Tenacity Tutoring App – Terms & Conditions

These Terms & Conditions ("Terms") form a legal agreement between Tenacity Tutoring Pty Ltd (ABN 77 684 137 031) – referred to as "Tenacity", "we", "us" or "our" – and you, the user of the Tenacity Tutoring mobile application ("the App") and our tutoring services. By using the App, you agree to these Terms. If you do not agree, you must stop using the App.

Eligibility and Accounts

Authorized Users: The App is intended for use by Tenacity’s clients (parents or legal guardians of students receiving tutoring), Tenacity’s tutors (employees), and Tenacity’s administrators. You must be one of these authorized users with a valid account to use the App. (Students do not currently have their own logins.)

Age Requirement: By using the App, you confirm that you are at least 18 years old (or the age of majority in your location). If you are under 18, you may only use the App under the supervision and consent of a parent or guardian (e.g. a minor student using a parent’s account).

Account Registration: Parents create accounts to manage tutoring for their child. Tutor and Admin accounts are provided by Tenacity. You agree to provide accurate, current information when registering and to keep your details up to date. Do not attempt to create or use an account that you are not authorized to use.

Account Security: Keep your login credentials confidential. You are responsible for all activity under your account. If you suspect any unauthorized use or a security breach, notify us immediately at admin@tenacitytutoring.com. We will not hold you responsible for actions carried out by Tenacity staff (e.g. administrators accessing your account for support), but otherwise you are responsible for actions under your login.

Role-Based Use: Use the App only within the scope of your role. Parents should manage only their own child’s tutoring and related payments. Tutors should use their accounts solely for their employment-related tasks (such as marking attendance, viewing schedules, and communicating with assigned parents/students). Administrators must use their access only for official Tenacity administrative purposes. Do not attempt to access data or features you are not authorized to use.

Legal Compliance: Only use the App if it is legal for you to do so. Do not use the App if any applicable laws prohibit you from receiving our services. If you use the App on an Apple iOS device, you further represent that you are not located in a country subject to a U.S. government embargo and are not listed on any U.S. government list of prohibited or restricted parties.

License to Use the App

We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Tenacity Tutoring App on your device solely for accessing our tutoring services in accordance with these Terms. This license is for your personal use (or internal use, if you are a tutor or admin) only.

Platform Usage Rules: If you downloaded the App from the Apple App Store or Google Play Store, you must also comply with the applicable store’s terms and usage rules. For example, on iOS, your use of the App is limited to Apple devices that you own or control, as permitted by Apple’s App Store rules.

App Ownership: The App is licensed, not sold, to you. Tenacity (and its licensors) retains all rights, title, and interest in and to the App and its content. Using the App does not give you ownership of any intellectual property rights in the App or in any content you access through it.

Restrictions: You agree that you will not:

• Copy, modify, or distribute the App or any part of it (except for making a personal backup as allowed by law).
• Sell, rent, or sublicense the App to anyone else.
• Reverse engineer or attempt to extract the source code of the App, except to the extent allowed by law.
• Remove or alter any proprietary notices on the App.
• Use the App in any unlawful manner or in violation of these Terms.

Acceptable Use

You agree to use the App in a lawful and respectful way. You must NOT:

• Use the App for any unlawful, fraudulent, or harmful purpose.
• Send any harassing, threatening, defamatory, obscene, or offensive content via the App (e.g. in messages or feedback).
• Impersonate anyone or misrepresent your identity. Do not attempt to access accounts or data that you have no permission to access.
• Interfere with or disrupt the App’s normal operation (for example, by introducing malware or attempting to bypass security measures).
• Use the App to advertise or promote any product or service unrelated to Tenacity’s tutoring services.

Consequences: If you violate these rules or otherwise misuse the App, we may suspend or terminate your account. Serious violations (such as illegal activities) may also be reported to law enforcement.

Payments and Refunds

Offline Services (No In-App Purchases): Payments facilitated through the App are for tutoring services delivered outside the App (in-person or online lessons). The App itself does not sell any digital goods or features; it is a tool for scheduling, communication, and payment management for our tutoring services.

Pricing and Fees: Tutoring fees are communicated via our website, the App, or direct invoices. All prices are in Australian Dollars (AUD) and include GST where applicable, unless stated otherwise. By booking lessons or using our services, you agree to pay the applicable fees as they fall due.

Payment Processing: We use Stripe to process payments securely. Tenacity does not store your credit card details. By making payments through the App, you authorize Stripe to process your payments. If a payment fails or is reversed (e.g. via chargeback), we may suspend or cancel the related tutoring sessions until the issue is resolved.

Cancellations and Lesson Tokens: To provide flexibility, we offer a credit system for missed lessons:

• If you notify us by 10:00am (Sydney time) on the day of a lesson that your child cannot attend, we will issue a lesson token for that session. This token can be used later to book a make-up lesson of equivalent value at no extra charge, subject to tutor availability.
• Lesson tokens do not expire. However, they are not transferable to other people and cannot be redeemed for cash. They are simply credits for a future lesson for the same student.
• If you cancel a lesson after 10:00am on the day of the lesson (or if a student simply does not show up), you will not receive a token or a refund for that session. That session will be forfeited.
• If Tenacity or the tutor must cancel a lesson (e.g. due to tutor illness or an emergency) and we cannot offer a substitute or reschedule promptly, you will not be charged for that session. If you pre-paid for it, we will provide you a lesson token or otherwise credit or reschedule the lesson at your option.

No Refunds for Change of Mind: Aside from the lesson token policy or as required by law, we generally do not provide cash refunds for change-of-mind cancellations or for services already provided. In special circumstances you can contact us to request a credit or refund, but any such accommodation will be at our discretion.

Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). In plain terms:

• Major failures: If our service has a major failure (for example, a problem that would have stopped you from using it if you had known in advance, or an issue that can’t be fixed), you are entitled to cancel the service and obtain a refund for any unused tutoring sessions (and compensation for any other reasonably foreseeable loss or damage).
• Minor issues: If the problem is not a major failure, you have the right to have the issue fixed within a reasonable time. If we cannot fix it in a reasonable time, you can cancel the service and get a refund for the unused portion.
• These rights are in addition to any remedies offered under our own policies (such as the lesson tokens). Nothing in these Terms limits or excludes your rights under the ACL.

Privacy and Data

We collect and use personal information in accordance with our Privacy Policy and applicable privacy laws. By using the App, you consent to our handling of your information as described here and in our Privacy Policy.

Data Storage: Your data (including account information and communications) may be stored on secure cloud servers located in the United States (for example, via Google Firebase). By using the App, you agree to this overseas storage of your data. We implement security measures to protect your information.

Use of Data: We only use your personal data as needed to provide our services and operate the App. We do not use your data for third-party advertising or any form of behavioral analytics. Any notifications or messages you receive from us will relate to your tutoring services (e.g. lesson reminders, schedule changes, invoices) and not marketing material.

Sharing of Data: We do not sell your information. We share data with third parties only as necessary to deliver our services – for example, providing required details to our payment processor (Stripe) or as required by law.

Disclaimers and Liability

Service "As Is": We provide the App and our services on an "as is" and "as available" basis. While we strive for high quality, we cannot guarantee the App will be uninterrupted or error-free, or that our services will meet all your expectations at all times. Using the App involves some inherent technical risks (such as unforeseen downtime or bugs). You agree that you use the App and services at your own risk.

No Guaranteed Outcomes: We do not guarantee any specific academic outcomes or results from our tutoring. Every student is different, and improvement depends on many factors beyond our control. By using our services, you understand that results will vary.

Insurance and Third-Party Services: Tenacity does not currently carry professional indemnity or public liability insurance. By using our services, you acknowledge this. Also, the App relies on third-party services (for example, Google Firebase for data hosting and Stripe for payments). We are not responsible for failures or security issues caused by these third-party providers.

Limited Liability: To the fullest extent allowed by law, we exclude all implied warranties that are not expressly stated in these Terms. We will not be liable for any indirect, special, or consequential loss, or for any loss of profit, data, or opportunity, arising out of your use of the App or services. In any case, our total aggregate liability to you is capped at the greater of the total fees you have paid us in the past 12 months or AUD $100, and that cap applies to the extent permitted by law. This limitation does not apply to any liability which cannot be excluded under law (for example, liability under the ACL that cannot be limited or liability for personal injury caused by our negligence).

Additional Terms for Apple iOS Users

If you use the App on an Apple iOS device, the following terms apply in addition:

• Acknowledgment: These Terms are between you and Tenacity, not Apple. Apple is not responsible for the App or its content and has no obligation to provide any support or maintenance for the App.
• Third-Party Beneficiary: You acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right to enforce them against you as a third-party beneficiary.
• Warranty Claims: In the event the App fails to conform to any applicable warranty that cannot be excluded, you may notify Apple, and Apple will refund any purchase price you paid for the App (if any). To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the App, and any other claims arising from warranty issues will be Tenacity’s responsibility.
• Product Claims: Apple is not responsible for addressing any claims by you or any third party relating to the App or your use of it, including product liability claims, claims that the App does not conform to legal requirements, or claims under consumer protection laws.
• Intellectual Property Rights: If a third party claims that the App or your use of the App infringes someone’s intellectual property rights, Tenacity (not Apple) will be responsible for investigating and resolving the claim.

Suspension and Termination

You are free to stop using the App at any time. Similarly, Tenacity may suspend or terminate your account or access to the App if you breach these Terms or if we are required to do so for legal or operational reasons. We will attempt to give you notice in such cases.

If your account is terminated (whether by you or by us), you must cease using the App. Any unpaid fees for services already provided will remain due. Provisions of these Terms that by their nature should continue after termination (such as disclaimers, liability limitations, and governing law) will survive.

Changes to Terms

We may update these Terms from time to time. If a change significantly affects your rights or obligations, we will notify you (for example, via an App notification or email). Continued use of the App after updated Terms take effect signifies your acceptance of the changes. If you do not agree to a change, you should stop using the App.

Governing Law

These Terms are governed by the laws of New South Wales, Australia (and applicable federal laws of Australia). Any disputes arising in connection with these Terms or the App will be subject to the jurisdiction of the courts of New South Wales.