Terms of Service

Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of Tobey's Tutor's website, products, and services ("Services"). Please read these Terms carefully before using our Services.

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the Terms, you may not access the Services.

Age Requirements

Parents must be 18 or older to create an account. This service is designed for children ages 8-16.

Account Registration

To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Educational Data and Privacy Choices

During account setup, you will choose your preferred privacy level for sharing educational information about your child. You may select either:

You may change your privacy level selection at any time through your account dashboard. We will handle all educational information in accordance with applicable privacy laws, including FERPA and GDPR where applicable.

You acknowledge that any educational records or information you choose to share will be used solely for the purpose of personalizing your child's tutoring experience and will not be shared with third parties or used to train external AI models.

Subscriptions and Payments

Some parts of the Services are billed on a subscription basis. You will be billed in advance on a recurring and periodic basis (monthly or annually, depending on the subscription plan you select). Billing cycles are set on a recurring basis, starting on the date your subscription begins.

• Auto-renewal: Your subscription will automatically renew at the end of each billing period unless you cancel it or we terminate it. You may cancel your subscription renewal by contacting us or through your account settings.
• Free Trial: We offer a 7-day free trial for new users. If you do not cancel during the free trial period, you will be automatically charged for the subscription plan you selected.
• Refunds: Refunds are handled on a case-by-case basis. Please contact our customer support team to request a refund.

Acceptable Use Policy

You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way
• To share false, misleading, or inaccurate information about your child's educational needs or learning profile
• To attempt to circumvent, disable, or otherwise interfere with security-related features of the Services
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
• To impersonate or attempt to impersonate Tobey's Tutor, a Tobey's Tutor employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm Tobey's Tutor or users of the Services or expose them to liability

Educational Content and AI Tutoring

Our Services provide AI-powered tutoring personalized to your child's learning needs. You understand and agree that:

• Our AI tutoring is designed to supplement, not replace, traditional educational instruction
• While we strive for accuracy, our Services are not a substitute for professional educational assessment or intervention
• You remain responsible for your child's overall educational progress and any decisions regarding their learning needs
• Our AI responses are generated based on the information you provide and general educational best practices

Safety Monitoring and Child Welfare

Safety Monitoring: The Platform employs automated safety monitoring to detect potential student welfare concerns. Parents will be notified of safety concerns while maintaining appropriate privacy boundaries.

Mandatory Disclosure: By using this service, parents acknowledge that certain safety concerns will trigger automatic notification protocols.

You understand and agree that our safety monitoring systems are designed to help identify potential concerns but are not infallible. Parents remain responsible for their child's wellbeing and for seeking appropriate professional help when needed.

Intellectual Property Rights

The Services and their original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Tobey's Tutor and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tobey's Tutor.

User-Generated Content and Educational Information

Our Services may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material, including educational information about your child. You are responsible for the content that you post to the Services, including its legality, reliability, and appropriateness.

Educational Information

By providing educational information about your child (through questionnaires, uploaded documents, or other means), you represent and warrant that:

• You have the legal authority to share this information
• The information is accurate to the best of your knowledge
• You understand how this information will be used as described in our Privacy Policy
• If sharing educational records, you confirm this will not negatively impact any educational funding, services, or benefits your child receives

Content License

By posting content to the Services, you grant us a limited, non-exclusive license to use, process, and analyze such content solely for the purpose of providing personalized tutoring services to your child. You retain all ownership rights to any content you submit.

You represent and warrant that: (i) the content is yours or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Data Rights and Educational Privacy

You have the right to:

• Access, review, and update your child's educational information at any time
• Request deletion of your child's educational information
• Export your data in a portable format
• Change your privacy level selection
• Receive notice of any material changes to how we handle educational information

We comply with applicable educational privacy laws, including FERPA, and will handle all educational information in accordance with our Privacy Policy.

Limitation of Liability

In no event shall Tobey's Tutor, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Services.

Educational Outcomes: While we strive to provide high-quality tutoring services, we make no guarantees regarding specific educational outcomes or improvements in your child's academic performance.

Mental Health Services: Tobey's Tutor is not a mental health service and cannot provide crisis intervention. Parents remain responsible for their child's wellbeing and seeking appropriate professional help.

Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

Data Upon Termination: Upon termination of your account, you may request export of your child's educational information. We will delete your child's educational information in accordance with our data retention policies and applicable law.

If you wish to terminate your account, you may simply discontinue using the Services, or contact us to request account deletion.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Educational Privacy Changes: For any changes that materially affect how we collect, use, or share educational information, we will provide additional notice and may require renewed consent.

Governing Law and Compliance

These Terms shall be interpreted and governed by the laws of the United States and the State of New York, without regard to conflict of law provisions.

We comply with applicable federal and state educational privacy laws, including the Family Educational Rights and Privacy Act (FERPA) and, where applicable, the General Data Protection Regulation (GDPR).

Contact Us

If you have any questions about these Terms, please contact us at: