Terms & Conditions
These Terms are a legally binding agreement. By creating an account, ticking the acceptance checkbox, or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms, the Privacy Policy, and the Refund & Cancellation Policy, each incorporated here by reference. If you do not agree, do not create an account or use the Platform.
1. Who we are
"Avielevate" ("we", "us", "our") is a digital exam-preparation platform for candidates preparing for the DGCA Commercial Pilot Licence (CPL) theory examinations, operated by Nand Shukla, Founding Director (business incorporation and registration details to be published upon incorporation). All legal and grievance correspondence: avielevate@gmail.com (see §18).
2. Definitions
- "Content" — all questions, options, answer keys, explanations, notes, charts, images, analytics, text, software, and design on the Platform.
- "User Content" — anything you submit: comments, reports, "seen in exam" data, notes, profile information.
- "Subscription" — a paid plan granting time-limited access, as described on the pricing page.
- "Trial" — the free, limited access granted automatically on sign-up.
3. Eligibility and accounts
3.1. You must be at least 18, or 16 with the consent and supervision of a parent or legal guardian who accepts these Terms on your behalf and is jointly responsible.
3.2. One account per person. You may hold only one Account, must provide true and complete information, and keep it current. Accounts are personal and non-transferable.
3.3. Account security and single-session use. You are responsible for all activity under your Account and for keeping credentials confidential. The Platform enforces a single active session; sharing credentials, or using one Account across multiple persons, is a material breach.
4. Nature of the service — no authority, no guarantee
4.1. We are an independent private preparation platform. We are not the DGCA, are not affiliated with, endorsed by, or acting under any authority of the DGCA or any government or regulatory body, and issue no licence, certificate, or official result of any kind.
4.2. Indicative content. Examination structures, question counts, durations, weightages, and passing marks shown on the Platform are indicative, compiled from public and secondary sources, and may differ from the current official DGCA syllabus. You must verify all official requirements from official DGCA sources.
4.3. Answer keys may be disputed. Questions, answer keys, and explanations are prepared with care but may contain errors, may be marked "disputed", and are for practice only. You must not rely on the Platform's content as a statement of correct examination answers or as a determinant of your actual examination outcome.
4.4. No outcome guarantee. We do not warrant or guarantee that using the Platform will result in passing any examination or achieving any score.
5. Licence to use
5.1. Subject to these Terms and payment of applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Platform and Content for your own personal, non-commercial examination preparation only.
5.2. This licence grants you no ownership of any Content. All rights not expressly granted are reserved.
6. Intellectual property and anti-piracy
6.1. All Content and all intellectual property rights in it (including under the Copyright Act, 1957 and the Trade Marks Act, 1999) are owned by or licensed to us. "Avielevate", the logo, and associated marks are our property.
6.2. You must not, and must not permit or assist any person to: (a) copy, reproduce, republish, distribute, sell, licence, rent, or otherwise exploit any Content; (b) record, screenshot, photograph, screen-scrape, bulk-download, or otherwise extract questions, answer keys, or explanations beyond your own on-screen personal study; (c) share, resell, or provide access to your Account or any Content to any third party; (d) use any robot, scraper, or automated means to access the Platform; (e) reverse engineer or attempt to derive the underlying question bank; (f) circumvent any security, access-control, rate-limiting, or trial-limitation feature.
6.3. You acknowledge that the question bank is our core commercial asset, that its unauthorised extraction or distribution causes serious and irreparable harm not adequately compensable in damages, and that we are entitled to seek injunctive relief in addition to any other remedy, and to recover all resulting losses, costs, and legal fees.
7. Acceptable use
7.1. You agree not to use the Platform to: (a) break any law or infringe any right; (b) upload or post unlawful, defamatory, obscene, harassing, hateful, misleading, or infringing material; (c) impersonate any person or misrepresent your affiliation; (d) transmit malware or interfere with the Platform; (e) attempt unauthorised access to any account, system, or data; (f) engage in conduct that, in our reasonable judgment, harms other users, us, or the Platform's reputation.
7.2. We may, at our sole discretion and without prior notice, remove any User Content and suspend, restrict, or terminate access for any breach of this §7.
8. User Content and community features
8.1. Licence to us. By submitting User Content, you grant us a worldwide, royalty-free, perpetual, irrevocable, transferable, sub-licensable licence to use, store, reproduce, modify, display, distribute, and moderate it for operating, improving, and promoting the Platform. You confirm you have all rights necessary to grant this.
8.2. Moderation. Comments and reports are moderated. We may edit, hide, remove, or refuse any User Content at our discretion. Mentioning "@avielevate" routes a comment to our administrators and moderators; this is not a guaranteed response channel.
8.3. Voting and replies. Community features (likes, dislikes, replies) are provided as-is; counts and threads may be adjusted, reset, or removed for integrity or moderation.
8.4. No confidential submissions. Do not submit anything confidential. You are solely responsible for your User Content and indemnify us against any claim arising from it (see §13).
9. Fees, taxes, and billing
9.1. Plans and prices are as shown on the pricing page. All prices are inclusive of applicable taxes (including GST) unless expressly stated otherwise.
9.2. Access is granted for the paid term. Payment is processed through our third-party payment processor; we do not store your full card or banking details.
9.3. You are responsible for any charges your bank or payment provider levies. We may change plans and prices prospectively; changes do not affect a term already paid for.
10. Refunds and cancellation
Governed by the Refund & Cancellation Policy, incorporated here by reference. In summary: a refund is available only if requested within 3 days of subscription activation and before 50 questions have been viewed from the general (non-trial) question bank; beyond either threshold the Subscription is non-refundable; and a Subscription cancels automatically at the end of its paid term.
11. Trial
The Trial grants access to a fixed, limited subset of questions per subject, "as is", and may be changed or withdrawn at any time. It confers no right to a refund or to continued access.
12. Disclaimers and warranties
12.1. The Platform and all Content are provided "as is" and "as available", without warranty of any kind, express, implied, or statutory, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement, to the maximum extent permitted by law.
12.2. We do not warrant that the Platform will be uninterrupted, timely, secure, or error-free, or that Content is accurate, complete, or current. Free-tier infrastructure may cause occasional downtime, an accepted characteristic of the service.
12.3. Nothing here excludes any liability that cannot be excluded under applicable Indian law, including the Consumer Protection Act, 2019.
13. Limitation of liability
13.1. To the maximum extent permitted by law, we (and our operator, personnel, and service providers) will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary loss, or for any loss of profits, revenue, data, goodwill, examination opportunity, or examination result, whether in contract, tort, or otherwise, even if advised of the possibility.
13.2. Our total aggregate liability for all claims in any twelve-month period will not exceed the total fees actually paid by you to us in the three (3) months immediately preceding the event giving rise to the claim, or ₹1,000, whichever is lower.
13.3. These limits reflect a reasonable allocation of risk and apply to the fullest extent permitted by law. Nothing here limits liability for fraud or anything that cannot lawfully be limited.
14. Suspension, ban, deletion, and blocklisting
14.1. We may, at our sole discretion where reasonable to protect the Platform, its users, or our rights, suspend, ban, delete, or restrict any Account, with or without notice:
- Suspension — a temporary restriction for a defined period, or until further notice, for a suspected or actual breach. A suspended Account is not banned; access resumes at the end of the suspension unless escalated.
- Ban — a permanent termination for a serious or repeated breach. We may record the associated email address and/or phone number on an internal blocklist, and a blocklisted email or phone number may be refused registration in future.
- Deletion — removal of an Account and associated data. Deletion is an administrative action and does not by itself constitute a ban.
14.2. No refund on breach. Where we suspend, ban, or terminate for your breach, you are not entitled to any refund and any outstanding fees remain payable.
14.3. Appeals. You may appeal through the Help & Support facility, including the one reachable from our public pricing/landing page, so a suspended, banned, or deleted user can still reach us. We consider genuine appeals in good faith; our decision is final.
14.4. Audit and records. We maintain tamper-resistant, append-only records of account actions for security, compliance, and dispute-resolution, retained as permitted by law.
15. Third-party services
The Platform relies on third-party providers (cloud hosting, authentication, payment processing, email delivery, and AI). Your use may be subject to their terms. We are not responsible for third-party services or their availability.
16. Privacy and data protection
Your personal data is handled under our Privacy Policy and the Digital Personal Data Protection Act, 2023. By using the Platform you consent to that processing.
17. Changes to these Terms
We may amend these Terms. On a new version we update the effective date and, for material changes, notify affected users by email and/or in-app notification. Continued use after a change takes effect constitutes acceptance. If you do not accept a change, stop using the Platform.
18. Governing law, dispute resolution, and grievance redressal
18.1. Governing law. These Terms are governed by the laws of India.
18.2. Jurisdiction. Subject to §18.3, the courts at Mumbai, Maharashtra have exclusive jurisdiction.
18.3. Arbitration. Any dispute shall first be attempted to be resolved amicably; failing which it shall be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996, seated at Mumbai, Maharashtra, in English. This does not prevent us from seeking urgent injunctive relief from a court (see §6.3).
18.4. Grievance Officer. In accordance with the Information Technology Act, 2000 and rules thereunder, the Consumer Protection (E-Commerce) Rules, 2020, and the Digital Personal Data Protection Act, 2023:
Grievance Officer: Nand Shukla, Founding Director
Email: avielevate@gmail.com
We acknowledge grievances within 48 hours and endeavour to resolve them within the timelines prescribed by applicable law.
19. General
19.1. Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
19.2. Severability. If any provision is held unenforceable, the rest remains in effect and the provision is modified to the minimum extent necessary.
19.3. Waiver / Assignment. No failure to enforce a right is a waiver. You may not assign these Terms; we may, including on a transfer of the business.
19.4. Entire agreement. These Terms, with the Privacy Policy and the Refund & Cancellation Policy, are the entire agreement and supersede any prior understanding. In case of conflict between versions, the English version prevails.
For and on behalf of Avielevate
(to be affixed)