Terms of Service
Teachero App
Date January 1, 2022
Welcome to Teachero
Introduction
Thank you for using the Teachero platform and the products, services, and features we make available to you as part of the platform (collectively, the “Service”).
Our Service
The Service provides a technology platform for parents/guardians and kids to arrange for private coaching, tutoring, and fine arts instruction through a community-based mentorship style program.
Your Service Provider
The entity providing the Service is Cloud Learning Solutions, Inc, a company operating under the laws of Delaware, located at 279 Miller Avenue, Mill Valley, CA 94941 (referred to as “Cloud Learning Solutions Inc, “, “Teachero”, “we”, “us”, or “our”).
Applicable Terms
Your use of the Service is subject to these terms which may be updated from time to time. Your Agreement with us begins when you sign up on the Teachero App. Use of our Services indicates your agreement with these Terms (this "Agreement").
These Terms of Service (“Terms”) contain the terms and conditions between Teachero, and You, whether You are a "Parent or Guardian,” a “Mentor” or a “Prep” (as defined in section 2 below) and/or any other user of our Service, (collectively “Users”) and governs the use of Teachero Services.
Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
Once registration is complete the Parent or Guardian and child will each become a “Member” of Teachero for the term of Your registration. This Agreement, together with the terms of Your Agreement, will govern Your relationship with us and Your use of Teachero.
Changes to Terms
These Terms are subject to change by Cloud Learning Solutions Inc. at any time. We will notify you about significant changes in these Terms by sending a notice to the email address registered in your account so that you can choose whether to continue using our Services. Any use of the Services by you after the effective date of any changes will constitute your acceptance of such changes.
Cloud Learning Solutions, Inc. Privacy Policy is hereby incorporated by reference.
Mentors and Preps
Teachero Mentors are high school students ages 15-18 and Teachero Preps are elementary and middle school students ages 5-14.
With Parental/Guardian oversight, Parents/Guardians, Mentors and Preps may use the Teachero App communication platform to arrange coaching, tutoring, and fine arts instruction for Preps.
The Teachero App provides a place for Teachero Mentors to list their skills and experiences, and for Parents/Guardians of Preps to review high school coaches, tutors, and fine arts instructors for a potential match.
Once a match is made, the Teachero Mentor and Prep can have an in-person or virtual sports skills, tutoring, or fine arts session in a public place or at one of the Parents or Guardians residence. At the end of each session, the Mentor and Prep are asked to spend around 5 minutes discussing one of the Tearchero Mentorship Doctrine statements.
Cloud Learning Solutions does not take part in the interaction between Parents/Preps and Parents/Mentors, except to provide this communication platform and to collect and distribute payments on the behalf of Members who seek to be matched through the Teachero App.
Mentor Relationship
Mentors are employed by Cloud Learning Solutions Inc in order to share the Teachero Mentorship Program with the younger Prep during a coaching, tutoring, or fine arts session. The Mentor must follow the Cloud Learning Solutions, Inc. Teachero Handbook.
Users and Members represent, understand and expressly agree that Teachero ultimately does not have control over the quality, timing, legality, characteristics or any other aspect whatsoever of the coaching, tutoring, and fine arts instruction services actually delivered by any Mentor, nor of the integrity, responsibility or any of the actions whatsoever of the Prep or the Parents/Guardians of Mentors or Preps.Teachero makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Mentor, whether in public, private or offline interactions, or arranged through our Services.
User and Member accounts are personal to you and you agree not to create more than one account. You must not use or exploit the Teachero App site and/or coaching, tutoring or fine arts instruction for commercial purposes.
We continually update and test various aspects of the Teachero platform. We reserve the right to, and by using the Site and/or Classes you agree that we may, include you in or exclude you from these tests without notice. You understand and agree that Cloud Learning Solutions, Inc. may take actions we deem reasonably necessary to prevent fraud and abuse.
You agree the information you provide to Teachero at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. When you sign up, you will be asked to create a password. You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users. To use the Teachero App you must have access to the Internet and may be required to download the Teachero App mobile application to use all of the Teachero App features. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Teachero App.
Providing or Accepting Coaching Services Not Arranged Through Teachero
Parent, Guardians, and their children agree and acknowledge that in cases where the parties have initially been introduced through the Teachero App it is an express violation of these Terms for either party to offer or accept the provision of coaching, tutoring, and fine arts instruction services between the parties without arranging such services through the Teachero App. Verification of such an arrangement may result in the immediate termination of the applicable Members’ accounts.
Eligibility
Teachero App Services are available only to individuals that can form legally binding contracts under applicable law. Our Services are available to Parents and Guardians of children who wish to be Teachero Mentors and Preps. Without limiting the foregoing, our Services are only available to minors or anyone under the age of eighteen (18) with Parental or Guardian Consent and Parental Attestation. Our Services are currently available only to United States citizens and/or any individuals who are legally in the jurisdiction of the United States and, with respect to Mentors, those that may legally work within the United States. By registering as a Member and/or by using our Services, you represent and warrant that you are of legal age as described above, and that You have the right, authority and capacity to enter into this Agreement and that you commit to abide by all of the terms and conditions of this Agreement (including any posted changes to these terms and conditions). As a Parent or Guardian using the Services to arrange coaching, tutoring, or fine arts instruction for Preps, or to allow your older child to be a Teachero Mentor, you represent and warrant that you are the parent or legal guardian of each Prep or Mentor, or that you have the permission of the parent or legal guardian of all Preps and Mentors who will participate in any coaching, tutoring, or fine arts instruction arranged through Teachero..
Teachero Mentors must be high school sophomores, juniors, or seniors and maintain an average GPA above 3.0. Mentors must be college bound high school students.
You, as the Parent or Guardian, or your Mentor child, represent and warrant that you or your Mentor child (a) have never been the subject of a complaint, restraining order or any other legal action involving criminal activity or alleged criminal activity, and you have not been arrested for, charged with, or convicted of any felony, or any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have not been and are not currently required to register as a sex offender with any government entity. Persons who have been involved with activities described in “(a)” or “(b)” above are NOT eligible to participate in our Services or to be or become Teachero Mentors or Preps.
Release
Parents or Legal Guardians may seek the services of a Teachero Mentor through the use of the Teachero App Services. In the event that a Parent or Guardian and a Mentor agree on the provision of coaching, tutoring, or fine arts instruction such agreement is solely between the Parent or Guardian of the Mentor and the Parent or Guardian of the Prep, except as otherwise described in this Agreement. Teachero is not a party to any agreement between Parents or Guardians of Preps and Parents or Guardians of Mentors regarding coaching, tutoring, and fine arts instruction. Any concerns regarding coaching, tutoring, or fine arts instruction by the Prep or Mentor (except to the extent that such issue relates to the Services must be resolved directly by the Parent of the Prep and the Parent of the Mentor.
TEACHERO WILL NOT BE HELD RESPONSIBLE AND EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, DEMANDS OR DAMAGES, DIRECT OR INDIRECT, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SERVICES, INCLUDING PAYMENT FOR COACHING/TUTORING/FINE ARTS INSTRUCTION SERVICES PROVIDED BY A MENTOR EVEN IF SUCH SERVICES ARE THE RESULT OF PREP AND MENTOR MEETING THROUGH OUR SERVICES. BY USING OUR SERVICES, USERS REPRESENT, UNDERSTAND, AND EXPRESSLY AGREE TO HOLD TEACHERO HARMLESS FOR ANY CLAIM, CONTROVERSY OR DAMAGES THAT MAY ARISE FROM ANY DISPUTE BETWEEN YOU AND ANY OTHER USER(S) OF THE WEBSITE OR APP INCLUDING WITH ANY OTHER MEMBER, MENTOR, PREP, PARENT OR GUARDIAN.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, ALL PARENTS OR GUARDIANS AND MENTORS LISTED AND PROVIDED THROUGH THIS SERVICE EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER ARISING OUT OF, (FOR THEMSELVES AND ON BEHALF OF PREPS, AS APPLICABLE) HEREBY EXPRESSLY RELEASE AND WAIVE ALL CLAIMS DEMANDS OR DAMAGES, DIRECT OR INDIRECT, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED THAT PARENT OR PREP MAY HAVE AGAINST ANY PARENT OR MENTOR ARISING OUT OF OR IN ANY WAY CONNECTED WITH SERVICES PROVIDED BY ANY OTHER MEMBER, INCLUDING ANY MENTOR, INCLUDING SUCH CLAIMS RELATED TO PAYMENT FOR COACHING/TUTORING/FINE ARTS SERVICES PROVIDED BY A MENTOR, OR ANY HARM, DAMAGE OR INJURY CAUSED BY SERVICES PROVIDED BY ANY MENTOR CONTRACTED THROUGH TEACHERO, EVEN IF SUCH SERVICES ARE THE RESULT OF MENTOR’S NEGLIGENCE, INCOMPETENCE, INTENTIONAL MALFEASANCE, OR OMISSION. BY USING OUR SERVICES, USERS REPRESENT, UNDERSTAND, AND EXPRESSLY AGREE TO HOLD ANY MENTOR, OR PARENT OR GUARDIAN OF MENTOR, HARMLESS FOR ANY CLAIM, CONTROVERSY OR DAMAGES THAT MAY ARISE FROM ANY DISPUTE BETWEEN YOU AND ANY OTHER MEMBER, MENTOR OR PREP.
Prohibited Use
Teachero Services may not be used by any person or organization to recruit, solicit, or contact Parents or Guardians, Mentors, or Preps for employment or contracting for a business not affiliated with Teachero without the express prior written permission of Cloud Learning Solutions, Inc.
Termination
Notwithstanding anything to the contrary in this Agreement, Cloud Learning Solutions, Inc may terminate any Membership, or block access to Teachero App. Services, for any reason or no reason whatsoever, with or without notice, at any time. In case of termination of User from the Teachero App by Cloud Learning Solutions, Inc a refund for prepaid Services will be provided only in cases where such termination was not in connection with a Member’s violation of this Agreement.
Payment Policy
Parents or Legal Guardians of Preps are obligated to pay for the Services provided through Teachero unless specifically notified otherwise. Parents or Guardians of Teachero Preps that sign up for Teachero Services agree to pay Teachero through the Teachero App all charges at the prices then in effect for any use of the Services. Cloud Learning Solutions, Inc. is obligated to pay Teachero Mentors for providing sports, tutoring, or fine arts instruction to the Teachero Prep at a session rate determined by Cloud Learning Solutions’ Board of Directors.
Teachero reserves the right to correct any errors or mistakes that it makes, even if it has already requested or received payment.
In order to receive a sports, tutoring or fine arts session from a Teachero Mentor for a younger Prep, the Parent of the Prep will purchase credits on the Teachero App to be used solely to book instructional sessions with a Teachero Mentor. The cost of 1 credit will be determined by the Cloud Learning Solutions, Inc. Board of Directors. One (1) Credit can purchase 1 session with a Teachero Mentor. One session will last 50 minutes of coaching, tutoring, or fine arts instruction along with a discussion on 1 item in the Teachero Mentorship Doctrine.
After the Session, the Teachero Mentor will complete an evaluation of the session for the Teachero Prep.
Teachero App Credits expire 365 days after purchase. There will be no refund or payment for any unused amount. Credits have no cash value or any other value outside of the Teachero App platform and are not redeemable for cash. For the avoidance of doubt, the credits do not operate or serve as stored value facilities in any way. The User may not transfer, trade, gift or otherwise exchange Teachero App credits. If you have any questions about how to use your credits, please contact us and we can help you.
You may edit your Payment Method information by logging onto the Teachero App and changing it in your profile settings. If a payment is not successfully settled due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to the Teachero App.
You are responsible for paying applicable fees if you do not cancel a Teachero coaching, tutoring, or fine arts session you had reserved with appropriate notice or do not attend your scheduled session.
Cancelation Policy
As a Teachero App User, you must reserve and cancel your coaching, tutoring, and fine arts instruction through the Teachero App. Cancellation Policy is hereby incorporated by reference. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees (such as a sign-up fee) and to change the amount of any such fees at any time. It is a breach of these Terms if you reserve or cancel directly with, including through any online or mobile account you have with a Teachero Mentor or Prep, independent of the Teachero App. If you reserve or cancel directly with a Teachero Mentor outside of the Teachero App, we reserve the right to charge you the full amount that the coaching, tutoring, and fine arts instruction charges for such class and/or any applicable cancellation fees, and/or to suspend or terminate your subscription.
(If you need to cancel a previously scheduled appointment, You must do so twenty four (24) hours prior to the scheduled coaching, tutoring, or fine arts instruction so that the Teachero Mentor may have the opportunity to fill that time slot with another Teachero Prep.)
Assumption of Risk
Parents or Legal Guardians of Teachero Mentors and Preps assume all risk when engaging the services of any other User or Member (including any Mentors) and in connection with using the Services, including but not limited to all of the risks associated with any interactions with Members and any risks associated with obtaining coaching, tutoring, or fine arts instruction from any Mentor or providing any coaching, tutoring, or fine arts instruction to any Preps of Parents, including all risks of physical or emotional injury or harm resulting in any way or arising out of coaching, tutoring, or fine arts instruction services. You agree to take all necessary precautions, including but not limited to any recommendations set forth by Teachero when interacting with other Parents, Guardians, Mentors or Preps.
Responsible Parties
If You are a Parent or Legal Guardian of a Mentor or Prep, you must attest to the Teachero Parental Attestation. It is your responsibility to provide parental oversight, as you determine necessary, to ensure the safety of your child Prep or child Mentor, during all communication and interaction between the Mentor and the Prep, or their Parents or Legal Guardians. It is Your responsibility to provide for your child Mentor or Prep, the equipment necessary for training purposes and agree to encourage your child Mentor or child Prep to wear any Teachero clothing or gear issued to your Mentor or Prep for coaching, tutoring, or fine arts sessions. As a Parent or Guardian of a Teachero Mentor or Prep, You are required to ensure your child Mentor or Prep shows up to a coaching, tutoring, or fine arts instruction session (5) minutes prior to the start time and be ready to engage in a 50 minute training session with the Teachero Mentor. During coaching, tutoring, or fine arts instruction sessions you, the Parent or Guardian are required to observe (at a minimum) the first three Teachero sessions from the sideline in order to gain confidence around the safety of the Prep and Mentor experience, along with the ability to achieve a positive outcome. You, the Parent or Guardian will not communicate with the Mentor or Prep and abstain from using profanity and other types of inappropriate language.
Parents or Guardians of Preps are required to provide phone identity verification at Prep sign up.
Parents or Guardians of Mentors and Preps are required to exchange email addresses and cell phone numbers in order to communicate and discuss any and all concerns related to inappropriate Teachero Mentor and Prep interactions.
If a Parent or Guardian feels that the inappropriateness of a Parent or Guardian or Mentor interaction with a Teachero Prep is significant enough to warrant termination from the Teachero App communication platform, the parent must contact Cloud Learning Solutions Inc in writing through the teachero.app email available on the Teachero website and describe the reasons behind the complaint.
Mentors are required to discuss one Teachero Mentorship Doctrine subject with Preps at the beginning, middle, or the end of each coaching, tutoring, and fine arts instruction with a Prep.
Mentors are required to complete a coaching, tutoring, or fine arts instruction Prep evaluation form within 48 hours after the session ended in order to receive payment from Cloud Learning Solutions, Inc.
Communication
By providing your information or creating a Teachero App account, you agree that Cloud Learning Solutions, Inc. may contact you by email, direct mail, telephone or text messages at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with a Teachero App account, including for marketing purposes. You may opt-out of marketing emails via the provided unsubscribe link or otherwise opt-out by contracting us at any time.
Limitation of Liability
In no event will Teachero be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Services provided in the Teachero App or by any Member or other User of these Services, including without limitation damages related to any services provided. UNDER NO CIRCUMSTANCES WILL TEACHERO’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID TEACHERO FOR THE USE OF ANY SERVICES, THE AMOUNT OF U.S. $25.00 OR ITS EQUIVALENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TEACHERO BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THESE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS WITH OTHER MEMBERS, INCLUDING ANY COACHES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
Miscellaneous
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.