Legal
Terms of Service
Draft revision, not in effect. Sections 1, 4, 5, 7, 8, 9, 15, 16 and 19 contain proposed changes that are pending legal review. Until this notice is removed, the Terms in effect are those dated 22 August 2026.
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. "Course" — a course space in the Service, whether provisioned through the Institution's LMS or created by an instructor, together with the Authorized Users enrolled in or invited to it.
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
Ownership. As between you and Tutorify, the Institution and its Authorized Users keep all rights they hold in Customer Content. Tutorify does not claim ownership of it.
License to Tutorify. You grant Tutorify a limited, non-exclusive, royalty-free license to host, copy, process, index, embed, and display Customer Content solely to provide and support the Service for you and for the Authorized Users of the Course in which you share it, to keep the Service secure, and to comply with law. Customer Content is processed by Smart Ed. LLC and its listed sub-processors, including its AI inference provider, solely for these purposes. This license ends when the Customer Content is deleted from the Service, except for copies retained as described in the DPA or under Section 9.
No model training. Tutorify does not use Customer Content to train or fine-tune any AI model, ours or anyone else's. Customer Content is used only for retrieval and response generation within the Course in which it was uploaded.
Who can see it. Apart from processing by Tutorify and its sub-processors to provide the Service, Customer Content shared in a Course is available only to signed-in Authorized Users of that Course. Tutorify does not publish Customer Content or make it available to the public.
Personal data in Customer Content is handled as described in our Privacy Policy and DPA.
5. Your responsibilities for Customer Content
You represent and warrant that, for all Customer Content you upload or share: (a) you own it, or have all rights, licenses, and permissions needed to upload it to the Service and to let Tutorify use it as described in Section 4; (b) uploading it and using it in the Service does not infringe or misappropriate anyone's copyright, trademark, privacy, or other rights; and (c) your use complies with applicable law and with your Institution's policies, including its copyright policy.
Whether a particular use is permitted as fair use (17 U.S.C. § 107) or under the TEACH Act (17 U.S.C. § 110(2)) is for you and your Institution to decide. Tutorify does not review Customer Content before it is uploaded and has no obligation to monitor it, but may review it where we have reason to believe these Terms are being violated.
6. 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.
7. Acceptable use
You agree not to: (a) misuse the Service or interfere with its operation; (b) attempt to access data you're not authorized to access; (c) reverse-engineer or scrape the Service; (d) upload or share material you do not have the right to share, for example a complete commercial textbook obtained without the rights holder's permission; (e) upload unlawful, infringing, or harmful content; (f) circumvent technological measures that control access to copyrighted works, or remove or alter copyright management information; (g) use the Service to distribute Customer Content to anyone outside the Course, or to make it publicly available; (h) use the Service to violate FERPA or other applicable law; or (i) use it to build a competing product. We may remove content and suspend or terminate access for violations, as described in Section 9.
8. Copyright policy and repeat infringers
Tutorify respects intellectual property rights and expects users to do the same. We respond to notices of claimed copyright infringement that comply with the Digital Millennium Copyright Act (17 U.S.C. § 512). Our Copyright Policy explains how to send a notice or a counter-notice and gives the contact details of our designated agent.
When we receive a valid notice of claimed infringement, or otherwise learn that material on the Service infringes, we will remove or disable access to it and notify the user who uploaded it. Each valid removal counts as a strike. Accounts that receive three strikes within any 12-month period will be terminated. We may terminate an account after a single incident where the infringement is clear and serious, such as uploading a complete commercial work for distribution. A strike is withdrawn if the material is restored after a valid counter-notice. Terminated users may not open new accounts or use the Service through another person's account.
9. Removal of content and suspension
We may remove or disable access to Customer Content, and suspend or terminate an account, where: (a) we receive a notice under our Copyright Policy; (b) we become aware of facts or circumstances that make infringement apparent; (c) the content or its use violates Section 7 or applicable law; or (d) we are required to by law or court order.
Where lawful and practicable, we will tell the user who uploaded the content what was removed and why, and how to respond, including how to send a counter-notice. For accounts provided by an Institution, we may also notify the Institution's administrator. We may keep a secured copy of removed content for as long as needed to handle a counter-notice or legal claim. That copy is not available through the Service while the content is removed.
To the extent permitted by law, Tutorify is not liable to you for removing or disabling access to content in good faith under this Section.
10. 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.
11. 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.
12. Confidentiality
Each party will protect the other's confidential information and use it only as needed to perform under these Terms.
13. 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.
14. 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.
15. Indemnification
Indemnification obligations between Tutorify and an Institution are set out in the subscription agreement. If you use the Service other than under an Institution's subscription agreement, for example on an individual, trial, or evaluation account, you will defend, indemnify, and hold harmless Tutorify and its officers, employees, and agents against third-party claims, and related losses, damages, and reasonable costs (including attorneys' fees), arising from Customer Content you upload or share or from your breach of Section 5 or Section 7. Nothing in these Terms limits either party's obligations under a separately executed Data Privacy Agreement.
16. Term and termination
These Terms apply while you use the Service. We may suspend or terminate access for breach, including under Sections 8 and 9. On termination, the license ends and Customer Content is handled as described in the DPA. Sections 5, 10, 13, 14, and 15 survive termination.
17. 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.
18. 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.
19. Contact
Smart Ed. LLC — info@tutorify.ai
Copyright notices go to our designated agent, as described in our Copyright Policy. Questions about copyright: copyright@tutorify.ai.