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Terms

OVERVIEW

These Terms of Use (“TOU”) contain the terms under which My Tutor Inc. provides their products and services (“Services”) to you and describe how the Services may be accessed and used. If you do not agree with any of these Terms, please do not use the My Tutor Services.
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.

Under GDPR, My Tutor operates as a Data Processor, and fulfills all obligations of that role. This Terms of Use document serves as a contract describing the relationship between My Tutor as a Processor and Data Controllers and associated services in order to collect the data of European Residents. Data Controllers acknowledge and agree to serve as Representatives competent to respond to European Data Authorities and data subjects for inquiries related to GDPR.

Questions? For questions regarding this Terms of Use, or to obtain a copy of this document, contact My Tutor a customercare@mytutor.app

Further information about My Tutor policies regarding personal information is available in the Privacy Policy.

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.

2.5 Account deletion. Once we receive your request for your My Tutor account deletion, we will deactivate your account and delete all your information barring the minimal information required to execute any reimbursement for unused sessions. Any refund for unused sessions will be subject to a 5% administrative fee on the My Tutor platform.

3. INFORMATION FOR CREDENTIALS AND REQUIREMENTS

3.1 Tutor’s required qualifications

  • We look to enroll only licensed teachers with active license to US/Canada/Europe
  • Must be 18 years of age or older to be a tutor (Exceptions: Masters Subjects for example: Spanish/Math/Science and ex.
  • Provide curriculum before enrolling as a potential applicant for the “ICFC Tutor” Position that covers each subject to streamline the process.

3.2 Account Management

You can:

  • Update your account details. You can update your registration and other account information on your Profile page. Information is updated immediately.
  • Students can cancel their subscriptions anytime they wish to but cannot get refund for the current subscription
  • Unused sessions will be carry forwarded and if not used after 6 months of account expiration, the credits will be done
  • Users may also contact My Tutor directly with specific request to customercare@mytutor.app

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:

  • You may not misuse our Services by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions that we provide.
  • You may not circumvent or attempt to circumvent any limitations that My Tutor imposes on your account (such as account closure for a Terms violation).
  • Unless authorized by My Tutor in writing, you may not probe, scan, or test the vulnerability of any My Tutor system or network.
  • Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.
  • You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
  • You may not engage in abusive or excessive usage of the Services, which is usage significantly more than average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. My Tutor will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to My Tutor.
  • You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
  • Unless authorized by My Tutor in writing, you may not resell or lease the Services.

3.4 What information does My Tutor collect?

Information we collect directly from you:

  • Registration information. You need a My Tutor account before you can create teach or learn. When you register for an account, we collect your mailing address if you are a tutor so that we can pay you and we encourage student to pay the subscription fees by using online money transfer platforms accepted within the app.
  • Other data you intentionally share. We may collect your personal information or data if you submit it to us in other contexts. For example, if you provide us with a testimonial, or participate in a My Tutor contest.
  • We safeguard your respondents’ email addresses. Rest assured; My Tutor will not email your respondents except at your direction. We do not sell those email addresses to any third parties.

Information we collect about you from other sources:

  • Usage data. We collect usage data about you whenever you interact with our services. Like most websites today, our web servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of each access, including originating IP addresses.
  • Device data. We collect data from the device and application you use to access our services, such as your IP address and browser type. We may also infer your geographic location based on your IP address.
  • Referral data. If you arrive at a My Tutor website from an external source (such as a link on another website or in an email), we record information about the source that referred you to us.
  • Information from page tags. We may use third party tracking services that employ cookies and page tags (also known as web beacons) to collect aggregated and anonymized data about visitors to our websites. This data includes usage and user statistics.

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.

  • This includes providing you with customer support, which requires us to access your information to assist you
  • To manage our services. We internally use your information, for the following limited purposes:
    • To monitor and improve our services and features. We internally perform statistical and other analysis on information we collect (including usage data, device data, referral data, and information from page tags) to analyze and measure user behavior and trends, to understand how people use our services, and to monitor, troubleshoot and improve our services. However, we do not use the non-public content for these purposes.
    • To assist the enforcement of our Terms of Use.
    • To prevent potentially illegal activities.
    • To screen for undesirable or abusive activity. For example, we have automated systems that screen content for phishing activities, spam, and fraud.
  • To create new services, features or content (public data and metadata only). We may collect data to create and provide new services, features or content. When we do this, neither individual Therapy creators nor Therapy respondents will be identified or identifiable unless we have obtained their permission.
  • To contact you about your service or account. We may occasionally send you communications of a transactional nature (e.g. service-related announcements, billing-related matters, changes to our services or policies, a welcome email when you first register). You cannot opt out of these communications since they are required to provide our services to you.
  • To contact you for marketing purposes.
  • To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

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:

  1. Your information to our service providers. We use service providers who help us to provide you with our services. We give relevant persons working for some of these providers access to your information, but only to the extent necessary for them to perform their services for us. We also implement reasonable contractual and technical protections to ensure the confidentiality of your personal information and data is maintained, used only for the provision of their services to us. Examples of service providers include payment processors, email service providers, and web traffic analytics tools.
  2. Your account details to your billing contact. If your details (as the account holder) are different to the billing contact listed for your account, we may disclose your identity and account details to the billing contact upon their request (we also will usually attempt to notify you of such requests). By using our services and agreeing to this Terms of Use, you consent to this disclosure.
  3. Aggregated information to third parties to improve or promote our services. No individuals can be identified or linked to any part of the information we share with third parties to improve or promote our services.
  4. Your information if required or permitted by law. We may disclose your information as required or permitted by law, or when we believe that disclosure is necessary to protect our rights, and/or to comply with a judicial proceeding, court order, subpoena, or other legal process served on us.
  5. Your information if there is a change in business ownership or structure. If ownership of all or substantially all of our business changes, or we undertake a Inc.orate reorganization (including a merger or consolidation) or any other action or transfer between My Tutor entities, you expressly consent to My Tutor transferring your information to the new owner or successor entity so that we can continue providing our services.
  6. Information you expressly consent to be shared. For example, we may expressly request your permission to provide your contact details to third parties for various purposes, including to allow those third parties to contact you for marketing purposes.

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

  • We collect and store the responses that you submit.
  • Remember, you can always choose not to provide an answer to any given question (especially those requesting your personal information or data). However, sometimes this will prevent you from completing a task if the requirement has that question as requiring an answer.

4.2 Information we collect about you from other sources

  • Usage data. We collect usage data about you whenever you interact with our services. Like most websites today, our web servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of each access and error logs to assist in servicing our applications. My Tutor does not gather originating IP addresses from the mobile device.
  • Device data. We collect data from the device and application you use to access our services, such as device type and app version. We may also gather your geographic location if you opt in when you download the mobile application.
  • Referral data. If you arrive at a My Tutor website from an external source (such as a link on another website or in an email), we record information about the source that referred you to us.
  • Information from third parties. We may collect your personal information or data from third parties if you give permission to those third parties to share your information with us.
  • Information from page tags. We may use third party tracking services that employ cookies and page tags (also known as web beacons) to collect aggregated and anonymized data about visitors to our websites. This data includes usage and user statistics.

4.3 What are my rights to my personal data?

  • The mobile app users / data respondents may delete/uninstall app and the associated data set from their mobile devices at any time. This removes any data from the mobile device which the My Tutor has collected. This will not delete data from My Tutor servers.
  • To delete personal data from My Tutor servers, please contact the customercare@mytutor.app
  • Mobile app users / data respondents should also contact customercare@mytutor.app to make a request to access, update, or delete any personal data.
  • For questions about your personal information, contact customercare@mytutor.app

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.

5.1 Cookies. We use cookies on our websites. Cookies are small bits of data we store on the device you use to access our services so we can recognize repeat users. Each cookie expires after a certain period, depending on what we use it for. We use cookies for several reasons:

  • To make our site easier to use. If you use the “Remember me” feature when you sign into your account, we may store your username in a cookie to make it quicker for you to sign in whenever you return to My Tutor.
  • For security reasons. We use cookies to authenticate your identity, such as confirming whether you are currently logged into My Tutor.
  • To provide you with personalized content. We may store user preferences in cookies to personalize the content you see.
  • To improve our services. We use cookies to measure your usage of our websites and track referral data, as well as to occasionally display different versions of content to you. This information helps us to develop and improve our services and optimize the content we display to users.

We do not believe cookies are disturbing, but you can still choose to remove or disable cookies via your browser. Refer to your web browser’s configuration documentation to learn how to do this. Please note that doing this may adversely impact your ability to use our services. Enabling cookies ensures a smoother experience when using our websites. By using our websites and agreeing to this Terms of Use, you expressly consent to the use of cookies.

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 customercare@mytutor.app. 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 customercare@mytutor.app.

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:

  • Contracting Entity. References to “My Tutor”, “we”, “us”, and “our” are references to My Tutor Inc.

6.3 Other Terms

  • Assignment. You may not assign these Terms without My Tutor’s prior written consent, which may be withheld in My Tutor’s sole discretion. My Tutor may assign these Terms at any time without notice to you.
  • Entire Agreement. These Terms (including the Additional Terms) constitute the entire agreement between you and My Tutor, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.
  • Independent Contractors. The relationship between you and My Tutor is that of independent contractors, and not legal partners, employees, or agents of each other.
  • Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
  • No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
  • Precedence. To the extent any conflict exists, the Additional Terms prevail over this TOU with respect to the Services to which the Additional Terms apply.
  • Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed, and the remainder of terms will remain in full effect.
  • Third Party Beneficiaries. There are no third-party beneficiaries to these Terms.

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