These Terms of Service (the "Terms") govern your relationship with Tutor Agent LLC, a Washington limited liability company ("Tutor Agent", "we", "our", or "us"), which owns and operates the Code Tutor platform and related online services (collectively, the "Platform"). By accessing or using the Platform or any of our AI-powered tutoring services (collectively, the "Services"), you agree to these Terms.
1. Content
No content or recommendations made available or generated through the Services ("Content") may be reproduced, transferred, sold, licensed, published, publicly displayed, linked, broadcast, or distributed to any third party, unless otherwise expressly permitted in these Terms, in writing by us, or by the tools made available in the Services.
All Content is intended for informational and educational purposes only. While the Content is believed by us to be honest and accurate, we and any of our third-party providers of Content are not experts and we do not guarantee the accuracy, completeness, usefulness, appropriateness, or timeliness of the Content provided through the Services.
We and our third-party providers, affiliates, agents, and licensors will not be liable for any decisions made by you based on the Content and/or the Services. Any reliance on the Content is at your own risk, and you assume any and all risks associated with your decisions based on the Content.
2. Copyright and Trademarks
Tutor Agent respects copyright and other proprietary laws and expects you to do the same. We reserve the right to terminate your access to the Services if you repeatedly infringe or are reasonably believed to have been repeatedly infringing the rights of copyright or other proprietary rights holders by way of the Services.
You acknowledge and agree that the Services and Content are protected by copyright laws, trademark laws, and other laws. The Services and Content, including all associated proprietary rights, are the exclusive property of Tutor Agent and our licensors.
3. Inputs, Outputs, and Ownership
You may enter, upload, or submit certain text or other media to the Services (the "Inputs"). You represent that you own or have secured all legal rights, consents, and permissions necessary for the Inputs submitted by you to be used by you, Tutor Agent, and others as described in these Terms.
Tutor Agent will retain ownership over its intellectual property, including all rights, title, and interest in and to the Services, any artificial intelligence learning and improvement that occurs within the Services as a result of the use of Inputs, and the responses to your Inputs generated by our Services (the "Outputs").
When you use our Services you understand and agree:
- Outputs and Content may not always be accurate. You should not rely on Outputs and Content from our Services as a sole source of truth or factual information.
- You must evaluate Outputs and Content for accuracy and appropriateness for your uses before using Outputs from the Services.
- Our Services may provide incomplete, incorrect, or offensive Outputs and Content that do not represent Tutor Agent's views.
4. Prohibitions
In connection with your use of the Services, you agree not to:
- Use, display, mirror, or frame the Services or any individual element within the Services
- Access, tamper with, or use non-public areas of the Services
- Attempt to probe, scan, or test the vulnerability of any of our systems or networks
- Breach any security or authentication measures
- Automatically or programmatically extract data or Outputs
- Represent that Outputs were human-generated when they were not
- Use Outputs to develop models that compete with Tutor Agent
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation
- Interfere with or attempt to interfere with the access of any user, host, or network
- Impersonate or misrepresent your affiliation with any person or entity
- Encourage or enable any other individual to do any of the foregoing
5. Enforcement
We do not have an obligation to monitor your or others' access or use of the Services, but we retain the right to do so for the purpose of operating the Services and ensuring compliance with these Terms as well as the law. At any time and without prior notice, we reserve the right to disable your access if we find a violation of these Terms or the law.
Any violation of the Terms or the Privacy Policy may result in restrictions on your access to all or part of the Services and may be referred to law enforcement authorities.
6. Payments for Products and Services
Payment Options
Most purchases of services through the Services ("Purchases") will occur electronically online and will require a valid, accepted credit card or other payment method that we or our third-party payment providers elect to accept as payment. You authorize us, or our designated third-party payment provider (Stripe), to charge the credit card or other accepted payment method you designate in the amount specified in connection with the transaction.
Certain subscription-based Services may subject you to recurring fees and/or terms. By signing up for any subscription-based Services, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes on a recurring basis until you cancel your subscription.
Cancellations and Refunds
We offer a 30-day money back guarantee for subscription services. If you are not satisfied with your subscription, you may request a full refund within 30 days of your initial purchase. After 30 days, all purchases are final and non-refundable, except as required by applicable law.
You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period, and you will continue to have access to the Services until that time.
For credit purchases, all sales are final and non-refundable. Credits do not expire and can be used at any time.
Disputes and Chargebacks
If you have a billing dispute, please contact us at [email protected] before initiating a chargeback. We will work with you to resolve the issue promptly. Initiating a chargeback may result in immediate suspension of your account.
Currency and Taxes
Unless otherwise stated, all fees and charges are quoted and must be paid in U.S. Dollars. Your Purchases may be subject to applicable sales tax, use tax, value added tax, or other similar taxes, which we will collect and remit to the applicable tax authorities.
7. Third-Party Links and Partners
The Services may include links to or utilize the services of third-party websites, resources, resellers, affiliate marketers, and business partners. Because we do not have control over such Third-Party Partners, we do not make any representations about any Third-Party Partners. You acknowledge and agree that we are not responsible for the availability of the external websites, resources, or services of such Third-Party Partners.
8. Communications from Us
You consent to accept and receive communications from us, including e-mail, text messages, calls, and/or push notifications, if you provide your email and/or phone number to us. Such communications may include requests for secondary authentication, receipts, reminders, notifications regarding updates to your account, and marketing or promotional communications.
You may opt out of receiving promotional email communications by following the unsubscribe options on such emails. You acknowledge that opting out of receiving communications may impact your use of the Services.
9. Disclaimer
THE SERVICES AND CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, ERROR-FREE BASIS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TUTOR AGENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICES.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
11. Indemnification
You agree to defend, indemnify, and hold Tutor Agent and its managers, officers, directors, employees, and agents harmless from and against any claims arising out of or in any way connected with:
- Your access to or use of the Services or Content
- Your violation of these Terms
- Your infringement of any third-party intellectual property rights
12. Eligibility and Account Verification
By accessing or using the Services, you represent and warrant that you are at least 18 years of age. If you are under 18, you may not access or use the Services. Additionally, you agree to provide accurate and complete information about yourself during the registration process and to update such information as necessary.
13. General Provisions
The Terms and the Privacy Policy constitute the entire and exclusive understanding and agreement between us and you regarding the Services. If any provision of the Terms is found by a court to be invalid or unenforceable, the remainder shall remain in full force and effect.
You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms at our sole discretion without restriction and notice to you.
14. Disputes and Claims
Any disputes arising from or related to your access to and/or use of the Services shall be settled first by good faith efforts to resolve the matter through discussion. If those efforts fail, then the dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Seattle, Washington.
15. Controlling Law
These Terms will be governed and interpreted by the laws of the State of Washington, without regard to its conflict of laws provisions.
16. Privacy
For information concerning our collection and use of your personal information, please review our Privacy Policy.
17. Contact Information
For questions regarding these Terms, please contact us at:
Email: [email protected]
Privacy Inquiries: [email protected]
We may modify these Terms at any time. Such modifications are effective upon posting to the Services, and your continued use constitutes acceptance of the Terms in effect at that time.