Last Updated: 10/12/2024
Welcome to Toucademy, LLC (“we,” “us,” or “our”). By accessing or using our online tutoring services (“Services”), you agree to comply with and be bound by these Terms and Conditions (“Terms”). Please read them carefully before proceeding.
1. Acceptance of Terms
By using our Services, you confirm that you have read, understood, and agree to these Terms and the Privacy Policy incorporated herein. If you do not agree with any part of these Terms, please do not use our Services.
2. Eligibility
Our Services are intended for individuals between the ages of 6 and 18. If the Services are used by a minor, a parent or legal guardian must:
- Create the account on the minor’s behalf.
- Provide consent for the minor’s use of the Services.
- Acknowledge and agree to be bound by these Terms on behalf of the minor.
By creating an account, the parent or legal guardian:
- Confirms that they are legally authorized to act on behalf of the minor.
- Accepts full responsibility for the minor’s compliance with these Terms, including conduct and use of the Services.
- Agrees that all communications (emails, SMS, or calls) related to the minor’s account will be directed to the parent or guardian.
Age Verification and Unauthorized Use
If we discover that an account was created in violation of these requirements (e.g., a minor created an account without parental consent), we reserve the right to suspend or terminate the account immediately without notice.
Limitation of Liability (Updated Clause)
We are not responsible for any unauthorized access or use of the Services by minors who do not have proper parental or guardian authorization. The parent or legal guardian assumes full liability for any activities or consequences resulting from the minor’s use of the Services.
3. Account Registration
3.1. Accurate Information: You agree to provide accurate, complete, and current information during registration and update it as necessary to keep it accurate. Providing false or misleading information may result in suspension or termination of your account.
3.2. Parental or Guardian Registration for Minors:
If the user is a minor under 18, a parent or legal guardian must:
- Create the account on the minor’s behalf.
- Provide explicit consent for the minor’s use of the Services.
- Agree to accept responsibility for the minor’s compliance with these Terms and ensure their appropriate use of the platform.
- Acknowledge that all communications, including emails, SMS, and phone calls, will be directed to the parent or guardian.
By creating the account, the parent or legal guardian confirms:
- They are legally authorized to act on behalf of the minor.
- They understand and agree to these Terms and the Privacy Policy.
- They assume all liability for the minor’s conduct while using the Services.
3.3. Account Security:
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you become aware of unauthorized access to your account, you must notify us immediately.
3.4. Account Termination for Violation:
We reserve the right to suspend or terminate any account that:
- Provides false or misleading information.
- Fails to meet the eligibility requirements.
- Violates any part of these Terms or the Code of Conduct.
4. Use of Services
4.1. Our Services are to be used solely for educational purposes.
4.2. You agree not to:
Engage in any activity that interferes with or undermines the functionality of the Services.
Attempt unauthorized access to the Services.
Upload malicious software or disrupt the operation of the platform.
5. Code of Conduct
All users (students, parents, and tutors) are required to maintain a high level of professionalism and respectful communication while using our platform.
5.1 General Conduct
- Any form of harassment, discrimination, or offensive language will not be tolerated.
- Participants must engage courteously and in good faith, ensuring a positive learning environment for all users.
- Users are prohibited from engaging in behavior that disrupts lessons or interferes with the Services.
5.2 Dress Code
All users, including tutors, must adhere to appropriate dress standards during video conferencing sessions.
Tutors are required to dress professionally (e.g., business casual) and avoid attire that could be considered revealing, offensive, or inappropriate for an educational setting.
Students are required to dress appropriately to maintain a respectful learning environment.
Failure to comply with these standards may result in warnings, temporary suspension from sessions, or permanent removal from the platform, at our discretion.
5.3 Tutor Conduct and Compliance
- Tutors must adhere to all company policies, including lesson guidelines, code of conduct, and dress code requirements, to ensure the respect and well-being of students and parents.
- Tutors are prohibited from engaging in inappropriate personal relationships or unprofessional conduct with students.
- Any complaints or concerns raised by clients regarding a tutor’s behavior will be investigated promptly.
6. Content and Intellectual Property
6.1. All materials provided through the platform, including but not limited to videos, lesson plans, and software, are protected under copyright and intellectual property laws.
6.2. You may use these materials only for personal, educational purposes. Unauthorized reproduction, distribution, or commercial use is strictly prohibited.
7. Privacy, Data Handling, and Consent for Communication
7.1. Data Collection and Use: We collect personal information, including but not limited to contact details, educational data, and user interactions, to provide, improve, and secure our Services.
7.2. Data Security: While we implement reasonable security measures, no transmission over the internet is entirely secure. You acknowledge that data transmissions are at your own risk.
7.3. Third-Party Sharing: We do not sell personal data to third parties. However, we may share your data with trusted service providers for operational purposes, subject to confidentiality obligations.
7.4. Data Breach Notification: In the event of a data breach, we will notify affected individuals as required by Florida law and applicable data protection laws.
7.5. Consent for Communication: By registering for our Services, you consent to receive emails, SMS messages, and phone calls regarding your account, lessons, and relevant updates. You may opt out of promotional messages by following the opt-out instructions provided in the communications.
8. Limitation of Liability
8.1. Data Loss or Security Breaches: We are not liable for any damages resulting from data loss, security breaches, or unauthorized access.
8.2. Service Interruptions: We are not responsible for interruptions or disruptions in the Services beyond our control, including internet or system outages.
8.3. Tutor Conduct: While we screen and vet tutors, we cannot guarantee their behavior. You release us from any liability arising from interactions between tutors and students.
8.4. General Limitation: To the fullest extent allowed by law, we disclaim liability for any indirect, incidental, or consequential damages, including loss of data or profits, arising from the use of our Services.
9. Indemnification
You agree to indemnify and hold harmless Toucademy, LLC, its affiliates, employees, directors, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorney’s fees) arising out of your violation of these Terms or misuse of the Services.
10. Termination
We reserve the right to terminate or suspend your account and access to the Services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.
11. Modifications to the Terms
We may update these Terms from time to time. If we make significant changes, we will notify you via email or through the platform. Your continued use of the Services constitutes your acceptance of the updated Terms.
12. Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Services shall be resolved exclusively in the courts of Florida.
13. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.
14. Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Toucademy, LLC regarding your use of the Services and supersede any prior agreements.
15. Force Majeure
We are not liable for any failure or delay in performance due to events beyond our control, such as natural disasters, strikes, or government restrictions.
16. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
- Email: toucademy@gmail.com
