Terms and Conditions
Ethition Online Examination Platform
Last updated: 10 October 2026
1. Introduction, Parties, and Acceptance
1.1 Parties and Platform
These Terms and Conditions (the “Terms”) regulate access to, and use of, the Ethition online examination and assessment platform, which comprises the website located at https://ethition.com, the associated web application, and the mobile applications made available under the Ethition name (together, the “Platform”). The Platform is owned and operated by Cordiia Software Technologies Private Limited, a private limited company whose registered office is situated at No-850, Kamalpur, Balighai, Egra, Purba Medinipur, West Bengal, India 721422 (the “Company”).
1.2 Acceptance
Access to the Platform, the creation of an Account, the acceptance of an Order Form, the activation of a free trial, or the commencement of an assessment through an enrolment link constitutes acceptance of the Terms. Acceptance given by electronic means is a valid form of contract formation under section 10A of the Information Technology Act, 2000, and no handwritten signature is required for the Terms to bind the parties. Any person who accepts the Terms on behalf of an Organisation represents that they hold the authority necessary to bind that Organisation, and the Organisation is bound accordingly.
1.3 Business Orientation of the Platform
The Platform is designed for schools, colleges, universities, training bodies, certification bodies, and employers that conduct examinations and assessments in the course of their activities. It is not marketed to individuals acting for purposes unrelated to a trade, business, profession, or educational function. Candidates who sit an assessment do so at the direction of the Organisation that invited them, and the commercial relationship in respect of the Platform exists exclusively between the Company and that Organisation.
1.4 Documents Forming the Agreement
The agreement between the Company and an Organisation consists of these Terms, any Order Form or institutional licence agreement signed or accepted by the parties, any data processing agreement concluded under clause 5.3, and the Privacy Policy and Cookie Policy published on the Platform. Where a provision of an Order Form conflicts with these Terms, the Order Form prevails to the extent of the conflict. The Privacy Policy, the Cookie Policy, and the GDPR Compliance Statement describe how personal data and tracking technologies are handled; they are informational notices and, save where the Terms expressly refer to them, do not enlarge the Company’s contractual obligations beyond those stated in the Terms.
1.5 Amendments
The Company may revise the Terms from time to time to reflect changes in the Platform, in applicable law, or in business practice. The date of the latest revision appears at the head of the document. Where a revision is material and adverse to an Organisation holding a paid Subscription, the Company shall give written notice by email to the Account owner, or by a prominent notice within the Platform, not less than thirty (30) days before the revision takes effect. Continued use after that date amounts to acceptance; an Organisation that does not accept the revision may cancel its Subscription in accordance with clause 9.4 before the effective date, and the revision shall not apply to it during the remainder of the Subscription Term already paid for.
1.6 Interpretation
Headings are inserted for convenience and do not affect interpretation. The words “including” and “includes” are illustrative and not exhaustive. A reference to a statute or regulation is a reference to that instrument as amended, re-enacted, or replaced from time to time. The Terms are drafted in English, and any translation is provided for convenience only. A “business day” is a day other than a Saturday, a Sunday, or a public holiday in West Bengal, India.
2. Definitions
In the Terms, the following expressions bear the meanings set out below.
“Account” means a registered profile through which an Organisation or an Authorised User administers the Platform.
“Applicable Law” means all statutes, regulations, rules, orders, and binding directions in force from time to time that govern a party’s activities under the Terms, including laws on data protection, consumer protection, and electronic commerce.
“Assessment Data” means all data generated or collected through the delivery of an assessment, including Candidate identifiers, responses, scores, time-spent records, rankings, certificates, and Proctoring Data.
“Authorised User” means an individual appointed by an Organisation to use the Platform in a defined role, such as administrator, examiner, evaluator, or coordinator.
“Candidate” means an individual invited by an Organisation to sit an assessment, whether as a student, applicant, employee, trainee, or participant in a certification or competitive examination.
“Customer Content” means all questions, answer keys, images, documents, branding materials, rosters, and other material that an Organisation or an Authorised User uploads to, or creates on, the Platform.
“Order Form” means a written or electronic ordering document, quotation, or checkout record that identifies the Plan, the fees, the Subscription Term, and any special conditions agreed with the Company.
“Organisation” means the school, college, university, business, or other entity that holds an Account or has concluded an Order Form, and which is the Company’s customer.
“Plan” means a service tier offered by the Company, being the Free Trial, the Pay Per Test plan, or the Institutional plan, as described on the Pricing page of the Platform or in an Order Form.
“Pricing page” means the page of the Platform on which the Company publishes the Plans and the fees applicable to them.
“Proctoring Data” means the webcam activity and the device activity that are analysed in real time when a Proctoring Feature is enabled for an assessment, together with the face-detection and gaze-direction signals, browser events, alerts, and other technical records that the analysis generates.
“Proctoring Features” means the optional supervision tools of the Platform, namely AI-based proctoring, Browser Lockdown, and chit detection.
“Subscription” means an Organisation’s paid right to use the Platform under a Plan for a Subscription Term.
“Subscription Term” means the initial period selected at checkout or stated in the Order Form, together with each Renewal Term that follows under clause 9.2.
“Trial Period” means the thirty (30) day period described in clause 8.1.
“Unit” means the billable measure of consumption under the Plan selected, one Unit being charged for each transaction recorded by the Platform, as described on the Pricing page, at checkout, or in the Order Form.
3. The Platform and the Services
3.1 Scope of the Services
Subject to the Terms and to the Plan selected, the Company provides a hosted environment in which an Organisation may create, schedule, deliver, supervise, grade, and analyse examinations. The functionality includes the import of questions from Excel and PDF files, a rich text editor capable of handling mathematical equations, chemical formulas, images, and tables, objective and subjective question types, automated grading of objective responses, manual marking tools for descriptive responses, adaptive testing, role-based access control, white-label Organisation profiles, certificate generation, notifications and alerts, a multilingual interface, and reporting on topic-level performance, time spent, and comparative ranking. The availability of each feature depends on the Plan, and the features offered under the Free Trial and Pay Per Test plans are narrower than those under the Institutional plan.
3.2 Plans and Usage Limits
The Free Trial, the Pay Per Test plan, and the Institutional plan are described on the Pricing page. Candidate volumes, Unit allowances, and other usage limits are those stated for the relevant Plan or in the Order Form. Institutional licences are priced by individual quotation. The Company may adjust the composition of a Plan prospectively, but no adjustment shall reduce the entitlements already paid for during a running Subscription Term without the remedy described in clause 3.5.
3.3 Candidate Access
A Candidate is not required to open a public Ethition account in order to sit an assessment. The Organisation creates the examination and issues an enrolment link, and the Candidate reaches the assessment directly through that link. Where a Candidate loses connectivity or suffers a technical interruption, the Platform permits the session to resume from the point at which it stopped, subject to the time rules configured by the Organisation for that assessment.
3.4 Mobile Applications
Where the Company distributes a mobile application through a third-party application store, the Company grants the user a limited, non-exclusive, non-transferable, revocable licence to install and use the application on a device that the user owns or controls, for the purposes permitted by the Terms. The terms of the relevant application store apply in addition to the Terms, and the Company is not a party to the contract between the user and the store operator.
3.5 Changes to Features
The Company may enhance, modify, or retire features of the Platform. If the Company withdraws a feature that the Organisation’s paid Plan expressly included, and the withdrawal materially reduces the value of the Subscription, the Organisation may terminate the affected Subscription by written notice given within thirty (30) days of the withdrawal and shall receive a refund of the prepaid fees attributable to the unexpired part of the Subscription Term. That remedy is exclusive in respect of the withdrawal.
3.6 Support
Technical and sales support is offered by email, by support ticket, and through a live chat facility that is operated with automated assistance. Responses generated by the automated chat facility are informational, may contain inaccuracies, and do not vary the Terms or any Order Form. An Organisation that requires a binding answer should obtain it in writing from the Company through the support address published on the Platform, being support@ethition.com.
3.7 Pre-Release Features
The Company may designate certain functionality as beta, preview, or experimental. Such functionality is supplied without charge, may be changed or withdrawn without notice, and is excluded from every commitment in the Terms other than clause 13 (Acceptable Use) and clause 12 (Intellectual Property).
4. Eligibility, Accounts, and Roles
4.1 Eligibility of Organisations
An Organisation must be a lawfully constituted entity with capacity to contract and must use the Platform only for examination and assessment activities that it is entitled to conduct. The Company may decline or terminate any registration where it reasonably suspects that the applicant is not what it claims to be.
4.2 Minimum Age for Account Holders
An individual may register an Account, administer an Organisation’s Account, or act as an Authorised User only if that individual has reached the age of eighteen (18) years. A person who has not attained the age of majority under the Indian Majority Act, 1875, which is generally eighteen (18) years, is not competent to contract under section 11 of the Indian Contract Act, 1872, and the Company therefore does not contract with such a person. An individual who is under eighteen (18) years may use the Platform solely as a Candidate sitting an assessment assigned by an Organisation, and the Organisation bears responsibility for ensuring that every legal requirement attaching to that participation, including the obtaining of parental or guardian consent, has been satisfied.
4.3 Accuracy of Registration Details
Registration details, including the legal name of the Organisation, a valid email address, and any tax registration number needed for invoicing, must be accurate and kept current. The Platform permits sign-in through the Google and LinkedIn authentication services. Where those services are used, the Organisation remains responsible for the security of the linked third-party profile.
4.4 Roles and Permissions
Each Organisation designates its administrators and determines, through the role-based access controls of the Platform, which Authorised Users may create content, deliver assessments, view results, or export data. The Company acts on instructions that originate from an Account holding the relevant permission and has no duty to verify the internal authority of the individual who issues them.
4.5 Credentials
Login credentials are personal to the Authorised User and may not be shared. The Organisation shall notify the Company without delay upon becoming aware of any unauthorised use of an Account or any compromise of credentials. Activity carried out through an Account is attributed to the Organisation unless the Organisation shows that the activity resulted from a failure of the Company’s own security.
4.6 Responsibility for Users
The Organisation answers to the Company for the acts and omissions of its Authorised Users and Candidates in connection with the Platform as though they were its own, and it shall ensure that each of them is informed of the rules of conduct that apply to them under clauses 13 and 14.
5. Allocation of Data Protection Responsibilities
5.1 Respective Roles
As between the Company and an Organisation, the Organisation decides why and how Assessment Data and the personal data contained in Customer Content are processed, and it is the controller (in India, the data fiduciary) of that data. The Company processes such data only on the documented instructions of the Organisation, as its processor (in India, the data processor), save where the Company is required by law to act otherwise. For account administration, billing, security monitoring, and the operation of its own website, the Company determines the purposes of processing for itself. The Privacy Policy sets out the categories of data and the roles that apply to each.
5.2 Obligations of the Organisation
The Organisation shall identify a valid legal basis for each processing activity that it instructs, shall give Candidates the notices required by Applicable Law before data is collected, and shall obtain every consent that the law demands, including verifiable parental or guardian consent for Candidates who have not reached the age of majority in their jurisdiction. It shall decide whether Proctoring Features are enabled for a given assessment, shall inform Candidates of the data that those features collect, and shall configure retention in accordance with its own legal obligations.
5.3 Data Processing Agreement
On written request, and in every Institutional Order Form, the Company shall conclude a data processing agreement that satisfies Article 28(3) of Regulation (EU) 2016/679 (the General Data Protection Regulation, or “GDPR”) and, where the Organisation’s processing is subject to it, the corresponding requirements of the Digital Personal Data Protection Act, 2023 of India. Where personal data originating in the European Economic Area or the United Kingdom is transferred to the Company in India, the parties shall incorporate the transfer mechanism described in the Privacy Policy.
5.4 Sub-Processors
The Organisation grants the Company general written authorisation to engage the sub-processors identified in the Privacy Policy, including providers of hosting, email delivery, payment processing, and document analysis. The Company shall bind each sub-processor to obligations of confidentiality and security no less protective than those in the Terms, and shall give the Organisation advance notice of the addition or replacement of a sub-processor so that the Organisation may object on reasonable grounds.
5.5 Assistance and Incidents
The Company shall provide reasonable assistance to enable the Organisation to answer requests from individuals who exercise statutory rights over their data, and shall notify the Organisation without undue delay after becoming aware of a personal data breach affecting the Organisation’s Assessment Data. The decision whether to notify a regulator or affected individuals, and the content of that notification, rests with the Organisation as controller, except where the law imposes a direct duty on the Company.
6. Assessment Delivery, Proctoring, and Academic Integrity
6.1 Decisions Reserved to the Organisation
The Organisation alone determines the content of each assessment, the eligibility of each Candidate, the marking scheme, the pass mark, and the consequences of any result. The Company does not adjudicate allegations of misconduct, does not decide whether a Candidate has passed, and does not take any admission, employment, certification, or disciplinary decision.
6.2 Optional Proctoring
Proctoring Features are optional and are enabled per assessment by the Organisation. AI-based proctoring uses remote monitoring to detect the presence of multiple faces and to track eye movement. Browser Lockdown restricts navigation to other browser activity, copy-and-paste functions, and screen captures. Chit detection forms part of the exam-security tooling of the Platform. An Organisation that enables a Proctoring Feature does so on its own assessment of necessity and proportionality.
6.3 Flags Are Indicators, Not Findings
Output of a Proctoring Feature is a probabilistic signal that an event of interest may have occurred. It is not proof of misconduct. The Organisation shall ensure that a competent human reviewer evaluates any flagged event before an adverse step is taken against a Candidate, and that the Candidate is afforded a fair opportunity to explain and to contest the outcome. Neither the Platform nor the Organisation’s own procedures may be configured so that an adverse decision follows from an automated flag alone.
6.4 Limits of Automated Monitoring
Detection accuracy is affected by lighting, camera quality, background activity, assistive technologies, physical characteristics of the Candidate, and network conditions, and the Platform may therefore produce both false alerts and missed events. The Organisation shall provide a reasonable alternative arrangement to any Candidate who cannot use a Proctoring Feature because of disability, a documented medical condition, or the lack of suitable equipment.
6.5 Candidate Equipment and Connectivity
Each Candidate is responsible for a compatible device, a supported browser, the camera permission where proctoring requires it, and a stable internet connection. The Company is not responsible for an interruption that originates in the Candidate’s equipment or in a third-party network. The treatment of time lost during an interruption is a matter of the rules that the Organisation has configured.
6.6 Browser Lockdown
Browser Lockdown reduces the opportunities for unauthorised navigation but cannot guarantee that every method of circumvention, including the use of a secondary device outside the field of view, will be prevented. The Organisation shall adopt such invigilation measures in addition to the Platform as the stakes of the assessment warrant.
6.7 Grading and Writing Quality Checks
Automated grading applies the answer keys and marking rules entered by the Organisation, and the Organisation is responsible for verifying them before an assessment is released. Writing quality checks, which are performed with the assistance of a third-party text analysis service, assist a human evaluator in reviewing descriptive answers; their output, including any indication of similarity to other texts or of machine-generated writing, is advisory and is not conclusive.
6.8 Certificates
Where the certificate generation feature is used, the certificate is issued in the name and under the authority of the Organisation. The Company generates the document from the Organisation’s data and does not itself certify the competence of any Candidate.
6.9 Regulation of Automated Examination Monitoring
Several jurisdictions regulate the use of automated systems to monitor examinations. The Organisation, as the party that selects and deploys the Proctoring Features for its Candidates, is responsible for complying with those laws in the places where its Candidates are located, and the Company shall supply the technical information about the Platform that the Organisation reasonably needs for that purpose.
7. Fees, Payment, and Taxes
7.1 Fees
Fees are those published on the Pricing page for the Plan selected, or those stated in the Order Form. Institutional fees are determined by quotation. The Company will not charge any fee that was not disclosed to the Organisation before it confirmed the purchase.
7.2 Payment Methods and Currency
Payment may be made through the gateways integrated into the Platform, which are CCAvenue, PayPal, and Stripe, and through such other methods as an Order Form may provide. The currency is the one displayed at checkout or stated in the Order Form. Currency conversion charges, bank charges, and transfer fees levied by the payer’s financial institution are borne by the payer. Payment instrument details are entered on the pages of the relevant gateway and are handled under that gateway’s own terms. A payment instrument that the Organisation elects to save for later payments is held by the gateway in tokenised form, and the Company does not store the full card number.
7.3 Timing
Subscription fees are payable in advance for each Subscription Term. Pay Per Test fees are payable at the point and in the manner indicated at checkout, before the relevant Units are made available. Fees under an Institutional Order Form fall due in accordance with the invoicing schedule stated in that document.
7.4 Taxes
All fees are stated exclusive of the Goods and Services Tax levied under the Central Goods and Services Tax Act, 2017, and the Integrated Goods and Services Tax Act, 2017, and of any other indirect tax, which the Organisation shall pay in addition where it is chargeable. Where a supply qualifies as an export of services within the meaning of section 2(6) of the Integrated Goods and Services Tax Act, 2017, it is zero-rated under section 16 of that Act, and the Company will invoice it accordingly. The Organisation shall provide its tax registration details on request. If an Organisation is legally required to withhold tax from a payment, it shall remit the withheld amount to the competent authority, furnish proof of remittance, and pay such additional sum as ensures that the Company receives the full invoiced amount, except to the extent that the law forbids that arrangement.
7.5 Non-Payment
If a payment is declined, reversed, or overdue, the Company may notify the Organisation, and, if the default continues for seven (7) days after that notice, may suspend access to the paid features of the Platform until the amount is received. Suspension does not relieve the Organisation of its obligation to pay and does not delete Customer Content.
7.6 Invoice Queries
An Organisation that disputes an invoice in good faith shall notify the Company in writing within fifteen (15) days of the invoice date, identifying the disputed items, and shall pay the undisputed portion on time. The parties shall cooperate to resolve the query promptly.
7.7 Changes in Price
A change in the fee for a Plan takes effect, for an existing Subscription, no earlier than the start of the next Renewal Term, and the Company shall notify the Organisation of the new fee not less than thirty (30) days before that renewal date.
8. Learning
8.1 Learning
The Company offers a free trial of thirty (30) days, counted from the day on which the trial is activated. One trial is available per Organisation, and the Company may decline a further trial where it detects repeated registrations intended to avoid paymen
8.2 Scope of the Trial
During the Trial Period, the Organisation may create an examination, explore the Platform, and review how the assessment process operates, within the feature set and usage limits that the Company indicates for the trial on the Pricing page. The trial is supplied for evaluation only and not for the conduct of high-stakes examinations.
8.3 No Automatic Conversion
The trial ends automatically on the last day of the Trial Period. It does not convert into a paid Subscription and no fee is taken, unless the Organisation affirmatively selects a paid Plan and authorises payment. The automatic renewal arrangements in clause 9 begin only upon that affirmative selection.
8.4 Data After the Trial
Customer Content and Assessment Data created during the trial remain subject to the retention provisions of the Privacy Policy after the Trial Period ends, and the Organisation may request their export or deletion in writing at any time.
8.5 Supply As Is
The trial is supplied without warranty of any kind, and the Company may suspend or end it immediately where the Organisation breaches clause 13.
9. Subscription Term, Automatic Renewal, and Cancellation
9.1 Subscription Term
A Subscription begins on the date of the first successful payment or on the start date stated in the Order Form, and runs for the period selected at checkout or stated in the Order Form.
9.2 Automatic Renewal
Unless cancelled in accordance with clause 9.4, each Subscription renews automatically at the end of the Subscription Term for a further period equal to the expiring term (a “Renewal Term”), at the fee in force under clause 7.7. The Company requests the Organisation’s authorisation for renewal separately and expressly at checkout, and states there the renewal period and the amount of the renewal fee. Pre-selected options, concealed charges, and obstructive cancellation flows are not used, consistent with the Guidelines for Prevention and Regulation of Dark Patterns, 2023, issued by the Central Consumer Protection Authority of India.
9.3 Reminders and Recurring Payment Rules
Before each renewal charge, the Company shall send a reminder to the Account email address that states the renewal date, the amount, and the means of cancelling. Where recurring payments are processed in India through a card, the Unified Payments Interface, or a prepaid payment instrument, they are subject to the Digital Payments - E-mandate Framework, 2026, issued by the Reserve Bank of India on 21 April 2026. Under that framework the mandate is registered with additional factor authentication, the issuer sends a pre-transaction notification at least twenty-four (24) hours before the debit, and the payer may opt out of an individual debit or withdraw the mandate altogether. Payments processed through a gateway outside India follow the recurring-payment rules of the relevant card network and gateway.
9.4 Cancellation
An Organisation may cancel a Subscription at any time, through the Account settings or by written notice to support@ethition.com, by the method that is at least as easy as the one used to subscribe. Cancellation takes effect at the end of the Subscription Term then running; no further charge is made after that date, and access to the paid features continues until the end of the term already paid. A cancellation request received after a renewal charge has been taken is governed by clause 10.
9.5 Changing Plans
An upgrade takes effect at once, with the additional fee charged pro rata for the unexpired part of the Subscription Term. A downgrade takes effect at the start of the next Renewal Term.
9.6 Non-Renewal by the Company
The Company may elect not to renew a Subscription by giving the Organisation not less than thirty (30) days’ written notice before the end of the Subscription Term, in which case no renewal charge is made.
10. Customer Content and Assessment Data
10.1 Ownership
As between the parties, the Organisation retains every right, title, and interest in Customer Content and in Assessment Data. The Company acquires no ownership of either, and no provision of the Terms transfers such rights to it.
10.2 Licence to the Company
The Organisation grants the Company a worldwide, non-exclusive, royalty-free licence, for the duration of the Subscription and for so long afterwards as the Company holds the data under the Privacy Policy, to host, copy, process, transmit, and display Customer Content and Assessment Data solely to provide the Platform, to secure it, to prevent abuse, to provide support, and to comply with law. Where the Organisation uses the white-label profile feature, the licence extends to the display of its name, logo, and colours within the Platform and on documents generated for it.
10.3 Rights in the Content
The Organisation warrants that it owns Customer Content or holds all licences, consents, and permissions needed to upload it and to authorise the Company’s processing as described in the Terms. That warranty applies in particular to question banks, reading passages, and images imported from files, which often originate with third-party publishers.
10.4 Aggregated Information
The Company may compile statistics about the operation of the Platform, such as volumes of assessments and performance of features, from which every Organisation and individual is irreversibly removed, and may use that information to maintain and improve the Platform. No Organisation or Candidate will be identified in such material.
10.5 Export and Deletion
The Organization may export its Customer Content and Assessment Data through the reporting tools of the Platform while the Account is active. A written request for erasure may be addressed at any time to dsar@ethition.com, and the Company shall act on it in accordance with the Privacy Policy, subject to any retention required by law.
11. Intellectual Property of the Company
11.1 Ownership of the Platform
The Platform, including its software, user interface, algorithms, databases, documentation, graphics, and the Ethition name and associated marks, is owned by the Company or its licensors and is protected by the Copyright Act, 1957, the Trade Marks Act, 1999, and corresponding laws elsewhere. No right is conveyed to the Organisation other than the rights expressly granted in the Terms.
11.2 Right of Use
Subject to payment of the applicable fees and compliance with the Terms, the Company grants the Organisation a limited, non-exclusive, non-transferable, non-sublicensable right, for the Subscription Term, to permit its Authorised Users and Candidates to access and use the Platform for the Organisation’s internal examination and assessment purposes.
11.3 Restrictions
The Organisation shall not, and shall not permit others to, copy, modify, or create derivative works of the Platform; reverse engineer, decompile, or attempt to extract the source code except to the extent that the law permits despite this restriction; sell, lease, or sublicense access; build a competing product using the Platform’s non-public features; remove proprietary notices; or use automated means to extract data from the Platform other than through interfaces that the Company provides.
11.4 Feedback
The Company may use any suggestion, enhancement request, or comment that the Organisation provides about the Platform without obligation, provided that the Organisation’s confidential information is not disclosed.
12. Acceptable Use
The Organisation, its Authorised Users, and its Candidates shall not use the Platform in any of the following ways, and the Organisation is responsible for taking reasonable steps to prevent them.
(a) Unlawful activity: Using the Platform in violation of Applicable Law, including the Information Technology Act, 2000, or to commit, facilitate, or conceal any offence.
(b) Impersonation: Sitting an assessment on behalf of another person, using another person’s credentials or enrolment link, or misrepresenting identity or affiliation.
(c) Interference with assessments: Using tools, extensions, secondary devices, or services intended to defeat Browser Lockdown, to evade AI-based proctoring, or to obtain answers or assistance prohibited by the Organisation’s rules.
(d) Security violations: Probing, scanning, or testing the vulnerability of the Platform; introducing malicious code; attempting to gain access to another Account or to data that is not intended for the user; or overloading the infrastructure.
(e) Harmful content: Uploading content that is defamatory, obscene, discriminatory, or that infringes the intellectual property, privacy, or other rights of any person.
(f) Misuse of data: Collecting or using personal data of Candidates for purposes incompatible with the assessment for which it was gathered, or disclosing results to persons who have no entitlement to them.
The Company may investigate suspected violations and may remove content, disable an enrolment link, or suspend an Account where it reasonably considers this necessary to protect the Platform, other users, or the integrity of an assessment. Where practicable, the Company shall notify the Organisation of the action taken and the reason for it.
13. Terms Applicable to Candidates
13.1 Relationship
A Candidate who opens an enrolment link uses the Platform at the invitation of the Organisation. The Candidate acquires no right against the Company other than the right to access the assessment assigned to them and to exercise the data rights that Applicable Law grants, and the Candidate’s questions about marking, eligibility, or outcome shall be directed to the Organisation.
13.2 Conduct
A Candidate shall sit the assessment personally and honestly, shall observe the instructions given by the Organisation, shall not record, copy, or share assessment content except where the Organisation permits it, and shall comply with clause 13.
13.3 Permissions on the Device
Where a Proctoring Feature has been enabled, the browser or application will request permission to use the camera, the microphone, or the screen. A Candidate who withholds a permission that the assessment requires may be unable to start or to continue it. The Candidate may raise any concern, or request an alternative arrangement, with the Organisation before the assessment begins.
13.4 Age
A Candidate who has not reached eighteen (18) years of age uses the Platform subject to the conditions that the Organisation has put in place under clause 4.2.
14. Copyright Policy and Notice-and-Takedown Procedure
14.1 Respect for Rights
The Company respects the rights of copyright owners and expects Organisations to do the same. Customer Content may include material imported from files that originate with third parties, and the Company has no practical means of reviewing all of it before it is stored. The Company therefore operates the procedure described in this clause for the receipt and handling of complaints.
14.2 Legal Framework
Copyright in a work is infringed under section 51 of the Copyright Act, 1957, when a person does without a licence an act that only the owner may do. Section 52(1)(c) of that Act, read with Rule 75 of the Copyright Rules, 2013, provides a notice-based mechanism under which a person who stores a work in a transient or incidental manner for the purpose of providing electronic links, access, or integration shall refrain from facilitating access for a period of twenty-one (21) days upon a written complaint from the owner, or until a competent court orders otherwise. Section 79 of the Information Technology Act, 2000, additionally conditions an intermediary’s exemption from liability for third-party information on its expeditious action upon actual knowledge. For users of the Platform in the United States, the Company follows the procedure contemplated by section 512(c) of Title 17 of the United States Code, and for users in the European Union it provides the notice mechanism required of hosting providers by Article 16 of Regulation (EU) 2022/2065 (the Digital Services Act).
14.3 Content of a Notice
A notice of claimed infringement shall be in writing, shall be sent to the designated address in clause 15.6, and shall contain the following elements.
(a) Signature: A physical or electronic signature of the copyright owner or of a person authorised to act on the owner’s behalf.
(b) Work identified: Identification of the copyrighted work claimed to have been infringed, together with particulars that establish that the complainant is the owner or the exclusive licensee of the rights.
(c) Material identified: Identification of the material that is claimed to be infringing, with information reasonably sufficient to allow the Company to locate it, including the Organisation’s Account where known.
(d) Contact details: The complainant’s postal address, telephone number, and email address.
(e) Good-faith statement: A statement that the complainant has a good-faith belief that the use complained of is not authorised by the copyright owner, its agent, or the law.
(f) Accuracy statement: A statement that the information in the notice is accurate and, under penalty of perjury, that the complainant is authorised to act for the owner of the exclusive right allegedly infringed.
14.4 Action on a Notice
On receipt of a complete notice, the Company shall promptly disable access to the identified material, shall notify the Organisation that holds the Account, and shall provide it with a copy of the notice. Where the complaint is made under Indian law, access remains disabled for twenty-one (21) days or until a competent court orders otherwise, and the complainant is expected to commence proceedings against the uploader within that period. If the complaint is made under the United States procedure, clause 15.5 governs the restoration of material.
14.5 Counter-Notice
Under the United States procedure, an Organisation that believes the material was removed through mistake or misidentification may deliver a counter-notice to the same address. The counter-notice must be signed, must identify the material and its former location, must state under penalty of perjury a good-faith belief that the removal was a mistake or a misidentification, must give the Organisation’s name, address, and telephone number, and must state that the Organisation consents to the jurisdiction of the Federal District Court for the judicial district in which its address is located or, if that address is outside the United States, for any judicial district in which the Company may be found, and that it will accept service of process from the complainant or the complainant’s agent. The Company shall forward the counter-notice to the complainant and, unless the complainant informs the Company within ten (10) business days that it has filed an action to restrain the alleged infringement, shall restore the material not less than ten (10) nor more than fourteen (14) business days after receipt of the counter-notice.
14.6 Designated Agent
Notices and counter-notices shall be addressed to the Company’s designated copyright agent: Debipada Rath, No-850, Kamalpur, Balighai, Egra, Purba Medinipur, West Bengal, India 721422, Debipada.rath@cordiia.in. The Company intends to register that agent in the directory maintained by the United States Copyright Office at https://www.copyright.gov/dmca-directory/.
14.7 Repeat Infringers and Misrepresentation
The Company shall terminate, in appropriate circumstances, the Accounts of Organisations that are repeat infringers. A person who knowingly and materially misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages under section 512(f) of Title 17 of the United States Code, and the Company reserves the right to pursue any remedy available under Applicable Law against a person who files a knowingly false complaint.
15. Third-Party Services and Integrations
15.1 Services Integrated into the Platform
The Platform interoperates with services supplied by independent parties, among them Google and LinkedIn for sign-in, Copyleaks for the analysis of text, images, and documents, CCAvenue, PayPal, and Stripe for payments, an email delivery provider, GoDaddy for hosting, and an analytics service. Each is governed by its own terms and privacy notices, which the user should consult.
15.2 Allocation of Responsibility
The Company selects its service providers with care but does not control them. An act, omission, outage, or change of terms on the part of a third party gives rise to no liability on the Company’s part, except to the extent that the Company would be liable under the Terms for its own subcontractors. A provider may be replaced by an equivalent one, subject to clause 5.4.
15.3 Links
The Platform may contain links to external websites. The Company does not endorse their content and is not responsible for it.
16. Availability, Maintenance, and Backups
16.1 No Guarantee of Uninterrupted Service
The Company shall use reasonable efforts to keep the Platform available, but it does not warrant that access will be continuous, timely, or free of error. Planned maintenance is announced in advance where practicable and, wherever possible, scheduled outside periods when assessments are known to be running.
16.2 Scheduling of High-Stakes Examinations
An Organisation that conducts an examination of significant consequence is advised to schedule it with allowance for a re-sit window, to run a trial session beforehand, and to retain an alternative means of delivery. The Organisation shall inform the Company through the support channels, at least seven (7) days beforehand, of an assessment expected to involve unusually large numbers of simultaneous Candidates.
16.3 Records
The Organisation is encouraged to export results of consequence at regular intervals. Nothing in this clause limits the Company’s security and continuity commitments under the Privacy Policy.
17. Warranties and Disclaimers
17.1 Mutual Authority
Each party warrants that it has the legal capacity and authority to enter into the Terms and perform them.
17.2 Company Undertaking
The Company undertakes that it will provide the Platform with reasonable skill and care and in material conformity with the description of the relevant Plan.
17.3 Disclaimer
Except as stated in clause 18.2, and to the fullest extent that Applicable Law permits, the Platform is provided “as is” and “as available”, and the Company disclaims every other warranty, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of results. Without limiting that disclaimer, the Company does not warrant that the Proctoring Features will detect every irregularity, that automated grading will be free of error in respect of answer keys supplied by the Organisation, or that the Platform will satisfy any particular regulator’s requirements for examinations.
18. Limitation of Liability
18.1 Excluded Losses
Subject to clause 19.4, neither party is liable to the other for any indirect, incidental, special, or consequential loss, or for loss of profit, revenue, goodwill, or anticipated savings, arising out of or in connection with the Terms, whether in contract, tort (including negligence), or otherwise, even if the possibility of the loss was notified.
19.2 Cap
Subject to clause 19.4, the aggregate liability of the Company to an Organisation arising out of or in connection with the Terms in any period of twelve (12) months shall not exceed the total fees paid by that Organisation for the Platform in the twelve (12) months immediately preceding the event first giving rise to liability. For an Organisation on the Free Trial, the aggregate liability of the Company shall not exceed one thousand Indian rupees.
18.3 Matters Outside the Company’s Control
The Company is not liable for the outcome of an examination, for a decision that an Organisation takes on the strength of a result or a flag, or for loss arising from the Organisation’s failure to follow clause 6.
18.4 Liability That Cannot Be Limited
Nothing in the Terms limits or excludes liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, for wilful misconduct, or for any other liability that cannot lawfully be limited or excluded. The statutory remedies of a data subject against the Company under data protection law are likewise unaffected.
18.5 Reasonableness
The parties acknowledge that the fees reflect the allocation of risk in this clause and that the limitations are reasonable.
19. Indemnification
19.1 By the Organisation
The Organisation shall defend and indemnify the Company, its directors, officers, and employees against claims, losses, and reasonable costs, including legal fees, that third parties bring and that arise from Customer Content, from the Organisation’s breach of clause 5.2 or clause 13, or from the Organisation’s decisions concerning Candidates.
19.2 By the Company
The Company shall defend the Organisation against a third-party claim alleging that the Platform, used in accordance with the Terms, infringes that third party’s intellectual property rights, and shall pay damages finally awarded or agreed in settlement. No obligation arises where the claim comes from Customer Content, from modification of the Platform by anyone other than the Company, or from use in combination with materials not supplied by the Company. If an injunction is granted, the Company may procure the right to continue use, modify the Platform so that it is non-infringing, or terminate the affected Subscription and refund prepaid fees for the unexpired term.
19.3 Procedure
The indemnified party shall notify the indemnifying party promptly of a claim, shall allow it to control the defence and settlement, and shall give reasonable assistance at the indemnifying party’s expense. A settlement that imposes an obligation on the indemnified party requires its consent, which shall not be unreasonably withheld.
20. Confidentiality
20.1 Obligation
Each party shall keep confidential the non-public information of the other that is marked confidential or that a reasonable person would understand to be confidential, shall use it only to perform or exercise rights under the Terms, and shall protect it with at least the care it applies to its own information of like kind. Assessment content and Assessment Data are the confidential information of the Organisation.
20.2 Exceptions
The obligation does not extend to information that is or becomes public without fault of the recipient, that was lawfully known to the recipient beforehand, that is independently developed, or that is lawfully received from a third party. A recipient may disclose confidential information to the extent that law or a competent authority compels it, provided that it gives prior notice where permitted.
21. Term, Suspension, and Termination
21.1 Term
The Terms take effect on acceptance and continue for as long as the Organisation holds an Account or a Subscription.
21.2 Termination for Convenience by the Organisation
The Organisation may stop using the Platform and cancel its Subscription at any time under clause 9.4.
21.3 Termination for Cause
Either party may terminate by written notice if the other commits a material breach and, where the breach is capable of remedy, fails to remedy it within fifteen (15) days of a written notice requiring it to do so. The Company may terminate immediately where the Organisation breaches clause 13 in a manner that threatens the security of the Platform or the rights of third parties, or where the Organisation becomes insolvent.
21.4 Suspension
The Company may suspend access to the extent necessary, and for as long as necessary, to address a security threat, an order of a competent authority, or a breach described in clause 13. Access shall be restored promptly once the cause is resolved.
21.5 Consequences of Termination
On termination, the right of use under clause 12.2 ends. The Organisation may export its Customer Content and Assessment Data before the end of the Subscription Term. Thereafter the Company retains that data and deletes it in accordance with the Privacy Policy, including upon the written request of the Organisation. Fees paid are non-refundable on termination for cause by the Company, and fees accrued before termination remain payable.
21.6 Survival
Clauses 7 (as to accrued fees), 10.5, 11, 12, 15.7, 18, 19, 20, 21, 22.5, 24, and 26 survive termination or expiry.
22. Events Beyond Reasonable Control
Neither party is in breach of the Terms, or liable for delay or failure in performance, to the extent that the delay or failure results from an event beyond its reasonable control, such as natural disaster, epidemic, war, terrorism, governmental action, failure of public utilities or of telecommunications networks, labour disputes not involving its own personnel, or an outage at a third-party cloud or internet service provider that could not have been avoided by reasonable precautions. The affected party shall notify the other promptly and take reasonable steps to resume performance. Nothing in the present clause excuses an obligation to pay money that is due.
23. Governing Law and Dispute Resolution
23.1 Governing Law
The Terms, and every dispute or claim arising out of or in connection with them, including non-contractual disputes, are governed by the laws of India, without regard to conflict-of-law principles.
23.2 Escalation
The parties shall first attempt to resolve any dispute by good-faith negotiation between senior representatives for a period of thirty (30) days from the date on which one party gives written notice of the dispute to the other.
23.3 Arbitration
A dispute that is not resolved under clause 24.2 shall be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. The tribunal shall consist of a sole arbitrator appointed by agreement of the parties or, failing agreement within fifteen (15) days of a request, appointed in accordance with that Act. The seat and venue of arbitration shall be Kolkata, West Bengal, India, the language of the proceedings shall be English, and the award shall be final and binding.
23.4 Courts
Subject to clause 24.3, the courts having jurisdiction over the Company’s registered office in Purba Medinipur, West Bengal, India, shall have exclusive jurisdiction for the purposes of interim relief, the enforcement of an award, and any matter that cannot be referred to arbitration. Either party may seek urgent injunctive relief from any competent court to protect its intellectual property or confidential information.
23.5 Mandatory Consumer Protection
Clauses 24.3 and 24.4 do not deprive an individual consumer of any right to bring proceedings before the courts or authorities of the consumer’s place of residence where mandatory law of that place confers such a right and does not permit the right to be waived by contract.
23.6 Online Dispute Resolution Platform
The European Online Dispute Resolution platform that was established by Regulation (EU) No 524/2013 is no longer operational. Regulation (EU) 2024/3228 repealed the earlier Regulation with effect from 20 July 2025 and discontinued the platform, and the Company therefore does not direct users to it. Consumers resident in the European Union who wish to pursue out-of-court settlement may consult the list of alternative dispute resolution entities maintained by the European Commission and by their national authorities, and the Company shall consider in good faith any such proposal.
24. Grievance Officer and Contact Details
24.1 Grievance Officer
In accordance with Rule 5(9) of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and with the grievance redressal duties of a data fiduciary under section 8(10) of the Digital Personal Data Protection Act, 2023, the Company has designated a Grievance Officer, whose name and contact details are published in section 13.1 of the Privacy Policy. Grievances relating to the Platform or to personal data shall be addressed to the Grievance Officer, who shall acknowledge and redress them within one month of receipt.
24.2 General Contact
Questions about the Terms may be sent to support@ethition.com, or by post to Cordiia Software Technologies Private Limited, No-850, Kamalpur, Balighai, Egra, Purba Medinipur, West Bengal, India 721422. Matters concerning personal data shall be sent to privacy@ethition.com.
25. General Provisions
25.1 Entire Agreement
The Terms and the documents referred to in clause 1.4 constitute the entire agreement between the parties on their subject matter and supersede all earlier understandings, representations, and proposals about it. Each party acknowledges that it has not relied on any statement not set out in those documents.
25.2 Severability
If a court or tribunal of competent jurisdiction holds any provision invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of the Terms continues in force.
25.3 No Waiver
A failure or delay in exercising a right is not a waiver of it, and a waiver is effective only if given in writing.
25.4 Assignment
The Organisation may not assign or transfer its rights or obligations without the Company’s prior written consent, which shall not be unreasonably withheld in the case of a transfer to a successor of the whole of the Organisation’s business. The Company may assign the Terms to an affiliate or to a successor to its business on notice to the Organisation.
25.5 Notices
Notices to the Organisation may be given by email to the Account owner or through the Platform. A notice to the Company shall be sent to the addresses in clause 25.2. Receipt of an emailed notice is deemed to occur on the next business day after transmission, unless the sender receives a delivery-failure message.
25.6 Relationship
The parties are independent contractors. Nothing in the Terms creates a partnership, joint venture, agency, or employment relationship.
25.7 Third-Party Rights
Save for the persons indemnified under clause 20.1, a person who is not a party to the Terms has no right to enforce any of them.
25.8 Export and Sanctions
The Organisation shall not use the Platform in breach of any economic sanctions or export control law that applies to it or to the Company.