Terms of Service

Last updated 2026-05-18 · Version 2.0

Read firstThese terms apply to anyone who uses DigiSurf Academy (the service). If you are an Indian consumer, the Consumer Protection Act 2019, Consumer Protection (E-Commerce) Rules 2020, IT Act 2000 and IT Rules 2021 also apply and give you statutory rights that override anything here that conflicts.

1. Acceptance

By creating an account, paying for a plan, or using any part of the service, you agree to these Terms and to our Privacy Policy, Refund & Cancellation Policy, Delivery Policy, Cookie Policy, and Disclaimer.

2. Service description

DigiSurf Academy provides AI-scored mock tests and practice prompts for IELTS Listening, Reading, Writing, and Speaking, in both Academic and General Training tracks. Scores produced by the AI are practice-grade estimates and are not official IELTS results.

2A. Trademarks & independence

IELTS is a registered trademark of the British Council, IDP: IELTS Australia, and Cambridge Assessment English. DigiSurf Academy is an independent preparation platform and is not affiliated with, endorsed by, sponsored by, or in any way associated with any of those organisations or with the official IELTS test.

"DigiSurf", "DigiSurf Academy", "DIGIROX Edu", "DIGIROX", and the cube logo are trademarks of DigiSurf Australia Pty Ltd and/or DIGIROX Edu Pvt Ltd. All other marks belong to their respective owners.

2B. Content origin

All reading passages, listening scripts, writing prompts, speaking cue cards, model answers, rubric explanations, and band-7+ sample answers on DigiSurf Academy are original works written for the platform or generated by AI on the platform, calibrated against publicly available IELTS band descriptors. We do not reproduce, redistribute, or use Cambridge IELTS past papers, official Cambridge IELTS practice books, or British Council / IDP test material as training data or platform content.

3. Eligibility & age

Under the Digital Personal Data Protection Act 2023 (India), any user under 18 is treated as a "child" and requires verifiable parental consent. We rely on self-attestation at signup. By creating an account you warrant that:

You are at least 18 years old, OR
You are 16-17 and a parent / lawful guardian has consented via the parent-email confirmation flow at signup and (for paid plans) at checkout.

We do not knowingly serve users under 16. We do not profile, behaviourally track, or run targeted advertising on accounts flagged as belonging to a child. We may suspend an account on credible report of underage use and will refund any unused Pro days on a parent's written request.

4. Subscriptions, payments & tax

Pro plans are strictly one-time purchases for a fixed duration (10, 30, 60, or 90 days). No auto-renewal. No recurring debit. No stored card mandate.
Academic Pro and General Training (GT) Pro are separate products at the same price. Buying one does not grant access to the other. Most students buy one track; you may buy both as separate transactions.
Indian customers contract with DIGIROX Edu Pvt Ltd and are billed in INR. International customers contract with DigiSurf Australia Pty Ltd. All Indian INR prices include 18% GST (SAC 998434 — online education content); a tax invoice is auto-emailed within 24 hours of every successful payment to the email on your account.
Payments are processed by Razorpay (UPI, cards and net banking). We never store full card numbers; tokenised payment metadata is held by the processor.
Pro access ends automatically when the duration expires; we do not auto-renew or pre-charge.
Refunds: see the Refund & Cancellation Policy. Indian users retain non-waivable statutory rights under the Consumer Protection Act 2019.
Chargebacks: raise any payment dispute with us at billing@digisurfaustralia.com.au within 90 days of the transaction before initiating a chargeback with your card issuer.

5. Acceptable use

You agree not to:

Share your login or pool accounts.
Scrape, mirror, redistribute, or sell test content, AI feedback, or model answers.
Reverse-engineer AI scoring prompts, rubrics, or system messages to produce derivative scoring products.
Submit content that is illegal, hateful, defamatory, sexually explicit, or violates third-party rights.
Download, record, transcribe, or redistribute other users' community speaking recordings.
Copy, transcribe, republish, or feed to another AI system other users' community essays in any form.
Submit AI-generated, copied, ghost-written, or plagiarised work as your own writing or speaking.
Use automated tools to issue repeated requests outside ordinary in-app use.

6. Your content, community visibility & licence

When you complete a Writing or Speaking task, your essay text, audio recording, transcript, and derived AI scores ("User Content") are processed by the platform for AI scoring and stored against your account.

Ownership. You retain ownership of and copyright in your User Content.

Licence to operate the service. You grant DigiSurf Academy a worldwide, royalty-free, non-exclusive, revocable licence to host, store, transmit to AI sub-processors (see Privacy), score, transcribe, summarise, and display back to you your User Content, solely for delivering the service to you. This licence ends when you delete the attempt or your account.

Community visibility. Community Top Performers (Writing band ≥ 7.0 / Speaking band ≥ 6.0) is opt-in by you at submission. If you opt in, you grant an additional limited licence to display the recording or essay excerpt to other logged-in DigiSurf users for peer-learning purposes only. You can revoke any time by tapping Delete attempt on the score page; community removal completes within 60 seconds and platform deletion is immediate.

No AI training. We do not use your recordings, transcripts, or essays to train AI models. Our AI sub-processors operate under zero-retention or 30-day-retention API terms with no training rights; copies of those Data Processing Addenda are available on request.

7. AI scoring accuracy & no warranty

AI band scores, feedback, model answers, transcripts, pronunciation analysis (WPM, fillers, pauses, low-confidence words), and rubric mappings produced by DigiSurf Academy are practice-grade estimates generated by large language models and speech-to-text systems. They are not official IELTS results, are not a substitute for sitting the official IELTS test administered by the British Council, IDP, or Cambridge Assessment English, and may differ materially from scores awarded by certified IELTS examiners.

To the maximum extent permitted by law, we make no warranty, express or implied, that AI scores match the official IELTS rubric, predict your official band, or are fit for any visa, immigration, university admission, or employment purpose. Decisions about your readiness to sit the official test, or about acting on any band number shown by the platform, remain solely your responsibility.

8. Account termination

We may:

Suspend immediately and without notice for fraud, payment chargeback, harassment of other users, account sharing, scraping, or material breach of §5;
Suspend with 7 days' email notice for repeated rate-limit violations or unresolved billing disputes.

On termination by us for cause, no refund is owed. On termination by us without cause, we will refund unused Pro days pro-rata. You may delete your account at any time from Account → Delete; this cancels active access. Your User Content is retained for 30 days post-termination then permanently deleted, unless legal hold or audit-log retention (§7 Privacy) requires longer; you may export your scoring history during the 30-day window via Account → Export.

9. Limitation of liability

To the maximum extent permitted by law, DigiSurf is not liable for indirect, incidental, special, consequential, or punitive damages, loss of profit, loss of data, or loss of academic / immigration / employment opportunity arising from use of the service. Our total aggregate liability for any claim is limited to the amount you paid to DigiSurf in the 12 months preceding the claim.

Nothing in these Terms excludes liability that cannot be excluded under the Australian Consumer Law or the Indian Consumer Protection Act 2019.

10. Platform IP

All test content (passages, audio, prompts, model answers, rubrics), AI feedback templates, software, designs, trademarks ("DigiSurf Academy", "DIGIROX", the cube logo), and the compiled corpus are owned by DigiSurf Australia Pty Ltd and/or DIGIROX Edu Pvt Ltd and their licensors. All rights reserved. No licence is granted except the limited, revocable, non-transferable right to access the service for your personal IELTS preparation.

11. Indemnification

You will indemnify and hold harmless DigiSurf against third-party claims arising from (a) your breach of §5 or §6, (b) User Content infringing third-party IP or being illegal under applicable law, (c) chargeback abuse. DigiSurf will indemnify you against third-party claims that platform-originated content (model answers, prompts, AI feedback templates) infringes IP rights, capped at fees you paid in the prior 12 months.

12. Warranty disclaimer

The service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement, except as required by the Australian Consumer Law or the Indian Consumer Protection Act 2019, which apply notwithstanding this clause.

13. Force majeure

Neither party is liable for delay or failure caused by events beyond reasonable control, including AI provider outages, CDN / cloud failures, regulatory action, war, pandemic, or internet disruption.

14. Governing law & dispute resolution

These Terms are governed by the laws of New South Wales, Australia. Disputes must first be raised at info@digisurfaustralia.com.au and the parties will negotiate in good faith for 30 days. Unresolved disputes are submitted to binding arbitration seated in Sydney under the ACICA Expedited Rules, conducted in English.

Indian users retain the non-waivable right to bring consumer claims under the Consumer Protection Act 2019 and the Consumer Protection (E-Commerce) Rules 2020 before Indian consumer forums at their place of residence (CP Act 2019 §34). For data-protection matters, Indian users may also approach the Data Protection Board of India under the DPDP Act 2023.

15. Modifications

Material changes (price, refund mechanics, IP, liability, governing law) are emailed to the email of record at least 14 days before the effective date. Non-material changes (typos, clarifications, contact details) are posted in-app with an updated "Last updated" date. Continued use after the effective date is deemed acceptance. If you reject a material change, your sole remedy is to terminate and receive a pro-rata refund of unused Pro days.

16. Assignment

You may not assign these Terms. DigiSurf may assign on merger, acquisition, sale of assets, or to an affiliate (including DIGIROX Edu JV operating partners where they run the portal in their territories), with email notice to your address of record.

17. Notices

We will contact you via the email on your account; keep it current. Formal notices to us:

Email: info@digisurfaustralia.com.au (cc legal@digisurfaustralia.com.au)
India operations: c/o DIGIROX Edu Pvt Ltd

18. Severability & entire agreement

If any clause is held unenforceable, the remainder survives and the clause is reformed to the minimum extent needed for enforceability. These Terms, together with the Privacy Policy, Refund & Cancellation Policy, Delivery Policy, Cookie Policy, Disclaimer, and the plan-specific order confirmation, constitute the entire agreement between you and DigiSurf regarding the service.

19. Contact & Grievance Officer

General queries: info@digisurfaustralia.com.au.

Grievance Officer (India) (IT Rules 2021, Rule 4(1)(c) + CP-EC Rules 2020 §5(8)):

Email: grievance@digisurfacademy.com
Response time: acknowledgement within 48 hours; resolution within 15 days.