Terms and Conditions

Learn more about our terms and conditions and how we protect your data.

Welcome to TutorCreates, managed by Jupiter Castle Unipessoal LDA ("we," "us," or "our"). By accessing and using the TutorCreates (hereinafter referred to as the "Service"), you agree to be bound by the following Terms and Conditions herein. Violation of any terms below may result in the termination of your account, without refund.

We reserve the right to revise, modify or replace these Terms and Conditions (hereinafter referred to as the "Contract"), or change, suspend, or discontinue the Service in our sole discretion. If we make any material changes, we will update this Contract with the new information and/or send a message to the email associated with your account. You are responsible to periodically check this Contract for changes, and review any updates to the Contract, and acknowledge your acceptance of the changes.

Definitions

Throughout this Contract, the terms "you" and "customer" refer to any individual, business, or entity accessing or using the Service.

1. Introduction and Acceptance

1.1. By accessing and using the Service, you acknowledge that you have read, understood, and agree to comply with this Contract. If you do not agree with any part of this Contract, you must not use the Service.

1.2. Customers must be at least 18 years old to use our Service. Any accounts found to be used by underage individuals, including all associated content, are subject to immediate termination at our sole discretion.

2. Additional terms that apply to you

The subsequent guidelines and conditions also apply when you access and/or utilize the Service:

2.1. Privacy Policy. We are devoted to safeguarding your personal information and adhering to, including but not restricted to: the General Data Protection Regulation (GDPR), European Union's Data Protection Directive (95/46/EC), ePrivacy Directive (2002/58/EC), and will solely employ it for the intentions delineated in our Privacy Policy. Kindly note that your information might be conveyed, handled, and retained beyond your nation's borders, and/or your information may be exposed as mandated by applicable legislation. By using the Service, you consent to the aggregation, retention, and handling of your personal information following our Privacy Policy . Furthermore, you acknowledge that you have been informed about the aims for which your personal information will be utilized, the categories of personal information that we will gather, and the privileges you possess concerning your personal information.

2.2. Google Terms of Service. If you login using your Google account you agree to comply with Google Terms of Service and any associated service terms. Your Google account information will be used solely for authentication purposes and in accordance with our Privacy Policy.

3. Subject of the Contract

3.1. The subject of this Contract is the provision of the software as a service.

3.2. The Software is exclusively accessible via the internet, and its functionality is contingent upon a reliable internet connection.

4. Customers Rights and Responsibilities

4.1. Under this Contract, you commit to using the Service solely for legitimate purposes and in accordance with this Contract and all applicable laws and regulations. Additionally, you agree not to:

Utilize the Service to produce evaluations that are fabricated, deceptive, or libelous.

Utilize the Service to harass, intimidate, or bully others.

Utilize the Service to perpetrate illicit activities.

4.2. You are exclusively accountable for upholding the confidentiality of your account credentials (email and one-time generated code sent to your email and valid for short time only) and for any activities conducted under your account.

4.3. It is imperative that you refrain from engaging in any behaviors that might disrupt, impede, or obstruct the functionality of the Service.

4.4. Additionally, you must be a human to create an account and utilize our Service; the creation of accounts via "bots" or other automated means is strictly prohibited.

4.5. Creation of multiple accounts for a single customer is also prohibited.

4.6. You consent to the individual use of your account credentials. Sharing a singular account between multiple individuals is rigorously prohibited. Each customer must possess their own distinct account credentials to access the Service.

5. Contract Duration

5.1. The Contract remains in effect indefinitely and commences upon the activation of the account.

5.2. Either party has the right to terminate the Contract, and the customer can opt to cancel the Service by deleting account directly through the “Settings” option.

5.3. Should the customer delete the account, the access option will be automatically cancelled, the customer agrees that by deletion of his account he forfeits any entitlement to refunds and/or assessments for previously paid and/or billed amounts. Any data associated with the account will be permanently deleted.

5.4. We retain the authority to terminate or suspend your access to the Service at any time, without prior notice or liability, for any reason, including if you violate this Contract.

6. Terms of Payment

6.1. All payment transactions will be handled via Stripe and may incur extra fees or charges.

6.2. We provide a paid Service wherein you can enroll in 1 (one)-day, 30(thirty)-days and/or 90(ninety)-days one-time payment, access options (hereinafter referred to as "Access"), payable in Euro or in USD (the price will be respectively adjusted to correspond the price in EUR). Access benefits terminate in the end of the purchased Access if not renewed. See example in clause 6.3 of the Contract.

6.3. For the purpose of an example: if you bought your 1-day access on May 5, 2024, at 13:00, generated 10 assessments out of 20, and the same day bought 30-day access with 350 assessments, you will have 360 assessments to use until May 6, 2024, 13:00. At 13:00 of the same day any unused assessment from the 1 (one)-day access will expire, and you will have 350 assessments to use until June 5, 2024, 13:00. If you have used all assessments before the end of the purchased access, you can buy any additional access and enjoy the amount of assessment to generate as per the chosen access. However, your access to the service will be extended. For example, if 350 assessments were used in 15 days out of 30, by buying additional 30 days access, you will have immediately 350 assessments extra to generate and 45 days of access to the Service as per the clause 6.9 of the Contract.

6.4. Payment for all fees associated with the chosen Access is due on the day the Contract starts and covers the entirety of the one-time payment period.

6.5. Taxes and/or duties associated with your Access are not included. You are solely responsible for paying all taxes and duties linked to your purchase, and we may invoice you accordingly. You also agree to furnish us with documentation verifying the payment or any other evidence we may reasonably request.

6.6. Customer activation occurs promptly upon payment of the selected Access.

6.7. By purchacing an Access, you acknowledge instant access to digital content, thereby forfeiting the standard 14-day withdrawal period. Hence, you explicitly waive your right to withdraw from this purchase, additionally you forfeit any entitlement to refunds and/or assessments for previously paid and/or billed amounts.

6.8. Under any Access offered by the Service, unused assessments are not subject to any refund and will expire at the end of the purchased Access. Customers are granted the capacity to generate assessments up to the amount of their purchased assessments specified in the Access. An assessment is considered generated when it becomes available for the customer to view.

6.9. Once the duration of Access expires, the customer will lose access to the benefits (create, edit, delete assessments), the previously generated assessments within the Service will be available for the next six months and can be exported, unless otherwise provided by the Contract or occurence of any circumstances beyond our control.

6.10. We retain the right to adjust our prices at any time. Updated prices will be visible in the website.

6.11. The customer shall not offset claims against us unless such claims have been legally validated by a court.

7. Intellectual Property

7.1. All materials and content provided through the Service, such as text, graphics, logos, images, and software, are protected by intellectual property laws. By using the Service, you agree not to violate our intellectual property rights or those of our licensors. Furthermore, you confirm that the content you utilize does not infringe upon the intellectual property rights of any third party.

8. Dispute Resolution and Jurisdiction

8.1. This Contract shall be governed by and interpreted in accordance with the laws of Portugal. Any disputes arising from or related to the Contract or your use of the Service will be settled through arbitration following the guidelines of the Portuguese arbitration association.

9. Liability and Disclaimer

9.1. We disclaim all warranties, express or implied, regarding the accuracy, completeness, or reliability of any content available in the Service. We also exclude liability for indirect, incidental, special, or consequential damages and/or losses arising out of or in connection with your use of the Service. However, our liability will not exceed the amount you have paid before the event giving rise to liability.

9.2. We shall not be liable for the speed of the Software, its availability, data loss, or the correctness of the results.

10. Miscellaneous

10.1. The Contract constitutes the complete agreement between you and us, replacing all prior or contemporary communications and proposals (whether verbal, written, or electronic) between you and us concerning the Service. Should any provision of the Contract be deemed unenforceable or invalid, it will be restricted or eliminated to the minimum extent necessary for the Contract to otherwise remain fully effective and enforceable. We shall not be held liable for any failure to fulfill obligations hereunder due to circumstances beyond our reasonable control.

11. Contact Information

11.1. To the extent allowed under law, by providing us with your email, you give consent to receiving emails from us for purposes of information, advertising, and news related to our products and product developments. You can withdraw your consent at any time by clicking unsubscribe on the emails received.

This Contract was last updated on 06/05/2024.