Terms of Service

Welcome to Tutorbase. These Terms of Service ("Terms") govern your access to and use of the Tutorbase platform, website, and services (collectively, the "Service") provided by Tutorbase Ltd. ("Tutorbase," "we," "our," or "us").

By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, you may not access or use the Service. These Terms constitute the entire agreement between you and Tutorbase regarding the Service.

In these Terms, the following definitions apply:

• Customer: The business entity or individual who creates an account and subscribes to the Service.
• User: Any individual authorized by the Customer to access and use the Service, including administrators, teachers, and staff members.
• Customer Data: All data, content, and information that Customers or Users upload, enter, or otherwise provide to the Service, including student records, scheduling data, billing information, and business records.
• Platform Fee: The fee charged by Tutorbase for use of the Service, calculated as a percentage of the Customer's invoiced revenue processed through the platform.
• Organization: A tutoring business, educational institution, or other entity that uses the Service to manage their operations.

Tutorbase provides cloud-based software for tutoring businesses and educational organizations. The Service includes:

• Scheduling and lesson management tools
• Billing, invoicing, and payment tracking
• Student and teacher management (CRM)
• Lead capture and conversion tools
• Multi-brand and multi-location support
• Reporting and analytics

We reserve the right to modify, update, or discontinue any feature or functionality of the Service at any time. For material changes that adversely affect your use of the Service, we will provide reasonable advance notice via email or through the Service.

4.1 Account Creation

To use the Service, you must create an account by providing accurate and complete information. You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or your organization.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use strong, unique passwords and keep them secure
• Immediately notify us of any unauthorized access or security breach
• Not share your account credentials with unauthorized parties

4.3 Administrator Responsibilities

Account administrators have full control over organization settings, user permissions, and data access. Administrators are responsible for managing user access, including inviting, removing, and setting appropriate permission levels for all Users within their organization.

5.1 Data Ownership

You retain all rights, title, and interest in your Customer Data. Tutorbase does not claim ownership of any Customer Data you submit to the Service.

5.2 License to Tutorbase

You grant Tutorbase a limited, non-exclusive, worldwide license to access, process, and display your Customer Data solely for the purpose of providing, maintaining, and improving the Service.

5.3 Data Isolation

We implement strict multi-tenant data isolation. Your Customer Data is logically separated from other customers' data and is not accessible to other users of the Service.

5.4 Data Portability

Upon request, we will provide you with the ability to export your Customer Data in a standard, machine-readable format. Data export requests should be submitted to support@tutorbase.com.

6.1 Platform Fee

Tutorbase charges a Platform Fee equal to 1% of your monthly invoiced revenue processed through the Service. This fee is calculated based on the total value of invoices you create and manage within the platform during each billing period.

6.2 Billing Cycle

Fees are billed monthly in arrears. You will receive an invoice at the end of each calendar month for the Platform Fee based on that month's invoiced revenue.

6.3 Payment Methods

You agree to provide valid payment information and authorize Tutorbase to charge the applicable fees. Payment is due within 14 days of invoice date.

6.4 Fee Changes

We will provide at least 90 days' advance notice before implementing any fee increases. Such notice will be sent via email to the account administrator.

6.5 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying any taxes, levies, or duties imposed by taxing authorities in connection with your use of the Service.

7.1 Subscription Term

Your subscription to the Service continues on a month-to-month basis unless terminated in accordance with these Terms.

7.2 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you provide notice of cancellation at least 30 days before the end of the current period.

7.3 Cancellation

You may cancel your subscription at any time by providing written notice to support@tutorbase.com or through your account settings. Cancellation will take effect at the end of the current billing period.

7.4 Account Downgrade

If you downgrade your subscription or reduce features, changes will take effect at the start of the next billing period. No refunds or credits will be provided for the current period.

• There are no refunds for partial months of service
• There are no refunds or credits for unused features or capacity
• Downgrading your account does not entitle you to a refund
• Fees paid are non-refundable except as expressly set forth in these Terms

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to the Service, other accounts, or connected systems
• Interfere with or disrupt the Service or servers
• Transmit viruses, malware, or other harmful code
• Send unsolicited communications (spam) through the Service
• Reverse engineer, decompile, or disassemble the Service
• Use the Service to compete with Tutorbase
• Resell, sublicense, or transfer the Service without authorization
• Circumvent any access controls or usage limits

You are responsible for ensuring your use of the Service complies with all applicable laws, regulations, and industry standards relevant to your business, including data protection and privacy laws.

10.1 Tutorbase Ownership

The Service, including all software, technology, designs, trademarks, logos, and content created by Tutorbase, is owned by Tutorbase Ltd. and is protected by copyright, trademark, and other intellectual property laws.

10.2 License Grant

Subject to these Terms, Tutorbase grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

10.3 Feedback

If you provide suggestions, ideas, or feedback about the Service ("Feedback"), you grant Tutorbase a perpetual, irrevocable, royalty-free license to use and incorporate such Feedback into the Service without any obligation to you.

The Service may integrate with or link to third-party applications, services, or websites. These include, but are not limited to:

• Authentication services (such as Clerk)
• Payment processors you choose to use
• Communication tools and messaging platforms
• Calendar and scheduling integrations

Your use of third-party services is governed by their respective terms of service and privacy policies. Tutorbase is not responsible for the availability, accuracy, or practices of any third-party services.

You acknowledge that Tutorbase shall not be liable for any loss or damage arising from your use of, or reliance on, any third-party services.

12.1 Availability

We strive to maintain high availability of the Service. However, we do not guarantee that the Service will be available at all times. The Service may be subject to scheduled maintenance, updates, or unscheduled interruptions due to technical issues.

12.2 Maintenance

We will endeavor to provide advance notice of scheduled maintenance that may affect Service availability. Non-critical maintenance is typically performed during off-peak hours.

12.3 Support

Support is available via email at support@tutorbase.com. We aim to respond to support inquiries within two business days.

12.4 Enterprise SLA

Enterprise customers may be eligible for a separate Service Level Agreement with enhanced availability commitments and priority support. Contact us for details.

13.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TUTORBASE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business
• Business interruption
• Loss of data or data corruption
• Loss of goodwill or reputation
• Any damages arising from your use of third-party services

13.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TUTORBASE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO TUTORBASE DURING THE TWELVE (12) CONSECUTIVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13.3 Trial and Free Users

For users on free trials or free tiers, Tutorbase's total aggregate liability shall not exceed one hundred United States dollars (USD $100.00).

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Error-free or uninterrupted operation
• Security from unauthorized access or data breaches

Tutorbase does not warrant that the Service will meet your specific requirements, that defects will be corrected, or that the Service is free of viruses or other harmful components.

15.1 Your Indemnification

You agree to indemnify, defend, and hold harmless Tutorbase, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• Your violation of these Terms
• Your Customer Data
• Your use of the Service
• Any third-party claims relating to your business operations

15.2 Tutorbase Indemnification

Tutorbase will defend you against any third-party claim alleging that the Service infringes a valid patent, copyright, or trademark, provided you promptly notify us of such claim, give us sole control of the defense, and cooperate with our defense.

16.1 Termination by You

You may terminate your subscription at any time by providing at least 30 days' written notice to Tutorbase. Termination will be effective at the end of the current billing period following the notice period.

16.2 Termination by Tutorbase

Tutorbase may terminate or suspend your access to the Service:

• Immediately, if you materially breach these Terms
• Immediately, if payment is more than 30 days overdue
• With 30 days' notice, for any other reason
• If required by law or to prevent harm to the Service or other users

16.3 Effect of Termination

Upon termination:

• Your right to access the Service will cease
• You will have 30 days to export your Customer Data
• After the export period, we may delete your Customer Data
• Accrued payment obligations remain due

16.4 Survival

Sections relating to intellectual property, limitation of liability, indemnification, dispute resolution, and governing law shall survive termination.

17.1 Good Faith Negotiation

Before initiating any formal dispute resolution, you agree to first attempt to resolve any dispute informally by contacting us at legal@tutorbase.com. We will attempt to resolve the dispute within 30 days.

17.2 Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms shall be finally resolved by binding arbitration under the HKIAC Administered Arbitration Rules in force at the time of commencement of the arbitration.

• The seat of arbitration shall be Hong Kong
• The arbitration shall be conducted in English
• For claims under USD $100,000, there shall be one arbitrator
• For claims of USD $100,000 or more, there shall be three arbitrators

17.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

17.4 Limitation Period

Any claim arising out of or relating to these Terms must be brought within two (2) years after the cause of action arises, or it will be permanently barred.

These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to its conflict of law principles.

For any matters not subject to arbitration under these Terms, the courts of Hong Kong shall have exclusive jurisdiction.

We reserve the right to modify these Terms at any time. For material changes, we will provide at least 30 days' advance notice via email to the account administrator or through a prominent notice in the Service.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms.

If you do not agree to the modified Terms, you may terminate your subscription in accordance with Section 16.

If you have any questions about these Terms or the Service, please contact us: