Terms of Service
Last updated: September 24, 2015
If you are under 13 years old, you are not permitted to use the GotIt! Sites, the GotIt! mobile applications or any other portion of the Service.
If you are 13 years of age or older, but not of legal age to form a binding contract (in many places, this is 18 years old), then you must get your parent or guardian to read these terms and agree to them for you, before you use GotIt! or provide any information to us. Please review these Terms with your parent or guardian so that you both understand how GotIt! works and what restrictions apply to your use of our mobile application, websites and services.
The GotIt! Service
Through our Service, we enable people (“ “Students”) to connect with subject matter experts (“Experts”) who provide explanations to problems, grading of problems, practice problems, 1:1 chat between Students and Experts, and other educational and knowledge services.
We require all Experts to pass skills tests to make reasonable commercial efforts to confirm the validity of Experts’ educational credentials. We do not endorse or make any representations or warranties regarding the skills or knowledge of Experts.
You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the Service and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.
As an online and mobile service, GotIt! may periodically be unavailable as we perform regular maintenance and upgrades.
Changes to the Terms of Service
We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Service or updating the “Last Updated” date above. Your continued use of the Service will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Service.
Use of Other Websites
These Terms apply to all users of the Service. The Service, including information provided by our users through the Service, may contain links to third party websites that are not owned or controlled by GotIt!. GotIt! has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Service, you expressly acknowledge and agree that GotIt! shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
In order to use the Service, you may be required to register for an account with GotIt! (“GotIt! Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service does not violate any applicable laws. GotIt! may suspend or terminate your GotIt! Account for any breach of these Terms or for any other reason in GotIt!’s sole discretion. You are solely responsible for selecting an appropriate username and for any and all disclosures you make of your username to others, including any selection or disclosure that makes you personally identifiable. You are responsible for maintaining the confidentiality of your GotIt! Account login username and password (the “Login Information”) and are fully responsible for all activities that occur under your GotIt! Account. You agree to immediately notify GotIt! of any unauthorized use, or suspected unauthorized use, of your GotIt! Account, Login Information or any other breach of security. GotIt! will have the right, but not the obligation, to deactivate any GotIt! Account identified in such a notification. GotIt! cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Any materials, information, communications or ideas that you upload, communicate or otherwise transmit or post to us, the Site, the Experts or any other part of the Service by any means (“User Content”) will be treated as non-confidential and non-proprietary, and may be disseminated or used by us for any purpose whatsoever, including, but not limited to, quality control and professional development, as well as our developing, manufacturing, and marketing our current and/or future Services. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted to us the perpetual royalty-free, non-exclusive, world wide right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content for any purpose, with the exception of academic source materials such as textbooks and workbooks, which you assert you are entitled to upload under the “fair use” doctrine or other provision of applicable copyright law. In addition, if you request that our system display a representation of a page or problem from a textbook or workbook, you expressly warrant that you are in proper legal possession of such a textbook and that your instruction to our system to display a page or problem from your textbook is made for the sole purpose of facilitating your use of the Service, and that such use is permitted under the “fair use” doctrine or other provision of applicable copyright law.
You agree that we may record all or any part of your use of the Service (including chat and voice communications) for quality control and other purposes. We reserve the right, but are not required, to review your use of the Service for any purpose. Notwithstanding anything to the contrary above, you agree that we own all transcripts and recordings of your use of the Service and all comments that you may provide to us on or through the Service or any other means, such as as a part of user satisfaction or other similar surveys, and that these Terms shall be deemed an irrevocable assignment of all such transcripts and comments, each portion thereof and all intellectual property rights therein to us.
You shall be solely responsible for, and assume all liability regarding your own User Content, the consequences of posting or publishing it, and your interaction with other users through the Service.
GotIt! does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and GotIt! expressly disclaims any and all liability in connection with User Content. GotIt! will remove User Content if properly notified as set forth in GotIt!’s Copyright Policy (located at URL) that such User Content infringes on another’s intellectual property rights. GotIt! reserves the right to remove User Content without prior notice.
You agree that you will treat the Experts with respect and not use obscenities, make threats, or discuss matters other than those directly related to the academic subject for which you seek help. You agree that you will not disclose any information to an Expert that could be considered personally identifiable information including your full name, address, telephone number, email address, social security number, password or any other information that could be used to identify or locate you. A violation of this agreement may lead to a suspension or termination of your account. Similarly, you agree that you will not solicit any such information from any Expert, and agree that if any Expert ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us by phone and in writing.
You acknowledge that GotIt! may or may not pre-screen User Content, but that GotIt! and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via the Service. Without limiting the foregoing, GotIt! and its designees shall have the right to remove any User Content that violates these Terms or that GotIt! considers to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.
GotIt! does not allow, and you agree not to use this Service to:
- upload, post, email, transmit or otherwise made available any User Content that is unlawful, harmful, derogatory, defamatory, abusive, threatening, vulgar, obscene (including but not limited to posting pictures or videos with drugs, alcohol, nudity or sexual acts), bigoted, libelous, tortuous, hateful, racially or ethnically objectionable, insulting or that violates any person’s privacy (including but not limited to posting pictures, full names, email addresses, addresses, or phone numbers without consent);
- harm minors in any way;
- “stalk” or otherwise cyberbully (including but not limited to bullying, harassing, humiliating, threatening, embarrassing or targeting) another person ;
- create an account for a person that does not exist;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- post information that you know is false, misleading, or that promotes illegal activity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law.
We reserve the right to remove any material or terminate the GotIt! Account of any person we determine violates any of these Terms.
Notwithstanding the foregoing, GotIt! is not required to host, index, or display any User Content uploaded or otherwise provided to GotIt, and may remove or refuse to host, index or display any User Content. GotIt! is not responsible for any loss, theft, intellectual property infringement or damages of any kind related to the User Content.
GotIt! takes fraud seriously. Any individual engaging in fraudulent activity will be banned from the Service, and may lose any Credit or payment balance. In addition, to the extent permitted by law, GotIt! may provide information regarding fraud to law enforcement agencies.
If you provide GotIt! with any comments or suggestions related in any way to the Service or to GotIt, including within any support inquiries (collectively, “Feedback”), you hereby assign to GotIt! all rights in the Feedback and agree that GotIt! will have the right to use such Feedback in any manner it deems appropriate. GotIt! may treat any Feedback you provide to GotIt! as non-confidential and non-proprietary. You agree that you will not submit to GotIt! any information or ideas that you consider to be confidential or proprietary or that you do not have the right to submit in accordance with these Terms.
GotIt! does not make any representations or warranties concerning any content contained in or accessing through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Service. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Service. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Service are provided “AS IS” and without any warranty of any kind from GotIt! or others. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ANY AND ALL PARTS THEREOF ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL GOTIT! BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY DAMAGES OF ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO GOTIT! IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold GotIt, its affiliates, officers, agents, employees, contractors, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your GotIt! Account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will provide notice of the Claim to the contact information we have for your GotIt! Account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your GotIt! Account, in any way (by operation of law or otherwise) without GotIt’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations with or without consent.
Choice of Law; Arbitration
These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Santa Clara County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States federal courts and California state courts located in the Northern District of California.
GotIt! reserves the right, in its sole discretion, to terminate your access to the Service or to any part of the Service, with or without notice.
Additional Terms for Students
Students typically pay for the Service using GotIt! Credits (“Credits”). Students buy or earn through activities Credits, which may then be redeemed for various GotIt! services within the Service.
Any fees that GotIt! may charge Students for the Service, are due immediately and payments are final and non-refundable unless GotIt! determines in its sole discretion that a refund is appropriate. GotIt! reserves the right to determine the then-current pricing. The payment gateway in the app will reflect the then-current pricing, however, please note the pricing information published on the website or app may not reflect the then-current pricing.
Minutes, Credits, or other items purchased through GotIt! will expire within one year from purchase date unless such longer period of time is required by law.
GotIt, in its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. GotIt! may change the fees for our Service, as we deem necessary for our business. We encourage you to check back on our mobile app and at our website periodically if you are interested about how we charge for the Service.
Additional Terms for Experts
Experts are independent contractors, and are not employees of Tutor Universe, Inc. or other companies associated with GotIt!. Experts are responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with their activity in connection with the Service.
As an Expert you will receive some number of Credits for your work. Periodically GotIt! will convert Credits into real world currency for payment. The conversion rate will depend on the Expert’s performance and ranking (for example, by measuring the accuracy of the Expert’s explanations, the speed and quality of the Expert’s work, etc.) and local currency conversion rates. GotIt! is solely responsible for determining this conversion rate.
We typically pay Study Experts twice a month, but reserve the right to alter this as needed. Payment is typically made in U.S. dollars but may be made in other currencies.
You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and GotIt! agree that these Terms are the complete and exclusive statement of the mutual understanding between you and GotIt, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind GotIt! in any respect whatsoever. Except as expressly set forth in the terms of an applicable platform provider (for example, Apple or Google), you and GotIt! agree there are no third party beneficiaries under these Terms.
All payment processing, other than in connection with Apple-Enabled Software (as defined below), occurs directly through the Service using Braintree, a third party payment processing service.
Apple-Enabled Software Applications
GotIt! offers software applications that are intended to be operated in connection with products made commercially available by Apple, Inc. (“Apple”), among other platforms. With respect to software that is made available for your use in connection with an Apple-branded product (such software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
- GotIt! and you acknowledge that these Terms of Service are concluded between GotIt! and you only, and not with Apple, and that as between GotIt! and Apple, GotIt, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be GotIt’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- GotIt! and you acknowledge that GotIt, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between GotIt! and Apple, GotIt, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to GotIt! as follows: Email: email@example.com Mail: 1901 S Bascom Ave, Suite 1180, Campbell, CA 95008
GotIt! and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
If you have any questions regarding the Service, please contact us at firstname.lastname@example.org
Intellectual Property Policy: http://www.gotitapp.co/?page_id=909