Updated: May 18, 2020
By entering into this Agreement, and/or by using or accessing the Tutr Platform you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE TUTR PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE TUTR PLATFORM.
The Tutr Platform provides an online community where university students (“Students”) who need help with courses can find peers, alumni or members of the faculty (“Teachers”) who are offering online paid classes (“Classes”) for these courses. The Tutr Platform provides an online classroom with a video chat and virtual whiteboard, which, the Teachers can use to conduct Classes for Students.
Students and Teachers are collectively referred to herein as “Users”, and the teaching service provided by Teachers to Students shall be referred to herein as “Tutoring Services”. As a User, you authorize Tutr to suggest you Teachers based on factors such as the university you attend, the course you need help with, and the dates you need help during. Any decision by a User to accept or offer Tutoring Services is a decision made in such User’s sole discretion. Each Tutoring Service provided by a Teacher to a Student shall constitute a separate agreement between such persons.
Tutr reserves the right to modify the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Tutr reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Tutr Platform or Tutoring Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
The Tutr Platform may only be used by individuals who have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein. The Tutr Platform is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. To use the Tutr Platform, each User shall create a User account. Each person may only create one User account, and Tutr reserves the right to deactivate any additional or duplicate accounts.
The Tutr Platform is not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your jurisdiction of residence), you represent that you have your parent or guardian’s permission to use the Tutr Platform. Please have them read this Agreement with you.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE TUTR PLATFORM, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM OR PROHIBITED FROM USING THE TUTR PLATFORM.
a. How pricing works
As a User, by using the Tutr Platfom or Tutoring Services, you acknowledge that you understand the types of fees in accordance to How pricing works, which shall form a part of this Agreement between you and Tutr.
b. Student Payments
As a Student, you understand that request or use of Tutoring Services may result in applicable fees to you (“Class Fee”) that you agree to pay. Class Fee includes the taxes as set forth in your jurisdiction.
Tutr has the authority and reserves the right to determine and modify pricing by quoting you a price for a specific class at the time you make a booking request. You are responsible for reviewing the price quote within the Tutr app and shall be responsible for all Class Fee incurred under your User account regardless of your awareness of such fees or the amounts thereof.
c. Teacher Payments
If you are a Teacher, the fee to be paid out to you for each class ("Teacher Fee") will be accumulated for each month, and the payout will be processed at the 5th day of the following month.
Facilitation of Payments. Payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement (available at https://stripe.com/us/connect-account/legal), which includes the Stripe Services Agreement (available at https://stripe.com/us/legal) (collectively, the "Stripe Terms"). By using the Tutr Platform, you agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of Tutr enabling payment processing services through Stripe, you authorize Tutr to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate your payments associated to your use of the Tutr Platform and Tutoring Services. You further agree to provide accurate and complete information about you, and authorize Tutr to share it and transaction information with Stripe for the purposes of facilitating of the payment processing services provided by Stripe. Payments made through any other channels in relation to the use of the Tutr Platform and Tutoring Services are strictly prohibited. Tutr reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion.
No Refunds. All Class Fees are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Tutr Platform, any disruption to the Tutr Platform or Tutoring Services, or any other reason whatsoever. Tutr reserves the right to issue refunds where it deems appropriate.
Coupons. You may receive coupons that you can apply toward payment of certain Class Fees when making a request to book a Class. Coupons are only valid for use on the Tutr Platform, and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined, and if the Class Fee exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding Class Fees.
By entering into this Agreement or using the Tutr Platform, you agree to receive communications from us, including via e-mail, and push notifications. Communications from Tutr, its affiliated companies and/or Users, may include but are not limited to: operational communications concerning your User account or use of the Tutr Platform or Tutoring Services, updates concerning new and existing features on the Tutr Platform, communications concerning promotions run by us or our third-party partners, and news concerning Tutr and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
The Tutr Platfrom allows Users to distribute and share content by adding profile information, and via Tutoring Services, such as via video chat, virtual whiteboard, chat messages, email, booking forms, and to participate in other activities in which you may create, transmit or store content, video, sound, messages, text, images, files, applications, code or other data or materials (“User Content”).
a. License to Tutr
Unless otherwise agreed to in a written agreement between you and Tutr that was signed by an authorized representative of Tutr, if you submit, transmit, create or store User Content using the Tutr Platform, you grant Tutr and its sublicensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to use, reproduce, modify, adapt, publish, translate, use the likeness of, create derivative works from, distribute and display such User Content in any form, format, media or media channels now known or later developed or discovered;
b. User Content Representations and Warranties
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent, and warrant that: (1) you are the creator and owner of the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code. Tutr reserves all rights and remedies against any users who breach these representations and warranties.
c. Content is uploaded at your own risk
Tutr uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Tutr does not guarantee that any unauthorized copying, use or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Tutr shall not be liable for any unauthorized copying, use or distribution of User Content by third parties and release and forever waive any claims you may have against Tutr for any such unauthorized copying or usage of the User Content, under any theory.
THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY TUTR HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
d. Class Recordings
Classes conducted using the Tutr Platform are automatically recorded by Tutr (“Class Recordings”). This includes content of the video chat and the virtual whiteboard. Tutr may use the Class Recordings for a number of reasons, including, but not limited to: reviewing the behaviour of Users participating in a Class; reviewing the content presented in a Class; and to build new features for the Tutr Platform.
Tutr takes Student and Teacher privacy very seriously and will never share Class Recordings of a Class with Users who were not participating in a that particular Class.
All video chats, and its recordings on the Tutr Platform are currently facilitated using Daily.co. Tutr may replace its third-party video chat provider without notice to you.
With respect to your use of the Tutr Platform and your participation in the Tutoring Services, you agree that you will not:
All intellectual property rights in the Tutr Platform, including Tutr logos, designs, graphics, icons, scripts and service names (collectively, the “Tutr Marks”) shall be owned by Tutr absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Tutr Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Tutr. Tutr shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Violation of any provision of this License may result in immediate termination of the License, in Tutr’s sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the Tutr Marks (in violation of this Agreement or otherwise), you agree that upon their creation Tutr exclusively owns all right, title and interest in and to such materials, including any modifications to the Tutr Marks or derivative works based on the Tutr Marks or Tutr copyrights. You further agree to assign any interest or right you may have in such materials to Tutr, and to provide information and execute any documents as reasonably requested by Tutr to enable Tutr to formalize such assignment.
You will defend, indemnify, and hold Tutr including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Tutr Platform and participation in the Tutoring Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Students, Teachers, other peers, alumni or members of the faculty, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Tutr Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (4) any other activities in connection with the Tutoring Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
IN NO EVENT WILL TUTR, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “TUTR” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE TUTR PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE TUTR PLATFORM, THE TUTORING SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TUTR PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TUTORING SERVICES, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT TUTR HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TUTORING SERVICES, OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Tutr; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement.
In addition, Tutr may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Tutoring Services; (2) you fall below Tutr’s rating or cancellation threshold; (3) Tutr has the good faith belief that such action is necessary to protect the safety of the Tutr community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Tutr’s reasonable satisfaction prior to Tutr permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Tutr’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7, 8, 9, 10, 11, 12 shall survive any termination or expiration of this Agreement.