TutorSplash Terms of Use

Effective Date: July 10, 2025

Last Updated: Jan 1, 2025

These Terms of Use ("Terms”) govern your access to and use of the TutorSplash website, platform, services, and applications (collectively, the "Platform”). By registering for an account or using any aspect of the Platform, you agree to be legally bound by these Terms. If you do not agree with these Terms, you may not use the Platform.

Scope of Policy: This Privacy Policy applies to all users of the TutorSplash platform, including parents/guardians, students, and tutors. It outlines how TutorSplash collects, uses, stores, and protects personal data and session information

Purpose: To protect all user information in compliance with Canadian privacy law, specifically PIPEDA, and to promote transparency and trust for families, tutors, and administrators on the TutorSplash platform.

1. Platform Role and Legal Status

Clear Legal Role: Facilitator Only

TutorSplash is a neutral facilitator, not an employer or manager of tutors. Tutors are independent contractors who coordinate and conduct sessions under their own discretion. TutorSplash does not employ, monitor, supervise, or direct tutors. TutorSplash is an online facilitator that connects students (or their parents/guardians) with independent tutors. TutorSplash is not a party to any agreements between students and tutors except to the extent it facilitates scheduling, communications, and payments on the Platform.

This limitation of liability applies to all forms of misconduct, including but not limited to verbal, emotional, or sexual abuse, as outlined under applicable Canadian and Ontario law.

Accordingly, TutorSplash disclaims all liability for:

• Tutor conduct (inside or outside sessions)
• Off-platform communication
• Emotional, verbal, or sexual abuse where parent monitoring is absent

All users agree to these limitations upon registration.

2. Eligibility and Supervision

• The Platform is intended for use by individuals aged 16 or older to tutor.
• Users under the age of 18 must have parental or guardian supervision during tutoring sessions.
• By registering, you represent that you are either:
  • Over 18 years of age, or
  • Under 18 and supervised by a parent or legal guardian.

3. Acceptable Use

All users agree to:

• Use the Platform only for lawful, educational purposes.
• Refrain from using the Platform to harass, threaten, exploit, or impersonate others.
• Avoid off-platform communication or tutoring arrangements.
• Follow all instructions from TutorSplash related to safety, data protection, and session behavior.

Violations of this policy may result in account suspension or termination. TutorSplash disclaims liability for the actions of independent tutors (but takes all reasonable steps to ensure the safety and integrity of its platform).

Response Plan

Outlined Protocol:

• Immediate suspension of any tutor involved in a report of misconduct
• Secure review of session recordings, logs, and chat transcripts
• Mandatory reporting to Children’s Aid Society per CYFSA Section 125 if a child is at risk
• Documentation of all actions and communication
• Notification to the reporting parent/guardian of the outcome

Disclaimers: TutorSplash disclaims all responsibility for any incidents where:

• Parents failed to supervise the session
• Tutors and students communicated off-platform
• Users failed to report suspicious behavior in real time

This plan demonstrates TutorSplash’s duty of care, compliance, and responsiveness under Canadian law.

4. Session Safety & Monitoring Policy

Purpose: To ensure all tutoring sessions conducted through TutorSplash uphold the highest standards of child safety, transparency, and legal compliance by leveraging integrated tools, real-time supervision, and accountability measures.

Detailed Policy Framework:

• Platform-Only Delivery Requirement: All sessions must be conducted exclusively through TutorSplash’s video, whiteboard, chat, and screen sharing tools. Off-platform sessions are strictly prohibited and grounds for immediate termination of tutor access.
• Session Recording & Log Retention: All one-on-one sessions are automatically recorded and time-stamped. Session chat, file exchanges, and shared whiteboard content are archived. Recordings are stored securely and retained for up to 3 months for review in cases of safety, misconduct, or dispute.
• Real-Time Reporting Tools: Parents and students can use an in-session "Report” button to flag inappropriate behavior, misconduct, or safety concerns. Reports are routed to the Safety Compliance Team and logged for action within 24 hours.
• Tutor Identification & Verification: All tutors must complete onboarding orientation, pass a safety quiz, submit a Declaration of Good Conduct, and accept the Independent Contractor Agreement prior to activation.
• Parent Monitoring Responsibility: Parents or guardians of students under 18 must actively supervise sessions in real time. TutorSplash cannot be held liable for misconduct if parental monitoring is absent.
• Privacy & Surveillance Boundaries: Sessions may be reviewed by TutorSplash staff only in the event of a reported incident. Tutors and students may not record sessions independently or privately.
• Content Moderation & Safety Audits: Routine audits are conducted by the Compliance Team. Concerning trends (e.g., frequent low ratings, lack of supervision) may trigger a compliance review.
• Safety Protocol in Case of Disclosure: If a student discloses harm or abuse, tutors must thank the student, avoid promises of secrecy, and report immediately via the platform. TutorSplash will escalate to Children’s Aid Society under CYFSA Section 125.

Legal Compliance Reference:

• Child, Youth and Family Services Act, 2017 (Ontario)
• Criminal Code of Canada, Section 172.1
• PIPEDA
• Ontario Human Rights Code

Note: Off-platform sessions or private recordings are strictly prohibited.

5. Tutor Responsibilities

• Operate as independent contractors.
• Undergo identity verification and submit a Declaration of Good Conduct.
• Not record, export, or distribute any student data.
• Report any suspicion of child abuse or misconduct in accordance with CYFSA.

Failure to comply will result in immediate suspension and possible legal reporting.

6. Parent/Guardian Responsibilities

Important Notice on Platform Responsibility and Parent Monitoring:

TutorSplash is a digital platform that facilitates secure connections between students and independently contracted tutors. While we require tutors to complete mandatory orientation, sign legal declarations, and comply with all platform safeguards, TutorSplash does not supervise or physically monitor live tutoring sessions.

For the safety of all minors under 18 years of age, it is the full and sole responsibility of the parent or legal guardian to remain present or actively monitor the tutoring session. Parents are expected to supervise each session in real time and ensure the student is engaging appropriately.

If at any time a parent/guardian is uncomfortable with the tutor, the session, or the platform, they should immediately discontinue the session and notify TutorSplash. Use of the platform is entirely voluntary and based on user discretion.

TutorSplash will not be held liable for any misconduct that occurs outside of our platform’s monitoring capabilities, especially if the parent/guardian is not present during the session.

7. Payments and Platform Fees

• TutorSplash collects payments from students and disburses funds to tutors, deducting an applicable platform fee.
• All payments are final unless otherwise stated in the platform’s refund policy.
• Chargebacks or payment reversals are subject to investigation.

8. Disclaimers and Limitation of Liability

• TutorSplash makes no guarantees regarding academic improvement or tutoring outcomes.
• TutorSplash is not liable for the actions, conduct, or performance of any tutor.
• TutorSplash is not responsible for lost data, unauthorized access, or interruptions in service.

To the fullest extent permitted by law, our total liability to you is limited to the total amount paid by you to TutorSplash in the three months preceding the claim.

9. Safety & Reporting & Escalation Policy

Purpose: To provide a clear, structured process for reporting, investigating, and resolving safety concerns, inappropriate conduct, or violations of policy occurring on or related to the TutorSplash platform.

Scope:

This policy applies to all students, parents/guardians, tutors, and staff using TutorSplash.

Incident Reporting Methods:

• Users may report issues directly through the platform's in-session "Report” button.
• Alternatively, reports may be submitted via email to support@tutorsplash.com with "URGENT SAFETY REPORT” in the subject line.

Mandatory Reporting of Child Harm:

• Tutors are legally obligated to report any suspected abuse, neglect, or endangerment of a child under Section 125 of the CYFSA.
• Such reports will be immediately escalated to the appropriate child protection agency.

Internal Response Timeline:

• All reports are acknowledged within 24 hours.
• The Safety Compliance Team initiates a case review, including session logs and tutor history.
• Tutors under investigation are temporarily suspended from booking new sessions.

Escalation Protocols:

• Concerns involving abuse will be referred to law enforcement or child protection.
• Less severe issues may be resolved through warnings or retraining.

Confidentiality and Non-Retaliation:

• All reports are confidential.
• Retaliation against any party who submits a good-faith report is strictly prohibited.

Tutor Accountability Measures:

• Warnings, retraining, suspensions, or law enforcement referrals depending on the severity.

Legal Compliance: This policy supports compliance with CYFSA, Criminal Code Section 172.1, and PIPEDA.

10. Account Termination

• TutorSplash may suspend or delete your account at any time for:
• Violation of these Terms
• Repeated low ratings or misconduct
• Inactivity over an extended period
• Failure to respond to safety or verification requests
• Users may also request account deletion at any time.

11. Intellectual Property

All content on the platform, including logos, video tools, documents, and session recordings, is the property of TutorSplash. Users may not copy, reproduce, or republish platform materials or features without written permission.

Tutors retain ownership of original lesson materials they create, but grant TutorSplash a non-exclusive license to use and display such materials as part of session delivery and student support.

12. Privacy

Please refer to our full Privacy Policy for details on how we collect, use, and safeguard your data.

13. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, and the federal laws of Canada. Any legal dispute shall be subject to the exclusive jurisdiction of the courts of Ontario.

14. Changes to the Terms

TutorSplash reserves the right to modify these Terms at any time. Notice of material changes will be provided via email or platform alerts. Continued use of the Platform after such notice constitutes your acceptance of the new Terms.

15. Underage Tutor Liability Disclaimer

TutorSplash permits tutors aged 16 and above to join the platform, provided they meet all onboarding, training, and parental consent requirements. However, all underage tutors (under 18 years of age) must have written permission from a parent or legal guardian and comply with this policy.

a. Legal Responsibility of Underage Tutors

By participating as a tutor, all individuals under the age of 18—and their parents or legal guardians—acknowledge and accept full responsibility and legal liability for:

• All interactions conducted via the TutorSplash platform
• Adherence to applicable Canadian and Ontario laws regarding child protection and online conduct
• Any form of misconduct, including but not limited to sexual exploitation, harassment, verbal abuse, or grooming behavior

TutorSplash explicitly disclaims any liability for the actions, conduct, or communications of underage tutors.

b. Mandatory Compliance with Canadian Law

• Child, Youth and Family Services Act, 2017 (Ontario)
• PIPEDA – Personal Information Protection and Electronic Documents Act (Canada)
• Criminal Code of Canada, Section 172.1 – Luring a Child
• Ontario Human Rights Code – Equal Access & Freedom from Harassment

Any violation may result in immediate account suspension, legal investigation, and reporting to appropriate authorities including Children’s Aid Society and/or police.

c. Parental Indemnity

Parents or legal guardians of underage tutors agree to indemnify and hold harmless TutorSplash Inc. and its directors, officers, employees, and agents from any claims, demands, liabilities, damages, or expenses arising from:

• The actions of their child
• Misconduct or inappropriate behavior during or outside tutoring sessions
• Breach of TutorSplash’s Terms or Code of Conduct

16. Data Collection, Use, and Sharing

a. Information We Collect

• Personal Information: Name, email address, phone number, payment information (e.g., credit card details), profile details such as tutor photos, bios, and qualifications.
• Non-Personal Information: Browser type, device, operating system, IP address, pages visited, and time spent on the platform.
• Cookies & Tracking: We use cookies, web beacons, and similar technologies to enhance user experience. You may adjust cookie settings via your browser.

b. How We Use Your Information

• Provide and improve tutoring services
• Process payments and manage accounts
• Verify tutor and student identities
• Communicate updates and marketing content
• Detect and prevent fraud
• Personalize user experience

c. Sharing of Information

We do not sell or rent your personal data. However, we may share your information:

• With third-party processors such as payment gateways, hosting providers, and analytics platforms
• When legally required to comply with applicable laws or governmental requests
• If TutorSplash is acquired, merged, or undergoes a business restructuring

d. Your Rights

As a user, you have the right to:

• Access and update your profile information
• Request deletion of your data
• Receive a portable copy of your data
• Withdraw your consent where applicable

Requests can be made through your Account Settings or by contacting support@tutorsplash.com.

e. Third-Party Services and Links

The TutorSplash platform may contain links to third-party websites. We are not responsible for their privacy practices or content. Users should review the privacy policies of those sites independently.

f. Facebook Login

If you log in via Facebook, we collect your name, email, and profile picture solely to authenticate your account and support personalization. If you remove TutorSplash from Facebook or revoke permissions, we will delete all related data within 90 days unless retention is required for legal or fraud prevention purposes.

17. Contact Information

For any questions or concerns regarding these Terms, please contact us at:

• Email: support@tutorsplash.com
• Mailing Address: TutorSplash Inc., [Insert Business Address Here]

TutorSplash One-on-One Tutoring Session Policy

One-on-one sessions are powerful opportunities for personalized learning. To ensure every session meets TutorSplash’s standards of safety, professionalism, and educational value, all tutors must adhere to the following:

Content & Teaching Standards

• Be qualified: Offer sessions only in subjects where you possess formal qualifications, lived experience, or demonstrable expertise.
• Be objective: Present factual, secular, and balanced information. Avoid presenting personal beliefs (e.g., religious, political, or pseudoscientific views) as truth.
• Be age-appropriate: Materials must be tailored to the learner's developmental stage. Use discretion and respect in addressing sensitive topics.

Legal and Ethical Requirements

Comply with all applicable Canadian laws, including:

• Child, Youth and Family Services Act, 2017 (Ontario)
• Personal Information Protection and Electronic Documents Act (PIPEDA)
• Criminal Code of Canada, Section 172.1 – Luring a Child
• Ontario Human Rights Code

Mandatory Reporting: Any suspicion of child harm must be immediately reported via TutorSplash’s built-in tools. We will escalate to Children’s Aid Society if needed.

Session Environment

• Sessions must be conducted from a quiet, private, and professional environment.
• Tutors must be fully clothed, seated at a desk or table, and not in transit.
• Backgrounds must be neutral, without offensive or distracting elements.

Conduct Expectations

• Start on time and end as scheduled.
• Communicate respectfully and professionally.
• Do not teach while impaired or while using substances.
• Do not discuss personal beliefs, controversial ideologies, or promote any causes.
• Never suggest or encourage off-platform communication.

Safety Rules

• All sessions are recorded automatically for quality assurance and incident review.
• Tutors may not record or export any session content.
• Students’ personal information must remain confidential and never be requested or stored externally.

TutorSplash Group Session Policy

Group classes offer valuable opportunities for collaboration and community learning. These policies ensure group sessions remain inclusive, respectful, and enriching.

Educational Approach

• Content must be inclusive, objective, and grounded in evidence.
• Promote multiple perspectives when covering cultural, historical, or scientific topics.
• Do not present speculative or supernatural topics as factual.
• Avoid "soapbox” teaching or any emotionally manipulative content.
• Content must be secular:
• You may reference religious or cultural practices objectively (e.g., "This is how Diwali is celebrated”), but you may not promote or celebrate religious belief or conversion.
• Holiday-themed sessions must use secular materials only.

Respect & Inclusion

• Group sessions must be welcoming to learners from all backgrounds, identities, and abilities.
• Tutors must:
• Avoid gendered or exclusionary language (e.g., "This is a class for girls only”).
• Actively promote inclusivity.
• Moderate classroom discussion to ensure no learner feels targeted, excluded, or silenced.

Structure and Safety

• Group sessions must:
• Include clear participation rules (e.g., turn-taking, chat use)
• Include a pre-session overview of ground rules
• Offer a cool-down and reflection period after role-play, debate, or emotionally complex topics

Topics with Sensitivity or Risk

If your group session includes sensitive topics (e.g., racism, mental health, trauma, historical injustices), you must:

• Include a Parental Guidance (PG) statement in your class listing
• Use evidence-backed resources from respected institutions (e.g., Learning for Justice, UNESCO)
• Set clear emotional boundaries and offer post-session support materials if needed

Classes related to mental health, therapy, or medical advice are strictly prohibited, including:

• Counseling or therapeutic support
• Diagnosis or treatment of medical/mental conditions
• Diet, nutrition, or weight-loss coaching

Prohibited in All Sessions

Whether one-on-one or group, the following are strictly not permitted:

• Off-platform communication
• Political, religious, or ideological promotion
• Encouragement of illegal activity or unsafe behavior
• Use of sensationalized, graphic, or disturbing content
• Disparagement of any group based on identity, ability, nationality, or belief
• Profanity, sexual content, or content meant to shock or provoke

Enforcement & Compliance

• Violations of these policies may result in:
• Session cancellation
• Written warnings
• Account suspension or permanent removal
• Legal escalation (e.g., reporting to child welfare agencies or law enforcement)

All sessions may be audited for compliance. Repeat offenders or egregious violations will be banned permanently from TutorSplash.