1. Agreement to these Terms
These Terms of Service ("Terms") are a binding agreement between you ("you", "Tutor") and Tutary ("Tutary", "we", "us") governing your access to and use of the Tutary applications, websites, and services (together, the "Service"). By creating an account, ticking the acceptance box, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
2. The Service
Tutary is a workspace for independent tutors and small tutoring businesses to manage students, lessons, notes, homework, payments, and parent communications. We may add, change, or remove features at any time. We provide the Service on an "as available" basis and may set reasonable usage limits by plan.
3. Eligibility and your account
You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for the accuracy of your account information, for keeping your credentials confidential, and for all activity under your account. Notify us promptly of any unauthorised use. One person or business per account unless your plan expressly allows additional seats.
4. Acceptable use
You agree not to: (a) use the Service unlawfully or to harm others; (b) upload content that is illegal, infringing, or that you lack the right to share; (c) attempt to breach security, scrape, reverse-engineer, or overload the Service; (d) resell or provide the Service to third parties except as your plan permits; or (e) use the Service to send spam or unlawful communications. We may suspend access for conduct that violates these Terms or risks harm to the Service or others.
5. Students, parents, and their personal data
You decide what student and parent information you record in Tutary. As between you and Tutary, you are the controller of that personal data and Tutary processes it on your behalf and on your instructions to provide the Service. You are responsible for having a lawful basis to collect and use that data — including, where students are minors, obtaining any consent required from a parent or guardian — and for providing any privacy notices required by applicable law.
You must not store more personal data than you need, and you must honour requests from students or parents to access, correct, or delete their data. We provide tools to export and delete data to help you meet these obligations. We maintain reasonable technical and organisational measures to protect data, isolate each tutor’s data, and we do not sell personal data.
6. Communications (email and WhatsApp)
The Service can help you draft and send updates, reminders, and messages to parents by email or via WhatsApp deep links. You are responsible for the content you send and for ensuring recipients have consented to receive messages from you. WhatsApp messages are sent through your own device/account; Tutary does not send them on your behalf and is not responsible for their delivery. You agree to comply with anti-spam and messaging laws that apply to you.
7. Subscriptions, billing, and taxes
Paid plans are billed in advance on a recurring basis (monthly or annually) through our authorised payment provider, which may act as the Merchant of Record and add applicable taxes at checkout. Subscriptions renew automatically until cancelled. You can cancel at any time; cancellation takes effect at the end of the current billing period and you retain paid features until then. Except where required by law, fees are non-refundable and partial periods are not pro-rated. We may change prices on prospective renewals with reasonable notice.
8. Your content and data
You retain all rights to the content and data you put into the Service ("Your Content"). You grant Tutary a limited licence to host, process, and display Your Content solely to operate and improve the Service for you. You can export Your Content at any time, and you may delete it; some data may persist in backups for a limited period before being purged.
9. AI-assisted features
Some features use AI to help draft parent updates and similar text from your notes. AI output may be inaccurate or incomplete — you are responsible for reviewing and editing anything before you send or rely on it. We do not guarantee any particular result and AI suggestions are not professional advice.
10. Third-party services
The Service integrates with third parties (for example payment, email, messaging, and AI providers). Your use of those services may be subject to their own terms, and we are not responsible for third-party services or their availability.
11. Intellectual property
The Service, including its software, design, and trademarks, is owned by Tutary and its licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable right to use the Service under these Terms. You may not copy, modify, or create derivative works of the Service except as permitted by law.
12. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that data will never be lost.
13. Limitation of liability
To the maximum extent permitted by law, Tutary will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total liability for any claim relating to the Service will not exceed the amount you paid to us for the Service in the twelve (12) months before the event giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded by law.
14. Indemnification
You agree to indemnify and hold Tutary harmless from claims, damages, and costs (including reasonable legal fees) arising from Your Content, your use of the Service, your communications with parents and students, or your breach of these Terms or of applicable law (including data-protection law).
15. Suspension and termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms, fail to pay, or to protect the Service or others. On termination, your right to use the Service ends; you may export Your Content beforehand, and we will delete or anonymise data in line with our retention practices.
16. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or in-app). Your continued use of the Service after changes take effect means you accept the updated Terms.
17. Governing law and disputes
These Terms are governed by the laws of the jurisdiction in which Tutary is established, without regard to conflict-of-laws rules, and you agree to the exclusive jurisdiction of its courts, except where mandatory local consumer law gives you other rights.
18. Contact
Questions about these Terms? Contact us at support@tutary.online.