iTutor.com Terms of Service
Welcome to iTutor.com! These Terms of Service ("Terms") govern your access to and use of our platform ("iTutor.com"), which connects parents, students, and tutors for online tutoring sessions. By accessing or using iTutor.com, you agree to be bound by these Terms.
1. Acceptance of Terms
By using iTutor.com, you ("User" refers to parents, students, and tutors) agree to these Terms, our Privacy Policy, and any additional terms and conditions that are referenced herein. If you do not agree, do not use iTutor.com.
2. iTutor.com Role and Liability
iTutor.com is a marketplace platform that facilitates connections between parents, students, and tutors. We do not employ tutors, and we are not responsible for the conduct, actions, or performance of any tutors or users.
All tutoring sessions, communications, and interactions conducted through iTutor.com are solely between the users involved. iTutor.com is not liable for any disputes, claims, damages, or injuries that may arise from interactions between users, including but not limited to claims involving minors.
Users agree to hold iTutor.com harmless from any liability arising from interactions, disputes, or claims among parents, students, and tutors.
3. User Responsibilities
Users (parents, students, and tutors) are responsible for providing accurate and truthful information when registering and using the platform. Tutors are solely responsible for the representations they make about their qualifications, experience, and availability. iTutor.com is not responsible for verifying the accuracy of any representations made by users.
Users agree to behave respectfully and professionally while using the platform. Any inappropriate behavior may result in suspension or termination of access to the platform.
4. Data Collection and Use
iTutor.com reserves the right to collect, store, and use any data, recordings, or messages exchanged through the platform, including but not limited to tutoring sessions and communications between users. By using iTutor.com, you agree that all such data is proprietary to iTutor.com and may be used for purposes such as, but not limited to, improving the platform, training machine learning models, and for analytical purposes.
iTutor.com will comply with all applicable laws regarding the collection and storage of data, including any requirements related to data protection and privacy.
5. Non-Circumvention
By using iTutor.com, you agree that any introduction made between tutors, students, or parents via the platform is exclusive to iTutor.com. You may not circumvent iTutor.com by engaging in any direct or off-platform business relationship with other users for tutoring services, without compensating iTutor.com.
If a user (tutor, parent, or student) engages in tutoring sessions or business arrangements outside of the platform after being introduced through iTutor.com, that user will be subject to immediate suspension or termination from the platform and may owe iTutor.com 100% of the fees generated from such arrangements.
6. Tutor Status: Independent Contractors
Tutors acknowledge that they are independent contractors and not employees, agents, or representatives of iTutor.com. Tutors are solely responsible for their own taxes, insurance, and compliance with applicable laws related to providing tutoring services.
Nothing in these Terms should be construed as creating an employment, agency, joint venture, or partnership relationship between iTutor.com and any tutor.
7. Tutor Liability
Tutors agree that they are solely responsible for the accuracy of the information they provide on their profiles, including but not limited to their qualifications, experience, and identity. Tutors must ensure that they hold all necessary certifications, licenses, and qualifications to provide the tutoring services they advertise.
iTutor.com is not liable for any false or misleading information provided by tutors, nor for any outcomes or performance associated with tutoring sessions.
8. Fees and Payment
All payments between users (parents, students, and tutors) must be processed through iTutor.com. Any attempt to bypass the platform’s payment system will result in termination and the penalties described in the Non-Circumvention clause.
iTutor.com charges a fee for each transaction processed on the platform, as outlined in our fee schedule. Users are responsible for ensuring that all payments are made in a timely manner.
9. Termination
iTutor.com reserves the right to suspend or terminate a user’s account for any reason, including but not limited to violation of these Terms, non-payment, or inappropriate behavior. Upon termination, users will no longer have access to the platform, and any outstanding fees will remain due and payable.
10. Termination for Breach of Terms
iTutor.com reserves the right to terminate, suspend, or restrict any user’s account and access to the platform, at its sole discretion, for any breach of these Terms or any misuse of the platform, without prior notice. Users acknowledge and agree that iTutor.com is not liable for any damages arising from such termination.
11. Refund Policy
All payments made through iTutor.com are non-refundable unless otherwise specified in the applicable service agreement or fee schedule. Users who are terminated for violations of these Terms will not be entitled to any refunds for amounts paid or services rendered.
12. Dispute Resolution and Arbitration
Any disputes, claims, or controversies arising out of or related to your use of iTutor.com or these Terms shall be resolved exclusively through binding arbitration rather than in court. By using iTutor.com, you agree to waive your right to pursue any legal claims in court, including any right to a trial by jury or to participate in a class action lawsuit.
Arbitration will be conducted by a mutually agreed-upon arbitration service, and the arbitration shall be held in Texas or conducted remotely if agreed upon by both parties. The decision of the arbitrator will be binding, and judgment on the arbitration award may be entered in any court with competent jurisdiction.
Any claim arising out of or related to these Terms must be brought within one (1) year after the event giving rise to the claim, or the claim will be permanently barred.
13. Limitation of Liability
To the maximum extent permitted by law, iTutor.com shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) your use of or inability to use the platform; (ii) any conduct or content of any user or third party on the platform; or (iii) unauthorized access, use, or alteration of your transmissions or content.
14. Indemnification
Users agree to indemnify, defend, and hold harmless iTutor.com, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, expenses, or costs (including attorney's fees) arising from or related to: (i) the user's use of the platform, (ii) the user's violation of these Terms, (iii) the user's violation of any rights of another person or entity, or (iv) the user's breach of any representation, warranty, or agreement made hereunder.
15. No Guarantee of Results
iTutor.com does not guarantee any specific outcomes or results from tutoring sessions. Educational outcomes vary by student and depend on various factors, including the student’s participation, engagement, and individual abilities. The platform merely facilitates connections between tutors and students, and as such, is not responsible for any claims regarding the effectiveness of the tutoring provided.
16. Disclaimer of Warranties
iTutor.com is provided on an "as-is" and "as-available" basis. iTutor.com makes no representations or warranties of any kind, express or implied, as to the operation of the platform or the information, content, materials, or products available on iTutor.com. To the fullest extent permissible by applicable law, iTutor.com disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. iTutor.com does not warrant that the platform, its servers, or emails sent from iTutor.com are free of viruses or other harmful components.
17. Age Restrictions
iTutor.com is available for use by students under the age of 18, provided that their parent or legal guardian has consented to their use of the platform. By registering a minor for iTutor.com, the parent or legal guardian assumes full responsibility for the minor’s use of the platform and agrees to supervise any interactions or tutoring sessions that take place. iTutor.com is not responsible for any interactions between minors and other users that occur outside of the platform.
18. Third-Party Services
iTutor.com may integrate or link to third-party services, including but not limited to payment processors or communication platforms. Users acknowledge that iTutor.com is not responsible for the operation, security, or functionality of these third-party services. Any disputes or issues related to third-party services must be addressed directly with those providers.
19. Right to Investigate
iTutor.com reserves the right to investigate any activity on the platform that it deems suspicious, unlawful, or in violation of these Terms. This includes but is not limited to monitoring user communications, reviewing transaction history, and conducting inquiries into user conduct. iTutor.com may take appropriate action, including terminating or suspending accounts, based on the findings of such investigations.
20. Prohibited Uses
Users agree not to use iTutor.com for any unlawful or prohibited activities, including but not limited to:
- Harassment, abuse, or harm of any other user, including minors.
- Using the platform to promote illegal activities or distribute harmful, obscene, or malicious content.
- Misrepresenting your identity, qualifications, or affiliations.
- Engaging in any fraudulent activity, such as claiming false credentials or creating fake accounts.
- Attempting to gain unauthorized access to iTutor.com’s systems or another user’s account.
- Reverse engineering, scraping, or attempting to extract the source code, data, or algorithms from iTutor.com for any unauthorized use or for developing a competing service.
Violations of these prohibitions may result in account suspension or termination and may be subject to legal action.
21. Privacy and Data Security
iTutor.com implements reasonable security measures to protect user data, including personal and payment information. However, users acknowledge that no system is completely secure, and iTutor.com is not responsible for unauthorized access to or disclosure of user data resulting from unforeseen circumstances, including but not limited to hacking, data breaches, or technical failures. Users agree to notify iTutor.com immediately of any suspected security breach.
Please refer to our [Privacy Policy] for more details on how we collect, use, and protect user data.
22. User-Generated Content License
By uploading, submitting, or sharing any content on iTutor.com (including but not limited to text, images, video, and audio), users grant iTutor.com a worldwide, non-exclusive, royalty-free, irrevocable license to use, modify, distribute, display, and reproduce such content for the purposes of operating and improving the platform. Users represent and warrant that they have all necessary rights to grant this license and that their content does not violate any intellectual property or privacy rights of third parties.
23. Cookies and Tracking Technologies
iTutor.com uses cookies and similar tracking technologies to enhance the user experience, gather usage data, and improve the platform’s performance. By using iTutor.com, users agree to our use of these technologies in accordance with our Privacy Policy.
24. COPPA Compliance
iTutor.com complies with the Children’s Online Privacy Protection Act (COPPA) and other applicable laws regarding the privacy of minors online. iTutor.com does not knowingly collect personal information from children under the age of 13 without verifiable parental consent. Parents or guardians are responsible for monitoring and approving the use of the platform by children under their supervision.
25. Intellectual Property Rights
All content, materials, and intellectual property on iTutor.com, including but not limited to the platform’s design, logo, software, and proprietary information, are the sole property of iTutor.com or its licensors. Users do not acquire any ownership or rights to such intellectual property by using the platform. Any unauthorized use, reproduction, distribution, or modification of iTutor.com’s intellectual property is strictly prohibited and may result in legal action.
26. Prohibition on Scraping and Data Usage for Competitive Purposes
Users are strictly prohibited from using any automated systems, bots, crawlers, or scraping tools to extract data from iTutor.com for any purpose. Additionally, users may not use any information or data obtained from iTutor.com, including but not limited to tutor profiles, user communications, or session information, to create or enhance any competitive platform or service. Violation of this clause may result in immediate termination of access to iTutor.com, legal action, and claims for damages.
27. Force Majeure
iTutor.com shall not be liable for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, war, terrorism, strikes, or technical failures ("Force Majeure"). In the event of a Force Majeure, iTutor.com’s obligations shall be suspended for the duration of the event, and the platform will make reasonable efforts to resume service as soon as possible.
28. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the extent necessary to make it enforceable, reflecting the original intent of the parties as closely as possible.
29. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Texas, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Texas.
30. Modifications to Terms
iTutor.com reserves the right to modify these Terms at any time. Users will be notified of any significant changes, and continued use of the platform after such modifications constitutes acceptance of the new terms.
