Zutobi Villkor

Last Updated: December 17, 2025

These Terms and Conditions ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "User"), and Zutobi AB, Reg. No. 559099-6517, ("Company", "Zutobi", "we", "us", or "our"), concerning your access to and use of the zutobi.com website, the Zutobi iOS and Android mobile application, and any other media form, media channel, or related services offered by us (collectively, the "Services").

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

By creating an account, clicking "I Agree," or by accessing or using the Services, you approve that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with all of these Terms and the Privacy Policy, then you are expressly prohibited from using the Services and you must discontinue use immediately.

If you are using the Services on behalf of a business, organization, or school, you confirm that you are authorized to agree to these Terms on its behalf.

User Definitions:

"Student User" refers to an individual consumer using the Services for personal, non-commercial educational purposes, such as studying for a driver's permit or license test.
"Partner" refers to an entity, including but not limited to educational institutions or businesses (such as driving schools), using the Services for internal business, educational, or commercial purposes, which may include providing access to the Services to its own students, employees, or personnel.

These Terms are divided into several sections. All Users are subject to the General Terms (Section 1).

If you are a Student User, you are also subject to the Terms Applicable to Student Users (Section 2).
If you are a Partner, you are also subject to the Terms Applicable to Partners (Section 3).

Section 1: General Terms (Applicable to All Users)

1.1. Account Registration and Security

To use certain features of the Services, you must register for an account. You agree to: (a) provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete; and (b) maintain the security and privacy of your account credentials and not disclose your password to any third party. You are solely responsible for all activities that occur under your account, whether or not you have authorized such activities. We reserve the right to suspend or terminate your account if you provide inaccurate information or violate these Terms.

1.2. Intellectual Property Rights

The Services and all content published and made available on or through the Services, including, but not limited to, the software, app, curriculum, videos, simulations, guides, images, text, logos, documents, and downloadable files (collectively, "Zutobi Content"), are the property of the Company and its licensors. The Zutobi Content is protected by copyright, trademark, and other laws of the United States, Sweden, and foreign countries. Except as expressly provided in these Terms, the Company and its licensors exclusively own all right, title, and interest in and to the Services and Zutobi Content. You agree not to remove, alter, or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Services or Zutobi Content.

1.3. Acceptable Use

You agree not to use the Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Services in any way that could damage the Services, the business of the Company, or other users. Prohibited behavior includes, but is not limited to:

Harassing, abusing, or threatening others or otherwise violating any person's legal rights.
Violating the intellectual property rights of the Company or any third party.
Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code of the Services.
Uploading or otherwise disseminating any computer viruses or other software that may damage the property of another.
Engaging in any fraudulent activity or posting material that may be deemed inappropriate or offensive.
Using the Services for any purpose other than their intended use.

1.4. User-Generated Content

If you are permitted to post, upload, or otherwise contribute content to the Services ("User-Generated Content"), you represent and warrant that you own all relevant rights to such content. You agree that you are solely responsible for any User-Generated Content you provide and you release the Company from any liability associated with it.

By providing User-Generated Content, you grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, host, store, reproduce, modify, and display such content for the purposes of operating, providing, and improving the Services. The Company has the right, but not the obligation, to monitor and remove any User-Generated Content at its sole discretion.

1.5. Copyright Infringement (DMCA Policy)

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.

1.6. Idea Submission Policy

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.

1.7. Privacy Policy

Our collection and use of personal information in connection with your access to and use of the Services is described in our Privacy Policy, which is incorporated by reference into these Terms. A link to our Privacy Policy can also be found on our website footer, or can be accessed directly at https://zutobi.com/se/privacy.

1.8. Links to Other Websites and Third-Party Services

The Services may contain links to third-party websites or services that are not owned or controlled by Zutobi. Zutobi has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Your use of any third-party website or service is subject to the terms and conditions of that third party. You acknowledge and agree that Zutobi shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

1.9. Modification of Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will update this page and indicate the date that these Terms were last modified by updating the "Last Updated" date, and we may also notify you by email. If we make material changes to these Terms, we will provide you with advance notice where required by applicable law, either by sending an email to the address associated with your account or by posting a notice on our Services. Your continued use of the Services after the effective date of such changes will constitute your acceptance of the updated Terms. If you do not agree to the changes, you must immediately cease using the Services.

1.10. Term and Termination

These Terms shall remain in full force and effect while you use the Services. You may terminate your account at any time by using your account dashboard or by contacting us at support@zutobi.com. We may suspend or terminate your account at our discretion if we determine that you have violated these Terms or any applicable laws, or if we believe your actions may cause legal harm to Zutobi or a third party. Upon termination of your account, your access to the Services may be disabled, and all licenses and other rights granted to you in these Terms will immediately cease. Any payment obligations incurred prior to termination will survive termination.

1.11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.

1.12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED AS SET FORTH IN SECTIONS 2 AND 3 BELOW.

YOU FULLY RELEASE THE COMPANY FROM ALL LIABILITY ARISING FROM, BUT NOT LIMITED TO, PROPERTY DAMAGE, DEATH, OR PERSONAL INJURY RESULTING FROM YOUR DRIVING ABILITIES OR INABILITIES, YOUR INTERACTIONS WITH OTHER USERS, OR YOUR INTERPRETATION OF LEARNING MATERIALS PROVIDED THROUGH THE SERVICES.

1.13. Indemnification

You agree to indemnify, defend, and hold harmless the Company and our directors, officers, agents, employees, subsidiaries, and affiliates from and against any actions, claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees, court costs, and disbursements) arising out of your use of the Services or your violation of these Terms.

1.14. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any choice or conflict of law provision or rule.

Notwithstanding the foregoing, if you are a Student User residing in the United States, these Terms will be governed by the laws of the State of Delaware, without regard to its conflict of law principles, and the Federal Arbitration Act will govern the interpretation and enforcement of the arbitration provisions.

1.15. Dispute Resolution; Mandatory Arbitration

Any dispute, claim, question, or disagreement arising from or relating to these Terms shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the "SCC"). The Rules for Expedited Arbitrations shall apply where the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Rules for Expedited Arbitrations are appropriate. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English.

Notwithstanding the foregoing, if you are a Student User residing in the United States, any dispute arising out of or relating to these Terms shall be determined by arbitration in the State of Delaware before one arbitrator. The arbitration shall be administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules.

PAGA and Class Action Waiver: You and the Company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. 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.

1.16. 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;

1.17. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or agreements published by the Company on the Services (including, for Partners, any Order Form), shall constitute the entire agreement between you and the Company concerning the Services.
Severability: If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Force Majeure / Acts of God: The Company shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Services, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our reasonable control, including, but not limited to, causes attributable to you, inability to access the Services, 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 Services.
Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
Survival: All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Non-Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Electronic Communications: You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
Modification of Services: We reserve the right to alter, modify, update, or remove the Services or any part thereof at any time in our sole discretion, without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
International Users and GDPR: We comply with applicable data protection laws, including the EU General Data Protection Regulation (GDPR). Nothing in these Terms is intended to limit your rights under such laws. If you are a consumer residing outside the United States, you may have additional legal rights, and these Terms will be interpreted to ensure compliance with the mandatory consumer protection laws of your jurisdiction. In particular, consumers in the European Economic Area or the United Kingdom will not be deprived of the protections afforded to them under their local consumer laws.
Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by the Company via email or by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Contact: If you have any questions about these Terms, please contact us at support@zutobi.com or by mail at Zutobi AB, Slottsträdgårdsgatan 5, Gävle, Gävleborgs län 802 66, Sweden.

Section 2: Terms Applicable to Student Users

2.1. Eligibility and Age Requirement

To use the Services as a Student User, you must be at least 13 years of age. If you are under the age of 18, you represent that you have your parent or guardian's permission to use the Services and that they have read and agreed to these Terms on your behalf. The Services are not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13 without verifiable parental consent, we will take steps to delete such information.

2.2. License to Use Services and Content

The Company grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services and Zutobi Content solely for your personal, non-commercial educational purposes. You are expressly prohibited from reselling, sublicensing, redistributing, or using the Services or Zutobi Content for any commercial purpose. You are responsible for obtaining and maintaining all computer hardware, software, and other equipment needed for access to and use of the Services.

2.3. Subscriptions, Payments, and Automatic Renewal

Certain parts of the Services are billed on a subscription basis ("Subscription(s)"). When you purchase a Subscription, you agree that you are entering into a legally binding contract.

Disclosure of Terms: The price, billing interval, and other material terms of your Subscription will be clearly and conspicuously disclosed to you before you complete your purchase.
Automatic Renewal: YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING CYCLE UNLESS YOU CANCEL IT.By purchasing a Subscription, you expressly authorize us (and, where applicable, Apple or Google) to charge your payment method for the initial term and each renewal term until you cancel.
Payment: Payment is charged through your Apple App Store (iTunes), Google Play, or bank account at confirmation of purchase, at the end of any applicable trial period, and at the beginning of each renewal period, as further described in our Subscription Terms.

For more detailed information, please refer to our Subscription Terms, available at https://zutobi.com/se/subscription-terms, which are incorporated into these Terms by reference.

2.4. Cancellation and Refund Policy

You may cancel your free trial or subscription anytime by turning off auto-renewal. Cancellation will take effect at the end of your current paid term, and you will continue to have access to all subscription features for the remaining time of your active subscription period.

If you started the subscription or free trial using Google Play, your Google Play account will be automatically renewed and charged for renewal unless auto-renewal is turned off in your Google Play settings at least 24 hrs before the current subscription period ends (including the free trial period).
If you started the subscription or free trial using Apple's App Store, your Apple ID account will be automatically renewed and charged for renewal unless auto-renewal is turned off in your Apple ID account settings at least 24 hrs before the current subscription period ends (including the free trial period).
If you started the subscription using the payment method on the Zutobi.com Website, your subscription will be automatically renewed and your bank account charged for renewal unless auto-renewal is turned off in your Zutobi Account Settings at least 24 hrs before the current subscription period ends (including the free trial period). You can find your Zutobi Account Settings when logged into your account on zutobi.com. If you need additional help, email directly to support@zutobi.com.

You alone can manage subscriptions purchased through the Apple App Store and Google Play; we cannot cancel these subscriptions on your behalf. Note that deleting the app or your account does not cancel your Subscription(s).

Except when required by law or as otherwise described in our Subscription Terms, paid Subscription fees are non‑refundable.

For more detailed information, please refer to our Subscription Terms, available at https://zutobi.com/se/subscription-terms, which are incorporated into these Terms by reference.

2.5. Pass Guarantee

Certain Subscription plans may be eligible for our Pass Guarantee. The full policy, including all conditions and requirements for eligibility, is available at https://zutobi.com/se/pass-guarantee and is incorporated into these Terms by reference. This guarantee does not affect any statutory rights you may have under applicable consumer protection laws.

2.6. Specific Disclaimers for Educational Content

You acknowledge and agree that all Zutobi Content found on the Services is provided for general informational and educational purposes only.

No Warranty of Accuracy: The Zutobi Content is offered "as-is" and without warranty of any kind. We do not warrant that the information is accurate, complete, or useful. The content may be inaccurate, untimely, or contain errors. Any reliance on the material on the Services is at your own risk.
Consult Official Sources: Zutobi Content should not be relied upon as the sole basis for making decisions. You should always refer to your state's or country's official vehicle code, traffic legislation, and driver's manual for definitive and accurate information.
Not a Substitute for a Complete Driver's Education: The Services, including all courses, video simulations, and other educational materials, are supplementary educational tools. They are not a substitute for, and must be used in conjunction with, a driver's education program that includes both official theoretical materials and practical, behind-the-wheel training from a qualified professional instructor. The Service is not intended to be used as a training tool regarding safe driving or how to avoid an accident.
No Guarantee of Results: The Company does not warrant that the Services will facilitate or enable you to improve your score on any driving exam or enable you to pass that exam.
User Responsibility: You are solely 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.

2.7. Limitation of Liability

Nothing in these Terms is intended to exclude or limit any liability that cannot be excluded or limited under applicable consumer protection law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth in Section 1 may not apply to you.

To the extent that our liability is not fully excluded, and where permitted by law, our total liability to you for any claim arising out of or relating to the Services is limited to the total amount you have paid to us in the six (6) months preceding the event giving rise to the claim.

2.8. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. If you are a California resident, you waive California Civil Code Section 1542, which says: "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."

2.9. Terms for Mobile Applications (App Stores)

The following terms apply when you use a mobile application obtained from either the Apple App Store 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.

Section 3: Terms Applicable to Partners

3.1. Relationship of Parties

These Terms shall not be construed to create any association, partnership, joint venture, employee, or agency relationship between Partner and the Company. The relationship of the parties is that of independent contractors. Partner has no authority to bind the Company and shall not make any agreements or representations on the Company's behalf without prior written consent.

3.2. Appointment and Scope of Services

The specific Services, subscription tiers, number of authorized users, fees, billing model (e.g., recurring subscription, usage-based), and the applicable term for each Service purchased by the Partner will be detailed in a separate ordering document or invoice (each, an "Order Form").

An Order Form is deemed accepted and executed when the Partner signs it or when the Partner pays the corresponding invoice. Each accepted Order Form is incorporated by reference into these Terms and forms part of the agreement between the Partner and the Company. Partner's payment of an invoice constitutes acceptance of the Order Form and agreement to the Services described therein.

3.3. Partner Obligations and Warranties

The Partner represents and warrants that:

It has the full power and authority to enter into these Terms. If accepting these Terms on behalf of an entity, Partner represents it has the authority to bind that entity.
It will conduct its business and offer its instructional services in a professional and diligent manner in accordance with industry best practices and standards, and it has obtained and will maintain all necessary licenses and insurance required to conduct its operations.
It and all its authorized users are at least 18 years of age.
It is exclusively responsible for its use of the Services and for the use of the Services by its authorized users and students.
It will be responsible for its authorized users' compliance with these Terms, including the Acceptable Use Policy.
It will ensure that all of its users (including students and their parents/guardians, as applicable) agree to be bound by these Terms before they are granted access to the Services, and Partner shall be responsible for its users' compliance with these Terms.
It will comply with all applicable laws and regulations in its use of the Services and in the conduct of its business, including but not limited to data privacy laws such as FERPA and COPPA, and marketing communication laws such as the TCPA.

In addition to the above:

Partner Content Guidelines: Partner is solely responsible for the accuracy, quality, and legality of any content it or its users upload to the Services ("Partner Content"). Partner agrees that Partner Content will not contain any confidential information and acknowledges that such content may be viewed by third parties. Partner further agrees not to submit any Partner Content that contains: nudity, sexual, or explicit material; gratuitous violence or content that encourages violence; hate speech; spam; or any other material that is misleading, unlawful, defamatory, or obscene.
Acknowledgement and Indemnity: Partner acknowledges and agrees that all Zutobi Content is provided for general informational and educational purposes only, subject to the disclaimers set forth in Section 2.6. Partner is solely responsible for the manner in which it uses the Zutobi Content in its instructional programs and agrees to inform its own students that the Zutobi Content is a supplement to, and not a substitute for, a complete driver's education program including professional behind-the-wheel training. Partner agrees to indemnify, defend, and hold the Company harmless from any and all claims, damages, or liabilities arising from: (i) any of its students' use of or reliance on the Zutobi Content; (ii) Partner's business operations; (iii) instruction provided by Partner to students; or (iv) any accident or injury involving Partner's vehicles, students, or authorized users. Partner acknowledges that Zutobi provides educational content only and is not responsible for behind-the-wheel safety.

3.4. Partner Policies

Partner is solely responsible for creating, posting, and enforcing its own business policies, including but not limited to a legally compliant privacy policy and any policies regarding lesson registration, refunds, or cancellations. Partner's policies must not conflict with these Terms or attempt to impose any obligation on the Company. The Company shall be a third-party beneficiary to such policies and shall have the right, but not the obligation, to enforce such policies on behalf of the Partner.

3.5. Fees, Invoicing, Payment, and Taxes

Partner shall pay all fees specified in the applicable Order Form, which may include recurring subscription fees and/or transaction fees for use of certain features. All fees are non-cancellable and non-refundable, except as expressly stated in these Terms. Fees will be invoiced in advance and in accordance with the billing frequency stated in the Order Form. Unless otherwise stated, invoiced charges are due net 30 days from the invoice date. Late payments may be subject to interest at a rate of 1.5% per month or the highest rate permitted by law, whichever is lower.

Partner is responsible for any and all applicable taxes. In order for the Company to comply with United States tax laws, the Company may require Partner to provide applicable tax forms (such as a W-9 form). Partner agrees to comply with any such requests in a timely manner. The Company cannot and will not provide tax advice, and Partner is responsible for consulting its own tax professionals.

Partner may, from time to time, add users, features, or otherwise upgrade its subscription tier through its account dashboard or by contacting the Company. Any such modification will be deemed an amendment to the then-current Order Form. Fees for any additional users or services will be calculated on a pro-rata basis for the remainder of the subscription term and will be reflected on the Partner's subsequent invoices. All such charges are subject to the same payment terms and are non-cancellable and non-refundable.

3.6. License Grant and Restrictions

The Company grants the Partner a non-exclusive, non-sublicensable, non-transferable license during the subscription term to:

Access and use the Services specified in the Order Form for the Partner's internal business operations.
Provide its authorized students with access to the Zutobi Content solely for educational purposes as part of the Partner's instructional program. Partner shall not (a) resell, license, or distribute the Services or Zutobi Content to any third party other than providing access to its own students as expressly permitted herein, or (b) use the Services to develop a competing product or service.

3.7. Data Privacy and Security

Data Processing Addendum: The parties agree to comply with the Data Processing Addendum ("DPA"), attached hereto as Appendix A, which is incorporated by reference into these Terms. The DPA governs the processing of any Personal Information provided by the Partner to the Company. You can find it here: https://zutobi.com/us/dpa
FERPA Compliance: To the extent Partner is an educational agency or institution subject to the Family Educational Rights and Privacy Act ("FERPA") and provides the Company with student "education records," the Company acknowledges that for the purposes of FERPA, it is a "school official" with a "legitimate educational interest" in the education records. The Company agrees to be under the direct control of the Partner with respect to the use and maintenance of such education records and will use such records only for the purposes of providing the Services under this Agreement and for no other purpose. The Company will not re-disclose personally identifiable information from education records without the Partner's permission.

3.8. Confidentiality

Each party (the "Receiving Party") agrees that all code, inventions, know-how, business, technical, and financial information it obtains from the disclosing party (the "Disclosing Party") constitute the confidential property of the Disclosing Party ("Confidential Information"). The Receiving Party will hold in confidence and not use or disclose any Confidential Information of the Disclosing Party, except in performance of its obligations under this Agreement.

3.9. Term and Termination

The subscription term shall be as specified in the Order Form. Subscriptions will automatically renew for additional periods equal to the expiring subscription term unless either party gives the other notice of non-renewal at least sixty (60) days before the end of the relevant subscription term. Upon termination or expiration of this Agreement, Partner shall have thirty (30) days to export its Partner Content from the Services, after which the Company may delete all Partner Content.

3.10. Account Holds

The Company may, at its sole discretion, place a hold on a Partner's account or any payments due to the Partner. A hold may be placed if we have reason to believe that the Partner's actions have violated these Terms, may harm our business or a third party, are deceptive or unlawful, or at the request of our payment processors or a court order.

3.11. Limitation of Liability (B2B Specific)

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY PARTNER HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.

3.12. Use of Platform Tools and Features

The Services may include a variety of tools and features to assist Partners in managing their business operations, such as, but not limited to, tools for scheduling, communication, document management, and website creation. The Company provides these tools on an "AS IS" and "AS AVAILABLE" basis and makes no warranties regarding their suitability for the Partner's specific needs. The availability of these tools is subject to the Service Level Agreement in Appendix B. You can find Appendix B terms here: https://zutobi.com/us/sla
The Partner is solely and exclusively responsible for its use of any such tools and for the content, services, and policies it offers to its own students or customers through the Services. This responsibility includes, but is not limited to, proper and safe management of vehicles, verifying the legality and enforceability of any documents signed, and complying with all applicable laws regarding the content published on any website created through the Services.
If a feature connects to or integrates with a third-party service (such as Google Calendar), the Partner's use of that service is governed by the terms and conditions of that third party.