This document (the “Agreement”) sets out the terms and conditions of use of the Superstudy online video platform and its associated software and online functionalities (the “Platform”). It governs both the tutors that provide educational services on the Platform (“Tutors”) and students that access the Platform to access and select the tutoring services provided by Tutors (“Students”). Use of the term “you” refers to both categories of Tutors and Students and use of the term “Superstudy”, “we”, “us” or “our” refers to Superstudy, LLC, a Massachusetts limited liability company.
Our Platform can be found at https://superstudy.com, and also includes all of the subdomains, mobile applications, any other media, location, application, and services owned, managed, operated, etc. by Superstudy.
We provide the Platform to allow (i) Tutors to promote and provide online tutoring courses and services (the “Tutoring Services”) to Students, and (ii) Students to browse and select various Tutoring Service offerings provided by Tutors on the Platform. Superstudy offers these Tutoring Services along with a number of additional services and tools (e.g. payment gateways, student/tutor pairing services, student/tutor Q&A materials). The full suite of offerings, tools, Tutoring Services and other functionalities provided through the Platform are referred to in this Agreement as the “Services”.
By using our Platform you expressly agree to, and consent to be bound by the terms of this Agreement. If you do not agree with the terms and conditions set forth in this Agreement or you do not wish to be bound by this Agreement, you must not use or access the Platform.
Superstudy is neither a content provider nor an educational institution, rather, we provide the Platform and technical structure and Services through which Tutors provide their Tutoring Services to Students. Tutors and Students are not employees, representatives or agents of Superstudy. Superstudy is not responsible for interactions between Tutors and Students, with the exception of providing the technological means through which Tutors may make their Tutoring Services available to Students and for processing payments through Superstudy’s payment gateway. Superstudy is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Tutor/Student relationship, including but not limited to, any Student’s reliance upon any information provided by a Tutor at any time. YOU AGREE THAT YOU SHALL NOT VIOLATE ANY LAW IN USING THE SERVICES OR THE PLATFORM, NOR SHALL YOU ENGAGE IN ANY ACTIONS OR INACTIONS THAT RESULT IN ANY LIABILITY TO SUPERSTUDY, INCLUDING ENGAGING IN ANY CRIMINAL ACTIONS OR CONSPIRACY TO ENGAGE THEREIN, OR ANY LEWD, OBSCENE OR OTHERWISE OBJECTIONABLE ACTS, AND YOU SHALL INDMENIFY SUPERSTUDY FROM AND AGAINST AND HOLD SUPERSTUDY HARMLESS FOR ANY AND ALL SUCH ACTIONS AND/OR ATTEMPTS TO ENGAGE THEREIN TO THE FULL EXTENT OF THE LAW.
Students and Tutors assume full responsibility for the disclosure and use of any other personal information they choose to disclose on the Platform.
II. Age Restrictions
A. If you are under the age of 13 you may not use our Platform in any manner any you may not register for an account. If you are between the ages of 13 and 18, you must have your parent or guardian’s permission to use the Platform. If you are over 18 years old you may use the Platform without requiring your parent or guardian’s prior permission to do so. By using our Platform, you acknowledging to us that you have obtained the appropriate permissions to use the Platform.
A. Superstudy grants you a limited, non-exclusive license to access and use the Platform for your own personal purposes. This license is only for your use and may not be assigned or sublicensed to anyone else, without Superstudy’s express written consent. Except as expressly permitted by Superstudy in writing, you will not try to reproduce, nor will you reproduce, the Platform (i.e., redistributing, selling, creating derivative works from, decompiling, reverse engineering, or disassembling the Platform, or reassembling the Platform in any way). You also agree that in exchange for this license you will not engage in any activity that would interfere with or damage or harm the Platform. All rights not expressly granted by Superstudy under this Agreement are reserved.
IV. Code of Conduct
A. The following terms govern your use of the Platform.
1. No Illegal Activity: You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable federal, state, or local law or regulation.
2. No Fraud: Fraud will not be tolerated in any capacity.
3. No Bad Code: Viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner shall not be uploaded or distributed using the Platform.
4. No Spamming: you may not use the Platform to engage in any activities that will result in sending spam to anyone.
5. No Exploitation: You will not use the Platform to try to gather personal information on anyone, other than to conduct the Services provided under the Platform.
6. No Use Other Than Intended: You may not use the Platform or any content contained on the Platform for any purposes other than intended.
B. If you violate this Code of Conduct we reserve the right to prohibit you from accessing the Platform and may remove any of your content from the Platform in our sole and absolute discretion.
V. Course Content
Superstudy reserves the right to prohibit you from accessing the Platform and to remove your content from the Platform should you upload any content or material that is libelous, slanderous, pornographic, obscene, unlawful, threatening, defamatory, or otherwise objectionable to Superstudy in our sole discretion, or that violates any party’s intellectual property or any other part of this Agreement.
VI. Intellectual Property and Data Processing
A. Superstudy Content: Content on the Platform, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as "Superstudy Content", and is and remains the sole property of Superstudy. Superstudy Content, including our trademarks, may not be modified by you in any way.
B. Your Content: Content that you upload to the Platform is and remains your content. Superstudy does not claim any intellectual property rights over the materials you upload to the Platform by virtue of your use of our services. By uploading your content to the Platform, you agree that:
1. Superstudy may review your content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but Superstudy has no obligation to review anything that you upload.
2. You are uploading your content to the Platform at your direction and Superstudy does not in any way certify or approve or otherwise grant prior permission to you uploading your content.
3. Superstudy may display your content to other users on the Platform.
4. By uploading your content to the Platform, you grant us a non-exclusive, perpetual, worldwide, sublicenseable and irrevocable license to use and display the content to any third party, in any medium.
5. You are responsible for and own, or have the rights to use, all of your content.
C. Content Free of Infringement of Any Third Party Rights
You agree that your content does not infringe upon anyone else’s intellectual property rights and that you have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own or have the right to use the content.
D. Data Processing
Tutors are responsible for protecting all personal information they provide to, or receive from, Superstudy in connection with the use of the Services. Tutors agree that they are subject to and shall abide by all applicable data protection laws when processing data regarding Students or other Tutors.
VII. Superstudy’s General Rights In Operating Its Platform
A. Superstudy reserves the following rights over the Platform:
1. Superstudy may modify, terminate, or refuse to provide Services at any time for any reason, without notice.
2. Superstudy may remove anyone from the Platform at any time for any reason, solely in Superstudy’s discretion.
3. Superstudy may, but has no obligation to, monitor any content that appears on the Platform or review any conduct occurring through the Platform, including any interactions between Tutors and Students as well as other representatives of Superstudy.
4. Superstudy reserves the right to modify, suspend, or alter its policies, at its sole discretion.
5. If you close your account, Superstudy may keep after termination a copy of the content you have provided on or uploaded to the Platform. You grant us a non-exclusive, perpetual, irrevocable license to maintain such content for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law.
6. Superstudy reserves the right to remove your access to and your content on the Platform without warning if you violate any of the provisions of this Agreement.
7. Superstudy has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of this Agreement at any time and for any reason.
Under the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), if Superstudy believes for any reason that any content on its Platform violates any copyright law or has been illegally copyrighted or violates any third party’s claim to copyright protection, Superstudy reserves the right to remove, block, or otherwise eliminate the content. Superstudy also reserves the right to remove from the Platform any Tutors, Students, or other parties who violate, or threaten to violate, this policy. If you believe your copyright interests are being violated by Superstudy, please contact Superstudy in writing immediately.
IX. Trademark Violations
The DMCA (again, the Digital Millennium Copyright Act), only covers copyrights. For claims of trademark infringement, if Superstudy believes for any reason that any content on its Platform violates any trademark protections or violates any third party’s claim to trademark protection, Superstudy reserves the right to remove, block, or otherwise eliminate the content. Superstudy also reserves the right to remove from the Platform any Tutors, Students, or other parties who violate, or threaten to violate, this policy. If you believe your trademark interests are being violated by Superstudy, please contact Superstudy in writing immediately.
X. Third Party Communications
By using the Platform, you may receive communications from third parties (e.g., Tutors may communicate with Students and vice versa). Superstudy is not responsible for these communications and shall not have any liability in connection with them. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party communications. Superstudy assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such communications.
XI. Third Party Offerings
Through the Platform, you will have the ability to access content, links to websites, and services provided by Tutors, Students, and other third parties (“Third Party Offerings”). Your use of any Third Party Offerings provided on this Platform or a third party website is at your own risk. Superstudy does not monitor or have any control over, and makes no claim or representation regarding Third Party Offerings and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third Party Offerings. You should review applicable terms and policies, including privacy and data gathering practices, of any third party, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
A. Superstudy uses _____ for its billing purposes. You acknowledge and agree that the Services shall be billed at the rates set out in Superstudy’s billing policies and offerings, and that such billing rates may change from time to time, upon publication on the Platform. Any third party fees assessed through any third party billing service shall be your own responsibility. Additionally, Tutors shall be individually liable for the payment of any third party providers that any Tutor may engage in connection with any Tutor Services (i.e., content providers, authors, visuals). Tutors are responsible for making payments to authors and affiliates on their own.
B. Depending on the processing method, Superstudy may charge transaction fees. You agree to pay all fees and charges that are made to your account and that you are solely responsible for payment of these fees and charges.
C. Paid plans are automatically charged at the beginning of each billing period. Unless you submit a cancellation request to us in writing via email (firstname.lastname@example.org) or directly through your account prior to the start of the billing period, your plan will be charged upon the renewal of its billing period. You agree that Superstudy may charge any recurring service to the credit card or debit card that you provide.
D. Should you not authorize payment or are otherwise not current on your payments for the Services, Superstudy may restrict your Platform access until your account becomes current and paid in full.
E. Superstudy reserves the right to pursue fees owed using collection methods which may include charging other payment methods on file with Superstudy and/or retaining collection agencies or legal counsel.
F. Superstudy reserves the right to offer custom plans and pricing in addition to what is offered on the pricing page. Custom plans may also include custom billing and payment terms, including billing periods and renewals, that are different from our standard terms.
XIII. Cancellation and Deletion
If you cancel, the cancellation will become effective at the end of the then-current billing cycle. When you cancel a paid plan, your account will revert to a free account and Superstudy may disable access to features available only to paid plan users.
1. You may delete Your account at any time.
2. If Your account is deleted (regardless of the reason), your content may no longer be available. Superstudy is not responsible for the loss of such content upon deletion.
3. Upon deletion of Your account (regardless of the reason), all licenses granted by Superstudy will terminate.
C. Effect of Cancelation/Deletion
Should a course, Tutor account, or Student account be canceled or deleted, the Tutor or Student may no longer have access to content and it may be irrecoverable. Superstudy shall not be liable to any party in any way for the inability to access content arising from any cancelation or deletion, including any claims of interference with business or contractual relations. You remain responsible however for payment of any then-pending charges, fees and expenses through the end of any current billing cycle.
XIV. Errors and Corrections
1. Superstudy does not guarantee that the Platform or any services offered through the Platform will be error-free or otherwise reliable, nor does Superstudy guarantee that defects will be corrected or that any offerings through the Platform will always be accessible. Superstudy may make improvements and/or changes to the Platform and their features and functionality at any time, and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur. Errors in content are the responsibility of the Tutor and the Student who owns the content.
2. We reserve the right to modify the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Platform to Tutors and Students.
XV. Limitations of Liability
You acknowledge and agree that Superstudy is not liable for your breach of this Agreement and losses that may result from your use of the Platform. You also acknowledge and agree that the Platform is offered “As Is and Where Is” and may not always be 100% perfect or reliable and that Superstudy cannot warrant or guarantee that it will always be free of errors or defects. Any claims for damages against Superstudy will be limited to a portion of the fees you have paid us.
Our limitations of liability are as follows:
A. You agree that Superstudy, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from your use of the Platform.
B. You agree that Superstudy shall not be liable for any injuries, losses, claims, or damages that result from your use or engagement with content, downloads, or communications made available to you on, or through, the Platform.
C. Superstudy is not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code. Malicious computer code means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including worms, bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command.
D. Superstudy does not guarantee that any files available for downloading from the Platform will be completely free from viruses or other harmful computer code.
E. The Platform is provided to you on an “As Is, As Available” basis. As such, you agree to have an external method of recovering any lost data that may be uploaded to the Platform.
F. Superstudy disclaims any warranties to the Platform and the content contained therein, including warranties for merchantability, fitness for a particular purpose, non-infringement, or title.
G. Superstudy shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, resulting from the use of or inability to use the Platform.
H. You agree that Superstudy shall not be liable for any losses, injuries, claims, or damages from your violation or breach of this Agreement. You agree to indemnify, defend, and hold harmless Superstudy, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Platform from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you or arising from or related to your use or misuse of the Platform (including, without limitation, use in contravention of this Agreement, other Superstudy policies, and copyright and other intellectual property law).
I. You are solely responsible for ensuring that your use of the Platform complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Platform.
J. You may not assign your rights under this Agreement without Superstudy's prior written consent.
K. Should Superstudy’s limitation of liability not be applicable, Superstudy’s sole obligation to you, or any third party, for damages shall not exceed the amounts paid by you to Superstudy over the prior twelve (12) months directly preceding your claim.
L. You agree that Superstudy shall not be liable for any content that appears on the Platform.
M. Except as set forth herein, nothing express or implied in this Agreement is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity.
N. You agree that any cause of action or claim that you may have against Superstudy must be brought against us within one (1) year after the cause of action or claim arises. Should you not commence such cause of action or claim within this time period, it shall be barred.
XVI. Remedies for Violations
Superstudy reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to removing Tutors and Students from the Platform, the right to block access to the Platform from a particular IP address or other user identifier, or to refer the violation to the appropriate law enforcement authorities.
XVII. Governing Law and Jurisdiction; Disputes and Arbitration
A. This Agreement shall be governed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflicts of laws principles. Any action arising out of or relating to this Agreement shall be filed only in the state or federal courts located in Suffolk County, Massachusetts. You consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action and waive any objection thereto.
B. Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to this Agreement, shall be resolved by binding confidential arbitration by JAMS.
C. The arbitration will be conducted in Suffolk County, Massachusetts. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Superstudy from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of our data security, intellectual property rights, or other proprietary rights.
D. You and Superstudy agree to waive the right to trial by jury. You further agree that any proceedings to resolve any disputes shall be done solely on an individual basis and that you will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you act or propose to act in a representative capacity.
E. You also agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of Superstudy and all parties to any such proceeding.
XIX. Entire Agreement; Severability of Provisions; No Waiver
B. If any provision of this Agreement is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
C. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
Superstudy may review and update this Agreement at any time in our sole discretion. All changes are effective immediately when posted and apply to all uses of the Platform thereafter. Your continued use of the Platform following the posting of any revised terms and conditions governing the use of the Platform means that you accept and agree to be bound by the changes. Please check this webpage periodically for updates.
A. The headings and titles of sections to this Agreement are for the convenience of reference for the parties and are for informational purposes only and shall not be deemed to be a part of the language of this Agreement. Neither you nor Superstudy shall rely on, or interpret substantively, the headings when construing the meaning of each section or the Agreement as a whole.
Whenever such wording may appear in this Agreement, words in the singular shall mean and include the plural and vice versa and words in the feminine shall mean and include the masculine and vice versa.