Acceptance
Your access, browsing, and use of TutorWell App, Inc.’s website, products, and services (collectively, the “TutorWell Services”) are subject to the following terms and conditions, which include your agreement to arbitrate claims (the “Terms of Use”). References to “You” or “Your” shall mean the individual users of the TutorWell Services depending on the context in which those terms are used. References to “TutorWell,” “we,” “us,” or “our” mean TutorWell App, Inc.
BY CREATING AN ACCOUNT, CLICKING “I AGREE,” OR ACCESSING OR USING THE TUTORWELL SERVICES, YOU FULLY ACCEPT AND AGREE TO THESE TERMS OF USE AND TO TUTORWELL’S PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE TUTORWELL SERVICES. Your use of the TutorWell Services is also subject to all applicable third-party rights, laws, and regulations. The TutorWell Services may integrate with products or services of third parties not affiliated with TutorWell (“Third-Party Services”). You should review the terms of those Third-Party Services to ensure they are acceptable to you.
Information on This Website
The contents of the TutorWell Services are the sole and exclusive property of TutorWell, protected by law, including United States copyright law and international treaties. The material and functionality provided are used for informational and convenience purposes only and do not constitute advice, recommendations, or counsel. The contents are subject to change without notice to you. TutorWell makes no representation that the materials in the TutorWell Services are accurate, appropriate, or available for use in all locations.
Account Setup
Eligibility
To be eligible to use the TutorWell Services, you must be at least 18 years old, reside in a country in which TutorWell provides services, and register for a TutorWell account. Certain features may or may not be available to you depending on your location and other criteria.
Registration
You must register for a TutorWell account to use the TutorWell Services (a “TutorWell Account”). By registering or using a TutorWell Account, you agree and represent that you have created your account for yourself, that all information you provide is accurate, and that you are not acting on behalf of any third party unless you have obtained prior written approval from TutorWell. You are fully responsible for all activity that occurs under your TutorWell Account. We may, in our sole discretion, refuse to open an account, or suspend or terminate any account or your use of the TutorWell Services, for any reasonable purpose and at any time.
Consent to Processing of Your Personal Data
During registration, or at any other time deemed necessary by TutorWell, you agree to provide the information we request for the purposes of identity verification and providing the TutorWell Services to you. You consent to us accessing, processing, and retaining the personal information you provide for the purposes of providing and improving the TutorWell Services, as further described in our Privacy Policy. You can withdraw your consent at any time by closing your account; however, we may retain and continue to process your personal information where we reasonably believe it is necessary to comply with laws or regulations. See our Privacy Policy for more information on how we process your personal data and the rights you have.
Access to the TutorWell Services
The TutorWell Services can be accessed through our website and apps. Access may become degraded or unavailable during times of significant volume. Although we strive to provide excellent service, we do not represent that the TutorWell Services will be available without interruption, and TutorWell shall not be liable for any losses resulting from delays in processing, inability to access the Services, or lack of timely response from customer support.
Use Restrictions
Study Content
The lessons, practice questions, mock tests, answer keys, model answers, and other study materials provided through the TutorWell Services are licensed to you for your own personal, non-commercial exam preparation only. You may not copy, redistribute, publish, sell, or share these materials, or use them to create or operate a competing service.
Prohibited Use
You agree that you will not:
- use the TutorWell Services in violation of any third party’s rights, including activity that is illegal, obscene, indecent, offensive, fraudulent, or that violates any privacy or intellectual property rights;
- modify, disassemble, decompile, reverse engineer, or prepare derivative works of the TutorWell Services, or attempt to gain access to their source code; or
- use the TutorWell Services in a manner that does, or is intended to, harm, disable, or adversely affect the Services in any way.
Limitations on Use
You may not reproduce, resell, or distribute the TutorWell Services or any reports or data generated by the Services for any purpose. You will not use the TutorWell Services to develop competing products or services, enable any third party to use the Services purchased by you, or use the Services for the development, production, or marketing of a service or product substantially similar to the Services.
Intellectual Property
Copyrights
TutorWell owns all copyrights in the material provided in the TutorWell Services. None of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form without the prior written permission of TutorWell, except for content created by you.
Trademarks
The trademarks, service marks, and logos used and displayed in the TutorWell Services are the trademarks of TutorWell and others. Nothing in the TutorWell Services should be construed as granting any license or right to use any trademark without the express written permission of the trademark owner.
No Affiliation with Exam Providers
TutorWell is an independent exam-preparation tool and is not affiliated with, endorsed by, or sponsored bythe British Council, IDP: IELTS Australia, Cambridge Assessment English, or Educational Testing Service (ETS). “IELTS” and “TOEFL” are trademarks of their respective owners and are used in the TutorWell Services for descriptive and identification purposes only. We make no guarantee of any particular score or band result.
Disclaimer of Warranties
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, ALL CONTENT, INFORMATION, SERVICES, AND TOOLS IN THE TUTORWELL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE TUTORWELL SERVICES IS SOLELY AT YOUR OWN RISK. TUTORWELL MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW. TUTORWELL MAKES NO WARRANTY THAT THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE.
Indemnification
You will indemnify, defend, and hold TutorWell (and our respective employees, directors, agents, affiliates, and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, interest, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) any actual or alleged breach of your representations, warranties, or obligations under these Terms of Use; (b) your wrongful or improper use of the TutorWell Services; (c) your violation of any third-party right, including any right of privacy, publicity, or intellectual property; (d) your violation of any law or regulation; and (e) any other party’s access to or use of the TutorWell Services with your username and password.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT, EXCEPT AS OTHERWISE EXPRESSLY STATED AND TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL TUTORWELL AND ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF THE NATURE OR BASIS OF THE CLAIM, RESULTING FROM ANY USE OF THE TUTORWELL SERVICES OR THE CONTENTS THEREOF, INCLUDING ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, FAILURE OF PERFORMANCE, OR EQUIPMENT OR NETWORK FAILURE, EVEN IF TUTORWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TUTORWELL’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNT YOU PAID TO TUTORWELL UNDER THIS AGREEMENT.
Class Action Waiver
Any proceeding to resolve or litigate any dispute will be conducted solely on an individual basis. Neither you nor TutorWell will seek to have any dispute heard as a class action or in any other proceeding in which either party acts in a representative capacity. You are giving up your right to participate as a class representative or class member on any class claim you may have against us, including any right to class arbitration or any consolidation of individual arbitrations.
Revisions
TutorWell may at any time revise these Terms of Use by updating this posting. By continuing to use the TutorWell Services, you agree to be bound by any such revisions and should periodically visit this page to determine the then-current Terms of Use to which you are bound.
Jurisdiction
These Terms of Use shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. You agree that any dispute or claim arising out of or in connection with these Terms of Use shall be adjudicated in the state and federal courts located in Delaware.
Dispute Resolution & Arbitration
You and TutorWell agree that any and all disputes, except those resolved informally or brought in a small claims court, will be arbitrated by a neutral arbitrator who has the power to award the same individual damages and relief that a court can. ANY ARBITRATION UNDER THESE TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY. If any provision of this arbitration agreement is found unenforceable, it will be severed and the remaining terms enforced.
Informal Dispute Resolution
Before commencing any arbitration or suit, each party agrees to send the other a written notice and to attempt to resolve the dispute through informal negotiation within sixty (60) days of the date the notice is sent. Any notice to TutorWell should be sent to the address in the “How to Contact Us” section below. After that sixty (60) day period, and not before, either party may commence arbitration.
Arbitration Procedures
If the parties are unable to resolve the dispute informally, all disputes will be resolved finally and exclusively by binding individual arbitration administered by the American Arbitration Association (adr.org) under its Commercial Arbitration Rules. The Federal Arbitration Act fully applies. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.
Small Claims Court
Subject to applicable jurisdictional requirements, either party may elect to pursue a dispute in a local small-claims court rather than through arbitration, so long as the matter remains in small claims court and proceeds only on an individual basis.
Opt-Out
You may reject the arbitration provision, in which case only a court may be used to resolve any dispute. To reject this provision, you must send us an opt-out notice within thirty (30) days after you create a TutorWell Account or we first provide you with the right to reject this provision.
Fulfillment & Refund Policy
Upon successful payment, users receive immediate access to TutorWell’s premium features, including the full study curriculum, question bank, and scored mock tests. Access is provided through our web and mobile apps. No physical goods are delivered.
Refund rules and request processes depend on where the subscription was purchased:
- Purchases made directly through our website: TutorWell offers a 30-day money-back guarantee. To request a refund, open the support chat in the app or on our website and select the refund option. Refunds are processed to your original payment method.
- Google Play subscriptions: the standard refund window is 7 days from the subscription start date. To request a refund, contact us with your Google Play order number (beginning with GPA). Any statutory rights under applicable consumer protection laws are not affected.
- Apple App Store purchases: refund requests must be submitted through Apple.
How to Contact Us
TutorWell App, Inc.
Email: support@tutorwellapp.com