Depending on which Services you use, additional terms and policies (including rules, guidelines and other similarly named documents) presented with those Services may apply (“Additional Terms”). Those Additional Terms become a part of your agreement with us if you use those Services. We refer to the combination of this TOU and any applicable Additional Terms collectively as these “Terms”.
You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, or by using the Services. If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.
My Tutor also complies with requirements of the General Data Privacy Regulation (GDPR), which covers organizations that process the data of residents of the European Union. Further, as a U.S-based organization, My Tutor participates in the U.S.-EU and U.S.-Swiss Privacy Shield Networks.
2. FEES AND PAYMENTS
2.1. Fees for Services. You agree to pay to My Tutor any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
2.2. Subscriptions. Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. You may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
2.3. Taxes. Unless otherwise stated, you are responsible for any taxes (other than My Tutor’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay My Tutor for the Services without any reduction for Taxes.
2.4. Price Changes. My Tutor may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. My Tutor will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
3. INFORMATION FOR CREDENTIALS AND REQUIREMENTS
3.1 Tutor’s required qualifications
3.2 Account Management
You are responsible for your password and any other credentials used to access that account. You, and not My Tutor, are responsible for any activity occurring in your account (other than activity that My Tutor is directly responsible for which is not performed in accordance with the Customer’s instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify My Tutor immediately. Accounts may not be shared and may only be used by one individual per account.
Keep Your Details Accurate. My Tutor occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.
Account Inactivity. My Tutor may terminate session validity if those are unused for over 6 months.
3.3 User Requirements
You must use the Services in compliance with, and only as permitted by, applicable law.
If you are an individual, you may only use the Service if you have the power to form a contract with My Tutor. We recommend that parents and guardians directly supervise any use of the Services by minors. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation and that you have duly authorized your agent to bind you to these Terms.
You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:
3.4 What information does My Tutor collect?
Information we collect directly from you:
Information we collect about you from other sources:
3.5 How does My Tutor use the information we collect?
Generally, we use the information we collect from you in connection with providing our services to you and, on your behalf, to your respondents.
3.7 With whom do we share or disclose your information?
We recognize that you have entrusted us with safeguarding the privacy of your information. Because that trust is very important to us, the only time we will disclose or share your personal information with a third party is when we have done one of three things, in accordance with applicable law: (a) given you notice, (b) obtained your express consent, such as through an opt-in checkbox; or (c) anonymized the information so that individuals cannot be identified by it. Where required by law, we will obtain your express consent prior to disclosing or sharing any personal information.
We may disclose:
4. INFORMATION FOR MOBILE APP USERS/RESPONDENTS
When you respond to My Tutor, we collect, on behalf and upon instructions, information relating to you and your use of our services from a variety of sources. These are listed below.
4.1 Information we collect directly from you
4.2 Information we collect about you from other sources
4.3 What are my rights to my personal data?
5. SECURITY INFORMATION FOR ALL USERS
We are committed to handling your personal information and data with integrity and care. However, regardless of the security protections and precautions we undertake, there is always a risk that your personal data may be viewed and used by unauthorized third parties as a result of collecting and transmitting data through the internet.
5.2 Blogs and Forums. Our website may offer publicly accessible blogs and community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. We are not responsible for any personal information you choose to submit in these areas of our site. To request removal of your personal information from our blog or community forum, contact us at firstname.lastname@example.org. In some cases, we may not be able to fulfill your request and we will let you know why.
5.3 Online Tracking. We currently do not process or comply with any web browser’s “do not track” signal or other similar mechanism that indicates a request to disable online tracking of individual users who visit our websites or use our services (unless otherwise stated in a service-specific privacy statement).
5.4 Social Media Features. Our websites may include social media features or widgets, such as the Facebook Like button. Use of these features may allow them to collect your IP address, detect which page you are visiting on our site, and set a cookie to enable the feature to function properly. Your interactions with these features are governed by the policies of the third party providing it.
5.5 Safety of Minors and COPPA. Our services are not intended for and may not be used by minors. “Minors” are individuals under the age of majority in their place of residence (or under 13 in the United States). My Tutor does not knowingly collect personal data from minors or allow them to register. If it comes to our attention that we have collected personal data from a minor, we may delete this information without notice. If you have reason to believe that this has occurred, please contact us at email@example.com.
5.6 Geolocation information: My Tutor mobile applications collect geolocation information. You will have the option of allowing or disallowing this information to be collected along with your responses. This information can be valuable for understanding by people engaged with providing your services that benefit you.
5.7 Unique device IDs: My Tutor mobile applications do not collect your mobile device’s unique identification number.
6. OTHER INFORMATION FOR ALL USERS
My Tutor may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. Any changes will be posted to the location at which those terms appear. My Tutor may also provide notification of changes on its blog or via email. Changes will be effective no sooner than the day they are publicly posted. For certain changes to become effective, applicable law may require My Tutor to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
My Tutor constantly changes and improves the Services. My Tutor may add, alter, or remove functionality from a Service at any time without prior notice. My Tutor may also limit, suspend, or discontinue a Service at its discretion. My Tutor may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.
6.1 Disclaimers and Limitations of Liability
While it is in My Tutor’ss interest to provide you with a great experience when using the Services, there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND MY TUTOR DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MY TUTOR, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF MY TUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF MY TUTOR, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO MY TUTOR FOR USE OF THE SERVICES AT ISSUE DURING THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US$25.00.
Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
Businesses. If you are a business, you will indemnify and hold harmless My Tutor and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your use of the Services or a breach of these Terms, to the extent that such liabilities, damages and costs were caused by you.
6.2 Contracting Entity
Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with, My Tutor Inc.
For any Service provided by My Tutor Inc., the following provisions will apply to any terms governing that Service:
6.3 Other Terms