Terms of Service

1. Acceptance of Terms

Welcome to XyBricks. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and XyBricks Inc. ("XyBricks," "we," "our," or "us") governing your access to and use of the XyBricks website at xybricks.com, including all associated services, features, content, and applications (collectively, the "Platform").

By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Platform.

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or a prominent notice on the Platform at least 30 days before they take effect. Your continued use of the Platform after such changes constitutes acceptance of the revised Terms.

If you are using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

XyBricks is an online education marketplace that connects students seeking tutoring services with qualified tutors across a wide range of academic subjects, professional skills, and personal development areas. Our Platform provides:

• Tutor Discovery: A searchable directory of verified tutors with detailed profiles, qualifications, ratings, and reviews.
• Session Booking: Tools to schedule, manage, and conduct one-on-one or group tutoring sessions via video conferencing, chat, or other communication methods.
• Payment Processing: Secure payment facilitation between students and tutors, including subscription plans and individual session purchases.
• Learning Resources: Supplementary educational materials, blogs, and resources to support the learning experience.
• Messaging and Communication: In-platform communication tools for students and tutors to coordinate sessions and share materials.

XyBricks acts as an intermediary platform and is not itself a provider of tutoring services. Tutors on the Platform are independent contractors and not employees of XyBricks. We do not guarantee the quality, suitability, or outcomes of any tutoring services arranged through the Platform.

3. User Accounts

3.1 Registration

To access certain features of the Platform, you must create an account by providing accurate, current, and complete information as prompted during the registration process. You may register as a Student, a Tutor, or both. You agree to update your account information promptly to keep it accurate and complete at all times.

3.2 Eligibility

You must be at least 16 years of age to create an account on the Platform. Users between the ages of 13 and 15 may use the Platform only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. Users under the age of 13 are not permitted to use the Platform.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to immediately notify us at security@xybricks.com of any unauthorized use of your account or any other security breach. XyBricks is not liable for any loss or damage arising from your failure to maintain the security of your account.

3.4 Account Responsibilities

You are solely responsible for all activity that occurs under your account, whether or not authorized by you. You may not:

• Create more than one account per individual without prior written consent from XyBricks.
• Share your account credentials with any third party.
• Transfer or assign your account to another person without our prior written consent.
• Use another user's account without their permission.
• Create an account using false, misleading, or fraudulent information.

4. Student Terms

4.1 Subscription Plans

XyBricks offers various subscription plans that provide students with access to different levels of service, including session credits, priority booking, and premium features. Details of available plans and pricing are provided on our Pricing page. Subscription plans are subject to the following terms:

• Subscriptions automatically renew at the end of each billing cycle unless cancelled before the renewal date.
• You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.
• No refunds will be issued for partial billing periods unless otherwise required by applicable law.
• XyBricks reserves the right to modify subscription pricing with at least 30 days' advance notice.

4.2 Booking Sessions

When booking a tutoring session, you agree to the following:

• Sessions must be booked through the Platform using available time slots indicated on tutor profiles.
• You are expected to attend booked sessions on time. Repeated no-shows may result in account restrictions or fees.
• Cancellation policies vary by tutor. Please review the specific tutor's cancellation policy before booking. Generally, sessions cancelled less than 24 hours before the scheduled time may not be eligible for a refund or credit.
• XyBricks is not responsible for technical issues on your end that prevent you from attending a session.

4.3 Payments

All payments for tutoring sessions and subscriptions are processed securely through the Platform. By providing payment information, you authorize XyBricks and its payment processors to charge the applicable fees. You are responsible for all charges incurred under your account, including applicable taxes.

5. Tutor Terms

5.1 Tutor Profile and Verification

Tutors must complete a comprehensive profile, including qualifications, teaching experience, subjects offered, and availability. All information provided must be truthful and accurate. XyBricks reserves the right to:

• Verify your identity, qualifications, and credentials through background checks and document review.
• Request additional documentation or certifications at any time.
• Reject or suspend tutor applications that do not meet our quality standards.
• Display verified badges on profiles that have passed our verification process.

5.2 Tutor Payments

Tutors receive compensation for completed sessions as follows:

• XyBricks retains a service fee (commission) from each completed session. The applicable commission rate is specified in your Tutor Agreement and may vary based on your tutor tier and performance.
• Payments are disbursed on a regular schedule (e.g., bi-weekly or monthly) via the payment method you have designated in your account settings.
• You are responsible for reporting and paying all applicable taxes on your earnings. XyBricks may provide tax documentation (such as IRS Form 1099) where required by law.
• Payment disputes must be raised within 30 days of the relevant transaction.

5.3 Tutor Obligations

As a tutor on the Platform, you agree to:

• Provide high-quality tutoring services that are professional, accurate, and aligned with the subjects you have listed.
• Maintain your availability calendar accurately and honor all confirmed session bookings.
• Respond to student inquiries and booking requests in a timely manner.
• Comply with all applicable laws, regulations, and professional standards in delivering your services.
• Refrain from soliciting students to transact outside the Platform to circumvent XyBricks fees.
• Maintain an appropriate and professional environment during all tutoring sessions.

6. Fees and Payments

The following terms apply to all financial transactions on the Platform:

• Currency: All prices and fees are displayed in US Dollars (USD) unless otherwise indicated. Currency conversion, if applicable, is handled by your payment provider and may incur additional charges.
• Payment Methods: We accept major credit cards (Visa, Mastercard, American Express), debit cards, PayPal, and other payment methods as indicated on the Platform.
• Refund Policy: Refund eligibility depends on the specific circumstances and the applicable tutor's cancellation policy. Requests for refunds should be submitted through the Platform within 7 days of the session date. XyBricks will review each request and make a determination at its reasonable discretion.
• Service Fees: XyBricks charges service fees to facilitate transactions on the Platform. These fees are disclosed at the time of booking and are non-refundable unless the session is cancelled in accordance with the applicable cancellation policy.
• Failed Payments: If a payment fails, we may retry the charge or restrict your access to the Platform until the outstanding balance is resolved.
• Chargebacks: If you initiate a chargeback or payment dispute with your financial institution without first attempting to resolve the issue through XyBricks, we reserve the right to suspend your account pending investigation.

7. Code of Conduct

All users of the Platform are expected to maintain a respectful and professional environment. You agree not to:

• Harass, bully, intimidate, or threaten any other user.
• Post or transmit content that is discriminatory, offensive, defamatory, obscene, or otherwise objectionable.
• Engage in any form of academic dishonesty, including but not limited to completing assignments or exams on behalf of a student.
• Share personal contact information for the purpose of circumventing the Platform or its fees.
• Upload, share, or transmit any malicious software, viruses, or harmful code.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Use the Platform for any illegal, unauthorized, or unethical purpose.
• Scrape, crawl, or use automated means to access the Platform or extract data without prior written consent.
• Interfere with or disrupt the Platform, servers, or networks connected to the Platform.
• Post false, misleading, or fraudulent reviews or ratings.

Violations of this Code of Conduct may result in warnings, temporary suspension, or permanent termination of your account at XyBricks' sole discretion.

8. Intellectual Property

8.1 XyBricks Content

The Platform, including its design, logos, trademarks, text, graphics, images, software, and all other content and materials (collectively, "XyBricks Content"), is owned by or licensed to XyBricks and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, reproduce, modify, distribute, transmit, display, or create derivative works from any XyBricks Content without our prior written consent.

8.2 User Content

By submitting, posting, or sharing content on the Platform (including reviews, messages, profile information, and educational materials), you grant XyBricks a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with providing and promoting the Platform. You retain ownership of your content and may remove it from the Platform at any time, subject to any ongoing obligations (e.g., content shared during completed sessions).

8.3 Tutor Materials

Tutors retain full ownership of their original educational materials, lesson plans, and resources shared through the Platform. Students may use these materials for personal educational purposes only and may not redistribute, sell, or publicly share them without the tutor's explicit written permission.

8.4 DMCA and Copyright Complaints

XyBricks respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe that content on the Platform infringes your copyright, please submit a DMCA takedown notice to legal@xybricks.com with the required information as set forth under the DMCA.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
• XYBRICKS DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• XYBRICKS DOES NOT GUARANTEE THE QUALITY, ACCURACY, SUITABILITY, OR AVAILABILITY OF ANY TUTOR OR TUTORING SERVICES ACCESSED THROUGH THE PLATFORM.
• IN NO EVENT SHALL XYBRICKS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM.
• XYBRICKS' TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO XYBRICKS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so the above limitations may not apply to you in their entirety. In such cases, our liability is limited to the fullest extent permitted by applicable law.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Platform ("Dispute") informally by contacting us at disputes@xybricks.com. We will attempt to resolve the Dispute informally within 60 days from the date we receive your notice.

10.2 Binding Arbitration

If a Dispute cannot be resolved informally, you and XyBricks agree that it shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in English, in the county where you reside or in San Francisco, California, at your election. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND XYBRICKS AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

10.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. Claims within the jurisdiction of small claims court may also be brought in small claims court in lieu of arbitration.

11. Termination

11.1 Termination by You

You may terminate your account at any time by accessing your account settings and selecting the option to close your account, or by contacting our support team at support@xybricks.com. Upon termination:

• Your access to the Platform will be revoked.
• Any unused session credits or subscription time will not be refunded unless required by applicable law.
• Outstanding payment obligations remain due and payable.
• Tutor earnings for completed sessions will be disbursed according to the regular payment schedule.

11.2 Termination by XyBricks

We reserve the right to suspend or terminate your account, at our sole discretion and without prior notice, if:

• You violate any provision of these Terms or our Code of Conduct.
• Your conduct poses a risk of harm or liability to XyBricks, other users, or third parties.
• Your account has been inactive for an extended period (12 months or more).
• We are required to do so by law, regulation, or court order.
• We discontinue or materially modify the Platform or any part thereof.

11.3 Effect of Termination

Upon termination, the following provisions of these Terms will survive: Intellectual Property, Limitation of Liability, Dispute Resolution, Governing Law, and any other provisions that by their nature should survive termination.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law principles. Subject to the arbitration provisions set forth in Section 10, any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in San Francisco County, California, and you consent to the personal jurisdiction of such courts.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. The failure of XyBricks to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us using the information below:

For support-related inquiries, please visit our Contact page or email support@xybricks.com.