Tutorac Terms and Conditions

Electronic Acceptance/Clickwrap:

You agree that by clicking a simple button to accept the Agreement you agree to all the terms and conditions. You understand that under the U.S. federal Electronic Signatures in Global and National Commerce Act (“ESIGN”), clickwrap agreements, such as this Agreement that simply requires you to click a box to accept its terms, holds the same status as “wet ink” signatures. The signing of this Agreement by clicking the box, signifies your acceptance of the terms and conditions as specified herein. It also signifies that you are over eighteen (18) years of age and have the authority to enter into such this Agreement. If you are under eighteen (18) years of age you can only become a Registrant through the permission of your parent or guardian who will be the Registrant and agree to monitor your usage.

Placing Orders

You may purchase the Products/Services through the Website following the procedures as described on our Website for the various Product/Service offerings. If you have any questions, please give us a call at ___________.

Modification

We reserve the right to modify this Agreement at any time. You shall periodically review this Agreement to be aware of such modifications. You further agree that your continued use of the Website after any such modifications have been made shall be deemed to be your conclusive acceptance of any modified version of this Agreement. We will indicate that changes to this Agreement have been made by updating the date indicated after “Last Updated” at the beginning of this Agreement, and any updated supplemental policy or other terms (which are a material part of this Agreement as indicated below) will be indicated in the same manner. We will be happy to provide you with prior versions of this Agreement (including any supplemental policy or other terms) upon your written request to us. If you do not agree to abide by the initial version and each modified version of this Agreement, then you are not authorized to use the Website and agree not to use our Website for any reason. A current version of this Agreement is accessible via the footer of the Website's homepage.

Account Registration

A Registrant who registers with us will receive a unique account (“Account”) and will be able to access such Account by selecting a corresponding user ID and password. You shall not allow any individual or entity to use your Account to access the Website or otherwise to contact us and you shall strictly safeguard your user ID and password and any other information that would allow any person to access the Website or otherwise to contact us by using your Account. You are solely responsible for your failure to strictly safeguard such information and/or to allow any other person to access or use the Website or otherwise to contact us by using your Account. You may not sell or otherwise transfer your Account or any portion thereof. You shall notify Tutorac immediately of any unauthorized use of your Account or any portion of the Website. Tutorac shall not be liable for any loss that results from the unauthorized use of your Account, either with or without your knowledge.

Accurate Information

You shall provide accurate, complete and current information about yourself when registering for your Account and otherwise when using the Website, and you shall update all information provided by you through the Website if and as soon as such information changes.

Disabling or Revoking of Account

We have the right to suspend or terminate your Account at any time if we believe you have violated or are likely to violate this Agreement, all as determined by us in our sole discretion. If we suspend, terminate or otherwise disable access to your Account, you may be prevented from accessing certain portions of the Websiteor even beprevented from accessing the Website entirely, including your Account details and/or any the comments, icons, images, messages, tags, links, photographs, text, audio, video and other like content we provided and appearing on the Website (collectively, “Content") or other materials or content which was uploaded or otherwise provided through your Account or otherwise by you to the Website or otherwise to us (collectively, “Your Content”), all of which may be deleted by us. In such a case, your rights to use the Website and access any of Your Content may cease immediately. Suspension or termination by us is without prejudice to all other remedies available to Tutorac by law or under this Agreement.

Video Course Content Terms

Within the limits of the law, you keep ownership and are accountable Your Content. However, if any Content is specifically created for Tutorac pursuant to a separate written agreement with Tutorac, then Tutorac owns that Content, and it is not considered part of Your Content. You acknowledge that you are entirely responsible for Your Content, which includes anything you've shared or provided on the Tutorac platform.

Change of Products / Services

As part of our continuing innovation, we may stop (permanently or temporarily) providing certain Website features to you in our sole discretion, without prior notice to you. The form and nature of any of the Products/Services may change from time to time without prior notice to you.

General Practices Regarding Use and Storage

You acknowledge that Tutorac may establish general practices and limits concerning use of the Products/Services from time to time, including without limitation the maximum period of time that data or other content will be retained by us and the maximum storage space that will be allotted on Tutorac's servers on your behalf. You agree that Tutorac has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded relating to the Products/Services. You acknowledge that Tutorac reserves the right to terminate accounts that are inactive for an extended period of time and as further explained in our Dormancy and Cancellation Policies below. You further acknowledge that Tutorac reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Publishing Content

As part of the Terms of Service for Tutors on the Tutorac platform, the following provisions apply when publishing Content or using the Tutorac Service for training, tutoring, advising, or mentoring purposes:

• Product / Service Pricing and Enrollment: Tutorac retains sole discretion in setting and changing the subscription price for the Product/Service, including adjustments for taxes. Taxes are also subject to changes according to the laws applicable. Tutors must honor all enrollments made through the Service at the listed price and time, and cannot refuse enrollments for discriminatory or illegal reasons.
• Account Information and Content Accessibility: Tutors are required to provide and maintain accurate account information. Except specific Content due to any reasons been defined by Tutorac, all Content posted by Tutors will be publicly accessible to Learners.
• Advertisement Rights: Tutorac reserves the right to place advertisements on Tutor Content at its sole discretion.
• Tutor Qualifications and Conduct: Tutors must be qualified to teach their listed classes and provide Content, and must conduct themselves professionally and in accordance with all applicable laws. Tutorac reserves the right in its sole discretion to determine the adequate qualification of Tutors.
• Student Reviews: Learners may post reviews about Tutors and their classes or Content. Tutorac has no control over the Content of these reviews and is not responsible for any information or opinions expressed in them. Tutorac reserves the right to remove or cease publishing any Registrant's Content if it deems such action to be in the best interest of Tutorac, particularly in relation to adherence to its code of conduct or applicable laws.

Platform and Media Usage

The license extends to Tutorac's platform, third-party platforms in agreement with Tutorac, and multiple social media platforms. Tutorac reserves the right to decide the applicable social media platforms. You also agree that we can use your social media information for the purposes of making it easy to set up an account and log in to the Tutorac platform and for purposes of account authentication.

Personal Rights and Marketing

Tutorac has the right to use your name, display name, image, likeness, and performance in connection with Your Content for marketing and promotional activities. These rights are sub-licensable to third parties, including students, partners, resellers, distributors, affiliate sites, and deal sites.

Compensation and Liability

Tutorac is not liable to pay any compensation for using your rights except as per its compensation policies as agreed to in writing by Tutorac and the Registrant, which policies may vary from time to time.

Content Modification and Management

Tutorac can add, modify, or remove information related to Your Content for better management, professionalism, or suitability for the Tutorac Platform. This includes modifications for accessibility, like adding captions. Tutorac holds discretion in exercising these rights without any liability.

Content Removal and Opt-Out Rights

You can remove or opt out of sublicensing arrangements for Your Content, subject to our prior approval, which approval shall not be unreasonably denied. Removal requests must be emailed to Tutorac, clearly stating your intentions and specifying the concerned Content. Tutorac requires 180-365 days, depending on the Content type and involved sublicensing/marketing, to comply with such requests.

Post-Removal Rights and Payments

Tutorac's right to use Your Content for marketing purposes continues even after its removal or your opt-out. Rights already granted to Learners before removal will persist as per the licensing terms with Tutorac. You are entitled to any applicable payments for Your Content until its removal, including during the processing period of your request. Tutorac may continue to distribute or market Your Content during this period.

Content Publishing Approval Process

Registrants must obtain approval from Tutorac before publishing Content on the Tutorac Platform, unless specifically exempted by Tutorac. Approval for publishing Your Content is not guaranteed and is subject to Tutorac's sole discretion. Tutorac reserves the right to determine the eligibility of Your Content for publication on its platform and will do so without any liability. All information included in Your Content will be processed in accordance with Tutorac's policies. Additional terms related to Content submission and approval may be provided or updated periodically. By submitting Your Content, you acknowledge and agree to comply with these terms and any subsequent updates.

Free Video Class Link and Its Usage

Tutors may request a Free Video Class Link for their published class, allowing non-members to view the class. The free link shall be issued by Tutorac in its sole and absolute discretion. Viewing time through a Free Video Class Link does not count towards Tutorac Tutor Fund Payment determination or toward the 30 minute minimum watched (video viewing) requirement. The Free Video Class Link is for personal, non-commercial use and cannot be used for commercial purposes or as a paid benefit outside of Tutorac.

Purchases / Registrations / Subscription

All of the Products/Services are acquired by you on a “AS IS” and “WHERE IS” basis. If you wish to purchase any of the Products/Services, you shall comply with the applicable provisions of this Agreement as well as the provisions of any ancillary policies, terms, conditions or agreements which govern your purchase/registration/subscription of any of the Products/Services. To the extent we have the authority to do so, we reserve the right (but do not have the obligation) to correct any errors or mistakes made by our ecommerce service provider/s even if it has already requested or received payment from you, though we are not responsible for errors by our ecommerce gateway or other service providers and any recourse you wish to seek which relates to any such error shall be directly to such service provider. Thus, we may cancel any transaction that was based on erroneous information. If in case you find any such, you are responsible for raising a dispute on an immediate basis for us to escalate the same. While we hope that all freelancer, tutor, entity and learner relationships and assignments will run smoothly, we understand that occasionally you may have a disagreement about the work you imparted or received, and the payments. We encourage you to always try to work things out with that Tutor or entity first. Further, we may refuse to provide/acquire any services for any reason (as determined by us in our sole discretion) given your past history or otherwise. You will use all Products/Services you opt or pay for or receive payment for, their intended use only.

Mobile Services

Our Products/Services may include certain services that are available via a mobile device, including (i) the ability to upload content to the Website via a mobile device, (ii) the ability to browse the Service and the Website from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access our Products/Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply, which has to be taken care of by you. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number. We may share your phone numbers with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) who we have contracted with to assist us in pursuing our rights or providing our Services under these Terms of Use, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using manual human dialed or autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Tutorac account information to ensure that your messages are not sent to the person that acquires your old number.

Payments

Your request for us to charge your credit card or such payment methods by providing your credit card or payment information to us or to our ecommerce gateway or other service provider, indicates your express authorization for us (or such third party) to charge you for the associated purchase requested by you. By making a purchase or sales through the Website, you agree to pay us (or our ecommerce gateway or other service provider, as the case may be) all charges at the prices then in effect using the payment method selected by you. Your right to receive any of the Products/Services is conditional on our prior receipt of the described payment and related costs for each such Product/Services. If all such payment and costs cannot be charged to your stated payment method or if a charge is refunded for any reason, including by chargeback, we reserve the right to refuse to deliver the Product/Services you ordered and/or cancel your order, as determined by us in our sole discretion. Again, you are fully responsible for all charges made under your Account or otherwise in your name, and you will pay us all fees associated with any returned check or other reversal of any purchase or sales by you. Your payment method may be rejected if we (or a third party working on our behalf) detect the presence of certain fraud indicators. Whether a payment method is accepted or rejected is not always determined by information provided by the holder, and we apologize for any inconvenience for orders/transactions where a selected or opted payment method is not possible. For international orders, Tutorac may, at its sole discretion, require payment by wire transfer or other alternative payment methods, and all such purchases shall be in US Dollars. Please note that there are certain non-refundable Conditions which apply to our orders/transactions, and this issue is described in detail in our Cancellation Policy set forth below. Please note that the Learner pays approximately 3% processing fees (including applicable taxes for such processing fees) for any transaction, and the Tutor pays approximately 2% withdrawal charges (including applicable taxes for such withdrawal charges) while withdrawing the amount from their wallet to their bank account. Such fees or charges may vary according to the policies of the transaction service provider.

International Users

Our Website is controlled, operated, and administered by us from our offices within and outside the USA. If you access our Website from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use our Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Our Warranty and Disclaimer

Our Website is provided "as is", "as available" and "may have some glitches", and Tutorac does not warrant its accuracy, completeness, availability, reliability, or timeliness. Tutorac does its best to keep content, prices and specifications updated on the Website, but we reserve the right to notify Registrants of any necessary adjustments of our Products/Services.
You agree to assume the entire risk as to your use of our Products/Services, Website, and Content provided herein. In addition, and without limiting the foregoing, Tutorac disclaims any and all warranties with respect to any delays or errors in the transmission or delivery of any materials, products or services available through our Website.

Descriptions

We attempt to be fully accurate in describing the Products/Services (including, without limitation, the price of each Product/Service) offered for purchase by us through the Website; however, we do not warrant or represent that all such descriptions are complete, current or error-free. Further, all such descriptions are subject to change at any time (even after a purchase has been effectuated) and without notice, in our sole discretion. We are not responsible for any such errors and we have the right (as exercised by us in our sole discretion) to change or cancel any orders which were made based on any missing or inaccurate information. For clarity, if your order was based on any inaccurate description, we may (as determined by us in our sole discretion) either notify you of any necessary price adjustments prior to final processing of the order or you may report a dispute wherein our customer care specialist will help you to resolve the same. At our sole discretion, we may cancel your order and refund you any payments already made by you for such order, after deducting appropriate administration charges, wherever applicable.

How Learners Pay and Tutors Get Paid

Learners make their payments through applicable payment gateway by depositing the amount in the Tutorac Holding Account.
Once the milestone is completed and the Learner accepts completion, then the applicable amount will be released to the Tutor. If the Learner does not accept completion and approval of the release of funds to the Tutor within 48 hours of milestone completion, the system shall release funds automatically. The Wallet Balance can fluctuate based on enrollments, refunds, and other transactions. Tutors may withdraw funds at their discretion, in accordance with Tutorac's terms and policies (may change from time to time).

Tutor Royalty Payments

Tutors hosting video classes on the Tutorac Platform may be eligible for monthly royalty payments. The royalty payment amount varies and is determined by Tutorac through the “Tutorac Tutor Fund”. Specifics on the Fund's calculation and general payment procedures to Tutors are detailed in the “How Video Course Earnings Work” section given in the Help Center.

• Eligibility for Royalty Payments: To qualify for monthly royalty payments (“Video Course Earnings”), Tutors must:
  
  a. Adhere to all Rules, Requirements, and Governing Documents of Tutorac.
  b. Accumulate a minimum of 30 total minutes watched by Learners across all published classes on the Service in a given month.
  
  
• Conditions and Payment Forfeiture: Tutors who do not meet the 30-minute viewership minimum in a month will not earn or receive Video Course Earnings for that month. If a Tutor cancels their account before reaching this monthly minimum, they forfeit any payment for that month. Detailed information on the calculation of Video Course Earnings is available in the specified section.
• Payment Schedule: Video Course Earnings for respective month are credited around the 16th of the following month. For new Tutors, earnings commence the month after their first video class is published on the Service, provided the above conditions are met.
• Payment Currency and Responsibilities: Tutorac issues all Video Course Earnings, including Tutor Fund Payments, in U.S. dollars (USD). Tutorac is not responsible for any currency conversion fees, wiring fees, or other processing fees.

Payment Service Registration and Tax Compliance

Tutors must register with Tutorac's payment service providers and payment processors wherever required, and maintain good standing. Tutors are required to provide accurate account details, necessary identifying information, and tax documentation for payments. Tutorac has the right to withhold applicable taxes from payments. Failure to fully register or provide necessary information and documentation may result in the inability to withdraw or earn Tutorac Tutor Payments or other withdrawals and potential forfeiture of earnings, at Tutorac's discretion or per the applicable laws.

Payment Processing and Third-Party Policies

Information provided to payment processing service providers is governed by their privacy policies and terms, not under Tutorac's control or responsibility. Tutorac is not liable for any fees or fee changes imposed by third-party service providers.

Tutorac's Role and Transaction Responsibility

Tutorac's responsibility is limited to processing payments as per the current payout model. Tutorac is not involved in transactions between Learners and Tutors and is not responsible for issues arising from such transactions.

Right to Withhold or Cancel Payments

Tutorac reserves the right to withhold or cancel payments if it deems, at its sole discretion, that a Tutor has violated any rules, requirements, Terms of Use, Quality or Community Guidelines, or any other Tutorac policies.

Overpayment and Refund Adjustments

In case of overpayment, Tutorac has the right to deduct the overpaid amount from future payments or demand immediate repayment. Tutorac may adjust payments to account for refunds or chargebacks.

Modifications

We reserve the right, but are not obligated, to limit or discontinue any of the Products/Services, and we may exercise this right on a case-by-case basis in our sole discretion. The offer of any of the Products/Services made through our Website or otherwise is void where prohibited. We further reserve the right to limit or prohibit orders of any of the Products/Services that, in our sole judgment, appear to be placed by persons who are not eligible to be a part of our platform, whether or not they have so identified themselves to us.

Taxes

You are responsible for paying all applicable taxes arising out of any purchase of any of the Products/Services made by you through the Website or otherwise, including without limitation all duties, taxes, and/or other fees that may apply depending upon your type of purchase or sale to any Products/Services. Where applicable, Tutorac Inc. or Tutorac India Private Limited may also collect taxes (such as VAT/GST as applicable) on Platform Service Fees or the Cost for different Plans, or other fees for services or features or upgrades, as set forth in the Agreement and you understand and agree to such taxes and fees.

Your Personal Information

In the event you wish to purchase or sale any of the Products/Services or use other certain functionality of the Website, you will be asked by Tutorac and/or a third party working on our behalf, to supply certain of your personally identifiable information (“PII”). You shall provide us and/or such third party (as applicable) with accurate, complete and current PII (including without limitation your email address and payment details and expiration date which are used by our third party processor to process your payment), and you shall update all PII if and as soon as such information changes before you make any additional transactions of any the Products/Services. You shall be responsible for all activity conducted through the Website which is identified with such information.
From time to time, personal and business financial information (“Financial Information”) (including, but not limited to, banking information, credit card information, payment facilitator details, or other financial information) may be transmitted to facilitate transactions between you and us. We will never share such Financial Information with third parties other than those third parties such as payment facilitators, banks, processing gateways, financial intermediaries, and merchant processors required to process and facilitate the sending and receiving of payments, or any other entities as required by governing law, and you understand that we cannot control how these third parties will use such Financial Information to perform their services to facilitate payments. Therefore, you hereby consent to such sharing of Financial Information. You agree to assume the risk and agree that it is your responsibility to properly handle, secure, not store and destroy such Financial Information as may be necessary to protect it from misuse. You hereby consent to such sharing of Financial Information and hold us harmless and indemnify us from any claims, breaches, loss, or damage resulting from the use of those payment facilitators, banks, processing gateways, financial intermediaries, and merchant processors we use. You agree we shall not be liable to you or any third party for misuse of such Financial Information.

Your Content: Usage Restrictions:

You shall adhere to following terms and conditions for using the Website: (a) Tutorac has no obligation to respond to any of Your Content, (b) the provision of Your Content to us in no way imposes any obligation on Tutorac, whether of confidentiality, attribution, compensation or otherwise, and Tutorac shall not be liable for any disclosure or other use of any of Your Content, (c) all Your Content shall be accurate and shall not violate the copyright, trademark, patent, trade secret, right of publicity, right to privacy, or any other intellectual property or other legal right of any third party, (d) you shall pay for all royalties, fees and any other monies owing any person by reason of any of Your Content that you post to the Website and you shall hold us harmless and indemnify us from any and all such claims, (e) Your Content may be subject to size and usage limitations, and you are responsible for adhering to any such limitations, and (f) all of Your Content shall comply with the terms defined by Tutorac and all other applicable sections of this Agreement.

Quality and Review of Your Content:

Tutorac team may review Your Content or any part of Your Content; however, we do not guarantee the accuracy, integrity or quality of any of Your Content or the Content of any other person or entity, and thus we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Content will not appear on the Website. Tutorac team will do their best efforts to make sure that such content is not a part of the platform. Notwithstanding the foregoing or anything to the contrary in this Agreement, Tutorac (a) has the absolute right (but not the obligation) to pre-screen, monitor, review, flag, filter and remove any and all of Your Content in our sole discretion, and we reserve the right to alter, edit, refuse to post or remove any of Your Content, in whole or in part, for any reason or for no reason as determined by us in our sole discretion, and (b) has the right to disclose Your Content and the circumstances surrounding its transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request or to protect ourselves, other Website users or service providers or any other person, as determined by us in our sole discretion.

Usage Restrictions:

You shall Not use the Website in any manner that:

• enables you (or enables any other person) to (i) copy, modify, create a derivative work of, any Content or Products or Services, or (ii) copy, modify, create a derivative work of, reverse engineer, translate, adapt or decompile (or attempt to translate, adapt or decompile) any Content or Products or Services, or otherwise attempt to extract any software underlying any portion of the Website or the source code of the software underlying the Website or any portion thereof;
• interferes with operations or services provided by the Website or otherwise disrupts the Website in any way;
• interrupts, destroys or limits the functionality of, any computer software or hardware or telecommunications equipment (including without limitation by means of software viruses, Trojan horses or any other computer code, files or programs);
• infringes any copyright, trademark, trade secret, patent or other right of any party (including the promoting of an illegal or unauthorized copy of another person's copyrighted work), or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
• is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable, as determined by us in our sole discretion;
• creates a false identity or otherwise attempts to mislead any person as to the identity or origin of any communication;
• exports, re-exports, or permits downloading of any message or Content in violation of any export or import law, regulation, or restriction of the United States and all other applicable country laws and its agencies and authorities, or without all required approvals, licenses, or exemptions;
• causes us to lose (in whole or part) the services of our internet service providers or other suppliers or platform users;
• consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• links to materials or other content, directly or indirectly, to which you do not have a right to link or which we determine in our sole discretion is not appropriate to be linked to from the Website; or
• violates, or encourages others to violate this Agreement (or engages in any other activity deemed by us to be in conflict with this Agreement), or violates or encourages others to violate any applicable local, state, national, or international law.

Prohibited Actions for Tutors:

Tutorac maintains the right, though not the obligation, to remove any Content at its discretion at any time for any reason. Tutors agree not to engage in the following actions:

• Submitting content that infringes on any third party's rights, including copyright, trademark, privacy, publicity, or any other proprietary rights, unless authorized by the rightful owner.
• Providing content that is abusive, libelous, defamatory, pornographic, and obscene, incites violence or hatred, or is otherwise deemed objectionable by Tutorac.
• Uploading material that violates Tutorac's Policies or Guidelines (Policies and Guidelines are subject to change, with or without notice; you are expected to keep yourself updated).
• Engaging in any unsolicited or unauthorized advertising, spamming, or other forms of solicitation.
• Using the Tutorac Platform for purposes other than providing teaching or related services to Learners, except as permitted by Tutorac.
• Misusing Learners' data or information for purposes outside of providing services on the Tutorac Platform.
• Soliciting or storing Learners' personal data beyond what is allowed by the Tutorac Platform.
• Employing techniques or services that falsely represent the popularity of Your Content or your activity on the Tutorac Platform or social media platforms, including the use of bots or automated means in a deceptive manner.

Reporting Violations:

You shall immediately notify us in writing, on support@tutorac.com, of any of Your Content or of any other Content that you view through the Website which you deem to be offensive, inappropriate or otherwise a violation of this Agreement.

Disabling or Revocation of Use:

We have the right to cancel or suspend your use of the Website (if applicable) including without limitation any purchase made by you, for any reason (without having to specify the reason) or for no reason at any time, as determined in our sole discretion, including without limitation if we believe you have violated this Agreement.

Intellectual Property, Proprietary Rights:

Content provided by Tutorac or any of our third-party licensors is protected by copyright, trademark and other laws of the United States and/or other jurisdictions. Other than for Your Content and third-party Trademarks (as the term Trademark is defined below in the section entitled Trademarks) appearing on the Website, you acknowledge and agree that as between you and us, all right, title and interest (including without limitation all copyright, trademark, patent, patent pending, trade secret and other intellectual property rights) in and to the Website (including without limitation all other Content appearing therein) is owned by us or third-parties, and that you have no rights in and to the Website other than as expressly set forth in this Agreement. Except for that information which is in the public domain and is not otherwise limited by third party rights or for which you have been given express written permission by us, no Content (other than for Your Content as uploaded by you to the Website alone) may be sold, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose without our prior written consent or, where applicable, that of our licensors. However, you may print copies of permitted materials on the Website for your personal, noncommercial use only, provided that you must keep intact all copyright, Trademark, and other proprietary notices appearing therein and that you use such materials only in the manner permitted by this Agreement and never in any manner which directly or indirectly competes with us. For clarity and without limiting the foregoing, please note that Content posted by other Website users may also be protected by copyright, trademark patent and other rights under the laws of the United States and/or other jurisdictions, and no rights in such Content whatsoever are granted to you other than those expressly granted herein or by the owner of such Content.

License and User Content:

Tutorac grants you a limited, non-exclusive, non-transferable license to access and use the Website in legally authorized jurisdictions for personal, business, and commercial purposes (including learning and informational purposes). This license is contingent upon your compliance with these terms. Any unauthorized use of the Website shall automatically terminate the license granted to you by us for such use. You shall be solely responsible for your actions and the contents of your transmissions/receptions or information or Content you post or you see or you use on our Website.

Grant of License to Your Content:

By posting Your Content as a Registrant, to the Website, you automatically grant, and represent and warrant that you have the right to grant to Tutorac, a non-exclusive, perpetual, irrevocable, sub-licensable (through multiple tiers), assignable, fully-paid, royalty-free (except as defined in our revenue sharing models), and worldwide license to use, copy, modify, adapt, publish, make, sell, publicly display, create derivative works of or incorporate into other works all of such Your Content (in whole or in part), communicate to the public, distribute (through multiple tiers), perform or display Your Content (in whole or in part), in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sub-licenses, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in Your Content for any purpose, including without limitation for purposes of advertising and publicity on the Website and elsewhere, and/or otherwise to generate any revenue. We shall not be limited in any way in the use, commercial or otherwise, of any of Your Content, and you hereby waive any moral rights (or “droit moral”) in, or approval rights to, Your Content. For clarity and without limiting the foregoing, we reserve the express right to incorporate any of Your Content into any further work, in any medium now or hereafter known, without prior consent or review, and without attribution or payment of any royalty or fee whatsoever (except as defined in our revenue sharing models). You agree that our rights to your Content, which rights are set forth in this Section and elsewhere in these Terms, apply even after we or you terminate your account or status with us.

Copyright Agent:

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Website, (d) your address, telephone number, and e-mail address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached as follows:

Name: Tutorac LLC Copyright Agent

Address: 2150 S Central Expy, Suite 200 277, McKinney, TX 75070

Email: service@tutorac.com

In response to a notice, Tutorac may remove or disable access to the allegedly infringing material, and take such other actions Tutorac deems appropriate in its sole discretion. Also, you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing. If Tutorac remove or disable access, Tutorac will attempt to contact the poster of the allegedly infringing material so that the poster may provide a counter notification.

If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a counter notification, pursuant to Sections 512(g)(2) and (g)(3) of the DMCA. You may provide a written communication that contains all of the following:

• Your physical or electronic signature.
• Identification of the material removed or to which access has been disabled, including the specific URL or link.
• A statement under penalty of perjury that you have a good-faith belief that removal or disablement of the material was a mistake or that the material was misidentified.
• Your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) as applicable by the respective law, if your address is located outside the United States, and that you will accept service of process from the complainant submitting the notice or his/her authorized agent.

Please submit your counter notification to Tutorac by email to legal@tutorac.com.

For claims of trademark infringement or other claims of intellectual property infringement, you must similarly provide us with clear information about the location of the allegedly infringing work, including the URL or link where the work is located; complete information about your trademark or other intellectual property rights, including identifying the trademarked word(s) or symbol(s), trademark registration number(s), and a direct link to the trademark record(s), if available; and your contact information (name, physical address, email address and contact number). Please also indicate your relationship to the trademark holder, including whether you are the trademark holder or whether you are an authorized representative for the holder.
Please submit your notice to Tutorac by an email to legal@tutorac.com.

We suggest that you consult your legal advisor before filing a notice with our copyright agent. You should note that there can be penalties for false claims under the DMCA. We will, in appropriate circumstances and to the extent plausible, terminate the right of Website users who infringe the rights of copyright holders to interact with certain portions of the Website.

Trademarks:

“TUTORAC” is a Trademark of Tutorac, Inc. All other Trademarks referenced on the Website are the property of their respective owners. Tutorac is not affiliated with or sponsored or endorsed by any trademark owner whose Trademark may appear on the Website and whose owner is not indicated to be Tutorac. As used herein, the term “Trademarks” means, collectively, all service names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, and trade dress appearing on the Website which indicate a source of goods or services. Trademarks are protected by the trademark laws of the United States and/or other jurisdictions. You may not use, copy, reproduce, republish, distribute or modify any Trademarks in any way, including without limitation in the distribution of any Content, for advertising or publicity or otherwise, without our prior written consent or the prior written consent of each such third party Trademark holder, as applicable. Unless you have been expressly authorized to do so in writing by Tutorac or any other applicable Trademark holder, you shall not use any Trademark in any way that is likely or intended to cause confusion with the owner of such Trademark.

Removal of Notices:

You shall not remove, obscure, or alter any proprietary rights or notices (including without limitation copyright and Trademark notices) which may be affixed to or contained within any Content. You shall abide by all such notices.

Links; Third Party Websites:

The Website may provide links to third party websites that we believe may be of potential interest to you. We also may use third party tools, plugins and APIs. Because we do not endorse or otherwise have control over such websites, third party tools, plugins and APIs, we are not responsible or liable, directly or indirectly, for (a) the availability of such websites, (b) any content, data, text, software, music, sound, photographs, video, messages, tags, links, advertising, services, products, or other materials on or available from such websites, (c) your participation, correspondence or business dealings with any third party regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, which are solely between you and any such third party, and (d) any damage or loss caused or alleged to be caused by or in connection with your interaction with any such third party or any other third party whom you form a connection with through or because of such Website. Your use of any website linked to or from the Website is subject to the policies and procedures of the owner of such website. You agree to hold us harmless from any claims of loss as a result of your use of such third party websites.

WARRANTY DISCLAIMER

The Website of Tutorac.com is provided "as is", "as available" and "may have some glitches" and Tutorac does not warrant its accuracy, completeness, availability, reliability, or timeliness. Tutorac does its best to keep content, prices and specifications updated on the Website, but we reserve the right to notify customers of any necessary adjustments prior to final processing and execution of an order.
You agree to assume the entire risk as to your use of our Website and the information provided on our Website by us or others. In addition, and without limiting the foregoing, Tutorac disclaims any and all warranties with respect to any delays or errors in the transmission or delivery of any materials, products or services available through Tutorac's Website.

Holding Account:

Tutorac offers Holding Account services but does not assure payment to Tutors/entities (service providers) beyond the scope of funds already received from Learners (service takers). Payment to Tutors/entities is contingent upon the following conditions: (a) receipt of funds from the Learner to Tutorac, (b) explicit instruction from the Learner to release these funds or automatic release of such funds if the Learner takes no action within 48 hours following the completion of a milestone. Tutorac does not guarantee the Learner's willingness or ability to pay. Both, Learners and Tutors/entities, acknowledge that these Holding Account services are designed for professional use and agree to utilize them solely for such objectives, not for consumer, personal, family, or household pursuits.

Dormant and Cancellation Policies:

• We Strive for Your Satisfaction: We want you to be satisfied with each purchase of our Products/Services, and we always strive hard to meet this goal. At Tutorac, we understand that there may be times when you may wish to cancel your purchase, and we want to make sure that we offer a reasonable option.
• Cancellations: While we would like to have as generous a cancellation and return policy as possible, the Tutors put a reasonable set of time, effort, and expense into the making of the Products/Services you see listed on our Website, and on the other side, the Learners have a reasonable set of expectations from the Tutors while they register for any Products/Services. Thus we are only able to permit cancellations and refunds in limited circumstances. Our cancellation policies are as follows:
  Dormant Policy:
  i. Tutor goes Dormant: If a Tutor is inactive for three consecutive classes, the Learner has an option to cancel the batch. The Student Cancellation policies apply in such cases and depending upon the milestone completion progress, the Cancellation will be executed. In a situation where the milestone completion progress is zero, the Learner is entitled to a 100% refund of the fees paid.
  ii. Learner goes Dormant: In instances where a Learner remains inactive for three consecutive classes, particularly in one-on-one sessions, we may advise the Tutor to consider batch cancellation. Tutors are required to notify Learners of each missed class through both email and website notifications. Should the Tutor initiate cancellation due to Learner inactivity, our Tutor Cancellation Policies will apply.
  Notably, Tutors are entitled to full payment for classes where they were available for at least 30 minutes per session, regardless of the Learner's participation or the course completion percentage. For payment purposes, such sessions will be treated as fully completed (e.g., 30-minute session availability for a 90-minute class counts as a complete 90-minute session). Milestone progress will be adjusted accordingly. This policy is applicable only if a Learner is dormant for three consecutive classes.
  iii. Both Tutor and Learner Go Dormant: Tutorac will keep the batch open for 60 days, allowing time for either party to respond or take action. After three consecutive classes without engagement, a notice will be issued to both Tutor and Learner. They will have 7 days from the notice to undertake any form of action. If no action is taken after the notice period, Tutor Cancellation Policies will come into effect. Should there be no progress or action from either side after the notice period, the Learner will receive a 100% refund.
  
  Cancellation Policy: Our cancellation policy is structured based on the percentage of milestone completion, determining the distribution of funds between the Learner and the Tutor.
  
  i. Cancellation by Learner:
  1-10% Milestone Completion: Tutor receives 20% of the milestone amount; 80% is refunded to the Learner.
  11-30% Milestone Completion: Tutor receives 50% of the milestone amount; 50% is refunded to the Learner.
  Above 30% Milestone Completion: Tutor receives 100% of the milestone amount; no refund for the Learner.
  ii. Cancellation by Tutor:
  1-10% Milestone Completion: Tutor receives 0% of the milestone amount; 100% is refunded to the Learner.
  11-30% Milestone Completion: Tutor receives 10% of the milestone amount; 90% is refunded to the Learner.
  31-50% Milestone Completion: Tutor receives 30% of the milestone amount; 70% is refunded to the Learner.
  51-75% Milestone Completion: Tutor receives 50% of the milestone amount; 50% is refunded to the Learner.
  76-99% Milestone Completion: Tutor receives 75% of the milestone amount; 25% is refunded to the Learner.

Representations, Warranties and Covenants:

You represent and warrant that (a) you have all rights, power and the full legal authority to enter into this Agreement (and if you are entering into this Agreement on behalf of any entity that you are fully authorized by such entity to so enter into this Agreement on its behalf), (b) you have carefully read this Agreement and shall comply with all of your obligations under this Agreement, the Privacy Policy and any other terms or conditions posted on the Website, (c) this Agreement is enforceable against you in accordance with its terms and conditions, (d) you shall not disparage Tutorac, any of our personnel, any Tutors, the Website or any of our Products or Services, and (e) regarding Your Content, (i) you hereby waive any and all claims (including, without limitation, claims based upon invasion of privacy, defamation, false light, or right of publicity) arising out of or related to any alteration, distortion or other use of your name, image or likeness or that of any third party which appears in any of Your Content (including without limitation your photograph or the photograph of a third party), (ii) the posting of Your Content by you does not and shall not violate any terms and conditions to which you are bound under this Agreement, any other applicable agreement, or any applicable law or regulation, (iii) you will not use any of Your Content provided other than as expressly permitted in this Agreement, and (iv) you are solely responsible (and Tutorac has no responsibility to you or to any third party) for any of Your Content that you create, transmit, display, submit or post while using the Website and for the consequences of your actions, including without limitation any loss or damage which Tutorac or any of its affiliated entities or any of their shareholders, officers, directors, members, managers, licensors, agents, employees, consultants, representatives and service providers (collectively, the “Tutorac Parties”) may suffer which is related to any of Your Content including without limitation the enforcement of any rights in and to any of Your Content.

Other Registrant Requirements and Agreements:

• In the event of an audit of Tutorac or if required by law, Registrant agrees to promptly cooperate with Tutorac and provide copies of tax returns and other documents as may be reasonably requested for purposes of such audit or legal requirements, including but not limited to records showing Registrant is engaging in an independent business as represented to Tutorac.
• For any communications or dealings outside the Tutorac platform, the Registrants understand that Tutorac may not take any responsibility or give any kind of support.
• Tutorac does not set Registrants' work hours, work schedules, or location. Tutorac may not provide the Tutor with training or any equipment, tools, labor, or materials needed to complete their assignments. Tutorac does not provide the premises at which the Tutor or Learner will execute or avail the sessions. If there is a dispute between Tutor / Entity and Learner, that dispute is solely between them and Tutorac will not be responsible or liable with respect to such dispute; however, the Tutorac support team will intervene in case if a dispute has been raised on the platform and intimated in writing to Tutorac by any of them, after which the decision taken by the Tutorac team will be final and binding to both the Tutor/Entity and Learner. Neither Tutorac nor its Affiliates is an employer of or joint employer or integrated or single enterprise with any Tutor/Entity or Learner.
• Payment requests once done are irrevocable, and you agree to carefully review such requests before finalizing and submitting them to Tutorac. However, in the rare situation of a mistake, you can submit a support ticket to us requesting a correction, but you understand there is no guarantee that Tutorac can correct or reverse the matter, especially in the situation where funds have been released.
• Every Registrant has to co-operate with Tutorac's dispute resolution system in terms of any disputes. The decision of Tutorac's Dispute Resolution Team will be final and binding and no requests or claims will be entertained after a decision has been made by the Dispute Resolution Team.
• You hereby authorize us to electronically debit and, if necessary, electronically credit your designated bank or other financial account for such amounts pursuant to these Terms of Use and/or other written agreement you may enter into with us, and you agree to comply with the rules issued by the National Automated Clearing House (“NACHA”) and all applicable laws, including, but not limited to, the Federal Bank Secrecy Act, the U.S.A. Patriot Act, and economic sanctions overseen by the Office of Foreign Assets Control (OFAC). Your authorization for any transfers contained in this section will remain in full force and effect until you notify us that you wish to revoke your authorization by removing your bank or other financial account information from your Profile or by contacting Customer Support through an authorized written statement. You understand that we require at least five (5) business days' prior notice in order to cancel your authorization for any transfers contained in this Section. A business day is defined as Monday through Friday, unless such day is a nationally recognized holiday in the United States or India.
• You must notify us of any change in your designated bank or financial account's information at least five (5) business days before any such change by updating your bank account information in your Profile or by contacting Customer Support through an authorized written statement. If we do not receive notice at least five (5) days before any such change, we may attempt, in our sole discretion, to implement such change prior to any transaction performed pursuant to your authorization provided in this Section; however, we assume no responsibility for our failure to do so.
• You may view a history of your Account transactions by logging in to the Website. You are solely responsible for promptly reconciling your Account transaction history with the transaction records for your bank or financial account. You must notify us of any errors or discrepancies in your Account transaction history (each, an “Error”) within thirty (30) calendar days of such occurrence of the transaction. If you do not notify us of an Error within thirty (30) calendar days of such occurrence of the transaction, you will forfeit the right to contest the Error, except to the extent such forfeiture is prohibited by applicable law or your request is considered at our sole discretion. Subject to the foregoing notice requirement: (a) if and to the extent an Error is caused by us, we will correct the Error if notified to us within the timeline, after which it will be per the applicable rules and at our sole discretion, and (b) if an Error is caused by you, we may, but are under no obligation to, attempt to correct the Error and will offset any costs we incur from any funds available within your wallet, as applicable.
• Fees, Discounts, and Coupons: Learner-Tutor Transactions: The fees charged, as well as any discounts or coupons offered by a Tutor or entity on the Tutorac platform, constitute a direct transaction between the Learner and the Tutor/entity. Consequently, Tutorac assumes no liability or responsibility for any variations in pricing, discounts, or promotional offers made by Tutors or entities for any course available to Learners on the platform. Users acknowledge and agree that such financial transactions and their terms are solely between the Learner and the Tutor/entity, and Tutorac is not a party to, nor does it have any oversight or control over the discount or coupon offerings of a Tutor or entity.
• Tutorac offers several programs for the Users. For purposes of this Agreement, “Member” or “you” or "User" or "Registrant" means a party or an individual participating in a program. Each program includes a certain number of features with its periodical capacity for the Users/Registrants as described on the Website. If your program does not include any of the features or the capacity of any of the features are exhausted, the site gives you the options to purchase such additional features or increase the capacity. You may do so for the price advertised on the Website subject to a cap determined by your program, if applicable. Tutorac reserves the right to change program fees, change the capacity or capabilities or features of a program or institute new fees at any time, in each case upon reasonable notice posted in advance on the Website. No refunds of fees already paid will be given in this case. If Tutorac exercises its right to cancel a program or registration, Tutorac will not refund the fees already paid.
• You must pay your Tutorac fees and other program fees on time every time. For any program purchased, billing periods begin on the date that we receive payment. Tutorac fees are calculated from the beginning of that billing period. Tutorac automatically renews your monthly program or yearly program, and you irrevocably authorize and instruct us to make the required payments to Tutorac on your behalf. This authorization will remain in full force and effect until you change your settings in your Profile to change your plan / program, otherwise notify us that you wish to revoke your authorization by contacting Customer Support, or cancel your Account.
• You can change your program at any time, including by moving to an unpaid plan, by going to the Website. If you change your paid program, the new program and new billing period will be based upon the date Tutorac receives payment of the new program fees. If you upgrade a program, it will result in a new billing date effective upon the date of payment of the additional fees. If you downgrade a program, you will not receive a refund or credit for the fees already paid; instead your program will continue to the end of your current billing period but will not renew with the earlier version. If your Account is suspended at the beginning of your billing period or you do not pay your program fees, your Account will be automatically downgraded to an unpaid plan. If your Account is reinstated, you may change your plan or program as described in this Agreement. Tutorac reserves the right to modify its programs at any time, upon reasonable notice posted in advance on the Site.
• Tutorac does not encourage cancellations of live training batches or classes by any user. However, Tutorac acknowledges that under certain circumstances, cancellations may occur. In these instances, Tutorac operates in accordance with its defined cancellation policies. Users have the right to cancel their participation in live training batches or classes as per these policies. It is important to note that Tutorac is not obligated to take any specific actions in response to such cancellations, except as outlined in the cancellation policies. In the event of disputes arising from cancellations, Tutorac commits to exerting its best efforts to resolve these disputes, aiming to provide a justified and equitable solution for all parties involved. This approach is part of our dedication to maintaining a fair and responsible platform environment.

DISCLAIMER OF WARRANTIES:

YOUR USE OF THE WEBSITE AND ANY PRODUCTS OR SERVICES YOU PURCHASE FROM US ARE ON AN “AS IS” AND “AS AVAILABLE” BASIS, “MAY HAVE SOME GLITCHES”, AND AT YOUR SOLE RISK. OTHER THAN FOR ANY EXPRESS WRITTEN WARRANTY PROVIDED BY TUTORAC ABOVE, NONE OF THE TUTORAC PARTIES HAS OR SHALL HAVE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED OR WHICH HAS HAPPENED, DIRECTLY OR INDIRECTLY, THROUGH YOUR USE OF THE WEBSITE, RELIANCE ON ANY POSTED REVIEW, OR OTHERWISE RELATED TO YOUR PURCHASE OR YOUR USE OF ANY PRODUCTS OR SERVICES. TUTORAC FURTHER DOES NOT MAKE ANY GUARANTY/GURANTEE OF THE ACCURACY, CORRECTNESS, USEFULNESS OR COMPLETENESS OF, AND IS NOT LIABLE FOR ANY LOSSES OR DAMAGES ALLEGED TO ARISE FROM OR ARISING FROM OR RELATED TO, ANY USE OF THE WEBSITE OR ANY USE OF ANY CONTENT OR PRODUCTS OR SERVICES. SPECIFICALLY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, TUTORAC DISCLAIMS (A) ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE WEBSITE AND ANY CONTENT, PRODUCTS, AND SERVICES, AND (B) ALL WARRANTIES NOT EXPRESSLY MADE IN THIS AGREEMENT, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH YOUR PURCHASE OF ANY PRODUCTS / SERVICES OR OTHERWISE YOUR USE OF THE WEBSITE. EVEN THOUGH TUTORAC TECHNICAL EXPERTS WILL TRY TO MAKE SURE YOU HAVE ERROR FREE, VIRUS FREE, AND SMOOTH BEST EXPERIENCE, TUTORAC DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS ALL THE TIME. TUTORAC WILL MAKE ALL DUE DILIGENCE TO GET THE WORLDS' BEST TUTORS ONBOARD; HOWEVER, WE DO NOT MAKE ANY WARRANTY, GUARANTY/GUARANTEE, OR REPRESENTATION AS TO THE AUTHENTICITY, ABILITY, COMPETENCE, QUALITY, FINANCES, OR QUALIFICATIONS OF ANY USER, TUTOR, OR THE CONTENT, STATEMENTS, PRODUCTS, SERVICES, OR REVIEWS THEY MAY POST OR THAT ARE POSTED ON OUR WEBSITE. FURTHER, YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL TUTORAC BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE ALLEGED TO ARISE OR ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES. RELIANCE ON ANY REVIEWS POSTED ON OUR WEBSITE, OR YOUR INTERACTION WITH ANY THIRD PARTY LINKED TO OR FROM THE WEBSITE OR OTHERWISE IN CONNECTION WITH YOUR PURCHASE OF ANY PRODUCTS OR SERVICES, AND YOU AGREE TO HOLD US HARMLESS AND INDEMNIFY US FROM ANY SUCH CLAIMS.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL ANY OF THE TUTORAC PARTIES BE LIABLE FOR LOST PROFITS OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, YOUR USE OF (A) THE WEBSITE (INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT APPEARING ON THE WEBSITE OR YOUR LOSS OF DATA, INCOME, OR PROFIT, OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR YOUR INABILITY TO USE, THE WEBSITE), OR (B) ANY PRODUCTS OR SERVICES PURCHASED FROM US OR OTHERWISE AVAILABLE THROUGH THE WEBSITE, WHETHER OR NOT ANY OF THE TUTORAC PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF THE TUTORAC PARTIES COLLECTIVELY TO YOU OR ANY RELATED PERSON IN ALL CIRCUMSTANCES IS LIMITED TO THE LESSER OF (A) THE COST OF ALL PRODUCTS OR SERVICES PURCHASED BY YOU FROM THE WEBSITE IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRIOR TO THE ARISING OF SUCH LIABILITY, OR (B) FIVE HUNDRED DOLLARS ($500), WHICHEVER IS LESS.

We Do Not Guarantee Results:

From time to time, Registrants may submit reviews of Products or Services or our Tutors; these reviews do not constitute a guarantee, warranty, or prediction regarding what you may be looking for in a particular course or video, or the outcome of any future matter. You agree that we shall have no responsibility or liability of any kind for any Product or Service or Advice you may receive through our Website or our Products or Services, and any use or reliance is solely at your own risk. In no event will we be liable for any loss or damage to you or any third parties including, but not limited to, any loss caused in whole or in part by any inaccuracies or incompleteness, delays, interruptions, errors or omissions, including, but not limited to, those arising from the negligence of any of our Registrants, tutors, service providers or sites we link to or contingencies beyond our or any of our service providers' control in procuring, compiling, interpreting, computing, reporting, or delivering the Content or Products or Services. We are not giving business advice, investment advice, tax advice, legal advice, or other professional advice by allowing You to use Our Application and Services. You understand and agree that any information available through our Website or the Products or Services is for training, learning, practice, research and general informational purposes only.

Indemnification:

You shall indemnify, defend and hold harmless Tutorac and each of the other Tutorac Parties from all claims, demands, causes of action and/or lawsuits (each, a "Claim" and collectively, "Claims") and all resulting costs, liabilities, losses, expenses, and damages, actual and consequential, direct and indirect, of every kind and nature, including without limitation reasonable attorneys' fees and disbursements (collectively, "Losses") made by any third party arising out of or related to (a) the breach by you of any of your representations, warranties, covenants under this Agreement or your failure to fulfill any of your obligations under this Agreement, (b) your negligence or misconduct, or (c) your violation of any law or regulation. You shall provide all applicable Tutorac Parties with prompt written notice of any Claim or potential Claim of which you become aware. Upon the assertion or commencement of any Claim against one or more of the Tutorac Parties by any third party that may give rise to liability of any such Tutorac Party hereunder, you shall assume the control of the defense of such Claim at your sole expense with counsel reasonably acceptable to each such applicable Tutorac Party; provided, however, that each such Tutorac Party may take part in and/or fully assume such defense, in its sole discretion and at its own expense, after you assume the control thereof. You shall not enter into any settlement of any Claim which any of the Tutorac Parties believes is adverse to its interests, without receiving the prior written consent of each of the Tutorac Parties affected by such Claim. In no event shall any of the Tutorac Parties be obligated to participate in any settlement which any such party reasonably believes would have an adverse effect on such party's business interests.

Insurance:

The Registrants are themselves responsible for obtaining any liability, health, workers' compensation, disability, unemployment, or other insurance needed or required by law, and that the same is not covered by or eligible for any insurance from Tutorac.

Privacy:

Tutorac views the protection of your privacy as an important responsibility. The terms regulating the handling, use and storage of your PII (Personal Identifiable Information) and other information by us in connection with the Website is described in our Privacy Policy. By using the Website, you consent to the collection and use of your PII by us as described in the Privacy Policy. However, the handling, use and storage of your PII by any third party is subject to the privacy policy (if available) of such third party and not our Privacy Policy; for instance, when you provide your credit card information to our ecommerce gateway or other service providers, your PII will be subject to the privacy policy of our ecommerce gateway or other service providers.

No Endorsement:

Tutorac is neither sponsored nor endorsed by any specific product, service, methodology or person. The owners of any third-party product, service, information, Trademark, copyright, or Content (other than Tutorac's own Trademark, copyrighted materials, and Content) appearing on the Website are not sponsors of Tutorac or the Website and have not endorsed with Tutorac or the Website, and Tutorac is not a sponsor and does not endorse any such third parties.

No Agency:

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Tutorac by this Agreement or as a result of your use of the Website or your purchase of any Products, unless specifically defined or applicable according to Tutorac's registration policies.

Notices:

All notices hereunder shall be given by certified mail, postage prepaid and return receipt requested, to: Tutorac Inc., Attn: __________ Department, ____________, __________, Texas _____ and by email to e-mail at info@tutorac.com, and to a Registrant at the address and email listed which is provided to us by such Registrant. Notice shall be deemed given upon signature and upon receipt of such email.

GOVERNING LAW; ARBITRATION;

NO CLASS CLAIMS; TIMELY FILING OF CLAIMS: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, USA, excluding the case where the Tutor and the Learner both are from India, wherein the laws of the State of Telangana, India will be applicable. Except the case where the Service Provider (Tutor or such Party) and Service Taker (Learner or such Party) belongs to India and transact through India's governing laws, any dispute arising out of or relating to this Agreement, including without limitation regarding any breach hereunder (other than for claims qualifying for small claims court, as described below), shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration shall be conducted in McKinney, Texas, by a single arbitrator with applicable industry expertise in online businesses, who shall be named in accordance with such rules. The award of the arbitrator shall be final and binding on you and us, without a right of appeal, and shall be accompanied by a statement of the reasons upon which the award is based, and such statement as well as all information concerning such arbitration proceedings including without limitation all evidence and materials submitted by you and/or us shall be deemed to be confidential information and shall not be made public by either you or us. If either party sues the other party and loses the claim which was the subject of such a suit, then the non-prevailing party shall pay the prevailing party's costs and expenses, including but not limited to the prevailing party's reasonable attorneys' fees. The liability of Tutorac will be in accordance with the 'Limitation of Liability' clause mentioned above. NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. Moreover, and notwithstanding the arbitration requirement above, we may apply to any court of competent jurisdiction for injunctive relief or enforcement of the above arbitration provision, without breach of such arbitration provision. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM THAT YOU MAY HAVE AGAINST ANY OF THE TUTORAC PARTIES WHICH ARISES OUT OF OR IS RELATED TO THIS AGREEMENT OR OTHERWISE YOUR USE OF THE WEBSITE OR PURCHASE OF ANY PRODUCTS OR SERVICES MUST BE FILED BY YOU PURSUANT TO THIS SECTION WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.
Notwithstanding the parties' decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction to the extent such claims do not seek equitable relief.
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND TUTORAC REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.

Assignment:

You shall not resell or assign any of your rights, duties or obligations under this Agreement and any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by Tutorac, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees. Without limitation of the foregoing, we may sell, transfer or otherwise share some or all of our assets, including without limitation your PII, with any parent company, subsidiary, joint venture, and a company under our common control, as well as with a potential acquirer or investor including without limitation in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such an event, the PII we have collected from you may be one of the assets transferred.

No Waiver:

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Tutorac does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which Tutorac has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Tutorac's rights, and all such rights or remedies shall still be available to Tutorac.

General:

If any provision of this Agreement is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement and any ancillary terms and conditions referenced on the Website or otherwise provided by us sets forth the entire understanding and agreement between us with respect to your use of the Website and purchase of Products or Services. The provisions of this Agreement shall survive termination or expiration to the extent necessary to carry out the obligations of you and Tutorac under this Agreement.

Contact Us:

If you have any questions or concerns regarding the Website, please contact us by e-mail at support@Tutorac.com or write to us at Tutorac Inc., 2150 S Central Expy, Suite 200-270, McKinney, TX 75070. USA.

IMMUNITY:

A disclosure of information will be immune from prosecution or civil action under the Defend Trade Secrets Act, 18 U.S.C. Sec. 1832, if it: (A) is made (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney, and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

Commitment to Equal Opportunity and Anti-Discrimination:

Tutorac is dedicated to fostering economic opportunities that lead to improved lives. Central to our mission is ensuring equitable access to these opportunities for all individuals in our community, irrespective of their background, nationality, race, ethnicity, gender, sexual identity, orientation, disability status, veteran status, marital status, or any other characteristic protected by law.
As a vital part of participating on our Site, users must agree not to partake in any illegal discriminatory or harassing behavior. We hold a zero-tolerance policy for such conduct among our community members. It is against Tutorac's principles for Registrants to engage in activities that violate any laws or expose them to legal liability, and we actively enforce measures to uphold this policy.
In the event of any discriminatory or harassing behavior, Registrants risk having their accounts terminated and may face legal repercussions as determined by Tutorac's discretion, unless otherwise dictated by law. If you encounter or are subjected to any form of discrimination or harassment on our platform, please report it immediately to legal@tutorac.com.