This End User License Agreement ("EULA") is a legal agreement between you (the "User" or "you") and The Tuitionist (SMC Pvt Ltd) ("we," "us," or "our") for the use of our mobile applications, web applications, and related services (collectively, the "Application").
Please read this EULA carefully before downloading, installing, or using the Application. By using the Application, you acknowledge that you have read, understood, and agree to be bound by this EULA.
1. Acceptance of Terms
By downloading, installing, or using any application or service provided by The Tuitionist (SMC Pvt Ltd), you agree to be bound by this End User License Agreement ("EULA"). If you do not agree to these terms, do not install or use the application.
2. License Grant
2.1 Scope of License
The Tuitionist grants you a limited, non-exclusive, non-transferable, revocable license to use the application on your personal device solely for your personal or business use in accordance with this EULA and the applicable app store terms.
2.2 Restrictions
You may not:
Copy, modify, or create derivative works of the application.
Reverse engineer, decompile, or disassemble the application.
Remove, alter, or obscure any proprietary notices on the application.
Use the application for any unlawful purpose or in violation of any applicable laws.
Rent, lease, lend, sell, redistribute, or sublicense the application.
Use the application to transmit viruses, malware, or any harmful code.
3. Ownership
The application, including all intellectual property rights therein, is and will remain the property of The Tuitionist and its licensors. This EULA does not grant you any ownership rights to the application.
4. User Accounts and Data
4.1 Account Registration
You may be required to create an account to access certain features. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4.2 Data Collection and Privacy
Your use of the application is also governed by our Privacy Policy, which is incorporated into this EULA by reference. By using the application, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.
4.3 User Content
You retain ownership of any content you submit through the application. However, by submitting content, you grant The Tuitionist a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing and improving our services.
5. Subscription and Payment Terms
5.1 Subscription Services
Certain features may require a paid subscription.
Subscription fees are charged in advance on a recurring basis (monthly, annually, or as otherwise specified).
Prices are displayed in the app and may vary by region, including applicable taxes.
5.2 Auto-Renewal
Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period.
Your payment method will be charged for renewal within 24 hours prior to the end of the current period.
You can manage or cancel your subscription anytime through your app store account settings.
5.3 Free Trials
Free trials may be offered for certain subscription plans.
If you do not cancel before the trial period ends, you will be charged the subscription fee.
Any unused portion of a free trial period will be forfeited when you purchase a subscription.
5.4 Refunds
For iOS: All purchases are processed through Apple. Refund requests must be submitted to Apple at reportaproblem.apple.com.
For Android: All purchases are processed through Google Play. Refund requests must be submitted through the Google Play Store.
The Tuitionist does not directly process refunds for app store purchases.
5.5 Price Changes
The Tuitionist reserves the right to modify subscription prices. You will be notified of any price changes in advance, and changes will take effect at the start of your next billing cycle.
6. Third-Party Services and Content
The application may integrate with or provide access to third-party services, websites, or content.
The Tuitionist is not responsible for any third-party services or content.
Your use of third-party services is subject to their respective terms and conditions.
7. Updates and Modifications
The Tuitionist may release updates, patches, or new versions of the application.
Updates may be automatically downloaded and installed on your device.
The Tuitionist reserves the right to modify or discontinue the application or any features at any time without notice.
Continued use of the application after modifications constitutes acceptance of the changes.
8. Termination
8.1 Termination by You
You may terminate this EULA at any time by uninstalling the application and ceasing all use.
8.2 Termination by The Tuitionist
The Tuitionist may terminate or suspend your access to the application at any time, with or without notice, if you:
Violate this EULA or any applicable laws.
Engage in fraudulent or abusive behavior.
Fail to pay applicable fees.
Use the application in a manner that harms The Tuitionist or other users.
8.3 Effect of Termination
Upon termination, your license to use the application will immediately cease. You must uninstall the application and destroy all copies in your possession. Sections of this EULA that by their nature should survive termination will remain in effect.
9. Disclaimer of Warranties
THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE TUITIONIST DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE TUITIONIST DOES NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
YOU USE THE APPLICATION AT YOUR OWN RISK.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TUITIONIST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION.
THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.
IN NO EVENT SHALL THE TUITIONIST'S TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE APPLICATION IN THE 3 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Indemnification
You agree to indemnify, defend, and hold harmless The Tuitionist, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of your use of the application, violation of this EULA, or infringement of any third-party rights.
12. App Store Terms
12.1 Apple App Store
If you download the application from the Apple App Store, you acknowledge that this EULA is between you and The Tuitionist, not Apple.
Apple has no obligation to provide maintenance or support services for the application.
Apple is not responsible for any claims relating to the application, including product liability, legal compliance, or intellectual property infringement.
Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against you.
This EULA incorporates Apple's Licensed Application End User License Agreement (EULA), available at: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
12.2 Google Play Store
If you download the application from Google Play, you acknowledge that this EULA is between you and The Tuitionist, not Google.
Google has no obligation to provide maintenance or support services for the application.
Google is not responsible for any claims relating to the application.
You must comply with the Google Play Terms of Service when using the application.
13. Export Compliance
You agree to comply with all applicable export and import laws and regulations. You may not use or export the application in violation of any laws or regulations, including those of the United States and Pakistan.
14. Governing Law and Dispute Resolution
14.1 Governing Law
This EULA shall be governed by and construed in accordance with the laws of Pakistan, without regard to its conflict of law provisions.
14.2 Dispute Resolution
Any disputes arising out of or relating to this EULA shall be resolved through binding arbitration in accordance with the Pakistan Arbitration Act. The arbitration shall take place in Islamabad, Pakistan, and the decision of the arbitrator shall be final and binding.
14.3 Exceptions
Notwithstanding the above, The Tuitionist may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.
15. Children's Privacy
The application may be used by children under the supervision of parents, teachers, or educational institutions.
We collect limited information from children only for educational purposes and with appropriate consent.
Parents and guardians have the right to review, delete, or refuse further collection of their child's information.
For more information, please refer to our Privacy Policy.
16. Accessibility
The Tuitionist is committed to making the application accessible to all users. If you encounter accessibility issues, please contact us at thetuitionist@gmail.com.
17. Entire Agreement
This EULA, together with the Privacy Policy and any other legal notices published by The Tuitionist, constitutes the entire agreement between you and The Tuitionist regarding the application and supersedes all prior agreements and understandings.
18. Severability
If any provision of this EULA is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
19. Waiver
The failure of The Tuitionist to enforce any right or provision of this EULA will not constitute a waiver of such right or provision.
20. Changes to This EULA
The Tuitionist reserves the right to modify this EULA at any time. Changes will be effective immediately upon posting within the application or on our website. Your continued use of the application after changes are posted constitutes acceptance of the modified EULA.
Related Documents
Privacy Policy — Learn how we collect, use, and protect your data.