Legal
Terms of Service
These Terms govern access to and use of the Tutorify platform (the "Service") provided by Smart Ed. LLC ("Tutorify," "we," "us"). By accessing the Service, you agree to these Terms. If you accept on behalf of an institution, you represent that you're authorized to bind it.
1. Definitions
"Institution" — the higher-education customer that licenses the Service. "Authorized User" — an administrator, instructor, or student the Institution permits to use the Service. "Customer Content" — materials and data the Institution or its Authorized Users upload or generate through the Service.
2. Accounts and eligibility
Access is provided to Authorized Users through the Institution's LMS integration or invitation. You're responsible for maintaining the confidentiality of your credentials and for activity under your account. The Service is intended for users in higher-education settings and not for children under 13.
3. License to use the Service
Subject to these Terms and any order or agreement with the Institution, we grant the Institution and its Authorized Users a non-exclusive, non-transferable right to access and use the Service during the subscription term for internal educational purposes.
4. Customer Content
As between the parties, the Institution and its Authorized Users retain all rights to Customer Content. You grant Tutorify a limited license to host, process, and display Customer Content solely to provide and support the Service, as further described in our Privacy Policy and DPA. You're responsible for having the rights to upload the content you provide.
5. AI-generated output
The Service uses AI to draft assessments, feedback, grades, and explanations. AI output may be inaccurate or incomplete and is provided for the instructor's review. Instructors are responsible for reviewing and approving output before it reaches students or affects grades. The Service is a teaching aid and does not replace professional educational judgment.
6. Acceptable use
You agree not to: misuse the Service or interfere with its operation; attempt to access data you're not authorized to access; reverse-engineer or scrape the Service; upload unlawful, infringing, or harmful content; use the Service to violate FERPA or other applicable law; or use it to build a competing product. We may suspend access for violations.
7. Intellectual property
Tutorify owns the Service, its software, models, and all related IP, excluding Customer Content. Feedback you provide may be used by Tutorify without obligation.
8. Fees
Fees, billing cycles, and payment terms are set out in the order form or subscription agreement between Tutorify and the Institution. Where no such agreement is in place — for example during an evaluation or pilot — the Service is provided at no charge and either party may end it at any time.
9. Confidentiality
Each party will protect the other's confidential information and use it only as needed to perform under these Terms.
10. Disclaimers
The Service is provided "as is" and "as available." To the fullest extent permitted by law, Tutorify disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and accuracy of AI output.
11. Limitation of liability
To the fullest extent permitted by law, Tutorify will not be liable for indirect, incidental, special, consequential, or punitive damages, or lost data or profits. Tutorify's total liability arising out of the Service will not exceed the amounts paid by the Institution in the twelve months preceding the claim, or, where the Service is provided at no charge, one hundred US dollars.
12. Indemnification
Indemnification obligations between the parties are set out in the subscription agreement. Nothing in these Terms limits either party's obligations under a separately executed Data Privacy Agreement.
13. Term and termination
These Terms apply while you use the Service. We may suspend or terminate access for breach. On termination, the license ends and Customer Content is handled as described in the DPA.
14. Governing law
Governing law, venue, and any dispute-resolution procedure are set out in the subscription agreement between Tutorify and the Institution. Public institutions are frequently required to contract under the law of their own state, and we accommodate that in the institutional agreement.
15. Changes
We may update these Terms and will post the revised version with a new effective date; material changes will be communicated to the Institution.
16. Contact
Smart Ed. LLC — info@tutorify.ai