Terms of Service

TutorClover is a cloud-based Software-as-a-Service (SaaS) platform for the digital management of tutoring schools and educational institutions. It is provided via a web browser and requires no local installation. The essential core services of the Platform include in particular:

• ›Student and guardian management (contact details, notes, attendance)
• ›Teacher management (profile, subjects, hourly rate, working hours)
• ›Scheduling and documentation of lessons and timetables
• ›Room management and locations
• ›Subscription and billing management for student packages
• ›Audit log and administrative action logging
• ›Access management with roles for Administrators and Teachers

The AI-powered assistant is an additional feature of the Service, where activated in the subscribed plan. It is subject to the special provisions of § 20 of these Terms.

The Provider is entitled to continuously develop, improve, and adapt the features of the Service. Changes to essential core services that adversely affect the Customer will be announced by e-mail with at least 30 days' notice.

Essential core features pursuant to § 2.1 may not be discontinued without justification. Justified reasons include technical necessity, legal requirements, security concerns, or the discontinuation of components that are no longer economically viable.

If changes materially and adversely affect the core service, the Customer has the right to extraordinary termination effective at the date of the change. This right must be exercised in writing within the notice period.

Registration is completed by providing an e-mail address and a password, or alternatively via Google OAuth (Sign-in with Google). One Administrator account is created per company or organisation.

Upon completion of registration and acceptance of these Terms, a usage agreement is formed between the Customer and the Provider. The agreement is initially a trial agreement pursuant to § 12 and becomes a paid subscription agreement once a paid plan is activated.

The Customer is obliged to provide truthful, complete, and current information during registration, in particular the organisation name and e-mail address. Any changes must be updated immediately in the account settings or communicated to the Provider.

The Customer is responsible for the confidentiality of their login credentials and must take appropriate measures to prevent unauthorised access, in particular by using secure passwords and up-to-date devices and browsers.

Login credentials must not be shared with unauthorised third parties. In the event of suspected unauthorised access or compromise of credentials, the Provider must be notified immediately. The Customer must cooperate reasonably in the investigation of any security incidents.

The Customer designates at least one Administrator who is responsible for the proper management of the account, the control of user access, and compliance with these Terms by all Users assigned to the account. The Customer is liable for the conduct of its Users within the scope of contractually permitted use.

The Customer account is non-transferable. Any transfer of access rights to third parties requires the prior written consent of the Provider.

The person who creates an organisation account automatically receives the "Administrator" role. Administrators have full access to all functions of the Platform for their organisation, in particular the management of teachers, students, lessons, billing, subscriptions, and legal settings.

Teachers are invited by the Administrator. They have limited access to functions relevant to their activity, in particular timetables and assigned students. Teachers have no access to billing, subscription, or administrative functions.

The Provider maintains an internal provider administration access for operational purposes. This access is used exclusively on a case-by-case basis and only to the extent necessary for the specific purpose, in particular for:

• ›Support and error analysis, where the Customer cooperates or requests it
• ›Technical billing corrections and trial period extensions
• ›Granting additional complimentary teacher slots (goodwill, partnerships)
• ›Security measures, abuse prevention, and regulatory orders
• ›Suspension or archiving of accounts in cases of rule violations

All access through the internal provider administration access is logged. No unprompted or beyond-the-stated-purpose access to customer data takes place. Details are set out in the DPA.

The Provider grants the Customer a simple, non-exclusive, non-transferable, and non-sublicensable right to use the Platform for the duration of the agreement, exclusively for the Customer's own internal business purposes within the scope of these Terms.

The Customer is in particular not entitled to:

• ›Sublease, transfer, or commercialise the Platform or parts thereof to third parties under a white-label or resale model without express written agreement
• ›Decompile, reverse-engineer, or replicate any software, algorithms, database structures, or other technical components of the Service, except where mandatorily permitted by law
• ›Request the source code of the Service
• ›Use the Provider's trademarks, logos, or other marks without prior written consent

All rights in the Platform, including software, source code, database structures, documentation, design, trademarks, and other intellectual property rights, remain with the Provider or its licensors. No rights beyond those in § 8.1 are granted to the Customer through use of the Platform.

All data entered or processed by the Customer in the Platform ("Customer Data") remains the Customer's property. The Provider processes this data exclusively as a data processor pursuant to the DPA and these Terms.

Billing is based on the selected plan as a monthly flat rate. The Provider currently offers three plans:

• ›Solo – for solo tutors (1 teacher slot)
• ›Team – for small organisations (up to 5 teacher slots)
• ›Unlimited – for larger organisations (unlimited teacher slots)

Current prices are available on the Provider's pricing page (tutorclover.com/pricing) and are displayed during the checkout process before contract conclusion. The price displayed at the time of subscription is binding.

Plan changes are possible at any time (§ 11).

For each subscription, the seller is shown in the checkout before payment and appears on the invoice. The Provider invoices directly only where it has enabled direct invoicing for the country of the billing address; at present this is possible only for billing addresses in Germany. In that case the Provider is the seller and invoice issuer; as a small business it does not charge VAT under Section 19 of the German VAT Act (UStG) and the invoice states this. In all other cases – including a billing address in Germany while direct invoicing is not enabled – Stripe (Link; invoices read "Sold through Link, LLC") is the seller of record, issues the invoice and calculates, collects and remits any applicable sales tax, VAT or GST based on the Customer's location. Existing subscriptions concluded through Stripe/Link remain with Stripe/Link as seller until they end; a change happens only through a new subscription with the Customer's consent. In both cases Stripe processes the payment. The prices displayed at checkout and binding under § 10.1 are final prices; any applicable taxes are already included and do not increase the displayed plan price. Where Stripe is the seller, the tax portion may be shown separately on receipts and invoices.

Invoices are provided to the Customer in electronic form (PDF) via the Platform or by e-mail to the registered Administrator address. Paper invoices are not issued unless expressly agreed.

If a payment fails (e.g. due to insufficient funds, expired payment details, or technical errors), the Customer must update valid payment information immediately. The Provider is entitled to retry the charge.

In the event of an unjustified chargeback, the Customer is obliged to reimburse the Provider for any resulting damages, including processing fees charged by the payment service provider, to the extent attributable to the Customer.

The Provider reserves the right to adjust prices for objective reasons, in particular due to increased infrastructure or licensing costs, changed market conditions, or significant expansions of the feature set. Notice will be given with at least 30 days' notice by e-mail to the registered Administrator.

Price adjustments do not apply retroactively and take effect from the next full billing period after the notice period expires.

In the event of a price increase, the Customer has the right to extraordinary termination effective at the date the increase takes effect. This right must be exercised in writing within the notice period.

The Provider may issue promotional codes that can be redeemed at checkout. Promotional codes are time-limited, personal or organisation-specific, non-transferable, and may not be combined with other discounts unless otherwise stated. There is no legal entitlement to the issuance or extension of promotional codes.

The Provider currently offers three subscription plans: Solo, Team, and Unlimited. Each plan defines the included feature set and the maximum number of active teachers permitted. Current plan details are available in the published pricing information on the Provider's website.

The Provider may at its sole discretion grant temporary extensions of the feature set or teacher capacity, e.g. within the context of partnerships, goodwill, or support measures. Such extensions do not create any legal entitlement to permanent provision and may be revoked by the Provider with reasonable notice.

The Customer may upgrade to a higher plan at any time via account settings. The change takes effect immediately upon confirmation. Outside of a free trial period, the prorated additional amount and the new monthly total are displayed to the Customer before the change is finalised and are charged by the payment processor according to its proration logic. During an active trial period, no immediate charges are made; the new plan takes paid effect after the trial expires.

A downgrade takes effect at the start of the next billing period. If the number of active teachers at the time of the downgrade taking effect exceeds the capacity of the target plan, the excess teacher accounts are automatically deactivated (suspended). Deactivated teacher accounts are not deleted; access is restored if the Customer subsequently upgrades to a plan with sufficient capacity or reduces the number of active teachers. The Customer is responsible for adjusting the number of active teachers before or after the downgrade.

The Customer may cancel their subscription at any time via account settings (Settings › Membership), effective at the end of the current billing period. No prorated refund of amounts already paid is made, unless required by mandatory law.

After a valid cancellation, access remains active until the end of the paid billing period. Thereafter the offboarding process pursuant to § 16 begins.

The Provider may terminate the agreement with immediate effect for good cause, in particular where:

• ›The Customer breaches these Terms or applicable law,
• ›The Customer provided false information during registration,
• ›The Customer repeatedly fails to meet payment obligations despite reminder, or
• ›The Customer uses the Platform for prohibited purposes pursuant to § 18.

No statutory right of withdrawal exists, as the Service is directed exclusively at Entrepreneurs. Contracts with consumers are not concluded.

The Customer may independently download their Customer Data at any time via the export functions available in the Platform (self-service export). There is no entitlement to additional data migration or export support by the Provider, unless separately agreed and compensated.

After termination of the agreement (by cancellation, expiry, or otherwise), the following lifecycle applies:

• ›End of paid billing period: Full access until the last paid day.
• ›Suspension phase (max. 30 days): Account is deactivated; read access or self-service export may be granted on request.
• ›Deletion phase: After the suspension phase, Customer Data is deleted or anonymised pursuant to § 17.
• ›Backup expiry: Data in backups is overwritten within the regular backup cycles (max. 30 days).

Billing and invoice data is subject to statutory retention obligations (up to 10 years) and is retained for this period even after deletion of the Customer account. It is not used productively and is stored solely for evidential purposes.

The Provider may temporarily suspend a Customer account in the event of breaches of these Terms, reasonable suspicion of abusive use, or by order of competent authorities. In the event of a suspension, the Customer is notified by e-mail, unless legal or security reasons prevent this.

An archived account is no longer accessible to the Customer. Associated Customer Data is retained for a period of up to 30 days after archiving, unless statutory retention obligations require otherwise. After this period, the data is deleted or anonymised.

The Customer may initiate account deletion in the account settings. Permanent deletion of the organisation account is only possible after any active subscription has ended and the paid billing period has expired. If an active subscription exists at the time of the deletion request, final deletion is deferred until the end of the current billing period; the subscription is treated as cancelled at the end of that billing period. Upon account deletion the following additionally applies:

• ›All organisation data is deleted or anonymised after the suspension phase pursuant to § 16.2.
• ›The Administrator account and all linked user accounts are deactivated.
• ›Statutory retention obligations (in particular billing data pursuant to § 16.3) remain unaffected.

Recovery of productive data after deletion is generally not possible.

The Customer acknowledges that the Platform is designed to manage data relating to students, who may include minors. The Customer, as data controller, is solely responsible for ensuring that the collection, processing, and storage of student personal data complies with all applicable laws, including those protecting minors (e.g. GDPR, applicable national school privacy regulations, or equivalent laws in the Customer's jurisdiction).

Where the applicable law requires parental or guardian consent for the processing of a minor's personal data, the Customer is responsible for obtaining and documenting such consent before entering the minor's data into the Platform. The Provider does not independently verify the age of individuals whose data is entered by the Customer.

The Customer must not enter identifiable personal data of students — in particular of minors — into the AI-powered assistant (§ 20) unless a valid legal basis and appropriate data processing safeguards are in place. Pseudonymised or anonymised data should be used wherever possible when engaging AI features.

Student data stored in the Platform may not be used by the Customer for direct marketing, profiling, or other purposes unrelated to the educational management services for which the data was collected. The Provider does not use student data for advertising or commercial profiling.

The AI-powered assistant is an optional additional feature of the Platform, only available where included in or unlocked by the subscribed plan. There is no separate entitlement to the provision or permanent availability of the AI assistant.

AI-generated outputs are based on statistical language models and may be inaccurate, incomplete, outdated, or unsuitable for the specific use case. The Provider provides no warranty for the accuracy, currency, or legal suitability of AI outputs. AI outputs are generated automatically and do not represent the opinion or advice of the Provider.

The Customer is obliged to independently review all AI-generated results before use. The AI is in particular not a substitute for legal, tax, HR, educational, or other professional advice. The Provider is not liable for damages arising from uncritical reliance on AI outputs, except to the extent this conflicts with the liability limitations of § 23.

To provide the AI assistant, the Provider may engage external AI service providers (e.g. OpenAI or equivalent providers). These providers are engaged as data processors under appropriate contractual safeguards. Details are set out in the Privacy Policy and the DPA. The Provider will notify Customers of any material changes to AI sub-processors in accordance with § 28.

The Customer is not permitted to use the AI assistant to:

• ›Enter special categories of personal data under Art. 9 GDPR or equivalent sensitive data categories under applicable law (e.g. health data, biometric data) unless an appropriate legal basis and DPA with the AI provider exist,
• ›Enter identifiable personal data of minors without appropriate safeguards (see § 19a.3),
• ›Generate or enter criminally relevant, discriminatory, or otherwise unlawful content, or
• ›Circumvent system limits or make security-relevant requests (jailbreaking).

Where required by applicable law (including the EU AI Act or equivalent regulations), the Provider will make available information about the AI systems used, including their intended purpose, known limitations, and the degree of human oversight applied. Customers are encouraged to inform their end users (teachers, guardians) about AI-generated content where relevant.

The Provider aims for high availability of the Platform. However, no contractually guaranteed minimum availability is owed unless expressly agreed individually. Temporary restrictions due to technical, security-related, or operational reasons are possible and do not entitle the Customer to reduce payment or terminate, provided they remain reasonable in time and scope.

Planned maintenance, updates, and security measures will, where possible and reasonable, be announced at least 24 hours in advance and carried out outside normal business hours (Monday–Friday, 09:00–18:00 CET). Short, technically unavoidable interruptions are reserved.

Unplanned outages, in particular due to technical failures, force majeure, or third-party provider failures (§ 21), cannot be entirely excluded. The Provider will endeavour to resolve such outages as quickly as possible. Liability for unplanned outages is governed by § 23.

The Provider is liable without limitation for intent and gross negligence, and for damages resulting from injury to life, body, or health.

In cases of ordinary negligence, the Provider is only liable for breach of an essential contractual obligation (cardinal obligation), the fulfilment of which is necessary for the proper performance of the contract and on which the Customer may regularly rely. In such cases, liability is limited in amount to typical, foreseeable damage at the time of contract conclusion.

To the extent permitted by law, indirect damages, consequential damages, and lost profits are excluded from liability, unless caused by intent or gross negligence.

The Provider's liability for data loss is limited to the effort that would have been required to restore the data if the Customer had maintained proper backups. This limitation does not apply where the data loss was caused by the Provider's intent or gross negligence.

Liability under mandatory statutory provisions, in particular the Product Liability Act and the GDPR, remains unaffected.

Statutory warranty provisions apply, subject to the Provider being entitled to remedy defects in the Service as a first step.

The Customer must notify defects immediately in writing, including: a description of the defect, the time and frequency of occurrence, affected features, and reproduction steps where possible. The Customer must cooperate reasonably in defect analysis.

No defect exists where the malfunction is attributable to misuse by the Customer, incompatible system environments, third-party network failures, or the use of beta features pursuant to § 13. Temporary workarounds will be provided by the Provider where possible, without prejudice to the obligation to provide a permanent fix.