Termes et conditions

ZUTOBI USER AND STUDENT TERMS

Last Modified: July 14, 2023

1. Your Acceptance

Welcome to the Zutobi User and Student Terms. This is an agreement (“Agreement”) between Zutobi, AB 59099-6517 (“Zutobi"), the owner and operator of the Zutobi Website, the Zutobi software, iOS and Android mobile application, components, and the Zutobi Services (defined below) (collectively the “Platform”) and you (“you”, “your”, “User”), a User of the Platform.  

PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.  

Throughout this Agreement, the words “Zutobi”,  “us”,  “we”, and “our” refer to our company, Zutobi, as is appropriate in the context of the use of the words.  

By clicking “I agree”, subscribing to the Platform, and accessing or using the Platform you agree to be bound by this Agreement and the Privacy Policy.  We may amend this Agreement or the Privacy Policy and may notify you when we do so.  If you do not agree to this Agreement or the Privacy Policy please cease using our Platform immediately.

2. Accounts

Users may be required to register prior to using or accessing the Platform.  Zutobi offers access to the Platform to both Students and Instructors (defined below).   During registration please verify that you have created the proper account.  Any user creating or using a student account shall be designated as a “Student” and any user creating or using an Instructor account shall be designated as a “Instructor” or an Instructor’s authorized user. In addition, parents of Students may create accounts where permitted by Zutobi. Your information will be collected and disclosed in accordance with our Privacy Policy. All users are required to provide truthful, up-to-date, and accurate information when registering for our Platform.  We reserve the right to verify all user credentials and to reject any users. You are entirely responsible for maintaining the confidentiality of password and account and for any and all activities that occur under your account. You agree to notify Zutobi immediately of any unauthorized use of your account or any other breach of security. Zutobi will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge.

3. Age Limits

Students must be 13 years of age or older to register and use our Platform.  Instructors and their authorized users must be 18 years of age or older to register and use our Platform. If you are a Student between the age of 13 and under 18 you must have your parent(s) or guardian(s) consent to continue using the services provided and agree to this Agreement on your behalf.

4. Zutobi Instructors

In addition to agreeing to this Agreement any User that is also an Instructor (as defined within the Zutobi Instructor Terms) must agree to the Zutobi Instructor Terms.

5. Access

After registering and properly paying for our Platform, where required, we shall grant you access to the Platform as permitted by us and in accordance with this Agreement.  Where you download or install any portion of the Platform, we grant you a revocable, limited, non-transferable, and non-exclusive license.  Each device you download our Platform may only contain one copy of the Platform. All rights not explicitly granted are reserved for Zutobi.   If you breach this Agreement, your access to use our Platform may be terminated at our discretion.  Additionally, we may revoke your access to our Platform if we believe that your actions may harm us, our business interests, or any third party rights.  Failure by us to revoke your access does not act as a waiver of your conduct

6. Platform Ownership

You acknowledge that the structure, organization, and code of the Platform, any hosted services, and all related software components are proprietary to Zutobi and/or Zutobi' licensors and that Zutobi and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by Zutobi.  You shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform, access to the Platform, or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by Zutobi to others in violation of this Agreement.  You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by Zutobi.

7. Platform and Services

The Zutobi Platform may offer services (“Zutobi Services”) to users of the Platform. Zutobi Services may include services offered to students (“Student Service(s)”) such as Lesson (defined below), booking or educational courses, and services offered to Instructors (“Instructor Service(s)”).  You may use the Platform and any associated Zutobi Services solely as permitted by Zutobi. Please be aware that any Zutobi Services are “as-is” and “as-available. We reserve the right to alter, modify, update, or remove the Platform or any Zutobi Services, at any time at our discretion.  We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform or the Zutobi Services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications or provide you access to previous versions of our Platform.  Zutobi shall have no liability to you or any third party in the event that Zutobi exercises these rights.

8. User Privacy

We value your privacy and understand your privacy concerns.  Our Privacy Policy is incorporated into this Agreement, and it governs your submission of information to our Platform.  Please review our Privacy Policy so that you may understand our privacy practices.  All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  

9. Use of the Platform

When using our Platform, you are responsible for your use of the Platform. You agree to the following:

• You way not copy, distribute, access, or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping” or unauthorized use of the server API;
• You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
• You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
• You may not use automated bots or other software to send more messages through our Platform than humanly possible;

• You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake;
• You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
• You may not access our Platform in an attempt to build a similar or other competitive product;
• You may not use the Platform in an unlawful manner;

• You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• You may not collect or harvest any personally identifiable information, including account names, except where permitted, from the Platform;
• You may not violate or infringe other people's intellectual property, privacy, or other contractual rights while using our Platform;
• You may not violate any requirements, procedures, policies or regulations of networks connected to Zutobi;

• You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or derive income from the use or provision of the Platform unless enabled through the functionality of our Platform;

• You may not interfere with or disrupt the Platform;
• You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
• You agree that you will not hold Zutobi responsible for your use of our Platform; and
• You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de-caching of any portion of our Platform from a thirty party’s website, such as by requesting its removal from a search engine.

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended.  Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform.  Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Zutobi reserves the right to suspend or terminate any account at any time without notice or explanation.

10. User Content

A Users ability to submit or transmit any information through the Platform, including but not limited to Lesson (defined below) information, Instructor Content (defined in the Instructor Terms), data, recordings, information, written content, images, videos, or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content.   You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted.  We may provide industry standard security but we cannot guarantee the absolute safety and security of any such User Content.  Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.

When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.

When you submit any User Content to us, you grant Zutobi, its partners, affiliates, Users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the Platform for the duration of this Agreement.  Please be aware that User Content may be shared with third parties. Zutobi has no liability to Users for any User Content including all data, information, copy, images, URL names, and anything else submitted by you or any third parties using the Platform.  Specifically, Zutobi shall not be liable for any errors related to any User Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you.

11. Monitoring User Content

Zutobi shall have the right, but not the obligation, to monitor all User Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Zutobi shall have the right, but not the obligation, to remove any User Content at its sole discretion. For example, we may remove User Content if we believe that any User Content may harm us or our business interests or violate any United States laws or regulations. We have no obligation to retain or provide you with copies of any User Content after your termination of this Agreement.

12. Platform Availability

Although we try to provide continuous availability to you, we do not guarantee that the Platform along with any offered Zutobi Services will always be available, work, or be accessible at any particular time.  Specifically, we do not guarantee any uptime or specific availability of the Platform.  You agree and acknowledge that the Platform uses remote access and may not always be either 100% reliable or available.  We reserve the right to refuse service to the Platform or to terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.  

13. Intellectual Property

The name “Zutobi” along with the design of the Zutobi Platform and any text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein ("Marks"), are owned by or licensed to Zutobi, subject to copyright and other intellectual property rights under United States’ and foreign laws and international conventions. Zutobi reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of anything contained within the Platform unless we have given express written permission.

14. Idea Submission

Zutobi or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Zutobi. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Zutobi’ products might seem similar to ideas you submitted to Zutobi. Where you submit any Submission, whether solicited or unsolicited, you agree that: (1) your Submissions and their contents will automatically become the property of Zutobi, without any compensation to you; (2) Zutobi may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Zutobi to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

15. Zutobi Content and Equipment Required

ALL ZUTOBI CONTENT FOUND ON THE PLATFORM IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. Zutobi does not endorse or warrant any Zutobi content (“Zutobi Content”), such as, encountered on the Platform including but not limited to any materials, recordings, manuals, documentation, or other information. All Zutobi Content is offered “as-is” and without warranty of any kind.   Zutobi Content should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Platform is at your own risk. Please be aware that Zutobi Content may be inaccurate, untimely, or contain errors.  You should refer to your state’s or country’s vehicle code, traffic legislation, and official driver’s manual for exact accuracy related to any Zutobi Content. The Zutobi Content found on our Platform, including any notifications, scheduling, or registration tools provided, are offered only for informational purposes.   You solely are responsible for your use of any Zutobi Content and you agree to release us from any liability related to your use of any Zutobi Content.  

In order to access the Platform, you may be required to purchase “Equipment” such as a computer or other mobile device.   You are solely responsible for purchasing and properly connecting such Equipment to access the Platform.  Please be aware that standard data, calling, and message rates apply.  Please consult your communications provider for a full list of fees and charges. Zutobi shall not be liable to you for any failure or issue related to any Equipment you may use to interact with the Platform.

16. Third Party Websites and Content

Zutobi does not endorse or warrant any Third Party Content including but not limited to any materials, results, information, or other data provided by a third party (collectively “Third Party Content”) and does not assume responsibility for any Third Party Content encountered whether through the Platform or otherwise.  If you use or access any Third Party Content you do so at your own risk. We recommend that you independently evaluate Third Party Content and you should not solely rely on the Third Party Content displayed on the Platform to make any decisions. If you require more information regarding any Third Party Content, please contact the owner of such Third Party Content.  Further, Zutobi assumes no liability for inaccuracies or misstatements made by such third parties responsible for such Third Party Content. Zutobi does not endorse, recommend, verify, or warrant any Third Party Content or any third parties encountered on the Platform.

Through the Platform User may connect to third party software, services, or websites (“Third Party Website(s)”). Where a Third Party Website is made available through the Platform, Zutobi does not warrant or endorse any such Third Party Websites.  User uses any Third Party Websites solely at their own risk. All such Third Party Websites are controlled by third parties and such third parties are solely responsible for any claims or offerings made available through such Third Party Websites. Any issues with the transmission, processing, or storage of any User Content  by any Third Party Websites is solely to be resolved by and between you and any entity owning such Third Party Websites.   Zutobi will not be responsible for any connectivity issues related to any Third Party Websites and the Platform.  User’s access to any Third Party Websites are subject to the terms and conditions of the owner of such Third Party Websites and User agrees that User’s use of the Platform shall not violate any terms or conditions of such Third Party Websites.

17. Pricing

The pricing for any Zutobi Services or purchases is stated within the Platform.  We reserve the right to increase or modify the pricing on our Platform at any time and at our discretion and we have no obligation to offer any Zutobi Services at prices previously offered. We may, at any time change , modify or eliminate purchases with or without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any Zutobi Services offered.  In the event of a price increase, Zutobi  may notify you. If you do not accept the price increase, it is your responsibility to stop using the service prior to any renewal. Occasionally there may be pricing errors on the Platform. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update such information as required without notice

For further information about pricing and subscriptions, see Zutobi’s Subscription Terms.

18. App Store Downloads

The following terms apply when you use a mobile application obtained from either the Apple AppStore or Google Play (each an “Third Party App Store”) to access the Platform: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable Third Party App Store’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in this Agreement or as otherwise required under applicable law, and you acknowledge that each Third Party App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable Third Party App Store, and the Third Party App Store, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the Third Party App Store will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the Third Party App Stores are third-party beneficiaries of the terms and conditions in this mobile application license contained in this Agreement, and that each Third Party App Store will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in this Agreement Use against you as a third-party beneficiary thereof. 

19. Export Controls

You represent and warrant that: (1) you are not located in a country that is subject to a U.S., E.U., or U.K. government embargo, that has been designated by the U.S. government as a “terrorist supporting” country, or listed within a “Do Not Export” list; and (2) you are not listed on any U.S. government list of prohibited or restricted parties;

20. Issues with the Platform

Zutobi may from time to time assist a User with resolving any issues encountered on the Platform or the Zutobi Services.  Zutobi reserves the right to assist but is not obligated to assist User in resolving any issues. Where Zutobi assists a User in resolving an issue, User agrees that User shall abide by Zutobi’s decision in resolving such issue and shall reasonably cooperate with Zutobi’s instructions to resolve such issue.

21. Disclaimer

THE PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER ZUTOBI, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY ZUTOBI SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO ZUTOBI, OR VIA THE PLATFORM. FURTHER, WE DO NOT WARRANT THAT THE PLATFORM WILL FACILITATE OR ENABLE THE USER TO IMPROVE HIS/HER SCORE ON ANY DRIVING EXAM OR ENABLE THE USER TO PASS THAT EXAM IN ANY STATE. THE EXCLUSIVE PURPOSE OF THE PLATFORM IS TO ASSIST USERS IN LEARNING MATERIAL RELEVANT TO THE DRIVER EXAM IN THE USER’S STATE AND TO CONNECT STUDENTS WITH INSTRUCTORS. THE SERVICE IS NOT INTENDED AND MAY NOT BE USED OR RELIED UPON AS AN EDUCATION OR A TRAINING TOOL REGARDING SAFE DRIVING AND/OR HOW TO AVOID AN ACCIDENT.

IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. ZUTOBI DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. ZUTOBI DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY USER CONTENT) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. ZUTOBI DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND ZUTOBI SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ZUTOBI OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

22. Limitation of Liability

BY ACCESSING AND/OR UTILIZING THE PLATFORM AND/OR THE ZUTOBI SERVICES, AND/OR BY REGISTERING AN ACCOUNT, YOU FULLY RELEASE ZUTOBI FROM ALL LIABILITY ARISING FROM, BUT NOT LIMITED TO, PROPERTY DAMAGE, DEATH, PERSONAL INJURY, PERSONAL LOSS AND OTHER CIRCUMSTANCES RESULTING FROM YOUR DRIVING ABILITIES OR INABILITIES, ERRORS, INTERACTIONS WITH OTHER USERS, LACK OF EDUCATION, MISINTERPRETATION OF LEARNING MATERIALS, OR THE LACK OF LEARNING MATERIAL OR ERRORS IN THE MATERIAL PROVIDED BY ZUTOBI. IN NO EVENT SHALL ZUTOBI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ZUTOBI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY ZUTOBI’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE.  WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO INSTRUCTORS IN THE PAST SIX (6) MONTHS OR ONE HUNDRED USD, WHICHEVER IS GREATER.

23. Release

In addition to the above, you specifically and expressly release Zutobi, its respective officers, directors, employees, agents, successors and assigns from all liability, direct and indirect, related to any and all claims and demands you may assert against any third party arising out of your use of the Zutobi Platform. If you are a California resident, you expressly agree to waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

24. Indemnity

You agree to defend, indemnify and hold harmless Zutobi, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• your use of and access to the Zutobi Platform or your authorized user’s use of the Platform;
• your violation of any term of this Agreement, the Instructor Terms, or the Privacy Policy; or
• your violation of any third party right, including without limitation any copyright, property, or contractual right.

This defense and indemnification obligation will survive this Agreement and your use of the Zutobi Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.  If you are an Instructor these indemnification obligations extend to all of your authorized users.

25. Copyrights

We take copyright infringement very seriously.  If you believe that any content owned by you has been infringed upon please send us a message which contains:

• Your name.
• The name of the party whose copyright has been infringed, if different from your name.
• The name and description of the work that is being infringed.
• The location on our Platform of the infringing copy.
• A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
• A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent: Copyright Agent of Zutobi,support@zutobi.com or Zutobi AB, Slottsträdgårdsgatan 5, Gävle, Gävleborgs län 802 66, Sweden.

Counter Notice

In the event that you receive a notification from Zutobi stating content posted by you has been subject to a copyright takedown notice, you may respond by filing a counter-notice pursuant to the DMCA.  Your counter-notice must contain the following:

• Your name, address, email and physical or electronic signature.
• The notification reference number (if applicable).
• Identification of the material and its location before it was removed.
• A statement under penalty of perjury that the material was removed by mistake or misidentification.
• Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where the notice provider is located (if you are not in the US).
• Your consent to accept service of process from the party who submitted the takedown notice.

Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements.    Please send this counter-notice in accordance with the takedown notice instructions above.

26. Choice of Law

This Agreement shall be governed by the laws in force within Sweden and shall be governed by and construed in accordance with substantive Swedish law, without regard to any principles concerning the choice of law.  .The offer and acceptance of this contract is deemed to have occurred in Sweden

27. Disputes

Any dispute relating in any way to this Agreement, the use of the Platform including the Zutobi Services shall be finally settled by arbitration administered by the Stockholm Chamber of Commerce Arbitration Institute (“SCC”). The SCC Rules for Expedited Arbitrations (“Expedited Rules”) shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the SCC Arbitration Rules (“Arbitration Rules”) shall apply. The number of arbitrators shall be one (1); unless the Expedited Rules or Arbitration Rules require otherwise.  The choice of arbitrator shall be agreed upon by the parties or selected via the Arbitration Rules or Expedited Rules. The location of any arbitration shall be Stockholm, Sweden and each party shall bear its own costs in arbitration. The language to be used in the arbitral proceedings shall be English. The parties agree that all arbitration conducted under this arbitration clause shall be kept confidential, and all information, documentation, materials in whatever form disclosed in the course of such arbitration shall be used solely for the purpose of those proceedings. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.   Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), or make a claim for nonpayment, in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration.

28. PAGA and Class Action Waiver

You and Zutobi agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.  

29. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement you may have with Zutobi are deemed to conflict with each other’s operation, Zutobi shall have the sole right to elect which provision remains in force.  

30. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

31. Assignment and Survival

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.  All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Access, Payment, Indemnification, Arbitration, and all terms as set forth within the Instructor Terms.

32. Termination

You may terminate your access to the Platform or terminate this Agreement any time via your Zutobi dashboard or by contacting us at support@zutobi.com.  However, termination does not relieve you from any obligations or payments required by this Agreement. Please be aware that upon termination of your account or subscription, access to all or portions of our Platform may become immediately disabled and any User Content may become immediately inaccessible.  We may terminate this Agreement or your access to the Platform at our discretion or if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm Zutobi, our business interests or a third party, at our discretion.  In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.  

33. Entire Agreement

This Agreement along with Instructor Terms (where applicable) and the Privacy Policy and any other supporting agreements provided by Zutobi constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party.  Where this Agreement conflicts with our Privacy Policy or any other documentation listed on our website this Agreement shall supersede and control.  Where this Agreement directly and explicitly conflicts with the Instructor Terms the Instructor Terms shall supersede and control.

34. Amendments

We may amend this Agreement from time to time.  When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you.  You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.

35. Electronic Communications

The communications between you and Zutobi use electronic means, whether you visit the Platform or send Zutobi e-mails, or whether Zutobi posts notices on the Platform or communications with you via mobile notifications or e-mail.  For contractual purposes, you (1) consent to receive communications from Zutobi in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Zutobi provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

36. Notices

Any notices required under this Agreement shall be delivered to Zutobi AB, Slottsträdgårdsgatan 5, Gävle, Gävleborgs län 802 66, Sweden, delivery confirmation required.  Any notices to User shall be delivered either electronically via email or to the User’s account within the Platform.

37. Contact Us

Where you have any questions, issues, or if you are having trouble accessing or using the Platform, please contact us at support@zutobi.com.

38. Acts of God

All errors shall be at the sole responsibility and expense of the user. Additionally, we shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Platform, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you, inability to access to the Platform, failure of a communications satellite, strike, labor dispute, riot or insurrection, war, explosion, malicious mischief, fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of God, failure or reduction of power, or any court order, law, act or order of government restricting or prohibiting the operation of or access to the Platform.

39. California Users

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Zutobi must be sent to our agent for notice to:support@zutobi.com or Zutobi AB, Slottsträdgårdsgatan 5, Gävle, Gävleborgs län 802 66, Sweden

California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

40. Additional Terms for Students

Students are subject to all User terms and the additional terms as stated within Section 40-48 of this Agreement.

41. Lessons

Instructors may offer driving lessons or driver’s education classes (collectively “Lessons”) to Students via the Platform and a Student may use the Platform to pay for Lesson registration fees (“Lesson Fee”). Please be aware that all Lessons are solely offered by Instructors and Zutobi does not offer, recommend, endorse, or otherwise warrant any Lessons offered by an Instructor. From time to time, we may have to cancel an already booked Lesson between a Student and an Instructor and Student releases us from any liability related to such cancellation.

42. Payments

Student agrees to pay for all costs, fees, and taxes listed when booking a Lesson or purchasing any other Student Services such as Zutobi Plus. Student authorizes Zutobi or its third party payment processors to charge their method of payment on file at the time of purchase. Where applicable, you must agree to our third party payment processors terms and conditions for processing payments.  All prices are listed in the currency as stated on our Platform.  Where your payments have failed we may suspend your access to the Platform or the Student Services where applicable.

43. Chargebacks and Declines

If we believe that you have participated in a chargeback (fraudulent or otherwise), we will pursue our claims against you to the fullest extent allowed by law.  We may forward your information to the applicable law enforcement agency and your chargeback may result in either a civil fine or jail time. Where your credit card has been declined after any purchase, you agree that we may resubmit your charge until such charge is fully paid, whether the charge is made as one additional charge or as installments.

44. Taxes

Where Zutobi does not charge you taxes for any purchases or payments, you agree to pay any and all applicable taxes and verify such payments at the written request of Zutobi.

45. Cancellation or Refunds of Lessons

Lessons are solely offered by Instructors thus any issues with refunds or Lesson cancellations are solely the responsibility of the Instructor offering the Lesson.  All Lesson refunds or cancellations are subject to the terms and conditions posted by the Instructor and applicable settings selected within the Platform by the Instructor offering the Lesson.  You agree to waive any liability Zutobi may have to you in regards to any refund or cancellation issue with a Lesson offered by an Instructor.  Where a refund for any Lesson Fees is issued, Zutobi may deduct service fees or other payment processing fees and Student agrees to the deduction of such fees for any Lesson Fees refunded.  Where the Instructor has failed to adhere to its cancellation or refund policies, please contact us.

46. Instructors and Students

Any agreements entered into between a Student and Instructor including any Lesson registrations and payments are solely between the parties.  Zutobi may not be obligated and is not a party to any contract that Student enters into with any Instructor. THE STUDENT AGREES TO HOLD ZUTOBI FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF YOUR ACCESS TO THE LESSONS OR YOUR INTERACTIONS WITH INSTRUCTORS. ZUTOBI IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY STUDENT OR INSTRUCTOR, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY INSTRUCTOR OR ANY INSTRUCTOR CONTENT ENCOUNTERED BY STUDENT.  Student and Instructor are the solely responsible for resolving any disputes between any Student and Instructor.   Although Zutobi may display Lessons based on a User’s preferences, Zutobi does not introduce, endorse, or recommend a Lesson or Instructor to any Student. Any opinions, advice, or information expressed by any Instructor are those of the individual and the individual alone and they do not reflect the opinions of Zutobi.  Zutobi does not direct, is not an employer, has no control over, makes no representations, and does not guarantee the quality, safety or legality of any Instructor, any Instructor Content, or any Lessons offered.

47. Zutobi Plus, Purchases, and Subscriptions

The Student Services include “Zutobi Plus” an educational tool for Students. Zutobi Plus includes full access to the specified course for the duration of the subscription period.

Payment is charged through your iTunes, Google Play, or bank account at confirmation of purchase.

• If you started the subscription using Apple AppStore via iTunes or Google Play via Google, your iTunes or Google Play account will be automatically renewed and charged for renewal unless turned off in iTunes Account Settings or Google Play settings respectively at least 24 hr before the current subscription period ends (including the free trial period). The unused portion of the free trial is forfeited after purchase.
• If you started the subscription using the online payment system on the Zutobi Website - your bank account will be automatically renewed and charged for renewal unless turned off in your Zutobi Account Settings at least 24 hr before the current subscription period ends (including the free trial period). The unused portion of the free trial is forfeited after purchase.

Your subscriptions may be managed by the user and auto-renewal may be turned off in the user’s iTunes Account Settings, Google Play Settings, or Zutobi Account Settings after purchase. However, you are not allowed to cancel the current subscription period during its active subscription period.

For information about Zutobi Plus, payments, subscriptions, refunds, and cancellations, see our Subscription Terms.

48.  Zutobi Pass Guarantee for Zutobi Plus

We want you to be satisfied with Zutobi Plus and for this reason we offer the Zutobi Pass Guarantee https://zutobi.com/us/pass-guarantee. However, aside from the Zutobi guarantee we cannot offer any additional refunds.

ZUTOBI Booking TERMS

Last Modified: July 14, 2023

1. Your Acceptance

Welcome to the Zutobi Booking Terms (“Instructor Terms”). This is an agreement between Zutobi AB (“Zutobi"), the owner and operator of the Zutobi Platform and the Zutobi Services (as defined in the Zutobi User and Student Terms ) and you (“you”, “your”, or “Instructor”), a driving school or instructor that uses the Platform.

Throughout these Instructor Terms, the words “Zutobi”,  “us”,  “we,” and “our” refer to our company, Zutobi AB, as is appropriate in the context of the use of the words.  

By clicking “I agree”, subscribing to the Platform, and accessing or using the Platform you agree to be bound by these Instructor Terms and the Privacy Policy.  We may amend our Instructor Terms and may notify you when we do so. If you do not agree to the Instructor Terms please cease using our Platform immediately.

2. Instructor Terms

All Instructors must agree to the Zutobi User and Student Terms (“User Terms”) and the Instructor Terms are in addition to any User Terms set forth within that agreement.  The Instructor Terms are subject to all provisions of the User Terms and wholly integrated into the User Terms.  Where any capitalized terms are undefined in these Instructor Terms, they shall have the meanings as defined within the Zutobi User Terms.  Where any terms within the Instructor Terms directly and explicitly conflict with the User Terms, the Instructor Terms shall prevail and remain in force and effect.

3. Platform and Instructor Accounts

Instructors shall be required to register and properly create an account prior to using the Zutobi Services and Platform as permitted by Zutobi.  All Instructors are required to provide truthful, up-to-date, and accurate information when registering for our Platform and must be over the age of 18.  Where an Instructor is creating an account on behalf of a company or legal entity, Instructor represents and warrants that it has the authority to legally bind such company or legal entity to these Instructor Terms.  Zutobi reserves the right to reject or remove any Instructor accounts at any time at its discretion.  Instructor agrees to cooperate with any Zuboti requests related to account verification including but not limited to the verification of licensure or background checks.  Instructor represents and warrants that it and all personnel authorized to use the Platform (including any contractors or employees) are duly licensed under relevant state or federal laws and have completed standard background checks.

4. Authorized Users

Instructors may add authorized users to their accounts as permitted by the Platform.  Instructors shall be solely responsible for any authorized user’s activity while using the Platform or the Zutobi Services.  Instructors shall monitor and ensure that each authorized user abides by the Instructor Terms and the User Terms at all times and shall indemnify Zutobi for its authorized user’s use of the Platform in accordance with the indemnification provisions set forth within the User Terms.

5. Instructor Services

Zutobi may offer Instructor Services such as Lesson management and Student management tools. Please be aware that any Zutobi Services offered which include the Instructor Services are “as-is” and “as-available. We reserve the right to alter, modify, update, or remove the Platform or any Zutobi Services, at any time at our discretion.  We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform or the Zutobi Services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications or provide you access to previous versions of our Platform.  Zutobi shall have no liability to you or any third party in the event that Zutobi exercises these rights.

6. Relationship of Parties

These Instructor Terms shall not be construed to create any association, partnership, joint venture, employee, worker or agency relationship between Instructor and Zutobi. The relationship of the parties is as independent contractors. Instructor has no authority (and shall not hold himself or herself out as having authority) to bind Zutobi and Instructor shall not make any agreements or representations on Zutobi's behalf without Zutobi's prior written consent. Instructor understands that Instructor will not be eligible to participate in any benefit plans offered to Zutobi's employees, including, but not limited to, vacation, group medical or life insurance, disability, profit sharing or retirement benefits or any other fringe benefits or benefit plans offered by Zutobi to its employees. Zutobi will not be responsible for withholding or paying any income, payroll, Social Security, or other federal, state, or local taxes, making any insurance contributions, including unemployment or disability, or obtaining workers' compensation insurance on Instructor's behalf. Instructor shall be responsible for, and shall indemnify and hold Zutobi harmless for any claims, suits, or actions related to this provision, including any such claims brought by Instructor or by any third party with respect to any claims for taxes or contributions, including penalties and interest.

7. Instructors and Students

Any contracts entered into between a Student and Instructor including any Lesson registrations and payments are solely between the parties.  Zutobi may not be obligated and is not a party to any contract that you enter into with any Student. THE INSTRUCTOR AGREES TO HOLD ZUTOBI FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF ANY DISPUTES BETWEEN YOU AND A STUDENT. ZUTOBI IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY STUDENT OR THIRD PARTY, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY STUDENT OR THIRD PARTY ENCOUNTERED ON THE PLATFORM.  Student and Instructor are the solely responsible for resolving any disputes between the parties.  Zutobi does not introduce, endorse, or recommend any Students to Instructor and Instructor releases and indemnifies Zutobi from any liability related to any Students encountered via the Platform whether online or offline.

8. Instructor Responsibilities

Instructor shall be exclusively responsible for Instructor’s use and the use of the Platform by any of Instructor’s Students or Instructor’s authorized users that access the Platform.  Where an Instructor submits any Instructor Content (defined below), we are not responsible for the Instructor Content including but not limited to monitoring access permissions or the legality of such Instructor Content. Additionally, you represent and warrant that: (1) you shall use the Platform solely for your internal commercial purposes; (2) you are duly authorized and have the power and authority to enter into these Instructor Terms; (3) you shall comply with all United States federal and state laws when using the Platform, collecting Student information, or offering any Lessons including but not limited to The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) or the Children's Online Privacy Protection Act of 1998 (COPPA), 15 U.S.C. 6501–6505; (4)  you shall offer the Lessons in a professional and diligent manner in accordance with industry best practices and standards; (5) you have maintained and kept current all licenses and insurance required to offer any Lessons and you will provide verification of such at Zutobi’s request; (6) the Lessons offered do not violate any third party agreements; (7) you shall abide by the Telephone Consumer Protection Act 47 USC § 227 and shall not spam or otherwise send automated marketing text messages without a user’s consent; and (8) you shall use the Platform only for legal and lawful purposes.  Instructor shall indemnify and hold Zutobi harmless for a breach of any provisions of this section.

9. Policies

Where required, Instructor shall clearly post a Privacy Policy (in compliance with all US state and federal laws) prior to collecting any Student information and shall disclose to the Student that such personal information may be shared with Zutobi and Zutobi’s payment processors.  Further, Instructor shall be responsible for providing and enforcing any written policies related to its Lesson offerings.  Written policies may include agreements between Instructor and Students, refund and cancellation policies, or other agreements between the parties.  Any such written policies may not contractually obligate Zutobi or otherwise interfere or supersede these Instructor Terms or the User and Student Terms.  However, you agree that Zutobi shall be a third party beneficiary to such policies and shall have a right but not the obligation to enforce any such policies on behalf of Instructor.

10. Privacy Policy

We value your privacy and understand your privacy concerns.  Our Privacy Policy is incorporated into these Instructor Terms, and it governs your submission of information to our Platform.  Please review our Privacy Policy so that you may understand our privacy practices.  All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  

11. Use of the Platform

When using our Platform, you are responsible for your use of the Platform which is subject to the Zutobi User Terms.

12. Instructor Content

“Instructor Content” is defined as any User Content that is submitted by you as an Instructor and is subject to all User Content provisions as stated within the Zutobi User Terms. Any Instructor Content found to be in violation of these Instructor Terms or that we determine to be harmful to the Platform may be modified, edited, refused, screened, or removed at our discretion.

13. Additional Guidelines for Instructor Content

Please be aware that all Instructor Content may be viewed by third parties, thus we cannot guarantee the confidentiality of any Instructor Content.

When submitting any Instructor Content you agree to the following:

• You agree that Instructor Content submitted is truthful, up-to-date, and accurate;
• You agree not to submit any Instructor Content that contains any confidential information;
• You agree not to submit any Instructor Content that contains nudity, or sexual, or explicit content;
• You agree not to submit any Instructor Content that depicts gratuitous violence, animal or child abuse, or encourages violence against others;
• You agree not to submit any Instructor Content contains hate speech or promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity;
• You agree not to submit any Instructor Content that is considered spam or politically controversial; and
• You agree not to submit any Instructor Content that may be considered: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.

If you have violated any of our Instructor Content Guidelines or if we believe that any Instructor Content may harm the Platform, your access to the Platform may be suspended or terminated.

14. Instructor Content Representations and Warranties

Additionally Instructor represents and warrants the following:  (1) Instructor owns or has properly licensed all Instructor Content provided; (2) the Instructor Content does not and will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; (3) the Instructor Content offered does not violate any US state or federal laws or any third party agreements; (4) Instructor has the sole, exclusive and unencumbered ownership of all rights of every kind and character throughout the universe in and to the Instructor Content and has clear title to any other subsidiary materials contained in the Instructor Content; (5) Instructor has the absolute right to grant to Zutobi, all rights, licenses and privileges granted to or vested in Zutobi under the User and Student Agreement; and (6) Instructor has obtained all clearances and paid all monies necessary for Zutobi to exercise the license granted herein and there will not be any other rights to be cleared or any payments required to be made by Zutobi as a result of any use of the Instructor Content.

15. Monitoring Instructor Content

Zutobi shall have the right, but not the obligation, to monitor all Instructor Content on the Platform at all times, to determine compliance with these Instructor Terms and any guidelines established by us. Without limiting the foregoing, Zutobi shall have the right, but not the obligation, to remove or disable access to any Instructor Content at its sole discretion.

16. Instructor Payments

Where an Instructor offers free Lessons, an Instructor agrees to pay for all costs, fees, and taxes listed when purchasing any subscription to the Platform. Where you have properly paid for a subscription we shall grant you access to the applicable Zutobi Services and Platform. Instructor authorizes Zutobi or its third party payment processors to charge their method of payment on file at the time of purchase. Where applicable, you must agree to our third party payment processors’ terms and conditions for processing payments. All prices are listed in US Dollars.  All information that you provide in connection with a purchase or transaction must be accurate, complete, and current.   Where you have failed to pay or where payments are overdue, Zutobi may suspend or terminate your access to the Platform, without liability to us.

17. Automatic Instructor Subscription Renewals

Where any Zutobi Services offered on the Platform require a subscription and where Instructor has purchased a subscription, your payment information shall be logged for your convenience. IF YOUR ACCOUNT HAS BEEN SET UP FOR AUTOMATIC BILLING, ZUTOBI MAY CHARGE YOU AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR AUTOMATIC PAYMENT VIA YOUR ACCOUNT DASHBOARD. ADDITIONALLY, YOU AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AND AGREE THAT YOUR SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS YOUR INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. YOU AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION.

18. Refunds for Subscription

We want you to be satisfied with the Zutobi Services; however, no refunds will be permitted after the start of your paid subscription. If you have any questions regarding the subscription or our policies, please contact us.

19. Lesson Fees

Through the Platform Students may be able to book a Lesson and pay for Lesson registration fees through the Platform (“Lesson Fees”). Lesson Fees are fees that are actually collected by Zutobi from Student and shall not include fees that: (i) are charged-back by Student; (ii) have failed to process; (iii) have been cancelled; or (iv) otherwise have not been received by Zutobi and/or are returned to Student for any reason. Where any Lesson Fees are collected by Zutobi, Zutobi’s payment processor shall collect any Lesson Fees and shall remit the Lesson Fees minus any deductions after a reasonable period of time in accordance with our payment processor’s remittance policies. Instructor agrees to keep all payment information up-to-date and Zutobi shall not be liable to Instructor for verifying Instructor’s payment information. Zutobi shall deduct the Zutobi Fee (defined below) prior to remitting any Lesson Fee to you.  Instructor agrees to pay all Zutobi Fees as stated within Zutobi’s payment policies. In the event of a dispute between Instructor and Zutobi or between Instructor and a Student, Instructor agrees that Zutobi may at its discretion withhold all Lesson Fees until such dispute is resolved.  

“Zutobi Fees” are defined as fees owed to Zutobi for Instructor’s access to the Zutobi Services or Platform which may include any service and payment processing fees.  Instructor agrees to pay for all Zutobi Fees when using the Zutobi Services.  Additional information regarding all Zutobi Fees may be found within Instructor’s account dashboard or by contacting a Zutobi representative.

20. Lesson Cancellations and Refunds

Lesson refund and cancellations may be selected via Instructor’s account.  In addition to any selections made, Instructor must list clear cancellation and refund policies for any Lessons offered and Instructor is solely responsible for administrating and handling any refund or cancellation requests from a Student.  Any cancellation and refund policies may not supersede or abridge the cancellation and refund settings selected through the Platform. Where a Lesson is canceled an Instructor solely responsible for initiating a refund to any applicable students.  Zutobi shall retain any Zutobi Fees collected during the initial payment process and such Zutobi Fees shall not be remitted to Instructor.  Where requested by a Student, Zutobi reserves the right to refund a Student for any canceled Lesson and may offset such deductions from any Lesson Fees paid to Instructor or any other Lesson Fees owed to Instructor that have yet to be paid. Additionally, where any balance of Zutobi Fees or Lesson Fees is owed due to a refund, Instructor agrees that Zutobi will be entitled to offset or recover the amount of any such refund from Instructor, in any manner, as deemed necessary by Zutobi including by subtracting such refund amount from any future Lesson Fees paid to Instructor.  From time to time, we may have to cancel an already booked Lesson between a Student and an Instructor and Instructor releases us from any liability related to such cancellation, where a Lesson is cancelled by Zutobi all Zutobi Fees shall be refunded to Instructor.

21. Taxes

Where Zutobi does not charge you taxes for any payments, you agree to pay any and all applicable taxes.  In order for Zutobi to comply with United States’ federal and state tax laws, Instructors may be required to submit W-9 forms, 1099 forms, or other tax documents.  Instructor agrees to comply with any requests to submit any tax documentation, as requested by Zutobi and shall reasonably assist Zutobi with any requests related to its tax compliance.   Instructor agrees that Zutobi cannot and will not provide Instructor with any tax advice; any such questions should be directed to Instructor’s tax attorney or other tax professional.

22. Pricing and Price Increases

The pricing for all paid subscriptions or Zutobi Fees is listed on the Zutobi Platform or within your account.  Additionally, Zutobi may increase the price of any paid subscriptions or Zutobi Fees, at our discretion and we reserve the right to do so at any time. In the event of a price increase, Zutobi shall notify you and you will have the chance to accept or reject any price increase. Please notify us if you intend to reject a price increase.  Where you have rejected a price increase, your access to the Platform or these Instructor Terms may be terminated immediately at our discretion. You agree that Zutobi has no obligation to offer any services for the price originally offered to you at sign up.

23.  Instructor Account Holds

From time to time, Zutobi may place a hold (“Hold”) on an Instructor’s account or any payments to Instructor’s account. Some of the reasons that we may place a Hold on Instructor’s account include but are not limited to the following: (1) if we have reason that the Lessons offered or your actions have violated these Instructor Terms, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; (2) at the request of our payment processors; or (3) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your account, or need information about how to resolve the Hold, please contact us. Additionally, we may suspend Instructor’s access to the Platform while such Hold is in place.

24. Additional Invoicing

Where Instructor owes any Zutobi Fees, Zutobi may issue an invoice to Instructor for any Zutobi Fees owed and outstanding.  Upon receipt of an invoice Instructor agrees to pay Zutobi within five (5) business days of receipt.  Failure to timely pay for any issued invoice may result in the immediate suspension or termination of Instructor’s account.  

25. Severability

In the event that a provision of these Instructor Terms is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of these Instructor Terms or any other agreement you may have with Zutobi are deemed to conflict with each other’s operation, Zutobi shall have the sole right to elect which provision remains in force.  Where these Instructor Terms directly conflict with the Zutobi User Terms, these Instructor Terms shall control and supersede.

26. Non-Waiver

We reserve all rights permitted to us under these Instructor Terms as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of these Instructor Terms or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

27. Assignment and Survival

You may not assign your rights and/or obligations under these Instructor Terms to any other party without our prior written consent.  We may assign our rights and/or obligations under these Instructor Terms to any other party at our discretion.  All portions of these Instructor Terms that would reasonably be believed to survive termination shall survive and remain in full force upon termination.

28. Amendments

We may amend these Instructor Terms from time to time.  When we amend these Instructor Terms, we will update this page and indicate the date that it was last modified or we may email you.  You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.

29. Platform Issues

Where you have any questions, issues, or if you are having trouble accessing or using the Platform, please contact us at support@zutobi.com.