AllSmart Tutoring

Terms and Conditions Agreement

Effective date: August 9, 2026 · Last updated: August 9, 2026

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Introduction

These Terms and Conditions ("Terms," "Agreement," or "Terms of Service") constitute a legally binding agreement between AllSmart Tutoring LLC, a California limited liability company ("AllSmart Tutoring," "Company," "we," "us," or "our"), and any person or entity who accesses or uses AllSmartTutoring.com, its websites, applications, software, marketplace, educational services, digital products, communications, and related services (collectively, the "Platform").

By accessing, registering for, creating an account on, purchasing services through, teaching through, or otherwise using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree with these Terms, you may not use the Platform.

1. Description of the Platform

AllSmartTutoring.com is an educational technology and tutoring marketplace platform that may connect students, parents/guardians, tutors, instructors, educators, course creators, educational organizations, and other users.

Depending on the services offered at any particular time, the Platform may provide:

  • One-on-one tutoring
  • Group classes
  • Live online instruction
  • Recorded and self-paced courses
  • Test preparation
  • Academic assessments
  • Educational resources
  • Homework and study assistance
  • Adaptive learning tools
  • Artificial intelligence-assisted educational features
  • Educational content and practice materials
  • Tutor profiles and instructor directories
  • Communication and scheduling tools
  • Payment processing
  • Educational programs offered by third parties
  • Other educational or technology services

AllSmart Tutoring reserves the right to modify, expand, suspend, or discontinue any portion of the Platform at any time.

1.1 Service Modalities and Operational Rules

The Platform facilitates distinct educational modalities, each governed by specific operational rules:

One-on-One Tutoring

  • Individualized live sessions between one student and one tutor. Tutors and students are responsible for mutually agreeing upon the schedule, curriculum, and pace of these sessions using the Platform’s scheduling tools.

Group Classes

  • Live online instruction featuring one instructor and multiple students. Group classes operate on a fixed schedule determined by the instructor or the Company. Minimum and maximum enrollment thresholds may apply. If a group class fails to meet the minimum enrollment, AllSmart Tutoring reserves the right to cancel the class and issue applicable refunds.

Recorded and Self-Paced Courses

  • Pre-recorded digital educational products. Upon purchase, the student is granted a limited, non-exclusive, non-transferable, and revocable license to access the recorded course content for personal, non-commercial educational use. Unless otherwise stated at checkout, access is granted for the lifetime of the course’s availability on the Platform. Sharing login credentials to access recorded courses is strictly prohibited and will result in immediate account termination.

2. Eligibility and Age Requirements

Users must provide accurate information when creating an account.

Where required by applicable law, a parent or legal guardian must create or authorize an account for a minor. Tutors and instructors must meet any age, qualification, background-check, credential, experience, or other requirements established by AllSmart Tutoring for the services they provide. AllSmart Tutoring may request additional information or documentation to verify identity, qualifications, age, or eligibility. The Company reserves the right to refuse, suspend, or terminate an account that does not satisfy applicable eligibility requirements.

3. Account Registration

Users may be required to create an account to access certain Platform features. Users agree to:

  • Provide truthful, accurate, current, and complete information
  • Maintain the accuracy of their account information
  • Keep passwords and account credentials confidential
  • Notify AllSmart Tutoring promptly of unauthorized account use
  • Not permit another person to use their account where such use is prohibited
  • Not create multiple accounts for fraudulent or abusive purposes
  • Accept responsibility for activities conducted through their account

AllSmart Tutoring is not responsible for losses resulting from a user’s failure to protect account credentials.

4. Tutor and Instructor Profiles

Tutors and instructors may create profiles containing information such as:

  • Name
  • Professional photograph
  • Biography
  • Education
  • Degrees and certifications
  • Teaching experience
  • Areas of expertise
  • Subjects taught
  • Grade levels
  • Availability
  • Teaching methodology
  • Qualifications
  • Reviews and ratings
  • Introductory videos
  • Professional accomplishments
  • Other information approved by AllSmart Tutoring

Tutors and instructors are responsible for ensuring that all profile information is truthful, accurate, current, and not misleading. AllSmart Tutoring may review, edit, reject, suspend, or remove profile information that violates these Terms or applicable law.

5. Consent to Use Profile Information and Reviews for Marketing

By creating a tutor, instructor, educator, or course-provider profile on the Platform, the user grants AllSmart Tutoring a non-exclusive, worldwide, royalty-free license to use, reproduce, display, distribute, adapt, and publish information contained in the user’s public Platform profile for legitimate business, promotional, advertising, educational, and marketing purposes.

This may include displaying the user’s:

  • Name
  • Professional photography
  • Professional biography
  • Credentials
  • Teaching qualifications
  • Subjects
  • Areas of expertise
  • Introductory video
  • Reviews and student testimonials
  • Ratings
  • Professional achievements
  • Other publicly displayed professional profile information

Furthermore, by submitting reviews, ratings, or testimonials, students, parents, and users grant AllSmart Tutoring a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and publish their reviews and ratings for promotional, advertising, and marketing purposes. The Company may use these reviews in full or edited for length or clarity, provided that the meaning is not materially altered.

Such use may occur on AllSmartTutoring.com, AllSmart Tutoring social media accounts, search-engine advertising, digital advertisements, flyers, brochures, newsletters, promotional emails, educational guides, blog posts, promotional videos, online advertising platforms, presentations, marketing campaigns, and other Company-controlled promotional channels.

The purpose of this provision is to promote the AllSmart Tutoring marketplace, its tutors, courses, instructors, and educational services.

This license does not authorize AllSmart Tutoring to falsely represent that a tutor endorses a product, service, political position, or third-party organization.

Users may request the removal of their profile information or reviews from marketing materials by contacting the Company at admin@allsmarttutoring.com, except where such information has been integrated into irrevocable or widely distributed marketing materials.

Where required by law, additional consent may be obtained for particular uses.

6. Marketing Communications and Newsletters

By registering for the Platform, users may receive administrative communications necessary to operate their accounts and use the Platform.

Users may also receive promotional communications, including newsletters, new course announcements, tutor announcements, promotions, discounts, educational resources, platform updates, special offers, events, surveys, product announcements, and other marketing communications.

Users may unsubscribe from promotional marketing emails using the unsubscribe mechanism contained in the applicable communication.

Unsubscribing from marketing communications does not necessarily prevent the Company from sending important transactional or service-related communications, including account notices, payment notices, security alerts, policy updates, and other communications necessary to administer the user’s account. Users agree that AllSmart Tutoring may use email addresses and other permitted contact information in accordance with the Company’s Privacy Policy and applicable law.

7. Tutor Commission and Platform Fees

Unless otherwise stated in a separate written agreement, AllSmart Tutoring may charge tutors or instructors a commission or platform fee for services facilitated through the Platform. The applicable commission rate may be displayed during onboarding, within the tutor dashboard, in a tutor agreement, or otherwise communicated by AllSmart Tutoring.

Unless otherwise agreed in writing, the current standard marketplace commission may be 20% of the applicable tutoring transaction, with the remaining amount payable to the tutor subject to applicable deductions, refunds, chargebacks, payment-processing adjustments, taxes, and other permitted deductions. For recorded courses or other digital educational products, AllSmart Tutoring may apply a separate platform commission or revenue-sharing arrangement.

AllSmart Tutoring reserves the right to modify commission rates upon reasonable notice. A tutor’s continued use of the Platform after a revised commission becomes effective constitutes acceptance of the revised rate.

8. Student Service Fees

AllSmart Tutoring may charge students or customers a service fee of up to 5% in connection with transactions conducted through the Platform. Any applicable service fee will be disclosed during checkout or otherwise made available before completion of a transaction. The Company reserves the right to modify service fees upon appropriate notice.

9. Payment Processing

Payments may be processed through third-party payment processors. Users agree to provide accurate payment information and authorize applicable charges.

AllSmart Tutoring does not directly store certain sensitive payment information when payment processing is handled by third-party payment providers. Users may be subject to the terms and privacy policies of applicable payment processors.

10. No Off-Platform Transactions

AllSmart Tutoring operates as a marketplace and technology platform and invests resources in recruiting tutors, attracting students, maintaining technology, processing payments, providing customer support, marketing, and operating the Platform.

Accordingly, tutors, instructors, students, parents, and other users agree not to circumvent the Platform by arranging or completing transactions outside AllSmartTutoring.com when the relationship originated through the Platform.

Users must not intentionally move a Platform-generated tutoring relationship to:

  • Direct cash payments
  • Personal checks
  • Venmo
  • Zelle
  • PayPal
  • Direct bank transfers
  • Cryptocurrency
  • Another tutoring platform
  • A personal website
  • Private arrangements
  • Any other off-platform payment or arrangement intended to avoid applicable AllSmart Tutoring fees

This restriction applies during the user’s participation on the Platform and for the period specified in any applicable tutor or marketplace agreement.

11. Strict Prohibition on Exchanging Personal Contact Information

To protect students, tutors, families, and the integrity of the marketplace, users are prohibited from exchanging personal contact information through Platform communications when the purpose or effect is to circumvent Platform policies or conduct tutoring outside the Platform.

Prohibited information may include:

  • Personal telephone numbers
  • Personal email addresses
  • Home addresses
  • Personal social-media accounts
  • WhatsApp numbers
  • Telegram accounts
  • Personal Skype or messaging IDs
  • Personal payment information
  • Banking information
  • Personal websites used to circumvent the Platform
  • Private payment links
  • Other information intended to move the relationship outside the Platform

Users must use the communication, scheduling, and payment mechanisms provided or authorized by AllSmart Tutoring.

Zero-Tolerance Policy

Attempting to exchange personal contact information for the purpose of bypassing AllSmart Tutoring or establishing an unauthorized off-platform relationship may result in immediate suspension or termination of the user’s account, without prior warning.

The Company may also withhold or cancel pending payments, restrict access to Platform services, investigate the incident, and take other lawful action where appropriate.

Nothing in this provision is intended to prohibit communications or disclosures that are legally protected or required by law.

12. Child and Student Safety

AllSmart Tutoring places student safety and educational integrity at the highest priority. Tutors and other users must maintain appropriate professional boundaries with students.

Tutors must not:

  • Engage in inappropriate communications with students
  • Request inappropriate photographs or videos
  • Engage in sexual or romantic communications with minors
  • Make sexually suggestive comments
  • Arrange unauthorized private meetings with minors
  • Encourage students to conceal communications from parents or guardians
  • Exploit students
  • Threaten students
  • Harass students
  • Bully students
  • Engage in discriminatory conduct
  • Engage in any conduct that could reasonably place a student at risk

Any suspected abuse, exploitation, grooming, harassment, or serious misconduct may result in immediate suspension or termination and may be reported to appropriate authorities where legally required or appropriate.

13. Code of Conduct for Tutors, Students, and Parents

All users must behave respectfully and professionally to maintain a productive educational environment.

General Rules for All Users

  • Treat tutors, students, parents, staff, and other users with respect and professional courtesy.
  • Follow applicable laws, regulations, and reasonable Platform instructions.
  • Avoid harassment, intimidation, bullying, or discriminatory conduct.

Specific Rules for Students and Parents

  • 1-on-1 & Group Classes: Students must attend live sessions from a quiet, distraction-free environment. For minor students, parents/guardians are responsible for ensuring the student’s learning environment is appropriate and safe.
  • Group Class Etiquette: Students must respect the learning experience of their peers. Disruptive behavior, inappropriate background noise, interrupting the instructor, or monopolizing class time is prohibited. Instructors reserve the right to mute or remove disruptive students from a live group session without a refund.
  • Recorded Courses: Students must not download, screen-record, reproduce, or distribute recorded course materials.

Specific Rules for Tutors

  • Maintain strict professional boundaries.
  • Begin and end live sessions promptly according to the scheduled time.
  • Ensure a professional background, appropriate attire, and a quiet environment during all live instruction.

14. Prohibited Conduct

Users may not use the Platform to:

  • Harass, threaten, stalk, bully, or intimidate another person
  • Discriminate against another person
  • Defame or knowingly spread false information about another person
  • Upload malicious software
  • Attempt to gain unauthorized access to Platform systems
  • Scrape, copy, or commercially exploit Platform data without authorization
  • Circumvent Platform security
  • Create fraudulent accounts
  • Impersonate another person
  • Misrepresent academic qualifications
  • Submit false credentials
  • Manipulate ratings or reviews
  • Post misleading or fraudulent content
  • Conduct unauthorized commercial activity
  • Solicit students or tutors for competing services in violation of applicable agreements
  • Circumvent Platform commissions
  • Exchange personal contact information to bypass Platform policies
  • Request or disclose unnecessary sensitive personal information
  • Engage in sexually inappropriate conduct
  • Exploit or groom minors
  • Use the Platform for illegal activities
  • Upload content that infringes copyright, trademark, privacy, or other rights
  • Use automated systems to interfere with Platform operation
  • Attempt to reverse engineer the Platform
  • Collect personal information from other users without authorization
  • Use another person’s account
  • Sell, transfer, or share an account where prohibited
  • Submit content containing viruses or harmful code
  • Engage in any conduct that may harm AllSmart Tutoring, its users, or the integrity of the educational marketplace

15. Academic Integrity

The Platform may be used for tutoring, teaching, studying, and educational assistance. Users must not use AllSmart Tutoring to facilitate academic dishonesty.

Students may not request tutors or Platform services to:

  • Complete graded assignments dishonestly
  • Take examinations on behalf of a student
  • Complete admissions applications deceptively
  • Write work that is represented as entirely the student’s own where prohibited
  • Circumvent school academic-integrity policies
  • Engage in cheating or fraud

Tutors are expected to promote learning rather than facilitate academic misconduct.

16. Tutor Qualifications and Representations

Tutors are responsible for the accuracy of all qualifications, certifications, degrees, licenses, professional experience, and other credentials listed on their profiles.

A tutor must not:

  • Claim credentials they do not possess
  • Misrepresent professional experience
  • Falsify academic qualifications
  • Misrepresent teaching experience
  • Submit fraudulent documents
  • Mislead students regarding expertise

AllSmart Tutoring may verify credentials or request supporting documentation.

17. Background Checks and Verification

Where applicable, AllSmart Tutoring may conduct or obtain background checks, identity verification, credential verification, reference checks, or other screening.

Completion of a screening process does not constitute a guarantee that a tutor is suitable for every student. AllSmart Tutoring reserves the right to deny or discontinue access based on screening results or other legitimate business, safety, or compliance considerations.

18. Tutor Independent Status

Unless expressly stated otherwise in a separate written agreement, tutors and instructors using the marketplace are independent service providers and are not employees of AllSmart Tutoring solely because they use the Platform.

Tutors are responsible for complying with applicable tax, licensing, professional, business, and legal requirements applicable to their activities.

Nothing in these Terms creates an employment relationship, partnership, joint venture, franchise, or agency relationship between AllSmart Tutoring and a tutor unless separately agreed in writing.

19. Class Cancellation, Rescheduling, and Attendance

Tutors and students are expected to honor scheduled lessons. The following operational rules apply based on the service modality:

One-on-One Tutoring

  • Students may cancel or reschedule a 1-on-1 session without penalty if notice is provided through the Platform at least twenty-four (24) hours prior to the scheduled start time. Cancellations made within 24 hours, late arrivals exceeding 15 minutes, or no-shows will result in the student being charged the full fee for the session. Tutors who repeatedly cancel or fail to show up for scheduled sessions may face account suspension or termination.

Group Classes

  • Because group classes rely on fixed schedules and minimum enrollments, individual student absences or missed sessions cannot be rescheduled or refunded. If an instructor must cancel a specific group class session, a make-up session will be scheduled, or a prorated refund will be issued to the enrolled students for that specific session.

System/Technical Failures

  • If a live class (1-on-1 or Group) cannot be conducted due to verifiable Platform outages or instructor-side technical failures, the session will be rescheduled at no additional cost to the student.

20. Refunds and Disputes

Refund eligibility is determined by the specific service modality purchased. The Company’s baseline refund policies are as follows:

One-on-One Tutoring

  • Refunds are only provided for sessions that were cancelled with appropriate 24-hour notice, or in cases where the tutor failed to attend the session. Completed sessions are non-refundable.

Group Classes

  • Students may request a full refund for a group class if the request is submitted at least 48 hours before the first scheduled session. Once the group class has commenced, no refunds will be issued for student withdrawals, missed sessions, or schedule conflicts.

Recorded Courses and Digital Products

  • Due to the immediate access to digital content, all sales of recorded courses, downloadable materials, and self-paced curricula are final and non-refundable once the content has been accessed, viewed, or downloaded, unless required by applicable consumer protection law.

Dispute Resolution

  • AllSmart Tutoring may investigate disputes involving technical problems, tutor/student misconduct, quality concerns, or fraud. The Company reserves the right to make final, binding decisions regarding adjustments, credits, or payment reversals in accordance with applicable law.

21. Reviews and Ratings

Users may be permitted to submit reviews and ratings. Reviews must be truthful and based on genuine experience.

Users may not:

  • Submit fraudulent reviews
  • Review themselves
  • Manipulate ratings
  • Pay for positive reviews
  • Threaten another user with a negative review
  • Post knowingly false allegations
  • Use reviews to harass another person
  • Create multiple accounts to manipulate ratings

AllSmart Tutoring may remove reviews that violate these Terms.

22. User-Generated Content

Users may submit profile information, photographs, videos, reviews, educational materials, comments, course content, questions, and other materials ("User Content"). Users retain ownership of their User Content, subject to the licenses granted to AllSmart Tutoring under these Terms.

By submitting User Content, the user grants AllSmart Tutoring a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, distribute, modify, adapt, and use the content as reasonably necessary to operate, improve, advertise, and promote the Platform. Users represent that they have all necessary rights to submit the content.

23. Educational Content and Intellectual Property

AllSmart Tutoring and/or its licensors own or control the Platform and its proprietary materials, including, as applicable:

  • Website design
  • Software
  • Logos
  • Branding
  • Graphics
  • Text
  • Videos
  • Course materials
  • Assessment materials
  • Worksheets
  • Databases
  • Platform functionality
  • Algorithms
  • AI tools
  • Learning systems
  • Trademarks
  • Copyrighted materials
  • Other proprietary content

Users may not copy, reproduce, distribute, sell, modify, reverse engineer, scrape, or commercially exploit such materials without written authorization.

24. Tutor-Created Course Materials

Tutors and instructors remain responsible for ensuring that course materials they upload do not infringe third-party intellectual-property rights.

Tutors must not upload:

  • Unauthorized copyrighted textbooks
  • Pirated materials
  • Stolen course content
  • Confidential employer materials
  • Confidential school materials
  • Test materials that are not authorized for distribution
  • Content for which they lack the necessary rights

By uploading materials, tutors grant AllSmart Tutoring a non-exclusive, worldwide, royalty-free license to host, display, and make such materials available to students who purchase the applicable course or service.

25. Artificial Intelligence Features

AllSmart Tutoring may incorporate artificial intelligence ("AI") into certain Platform features.

AI may be used to provide educational assistance, personalized practice, learning recommendations, explanations, content suggestions, assessments, study assistance, or other educational functionality.

AI-generated information may contain errors and should not automatically be considered authoritative. Users should verify important academic information with qualified instructors or reliable educational sources. Users must not use AI tools to generate unlawful, abusive, fraudulent, or harmful content.

26. Privacy

Use of the Platform is also subject to the AllSmart Tutoring Privacy Policy. The Privacy Policy describes how AllSmart Tutoring may collect, use, store, disclose, and protect personal information. Users should review the Privacy Policy before using the Platform.

27. Confidentiality

Users may receive confidential information concerning students, families, tutors, courses, business operations, or the Platform. Users agree not to improperly disclose or misuse confidential information.

Tutors must exercise particular care with student information and must not publicly disclose student names, academic records, photographs, personal circumstances, or other confidential information without appropriate authorization.

28. Recording of Online Sessions

AllSmart Tutoring may record online tutoring sessions for quality assurance, training, security, and dispute resolution purposes. By using the Platform, tutors, students, and parents acknowledge and consent to such recording, subject to applicable law.

Where recording functionality is available, recording may be subject to applicable consent and privacy requirements. Tutors and students must not independently record, distribute, publish, or commercially exploit tutoring sessions without obtaining any consent required by law and the applicable Platform policies.

AllSmart Tutoring may establish additional rules concerning recordings.

29. Platform Monitoring and Moderation

To protect users and maintain Platform integrity, AllSmart Tutoring may monitor, moderate, review, investigate, or restrict activity on the Platform to the extent permitted by applicable law.

This may include reviewing user reports, messages, profile information, reviews, transactions, course materials, account activity, safety concerns, and potential violations of these Terms.

AllSmart Tutoring does not guarantee that every violation will be detected.

30. Suspension and Termination

AllSmart Tutoring may suspend, restrict, or terminate an account when it reasonably believes that the user:

  • Violated these Terms
  • Violated another applicable agreement
  • Engaged in fraud
  • Attempted to circumvent Platform fees
  • Exchanged personal contact information to bypass the Platform
  • Solicited off-platform transactions
  • Endangered another user
  • Engaged in inappropriate conduct
  • Submitted false qualifications
  • Infringed intellectual-property rights
  • Abused Platform functionality
  • Violated applicable law
  • Created a risk to the Company, its users, or the Platform

Immediate Termination

Certain violations may result in immediate termination without prior warning, including but not limited to:

  • Attempting to circumvent AllSmart Tutoring commissions
  • Soliciting or arranging unauthorized off-platform transactions
  • Exchanging personal contact information for the purpose of bypassing Platform rules
  • Fraud
  • Identity misrepresentation
  • Falsification of qualifications
  • Sexual misconduct
  • Grooming or exploitation of minors
  • Threats of violence
  • Serious harassment
  • Theft or misuse of confidential information
  • Unauthorized access to Platform systems
  • Serious intellectual-property violations
  • Other conduct that AllSmart Tutoring reasonably determines creates a serious safety, legal, financial, or reputational risk

Termination may occur without refund except where a refund is required by applicable law or the Company’s applicable refund policy.

31. Effect of Termination

Upon termination:

  • The user’s Platform access may immediately cease
  • Pending bookings may be cancelled
  • The user may lose access to Platform features
  • Promotional or marketplace visibility may be removed
  • Certain payments may be withheld or adjusted where permitted by law and applicable agreements
  • The user must stop representing themselves as an active Platform participant
  • Provisions that by their nature should survive termination will remain effective

32. Reporting Violations

Users may report suspected fraud, harassment, student-safety concerns, inappropriate tutor conduct, off-platform solicitation, personal-information exchange, academic misconduct, copyright violations, or other Terms violations through the reporting mechanism provided by AllSmart Tutoring.

Users should provide accurate information when making a report.

False or malicious reports may themselves constitute a violation of these Terms.

33. Disclaimers

AllSmart Tutoring provides a technology platform and educational marketplace. Except as expressly stated, the Company does not guarantee:

  • A particular academic result
  • Admission to a particular school
  • A particular test score
  • Improvement by a particular amount
  • Tutor availability
  • Compatibility between a student and tutor
  • Uninterrupted Platform availability
  • Error-free operation
  • Accuracy of every piece of educational information

Educational outcomes vary based on numerous factors.

The Company makes no warranties, express or implied, regarding the Platform or services, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by law.

34. Third-Party Services

The Platform may contain links, integrations, payment services, educational resources, advertisements, or services provided by third parties. AllSmart Tutoring is not responsible for the content, policies, availability, or performance of third-party services. Users should review the applicable third-party terms and privacy policies.

35. Limitation of Liability

To the maximum extent permitted by applicable law, AllSmart Tutoring and its owners, officers, employees, contractors, affiliates, licensors, and service providers shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising from use of or inability to use the Platform.

To the maximum extent permitted by law, the aggregate liability of AllSmart Tutoring arising from a user’s use of the Platform shall be limited to the amount paid by that user to AllSmart Tutoring for the applicable services during the applicable period, subject to applicable law. Nothing in these Terms is intended to waive rights that cannot legally be waived.

36. Indemnification

To the extent permitted by law, users agree to indemnify and hold harmless AllSmart Tutoring, its owners, employees, officers, contractors, affiliates, and service providers from claims, losses, liabilities, damages, costs, and expenses arising from:

  • The user’s violation of these Terms
  • The user’s User Content
  • The user’s misconduct
  • Fraudulent activity
  • Violation of another person’s rights
  • Violation of applicable law
  • Unauthorized use of the Platform
  • Unauthorized transactions or communications

37. Changes to These Terms

AllSmart Tutoring may modify these Terms from time to time. Updated Terms may be posted on the Platform with a revised effective date. Where required by law, AllSmart Tutoring will provide additional notice of material changes. Continued use of the Platform after the effective date of revised Terms constitutes acceptance of the revised Terms to the extent permitted by law.

38. Electronic Communications and Signatures

By using the Platform, users consent to receive communications electronically. Electronic notices, agreements, acknowledgments, and records may satisfy applicable legal requirements for written communications and signatures to the extent permitted by law.

39. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of California, without regard to conflict-of-law principles, except to the extent applicable law requires otherwise.

Before initiating formal legal proceedings, the parties agree to attempt to resolve disputes informally by contacting AllSmart Tutoring at admin@allsmarttutoring.com. If a dispute cannot be resolved informally, it shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in California, unless otherwise agreed by the parties. The arbitrator shall have the authority to grant injunctive or other equitable relief.

40. Class Action Waiver

To the fullest extent permitted by law, all disputes must be resolved on an individual basis. Users agree not to bring or participate in any class, consolidated, or representative action against AllSmart Tutoring. The arbitrator shall have no authority to consolidate claims or conduct a class proceeding.

41. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

42. No Waiver

Failure by AllSmart Tutoring to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision in the future.

43. Assignment

Users may not assign or transfer their rights or obligations under these Terms without written authorization from AllSmart Tutoring.

AllSmart Tutoring may assign or transfer these Terms in connection with a merger, acquisition, restructuring, sale of assets, or other lawful business transaction.

44. Entire Agreement

These Terms, together with the Privacy Policy, applicable Tutor Agreement, refund policies, marketplace policies, and other policies expressly incorporated into these Terms, constitute the agreement between the user and AllSmart Tutoring regarding use of the Platform.

Where a separately signed agreement conflicts with these Terms, the separately signed agreement will control to the extent expressly stated.

45. Force Majeure

AllSmart Tutoring shall not be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, pandemics, epidemics, or disruptions of telecommunications or internet services.

46. Notices

All notices required or permitted under these Terms shall be in writing and shall be deemed delivered when sent to the email address associated with the user’s account. Users are responsible for keeping their account email address current.

47. Contact Information

Questions regarding these Terms may be directed to:

AllSmart Tutoring LLC

Website: AllSmartTutoring.com

Email: admin@allsmarttutoring.com

48. User Acknowledgment and Acceptance

By using the Platform, users acknowledge that:

  • They have read these Terms
  • They understand these Terms
  • They agree to comply with these Terms
  • They understand the Platform’s commission and fee structure applicable to them
  • They understand the prohibition against circumventing Platform fees
  • They understand the restrictions concerning exchange of personal contact information
  • They understand that serious violations may result in immediate termination
  • They agree to comply with the Code of Conduct
  • They agree to comply with applicable privacy and safety requirements
  • They agree to the applicable AllSmart Tutoring policies
  • They consent to the recording of tutoring sessions for quality assurance, training, and dispute resolution

BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THESE TERMS AND CONDITIONS.

Tutor-Specific Acknowledgment

Tutors and instructors additionally acknowledge that:

  • They are responsible for the accuracy of their qualifications and profile
  • They agree to the applicable AllSmart Tutoring commission
  • They will conduct tutoring professionally
  • They will maintain appropriate boundaries with students
  • They will not circumvent the Platform
  • They will not solicit students for unauthorized off-platform services
  • They will not exchange personal contact information for the purpose of circumventing the Platform
  • They will protect student confidentiality
  • They will comply with applicable child-safety requirements
  • They will not facilitate academic dishonesty
  • They will respect AllSmart Tutoring intellectual property
  • They understand that serious violations may result in immediate termination

Parent/Student Acknowledgment

Parents, guardians, and students additionally acknowledge that:

  • Tutoring services are educational services and do not guarantee a particular academic outcome
  • Users must provide accurate information
  • Students must behave respectfully toward tutors
  • Students must follow Platform rules
  • Students must not use the Platform to circumvent payment requirements
  • Students must not solicit tutors for unauthorized off-platform services
  • Users should report safety or misconduct concerns promptly
  • Parents/guardians remain responsible for supervising minors as appropriate to their circumstances and applicable law
  • They understand the distinct cancellation and refund policies applying to 1-on-1 classes, group classes, and recorded courses
  • They understand that group class enrollments are final once the course begins, and missed sessions are not refundable
  • They agree not to share account login credentials to provide unauthorized individuals access to recorded courses