My Private Professor Tutor Terms & Conditions

4.3 Independently Established Business. You represent and warrant that you are customarily engaged in an independently established trade, occupation, or business as a tutor or educator. You have the right to provide tutoring and educational services to other clients, platforms, organizations, or individuals, and the Company does not restrict you from doing so, subject only to the non-solicitation and non-circumvention provisions in Section 9. You are encouraged to maintain your own independent tutoring practice and to offer services through other platforms or directly to clients you have obtained independently.

4.4 Platform Standards Distinguished from Employment Direction. The Company maintains platform policies, a Code of Conduct, and operational requirements (collectively, “Platform Standards”) to ensure marketplace quality, safety, regulatory compliance, and child protection. Compliance with Platform Standards is a condition of your permission to use the marketplace and does not constitute employment supervision or direction of the manner and means of your tutoring. Platform Standards govern how you use the Company’s technology and interact with Clients and students on the platform – not how you teach.

4.5 No Employee Benefits. You are not eligible for Company employee benefits, including health insurance, paid time off, workers’ compensation coverage, or unemployment insurance.

4.6 No Authority to Bind. You may not make commitments or representations on behalf of the Company unless the Company authorizes you in writing.

4.7 Taxes. You are responsible for all taxes, withholdings, and filings related to amounts paid to you. The Company generally reports payments to you on IRS Form 1099-NEC when required. As an independent business operator, you are responsible for self-employment taxes and any other obligations applicable to your business.

4.8 Licenses and Credentials. You are responsible for maintaining any licenses, permits, or professional credentials that may be required for your business in the jurisdiction(s) where you work.

5. COMPENSATION; PAYMENTS; EXPENSES

5.1 Tutor Rate. Your hourly tutoring rate (“Tutor Rate”) will be communicated to you in writing (including through the Platform). The Company may update the Tutor Rate prospectively with notice through the Platform or by email.

5.2 Payment Schedule. The Company pays you for completed, billable tutoring time recorded in the Platform, typically on a weekly basis (or as otherwise communicated).

5.3 What is Billable. Billable time is the time you are actively tutoring during a Session. Preparation time and administrative time are not billable unless the Company agrees in writing.

5.4 Cancellations / No-Shows. You are not paid for Sessions you miss or cancel. Unless the Company states otherwise in writing, you are not paid for Sessions a Client cancels or misses. If a Session runs shorter than scheduled, payment is prorated to the actual tutoring time recorded in the Platform.

5.5 No Direct Payments. You may not accept any payment, tip, bonus, or other compensation directly from a Client for Services arranged through the Company.

5.6 Expenses. You are responsible for your own expenses (equipment, internet, workspace, etc.) unless the Company approves a specific expense in writing in advance.

6. PLATFORM USE; PROFESSIONAL STANDARDS; SAFETY

6.1 Platform Communications. You must use the Platform for scheduling and for communications with Clients and students, unless the Company approves an exception in writing. Sessions are conducted via the Wise platform and Zoom. Do not exchange personal contact information (phone, personal email, social handles) with Clients or students unless the Company instructs you to do so.

6.2 Equipment. You must maintain reliable internet access and equipment sufficient to deliver high-quality online tutoring (device, webcam, microphone, and speakers/headphones). You provide and are responsible for your own equipment and workspace.

6.3 Minors and Child Safety. Many students are minors, including children under the age of 13, and may be located anywhere in the United States. You agree to:

• Interact professionally and maintain appropriate boundaries at all times.
• Use the Platform’s features and follow the Company’s safety guidance for all Sessions, and particularly for Sessions with minors.
• Never share personal contact information with a minor or their family outside the Platform without written authorization from the Company.
• Immediately report to the Company any suspected abuse, grooming behavior, threats of self-harm, exploitation, or other safety concerns.
• Comply with all applicable mandatory reporting obligations under state and federal law, including child abuse and neglect reporting requirements. Because Tutors and students may be located in different U.S. states, you are responsible for understanding and complying with the mandatory reporting laws applicable in your state of residence and, where required, in the student’s state. Nothing in this Agreement limits those obligations.
• Follow any instructions from the Company regarding parental or guardian involvement, communication protocols, or consent requirements applicable to students under 13 under COPPA and applicable state law.

6.4 Academic Integrity. You may not facilitate cheating, plagiarism, or academic dishonesty. You may support skill-building, understanding, and legitimate study strategies.

6.5 Non-Discrimination. You will provide Services in a respectful, non-discriminatory manner consistent with applicable law and Company policies.

7. PRIVACY; CONFIDENTIALITY; DATA SECURITY

7.1 Confidentiality. You must keep Confidential Information strictly confidential and use it only to provide Services through the Company. You may not disclose Confidential Information to any third party.

7.2 Student Data. Client and student information may include personal information and educational records. You agree to access and use such information only as needed to provide Services, and to follow the Company’s privacy and security instructions.

7.3 Data Security Requirements. You will take reasonable steps to protect data, including:

• Using a password-protected device and secure internet connection;
• Not downloading, storing, or sharing recordings, transcripts, screenshots, or student work outside the Platform unless the Company instructs you in writing;
• Promptly notifying the Company if you believe data was accessed or shared improperly.

7.4 COPPA / Under-13 Students. If the Company identifies a student as under 13 or otherwise subject to COPPA requirements, you will follow the Company’s instructions regarding parental/guardian involvement, consent, and communications.

8. RECORDINGS; WORK PRODUCT; IP; USER CONTENT

8.1 Session Recording and Review. Sessions may be recorded, transcribed, or analyzed through the Platform for quality assurance, safety, dispute resolution, and service delivery purposes, as permitted by law and Company policies. These recordings are a marketplace safety and quality function. You agree to participate in Sessions under these conditions and to provide any required notice to Clients at the start of a recorded Session consistent with Company policy.

8.2 Ownership. As between you and the Company, the Company owns Session recordings and transcripts created through the Platform. You may use your own original lesson materials outside the Platform, but you grant the Company the rights in Section 8.3 to operate and improve the Services.

8.3 License to User Content. If you upload or create materials on the Platform (“User Content”), you grant the Company a perpetual, worldwide, royalty-free, non-exclusive license to use, host, store, reproduce, modify, distribute, display, and create derivative works from that User Content for operating, improving, marketing, and providing the Services, including quality control and tutor development.

8.4 Company Content. Any Company-provided content, templates, training, or materials remain the Company’s property. You may use them only to provide Services through the Company.

9. NON-SOLICITATION; NON-CIRCUMVENTION

9.1 No Circumvention. During the term of this Agreement and for one (1) year after it ends, you will not provide tutoring or similar services outside the Company to any Client or student you first learned about through the Company, unless the Company gives written permission. This restriction applies only to Company-introduced relationships and does not limit your independent tutoring business or your right to serve clients you obtained through your own independent efforts.

9.2 No Solicitation. During the term of this Agreement and for one (1) year after it ends, you will not solicit or encourage any Client, prospective Client, contractor, or business partner of the Company to stop using the Company or to move services away from the Company.

9.3 Reasonableness. You agree these restrictions are reasonable and needed to protect the Company’s relationships, confidential information, and investment in Client acquisition. These provisions do not restrict your independently established tutoring business with respect to clients not introduced by the Company.

10. BACKGROUND AND IDENTITY VERIFICATION

You authorize the Company (directly or through a third party) to verify your identity, education, and background, and you agree to provide accurate information. The Company may deny or remove access to the Platform based on verification results, to the extent permitted by law. Background verification is a marketplace safety requirement and does not alter your independent contractor status. Any background check fee offsets or temporary rate adjustments will be communicated to you in writing, if applicable.

11. TERM; TERMINATION

This Agreement begins when you accept it and continues until terminated.

Either party may terminate without cause with thirty (30) days’ written notice.

Either party may terminate immediately for material breach, misconduct, safety concerns, or suspected fraud.

Upon termination, your permission to use the Platform ends, and you must stop using Client/student information except as required to complete any approved wind-down tasks.

12. INDEMNIFICATION; RELEASE; ASSUMPTION OF RISK

12.1 Indemnification. You will indemnify, defend, and hold harmless the Company and its officers, directors, employees, contractors, and agents from any claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of or related to your Services, your breach of this Agreement, or your negligence or willful misconduct.

12.2 Third-Party Conduct. The Company is not responsible for the conduct of Clients, students, or other users. You are responsible for your own safety and professional judgment when providing Services.

12.3 Assumption of Risk. You understand and accept the ordinary risks of providing online tutoring services, including technology interruptions and interactions with third parties.

13. MEDIA CONSENT

Unless you revoke consent in writing, you allow the Company to use your tutor profile information, testimonials, and other non-confidential materials you provide for marketing and informational purposes (website, social media, and similar channels). The Company will not use your likeness in a way that is misleading.

14. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER

14.1 Informal Resolution. Before starting arbitration, either party will provide written notice of the dispute and allow at least thirty (30) days to try to resolve it informally.

14.2 Binding Arbitration. Except for claims that may be brought in small claims court if eligible, any dispute arising out of or related to this Agreement or your Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules. Because Tutors and students may be located in any U.S. state, any in-person hearing will be held at a location reasonably convenient to both parties; hearings may be conducted remotely where rules permit, unless the arbitrator determines otherwise.

14.3 Individual Claims Only. To the fullest extent permitted by law, you and the Company agree to bring claims only in an individual capacity and not as a plaintiff or class member in any class, collective, or representative action. The arbitrator may award relief only to the individual party seeking relief.

14.4 Fees. Each party will pay its own attorneys’ fees unless a statute or rule allows fee shifting. AAA fees will be handled under AAA rules, subject to applicable law.

14.5 Venue if Arbitration Is Unenforceable. If a court decides this arbitration provision is unenforceable for a particular claim, that claim will be brought exclusively in state or federal courts located in Orange County, California, and the parties consent to that venue and jurisdiction.

15. MISCELLANEOUS

• Assignment. You may not assign or subcontract your obligations without the Company’s written consent.
• Governing Law. This Agreement is governed by the laws of the State of California, without regard to conflict-of-laws rules, and by applicable federal law.
• Severability. If any provision is invalid or unenforceable, the rest of the Agreement remains in effect, and the invalid provision will be modified to best achieve its intent to the extent permitted by law.
• No Waiver. A waiver must be in writing and signed by the party waiving. A waiver of one breach is not a waiver of any later breach.
• Entire Agreement. This Agreement is the entire agreement between you and the Company about the Services and supersedes prior agreements on the same subject.
• Updates. The Company may update Platform Standards and operational requirements from time to time. Material changes to this Agreement will be provided to you for acceptance.