Terms of Service
Last updated: January 8, 2025
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and TutorBoost, LLC ("TutorBoost," "we," "our," or "us") governing your access to and use of the TutorBoost website at tutorboost.org and all related services (collectively, the "Service"). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.
2. Description of Service
TutorBoost provides an automated advertising platform for tutors and educators. Our Service includes:
- Creation and hosting of public tutor profile pages
- Automated advertising campaign management on Meta platforms (Facebook and Instagram)
- Campaign performance analytics and reporting
- Payment processing for subscriptions and advertising budgets
We act as an advertising service provider, running campaigns on your behalf through our centralized Meta advertising account.
3. Eligibility and Account Registration
3.1 Eligibility
To use the Service, you must: (a) be at least 18 years of age; (b) have the legal capacity to enter into a binding contract; (c) not be prohibited from using the Service under applicable law; and (d) be a legitimate tutor or educator offering educational services.
3.2 Account Registration
You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain and promptly update your account information; (c) maintain the security and confidentiality of your login credentials; (d) accept responsibility for all activities under your account; and (e) notify us immediately of any unauthorized access or security breach.
3.3 Account Termination
We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we determine violates these Terms, is harmful to other users or the Service, or for any other reason at our sole discretion.
4. Subscription and Payment Terms
4.1 Subscription Plans
Access to certain features requires a paid subscription. Our current subscription is $20 per month, billed monthly in advance. Subscription fees are non-refundable except as expressly stated herein or required by law.
4.2 Advertising Budget and Fees
In addition to subscription fees, you may fund an advertising budget for Meta campaigns. An 18% management fee is applied to all advertising funds deposited. The remaining 82% is allocated to your Meta advertising spend. For example, a $100 deposit results in $82 for ads and $18 as a management fee.
4.3 Payment Processing
All payments are processed securely through Stripe. By providing payment information, you authorize us to charge your payment method for all fees incurred. You are responsible for any fees charged by your financial institution.
4.4 Automatic Renewal
Subscriptions automatically renew at the end of each billing period unless cancelled. You may cancel at any time through your account settings. Cancellation takes effect at the end of the current billing period; no prorated refunds are provided.
4.5 Price Changes
We reserve the right to modify pricing at any time. Price changes will be communicated via email at least 30 days before taking effect. Continued use after price changes constitutes acceptance of new pricing.
4.6 Refund Policy
Subscription fees are non-refundable. Unused advertising budget may be refunded upon account closure, minus any applicable fees, at our discretion. Refund requests must be submitted within 30 days of the charge.
5. Advertising Services
5.1 Campaign Management
We create and manage advertising campaigns on Meta platforms (Facebook, Instagram) on your behalf using our centralized advertising account. You authorize us to use your profile information, photos, and content in advertisements.
5.2 No Performance Guarantees
ADVERTISING PERFORMANCE IS SUBJECT TO NUMEROUS FACTORS BEYOND OUR CONTROL. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS, INCLUDING BUT NOT LIMITED TO: NUMBER OF IMPRESSIONS, CLICKS, LEADS, CONVERSIONS, STUDENTS, OR REVENUE. PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS.
5.3 Platform Compliance
All advertisements must comply with Meta's Advertising Policies and Community Standards. We reserve the right to modify, pause, or reject any campaign or content that violates platform policies or these Terms. You are responsible for ensuring your content is truthful, accurate, and does not violate any laws or third-party rights.
5.4 Campaign Review and Approval
All campaigns are subject to review before launch. We may reject or request modifications to campaigns that do not meet our quality standards or platform requirements. Campaign approval is at our sole discretion.
6. User Content and Conduct
6.1 User Content
You retain ownership of content you submit (photos, bios, videos, testimonials). By submitting content, you grant TutorBoost a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, and display such content for the purpose of providing the Service and advertising on your behalf.
6.2 Content Representations
You represent and warrant that: (a) you own or have the necessary rights to all content you submit; (b) your content is accurate and not misleading; (c) your content does not infringe any third-party intellectual property, privacy, or other rights; (d) your content does not violate any applicable law or regulation.
6.3 Prohibited Conduct
You agree not to:
- Provide false, misleading, or fraudulent information
- Impersonate any person or entity
- Use the Service for any illegal purpose
- Submit content that is defamatory, obscene, or offensive
- Infringe on intellectual property or other proprietary rights
- Attempt to manipulate or circumvent advertising systems
- Interfere with or disrupt the Service or servers
- Use automated means to access the Service without permission
- Collect user information without consent
- Engage in any activity that could harm TutorBoost's reputation
7. Intellectual Property
7.1 TutorBoost IP
The Service, including its design, features, content, and underlying technology, is owned by TutorBoost and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our written permission.
7.2 Trademarks
"TutorBoost" and related logos are trademarks of TutorBoost, LLC. You may not use our trademarks without prior written consent.
7.3 Feedback
Any feedback, suggestions, or ideas you provide about the Service become our property, and we may use them without compensation or attribution to you.
8. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO GUARANTEES REGARDING ADVERTISING PERFORMANCE, STUDENT ACQUISITION, OR REVENUE GENERATION.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TUTORBOOST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR USE OR INABILITY TO USE THE SERVICE; (B) UNAUTHORIZED ACCESS TO YOUR DATA; (C) STATEMENTS OR CONDUCT OF THIRD PARTIES; (D) ADVERTISING PERFORMANCE OR LACK THEREOF; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Indemnification
You agree to indemnify, defend, and hold harmless TutorBoost and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your content; (c) your violation of these Terms; (d) your violation of any third-party rights; or (e) your violation of any applicable law or regulation.
11. Dispute Resolution
11.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
11.2 Arbitration Agreement
Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in English, and the seat of arbitration shall be Wilmington, Delaware. The arbitrator's decision shall be final and binding.
11.3 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.
11.4 Exceptions
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.
12. Third-Party Services
The Service integrates with third-party services including Meta (Facebook/Instagram), Stripe, and others. Your use of these services is subject to their respective terms and policies. We are not responsible for the actions, content, or policies of third-party services.
13. Modifications to Service and Terms
13.1 Service Modifications
We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance.
13.2 Terms Modifications
We may revise these Terms at any time. Material changes will be communicated via email or through the Service at least 30 days before taking effect. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.
14. General Provisions
14.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and TutorBoost regarding the Service and supersede all prior agreements and understandings.
14.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
14.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
14.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations without restriction.
14.5 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet service failures.
15. Contact Information
If you have questions about these Terms, please contact us:
TutorBoost, LLC
Email: support@tutorboost.org
Website: https://tutorboost.org
By using TutorBoost, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.