Terms of Service

1. Introduction

1.1 These Terms of Service ("Terms") govern access to and use of the Tutorwise platform, website, applications, software, and related services (collectively, the "Platform") operated by Tutorwise Limited, a company registered in England and Wales ("Tutorwise", "we", "us", "our").

1.2 By accessing or using the Platform, you agree to be legally bound by these Terms. If you do not agree, you must not use the Platform.

1.3 These Terms apply to all users of the Platform, including Clients, Tutors, Agents, Organisations, and any other persons or entities accessing the Platform.

1.4 Tutorwise reserves the right to amend these Terms from time to time. Updated Terms will be published on the Platform and, unless otherwise stated, will take effect immediately upon publication. Continued use of the Platform following publication constitutes acceptance of the amended Terms.

2. Definitions

2.1 "Agent" means a user who makes or receives Referrals on the Platform, whether in addition to or separate from any other role.

2.2 "Client" means a user who engages Tutors for educational services, being either a learner aged 18 or over, or a parent or guardian acting on behalf of a learner.

2.3 "Tutor" means a user providing educational services via the Platform.

2.4 "Organisation" means a business, school, or entity subscribing to Tutorwise CRM and operational features.

2.5 "Platform" means the Tutorwise website, applications, software, APIs, and related services.

2.6 "Session" means a tutoring session delivered via or arranged through the Platform.

2.7 "Tuition Fee" means the total amount paid by a Client for a Session, exclusive of applicable taxes.

2.8 "Referral" means the introduction, recommendation, or connection of one user to another user as recorded and attributed by the Platform.

2.9 "Content" means any data, text, images, video, audio, documents, or other materials uploaded, shared, transmitted, or generated on or through the Platform.

3. Platform Role and Status

3.1 Tutorwise operates as a technology platform facilitating connections, transactions, and interactions between users. Tutorwise is not a tutoring provider.

3.2 Tutorwise is not a party to any agreement between Clients, Tutors, Agents, or Organisations for the provision of tutoring services unless expressly stated otherwise in writing.

3.3 Users acknowledge that Tutors, Agents, and Organisations operate as independent contractors and not as employees, workers, partners, joint venturers, or representatives of Tutorwise.

3.4 No user has authority to bind Tutorwise or to make representations on behalf of Tutorwise.

4. User Accounts and Eligibility

4.1 Users must be at least 18 years of age to create an account, unless acting through a parent or guardian.

4.2 Users must provide accurate, complete, and up-to-date information when creating and maintaining an account.

4.3 Users are solely responsible for maintaining the confidentiality of their account credentials and for all activities conducted under their account.

4.4 Users must notify Tutorwise immediately of any unauthorised access to or use of their account.

4.5 Tutorwise may suspend or terminate accounts that violate these Terms, applicable law, or Platform policies.

5. User Roles and Multi-Role Functionality

5.1 A user may hold multiple roles on the Platform simultaneously, including Client, Tutor, Agent, and Organisation representative.

5.2 Any user may act as an Agent by making or receiving Referrals, subject to these Terms and Platform rules.

5.3 The Platform enables bidirectional referrals, including but not limited to:

5.3.1 Client to Client 5.3.2 Tutor to Tutor 5.3.3 Tutor to Client 5.3.4 Client to Tutor 5.3.5 Agent to Agent

6. Referral System and Intellectual Property

6.1 Tutorwise has developed proprietary referral mechanisms, attribution logic, algorithms, and system architecture for facilitating referrals and allocating rewards on the Platform. Elements of this referral system are subject to intellectual property applications and are designated as "IP Pending".

6.2 Users acknowledge that the referral system, attribution mechanisms, data structures, and platform logic are owned, operated, and controlled exclusively by Tutorwise.

6.3 Participation in the referral system does not confer any ownership, licence, or rights in the referral system, algorithms, or platform architecture to any user.

6.4 Referral attribution is determined solely by Tutorwise's systems, algorithms, and records. Tutorwise's determination of referral attribution is final.

6.5 Tutorwise may modify referral rules, attribution mechanisms, eligibility criteria, and reward structures at any time without prior notice.

7. Prohibited Referral Conduct

7.1 The following conduct is strictly prohibited:

7.1.1 Self-referrals or referring oneself through alternative accounts; 7.1.2 Circular referrals designed to artificially generate commissions; 7.1.3 Creating multiple accounts to manipulate referral attribution; 7.1.4 Collusion with other users to manipulate referral outcomes; 7.1.5 Any fraudulent, deceptive, or artificial manipulation of the referral system.

7.2 Tutorwise may, at its sole discretion, suspend or terminate accounts, reverse referrals, withhold or claw back payments, and pursue legal remedies where prohibited conduct is detected or suspected.

8. Fees and Payments

8.1 All fees and charges, including platform fees, referral commissions, and subscription fees, are calculated from the Tuition Fee unless otherwise stated.

8.2 Tutorwise charges a platform fee on each successfully completed Session.

8.3 Where a Session results from a valid Referral, an Agent commission may be deducted from the Tuition Fee.

8.4 Current fees, commissions, and subscription rates are published on the Tutorwise pricing page and within the Platform. Tutorwise may update fees at any time with reasonable notice.

8.5 Payments are processed through third-party payment providers (including Stripe). Users agree to comply with the terms and conditions of such providers.

8.6 All fees are exclusive of VAT and other applicable taxes, which shall be added where required by law.

9. Payment Risk and Chargebacks

9.1 Tutors bear the commercial risk of chargebacks, payment reversals, refunds, and disputes arising from their Sessions, except where prohibited by applicable law.

9.2 Agent commissions may be reversed or clawed back where the underlying Session is refunded, reversed, disputed, or deemed invalid.

9.3 Tutorwise may withhold, offset, or deduct from payouts to recover chargebacks, disputes, refunds, or any amounts owed to Tutorwise.

9.4 Tutorwise is not liable for delays, failures, or errors in payments caused by third-party payment providers.

9A. Cancellations and Refunds

9A.1 Cancellations of Sessions are subject to Tutorwise's Cancellation and Refund Policy, as published on the Platform and available in the Help Centre.

9A.2 Client-initiated cancellations:

• 24 hours or more before the scheduled Session: Full refund to the Client (minus payment processing fees)
• Less than 24 hours before the scheduled Session: No refund; Tutor receives full payment
• Client no-show: No refund; Tutor receives full payment

9A.3 Tutor-initiated cancellations:

• At any time: Client receives full refund (minus payment processing fees); Tutor's CaaS (Credibility as a Service) reputation score is reduced
• Tutor no-show: Client receives automatic full refund (minus payment processing fees); Tutor's CaaS score is significantly reduced

9A.4 Payment Processing Fees:

• All payments are processed through Stripe, which charges a transaction fee (1.5% + £0.20 for UK/European cards)
• These fees are non-refundable and are retained by Stripe when refunds are issued
• Refund amounts reflect the net payment received after payment processing fees have been deducted
• This policy protects the Platform from absorbing payment processing costs

9A.5 Refunds are processed to the original payment method within 5-10 business days, subject to the processing times of the relevant payment provider.

9A.6 Tutorwise may grant refund exceptions in cases of medical emergencies, extreme circumstances, or platform technical issues, at its sole discretion.

9A.7 Commissions paid to Agents and platform fees are reversed proportionally when a refund is issued.

9A.8 Disputes regarding cancellations or refunds must be raised within 24 hours of the incident via the Platform. Tutorwise's decision on such disputes is final.

9A.9 The complete Cancellation and Refund Policy is available at: Help Centre - Cancellation Policy

10. Independent Contractor Relationship

10.1 Tutors, Agents, and Organisations are independent contractors. Nothing in these Terms creates an employment, worker, partnership, joint venture, agency, or fiduciary relationship between Tutorwise and any user.

10.2 Users operating as independent contractors are solely responsible for their own taxes, national insurance contributions, regulatory compliance, professional indemnity insurance, and all other legal and financial obligations.

10.3 Tutorwise does not control the manner, method, or means by which Tutors deliver their services.

11. Safeguarding and Minors

11.1 Users acknowledge that tutoring services may involve minors (persons under 18 years of age).

11.2 Tutors and Organisations providing services to minors are solely responsible for:

11.2.1 Obtaining and maintaining valid Enhanced DBS checks (or equivalent background checks in other jurisdictions); 11.2.2 Complying with all applicable safeguarding laws, regulations, and guidance; 11.2.3 Maintaining appropriate professional boundaries; 11.2.4 Reporting safeguarding concerns to appropriate authorities.

11.3 Tutorwise may request evidence of DBS checks or other safeguarding credentials and may suspend accounts pending verification.

11.4 Tutorwise does not guarantee the safety, suitability, or conduct of any user. Clients are responsible for assessing the suitability of Tutors for their needs.

12. Content and Conduct

12.1 Users must not upload, share, transmit, or generate Content that is:

12.1.1 Unlawful, defamatory, obscene, or harmful; 12.1.2 Infringing of intellectual property rights; 12.1.3 Misleading, fraudulent, or deceptive; 12.1.4 In violation of any person's privacy or data protection rights; 12.1.5 Harmful to minors.

12.2 Users grant Tutorwise a non-exclusive, royalty-free, worldwide licence to use, reproduce, modify, and display Content for the purposes of operating and promoting the Platform.

12.3 Tutorwise may remove Content or restrict access at its sole discretion without prior notice.

13. Data Protection and Privacy

13.1 Tutorwise processes personal data in accordance with UK GDPR, the Data Protection Act 2018, and the Tutorwise Privacy Policy.

13.2 Users who process personal data of other users (including Clients' or students' data) do so as independent data controllers and are responsible for their own compliance with data protection law.

14. Suspension and Termination

14.1 Tutorwise may suspend or terminate user access to the Platform immediately and without notice for:

14.1.1 Breach of these Terms; 14.1.2 Suspected fraud, abuse, or illegal activity; 14.1.3 Safeguarding concerns; 14.1.4 Non-payment of fees; 14.1.5 Any other reason at Tutorwise's sole discretion.

14.2 Users may terminate their account at any time by following the account closure procedure on the Platform or by contacting Tutorwise.

14.3 Upon termination:

14.3.1 Access to the Platform will cease immediately; 14.3.2 Outstanding fees remain payable; 14.3.3 Accrued referral commissions may be forfeited if termination results from breach of these Terms; 14.3.4 Provisions that by their nature should survive termination (including indemnity, limitation of liability, and intellectual property) shall continue in effect.

15. Dispute Resolution

15.1 Users agree to attempt to resolve disputes with Tutorwise informally by contacting support before initiating formal legal proceedings.

15.2 Disputes between users (including between Clients and Tutors) are to be resolved directly between those users. Tutorwise is not obligated to mediate or resolve such disputes.

15.3 Nothing in this section limits any statutory rights or access to courts, tribunals, or regulatory bodies.

16. Indemnity

16.1 Users agree to indemnify, defend, and hold harmless Tutorwise, its directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

16.1.1 The user's breach of these Terms; 16.1.2 The user's violation of applicable law; 16.1.3 The user's Content; 16.1.4 The user's provision of tutoring or other services; 16.1.5 Any dispute between the user and another user.

17. Liability and Disclaimers

17.1 The Platform is provided on an "as is" and "as available" basis without warranties of any kind, express or implied, to the fullest extent permitted by law.

17.2 Tutorwise does not warrant that:

17.2.1 The Platform will be uninterrupted, error-free, or secure; 17.2.2 Any particular level of income, Sessions, or Referrals will be achieved; 17.2.3 Tutors, Clients, or other users will be suitable, qualified, or reliable.

17.3 To the maximum extent permitted by law, Tutorwise excludes liability for:

17.3.1 Indirect, incidental, special, consequential, or punitive damages; 17.3.2 Loss of profits, revenue, data, or business opportunity; 17.3.3 The conduct, acts, or omissions of any user; 17.3.4 The quality or outcome of tutoring services.

17.4 Tutorwise's total aggregate liability to any user shall not exceed the total fees paid by that user to Tutorwise in the 12 months preceding the claim.

17.5 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.

18. Force Majeure

18.1 Tutorwise shall not be liable for any failure or delay in performing obligations under these Terms caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemics, government actions, power failures, internet or telecommunications failures, or third-party service provider failures.

19. Governing Law and Jurisdiction

19.1 These Terms are governed by and construed in accordance with the laws of England and Wales.

19.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms, save that Tutorwise may seek injunctive relief in any court of competent jurisdiction.

20. General Provisions

20.1 These Terms constitute the entire agreement between the user and Tutorwise regarding use of the Platform and supersede all prior agreements and understandings.

20.2 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

20.3 Tutorwise's failure to enforce any right or provision shall not constitute a waiver of that right or provision.

20.4 Users may not assign or transfer their rights or obligations under these Terms without Tutorwise's prior written consent. Tutorwise may assign its rights and obligations without restriction.

20.5 No third party shall have any rights to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.

21. Contact Information

21.1 For general enquiries: support@tutorwise.io

21.2 For legal enquiries: info@tutorwise.io

21.3 Tutorwise Limited Registered in England and Wales