-malpractice enforcement, fraud prevention, monitoring, and compliance purposes only.

Users have the right to request a non-biometric alternative verification method. Refusal of biometric consent will not prevent the User from accessing the assessment service — an alternative method will be offered. Contact your institution or privacy@digi-val.com to arrange this.

Biometric and proctoring data shall be retained for no longer than 90 days from the date of the relevant assessment, after which it will be securely and permanently deleted. This data will not be shared with the institution or any third party other than the authorised proctoring sub-processor, which operates under a signed Data Processing Agreement.

Special category personal data (including biometric data) is processed in accordance with GDPR Article 9(2)(a) on the basis of the User’s explicit consent, which may be withdrawn at any time without penalty to platform access.

10. Fees, Billing, And Payment

Access to certain Services may require payment of subscription fees, licensing fees, implementation fees, examination fees, or other applicable charges.

All fees are non-refundable unless expressly agreed otherwise in writing.

DigiAssess reserves the right to revise pricing, payment terms, subscription structures, or billing models at any time, subject to reasonable prior notice to existing subscribers.

Delayed payments may result in suspension, restricted access, late fees, or termination of Services.

Users shall remain responsible for all applicable taxes, duties, levies, and governmental charges.

11. Third-Party Services And Integrations

DigiAssess may integrate with third-party systems, learning management systems, cloud providers, payment gateways, communication platforms, identity verification tools, and analytics services.

DigiAssess does not warrant or assume responsibility for third-party services, availability, accuracy, security, or functionality. The use of third-party services may additionally be governed by separate third-party terms and policies.

A list of DigiAssess’s current sub-processors and third-party processors is available in the Data Protection Addendum or on request from privacy@digi-val.com.

12. Service Availability

DigiAssess shall use commercially reasonable efforts to maintain platform availability.

However, DigiAssess does not guarantee uninterrupted, error-free, secure, or continuous operation of the Services. Scheduled maintenance, upgrades, emergency patches, technical failures, cyber incidents, force majeure events, or infrastructure limitations may result in interruptions.

DigiAssess shall not be liable for any delay, interruption, examination disruption, loss of data, or inability to access the Platform arising from circumstances beyond its reasonable control.

13. Confidentiality

Users may receive or access confidential, proprietary, institutional, technical, operational, or examination-related information.

Users agree to maintain strict confidentiality and shall not disclose, reproduce, distribute, or misuse such information without prior written authorisation. This obligation shall survive termination of these Terms.

14. Intellectual Property Infringement

DigiAssess respects intellectual property rights. If any User believes that content hosted on the Platform infringes their rights, such User may submit a written complaint to legal@digi-val.com containing sufficient details for investigation.

DigiAssess reserves the right to remove allegedly infringing content and suspend repeat infringers.

15. Children's Data

DigiAssess is used by educational institutions including those serving students under the age of 16 (“minors”). DigiVal takes additional care when processing personal data of minors.

Institutions enrolling students under the age of 16 are responsible for obtaining and documenting appropriate parental or guardian consent before enrolling such students in DigiAssess.
Institutions enrolling minors must sign the DigiAssess Data Protection Addendum, which includes specific provisions for the protection of minor data subjects.
DigiAssess does not knowingly collect personal data from children under 16 through direct self-registration on the public website or platform without institutional onboarding. If DigiVal becomes aware that a child under 16 has registered directly without institutional enrolment, the account will be suspended and the data deleted promptly.
Biometric and proctoring data will not be collected from students under 16 without explicit parental consent facilitated and documented by the enrolling institution.

16. Disclaimer Of Warranties

The Services are provided on an “As Is”, “As Available”, and “With All Faults” basis.

To the maximum extent permitted by law, DigiVal and DigiAssess disclaim all warranties, representations, conditions, and guarantees, whether express, implied, statutory, or otherwise, including:

Merchantability;
Fitness for a particular purpose;
Non-infringement;
Accuracy or reliability of results;
Continuous availability;
Security;
Error-free operation.

DigiAssess does not warrant that assessment reports, AI-generated outputs, proctoring flags, plagiarism indicators, or analytical insights are fully accurate, complete, or definitive.

17. Limitation Of Liability

To the fullest extent permitted under applicable law, DigiVal IT Solutions Limited, its affiliates, directors, officers, employees, licensors, consultants, vendors, and partners shall not be liable for:

indirect, incidental, punitive, special, exemplary, or consequential damages;
loss of profits, goodwill, reputation, opportunity, revenue, data, or business;
examination disruptions, academic losses, certification failures, or institutional claims;
unauthorised access, cyber incidents, malware, or system failures;
decisions made based on AI outputs, reports, analytics, or proctoring findings.

The aggregate liability of DigiAssess arising out of or relating to the Services shall not exceed the amount actually paid by the User to DigiAssess during the preceding three (3) months.

Nothing in this clause limits or excludes DigiVal’s liability: (a) for death or personal injury caused by DigiVal’s negligence; (b) for fraud or fraudulent misrepresentation; or (c) to the extent that such liability cannot lawfully be excluded or limited under applicable data protection law, including GDPR Article 82, or any other applicable mandatory law. Certain jurisdictions do not permit certain exclusions or limitations of liability — portions of this clause apply only to the extent legally permissible.

18. Indemnification

Users agree to defend, indemnify, and hold harmless DigiVal IT Solutions Limited, its affiliates, directors, officers, employees, contractors, licensors, and partners from and against any claims, actions, proceedings, damages, liabilities, penalties, losses, costs, and expenses arising from:

breach of these Terms;
misuse of the Services;
violation of laws or third-party rights;
User Content;
negligent, fraudulent, unlawful, or unauthorised conduct.

For the avoidance of doubt, regulatory fines or penalties imposed by a supervisory authority under applicable data protection law (including the UK ICO, EU data protection authorities, or UAE Data Office) are not recoverable by way of indemnification under this clause.

19. Suspension And Termination

DigiAssess reserves the right to suspend, restrict, disable, or terminate access to the Services at any time, with or without notice, for:

breach of these Terms;
suspected fraud or misconduct;
legal or regulatory requirements;
security concerns;
payment defaults;
operational or business reasons.

Upon Termination:

All rights granted to the User under these Terms shall immediately cease.
Within 30 days of termination or expiry of this Agreement, DigiAssess will, at the Customer’s election, either: (a) securely delete all Customer personal data; or (b) return all Customer personal data in a structured, machine-readable format. Written confirmation of deletion is available on request.
Customers may export their data prior to termination using the ‘Download My Data’ feature in Account Settings.
DigiAssess may retain anonymised, aggregated, or de-identified data that does not constitute personal data for operational or analytical purposes following termination.
Any data retained beyond termination will be held in accordance with the retention periods set out in the Privacy Policy and applicable law.

20. Record Retention

DigiAssess retains personal data only for as long as necessary for the purposes for which it was collected. Specific retention periods for each category of personal data are set out in the DigiAssess Privacy Policy and summarised below:

Data Category	Retention Period	Reason
Account / profile data	Account duration + 24 months	Service delivery and legal claims period.
Assessment records and scores	Account duration + 36 months	Institutional and academic record requirements.
Consent records	7 years from date of consent	GDPR accountability obligation.
Biometric / proctoring data	90 days from assessment date	Minimum period for review or dispute resolution.
Security and access logs	12 months	Security investigation and incident response.
Billing records	7 years	Legal and tax obligations.

Retention periods will not exceed those stated above unless required by applicable law or agreed in writing with the relevant institution. Data is securely deleted or anonymised — including from backup copies — within 30 days of the applicable retention period expiring.

21. Data Breach Notification

In the event of a personal data breach that is likely to result in a risk to the rights and freedoms of Users, DigiVal will:

Notify the relevant supervisory authority within 72 hours of becoming aware of the breach (where required by applicable data protection law);
Notify affected Customers and, where required, affected data subjects without undue delay if the breach is likely to result in a high risk to their rights and freedoms;
Maintain a record of all personal data breaches, including those not required to be notified.

Institutional customers should refer to the Data Protection Addendum for full breach notification procedures and timelines applicable to their engagement with DigiAssess.

22. Force Majeure

DigiAssess shall not be liable for any failure, interruption, delay, or inability to perform resulting from events beyond reasonable control, including but not limited to natural disasters, cyberattacks, labour disputes, internet failures, government actions, power outages, epidemics, pandemics, war, terrorism, or infrastructure disruptions.

23. Governing Law And Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales.

Each party submits to the non-exclusive jurisdiction of the courts of England and Wales in relation to any dispute arising out of or in connection with these Terms or the Services. DigiVal reserves the right to seek injunctive or other equitable relief in any jurisdiction where infringement, fraud, misuse, or unauthorised activity occurs.

For the avoidance of doubt, nothing in this clause limits any data subject’s right to lodge a complaint with the relevant supervisory authority in their country of residence.

24. Modifications To Terms

DigiAssess reserves the right to amend, revise, modify, replace, or update these Terms at any time.

For non-material updates (e.g. corrections, formatting, clarifications that do not affect User rights), updated Terms will become effective upon publication.

For material changes — including any changes to data processing practices, User rights, liability, or pricing — DigiVal will provide at least 30 days’ prior written notice by email or prominent in-platform notification before the changes take effect. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.

25. Dispute Resolution

In the event of any dispute or complaint arising from these Terms or the Services:

Step 1 — Contact DigiVal: Email legal@digi-val.com (commercial matters) or privacy@digi-val.com (data protection matters). DigiVal will acknowledge within 5 working days and aim to resolve within 30 days.
Step 2 — Escalation: If the matter is not resolved within 30 days, it may be escalated to senior management of DigiVal in writing.
Step 3 — Mediation: The parties agree to attempt mediation in good faith before commencing litigation, unless the matter requires urgent injunctive relief.
Step 4 — Litigation: If mediation is unsuccessful, disputes shall be resolved through the courts of England and Wales in accordance with Clause 23.

Data subjects who are not satisfied with DigiVal’s handling of a data protection complaint retain the right to lodge a complaint directly with the relevant supervisory authority at any time — this does not require completing the above steps first.

26. Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

27. Waiver

Failure by DigiAssess to enforce any provision shall not constitute a waiver of any rights or remedies.

28. Entire Agreement

These Terms, together with the DigiAssess Privacy Policy and, where applicable, the Data Protection Addendum and any institutional or subscription agreement, constitute the complete and entire agreement between the User and DigiAssess with respect to the subject matter hereof and supersede all prior agreements, representations, and understandings.

In the event of any conflict between these Terms and the Data Protection Addendum on matters relating to data protection and privacy, the Data Protection Addendum shall prevail.

29. Cookies

DigiAssess uses cookies and similar tracking technologies. A cookie consent banner is presented to all Users on first visit. Non-essential cookies (including analytics and marketing) are only loaded after the User gives explicit consent via the cookie preference centre.

Users may manage or withdraw cookie consent at any time through the cookie preference centre accessible from the footer of every page. Essential cookies necessary for the Platform to function cannot be disabled.

30. Contact Information

For questions, notices, complaints, or legal communications, Users may contact:

Contact Type	Details
Legal Entity	DigiVal IT Solutions Limited
Registered Address	Unit 13B, Level P7, Damac Park Towers, Dubai International Financial Centre (DIFC), Dubai, United Arab Emirates
Website	www.digi-val.com
Legal / Commercial Enquiries	legal@digi-val.com
Data Protection / Privacy	privacy@digi-val.com

Terms and Conditions