TutorWand Private Limited (“TutorWand,” “us,” or “we”) owns and operates the TutorWand™ web and mobile-based platform (“TutorWand Platform” or “Platform”). The Platform helps teachers save time in conducting and grading exams and gives students more immediate feedback on work submitted. By accessing or using the TutorWand Platform, you agree to be bound by these Terms of Use (these “Terms”).
You represent that you are lawfully able to enter into contracts and agree to be bound by these Terms. If you have agreed to these Terms on behalf of your organization, you represent that you have the authority to bind that organization to these Terms.
If you do not agree with these terms, or if you do not have the necessary authority, then you may not use the TutorWand platform.
The TutorWand Platform is solely for use by teachers and students. Only Teachers and Students who agree to the Terms (each, a “User” or “you”) may use the TutorWand Platform.
In general, Teachers will invite their students to work with them on the Platform, Students may have access to the Platform as well. Users may access and use the Platform through web browsers through third-party browsers.
For Students under age 13, Parents must agree to the Terms and provide consent for their Students’ use of the Platform. (See Section 10, below for more information on the required approvals for these young students.) Students under the age of majority should review these Terms with their Parents to ensure that the child and the parent understand and agree to them. You may only use the Platform for purposes permitted by these Terms and in compliance with all applicable laws.
By agreeing to these Terms, you have the limited right to use the Platform, subject to all of these Terms. These Terms do not transfer or convey any rights of ownership in or related to the TutorWand Platform, or intellectual property rights owned by TutorWand to you.
The TutorWand Platform, including all trademarks, service marks, and logos, is owned by or licensed to TutorWand and it is protected by copyright and other intellectual property rights. You have no rights to transfer or reproduce the TutorWand Platform, or to prepare any derivative works with respect to, or to disclose confidential information pertaining to, the Platform. You may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, frame, or otherwise use the Platform or any information or material obtained from or through the TutorWand Platform.
In order to use the Platform, you will need to accept the End User License Agreement terms and conditions (“EULA”) for any Software needed to use the Platform and for any other Software that you may choose to use with the Platform. You must accept the EULAs for the Software before installing or using Software in connection with the Platform. The requirements and restrictions in these Terms apply to your use of Software for the purposes of the Platform regardless of whether such terms are included in the relevant EULA(s).
In order to allow TutorWand to provide the Platform, you hereby grant to TutorWand a limited, non-exclusive, sublicensable, worldwide, royalty-free right and license to (i) use the information, data, content, reviews, comments and other materials imported by you to the TutorWand Platform (“User Content”) solely for purposes of furnishing the services provided by the TutorWand Platform to you; (ii) use, copy, store, distribute, publicly perform and display, modify, and create derivative works (such as changes we make so that User Content works better with our Platform) from User Content as necessary to provide, improve and make the Platform available to you and other Users, including through any future media in which the Platform may be distributed; (iii) use and disclose metrics and analytics regarding the User Content in an aggregate or other non-personally identifiable manner (including, for use in improving the Platform or in marketing and business development purposes); (iv) use any User Content that has been de-identified for product development, research or other purposes in accordance with applicable laws; and (v) use for other purposes as permitted by the TutorWand Privacy Policy. You are solely responsible for obtaining all rights, permissions, and authorizations to provide the User Content for use as contemplated under this Section. You also warrant to TutorWand that you will not use the TutorWand Platform for any purpose that is unlawful, prohibited by any applicable regulation, or are otherwise inconsistent with these Terms.
To use the TutorWand Platform, you must establish an account and provide the information necessary to use the Platform. You are solely responsible for all activities that occur in connection with your account. You must maintain the confidentiality of your account authentication details. That means that you should not share your account credentials with anyone (except, if you are a student under 13, your Parent). Of course, you may not impersonate another User or provide false information to gain access to the TutorWand Platform.
TutorWand may permit you to establish your account on the Platform through, or associate your account with, certain third-party social networking or online services, such as Facebook and Google (each an “Integrated Service”). By registering for the TutorWand Platform using (or otherwise granting access to) an Integrated Service, you agree that TutorWand may access your account information from the Integrated Service, and you agree to all terms of the Integrated Service regarding your use of the TutorWand Platform through the Integrated Service. TutorWand does not control the practices of Integrated Services, and you are advised to read the privacy policy and terms and conditions of any Integrated Service that you use to understand their practices.
Please notify us immediately of any unauthorized access or use of your account.
You agree that you will NOT (and will not allow any third party to) use the Platform to:
Certain services provided by TutorWand through the Platform are only available for a fee (“Paid Services”). For Paid Services, you agree to pay us the applicable fees and additional terms relevant to the Paid Services. Failure to pay these fees will result in the termination of your Paid Services. Also, you agree that:
We are committed to maintaining your privacy, and maintain a TutorWand Website Privacy Policy, as well as the TutorWand Platform Privacy Policy for the Platform. All personally identifiable information you provide to us (“Personal Information”) is subject to the Privacy Policy, and acceptance of these Terms constitutes consent to our collection and use of Personal Information as described in the Privacy Policy.
TutorWand reserves the right to take steps TutorWand believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms. You acknowledge and agree that TutorWand may, without liability to you, access, use, preserve or disclose your Account information and User Content to law enforcement authorities, government officials, or a third party, as TutorWand believes is reasonably necessary or appropriate, if legally required to do so or if TutorWand has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to (a) comply with legal process or request; (b) enforce these Terms, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of TutorWand, its Users, a third party, or the public as required or permitted by law.
If you are employed by a school or district subject to the Family Educational Rights and Privacy Act (“FERPA”), you agree to appoint TutorWand as a “school official” as that term is defined in FERPA and as interpreted by the Family Policy Compliance Office, and determine that TutorWand has a “legitimate educational interest” for the purpose of delivering the Platform’s services in accordance with these Terms. TutorWand agrees that it will be bound by all relevant provisions of FERPA, including operating under the direct control of your school or district with respect to handling of “personally identifiable information” from “education records,” as those terms are defined in FERPA (together, “PII”).
TutorWand further agrees that PII will not be disclosed to third parties except as required to provide the Platform services to you contemplated in these Terms. Any third parties used will be bound to manage the PII in compliance with the TutorWand Platform Privacy Policy, security policies, and all applicable laws, and to use the PII for the sole and limited purpose of providing the Platform to the User.
TutorWand may use education records that have been de-identified for product development, research, or other purposes permitted by applicable law (“de-Identified data”), including:
TutorWand agrees not to attempt to re-identify the de-Identified data and not to transfer the de-Identified data to a third-party unless that party agrees not to attempt re-identification.
TutorWand complies with the Children’s Online Privacy Protection Act (“COPPA”), and collects only minimally required information from Students in order to operate the TutorWand Platform.
If a Teacher invites Students under the age of 13 to submit “personal information” (as defined in COPPA) to TutorWand, then The Teacher is responsible for obtaining verifiable parental consent prior to allowing such students to use the TutorWand Platform. TutorWand will otherwise manage its compliance obligations with COPPA.
TutorWand may require additional consent directly from Parents in addition to the consent and information provided by the applicable Teacher. When a Parent agrees to these Terms, the Parent will be associated with a particular Student, and by extension, with the Student’s Teachers. Teachers may use the Platform or your information from the Platform to communicate with you, as a Parent or Student, in connection with school-related matters and use of the Platform. These communications are in addition to any general communications from the applicable school.
TutorWand implements and maintains commercially reasonable security practices appropriate to the nature of the Personal Information collected and maintained through the TutorWand Platform, in order to protect such information from unauthorized access, destruction, use, modification, or disclosure. Such practices include, but are not limited to use of firewalls, encryption, and authentication techniques. The Internet, however, is not perfectly secure, nor are all security risks reasonably foreseeable, and TutorWand will not be responsible for security incidents not reasonably within its control.
You must promptly notify TutorWand in the event that you learn or believe that any person, or entity, has breached your security measures or has gained unauthorized access to: (a) your Personal Information; (b) any restricted areas of the Platform; or (c) TutorWand’s confidential information (collectively, “Information Security Breach”). In the event of an Information Security Breach, you will provide TutorWand with reasonable assistance and support to minimize the harm and secure the data at issue.
The Platform may contain areas in which you may post reviews or make comments. By using these areas, you acknowledge and agree that the User Content you provide in these areas may be available to other Users. Information you enter into our system when using the Services, such as while taking assessments, name, class, answers, handwritten notes, and attachments will be used to perform activities required by different services offered. TutorWand is not liable for any statements, representations, or comments provided by its Users in any public forum. Although TutorWand has no obligation to screen, edit or monitor any of the comments posted to its Platform, TutorWand reserves the right to remove, edit or refuse to post such User Content at its sole discretion.
The TutorWand Platform will provide access to User Content as indicated when you import it, and as provided in these Terms. Without further notice, however, work assigned by Teachers will be made available to the Teacher’s designated Students. Students will be able to make work responses available to their teachers, and the students will be able to view their own progress information and history as provided through the Platform. Parents will have some visibility into Student-generated User Content as well. Teachers will be able to view the student progress information and history for all applicable Students in their class or school. If You opt-out or terminate your account, all personally identifiable information associated with that account will be deleted.
You may also provide us with suggestions, comments, or other feedback (“Feedback“) about our products and services, including, without limitation, the Platform. We may use Feedback for any purpose without obligation of any kind in connection with our business, including the enhancement of our products and the Platform.
TutorWand may add, change, discontinue or remove any portion of the TutorWand Platform at any time, without notice.
TutorWand may change these Terms at any time, however, we will provide you with notice prior to making such changes. Your continued use of the TutorWand Platform constitutes your agreement to any updated terms. Should we make material changes to the Terms impacting the TutorWand Platform, we will provide you with notice prior to making such changes and request your consent in accordance with applicable law. The “last updated” date indicates the effective date of when these Terms were last revised.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
The TutorWand Platform may contain links to third-party websites, resources, or content, including social networking websites, including, without limitation, those of the applicable Integrated Services. These links are provided for your convenience, and the inclusion of links on the TutorWand Platform does not suggest an endorsement. We are not responsible for the contents or transmission of any linked site or resource, or for ensuring that the linked resources are error and virus-free. Linked websites, resources, or content are subject to their own terms of use and privacy policies, and we encourage you to read them.
To the extent permissible by law, you will defend and indemnify TutorWand and hold it and its affiliates, officers, directors, managers, employees, agents, vendors, merchants sponsors, providers, and licensors harmless from any and all claims, actions, demands, proceedings, losses, deficiencies, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees and all related costs and expenses) incurred by them as a result of any claim, judgment, or adjudication related to or arising directly or indirectly from any or all of the following: (i) your use of the TutorWand Platform; (ii) any information you submit, post, or transmit through the TutorWand Platform, including, without limitation, your User Content; (iii) breach of any of your obligations, representations, or warranties in these Terms; or (iv) your violation of any rights of another person.
The TutorWand Platform is provided “As Is” and “As-Available,” with all faults, and without warranty of any kind. Except for any express warranty provided herein, TutorWand and its licensors and suppliers disclaim all other warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, quality of information, or title/non-infringement, and all such warranties are hereby specifically disclaimed.
TutorWand assumes no responsibility for any errors or omissions on the TutorWand Platform, any failures, delays, or interruptions in the platform’s accessibility, any losses or damages arising from the use of the platform, any conduct by other users on the TutorWand Platform, or unauthorized access to or use of the TutorWand Platform.
You understand and agree that TutorWand will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of products, use, data, or other intangible losses, even if TutorWand has been advised of the possibilities of those damages, resulting from your use or inability to use the TutorWand platform, services, content or software, the cost of obtaining substitute services resulting from any loss of data, information, entered into through the platform, or statements or conduct of any third party, or any other matter related to the platform, services, content or software. You understand and agree that your use of the TutorWand platform is predicated upon your waiver of any right to sue TutorWand or its affiliates directly or to participate in a class action suit for any losses or damages resulting from your use of the TutorWand platform.
Certain state jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
We will provide you any notices regarding the TutorWand Platform by posting the notice on the Platform, as applicable, or by sending to you by email to the email address you maintain as part of your account.
We control the TutorWand Platform from our offices within India. We make no representation that the TutorWand Platform is appropriate, legal, or available for use in other locations. You may not use or export the Content in violation of Indian export laws and regulations. Any claim relating to the TutorWand Platform will be governed by the Indian laws, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in India.
These Terms will not be construed as creating any agency relationship, or a partnership, joint venture, fiduciary duty, or any other form of legal association between you and TutorWand, and you may not represent to the contrary, whether expressly, by implication, appearance or otherwise. Except as otherwise expressly provided in these Terms, these Terms are not for the benefit of any third parties.
No delay or failure to take action under these Terms will constitute a waiver unless expressly waived in writing and signed by a duly authorized representative of TutorWand, and no single waiver will constitute a continuing or subsequent waiver. These Terms may not be assigned by you in whole or in part. Any assignment will be null and void.
If any of the parts of these Terms is determined to be invalid or unenforceable pursuant to applicable law, they will be severable from the remainder of these Terms and will not cause the invalidity or unenforceability of the remainder of these Terms.
If you believe that materials hosted by TutorWand infringe your copyright, you (or your agent) may notice requesting that the materials be removed. The notice must be provided in writing and must include the following information:
Notices should be sent to the TutorWand copyright agent at the street address set out below.
You agree to pay in full by credit card/debit or other payment acceptable to TutorWand Pvt. Ltd., for your purchases of our products and services as follows:
Fees once paid will not be refunded. No installment scheme is allowed.
If you have any questions regarding these Terms, please contact us at:
TutorWand Private Limited, India.
