Terms of Use

Terms of Use
Privacy Policy
Tutor Payment Policy
Independent Tutor Agreement
24-hour Cancellation

Terms of Use

The following terms and conditions (the “Terms and Conditions” or “Agreement”) govern your use of ZoSmart’s (“ZoSmart” “Company” or “we” or “us”) website located at www.zosmart.io (the “Site”), the ZoSmart App (the “APP”), and of the services provided by ZoSmart (“Services”).
1. BY USING THE SITE, THE APP, AND THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
BY USING OR OTHERWISE ACCESSING THE SITE, THE APP, OR THE SERVICES, POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SITE OR THE SERVICES OR MANIFESTING YOUR ASSENT TO THESE TERMS AND CONDITIONS IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF USE. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS
AND CONDITIONS, YOU MAY NOT USE OR OTHERWISE ACCESS THE SITE OR THE SERVICES OR POST OR DOWNLOAD CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SITE OR THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE APP, OR THE SERVICE OR ANY CONTENT IS TO STOP USING THE SITE, THE APP, AND THE SERVICES.

  1. These Terms and Conditions May Change
    ZoSmart reserves the right, at its discretion, to change, modify, add or remove portions of these Terms and Conditions at any time by posting such changes. Please check the Terms of Use page periodically for changes. The continued use of the Site and the Service following the posting of changes to these Terms and Conditions indicates that you accept those changes. If you have any questions, or would like further clarification, please e-mail us at support@zosmart.io
  2. Additional Terms and Conditions May Apply
    The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed by ZoSmart, including on any particular page of this Site, the App, or through the Services, or through a registration process or other means. In the event of a conflict between these Terms and Conditions and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control. In particular we draw your attention to the ZoSmart’s Privacy Policy, Payment Policy, Independent Tutor Agreement, and 24-hour Cancellation Policy.
  3. Termination of Services for Non-compliance
    If you do not comply with the Terms and Conditions at any time, we reserve the right to terminate, limit, or otherwise alter your access to the Site, the App, and/or the Services.
  4. We May Discontinue or Alter Any Aspect of the Site, the App, or the Services.
    We may discontinue or alter any aspect of the Site, the App, or the Services, including, but not limited to, (i) restricting the time the Site or the Services are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating your right to use the Site, the App, or the Services, at our sole discretion and without prior notice or liability.

2. AUTHORIZED USERS / REGISTRATION

  1. Definitions
    The terms “you,” “your” or “User(s)” refers to any individual accessing the Site, the App, or the Services for his/her own personal purposes, or on behalf of an entity or other person. In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you,” “your” or “User(s)” shall include you individually and any such entity or person that you purport to represent, and you further represent and warrant that you are in fact an authorized representative of such entity or other person, that you have the authority to bind such entity or other person to these Terms and Conditions, and that your acceptance of these Terms of Use shall constitute acceptance on behalf of such entity or person.For the purposes of these Terms and Conditions, “you” also means a parent or guardian who pays for access to the Site / Services as well as the student who accesses the Site or uses the Services. If you are a parent, guardian, or other person who enables a child to access this Site and the Service, you agree to stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age.
  2. Authorization to Use this Site and/or the App
    You hereby confirm to ZoSmart that: (a) you have reached the age of 18, (ii) are an emancipated minor under the laws of your jurisdiction of domicile or residence, (iii) have the consent of your parent or legal guardian, or (iv) otherwise have the power and authority to enter into and perform your obligations under these Terms and Conditions.Users under the ages of 18 must (i) review these Terms and Conditions with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms and Conditions, and (ii) not access the Site and uninstall any application if his or her parent or legal guardian doesn’t agree to these Terms and Conditions.If someone else is paying for (or authorizing) your tutoring account, you agree to print this document and hand it to them.
  3. Accounts
    For certain aspects of the Site, the App, or the Services, you may be asked to register an account. In the event you agree to register an account, you will select or receive a username (which may be your email address) and password upon providing registration information and successfully completing the registration process.You are solely responsible for maintaining the confidentiality of your account, username and password and for all activities and liabilities associated with or occurring under your account, username and password. You must notify us immediately of any unauthorized use of your account, username or password and any other breach of security, and ensure that you exit from your account(s) at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of use of your account, username or password, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account, username or password.You may not transfer your account, username or password to another person, and you may not use anyone else’s account, username or password at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such user; (ii) controlling the user’s access to and use of the Services; and (iii) the consequences of any misuse.In consideration of your use of the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form and to maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse any and all current or future use of the Services, or any portion thereof. You agree not to use the Site, the App, the Services or the Content (as defined below) to recruit, solicit, or contact in any form Tutors for employment or contracting for a business not affiliated with us without our advance written permission.

3. SERVICES
We provide Services that allow Users to connect with tutors and instructors (“Tutors”) who provide tutoring and learning services. We generally do not control, and we make no representations or warranties regarding the reliability of, any verification service or any information provided by such verification service we use to confirm the validity of our Tutors’ claimed educational credentials and lack of criminal history.
You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the APP or any part thereof.

  1. Recording
    You agree that we may record all or any part of any of our on line tutoring and classroom sessions (including voice chat communications). We reserve the right to use the recorded sessions for any purpose allowed by our Privacy Policy. You agree that we own all transcripts and recordings of tutoring sessions and all comments that you may provide to us on or through the APP or services.
  2. Code of Conduct
    You agree that you will treat the Tutors with respect and not use obscenities in your communications with the Tutors or in the course of any sessions, make threats or discuss personal matters or matters other than those related to the subject for which you seek help. In addition, the Tutors agree to abide the Tutoring Code of Ethics contained in the ZoSmart Tutor Handbook.
  3. Fees and Billing
    ZoSmart charges a fee for the access to and the use of the Services, the Site, and/or the App. You are responsible to ZoSmart (or its partners) for any fees applicable to such Services you purchase or that are purchased through any account created through the Site or the App for using or accessing the Site, the App, or the Services. You authorize ZoSmart (or its partners), or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees as provided through the registration process.Unless otherwise specified, all fees are in United States dollars, and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.Except as required by law and set forth herein, all fees are nonrefundable, including, without limitation, in situations covered by the ZoSmart’s 24-hour Cancellation Policy. In certain limited situations, a Student may request a refund with respect to a session which was not completed to the Student’s reasonable satisfaction. ZoSmart will investigate any such situations and resolve them in the sole and absolute discretion of ZoSmart.You understand and agree that if you authorize a payment transaction with your credit card, debit card, or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.
  4. Availability of Services
    The Services may be unavailable on New Year’s Day, Independence Day, Thanksgiving Day, Christmas Day, and other major holidays. The Services, the Site and/or the App may be periodically unavailable as we perform regular maintenance and upgrades.

4. RESTRICTIONS ON USE OF SITE AND APP
All content and materials contained in this Site or made available through the Service (“Content”), are protected by United States and international trademark and copyright laws, are owned or controlled by ZoSmart (or its partners), and must only be used for certain approved purposes as established by ZoSmart. You may only view or download Content from this Site for your own use or as otherwise expressly authorized by ZoSmart.

  1. Limited License
    ZoSmart hereby grants you a limited, non-exclusive, non-assignable, non transferable license to access and use the Site solely for your own personal, non-commercial purposes, subject to your agreement to, compliance with and satisfaction of these Terms of Use. All rights not otherwise expressly granted by these Terms of Use are reserved by ZoSmart. If you do not comply with the Terms of Use at any time, ZoSmart reserves the right to revoke the aforementioned license(s), limit your access to the Site, or restrict your ability to post or download Content, which may include the ordering of products and services.
  2. App License
    Subject at all times to this Agreement, if you elect to download the App, the following also applies: ZoSmart grants you a license to download, install and use a copy of the App on a single mobile device or computer that you own or control solely for your personal and professional use on the basis that the license is:

    1. revocable – we have the right to remove your ability to use the App in accordance with these Terms and Conditions;
    2. non-exclusive – other people can access and use the App;
    3. non-transferable – you can’t pass this right to someone else or sublicense the license; and
    4. limited – the license does not extend beyond what has just been described above.
  3. No Reproduction / Distribution
    The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of material available on or through this Site, the App, or the Services is STRICTLY PROHIBITED without the prior written consent of ZoSmart or unless expressly permitted by this Site, the App, or the Services. This includes, without limitation, any application, text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site by ZoSmart. The copying, posting, linking, or other use of Content from this Site, the App, or the Services on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site, the App, or the Service can be made by contacting ZoSmart in writing at the address listed below.
  4. Derivative Materials
    You are also strictly prohibited from creating works or materials that derive from or are based on the Content. This prohibition applies regardless of whether such derivative materials are sold, bartered or given away. You shall not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the Content, trademarks, service marks, logos or icons displayed on the Site, the App, or Service, which are the property of ZoSmart, or its affiliates or licensors, if any, unless otherwise specifically noted in these Terms of Use.
  5. Trademarks
    The trademarks, logos, service marks and trade names (collectively the “Trademarks”) of ZoSmart or any third party displayed on the Site or the App, or on content available through the Site or the App, may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site, the App, or on or through the Site’s services, if any, are the property of their respective owners. Nothing contained on the Site or the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or the App without our written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site or the App is strictly prohibited.
  6. Third Party Rights
    Trademarks, service marks, logos and icons owned by third parties are the property of those respective third parties. ZoSmart and affiliates do not warrant or represent that your use of the Content will not infringe the rights of third parties.

5. USER INFORMATION
In the course of your use of the Site or the App, You may be asked to provide certain personalized information to us, interact with Tutors, respond to surveys or otherwise provide information as a result of services and products made available on the Site (collectively, “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in our Privacy Policy. You agree that you are solely responsible for the accuracy and content of your User Information, and you agree to keep it up to date. ZoSmart may disclose User Information to affiliates, independent contractors, and partners, who may use the User Information for certain business purposes deemed to be aligned with our goals and business objectives. In addition, ZoSmart may transfer User Information in connection with a sale or restructuring of ZoSmart.

For Users who are minors, or in the event that You permit a minor to use your account, we reserve the right to provide access to such User accounts and all information contained therein to such minor’s parents, guardians or other authorized adults, including, but not limited to, authorized school representatives.

If you reside outside the United States, your registration on the Site or the App constitutes your explicit consent that your User Information and/or other the personal information you have provided to ZoSmart may be transferred and stored in countries outside your home country—including in the United States.

6. MATERIALS SUBMITTED BY USERS
Any User Information and any other information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, testimonials or other content or materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, and/or our blogs, or send to us via email) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with our Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are your own independent creation, solely and exclusively created by you without assistance from or by any third party, that no other party has any rights thereto, and that Submitted Materials do not infringe, in whole or in part, on any patent, copyright, trademark, or other intellectual property or proprietary rights of any third party, and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to display, use, reproduce, incorporate, modify, create derivative works from and distribute such material (in whole or part).

You are solely responsible for such Submitted Materials you provide to ZoSmart or post on the Site or the App or the Services. ZoSmart accepts no responsibility whatsoever in connection with, or arising from, such Submitted Materials. You agree that ZoSmart accepts no liability whatsoever if it decides, in its discretion, to prevent your Submitted Materials from being submitted or if it edits, restricts or removes any Submitted Materials for any reason. ZoSmart may delete or destroy any such Submitted Material at any time. You also agree to permit any other User of this APP to access, view, store or reproduce Submitted Materials for that other user’s personal use and not to restrict or inhibit the use of the Site or the App by any other person. The APP is not a backup service for storing User Content, and ZoSmart has and shall have no liability regarding any loss of User Content. You are solely responsible for creating backups of any User Content you post using the Site, the App or the Service.

ZoSmart does not endorse and has no control over Submitted Materials. Submitted Materials are not necessarily reviewed by ZoSmart prior to posting and does not necessarily reflect the opinions or policies of ZoSmart. ZoSmart makes no warranties, express or implied, as to such Submitted Materials or their accuracy and reliability, and assumes no responsibility for actively monitoring the Site for inappropriate Submitted Materials. You should exercise discretion before relying on information contained on the Site or the App, including Submitted Materials.

7. LINKS

      1. Linked Sites
        You may be able to link from the Site to third party websites and third party web sites may link to the Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the content, products, services, advertising or other materials which may be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
      2. Linking to the Site
        You agree that if you include a link from any other website to the Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Site. You are not permitted to link directly to any image hosted on the Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on this Site on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other website to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you.

8. PROHIBITED USER CONDUCT
We may investigate and/or terminate your account if you misuse the Site or the App or behave in any way that we regard as inappropriate or unlawful. You agree that, while using the Site and the various services and features offered on or through the Site or the App, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services; or (c) gain or attempt to gain unauthorized access to other computer systems through the Site or the App. You agree to not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or the App or for any services or features offered on or through the Site or the App, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the App or the services offered on or through the Site, including, without limitation, any information residing on any server or database connected to the Site or any services offered on or through the Site or the App; (ii) use the Site or the App or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or the App or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; or (iii) use the Site or the App or the Site’s services in violation of any applicable law or the legal rights of any third party. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the App or the Site’s services, or any content thereof, or make unauthorized use thereof. You shall not (nor cause any third party to) use the Site or the App or the Services to perform any illegal or immoral activities (including without limitation defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights – such as rights of privacy of others) or any of the following types of activities, without limitation: (a) disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material; (b) transmitting information that violates any applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, or that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party; (c) conducting any activity that would constitute fraud; (d) transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) use the Site or the App or the Services to gain competitive intelligence about ZoSmart, the Site, or the App or any product or service offered via the Site or the App or to otherwise compete with ZoSmart or its affiliates.

9. APP STORE
When you download our App, you may do so through a third party’s App Store. You acknowledge that the terms of this Agreement are between you and us and not with the owner or operator of the App Store (“App Store Owner”). As between the App Store Owner and us, we, and not the App Store Owner, are solely responsible for the Services, including the App, the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store Owner in connection with the Services, including the App. The following applies to any App Store Sourced Application (as such term is defined in Section 4):

      1. Your use of the App Store Sourced Application must comply with the App Store’s “Terms of Service” or equivalent terms.
      2. You acknowledge that the App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
      3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store Owner, and the App Store Owner will refund the purchase price for the App Store Sourced Application to you (if any) and to the maximum extent permitted by applicable law, the App Store Owner will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between ZoSmart and the App Store Owner, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of ZoSmart.
      4. You and we acknowledge that, as between ZoSmart and the App Store Owner, the App Store Owner is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (1) product liability claims; (2) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
      5. You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between ZoSmart and the App Store Owner, ZoSmart, not the App Store Owner, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
      6. You and we acknowledge and agree that the App Store Owner, and the App Store Owner’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of this Agreement, the App Store Owner will have the right (and will be deemed to have accepted the right) to enforce the terms of this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
      7. You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
      8. Without limiting any other terms in this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

10. INDEMNIFICATION
You agree to defend, indemnify and hold Company, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from any content or other material you place on the APP, or your breach or violation of the law or of these Terms and Conditions. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such claim.

11. NO WARRANTIES
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE AND THE APP, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS AND MATERIALS CONTAINED OR AVAILABLE THEREON, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR THE APP OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR THE APP, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE OR THE APP. FURTHER, ZoSmart DOES NOT WARRANT (A) THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT, (B) THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE, THE APP, OR THE SERVICES OR CONTENT WILL BE ACCURATE OR RELIABLE, OR (C) THAT THE QUALITY OF THE SITE, THE APP, OR THE SERVICES OR CONTENT WILL MEET YOUR EXPECTATIONS.

From time to time, we may make third party opinions, advice, statements, offers, or other third party information or content available on the Site, the App, or from tutors under tutoring services (“Third Party Content”). All Third Party Content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE SITE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY TUTOR OR ANY PARTY THAT APPEARS ON THE SITE. UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE SITE OR THE APP.

12. LIMITATION ON LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL COMPANY, ANY OF ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (INCLUDING TUTORS) (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE, THE APP OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE OR THE APP, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.

?IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE OR THE APP. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO COMPANY FOR YOUR USE OF THE SITE, THE APP AND/OR SERVICES.

13. TERMINATION
In addition to any other method of termination or suspension provided for in these Terms and Conditions, ZoSmart reserves the right to terminate, change, suspend or discontinue any aspect of the Site, the App, or the Site’s services at any time. Further, you agree that ZoSmart shall not be liable to you or any third-party for any termination or suspension of your access to the Site or the App or any part thereof, removal of Content or sale of any products. Any such termination, suspension or cancellation shall not affect any right or relief to which ZoSmart may be entitled at law or in equity. Upon any such termination, suspension or cancellation, you shall terminate all use of the Site, the App, the Services and any Content and you will not be entitled to any refund of any fees or other charges, if any, paid in connection with such use.

14. ARBITRATION AND GOVERNING LAW
ALL PARTIES TO THESE TERMS AND CONDITIONS WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY. The exclusive means of resolving any dispute or claim arising out of or relating to these Terms and Conditions (including any alleged breach thereof) or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association (“AAA”), in accordance with the AAA Arbitration Rules then in effect, before a single neutral arbitrator. The place of arbitration shall be ORANGE COUNTY, CA.

The arbitration proceeding shall be kept confidential by the parties, their representatives and the arbitrator, subject to the right of any party to enforce the arbitral award. Each party shall bear its own costs and expenses and an equal share of the arbitrator’s and administrative fees of arbitration. The arbitrator may proceed to an award, notwithstanding the failure of either party to participate in the proceedings. The arbitrator shall, within thirty (30) calendar days after the conclusion of the arbitration hearing, issue a written award and statement of decision setting forth the findings of fact and conclusions of law on which the award is based, including the calculation of any damages awarded. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief the arbitrators deem just and equitable and within the scope of this Agreement, including, without limitation, an injunction or order for specific performance. Judgment on the award rendered by the arbitrator may be enforced in any court having competent jurisdiction thereof.

By using the Site, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Company or its affiliates. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Company may be commenced only in the federal or state courts located in Orange County, CA. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. These Terms and Conditions, and any dispute between you and Company, shall be governed by the laws of the State of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

15. COPYRIGHT NOTICES
If you believe that your work has been copied and posted on the Site or the App in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

      1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
      2. a description of the copyrighted work that you claim has been infringed;
      3. a description of where the material that you claim is infringing is located on the Website (and such description must be reasonably sufficient to enable Company to find the alleged infringing material);
      4. your address, telephone number and email address;
      5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
      6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice of claims of copyright infringement should be provided to Company’s Copyright Agent at support@zosmart.io.

16. COMMUNICATION AND MISCELLANEOUS
If you provide us your e-mail address, you agree and consent to receive e-mail messages from us. These emails may be transactional or relationship communications relating to the services we offer, such as administrative notices and service announcements or changes, or e-mails containing commercial offers, promotions or special offers from us. You also may sign up, and therefore agree, to receive SMS or text messages on your mobile phone.

Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

Effective date: April 2, 2017


PRIVACY POLICY
This Application collects some Personal Data from its Users.

Policy summary

Personal Data collected for the following purposes and using the following services:

Analytics
Google AdWords conversion tracking, Google Analytics, Twitter Ads conversion tracking and Statcounter
Personal Data: Cookies and Usage data

Facebook Analytics for Apps
Personal Data: Usage data and various types of Data as specified in the privacy policy of the service

Contacting the User Contact form
Personal Data: address, city, company name, country, date of birth, email address, fax number, first name, gender, last name, phone number, profession, province, state, Tax ID, Various types of Data, VAT Number and ZIP/Postal code

Displaying content from external platforms
Google Fonts
Personal Data: Usage data and various types of Data as specified in the privacy policy of the service

Google Maps widget, Instagram widget and YouTube video widget
Personal Data: Cookies and Usage data

Gravatar
Personal Data: email address and Usage data

Handling Activity Data
Activity data tracked by your device
Personal Data: general activity data

Handling Payments
PayPal and Stripe
Personal Data: various types of Data as specified in the privacy policy of the service

Hosting and Backend Infrastructure
Amazon Web Services
Personal Data: various types of Data as specified in the privacy policy of the service

Interaction with external social networks and platforms Google+ +1 button and social widgets, LinkedIn button and social widgets, Paypal button and widgets, Facebook button and social widgets, Instagram button and social widgets, Twitter Tweet button and social widgets
Personal Data: Cookies and Usage data

Managing contacts and sending messages
MailChimp and Elasticmail
Personal Data: name and email address

Registration and authentication
Stripe OAuth
Personal Data: various types of Data as specified in the privacy policy of the service

Twitter Tailored Audiences
Personal Data: Cookies and email address

Social features
Inviting and suggesting friend
Personal Data: Various types of Data

User database management
Personal Data: email address and various types of Data as specified in the privacy policy of the service
Contact information
Data owner
ZoSmart – 530 Technology Drive Suite 100, Irvine CA 92618  support@zosmart.io
FULL POLICY
Data Controller and Owner
ZoSmart – 530 Technology Drive Suite 100, Irvine CA 92618 support@zosmart.io

Types of Data collected
Among the types of Personal Data that this Application collects, by itself or through third parties, there are: general activity data, gender, Cookies, Usage data, first name, last name, date of birth, phone number, VAT Number, company name, profession, address, fax number, country, state, province, email address, ZIP/Postal code, Various types of Data, city and Tax ID.

Other Personal Data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the Data collection.

The Personal Data may be freely provided by the User, or collected automatically when using this Application.

Any use of Cookies – or of other tracking tools – by this Application or by the owners of third party services used by this Application, unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User.

Failure to provide certain Personal Data may make it impossible for this Application to provide its services.

Users are responsible for any Personal Data of third parties obtained, published or shared through this Application and confirm that they have the third party’s consent to provide the Data to the Owner.

Mode and place of processing the Data
Methods of processing
The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.

The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.

Place
The Data is processed at the Data Controller’s operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller.

Retention time
The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data.

The use of the collected Data
The Data concerning the User is collected to allow the Owner to provide its services, as well as for the following purposes: Handling activity data, Remarketing and Behavioral Targeting, SPAM protection, Analytics, Contacting the User, Heat mapping, Displaying content from external platforms, Hosting and backend infrastructure, Interaction with external social networks and platforms, User database management, Social features, Managing contacts and sending messages, Advertising, Handling payments and Registration and authentication.

The Personal Data used for each purpose is outlined in the specific sections of this document.

Detailed information on the processing of Personal Data
Personal Data is collected for the following purposes and using the following services:

Analytics
The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.

Google Analytics
Google Analytics is an analytics service.
Personal Data collected: Cookies and Usage data.
Place of processing: US

DISPLAY ADVERTISING EXTENSION FOR GOOGLE ANALYTICS (GOOGLE INC.)
Google Analytics on this Application might use Google’s Interest-based advertising, 3rd-party audience data and information from the DoubleClick Cookie to extend analytics with demographics, interests and ads interaction data.
Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy PolicyOpt Out

FACEBOOK ANALYTICS FOR APPS (FACEBOOK, INC.)
Facebook Analytics for Apps is an analytics service provided by Facebook, Inc.

Personal Data collected: Usage data and various types of Data as specified in the privacy policy of the service.
Place of processing: US – Privacy Policy

GOOGLE ADWORDS CONVERSION TRACKING (GOOGLE INC.)
Google AdWords conversion tracking is an analytics service provided by Google Inc. that connects data from the Google AdWords advertising network with actions performed on this Application.

Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy Policy

GOOGLE ANALYTICS (GOOGLE INC.)
Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services.

Google may use the Data collected to contextualize and personalize the ads of its own advertising network.

Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy PolicyOpt Out

TWITTER ADS CONVERSION TRACKING (TWITTER, INC.)
Twitter Ads conversion tracking is an analytics service provided by Twitter, Inc. that connects data from the Twitter advertising network with actions performed on this Application.

Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy Policy

Contacting the User

CONTACT FORM (THIS APPLICATION)
By filling in the contact form with their Data, the User authorizes this Application to use these details to reply to requests for information, quotes or any other kind of request as indicated by the form’s header.

Personal Data collected: address, city, company name, country, date of birth, email address, fax number, first name, gender, last name, phone number, profession, province, state, Tax ID, Various types of Data, VAT Number and ZIP/Postal code.

Displaying content from external platforms
This type of services allows you to view content hosted on external platforms directly from the pages of this Application and interact with them.
This type of service might still collect web traffic data for the pages where the service is installed, even when Users do not use it.

GOOGLE FONTS (GOOGLE INC.)
Google Fonts is a typeface visualization service provided by Google Inc. that allows this Application to incorporate content of this kind on its pages.

Personal Data collected: Usage data and various types of Data as specified in the privacy policy of the service.
Place of processing: US – Privacy Policy

GOOGLE MAPS WIDGET (GOOGLE INC.)
Google Maps is a maps visualization service provided by Google Inc. that allows this Application to incorporate content of this kind on its pages.

Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy Policy

YOUTUBE VIDEO WIDGET (GOOGLE INC.)
YouTube is a video content visualization service provided by Google Inc. that allows this Application to incorporate content of this kind on its pages.

Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy Policy

Handling activity data
This type of services allows the Owner to use the activity data collected by your device in order for this Application to operate or to provide specific features. This may include movements, heartbeat, change in altitude or data about the surroundings.

Depending on what is described below, third parties may be involved in the activity tracking.

Most devices allow for the User to control which Data is accessed or stored.

ACTIVITY DATA TRACKED BY YOUR DEVICE (THIS APPLICATION)

This Application uses some activity data tracked by your device to operate or to provide specific features.

Personal Data collected: location and general activity data.

Handling payments
Payment processing services enable this Application to process payments by credit card, bank transfer or other means. To ensure greater security, this Application shares only the information necessary to execute the transaction with the financial intermediaries handling the transaction.

Some of these services may also enable the sending of timed messages to the User, such as emails containing invoices or notifications concerning the payment.

PAYPAL (PAYPAL INC.)
PayPal is a payment service provided by PayPal Inc., which allows Users to make online payments using their PayPal credentials.

Personal Data collected: various types of Data as specified in the privacy policy of the service.
Privacy Policy

STRIPE (STRIPE INC)
Stripe is a payment service provided by Stripe Inc.

Personal Data collected: various types of Data as specified in the privacy policy of the service.
Place of processing: US – Privacy Policy

Hosting and backend infrastructure
This type of services has the purpose of hosting data and files that enable this Application to run and be distributed as well as to provide a ready-made infrastructure to run specific features or parts of this Application. Some of these services work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.

AMAZON WEB SERVICES (AMAZON INC.)
Amazon Cloud Storage is a hosting service provided by Amazon Inc.
Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: US – Privacy Policy

Interaction with external social networks and platforms
This type of services allows interaction with social networks or other external platforms directly from the pages of this Application.

The interaction and information obtained through this Application are always subject to the User’s privacy settings for each social network.

This type of service might still collect traffic data for the pages where the service is installed, even when Users do not use it.

GOOGLE+ +1 BUTTON AND SOCIAL WIDGETS (GOOGLE INC.)
The Google+ +1 button and social widgets are services allowing interaction with the Google+ social network provided by Google Inc.

Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy Policy

LINKEDIN BUTTON AND SOCIAL WIDGETS (LINKEDIN CORPORATION)

The LinkedIn button and social widgets are services allowing interaction with the LinkedIn social network provided by LinkedIn Corporation.

Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy Policy

TWITTER TWEET BUTTON AND SOCIAL WIDGETS (TWITTER, INC.)
The Twitter Tweet button and social widgets are services allowing interaction with the Twitter social network provided by Twitter, Inc.

Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy Policy

Managing contacts and sending messages
This type of services makes it possible to manage a database of email contacts, phone contacts or any other contact information to communicate with the User.
These services may also collect data concerning the date and time when the message was viewed by the User, as well as when the User interacted with it, such as by clicking on links included in the message.

MAILCHIMP (THE ROCKET SCIENCE GROUP, LLC.)

MailChimp is an email address management and message sending service provided by The Rocket Science Group, LLC.

Personal Data collected: email address.
Place of processing: US – Privacy Policy

ELASTIC EMAIL (ELASTIC EMAIL, INC.)
Mailgun is an email address management and message sending service provided by Elastic Email, Inc.

Personal Data collected: email address.
Place of processing: US – Privacy Policy

Registration and authentication
By registering or authenticating, Users allow this Application to identify them and give them access to dedicated services.
Depending on what is described below, third parties may provide registration and authentication services. In this case, this Application will be able to access some Data, stored by these third party services, for registration or identification purposes.

STRIPE OAUTH (STRIPE INC)
Stripe OAuth is a registration and authentication service provided by Stripe, Inc. and is connected to the Stripe network.

Personal Data collected: various types of Data as specified in the privacy policy of the service.
Place of processing: US – Privacy Policy

Remarketing and Behavioral Targeting
This type of services allows this Application and its partners to inform, optimize and serve advertising based on past use of this Application by the User.

This activity is performed by tracking Usage Data and by using Cookies, information that is transferred to the partners that manage the remarketing and behavioral targeting activity.

ADWORDS REMARKETING (GOOGLE INC.)
AdWords Remarketing is a Remarketing and Behavioral Targeting service provided by Google Inc. that connects the activity of this Application with the Adwords advertising network and the Doubleclick Cookie.

Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy PolicyOpt Out

FACEBOOK REMARKETING (FACEBOOK, INC.)
Facebook Remarketing is a Remarketing and Behavioral Targeting service provided by Facebook, Inc. that connects the activity of this Application with the Facebook advertising network.

Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy Policy

REMARKETING THROUGH GOOGLE ANALYTICS FOR DISPLAY ADVERTISING (GOOGLE INC.)
Google Analytics for Display Advertising is a Remarketing and Behavioral Targeting service provided by Google Inc. that connects the tracking activity performed by Google Analytics and its Cookies with the Adwords advertising network and the Doubleclick Cookie.

Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy PolicyOpt Out

TWITTER TAILORED AUDIENCES (TWITTER, INC.)
Twitter Tailored Audiences is a Remarketing and Behavioral Targeting service provided by Twitter, Inc. that connects the activity of this Application with the Twitter advertising network.

Personal Data collected: Cookies and email address.
Place of processing: US – Privacy PolicyOpt Out

TWITTER REMARKETING (TWITTER, INC.)
Twitter Remarketing is a Remarketing and Behavioral Targeting service provided by Twitter, Inc. that connects the activity of this Application with the Twitter advertising network.

Personal Data collected: Cookies and Usage data.
Place of processing: US – Privacy PolicyOpt Out

Social features

INVITING AND SUGGESTING FRIENDS (THIS APPLICATION)
This Application may use the Personal Data provided to allow Users to invite their friends – for example through the address book, if access has been provided – and to suggest friends or connections inside it.
Personal Data collected: Various types of Data.

User database management
This type of services allows the Owner to build user profiles by starting from an email address, a personal name, or other information that the User provides to this Application, as well as to track User activities through analytics features. This Personal Data may also be matched with publicly available information about the User (such as social networks’ profiles) and used to build private profiles that the Owner can display and use for improving this Application.

Some of these services may also enable the sending of timed messages to the User, such as emails based on specific actions performed on this Application.

Additional information about Data collection and processing Legal action
The User’s Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services.
The User declares to be aware that the Data Controller may be required to reveal personal data upon request of public authorities.

Additional information about User’s Personal Data
In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular services or the collection and processing of Personal Data upon request.

System Logs and Maintenance
For operation and maintenance purposes, this Application and any third party services may collect files that record interaction with this Application (System Logs) or use for this purpose other Personal Data (such as IP Address).

Information not contained in this policy
More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time. Please see the contact information at the beginning of this document.

The rights of Users
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.

This Application does not support “Do Not Track” requests.

To determine whether any of the third party services it uses honor the “Do Not Track” requests, please read their privacy policies.

Changes to this privacy policy
The Data Controller reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If a User objects to any of the changes to the Policy, the User must cease using this Application and can request that the Data Controller removes the Personal Data. Unless stated otherwise, the then-current privacy policy applies to all Personal Data the Data Controller has about Users.

Information about this privacy policy
The Data Controller is responsible for this privacy policy, prepared starting from the modules provided by Iubenda.

Definitions and legal references
PERSONAL DATA (OR DATA)
Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.

USAGE DATA
Information collected automatically from this Application (or third party services employed in this Application), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.

USER
The individual using this Application, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refers.

DATA SUBJECT
The legal or natural person to whom the Personal Data refers.

DATA PROCESSOR (OR DATA SUPERVISOR)
The natural person, legal person, public administration or any other body, association or organization authorized by the Data Controller to process the Personal Data in compliance with this privacy policy.

DATA CONTROLLER (OR OWNER)
The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.

THIS APPLICATION
The hardware or software tool by which the Personal Data of the User is collected.

COOKIES
Small piece of data stored in the User’s device.

This privacy policy relates solely to this Application.

Latest update: December 15, 2017


TUTOR PAYMENT POLICY
By registering as a tutor with ZoSmart (the “App”), you (“Tutor”) agree that the following terms and conditions will govern all payments made to you by students through the ZoSmart system.

Conditions for Payment for Student Sessions
ZoSmart is a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. ZoSmart also provides a service to its users whereby payments will be distributed to tutors that originate from their students. However, if any of the following conditions are not met and ZoSmart becomes unable to collect your payment from the parent, student, or other type of account-holder (collectively, “student”) to whom you gave a session, your payment may not be successfully collected, processed and distributed to you:

  1. The information pertaining to the session is accurate.
    This includes the start and end time, location, duration, subject and student name. Unless otherwise agreed to by the Tutor and student, the start and end time will be considered to be the times of the actual tutoring session, not arrival and departure times to and from the tutoring location.
  2. Prior to each session being given, the student has on file with the App a valid form of payment.
    This includes a valid credit/debit card or other form of payment acceptable to ZoSmart.
  3. The Tutor’s services are instructive and constitute learning, not cheating.
    More specifically, the tutor is not to complete assignments, write papers, take quizzes or otherwise do work on the student’s behalf. Further, the services that the Tutor offers must not violate the academic honesty policy or other conduct policies of the student’s school, university, academic institution or workplace.
  4. Prior to a session being given, the student has received a notification that the session has been accepted and confirmed by the tutor, and the tutor does not cancel the session more than 24 hours prior to the time of the lesson.

    If the student cancels the session less than 24 hours prior to the confirmed start of the session, Tutor may receive payment pursuant to ZoSmart’s 24-hour Cancellation Policy. This will be determined by ZoSmart, in its sole discretion, based on its investigation of any such instance of cancellation, any “in-dispute” amounts, any excuses for cancellation provided by the student, and any other factors deemed relevant by ZoSmart in its sole discretion. Naturally, if the Tutor cancels the session, there will also be no payment for any such cancelled lesson. (Moreover, please note ZoSmart’ 24-hour Cancellation Policy with respect to cancellations by Tutors – a cancellation by the Tutor, providing less than 24-hours’ notice to the student, will be investigated by ZoSmart and may result in disciplinary action, including suspension of the Tutor’s account.)
  5. The Tutor does not collect or request payment directly from the student by cash, check or otherwise (e.g., Paypal, Venmo, Square, etc.) for the session.
  6. The Tutor schedules all sessions with students solely and exclusively through the ZoSmart platform and does not communicate with any such students regarding scheduling through personal e-mail, text, IM, or telephone. See Independent Tutor Agreement, paragraph 6 (Non-circumvention): Tutors may not provide sessions to students outside of the ZoSmart platform.
  7. The Tutor is over 18 years old and is eligible to work in the United States.

Timing and Delivery of Payments
If all the Conditions for payment for student sessions (as set forth above) are met, Tutors can expect to receive their funds according to the following. The Tutors will be paid through Stripe in accordance with Stripe’s applicable rules, policies, and procedures (https://stripe.com) as well as the applicable processing fees charged by Stripe (and by relevant banks, if any). (NOTE: the Stripe processing is currently 2.9% + $0.30 per transaction). Accordingly, the Tutors must provide their accurate bank account and routing numbers and any and all other information required or requested by ZoSmart and/or Stripe in order to process payments to the Tutors. Generally, payments are expected to be processed within one week, but ZoSmart does not guarantee the timing of payments, as bank processing times vary.

Tax Filing Requirement
Please note that, ZoSmart is a marketplace platform connecting Tutors and Students. Each Tutor is solely responsible for filing and paying his or her taxes, and complying with any applicable tax laws (e.g., federal, state, local, self-employment, etc.) in the Tutor’s home jurisdiction.

Calculation of Tutor Payment Amounts

  • Tutors hourly rate
  • Commission
    ZoSmart charge a commission fee of 25% (the “Commission”) on every payment for a session arranged between a Student and a Tutor through the ZoSmart App.

Independent Tutor Agreement
This is a legal agreement (“Agreement”) between you, an independent tutor (“Tutor”), and ZoSmart (“ZoSmart”) with respect to the use of the ZoSmart app (“APP”) and the ZoSmart website (the “Site”) which are owned by Osmo Inc.. The parties expressly agree to transact and enter into this Agreement by electronic means within the meaning of the Uniform Electronic Transactions Act (“UETA”).

  1. Tutor status.
    Neither this Agreement, the Terms of Use of ZoSmart and the Site, nor use of the APP creates an independent contractor, employee/employer, partnership, joint venture, or franchiser-franchisee relationship between Tutor and ZoSmart. It is the parties’ intention that the Tutor will be an independent provider of tutoring services through the ZoSmart App and not ZoSmart’s employee for all purposes, including, without limitation, the application of the Fair Labor Standards Act minimum wage and overtime provisions, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, any state income tax law, or any local income tax law, any state workers’ compensation laws, and any state unemployment insurance law.
  2. Tutor Eligibility.
    You may be admitted into the ZoSmart’s tutor network in the sole and absolute discretion of ZoSmart upon meeting such criteria as may be determined by ZoSmart from time to time in its sole discretion. If, for any reason, you fail to maintain your good standing under such criteria, you shall no longer be eligible to provide tutoring as a Tutor under the ZoSmart App. If you are not a US permanent resident or US citizen, you must be eligible to work within the US to be eligible to participate as a Tutor. Nothing contained herein shall obligate ZoSmart to admit you into the ZoSmart’s tutor network or to enter into any other or further agreement with you. Neither this Agreement, nor your submission of your resume, academic records or credentials, or any other information or materials, as may be requested by ZoSmart, nor any discussions and correspondence between you and ZoSmart, shall constitute or imply a commitment or binding obligation on the part of ZoSmart or its affiliates, if any, to admit you into the ZoSmart tutor network or to enter into any other or further agreement with you.
  3. Background Check.
    Upon entering into this Agreement you shall provide ZoSmart with your social security number and any other information which may be required by our background check provider (the “BG Provider”) to run a criminal background check of you. You acknowledge that the BG Provider shall be solely responsible for legal compliance in connection with your background check, the storing of your personal data and all findings related thereto. In the event of any disputed findings, claims or complaints, you shall deal directly with the BG Provider to resolve any and all disputes, claims and complaints. You further acknowledge that ZoSmart shall have access to, and the ability to store, data included in your background check or any results thereof. By entering into this Agreement, you represent that you have no knowledge of any information that may result in a finding of criminal charges, convictions or criminal behavior by you. You also acknowledge that as an independent contractor, ZoSmart may decide to suspend its relationship with you at any time and from time to time for any reason, including the receipt of any negative background check findings from our BG Provider.
  4. Description of work.
    The Tutor will be responsible for providing tutoring instruction (“Sessions”). The Tutor will retain absolute discretion as to the manner and means of carrying out Tutor’s tutoring services.
  5. Non-exclusivity.
    Tutor and ZoSmart acknowledge that this Agreement is nonexclusive and the Tutor is free to engage in and simultaneously perform any employment or other services during the pendency of this Agreement. Nothing herein precludes Tutor from advertising or providing Tutor’s services to the general public.
  6. On-Circumvention / No Direct Compensation.
    Tutor acknowledges that all students who hire Tutor through the APP (“ZoSmart Student”) are exclusive clients of ZoSmart, and Tutor shall not provide any Sessions or any other tutoring or related services to such ZoSmart Students outside of ZoSmart during the term of this Agreement and for 12 months following any termination or expiration of this Agreement. Under no circumstances shall Tutor receive or seek or attempt to seek or receive compensation directly from ZoSmart Students.
  7. Hours.
    Tutor shall set Tutor’s own hours and schedule Tutor’s own Sessions. Tutor shall generally render services as needed to perform Tutor’s duties hereunder as set forth in the Description of Work. ZoSmart does not guarantee that the Tutor will get any particular number of Sessions. Tutors should not rely on ZoSmart as their sole source of Sessions or income.
  8. Commission.
    Tutor hourly Session rate are determined by Tutor. Tutor set the rate less a percentage paid to ZoSmart for its services.Tutor shall be paid through the ZoSmart payment processing system for any services rendered to ZoSmart Students. Under no circumstances is Tutor to attempt to seek or receive compensation directly from ZoSmart Students. Prior to commencing Sessions or meeting with ZoSmart Students for any purpose, Tutor should accept and confirm the Student’ session request within ZoSmart. ZoSmart is not responsible for payments for Sessions given without the Student submitting a request for the session.
  9. Payment System.
    Tutor agrees to abide by ZoSmart Payment Policies. Tutor also agrees not to subvert the payment system or to divert funds ordinarily payable to Tutor through ZoSmart.
  10. Expenses
    Tutor is solely responsible for all costs and expenses related to the services provided hereunder including, but not limited to, expenses associated with preparing for and administering Sessions, educational materials and transportation. ZoSmart will not be liable to Tutor for any expenses incurred in the rendition of services.
  11. Supplies.
    Tutor will provide Tutor’s own supplies and equipment required to complete the tasks for which he was retained.
  12. Taxes.
    Tutor is responsible for all federal, state, and/or local tax purposes. Neither federal, nor state, nor local income tax, nor payroll tax of any kind shall be withheld by ZoSmart on behalf of Tutor. Tutor understands that it is Tutor’s responsibility to pay any applicable taxes.
  13. Benefits.
    Tutor acknowledges that Tutor is engaged in an independent business and is not eligible to participate in any pension, health, or other fringe benefits plan of ZoSmart.
  14. Insurance.
    No Workers’ Compensation Insurance shall be obtained by ZoSmart for Tutor. Tutor understands that it is Tutor’s responsibility to comply with the Workers’ Compensation Law.
  15. Confidentiality.
    Tutor acknowledges that, during the performance of services, Tutor may have access to private, proprietary information regarding ZoSmart and ZoSmart Students, including without limitation, information relating to ZoSmart Student’s identity, address, contact information, and other personal information or requests for services as well as information containing or reflecting ZoSmart’s trade secrets, business operations, marketing strategies, legal documents, policies, procedures, clients, employees, contractors and other proprietary information (collectively, “Confidential Information”). Tutor agrees that Tutor owes a duty to ZoSmart, ZoSmart Students, and such other third parties, during the term of this Agreement and thereafter, to hold all such Confidential Information in the strictest confidence and not to disclose it to any person, firm or corporation or to use it except as necessary in carrying out tutoring services consistent with this Agreement.
  16. Tutor documents.
    Tutor acknowledges that a copy of all documents created or received by Tutor in connection with the administration of services performed hereunder (“Tutor Documents”) may be retained by ZoSmart and used for its administrative or other business purposes.
  17. Indemnity and hold harmless clause.
    Tutor agrees to indemnify and hold harmless ZoSmart, its subsidiaries, affiliates, and their directors, officers, employees and agents, from and against any and all losses, expenses, costs, liabilities and damages (including any legal fee and expenses), any and all injuries, whether direct, consequential or incidental in nature, which result from, are connected with or arise out of the performance by Tutor of work performed in relation to this Agreement, including any act by Tutor inconsistent with Tutor’s status as an independent tutor.Tutor understands that ZoSmart (through the ZoSmart App) offers a marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. Accordingly, ZoSmart makes no representations to Tutor about the suitability, character or background of any ZoSmart user or ZoSmart Student, nor does ZoSmart perform any type of background check of such users. It is Tutor’s sole duty to exercise Tutor’s own judgment, protocols and/or standards when considering whether to engage in tutoring services with each student or client. Tutor understands and agrees that it is Tutor’s responsibility to conduct any and all background and reference checks regarding other ZoSmart users. Tutor is never obligated by ZoSmart to pursue any tutoring opportunity.
  18. Site content.
    Tutor acknowledges that all Site and/or the ZoSmart App content submitted by Tutor will be the property of ZoSmart and may be distributed or used by ZoSmart at its sole discretion. Such content includes, but is not limited to, articles, lessons, worksheets, quizzes, tutorials, files, testimonials, reviews, video submissions, and blog entries (“Site Content”).
  19. Image, Likeness and Identity of Tutor.
    Tutor specifically grants ZoSmart the right and license to use the Tutor’s name, image, likeness, and biographical / background information for advertising, marketing, and public relations purposes, including without limitation, posting any photos and videos submitted by the Tutor on the ZoSmart App and/or the ZoSmart website(s) and on ZoSmart’s YouTube channel. Tutors agree to permit selected biographical information to be posted publicly on the ZoSmart App and/or ZoSmart website(s), which information may include their first name, nickname, education, experience, and courses / subjects tutored.
  20. Tutoring Code of Ethics.
    In accordance with the standards set by the Association for the Tutoring Profession, Tutors shall uphold the following standards when working with ZoSmart Students:
  1. Best Interest:
    Tutors will be committed to acting in the best interest of ZoSmart Students.
  2. Responsibility:
    Tutors will take responsibility for their own behavior and work to resolve conflicts that may arise between themselves and ZoSmart Students.
  3. Academic Integrity:
    Tutors will practice and promote accuracy, honesty, and truthfulness.
  4. Fairness:
    Tutors will exercise reasonable judgment and take precautions to ensure that their potential biases, the boundaries of their competence, and the limitations of their expertise do not lead to or condone unjust practices. Expectations should be established of mutually appropriate language and the pedagogical strategy in which tutoring will be delivered or supported.
  5. Commitment:
    Tutors will fulfill commitments to ZoSmart Students, including being on-time and being prepared with appropriate materials to facilitate a session.
  6. Standards:
    Tutors will refrain from guaranteeing grades or academic outcomes from a tutoring session.
  7. Respect for Others:
    Tutors will respect the dignity and worth of all people, and the rights of individuals to privacy, confidentiality and self-determination. Tutors will respect cultural, individual, and role differences, including those based on age, sex, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, language and socioeconomic status.
  8. Relationship:
    Tutors will not engage in inappropriate relations with ZoSmart Students. Tutors will also be aware of power structures and will avoid compromising environments that encourage the use of unbalanced power dynamics.
  9. Term.
    This Agreement and the respective duties of the parties hereunder shall continue until terminated by either party in accordance with this Agreement.
  10. Termination of relationship.
    Either party may terminate this Agreement for any reason at any time. Upon any such termination, the Tutor agrees to return any and all copies of Confidential Information and any other proprietary materials received from, created for, or belonging to ZoSmart / ZoSmart App, including, but not limited to, those which relate to or contain proprietary information and/or company records of ZoSmart that are in the Tutor’s possession or under Tutor’s control.
  11. Assignment.
    Tutor may not assign or transfer this Agreement without the prior written consent of ZoSmart.
  12. Amendment.
    This Agreement may only be amended or modified by a writing which makes express reference to this Agreement as the subject of such amendment and which is signed by Tutor and, on behalf of ZoSmart, by its duly authorized officer. The parties agree that any amendment or modification hereunder may be transacted by electronic means within the meaning of the UETA provided that that any such amendments or modifications otherwise comply with the requirements in this paragraph.
  13. Severability.
    If any term, provision, covenant or condition of this Agreement or part thereof, or the application thereof to any person, place or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such term, provision, covenant, or condition shall remain in full force and effect, and any such invalid, unenforceable or void term, provision, covenant or condition shall be deemed, without further action on the part of the parties hereto, modified, amended and limited to the extent necessary to render the same and the remainder of this Agreement valid, enforceable and lawful.
  14. Incorporation of terms of use.
    ZoSmart Terms of Use are hereby incorporated into this Agreement.
  15. Governing law.
    This Agreement shall be governed by and construed in accordance with the substantive laws, without regard to choice of law rules, of the State of New York.
  16. Arbitration.
    ALL PARTIES TO THIS AGREEMENT WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) shall be BINDING ARBITRATION administered by the American Arbitration Association (“AAA”), in accordance with the AAA Arbitration Rules then in effect, before a single neutral arbitrator. The place of arbitration shall be New York, NY. The arbitration proceeding shall be kept confidential by the parties, their representatives and the arbitrator, subject to the right of any party to enforce the arbitral award. Each party shall bear its own costs and expenses and an equal share of the arbitrator’s and administrative fees of arbitration. The arbitrator may proceed to an award, notwithstanding the failure of either party to participate in the proceedings. The arbitrator shall, within thirty (30) calendar days after the conclusion of the arbitration hearing, issue a written award and statement of decision setting forth the findings of fact and conclusions of law on which the award is based, including the calculation of any damages awarded. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief the arbitrators deem just and equitable and within the scope of this Agreement, including, without limitation, an injunction or order for specific performance. Judgment on the award rendered by the arbitrator may be enforced in any court having competent jurisdiction thereof.In agreeing to the above arbitration provision, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and ZoSmart or its affiliates. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Company may be commenced only in the federal or state courts located in New York, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
  17. Entire agreement.
    This Agreement contains the entire agreement and understanding between the parties hereto in respect to the subject matter hereof and supersedes, cancels and annuls any prior or contemporaneous written or oral agreements, understandings, commitments, and practices between them respecting the subject matter hereof, including all prior agreements, if any, between ZoSmart and Tutor, which agreement(s) hereby are terminated and shall be of no further force or effect.
  18. Electronic Signatures.
    Tutor acknowledges and agrees that by clicking on the Submit button, or taking such other action as may be designated by ZoSmart as a means of accepting this Agreement, Tutor is submitting a legally binding electronic signature and is entering into a legally binding contract. Tutor acknowledges that Tutor’s electronic submission constitutes Tutor’s agreement and intent to be bound by this Agreement. PURSUANT TO ANY AND ALL APPLICABLE STATUTES, REGULATIONS, RULES, ORDINANCES OR OTHER LAWS INCLUDING, WITHOUT LIMITATION, THE UNITED STATES ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, P.L. 106-229 (THE “E-SIGN ACT”) AND/OR OTHER SIMILAR STATUTES, TUTOR HEREBY AGREES TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SOFTWARE OR SERVICES OFFERED BY ZoSmart. Further, Tutor hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

24 Hour Cancellation
If you cancel a lesson with less than 24 hours notice, you will be charged $10. We understand that sometimes last minute cancellations are unavoidable. Contact us if something comes up.