Terms of Service

These Terms of Service govern the use of Protutorly (the "Platform"), an online platform that serves as a marketplace connecting students with tutors. It provides a space where tutors can offer their services, including one-on-one classes, group classes, and online courses. The platform facilitates the provision of educational services by allowing tutors to manage their own schedules and offer their expertise in various subjects.

By accessing or using Protutorly’s website or services, you ("User") agree to comply with and be bound by the terms set forth hereunder. If you do not agree to these terms, you must not use the Platform.

1. Platform Use

Protutorly provides a platform for connecting Students and Tutors. The Platform only facilitates the connection between the two parties, and Protutorly is not a party to the contract or services rendered between them. Tutors are independent contractors and are solely responsible for their own actions, including the provision of services. The Platform does not intervene in the content of the tutoring sessions or any direct communications between Tutors and Students.

2. Account Creation

To use the services of Protutorly, Users must register by creating an account. There are two types of accounts available on the Platform: Tutor and Student.

2.1. Student Account

A Student must provide a valid email address and a profile photo in order to use the services. By signing up, Students agree to provide accurate and truthful information about themselves as well as to comply with the Terms of Service.

2.2. Tutor Account

A Tutor must provide a profile photo and an introduction video, if applicable. Additionally, Tutors must submit their qualifications, areas of expertise, experience, and other relevant details that will assist in connecting them with Students. Tutors are solely responsible for ensuring that the information they provide is accurate and up to date. Protutorly reserves the right to request proof of educational qualifications from Tutors at its discretion.

2.3. Prohibited Actions

Users must not share their account credentials or engage in any fraudulent activity. You are solely responsible for the activity that occurs under your account, and any attempt to share, transfer, or sell your account is prohibited. Protutorly reserves the right to terminate any account that violates these conditions at its discretion.

3. Independent Contractors


3.1. Status of Tutors

Tutors are independent contractors and are not employees, agents, or representatives of Protutorly. Tutors are responsible for their own taxes, insurance, and any legal obligations related to their tutoring services. Protutorly is merely a facilitator for Students and Tutors to connect.

3.2. Tutor Obligations

Tutors must:

1.Ensure that they have all necessary tools and materials to conduct lessons.
2.Provide services in a professional manner.
3.Maintain necessary technology and Internet access to deliver uninterrupted services.Comply with all applicable laws and regulations governing their profession, including obtaining any required certifications.
4.Be punctual and fulfil all agreed-upon commitments with students.

3.3. Non-Exclusivity

Tutors may provide services through other platforms and to other clients out of Protutorly. However, Tutors are prohibited from engaging in any arrangement that circumvents Protutorly’s platform for payment or direct Student engagement. Tutors shall not disclose their contact information to students nor solicit such information from them, including email, phone number, and social media details. All file sharing must be conducted through the Protutorly platform or publicly available file-sharing systems.

3.4. No Authority

Tutors do not have the authority to bind Protutorly in any contractual relationship and are not authorized to make commitments on behalf of the Platform.

4. Payment and Refunds

4.1. Payment Processing

Payments for tutoring services are processed through third-party payment processors such as PayPal, Stripe, and Wise. Protutorly does not store or handle credit/debit card details directly.

4.2. Tutor Compensation

Tutors are compensated according to the hourly rates they set on their profiles. For specific projects, the price may be agreed upon in advance between the Tutor and Protutorly, especially when Protutorly provides students to the Tutor, either directly or through a third party.

Payments will be made on a monthly basis and/or upon withdrawal request, typically within 7 working days from the payout request. There is a minimum payout threshold of EUR 50. If the minimum amount is not reached, the balance will carry over to the next payment period.

4.3. Refund Policy

1.Students may request a refund if the lesson was interrupted due to issues originating from Protutorly or the Tutor. Protutorly retains the discretion to evaluate the situation as it deems appropriate.
2.A refund request must be submitted within 24 hours of the affected session.
3.Refunds will not be granted for issues that arise from the Student’s side, such as poor internet connection or technology failure.

5. Data Privacy

Protutorly is committed to protecting the privacy of Users. All personal data provided to the Platform is subject to our Privacy Policy, which outlines the collection, use, and sharing of personal data. Tutors are responsible for complying with relevant data protection laws such as the GDPR (General Data Protection Regulation) and the CCPA (California Consumer Privacy Act) when handling personal data of Students. Privacy Policy is accessible in its updated version at https://www.protutorly.com.

6. Tutor-Specific Terms

By using the Platform, Tutors represent and warrant the following:

1.They are qualified to provide the tutoring services they offer and will comply with all relevant laws and regulations.
2.They will maintain high standards of professional conduct and provide services in a timely and professional manner.
3.They grant Protutorly a royalty-free license to use their name, likeness, and biographical information for promotional purposes related to the Platform.

7.Student-Specific Terms

 By using the Platform, Students represent and warrant the following:

1.They will pay for services rendered through Protutorly, in accordance with the Tutor’s rates.
2.They will not attempt to circumvent Protutorly’s platform by engaging Tutors for services outside of the Platform.
3.They will not share personal contact information with Tutors unless it is inevitable for the compliance the Terms of Service.
4.They will act in good faith and in compliance with the Terms of Service.
5.Protutorly does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Protutorly only with permission of a parent or guardian.

8. Complaints and Disputes

In case of a complaint regarding the services provided, Users should contact Protutorly’s customer support team at admin@protutorly.com. Protutorly will investigate the complaint and may take appropriate action, including suspension of accounts or removal of Tutors who violate the Platform’s policies.

 Users agree to make reasonable efforts to resolve any disputes or issues arising from their use of the Protutorly Platform in an amicable and constructive manner, prior to seeking formal resolution or legal action. Protutorly encourages open communication and mutual cooperation to address concerns and find satisfactory solutions.

9. Limitation of Liability

Protutorly is not liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use or inability to use the Platform. The total liability of Protutorly, if any, shall be limited to the amount paid by the User to Protutorly in the last three months prior to the occurrence of the event giving rise to the claim.

Users voluntarily and without any coercion waive their right to initiate or participate in a class action or any other representative proceeding against Protutorly.

10. Lesson Recording

Protutorly may, from time to time, record lessons for quality control and to ensure compliance with Platform policies. These recordings are for internal use only and will not be shared publicly unless required by law. Recordings will be retained for a period of seven (7) days, after which they will be deleted unless agreed upon otherwise by the parties involved.

11. Intellectual Property

Users retain ownership of the content they upload to Protutorly, including their profiles, teaching materials, and other content. By uploading content, you grant Protutorly a non-exclusive, royalty-free license to use, display, and distribute your content for the purpose of operating and promoting the Platform.

12. Account Termination

Protutorly reserves the right to terminate or suspend any User account if the User violates the Terms of Service. Inactive accounts will be suspended after 180 days, and any remaining funds in those accounts will be forfeited.

In case Protutorly suspends or terminates your account due to the breach of these Terms or any of Protutorly policies, you understand and agree that you shall receive no refund or compensation for any unused funds or scheduled lessons/classes, or loss of any content or information associated with your account. In addition to the aforementioned, Protutorly is entitled to withhold any funds remaining on your account as liquidated damages.

13. Liquidated damages

Protutorly and a User acknowledge and agree that any funds withheld under these Terms of Service are considered liquidated damages, not penalties, and are in addition to any other rights Protutorly may have in the event of a breach. Both parties further acknowledge that

1.the exact loss or damages are difficult to estimate,
2.the amounts specified are reasonable and proportionate to the potential loss resulting from a material breach by the User, and
3.the agreement on such amounts was influenced by the uncertainty and cost of litigation related to actual damages.

14. Communication

All official communications from Protutorly will be made via email to the address provided by Users during registration. It is the responsibility of Users to ensure that their contact details are accurate and up to date. 

15. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Slovak Republic, without regard to its conflict of law provisions.

16. Amendments

Protutorly reserves the right, in its sole discretion, to amend the Terms under which https://www.protutorly.com is offered. The most current version of the Terms of Service will supersede all previous versions. Protutorly encourages you to periodically review the Terms to stay informed of our updates.

17. Entire Agreement

This Agreement, together with the Protutorly Privacy Policy and any other applicable documents, constitutes the entire understanding between Protutorly and Users regarding the use of the Platform. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.