Terms of Use

Terms of Use

Effective on February 14th, 2024

These Terms of Use (‘Terms’) govern your use of the Trainistry website (‘Site’) at www.trainistry.com, including any applications for mobile devices or other platforms provided or approved by Trainistry, Inc. (‘Trainistry’), which is a subsidiary of Emergivity LLC. Before using or continuing to use the Site, it’s important that you thoroughly review and understand these Terms. You should only agree to these Terms if you fully comprehend and accept each condition. By accessing or using the Site, you are affirmatively indicating that you are aware of and agree to every term and condition set forth in these Terms.

General terms

Trainistry offers this Site globally to Users seeking tutoring services (‘Students’) and to those offering tutoring services (‘Tutors’), as well as any other entities accepting these Terms on behalf of Users. The term ‘you’ refers to Students, Tutors, or any individual or entity engaging with, accessing, or contributing content to the Site. By using the Site, you agree to these Terms, which is signified by: (a) accessing or viewing the Site’s content; (b) arranging tutoring sessions via the Site; (c) registering as a Tutor or conducting tutoring sessions through the Site; (d) utilizing the Site in any other capacity; and/or (e) expressly acknowledging your agreement with these Terms. If you do not agree to these Terms, please refrain from using the Site.

In cases where other Site-related documents or content may conflict with these Terms, these Terms will prevail. Any failure on our part to enforce a right under these Terms immediately does not amount to a waiver of such right, nor should it set an expectation of non-enforcement. Should any provision of these Terms be deemed invalid by applicable international laws, regulations, court decisions, or arbitration outcomes, both parties agree to replace it with a provision that achieves the original intent as closely as possible. The remaining provisions will continue to be effective and enforceable.

PLEASE REVIEW THIS AGREEMENT CAREFULLY TO FULLY UNDERSTAND EACH PROVISION. IMPORTANTLY, THIS AGREEMENT INCLUDES A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION. THIS MEANS THAT DISPUTE RESOLUTION IS TO BE CONDUCTED THROUGH INDIVIDUAL ARBITRATION, RATHER THAN THROUGH JURY TRIALS OR CLASS ACTIONS.

Privacy Policy

For details on how Trainistry manages, utilizes, and safeguards your information, please visit our Privacy Policy at https://www.trainistry.com/privacy-policy.

In relation to Student Data: When you engage with Trainistry’s services, including those offered by independent Tutors, we may collect or have access to certain data provided by you as a student (‘Student Data’). This data is regarded with the utmost confidentiality. Our primary use of this data is to enhance and personalize the tutoring services we provide to you. The collection, usage, and sharing of Student Data are governed by this Agreement, adhering to applicable privacy laws and regulations. Tutors who are part of the Trainistry platform are also bound by these Terms of Use, which include strict provisions for the privacy and confidentiality of Student Data.

Services

The Site serves as a global marketplace, connecting individuals seeking tutoring services with those offering such services. Tutors, as independent professionals engaged by Students, determine and manage all facets of their tutoring services, including methods, materials, scheduling, frequency, duration, and other aspects.

Students bear the responsibility for choosing suitable Tutors based on their unique needs. This process should involve evaluating each tutor’s credentials, education, experience, and reviews from other students. IMPORTANT: IF THE STUDENT IS UNDER 18 YEARS OF AGE, ALL TUTORING SESSIONS MUST BE SUPERVISED BY A RESPONSIBLE ADULT.

Trainistry operates the Site from various locations and does not claim universal accessibility or availability. Services may not be accessible in all areas, and the availability of services can vary. While Trainistry endeavors to ensure the delivery of all messages sent through the Site’s messaging system, it does not guarantee the delivery of every message.

Accessing the Site requires an Internet connection, which you must secure, along with any associated service fees or costs. Additionally, you are responsible for providing all necessary equipment for Internet access, such as a computer and modem or other access device. Users under eighteen (18) years of age may only use the Site with the involvement and consent of a parent or legal guardian.

In the case of utilizing the Trainistry Site for providing services to students, it is your responsibility to ensure you have the necessary authority and consent, especially when dealing with minors under 13 years of age, in compliance with regulations like the U.S. Children’s Online Privacy and Protection Act (‘COPPA’). It’s advisable for educational institutions to make appropriate disclosures about their use of service providers like Trainistry to students and parents, including providing a copy of our Privacy Policy.

Academic honesty

Trainistry is committed to fostering authentic learning experiences and does not support any activities related to academic dishonesty. Users of the Site are prohibited from using it to seek, participate in, or help others in any activities that constitute academic dishonesty. This includes, but is not limited to, completing assignments, writing essays, or taking quizzes and exams on behalf of others. Users must also refrain from any actions that would breach the academic integrity or conduct standards of any educational or professional institution.

Your obligations and conduct

Every User is required to: (a) be legally capable to consent to these Terms personally or on behalf of a minor receiving tutoring services; (b) provide truthful, up-to-date, and comprehensive information during registration (‘Registration Data’); (c) secure the confidentiality of passwords and IDs for Site access; (d) consistently update and verify the accuracy of Registration Data; and (e) acknowledge the risk of unauthorized access to their information and Registration Data.

Upon registering, you will receive a password. You are solely responsible for safeguarding this password and for any activity occurring under your account. You must promptly inform Trainistry of any unauthorized use of your account and ensure you log out after each session. Trainistry is not liable for losses caused by unauthorized account access resulting from your actions.

Users are expected to interact with the Site lawfully and appropriately. Trainistry reserves the right to suspend or terminate any User account for misuse, including but not limited to:

  • Engaging in defamation, harassment, abuse, threats, or other violations of legal rights;
  • Posting or sharing misleading, profane, offensive, or illegal content;
  • Using the Site for illegal or fraudulent activities or for personal financial gain;
  • Uploading content that infringes on third-party rights;
  • Introducing harmful software or disruptive material;
  • Undermining the integrity of the Site;
  • Unlawfully accessing the Site or other accounts;
  • Conducting unauthorized commercial activities;
  • Impersonating others;
  • Spamming or repetitive content posting;
  • Illegally downloading or sharing other Users’ content;
  • Using automated means to access or gather Site content;
  • Replicating, selling, or exploiting Site content for commercial purposes;
  • Preventing others from using the Site.

Trainistry upholds its rights under the Communications Decency Act, including the removal of objectionable content. Users can report concerns to Trainistry at support@trainistry.com.

Third party reports

Trainistry may engage the services of external consumer reporting agencies to conduct various checks, including criminal background, sex offender registry, motor vehicle records, credit checks, and identity verifications (referred to as ‘consumer reports’). However, Trainistry neither endorses nor guarantees the reliability, accuracy, or completeness of the information provided in these consumer reports, and does not verify this information independently.

Trainistry may use, evaluate, and disclose information from these consumer reports. In its sole judgment, Trainistry may rely on this information to make decisions about suspending or terminating a Tutor, or in investigating complaints against a Tutor. Trainistry is not liable if information in the consumer reports is found to be inaccurate, outdated, or incomplete. Tutors subject to these reports can dispute their accuracy with the reporting service. Additionally, Trainistry retains the right to suspend or terminate a Tutor based on these reports or other considerations at its discretion.

Trainistry also provides access to third-party verification services, allowing Site Users to check information, including identity and criminal background of other Users. Using these verification services is optional for both the requester and the subject of the inquiry. Trainistry is not liable for any inaccuracies in information provided by these third-party services. When using these services, Users agree to adhere to the Fair Credit Reporting Act, 15 USC 1681.

For more information, visit Fair Credit Reporting Act.

Confidentiality of Trainistry information

Through the Site, you may gain access to certain proprietary information of Trainistry and its affiliates, which may include technical details, contract specifics, product data, program outlines, pricing strategies, marketing plans, and other information deemed confidential (‘Confidential Information’). This information is to be maintained in strict confidentiality. All rights, ownership, and interests in the Confidential Information remain with Trainistry and its affiliates.

However, these Terms do not impose a confidentiality obligation on you for information that you can demonstrably show: (a) was in your possession before receiving it from Trainistry and was not subject to a confidentiality agreement; (b) has become public knowledge without your involvement or breach of these Terms; (c) was received from a third party who was not bound by confidentiality obligations; (d) was independently developed by you without using Trainistry’s Confidential Information or involving individuals who had access to it; or (e) needs to be disclosed due to a legal requirement or court order, provided Trainistry is given sufficient notice to contest such disclosure.

User Content

You hold sole responsibility for any content you generate, share, or display while using the Site.

Trainistry might enable Users, now or in the future, to submit, post, display, provide, or share various types of content, including but not limited to text, images, videos, files, documents, comments, and questions (collectively referred to as ‘User Content’) on the Site.

While Trainistry does not claim ownership of the User Content you create, by sharing any User Content on the Site, you grant Trainistry a global, royalty-free, sublicensable, transferable, perpetual, irrevocable, and non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, display, and create derivative works from this content in any form or media. This includes using it for Trainistry’s business purposes, such as promotion or redistribution, both on and off the Site. Additionally, you grant other Site Users a non-exclusive license to access and use your User Content within the Site’s functionality and these Terms.

It’s crucial that you have the legal rights to any User Content you upload to the Site. You must not upload User Content that violates intellectual property, privacy, or publicity rights of others. Only share content that you are legally permitted to distribute.

User Content must not be: (a) false, harmful, obscene, defamatory, racially offensive, harassing, or otherwise inconsistent with Trainistry’s mission or values; (b) invasive of personal privacy or rights; (c) infringing on intellectual property rights; (d) containing harmful software or code like viruses.

Trainistry reserves the right to modify or remove User Content that breaches these Terms, contains unauthorized advertisements, or for any other reason deemed necessary by Trainistry.

Terms of transacting business

Users are required to adhere to the payment policies set forth by Trainistry for tutors and students. All payments for services rendered through Trainistry must be made via the platform. These payments cover various costs, including but not limited to: (a) the hourly rates set by tutors; (b) any applicable fees for travel and transportation; (c) cancellation fees, which are outlined in each tutor’s individual cancellation policy available on their Site profile; (d) any listed service fees; and (e) the Platform Fee agreed upon between the Tutor and Trainistry.

Advertisements and promotions

Trainistry may display advertisements and promotions from external parties on the Site. Any interactions, transactions, or participation in promotions with advertisers on the Site, including the payment and delivery of goods or services, along with any other terms, conditions, warranties, or representations associated with such interactions, are strictly between you and the respective advertiser. Trainistry bears no responsibility or liability for any losses or damages that may arise from your dealings with advertisers not affiliated with Trainistry, or from the presence of these third-party advertisers on the Site.

Text message notifications

Tutors have the option to sign up for a Text Message Program, which provides notifications via text for new student messages, reminders, job opportunities, and other updates. Be aware that your standard data and messaging rates might apply to these text notifications. For specific rate details, please consult with your mobile phone service provider.

Content provided via links

On the Site, you may encounter links to external websites and resources. Please be aware that Trainistry does not control these external sites and resources, nor does it endorse them. Consequently, Trainistry is not accountable for the content, advertisements, products, or other materials available from these external sites and resources. Additionally, Trainistry bears no responsibility, either directly or indirectly, for any damage or loss that may result from your use of, or reliance on, the content, goods, or services available through these external sites or resources.

Intellectual property rights

Trainistry allows you to use the Site for the designated purposes and in line with these Terms, exclusively for personal, non-commercial purposes. This permission is subject to revocation at any time without notice. You are not permitted to repurpose the Site’s content or materials for any other use, such as incorporating them into databases, compilations, or archives. Unauthorized deep-linking to the Site, manual or automated site scraping, copying, or monitoring is prohibited. Trainistry retains all legal rights against anyone who breaches this condition. Linking or framing the Site’s content requires Trainistry’s prior written approval, though you are free to like, follow, or share Site links via social networking as mentioned on the Site.

You are not permitted to reproduce, alter, rent, lease, sell, distribute, or create derivative works from any content provided by Trainistry or its content providers, unless explicitly authorized. This includes modifying or reverse engineering any software provided by Trainistry, as well as altering any copyright or trademark notices.

The term ‘Trainistry Trademarks’ encompasses all trademarks, logos, and other brand elements used by Trainistry. These trademarks cannot be altered or used in conjunction with your own products without Trainistry’s explicit written consent. Any use of Trainistry Trademarks by you benefits Trainistry exclusively.

No rights to intellectual property are granted through these Terms, except as expressly stated. You may display, copy, distribute, and download Trainistry’s content for personal, non-commercial use, provided copyright notices remain intact, and no modifications are made. This permission ceases immediately if you breach any terms herein. Upon termination, all downloaded or printed content must be destroyed.

Copyright Infringement

Trainistry is committed to respecting the intellectual property rights of others and expects the same from its Users. Therefore, Users are prohibited from posting, altering, distributing, or reproducing any Site content that is protected by copyright unless they own the copyright or have received explicit permission from the copyright holder. Trainistry reserves the right to remove any content believed to infringe on others’ copyright rights and may terminate the accounts of Users who are repeatedly infringing.

If you suspect that your copyrighted work has been reproduced on the Site in a manner that constitutes infringement, Trainistry will address notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the ‘DMCA’). To report an infringement, the notice must include: (a) a signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed; (c) a description of the infringing material and its location on the Site; (d) contact information for the notifier; (e) a statement that the notifier believes in good faith that the material is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notice is accurate and the notifier is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe that a copyright infringement notice has been wrongly filed against you, you may submit a counter-notice under the DMCA. For detailed requirements, visit http://www.loc.gov/copyright. Contact Trainistry for copyright claims at support@trainistry.com.

Be aware that under federal law, knowingly making false claims of copyright infringement can result in criminal prosecution and civil penalties.

This procedure is solely for informing Trainistry about potential copyright infringements. It should not be considered legal advice. Consulting with an attorney about your rights under the DMCA and other relevant laws is recommended.

Consistent with the DMCA and other applicable laws, Trainistry has a policy of terminating Users who are repeat infringers in appropriate circumstances. Trainistry may also limit access to the Site or terminate the accounts of Users who infringe the intellectual property rights of others.

Termination and suspension

Trainistry retains the right to alter or temporarily halt the Service, or any part of it, at any time, with or without prior notice. Trainistry is not liable to you or any third party for changes, suspensions, or interruptions of the Service.

Trainistry may, at its sole discretion, suspend or terminate your password, account, or use of the Service for any reason, including but not limited to inactivity or if it is believed that you have breached the terms of this Agreement. The termination of your access to the Service may occur without warning. In such instances, Trainistry may immediately deactivate or delete your account and all associated data and prevent further access to the Service. Trainistry is not liable to you or any third party for any termination of your access to the Service.

Disclaimer of warranties

Please be fully aware and acknowledge that:

Your use of the Site is entirely at your own risk, unless explicitly stated otherwise. The Site, including all information, services, and content, is offered to you ‘as is,’ ‘as available,’ and ‘with all faults.’ Trainistry explicitly disclaims any and all warranties and conditions, whether express or implied, including but not limited to any implied warranties of merchantability, quality, or fitness for a particular purpose. No guarantees, warranties, or representations are made by Trainistry regarding the usefulness, quality, suitability, truthfulness, accuracy, or completeness of the Site.

Trainistry does not guarantee that: (A) the Site will operate uninterrupted, in a timely manner, securely, or free from errors; (B) the results obtained from using the Site will be accurate, reliable, or satisfactory; (C) the quality of any products, services, content, or other materials obtained through the Site will meet your expectations; (D) any errors on the Site will be corrected; or that the services are suitable for use in locations outside of the United States.

You assume all responsibility for any potential risks, including any damage to your computer system or data loss, that may result from downloading or accessing content from the Site, including potential harm due to computer viruses.

Limitation of liability

The Site functions as a platform connecting individuals seeking tutoring services with those offering them.

It is understood and agreed that Trainistry does not have control over the actions or inactions of any user, whether on or off the Site, and does not make any claims or guarantees regarding the quality of services offered by users. Trainistry is not responsible for the conduct or performance of any user, either on or off the Site. Therefore, Trainistry is expressly exempt from any liability for disputes, controversies, claims, injuries, or damages that may arise in connection with the Site, including, but not limited to, any actions or inactions of users.

Transactions and interactions on the Site are conducted directly between users. Trainistry is not involved in these interactions and is not liable for any disputes, claims, losses, injuries, or damages of any kind that may occur during or as a result of these interactions.

To the extent allowed by law, Trainistry will not be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including but not limited to loss of business, revenue, profits, goodwill, data, or other intangible losses, resulting from or connected with the use of the Site. This applies even if Trainistry has been advised of or could have foreseen the possibility of such damages. These limitations apply regardless of whether the damages arise from breach of contract, tort (including negligence), or any other legal theory. However, in jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, these limitations may not apply.

Trainistry’s total liability for any damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, will not exceed the greater of the amount you have paid to Trainistry, if any, or $100.

You and Trainistry acknowledge that the disclaimers and limitations of liability outlined in these Terms are fundamental elements of the basis of the agreement between you and Trainistry. They are a key factor in setting consideration under this agreement and have been factored into each party’s decision to enter into the agreement. These disclaimers and limitations are considered fair and reasonable by both you and Trainistry.

If you are dissatisfied with the Site or do not agree with any of these Terms, your only remedy is to discontinue using the Site, except as specifically provided in this section.

Assumption of risk

Users accept all responsibilities and risks associated with using the Site, which includes, but is not limited to, risks involved in both online and offline interactions with other Users. Users are advised to exercise all necessary caution and to adhere to the safety guidelines provided by Trainistry, specifically the Tutor and Student Safety Tips, during their interactions with other Users.

Indemnification

Users agree to indemnify, defend, and protect Trainistry, along with its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, partners, employees, and representatives, against all claims, demands, actions, losses, expenses, damages, and liabilities, including reasonable legal fees and costs, arising from any activities related to their use of the Site. This indemnification responsibility covers: (a) actions or inactions by the User, both on and off the Site; (b) any violation of others’ rights, including but not limited to, claims of intellectual property infringement or other violations related to the Site; (c) breaches of these Terms; (d) disputes with or between other Users; (e) improper use of the Site and its content; (f) violations of any laws or regulations; (g) providing inaccurate, outdated, incomplete, or misleading information on the Site; (h) any misstatements or misrepresentations; (i) interactions with third-party websites and their content, services, and products; (j) handling of User information; (k) reliance on third-party reports; (l) use of third-party payment services; (m) use of phone support services; and (n) use of services or products or arrangements made based on information obtained from the Site.

Users must provide necessary cooperation in the defense of such claims. Trainistry reserves the right to take over the exclusive defense of any claim for which Users are required to indemnify Trainistry, and Users must not settle any such claims without Trainistry’s written consent.

Arbitration

Please read this section attentively as it requires both parties to settle disputes through arbitration, which affects how you can seek resolution from Trainistry. If you have a dispute with Trainistry, you should first contact us at support@trainistry.com to try to resolve it informally. If we cannot resolve the dispute within sixty (60) days, both parties agree to settle any claims, disputes, or controversies (excluding claims for injunctive or other equitable relief as outlined below) related to this agreement, or its alleged breach, through binding arbitration. This arbitration will be conducted by JAMS under its current Optional Expedited Arbitration Procedures, unless specified otherwise. More information about JAMS and its procedures can be found at www.jamsadr.com. Arbitration will take place in Santa Clara County, California, unless an alternative location is mutually agreed upon.

For disputes involving Schools or commercial use of the Site, both parties are responsible for their own costs related to JAMS arbitration, including filing, administrative, and arbitrator fees. The arbitrator’s decision will include the cost of arbitration, reasonable legal fees, and reasonable expenses for experts and witnesses. If you’re using the Site for non-commercial purposes, you might be required to pay a fee to initiate arbitration with JAMS, unless you obtain a fee waiver. The arbitrator’s award may cover your arbitration costs, reasonable attorney’s fees, and other related expenses. You also have the right to bring a claim in a small claims court, provided that you have first attempted informal resolution. Any arbitration award can be enforced in a court of competent jurisdiction.

This section does not prevent Trainistry from seeking court-issued injunctive or other equitable relief to protect its data security, intellectual property rights, or other proprietary interests.

Injunction

Despite the agreement to arbitrate disputes, Users acknowledge that a significant violation of these Terms could cause Trainistry irreparable damage that monetary compensation alone cannot remedy. Therefore, in such cases, along with its other legal rights and remedies, Trainistry retains the right to seek judicial relief, including both temporary and permanent injunctions, through the courts. In the event Trainistry pursues an injunction, you agree to waive any requirement for Trainistry to post a bond or other form of security.

Notices; modification and termination of services; amendment of terms

Trainistry may notify Users through email, postal mail, or by posting notices or links on the Site. Trainistry retains the right to alter, pause, or discontinue its services, or any part thereof, and access to them, at any time, with or without prior notice. Trainistry also reserves the right to remove or restrict access to any related information and files. Trainistry is not liable for any changes, suspensions, or terminations of service, or for any loss of related information. Trainistry may update these Terms at any time, with the revised terms being posted on the Site. Your continued use of the Site after such updates signifies your agreement to the amended Terms. If you disagree with any terms in this Agreement or any future updates, you should stop using and accessing the Site.

However, Trainistry will not make significant changes to the Terms regarding the collection or use of Student Data without first notifying the school or parent and offering a choice before the Student Data is used in a significantly different way than initially disclosed.

Governing law; waivers

This Agreement is governed and interpreted under the laws of the State of California, disregarding any choice-of-law principles. You consent to the jurisdiction of federal and state courts in Santa Clara County, California for matters where we seek an injunction or other equitable relief to address potential or actual infringement, misappropriation, or violations of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as outlined in the Arbitration section. This also includes any interim relief necessary to prevent lasting harm. San Mateo County, California is deemed the appropriate location for any appeals related to arbitration awards or for court proceedings if arbitration is deemed unenforceable.

For all individuals and entities, irrespective of their use of the Service for personal, commercial, or other purposes, claims must be made on an individual basis and not as a plaintiff or class member in any class action, collective action, private attorney general action, or other representative proceedings. This restriction also applies to class arbitrations; unless otherwise agreed, the arbitrator cannot consolidate claims from more than one individual. By agreeing to this Agreement, both you and Trainistry waive the right to a jury trial or to participate in class actions, collective actions, private attorney general actions, or any other representative proceedings of any kind.

Entire agreement

These Terms represent the full and exclusive agreement between you and Trainistry regarding their content, and they replace and nullify all previous versions of these Terms. You are not permitted to assign or transfer these Terms or any rights provided under them. Additionally, your use of the Trainistry Site or any third-party products or services may be governed by additional terms and conditions.