User Terms and Conditions
These User Terms and Conditions (these "Terms") govern your access to and use of the academic support platform, websites, mobile applications, and related services (collectively, the "Services") made available by TEDU, Inc., a Delaware corporation ("TEDU," "we," "our," or "us"). These Terms form a binding agreement between you and TEDU.
PLEASE READ THESE TERMS CAREFULLY. By accessing or using the Services, or by clicking to accept these Terms, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Services. Section 15 contains a binding arbitration provision and a class-action waiver that affect your legal rights.
The Services are offered to you in connection with an agreement between TEDU and the college or university through which you access the Services (each, a "Participating Institution"). Your Participating Institution provides the academic support delivered through the Services; TEDU provides the underlying technology platform. Your Participating Institution's agreement with TEDU governs the relationship between TEDU and the institution. These Terms govern the relationship between TEDU and you as an individual user.
1. Definitions
"Authorized User" means any individual permitted to access the Services, including Eligible Students and any employee, contractor, or agent of a Participating Institution authorized by that institution.
"Eligible Student" means a student enrolled at a Participating Institution who agrees to these Terms and who either (i) is at least eighteen (18) years of age, or (ii) is authorized by the Participating Institution to access the Services. The Participating Institution is responsible for obtaining and maintaining any consent or authorization required by applicable law for the Authorized Users it authorizes, including any user under 18. TEDU relies on the Participating Institution's authorization and does not itself obtain parental or guardian consent.
"Tutor" means an Authorized User who is approved by a Participating Institution to provide academic support, tutoring, coaching, or related services on that institution's behalf to other Authorized Users through the Services.
"Student" means an Authorized User who requests or receives academic support through the Services.
"User Content" means any content, data, messages, ratings, materials, or information that you submit, post, upload, or transmit through the Services.
"Sessions" means tutoring, coaching, supplemental instruction, study group, workshop, or other academic support engagements requested, scheduled, or conducted through the Services.
2. Eligibility and Accounts
(a) Eligibility. You may use the Services only if you are an Authorized User of a Participating Institution and either you are at least eighteen (18) years old or your Participating Institution has authorized your access. TEDU makes the Services available to individual users only through, and on the authorization of, a Participating Institution; the Services are not directed to the general public. Your Participating Institution - not TEDU - is responsible for obtaining any parental, guardian, or other consent or authorization required by applicable law (including under FERPA and, where applicable, COPPA) for the users it authorizes, just as it does for other educational software it provides. TEDU does not collect parental or guardian consent.
(b) Accounts. Your account is created automatically from the data your Participating Institution integrates with the Services; you do not register for or create your own account. You are responsible for activity that occurs under your account. Questions about the information used to create or maintain your account should be directed to your Participating Institution.
(c) Credentials. You are responsible for safeguarding your login credentials (including any single sign-on credentials provided through your Participating Institution) and for any use of the Services through your account. Do not share your credentials. Notify us promptly at the contact address in Section 18 if you suspect any unauthorized use of your account.
3. License and Acceptable Use
(a) License grant. Subject to your compliance with these Terms, TEDU grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services as an Authorized User. If you are a Student, this license is for your personal, non-commercial academic purposes. If you are an employee, contractor, or agent of a Participating Institution (including a Tutor), this license is to access and use the Services to deliver and administer the Participating Institution's academic support on that institution's behalf.
(b) Prohibited conduct. You agree not to, and not to permit anyone else to:
- copy, modify, or create derivative works of the Services, except that educational content may be copied by a Student solely for that Student's own education or for a Session arranged through the Services;
- rent, lease, lend, sell, sublicense, distribute, publish, or otherwise make the Services available to any third party;
- reverse engineer, decompile, disassemble, or attempt to derive the source code or structure of any software component of the Services;
- remove, obscure, or alter any proprietary notice on the Services;
- use the Services to harass, abuse, threaten, defraud, or harm any person, or to engage in any unlawful, discriminatory, or fraudulent activity;
- submit or share content that infringes or violates the intellectual property, privacy, or other rights of any person, including uploading or sharing copyrighted materials (such as textbooks or course materials) without authorization;
- use the Services to facilitate academic dishonesty in violation of a Participating Institution's academic integrity policies, including completing graded work that you are required to complete yourself;
- introduce any virus, malware, or other harmful code, or attempt to gain unauthorized access to the Services or related systems;
- use any automated means to access, scrape, or collect data from the Services without our prior written consent; or
- interfere with or disrupt the integrity or performance of the Services.
4. Role of TEDU; Sessions and Conduct Between Users
(a) Role of TEDU. TEDU provides a technology platform that your Participating Institution uses to make its own academic support available to you and to schedule and coordinate Sessions. The academic support provided through Sessions is provided by your Participating Institution and the individuals it authorizes, not by TEDU. TEDU does not itself provide tutoring or academic instruction, does not employ, engage, supervise, or contract Tutors, and is not responsible for the academic support delivered through the Services. TEDU does not guarantee the quality, accuracy, safety, or outcome of any Session.
(b) Your interactions. You are solely responsible for your interactions with other users. You agree to conduct yourself professionally and respectfully during all Sessions and communications. A Participating Institution may make classrooms or other facilities available for Sessions; any in-person Session takes place under the Participating Institution's facilities, supervision, and policies, and the Participating Institution - not TEDU - is responsible for the conduct, safety, and supervision of in-person Sessions. You agree to comply with any rules that apply to those facilities.
(c) Reporting. If you experience or witness conduct that violates these Terms or that raises a safety concern, report it to us promptly using the contact information in Section 18 and, where appropriate, to your Participating Institution.
5. User Content
(a) Ownership. You retain ownership of any User Content you submit. You are responsible for your User Content and for ensuring you have the rights necessary to submit and share it.
(b) License to TEDU. You grant TEDU a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers acting on our behalf) license to host, store, reproduce, display, and use your User Content as necessary to operate, provide, maintain, and improve the Services, and to comply with applicable law. Where your User Content constitutes education records, TEDU uses it only as permitted by your Participating Institution's agreement with TEDU and applicable law, and not to "improve the Services" beyond that authorization. This license continues for User Content retained in backups or archives after you remove it or close your account.
(c) Sharing within your institution. The Services are not public. User Content you upload or share through the Services (including files and materials) may be visible to other Authorized Users of your Participating Institution - for example, within a Session, a message, or a shared workspace - but is not made available to the general public. Share only content you have the right to share, and be mindful of what you make visible to other Authorized Users.
(d) Feedback. If you send us suggestions or feedback about the Services, you grant TEDU an unrestricted, perpetual right to use that feedback without obligation or compensation to you.
6. Intellectual Property
The Services, including all software, text, graphics, designs, and other materials provided by TEDU, and all related intellectual property rights, are owned by TEDU or its licensors (collectively, "TEDU IP"). Except for the limited license granted in Section 3, these Terms do not grant you any right, title, or interest in the TEDU IP. TEDU IP does not include your User Content. All rights not expressly granted are reserved by TEDU.
Aggregated Statistics. TEDU may compile data and information related to use of the Services in an aggregated and anonymized form ("Aggregated Statistics"). As between you and TEDU, all rights in Aggregated Statistics belong to TEDU. We may use Aggregated Statistics to operate and improve the Services and for other lawful purposes, provided the Aggregated Statistics do not identify you.
7. Copyright
You may upload or share through the Services only content you have the right to share, and you may not share material that infringes another person's copyright or other rights (see Sections 3 and 5). If you believe content shared through the Services infringes your copyright, please contact us at support@tedu.app with a description of the work and the material at issue, and we will review it. TEDU may remove infringing material and may suspend or terminate the accounts of users who repeatedly infringe.
8. Privacy and Educational Records
Our collection and use of personal information in connection with the Services is described in our Privacy Policy, which is incorporated into these Terms by reference. TEDU does not sell your personal information and does not use it for targeted advertising; we use it only to provide the Services consistent with our obligations to your Participating Institution and applicable law.
Where the Services involve education records subject to the Family Educational Rights and Privacy Act ("FERPA"), TEDU handles those records consistent with its obligations to the relevant Participating Institution and applicable law. Your Participating Institution controls certain decisions about the data it shares with TEDU. Requests to access, amend, or delete your education records should be directed to your Participating Institution; requests relating to your account or our general privacy practices may be directed to TEDU as described in our Privacy Policy.
9. Third-Party Services
The Services may include or link to products, content, or services provided by third parties. Those third-party offerings are governed by their own terms and privacy practices, and we are not responsible for them. Your use of any third-party offering is at your own risk.
10. Suspension and Termination
(a) By you. You may stop using the Services at any time. You may request deletion of your account as described in our Privacy Policy.
(b) By TEDU. We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe you have violated these Terms, if your conduct poses a risk to TEDU or other users, if required by law, or if your Participating Institution's agreement with TEDU ends or your authorization is withdrawn.
(c) Effect. On termination, your license to use the Services ends. Any provision that by its nature should survive termination will survive, including Sections 5(b), 5(d), 6, 7, 8, 11, 12, 13, 14, 15, 16, 17, and 18.
11. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, TEDU DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TEDU DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY SESSION WILL ACHIEVE ANY PARTICULAR ACADEMIC RESULT. TEDU IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR FOR THE ACADEMIC SUPPORT PROVIDED BY A PARTICIPATING INSTITUTION, WHETHER ONLINE OR OFFLINE.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, TEDU AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF TEDU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TEDU'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).
NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN OF THESE LIMITATIONS, SO SOME MAY NOT APPLY TO YOU.
To the extent permitted by applicable law, any claim arising out of or relating to the Services or these Terms must be filed within one (1) year after the claim arose, or it is permanently barred.
13. Indemnification
You agree to indemnify, defend, and hold harmless TEDU and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Services, your User Content, your violation of these Terms, or your violation of any right of another person or applicable law.
14. Changes to These Terms; Electronic Communications; Notices
(a) Changes. We may modify the Services at any time. We may also update these Terms from time to time. If we make material changes, we will provide notice through the Services or by other reasonable means before the changes take effect. For changes that materially and adversely affect your rights - including changes to Section 15 (Dispute Resolution and Arbitration) - we will obtain your affirmative agreement or provide a renewed opportunity to opt out before those changes apply to you. For non-material changes, your continued use of the Services after the effective date constitutes acceptance. The "Last Updated" date at the top indicates when these Terms were last revised.
(b) Electronic communications. You consent to transact electronically and to receive these Terms, the Privacy Policy, and any notices, agreements, or disclosures from TEDU in electronic form. Electronic delivery satisfies any legal requirement that such communications be in writing.
(c) Notices. We may give you notice through the Services or by email to the address associated with your account, and such notice is deemed received when sent. You may give us notice at the contact address in Section 18.
15. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
(a) Informal resolution. Before filing a claim, you agree to contact us at the address in Section 18 and attempt to resolve the dispute informally for at least thirty (30) days.
(b) Binding arbitration. Except as provided below, any dispute arising out of or relating to these Terms or the Services that is not resolved informally will be settled by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules] (or, if that administrator is unavailable, another established administrator the parties agree on or a court appoints under the Federal Arbitration Act), rather than in court. The arbitration will be conducted in the English language, and the seat/location will be determined under the administrator's consumer rules (typically your locale or by telephone/video). TEDU will pay the portion of arbitration fees required of it under those consumer rules. Judgment on the award may be entered in any court of competent jurisdiction.
(c) Class-action waiver. You and TEDU agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. If this class-action waiver is held unenforceable as to any claim, then the entire agreement to arbitrate in this Section 15 is void as to that claim, and that claim will proceed in court (Section 16); the remainder of this Section 15 will otherwise remain in effect. This Section 15(c) is not subject to the severability provision in Section 18(b).
(d) Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect its intellectual property or confidential information.
(e) Opt-out. You may opt out of this arbitration agreement by sending written notice to the contact address in Section 18 (including by email) within thirty (30) days of first accepting these Terms.
16. Governing Law
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles, except where prohibited by, and without waiving, any mandatory consumer-protection or other non-waivable rights of your home jurisdiction. Subject to Section 15, the state and federal courts located in Miami-Dade County, Florida will have exclusive jurisdiction over any dispute not subject to arbitration.
17. International Users; Export
The Services are operated from the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local law. By using the Services, you consent to the transfer, storage, and processing of your information in the United States and other jurisdictions where TEDU or its service providers operate. You represent that you are not located in, and will not access the Services from, a country subject to U.S. embargo, and that you are not on any U.S. government restricted- or denied-party list; you agree to comply with applicable export-control and sanctions laws.
18. General and Contact Information
(a) Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and TEDU regarding the Services and supersede any prior agreements on that subject.
(b) Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full effect. This Section 18(b) does not apply to Section 15(c), which is governed by its own terms.
(c) No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
(d) Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
(e) Accessibility. If you need an accommodation or encounter an accessibility barrier, contact us at the address below; requests for accommodations relating to academic support should also be directed to your Participating Institution.
(f) Contact. Questions about these Terms may be sent to:
TEDU, Inc.
4770 Biscayne Blvd., Suite 1480
Miami, FL 33137
Email: support@tedu.app