These Terms of Use (“Terms”) constitute a legally binding electronic contract between you (“User”, “you”, “your”) and TutorCloud India Private Limited (“TutorCloud”, “we”, “us”, “our”) governing your access to and use of the TutorCloud.AI website, mobile applications, AI-powered tutoring platform, and related services (collectively, the “Services”) in India.

By registering, accessing, or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy (Part I), and our Cookie Policy (Part III). If you do not agree, you must not access or use the Services.

These Terms are an electronic record within the meaning of the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and do not require any physical or digital signature.

Account: The registered user account created on the Services.

Child: A User who has not completed 18 years of age.

Content: All text, images, audio, video, code, and other materials made available through the Services.

Institution: A school, district, coaching centre, college, university, or other educational entity that licenses the Services under a written agreement.

Institutional Services: The Services delivered under an institutional licence, including administrator, teacher, and student dashboards.

Parent: A parent or lawful guardian of a Child.

Services: The TutorCloud.AI website, mobile applications, AI features, and related products.

Subscription: A paid tier of the Services purchased by a User or by an Institution.

User Content: Content submitted, uploaded, generated, or transmitted by you through the Services.

• You must be at least 18 years old to create an Account on your own behalf and enter into these Terms as a principal user.
• Users under 18 years of age (Children) may access the Services only through an Account created for them by a Parent or by an Institution acting under the Parent’s consent.
• By registering, you represent that all information you provide is true, accurate, current, and complete, and that you have legal capacity to enter into these Terms.
• TutorCloud reserves the right to refuse service, terminate Accounts, or cancel access, in its sole discretion, in accordance with applicable law.

• Student Account (Adult) — for learners aged 18 and above.
• Student Account (Child) — for learners under 18, created by a Parent or Institution with verifiable parental consent.
• Parent Account — linked to one or more Child Accounts, providing oversight, safety controls, and consent-management functions.
• Teacher / Tutor Account — for educators delivering instruction through the Services.
• Institution / Administrator Account — for authorised administrators of Institutions that have licensed the Services.

You may hold only one Account of each type, unless otherwise permitted. You are responsible for maintaining the confidentiality of your credentials and for all activities under your Account.

Where a Child uses the Services, the Parent:

• Represents and warrants that they are the Parent or lawful guardian of the Child and have legal authority to consent on the Child’s behalf;
• Consents to TutorCloud’s collection, use, storage, and disclosure of the Child’s personal data as described in the Privacy Policy;
• Agrees to these Terms on behalf of the Child and undertakes to procure the Child’s compliance;
• Assumes responsibility for supervising the Child’s use of the Services, monitoring content and interactions, and educating the Child about safe online behaviour;
• Agrees that any consent may be withdrawn or modified at any time, with prospective effect.

The Parent is legally and financially responsible for the Child’s use of the Services, including any Subscription charges initiated from the Child’s Account or with the Parent’s payment credentials.

Where the Services are accessed by a User under an institutional licence:

• The Institution is the Data Fiduciary in respect of the User’s personal data collected in the course of the Institutional Services; TutorCloud acts as a Data Processor under written instructions from the Institution.
• The Institution warrants that it has obtained all necessary consents (including Parental consent for Child Users) required under applicable law.
• The commercial and data-processing terms between TutorCloud and the Institution are set out in a separate Master Services Agreement (MSA) and Data Processing Agreement (DPA), which take precedence over these Terms in respect of the Institutional Services.
• Institutional administrators may configure, restrict, or terminate User access, subject to law.

7.1 Free tier

We offer a free tier with limited features. By using the free tier, you agree to these Terms in full.

7.2 Paid subscriptions (B2C)

• Subscription fees, billing cycle, taxes (including GST), and refund conditions are displayed at the point of purchase.
• Subscriptions renew automatically at the end of each billing period unless cancelled prior to renewal.
• Refunds are governed by our Refund Policy displayed at checkout and are consistent with the Consumer Protection Act, 2019 and the E-Commerce Rules, 2020.
• You are responsible for all applicable taxes and duties.

7.3 Institutional licensing (B2B2C)

• Institutional licences are governed by the MSA between TutorCloud and the Institution.
• Individual Users under an Institutional licence do not pay TutorCloud directly.
• Institutional User access may be suspended or terminated by the Institution or in accordance with the MSA.

7.4 Payments

Payments are processed by PCI-DSS-compliant third-party payment processors. We do not store full card numbers. Failed payments may result in suspension of paid features until the outstanding amount is settled.

You agree that you will not, and will not permit any third party to:

• Use the Services in violation of any applicable law or regulation, including the DPDPA, IT Act, and Bharatiya Nyaya Sanhita, 2023.
• Upload, transmit, or share any content that is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, insulting, harassing on the basis of gender, libellous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force.
• Impersonate any person or entity, or misrepresent your affiliation with a person or entity.
• Collect, harvest, or scrape personal data of any User.
• Reverse-engineer, decompile, disassemble, or attempt to derive source code from the Services.
• Interfere with, circumvent, or attempt to compromise the security or integrity of the Services or any related infrastructure.
• Use automated means (bots, scripts, scrapers) without our prior written consent.
• Use the Services to develop a competing product or service.
• Use the AI features to generate content that promotes violence, hate speech, self-harm, sexual content involving minors, or infringes intellectual property rights.
• Cheat, plagiarise, or misuse the AI features to violate the academic integrity policies of any Institution or examination body.
• Share, resell, sublicense, or transfer your Account credentials.
• Use the Services in a manner that could reasonably be expected to harm minors.

By using our AI features (including AI tutor, voice recognition, adaptive learning, generative content, and video/webcam analytics), you acknowledge and agree that:

• AI outputs may contain errors, inaccuracies, hallucinations, or biases. You must independently verify factual, mathematical, scientific, or citation content before relying on it.
• AI features are provided as an educational aid and are not a substitute for professional advice.
• You must not submit personal data (yours or others’), sensitive personal information, government identifiers, financial data, health information, or confidential third-party data into AI features.
• We use third-party AI service providers to power certain features. We do not send directly-identifying personal data (PII) to such providers and, by contract, such providers are prohibited from using your inputs or outputs to train their generally-available models. See Privacy Policy, Section 7.
• Content generated by AI features that appears to originate from a real person is illustrative only; any resemblance is coincidental unless expressly stated.
• You are responsible for how you use AI-generated content, including compliance with your Institution’s academic integrity policies.
• Video/webcam analytics and proctoring are opt-in features and, where enabled, are used only for the disclosed purpose and only for the duration of the authorised session.

10.1 Ownership

You retain all intellectual property rights you may have in User Content that you create and submit through the Services.

10.2 Licence to TutorCloud

You grant TutorCloud a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to host, store, reproduce, modify (for formatting/security purposes), publish (only where you have chosen to publish), and use User Content solely to the extent necessary to provide the Services, to improve the Services (subject to de-identification and aggregation), and to comply with law. This licence terminates when you delete the User Content or your Account, save for aggregated or de-identified data derived from your User Content.

10.3 User warranties

You represent and warrant that (a) you own or have all necessary rights in the User Content; (b) the User Content does not infringe any third-party right; and (c) the User Content complies with these Terms.

10.4 Content moderation

We may, but are not obliged to, review, moderate, or remove User Content that we reasonably believe violates these Terms, our community standards, or applicable law, in accordance with the Intermediary Rules.

All rights, title and interest in and to the Services (including the platform, curriculum content, AI models, software, trademarks, logos, look and feel, and documentation) are owned by TutorCloud or its licensors and are protected by Indian and international intellectual property laws.

We grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Services for your personal, non-commercial, educational use in accordance with these Terms. No other rights are granted.

“TutorCloud”, the TutorCloud.AI logo, and related marks are trademarks of the Company. You may not use them without prior written consent.

The Services may integrate with third-party services, including Single Sign-On (SSO) providers, Learning Management Systems (LMS), Student Information Systems (SIS), one-roster and OAuth-based rostering services, Learning Tools Interoperability (LTI) providers, payment processors, communication tools, and analytics or marketing platforms.

• Your use of third-party services is subject to the terms and privacy policies of those third parties.
• We are not responsible for the content, availability, or practices of third-party services.
• You authorise the exchange of data with third-party services to the extent necessary to enable the integration you have activated.
• Your Institution may, on your behalf, enable or configure third-party integrations under its licence.

• All fees are in Indian Rupees (INR) unless otherwise displayed and are inclusive of applicable Goods and Services Tax (GST) unless stated otherwise.
• Invoices and GST-compliant tax documents are made available in your Account.
• Refund requests must be submitted within the period stated in the Refund Policy at checkout.
• Chargebacks or unauthorised reversals may result in immediate suspension of your Account pending investigation.

14.1 By you

You may terminate your Account at any time by using the in-app account-closure option or by writing to [email protected]. Termination is effective on account closure, subject to any wind-down activities (e.g., outstanding payments, retention periods under law).

14.2 By TutorCloud

We may suspend or terminate your Account, with or without notice, if:

• You breach these Terms;
• We are required to do so by law, court order, or regulator direction;
• Your Account has been inactive for a continuous period of 24 months (subject to prior notice);
• We reasonably believe your Account is being used to harm others, breach security, or engage in fraudulent activity;
• In relation to an Institutional User, at the request of the Institution or on expiry/termination of the Institution’s licence.

14.3 Effect of termination

On termination, your right to access the Services ceases. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, indemnity, dispute resolution, and confidentiality) will survive.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TUTORCLOUD DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND UNINTERRUPTED OPERATION.

We do not warrant that the Services will meet your requirements, be error-free, or produce specific educational or examination outcomes. AI-generated content is not guaranteed to be accurate.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TUTORCLOUD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR EDUCATIONAL OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

TUTORCLOUD’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO TUTORCLOUD IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) INR 5,000.

Nothing in these Terms excludes or limits liability which cannot be excluded under applicable Indian law, including for fraud, gross negligence, wilful misconduct, or death or personal injury caused by negligence.

You agree to defend, indemnify, and hold harmless TutorCloud, its affiliates, directors, officers, employees, contractors, and licensors from and against all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from (a) your use or misuse of the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including intellectual property or privacy rights; (d) your User Content; or (e) any breach of your representations and warranties. Where you are a Parent contracting on behalf of a Child, this indemnity applies to the Parent’s conduct and the Child’s conduct.