Terms of Service

DRAFT — to be reviewed by a lawyer before publication. Last updated: 2026-10-24

These Terms govern the use of TutorHabitat, provided by SPÓŁKA GŁÓWNA, OPERATOR_ADDRESS ("we"). You accept them by ticking "I accept the Terms" when creating an account; we keep a record of the version you accepted and send the Terms to you by e-mail. Sections marked [Consumers] apply when you use the service outside your trade or profession; sections marked [Business] apply to tutors, schools and companies acting professionally.

1. The service

TutorHabitat is an online board with lesson rooms, a lesson diary, scheduling, billing records for tutors, an optional AI tutor and optional recording with transcription. Features available in your plan are shown in the service and on the pricing page.

1a. Where we offer the service

• Worldwide, in our languages. The service is offered worldwide in its interface languages (Polish, English, Spanish, German, French, Ukrainian, Italian and Portuguese), with particular attention to tutors and schools that teach international families. Local rules we have added for particular countries are in the Regional Addenda.
• Not offered: in the territories and to the persons listed in section 1c (sanctions).
• Not directed at: the United Kingdom; Switzerland; mainland China, Hong Kong and Macau; Thailand; Peru; Argentina; Uruguay; Nigeria; Turkey; Saudi Arabia; Kenya; Indonesia; Vietnam; and Brazil. Use of the service there is not prohibited and is not blocked, but we do not target these countries: we do not show prices in their currencies, do not market the service there and do not offer local payment methods for our own sales there. The Portuguese interface is provided for Portugal and Portuguese speakers in our other markets; it does not mean that the service is directed at Brazil. We do not publish full local-law addenda for these countries; the Regional Addenda contain only the short notes stated there. If you use the service from there, you do so on your own initiative, and local law may still apply to a tutor who teaches from one of these countries. We do not turn features off because of your country.
• Where we cannot meet local law. We do not ask your country at sign-up or verify it (section 1b, for students in the USA, is the only question about where your students live). If we learn with certainty that a user lives in a country whose law we cannot comply with, we may restrict that user's access as that law requires.
• AI availability. We do not restrict AI features by country. Our AI providers do not allow use of their services in some places (for example mainland China and Hong Kong, and possibly Macau). You must not use AI features from a place where the AI provider's terms do not allow it. We do not check where you are. Without AI features, the rest of the service still works.
• Paid plans. Paid plans and credit packs are sold only through our Merchant of Record (section 3). Where it does not sell, paid plans and credit packs are not available, for example in Venezuela. Free or beta use may still be possible there unless section 1c applies. We do not sell paid plans directly. CHECK: Merchant of Record's current list of supported countries at launch

1b. Students living in the USA

If you teach students who live in the United States (including US territories), you must switch on "I teach students who live in the USA" in your account settings, mark those students in their cards, and — for students under 13 — give us the e-mail address of a parent or legal guardian in the student's card. We then send the parent the required notice and consent form and receive the signed form directly from the parent. Consent is needed before we collect personal information from the child; the administrative data you enter (name, schedule, planned lessons) is not collected from the child. Until we have checked and accepted the parent's form, you may plan lessons for such a student under 13 but must not let them join lessons or lesson rooms (the service blocks this), and you must not collect the form yourself on our behalf. If the parent withdraws consent, we delete the personal information collected from the child, including from your lesson rooms, as listed in Children and Students (the child's chat messages, questions to the AI tutor and uploaded materials, the recordings and transcripts of the child's rooms, and the child's board entries and handwriting readings where they can be attributed to the child), and the child's rows in the AI usage log are kept only as anonymous counts. If you circumvent the block, we may block that student and suspend the account. This does not transfer our COPPA duties to you. You are responsible for information you knew was false (such as a student's age or a parent's e-mail address); you are not required to indemnify us for our own violation of the law.

1c. Sanctions and export controls

• Territories. The service is not offered to people located or ordinarily resident in, or organisations established in: Cuba, Iran, North Korea, the Crimea region (including Sevastopol) and the occupied (non-government-controlled) areas of the Donetsk, Luhansk, Kherson and Zaporizhzhia regions of Ukraine. The rest of Ukraine is not affected.
• Russia and Belarus. We do not provide the service to legal persons, other entities or government bodies established in Russia or Belarus, and paid plans and credit packs are not available there.
• Sanctioned persons. The service is not offered to persons on a sanctions list of the European Union, the United States (including the OFAC Specially Designated Nationals and Blocked Persons List) or the United Nations, or to anyone owned or controlled by, or acting on behalf of, such a person. CHECK: lists and territories against current EU, US and UN measures at launch and at each review
• Your confirmation. By opening a customer account, you (the tutor, school or company holding the account) confirm that: (a) you are not located, ordinarily resident or established in Cuba, Iran, North Korea, Crimea (including Sevastopol), or the occupied areas of the Donetsk, Luhansk, Kherson or Zaporizhzhia regions named in the Territories bullet; (b) you are not a legal person, entity or government body established in Russia or Belarus; (c) you are not a sanctioned person and are not owned or controlled by, or acting on behalf of, one; and (d) to your knowledge, you will not use the service for or with a sanctioned person or a person located in Cuba, Iran, North Korea, Crimea (including Sevastopol), or the occupied areas of the Donetsk, Luhansk, Kherson or Zaporizhzhia regions named in the Territories bullet, and you will not let your staff or students use it in breach of applicable sanctions or export-control laws. Students and parents have no customer accounts; they use the service through your links, and your confirmation in (d) covers them. Russia and Belarus are covered only by (b) and by the rule that paid plans and credit packs are not available there; an individual in Russia or Belarus is not, for that reason alone, a person you must exclude.
• How we apply this. We do not ask your country at sign-up or verify it. Payments are screened by the Merchant of Record. If we learn with certainty that this section applies to a user, we suspend that user's access, and we may refuse or terminate the account or decline a payment where sanctions or export-control law requires it.
• Payments and refunds. Where sanctions or export-control law prohibits a payment, refund or release of funds, including to a person located or ordinarily resident in Cuba, Iran, North Korea, Crimea (including Sevastopol), or the occupied areas of the Donetsk, Luhansk, Kherson or Zaporizhzhia regions named in the Territories bullet whether or not that person is on a sanctions list, we do not make it and do not ask the seller to make it. The seller's duties are governed by its buyer terms and by the law that applies to it. Statutory refund rights are otherwise unaffected.

2. Accounts

• You must give accurate details and keep your password safe. You are responsible for activity in your account, including the accounts of teachers and students you invite.
• Private preview: while the service is in private preview, accounts can be opened only from a personal invitation link sent by us. A link works once and expires on the date shown; do not pass it on. Each account gets its own separate workspace (its data is kept apart from other customers' data) with sample students and lessons that you can delete.
• You must be at least 18 years old (or the age of majority where you live) to open a customer account. Students may use the service through their tutor's account and links; see Children and Students.

3. Beta, trial and plans

• Beta: during the beta period the full service is free. Fair-use limits apply only to our variable costs (AI, transcription — measured in credits) and storage. Beta features may change; we will warn you before ending the beta.
• Trial: TRIAL_DAYS-day trial of the full service on the same principles. TRIAL_CARD_RULE
• Plans and prices are shown on the pricing page in the currencies we offer. We do not show prices in the currencies of the countries the service is not directed at (section 1a). Paid plans and credit packs are sold only through our payment provider PAYMENT_PROVIDER (Paddle or an equivalent provider). Where it does not sell, they are not available (section 1a). The provider acts as the Merchant of Record: it sells the subscription to you, charges taxes, issues invoices and handles refunds under its own buyer terms.
• Subscriptions renew automatically for the same period until cancelled. You can cancel renewal at any time in the service; the plan then stays active until the end of the paid period.
• [Consumers] In the EU/EEA you may also withdraw within 14 days, which ends the contract and leads to a refund as set out in Refunds and Withdrawal. Withdrawal is different from cancelling renewal.
• Price changes apply from the next billing period and are announced at least 30 days in advance; you may cancel before they apply.
• [Consumers] Where local law requires (e.g. Germany, §309 No. 9 BGB), after the first term the subscription continues for an indefinite period and can be cancelled at any time with one month's notice. A clearly labelled cancellation function is available in the account settings. In California, auto-renewal terms, consent and online cancellation follow Bus. & Prof. Code §17600 ff. CHECK: trial conversion rules

4. Credits

• AI and transcription consume credits. Every new account receives 1,000 starting credits. They are a free promotional allowance and are not sold. They are valid for 3 months from the day the account is opened; the expiry date is shown at sign-up and next to your balance. More credits can be bought in packs or with a subscription. The price per pack is shown before purchase.
• Order of use. Starting credits are used first, before any credits you bought or received with a subscription.
• Transparency. Every AI call is recorded with its time, function, room, student and person and the credits it used (not the text of questions or answers). The detailed log covers the last 12 months. Older entries are kept only as monthly totals per function (number of calls, cost, number of active rooms), with student, room and user identifiers removed; the totals stay linked to your account and are deleted with it. The account administrator sees this in AI usage (by day, room, student, lesson and function, with CSV export). Credits are the metering unit. When you pay for credits, we also show an estimate in your billing currency at the pack price you paid; the binding price is the one shown at purchase. When your own AI key is connected, the amounts are for comparison only, and the only charges are those billed by your provider.
• Room budgets. The administrator can set a monthly AI budget for each lesson room. Students in that room then see how much is left; when it is used up, AI is switched off for the students of that room until the next month or until the budget is raised. The tutor can continue to use AI.
• Credits are not money and cannot be transferred or exchanged for cash. Purchased credit packs do not expire — they stay on your account for as long as the account exists. Credits included in a subscription are a usage allowance for the billing period they belong to CHECK: roll-over. Free starting credits expire as stated above. Before you close your account we show any unused purchased credits; if we close the service, we ask the seller to refund unused purchased credits. Otherwise unused credits are refunded where the law requires (withdrawal, non-conformity or other mandatory consumer law; see Refunds and Withdrawal); closing your own account does not forfeit a statutory refund. Expiry does not limit any refund required by withdrawal, non-conformity or mandatory consumer law.
• Your own AI key. The administrator can connect an API key from a supported AI provider (AI_PROVIDERS). While it is connected, your credits are paused and AI requests of your workspace are sent to that provider under your own agreement with it: the provider bills you directly, and its terms, prices, limits and availability apply. Where you have that direct agreement, the provider acts under it and is not our sub-processor. We transmit requests only on your instruction, with the same data minimisation and AI-consent rules. If you are a consumer, you contract with the provider directly and our role is to transmit requests on your instruction. Before the key is used for lesson data, you must confirm in the service that the provider's terms or settings prohibit training on your content; otherwise we do not send lesson data with the key. We remain the controller of your account, billing, technical logs, the help assistant and the stored key. We store the key encrypted, use it only for your workspace and never show it again (only its last four characters). We keep measuring usage in credits for your comparison. Connecting a key pauses spending of credits but does not stop the validity period of your starting credits. You can disconnect the key at any time; credits then work again.
• Liability for your provider. You are responsible for your agreement with the provider. We are not liable for the provider's prices, your provider-account charges, or outages of the provider's API, except where the failure is caused by our transmission, our storage of the key, or our not following your instruction. This does not limit liability that cannot be limited by law, including for consumers the legal guarantee of conformity. CHECK: role analysis

5. Your content

• You keep all rights to the content you and your students create or upload. You give us a limited licence to store, process and display it only to provide the service.
• You are responsible for having the rights to upload materials (textbooks, worksheets) and for the legal basis to process your students' data. Our Data Processing Addendum applies to that data.
• You must follow the Acceptable Use Policy, which also describes how we moderate content (DSA Art. 14). Notices of illegal content: DSA Notice.

6. AI features

AI answers can be wrong. They support learning; they do not replace the tutor's judgement. AI is used only when someone asks for it: materials uploaded to a room are files for the lesson and reach AI only after “Load into AI”. See AI Policy.

7. Availability and changes

We aim for high availability but do not guarantee uninterrupted service. Maintenance is scheduled outside typical lesson hours where possible. We may change features for valid reasons (security, legal requirements, technical development); we will not remove core features of a paid plan during its paid period without first asking the seller to make a pro-rata refund under its buyer terms (we do not ourselves refund sums paid to the seller; where mandatory law gives you a refund right against the seller, it applies).

[Consumers] Changes beyond what is needed to keep the service in conformity are made only for such a valid reason, at no extra cost, with clear notice in advance. If a change negatively affects your access or use more than slightly, you may terminate free of charge within 30 days of the notice or of the change (Directive 2019/770 Art. 19).

7a. Changes to these Terms

We announce material changes at least 30 days in advance by e-mail or in the service. You may terminate before they apply. [Consumers] Changes to your disadvantage apply only once you accept them.

7b. Switching and data export (EU Data Act)

You can export your data at any time and switch to another provider (Regulation 2023/2854, Chapter VI): notice period at most 2 months; transitional period of 30 days during which the service continues; exportable data: boards, materials, lesson diary, schedule, students and payers, billing records, transcripts and consent records, in open formats (JSON, CSV, PDF, PNG) CHECK: list complete; retrieval period of at least 30 days after the end of the transitional period, after which data is erased. Switching is free of charge. Our infrastructure is located in the EU (France). CHECK: Art. 28 publication duties and Art. 32 safeguards against non-EU government access

8. Termination

You may close your account at any time (see also 7b). We may suspend or close accounts for serious or repeated breaches of these Terms, non-payment, or where required by law (including sanctions law, section 1c). If we remove content or restrict an account, we give a statement of reasons and explain how to ask for a review, except where the law allows otherwise (DSA Art. 17). After closure you can export your data for 30 days; then it is deleted. If sanctions law prohibits us from continuing access, the export period applies only so far as the law allows.

9. Liability

[Business] Our total liability is limited to the greater of the fees you paid in the 12 months before the claim or EUR_MIN_CAP. We are not liable for indirect or consequential losses, lost profits or lost data that could have been avoided by using the export function. These limits do not apply to liability for intent, gross negligence, death or personal injury, breach of essential contractual obligations (to the foreseeable, typical damage), or any other liability that cannot be limited by law.

[Consumers] We are liable under the mandatory law of your country of residence. Nothing in these Terms affects your statutory rights, including the legal guarantee of conformity for digital services.

10. Law and disputes

[Business] These Terms are governed by GOVERNING_LAW; courts of JURISDICTION have jurisdiction. [Consumers] You also keep the protection of the mandatory law and the courts of your country of residence. EU/EEA consumers keep any mandatory right to use a national consumer dispute resolution (ADR) body; we will name it here if we are obliged or commit to use one. CHECK

11. Contact

CONTACT_EMAIL · PHONE · OPERATOR_ADDRESS. Our representative in the EU (GDPR Art. 27 and DSA Art. 13): EU_REPRESENTATIVE, EU_REPRESENTATIVE_ADDRESS, EU_REPRESENTATIVE_EMAIL, EU_REPRESENTATIVE_PHONE — the operator's Polish sp. z o.o., mandated in writing, unpaid. It may be addressed in addition to us. The service is provided by SPÓŁKA GŁÓWNA, not by the representative. Quebec users: the French version of these Terms is offered first (Charter of the French Language). CHECK Single point of contact for authorities and users under the DSA: see DSA Notice.