Terms of Service

1. Scope and acceptance of these Terms of Service

1.1 Avidii India Pvt Ltd, with its registered office at No 20, 8th cross, Manjunatha Nagar, Vajarahalli,Bangalore 560062, offers an online platform (hereinafter all software components together the “Platform”) for the provision of “Education as a Service” (EaaS) via web and mobile app (iOS, Android). These EaaS or parts thereof can be provided by independent third parties in their own name and for their own account. The platform for the provision of EaaS may also be provided or operated by avidii’s subsidiaries or subcontractors.

1.2 These Terms of Service apply to all persons registered on the platform as users in their respective user role (hereinafter each or jointly the “Users”). They regulate the rights and obligations of the users to each other and to avidii when visiting the platform and using the functions and services offered on it.

1.3 For the use of the platform by you as a user, these Terms of Service apply exclusively in the respective version (“Version”) as it exists at the time of your registration of your user account or thereafter in an update version provided by avidii in accordance with clause 1.5. Deviating, conflicting or supplementary terms and conditions are only effective if avidii has explicitly agreed to them in writing.

1.4 By registering as a user on the Platform, you confirm that you have read, understood and accepted these Terms of Service. You may only use the Platform if you agree to these Terms of Service.  

1.5 The provisions of these Terms of Service can be changed by avidii without giving reasons (new “version/update”). The entry into force of a new version will be announced on the platform, in your user account and on the publicly accessible website of avidii. Additionally, avidii can inform you about a new version by means of a push notification. If you, as a user, continue to use the Platform and/or Services after the amended Terms of Service come into effect, you will be deemed to have acknowledged and accepted the amendments. The currently valid Terms of Service can be viewed by you and third parties at any time on the publicly accessible avidii website.

2. General definitions and user roles

 

3. Service description of the service (services & functions)

3.1 Who is avidii designed for as a learning coach or learning tutor? In principle, all persons who want to offer services supported by the platform, in particular learning coaching, and who want to use the platform for this purpose can register as a learning coach (see also section 3.2). The offering of services is not only reserved for qualified teachers or persons with learning coaching diplomas. However, by registering on the platform with these Terms of Services, you as a self-employed learning coach confirm that you can provide your learning coaching with the same care and quality that a conscientious learning coach in the same situation would apply when providing learning coaching (cf. general learning coaching standards according to section 2.7 and section 3.4). 

3.2 “What are the benefits? Working on the platform as a learning coach is primarily aimed at students and offers them a highly flexible sideline to their studies. In principle, the platform is also open to other persons according to section 3.1. Only you as a learning coach decide where, when and how much you would like to offer your services on the platform. There are no requirements on the part of avidii. 

3.3 “How is the benefit achieved?” As a learning coach, you have a status button in your user profile with which you can set the time and duration in which you want to offer services at any time, fully autonomously, when and as much as it suits you (“instant availability” according to section 2.6). In addition, you can independently accept or reject each learning request. This means that you remain highly flexible and can optimally plan the provision of services into your daily schedule or even do it spontaneously once in a while. As a learning coach, you acknowledge that the benefit from the learner’s point of view and thus one of the main unique selling points of the platform is that you can receive your services as a learning coach directly on demand, without scheduling.

3.4 “What is the role of avidii?” We operate the platform and support the matching of the demand for services, especially for learning coaching, with the corresponding offer from you as a learning coach. Furthermore, the platform also supports the delivery of services, especially learning sessions. For the safety of learners on the Platform, avidii or third parties designated by us may verify your identification and suitability as a learning coach at any time, subject at all times to clause 3.1 of these Terms of Services.

 

4. Registration, age and residence requirements of users

4.1 The use of the services by you as a user requires your corresponding registration on the platform. In the course of registering on the platform, you as a user agree to the validity of these Terms of Service by checking the checkbox for these Terms of Service and clicking the “Continue” button. These Terms of Service can also be bindingly agreed to if you complete a confirmation step on an online payment service integrated into the platform and the Terms of Service are only made available to you via a link without a checkbox. The use of the platform as a user is exclusively reserved for registered persons. Registration on the platform is free of charge. 

4.2 In the registration process, you as a user must specify either your mobile phone number, email address or a user name in order to log in with it after successful registration (“login data”). The mobile phone number/email address is verified by means of authentication. If you as a user set up your user account by means of a user name, you must also choose a personal password. As a user, you are solely responsible for maintaining the confidentiality of your login data (in particular password) and for any use and activity that emanates from your user account. Furthermore, as a user you may disclose various information about yourself which may be used solely for the purpose of personalising and improving the quality of the services (for more details, see the Privacy Policy under section 13). 

4.3 When registering as a user, you must always provide complete and truthful information and update it in your user account without delay in the event of any changes. As a registered user of the platform, you may not use the services with more than one user account or share the services with third parties (except: if a legal representative (usually the parents) has several children who want to use the platform as learners, it is possible to have their children (learners) displayed and managed in aggregated form with only one user account of the legal representative; or you employ other learning coaches registered on the platform as a learning coach). You may not, as a User, impersonate another person or use a name that is not your own (except for the creation of avatars and fancy names as usernames offered through the Platform’s functionality). It is your responsibility as a user to update your personal information in your user account to keep it current and accurate. You agree as a User not to use another User’s account at any time (for example, by using another User’s mobile phone number and authentication codes sent to it, or another User’s username and personal password) or to disclose your own login details to any third party. You agree as a user not to sell or share or otherwise transfer your rights or obligations under these Terms of Service unless avidii has expressly agreed to do so in writing. You agree to notify avidii immediately if you suspect any unauthorised use or exploitation of your user account, login details or use of the Services from your user account by any third party.

4.4 There is no entitlement to registration on the platform. 

4.5 Registration on the platform is generally possible regardless of age, with the exception of the apps of the platform in the Apple AppStore, for which the user must be at least 13 years old. However, users must be at least 18 years old (legal age of majority) to use or offer paid services, in particular learning coaching, via the platform. If a user has not yet reached the age of majority, the prior consent of the legal representative (legal guardian, usually a parent) is required for the use or provision of chargeable services. For this purpose, the respective legal representative will either also open a user account, which he or she will link to the user account of the minor user, or the legal representative will deposit the means of payment (usually a credit card) directly in the user account of the minor user. In both cases, the legal representative, by accepting these Terms of Service in accordance with section 4.1, assures to fulfil the aforementioned requirements. The consent of the legal representative for a minor user is therefore directly or indirectly linked to his or her user account and henceforth includes all individual offers for the performance of services or acceptances for the use of services, i.e. henceforth a separate consent of the legal representative does not have to be obtained for each individual case (conclusion of a contract for a learning session).

4.6 In principle, you can register as a user for a user account and use the platform and services regardless of the country in which you are domiciled or reside. However, avidii may provide different or different functions and services on the platform for users with residence or domicile outside of India, i.e. for certain countries and jurisdictions, and thus also specific, different terms of service. In this regard, avidii is not obligated to ensure that users domiciled or residing in different countries can interact with each other via the platform or exchange services. In any event, avidii makes no representations or warranties that the features are appropriate for use or access on the Platform or the services available thereon in locations other than India, nor that use of the Platform is lawful under laws other than India laws. 

 

5. Use of Platform

5.1 As a user, in particular as a learning coach, you are responsible for providing the necessary technical requirements (including sufficient internet connection, devices, security software) for your use of the platform. All costs and investments associated with the provision of the technical requirements for use are to be borne by you as the user. avidii does not assume any costs for this.

5.2 The Services and Content of the Platform may also be made available to you as a User via your mobile device (smartphone, tablet, convertible PC, etc.). These features and services may include, but are not limited to: the ability to upload content to the Services, receive messages from the Services, download applications to your mobile device or access features of the Services (collectively, the “Mobile Features”). In addition, your use of the Platform via Mobile Features may incur charges for standard messaging, data transfer, internet, etc. from your mobile carrier/network operator, which will appear on your network operator’s mobile bill. avidii is not responsible for any such fees or charges. Further, your mobile carrier/network operator may prohibit or restrict certain mobile features, and certain mobile features of the Platform may not be compatible with your carrier or mobile device. You can contact your mobile operator/network provider if you have any questions about these issues. If you, as a user, change, delete or cancel your mobile carrier/network operator account, you agree to immediately update your affected user account information on the Platform so that any messages or communications from avidii regarding the Services will continue to be sent to you and not to the person assigned your old number. For each of avidii’s mobile apps, you, the user, agree that the third party store or platform through which avidii’s apps are made available (including but not limited to the Apple AppStore) shall not be liable to the user in connection with avidii’s apps. If You, as a User, use a QR code scanning function of the Services, You are encouraged to verify the accuracy of the scanned code before relying on it.

5.3 avidii’s notifications and attachments therein or information provided via link will be delivered to you as a user via SMS, in-app notification or email to the address you provided when creating your user account or subsequently updated by you. You agree as a user that avidii may contact you, whether by automated or recorded message, using the telephone numbers that you as a user provide to avidii, including your mobile telephone numbers, to otherwise provide the Services. At all times, you as a user are responsible for complying with these Terms of Service, whether or not you have received such notifications by email, SMS, in-app notification or otherwise. Never will avidii ask you, as a user, for your personal information, username and login details (including, without limitation, password) or information about your payment method by email or text message. If you receive such an email or text message purporting to come from avidii, it may be a scam and avidii will not be responsible for any misuse of information you disclose as a result.

5.4 As a matter of principle, avidii makes the platform available for use 24 hours a day, 7 days a week. However, according to the current state of technology, there is no procedure that can guarantee the freedom from errors of software. Therefore, avidii does not guarantee that the software underlying the platform is completely error-free and that there will be no failures of the platform. In addition, the Platform may be temporarily unavailable due to the performance of maintenance. Scheduled maintenance will be announced by avidii in a timely manner on the Platform. However, avidii is not obligated to update the Platform.

5.5 The Platform and the underlying software of avidii are protected by copyright and may not be used or modified beyond the right of use granted in these Terms of Service without the prior written consent of avidii. Likewise, the design of the platform and, in particular, content posted on the platform (e.g. databases, photos, images, logos, videos, texts, graphics, etc.) are protected by copyright or are subject to other laws for the protection of intellectual property and are, unless otherwise indicated, the property of avidii. The production and/or publication of sound and/or image recordings of the platform, functions, services and content that are not directly caused by the functionality of the platform are strictly prohibited.

5.6 The platform can be made interactive by avidii. Users are thus given the opportunity to also create and upload content on the platform, especially during a joint learning session. Such user-created or uploaded content is not subject to review by avidii as to whether it is, for example, potentially unfounded, misleading or false. You agree as a user to provide only truthful information when creating content and to comply with the law and these Terms of Service. You, as a user, may only disclose personal data with the express permission of the person whose data is concerned. avidii reserves the right at any time to delete illegal content or content that does not comply with youth protection laws, in whole or in part.

5.7 avidii may delete or temporarily block the access (user account) of a user to the platform, if avidii has concrete evidence that the user violates or has violated these Terms of Service and/or applicable law. In the case of deletion of a user account or in the case of a temporary blocking, avidii will carry this out and inform the affected user by SMS and/or email. In the case of temporary blocking, avidii will reactivate the user’s access after the period of blocking has expired. In this case avidii informs the user about the unblocking via SMS and/or email. The deletion of a user account cannot be reversed or restored. A new login or registration with a new user account is not permitted, unless avidii has expressly agreed to this in writing.

5.8 As a User, you will refrain from all actions that may infringe the rights of third parties or restrict the functionality of the Platform and/or are against the principles of the protection of minors. As a User, you expressly acknowledge and agree that in particular, but not exclusively, the dissemination of the following content via the Platform is prohibited: a) racist, pornographic, obscene, insulting, vulgar, violence glorifying or trivialising and immoral content; b) insulting, hurtful statements or threats against other users or third parties; c) content that impairs or endangers children or young people in their development or education; d) content which violates human dignity or other protected legal interests; e) content which may induce other users or third parties to commit criminal or otherwise immoral acts; f) copied content to which you as a user have no rights or which has been provided by other registered persons. provided by other registered persons, insofar as these are not exempted by the legally permitted personal use within the scope of the educational purpose of this platform use; g) contents that represent a security risk, such as viruses; h) sending of unsolicited advertising e-mails, junk e-mails, other unsolicited messages, so-called mail bombs, etc. to other users or third parties, as well as the setting of links to third-party sites for advertising or sales purposes.

5.9 The use of tools for data analysis of the contents of the platform is exclusively reserved to avidii and is not permitted to you as a user.

5.10 avidii is entitled at any time to change, restrict or completely discontinue the functions offered via the platform without giving reasons. Significant changes, restrictions or a complete discontinuation of the functions offered will be announced on the platform at an early stage whenever possible.

5.11 A restriction, change or discontinuation of the offered functions on the platform by avidii does not cause a change of these Terms of Service. A change to these Terms of Service by avidii can only be made in accordance with the procedure set out in clause 1.5.

5.12 At any time avidii may contact you as a user by SMS, telephone call and/or email for the purposes of quality assurance of the platform or additional clarification in connection with the platform. 

 

6. Free use and discounted uses

6.1 It is possible and at the sole discretion of both the learning coaches and avidii to offer free trial use of a service that is subject to a fee, in particular learning coaching, for the purpose of advertising the platform and services. The same applies to discounts, vouchers, loyalty programmes, points programmes, raffles, competitions or other promotional incentives for learners or their legal representatives. In the case of free trial or discounted use, avidii may compensate the learning coach, but is not obliged to do so. Conversely, a learning coach cannot be obliged to carry out free trials or discounted use of services. Learning coaches are permitted to advertise the platform and their own services on it at their own discretion and at their own expense, provided that this does not create the impression that a learning coach is acting in the name of, as a representative of, on behalf of or as an employee of avidii. 

6.2 As a user (learner/legal representative) you are not entitled to a free trial. Only a learning coach or avidii determine the content and duration of a service that is provided for free trial use. If you as a user are granted a free trial use of a learning coaching, the trial use is terminated with the end of the learning session without the need for any further termination action by a learning coach or avidii and/or by you as a user (e.g. termination).

6.3 It is possible for both the learning coaches and avidii, and is at their sole discretion on both sides, to offer discounts, bonuses, vouchers, loyalty programmes, points programmes, prize draws, competitions or other promotional incentives for the services on the platform in accordance with clause 6.1. These incentives usually have their own specific rules, restrictions and limitations (e.g. limiting when, how often and under what circumstances you as a User are eligible for the promotion). You, as a user, are responsible for carefully reviewing and complying with these applicable rules, restrictions and limitations. You agree not to engage in self-dealing, collusion, smurfing (defined as splitting large orders or sales transactions into multiple individual transactions to receive multiple discounts or payments) or otherwise gaming or cheating the system. By participating in such promotions, you, the user, agree to be bound by the applicable rules and restrictions and that a learning coach or avidii may, in its sole discretion, deny payment or benefits to the fullest extent of applicable law (e.g., if a learning coach or avidii believes that improper activity has occurred or a code has expired). All promotions may expire at any time without notice to the recipient. 

 

7.  Chargeable use & payment processing

7.1 The services on the platform, in particular learning coaching, are subject to a fee, subject to section 6. Both the payment and the corresponding acceptance of such payments for services which are provided via the platform are possible and permitted as a user exclusively through the functions of the platform or the online payment services integrated therein in accordance with section 7.2. The platform can support various payment models (e.g. pay-as-you-go, subscription, pre-paid). The currently possible payment models can be viewed at any time on the publicly accessible website of avidii as well as on the platform and its integrated online payment services. If the platform can technically support multiple payment models, you as a learning coach are also free to choose which one you want to use to offer your services, especially learning coaching.

7.2 On the platform avidii can integrate one or more online payment services from external providers (e.g. Stripe, PayPal, Twint) for all or individual payment models. By registering on the platform as a user, you agree that this simultaneously opens a user ID for you on the payment account of the platform in an online payment service. The payment account or user ID of you as a user on this online payment service is in accordance with your personal data. You hereby agree as a User that the Online Payment Service may charge transaction fees in accordance with its Terms of Service.

7.3 In the payment model that is charged according to the time actually spent on a service, in particular learning coaching (“pay-as-you-go”), only the measurement of the time by the platform’s systems and the invoicing of the integrated online payment services based on this is binding for all users. The payment obligation begins immediately after the matching between learner and learning coach and ends immediately with the termination or completion of the respective learning session. 

7.4 The platform can automatically only enable mediations of offers and requests at a price proposed by it. The current price suggested by the platform is always visible on the publicly accessible website of avidii, in your profile settings as a user on the platform or in the online payment services integrated into the platform. Instead of this automatic system, you as a learning coach can set a price that is lower or higher than the price suggested by the platform. If a contract for a service, in particular for a learning session in accordance with clause 8.1, is concluded in this way or in another way, avidii is entitled to claim and charge 33.33% (one third) of the price suggested by the platform or of a higher price suggested by the learning coach as a brokerage and usage fee. In any case, the brokerage and usage fee is at least 0.25 CHF (centimes) per minute of learning session.

7.5 The payment model of a subscription (“Subscription”) for Services, for all Users, is not subject to this clause 7 of these Terms of Services, but is subject to separate terms and conditions which may be agreed in consultation with avidii or by separate Terms of Services.

7.6 If a payment model and/or payment method requires the deposit of your credit card (valid and with sufficient limit), you as a user, in the event that a debit is rejected, authorise each individually, independently of each other a) avidii, b) the learning coach concerned and c) the online payment services, without them having to notify you as a user again (unless this is required by law), at their sole discretion: a) to make or debit the same payment again according to the deposited payment method; and/or and/or; b) debit you from another payment model and/or payment method that you, as a User, have deposited on the Platform.

 

8. Rights and obligations between users and between users and avidii

8.1 Learners or their legal representatives can conclude a learning session contract with a learning coach. When the learner clicks on the button “Start learning session” on the platform, he/she makes a binding offer to the learning coach suggested by the platform to conclude a learning session contract and to pay the price required for it in accordance with the payment model selected (e.g. pay-as-you-go, subscription, cf. section 7). The acceptance of this offer takes place as soon as a learning coach accepts a learning session by clicking the button “Accept” (or an equivalent button) and is thereby added to the learner in the learning session on the platform.  

8.2 You as a learning coach, knowing the purpose of the contract (cf. section 3), provide the following services on your own responsibility, in your own name and for your own account in accordance with general learning coaching standards directly to the learners on the platform: a) Competent teaching (including problem discussion, explanations, discussing tasks and supporting the learner in understanding and solving them independently) in the school subjects at the corresponding school level that you specify on the platform in your user account as a learning coach in accordance with sections 3.1 and 3.4; b) Pedagogically and didactically competent teaching activity, which is adapted to the age, the school level and the characteristic learning features of the respective learner; c) Careful and learner-related feedback (including action-oriented feedback, suggestions for improvement) during or at the end of each learning session conducted by you as a learning coach on the platform.

8.3 As a learning coach, you are not subject to any right of instruction or direction on the part of avidii in the provision of your services. 

8.4 As a learning coach, you can accept or reject any request for a learning session by a learner independently and at your own discretion using the platform’s function in the individual case. The rejection of such learning requests has no consequences drawn by avidii. If you as a learning coach reject a request for a learning session, avidii is entitled to substitute another learning coach for the rejected learning session. The same applies if you as a learning coach do not react within a reasonable period of time (“deadline”) in view of the instant availability according to clauses 2.6 and 3.3, i.e. neither accept nor reject a learning request submitted to you within this deadline. The deadline is primarily set by the respective learner in the individual case (learning session request) through his or her behaviour on the platform (“primary deadline”). Secondarily, avidii can set a standardised deadline based on the average of all primary deadlines of the users over a certain period of time if a learner does not react. As a learning coach, you are not entitled to be loaded with learning sessions by avidii, nor to be connected to a specific learner for a learning session.

8.5 The service provision by you as a learning coach is 100% online through distance learning via the platform. As a learning coach, you choose your place of work at your own discretion. As a learning coach, you are not bound by avidii to any fixed times for the provision of your services. Only the learners determine the time and duration of a specific service provision with the respective request for a learning session on the platform.

8.6 As a learning coach, you are responsible for the technical aids to use the platform for your service provision. For this purpose, avidii does not compensate for the purchase, use or wear and tear (all of which are investments) of the necessary technical aids, e.g. internet connection, tablet or convertible PC/laptop (incl. input device).

8.7 As a learning coach, you have the right to offer the same services as you provide independently on the avidii platform outside of the platform or to provide them for third parties. This does not require prior consent from avidii.

8.8 As a learning coach, you hereby authorise avidii to present the expertise you offer and any other data on the platform and to provide you with opportunities for the contractual conclusion of services, in particular learning sessions, via the platform. However, avidii cannot guarantee that learning session contracts will actually be concluded. As a learning coach, you have no claim that avidii will enable you to conclude a learning session contract. 

8.9 The activities / services to be provided by you as a learning coach in accordance with these Terms of Service are considered self-employment under both civil and social insurance law. Upon registration on the platform, your certificate of self-employment can be requested by the AHV compensation fund responsible for you. As a learning coach, you are therefore responsible for settling the contributions for yourself with the competent social security authority (usually the AHV compensation fund). Therefore, avidii does not owe you as a learning coach any social security contributions (AHV, IV, EO, ALV, etc.) or other compensation benefits in case of holidays, illness, accident, disability or death. Likewise, as a learning coach you will not be insured by avidii for occupational benefits (pension fund) or for occupational and non-occupational accidents. If, contrary to the expectations of the parties, the competent social security authority qualifies these terms of service as dependent employment at a later date and claims social security contributions from avidii, you as a learning coach undertake to reimburse these to avidii, to the extent permitted by law, retrospectively against invoicing within 30 days.

8.10 As a user, you agree to notify avidii immediately if you suspect unauthorised use of your user account. If there is a suspicion of unauthorised use of a user account or if you as a user violate applicable legal provisions or these Terms of Service, avidii is entitled to block or delete your user account without further action.

8.11 As a learning coach, you indicate in the course of your registration on the platform in which subject areas (e.g. school subjects, school levels) you can and would like to offer services. If requests for services in a relevant subject area are received from learners via the platform, avidii can notify you as a learning coach; there is no obligation to do so. On the other hand, there is no obligation for you as a learning coach to respond to or accept requests for the provision of a service.

8.12 A learner has no right to be placed with a specific learning coach. Their availability as learning coaches depends exclusively on the presence times you yourself have chosen on the platform and whether you accept a corresponding learning request. 

8.13 All users undertake to maintain confidentiality about business and trade secrets of avidii that have become known to them as well as about personal data of other users, employees of avidii and third parties, even beyond the term of the contract and binding of these Terms of Services. When processing personal data on the platform, users must comply with the regulations on data protection (esp. DSG, DSGVO) as amended from time to time.

8.14 Provided that you as a user accept these Terms of Service and as long as you comply with them in your use, avidii grants you as a user a limited, personal, non-exclusive, revocable and non-transferable licence to use the Platform and create and view Content on the Platform. As a User, you may use the Services and Content on the Platform only for your own personal use. As a user, you agree not to view, copy or obtain any content or information from the Services by any automated means (such as scripts, bots, spiders, crawlers or scrapers) or use any other data mining technology or process to frame, mask or extract any data or other materials on the Platform, Services and Content (other than the standard use of search engines or internet browsers) unless expressly authorised by avidii through a separate written agreement. Content from the Services may not be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted or distributed in any form or by any means, except as willingly supported or permitted by avidii through the functionality of the Platform, or with the prior written permission of avidii, or as expressly provided in these Terms of Service. If you, as a user, download or use the Content via the Platform in accordance with these Terms of Service, you must: (a) leave intact all copyright and other proprietary notices; (b) make no modifications to the Content; and (c) not copy or adapt any object code associated with the Services or reverse engineer, modify or attempt to discover any source code associated with the Platform and its Services (d) not copy or adapt any object code associated with the Services or reverse engineer, modify or attempt to discover any source code associated with the Services, or permit any third party (whether for the benefit of the User or not) to do so. All rights not expressly granted herein are reserved. If you as a user (learner or legal representative) are entitled to a licence to use and access services and content on the Platform under these Terms of Services, you may not share your licence with others (third parties). At any time, avidii may reasonably limit the scope of a User’s access to Services and Content, including limiting the time or number of Services and Content the User accesses or the machines he/she uses to access such Content, in order to prevent unauthorised third party access to or use of such Services and Content.

 

9. Rules of conduct during use

9.1 At avidii, we are committed to learners and their learning outcomes as much as we are to the joy and motivation of learning. We believe that academic integrity is a fundamental part of the learning process and our platform and services are designed to preserve this. Our services are designed to support learning, not replace it. At avidii, we work hard to complement traditional schooling with a range of different tools that are available on demand, 24/7, wherever and whenever learners need them.

9.2 Copying solutions or posting unexplained answers encourages completing tasks without understanding them and this is something we do not encourage in the Services. Our platform, services and content should never be used by a user for any kind of cheating or deception – such as asking for answers to a test or exam, or copying answers found online and submitting them as your own. These actions defeat the purpose of learning and are not fair to anyone. Such misuse of our platform may lead to a user’s exclusion from our platforms.

9.3 At avidii, we are always looking for opportunities to work with educators to make our platform and services a valuable resource for learning coaches and learners. If they would like to contact us about an academic integrity issue, please email us at hello.india@avidii.com (email subject: Educators).

9.4 As a User, you are solely responsible for the content you create and submit on or in connection with our Platform and Services, and for any material or information you make available to other Users in any way. The same applies generally to your interactions with other Users. If you, as a User, create, upload or otherwise make available Content through the Services, you agree to abide by the Community Usage Rules, which specifically prohibit the following use and distribution of Content (hereinafter “Content”): (a) actions that are patently offensive or incite or encourage racism, hatred or physical harm of any kind against any group or individual; (b) actions that harass or advocate harassment of another user or third party; (c) actions that exploit people in a sexual or violent manner or contain nudity, excessive violence or objectionable content or a link to an adult or otherwise objectionable website; d) Post information that poses or creates a privacy or security risk to another user or third party; e) Present or promote information that the user knows to be false or misleading, or promote illegal activities or conduct that is abusive, threatening or obscene, defamatory or libelous; f) Involve commercial activities and/or sales without avidii’s prior written consent, such as. e.g. contests, sweepstakes, barter, advertising, etc. Unauthorised advertising or solicitation of a user or third party to buy or sell products or services not covered by these Terms of Services; g) Contains a photograph or video of another person that you have posted without their consent; h) Acts that violate or attempt to violate any privacy rights, rights of publicity, copyrights, patent rights, trademark rights, contract rights or other rights of any User or third party; i) Circumvents or modifies, attempts to circumvent or modify, or encourages or assists another User in circumventing or modifying any security technology or software that is part of avidii’s Platform and Services; j) engage in any activity that involves the use of viruses, bots, worms or other computer code, or programs that interrupt, destroy or limit the functionality, databases, Services and Content of the Platform or any User’s or third party’s hardware, or otherwise enable the unauthorised use of or access to any computer or computer network; k) modify, copy, distribute, download, scrape or transmit, in whole or in part, any Services and Content of the Platform in any form or by any means. Any automated use of the Services, such as the use of scripts to send messages or post; l) Covering or obscuring any advertising banners and/or security features (e.g. Report Abuse button) on the User’s personal Prole page or the Platform via HTML/CSS or other means; m) Interfere with, disrupt or unreasonably burden the Services or networks or services connected to the Services; n) Engage in activities unrelated to or disruptive of the Services, such as intentionally disseminating false problem-solving, postings, etc.; o) Using the Platform and Services in a manner inconsistent with applicable law; p) Copying solutions or posting unexplained answers encourages completion of tasks without understanding them, and this is something we do not support on the Services.

9.5 You as a user (learner/legal representative) may be permitted by a learning coach or avidii, but only with express written permission, to share certain content on the platform with third parties (“social sharing”) outside the platform. The Services may, for example, allow you as a user to send certain content to friends, to display, share and publish content on your personal website or those of third parties and on your personal profiles on social media. You agree as a user that in doing so you will not give the impression that avidii approves of your personal comments. At any time, avidii reserves the right to revoke permission for social distribution at any time and for any reason, and you, as a user, agree to immediately cease social distribution upon notification by a learning coach or avidii of such revocation and to comply with any terms and conditions avidii may impose in connection with social distribution of content. Similarly, the Services may provide content that you, as a user, can embed by pasting the HTML or other code provided by avidii (usually identified as embed code) into your personal website, third-party website or social network website (“Widgets”). Widgets are avidii content and are subject to the limited, revocable license described above. At any time, avidii may discontinue providing the services necessary to operate the Widgets or disable any Widgets embedded by you, the user, at any time and without any liability to you, the user. You agree that avidii’s permission to use Widgets does not grant you (or any third party) any intellectual property rights in the Widget or any content made available through a Widget.

 

10. Poor or non-performance of learning session contracts

10.1 In the relationship between learning coaches and learners or their legal representatives, the legal provisions regarding the fulfilment or non-fulfilment of contracts apply. The collection and del credere risk is borne by the learning coach as the provider of the services and contracting party of a learner or his/her legal representative. 

10.2 If a learning coach has not fulfilled or poorly fulfilled a learning session contract or parts thereof (e.g. leaving the learning session prematurely, lack of professional competence, inappropriate interaction with the learner), or conversely the learner or his/her legal representative has not fulfilled the learning session contract or parts thereof (e.g. lack of participation/willingness to learn, inappropriate behaviour towards the learning coach), users can send a substantiated complaint to avidii via hello.india@avidii.com (email subject “complaint”). In these cases, avidii can check the quality of the learning session (video recording) and first try to mediate between the learner or legal representative and the learning coach. The learner or his/her legal representative and the learning coach already agree that avidii can decide on the existence and the amount of any claim for existence, refund or reduction of the price, but is not obliged to do so (clause 10.1 remains reserved). 

10.3 In the event of non-fulfilment or poor fulfilment of the learning session contract by the learning coach during an ongoing learning session, the learner can, through the functionality of the platform, send his/her learning request to a new learning coach directly in the learning session, whereby the non-fulfilled learning coach is substituted for this learning request. If the new learning coach accepts the learning request, the learning session contract is transferred to the new learning coach, whereby the non-performing or poorly performing learning coach is not compensated for his/her time of the non-performing learning session contract. 

10.4 The Services and Content on the Platform, in particular the Learning Coaching should not be understood by a User as a substitute for homework, class requirements, assignments and related materials. At no time does avidii guarantee the accuracy or quality of the answers or other learning materials that appear as content on the Services.

 

11. Intellectual property rights, in particular copyright

11.1 As a user, you grant avidii all copyrights as well as the rights to use other related rights to content that you create on the platform within the scope of these Terms of Service (in particular feedback, photos, graphics, texts, audio messages, videos). This includes in particular the granting of the comprehensive, non-exclusive, temporal,

spatial, quantitative and content-related unrestricted rights of use. The transfer of rights is expressly free of charge. Mandatory legal rights of you as a user remain unaffected.

11.2 Unless otherwise expressly stated by avidii, all Content included in or otherwise forming part of the Services, including past, present and future versions, domain names, source and object code, text, website design, logos, graphics, bibliographic and citation information, icons, and the selection, compilation and arrangement thereof, and the “look and feel” of the Services, is owned and controlled or licensed by avidii or our accredited franchisee and third party partners. The Content is protected from unauthorised use, copying and distribution by copyright, trademark, patent and other laws, rules, regulations and treaties. 

11.3 Copyright-protected works of third parties may only be uploaded by users insofar as they are public domain content or for works of scholastic personal use.

 

12. Confidentiality

12.1 As a user, you undertake to keep secret the access data transmitted to you by avidii via your user account. You are responsible for all activities that originate from your user account.

12.2 As a user, you agree that avidii, as the system administrator of the platform, has unrestricted access to the data of your user account. You are also aware as a user that all service provision on the platform (in particular the learning sessions themselves) will be recorded and the recorded content may be made available by avidii to other learners and learning coaches on the platform, whereby avidii respects the protection of personal data at all times.

 

13. Privacy Policy

The protection of your data as a user is a top priority for avidii. As a user, you can find the details in our privacy policy at https://in.avidii.com/privacy-policy/. 

 

14. Liability

14.1 Regardless of the legal grounds, avidii is only liable if damage was caused by avidii due to gross negligence or intent. The liability of avidii for slight negligence – except for personal injury – is excluded. The same applies to avidii’s various agents.

14.2 avidii does not assume any liability for the fulfilment of contractual and other obligations of the learning coaches towards the learners or their legal representatives. In particular, avidii is not liable for the availability of the learning coaches or for any damages of the learner or legal representative arising in connection with the execution of a learning session contract. With regard to the existence or refund of the price of a learning session that has not been fulfilled or has been fulfilled poorly, users may proceed in accordance with clause 10.2. Any claims beyond this must be asserted directly against the user as the contracting party.

14.3 avidii is not liable for the content provided by users on the platform or the content of websites to which a link is established on the platform. The provider of the site to which the learning coach has linked is solely liable for illegal, incorrect or incomplete content and in particular for damages arising from the use or non-use of information provided in this way. The user is therefore solely responsible for critically examining content from other users and third parties and for assessing it on his or her own responsibility.

14.4 The user agrees to fully indemnify and hold avidii harmless in the event that avidii is held liable by other users for claims arising from a learning session contract or by other users or third parties for civil or criminal law, judicial or extrajudicial claims arising from content posted by the user on the platform. The indemnity also includes penalties, damages and all costs of legal defence.

 

15. Deletion of account and termination of contract

15.1 The contractual relationship between avidii and the respective user regarding the use of the platform begins with the successful registration of the user on the platform. Both the user and avidii are entitled to terminate this contractual relationship at any time with immediate effect, in which case the registration as a user must be deleted. A deletion of the user account is conversely considered as a termination of the contract of these Terms of Services.

15.2 In the event of termination of the contract, any credit balances not yet used up will be refunded to the learner or the learning coach will be paid for services rendered up to that point. Clause 7 remains reserved.

 

16. Final provisions, Applicable Law and Place of Jurisdiction

16.1 In the event of any inconsistency between these Terms of Service and any differing written agreements between users and between a user and avidii, the terms of the differing agreements will prevail over these Terms of Service.

16.2 If individual provisions of these Terms of Service are or become invalid, this will not affect the remaining content of the Terms of Service. The invalid provision shall be replaced by a valid provision that is legally valid and comes as close as possible to the economic intentions of the users and avidii.

16.3 These Terms of Service including the Privacy Policy can be made available by avidii in any language. 

16.4 Users may not transfer or assign their respective rights and obligations under these contractual relationships to each other or to avidii to third parties without the written consent of avidii.

16.5 These Terms of Service and all other agreements with avidii are governed exclusively by Indian law. The exclusive place of jurisdiction for disputes arising from this contractual relationship is Bangalore, India.

1. Scope and acceptance of these Terms of Service

1.1 Avidii AG, with its registered office at No 20, 8th cross, Manjunatha Nagar, Vajarahalli, Bangalore 560062, (hereinafter referred to as “avidii”), offers an online platform (hereinafter all software components together the “Platform”) for the provision of “Education as a Service” (EaaS) via web and mobile app (iOS, Android). These EaaS or parts thereof can be provided by independent third parties in their own name and for their own account. The platform for the provision of EaaS may also be provided or operated by avidii’s subsidiaries or subcontractors.

1.2 These Terms of Service apply to all persons registered on the platform as users in their respective user role (hereinafter each or jointly the “Users”). They regulate the rights and obligations of the users to each other and to avidii when visiting the platform and using the functions and services offered on it.

1.3 For the use of the platform by you as a user, these Terms of Service apply exclusively in the respective version (“Version”) as it exists at the time of your registration of your user account or thereafter in an update version provided by avidii in accordance with clause 1.5. Deviating, conflicting or supplementary terms and conditions are only effective if avidii has explicitly agreed to them in writing.

1.4 By registering as a user on the Platform, you confirm that you have read, understood and accepted these Terms of Service. You may only use the Platform if you agree to these Terms of Service.  

1.5 The provisions of these Terms of Service can be changed by avidii without giving reasons (new “version/update”). The entry into force of a new version will be announced on the platform, in your user account and on the publicly accessible website of avidii. Additionally, avidii can inform you about a new version by means of a push notification. If you, as a user, continue to use the Platform and/or Services after the amended Terms of Service come into effect, you will be deemed to have acknowledged and accepted the amendments. The currently valid Terms of Service can be viewed by you and third parties at any time on the publicly accessible avidii website.

 

2. General definitions and user roles

2.1 “Services” means all educational services, in particular those provided by a self-employed learning coach to a learner (“Learning Coaching”), which are related to your user account as a user and the functions on the Platform.

2.2 “Third parties” in the sense of these Terms of Service are all natural or legal persons who are different from the person registered as a user and from avidii, even if private, family, legal and/or economic relations should exist between the user and such a person.

2.3 “Legal representative” (legal guardian, usually the parents) means a person who is legally authorised to act in a legally binding manner on behalf of one or more underage users and, among other things, to authorise them to use or offer chargeable services on the platform (as a lump sum) and to view and decide on certain content on the platform belonging to them. 

2.4 “Feedback” means all feedback at factual and personal level that learners and learning coaches provide to each other during or at the end of a learning session.

2.5 “Content” means any text, graphics, images, software, audio, video, information or other files or materials on the Platform created or uploaded by Users and/or avidii on the Platform.

2.6 “Instant availability” refers to the technological function as well as the expectation and corresponding behaviour of users on the platform so that learners and learning coaches can start a learning session as quickly as possible, even spontaneously, without an appointment.

2.7 “Learning coaching standards” means general standards of action for learning coaches, not related to the specific performance of services to learners, as derived from scientifically and practically proven pedagogy, didactics and methodology.

2.8 “Learning coach” means a self-employed person as a user who offers services, in particular learning coaching for learners, in his or her own name and for his or her own account via the platform and uses the functions of the platform to arrange and perform these services.

2.9 “Learner” means a person as a user who requests and uses services, in particular learning coaching, for themselves via the Platform.

2.10 “Learning Session” means all content and the period of time during which Learning Coaching is provided by a Learning Coach to a Learner.

2.11 “Users” are persons who have created a user account on the Platform with at least one of the following user roles: as a) learner; b) legal representative; and/or c) learning coach (hereinafter all three “User Roles“). They may have more than one user role in their user account on the Platform.

2.12 “User Account” means their personal user profile depending on the user role(s) they have created by registering as a User or thereafter on the Platform in accordance with these Terms of Service.

2.13 “Matching” refers to the function of the platform that matches learners as immediately as possible (“instant”, cf. 2.6) to their learning request with a learning coach available at that time for a learning session.

2.14 “Learning Coaching” means that part of the Services where a Learning Coach delivers a 1:1 Learning Session to a Learner face-to-face in accordance with Clauses 9.3 and 9.4 of these Terms of Services. 

 

3.  Service description of the service

3.1 “Who is avidii designed for as a learner? The services, in particular the learning coaching, on the platform are specifically designed for students of compulsory education (primary and lower secondary level) as well as for upper secondary level (apprenticeship, vocational certificate, Matura schools (cantonal schools, grammar schools) and Fachmittelschulen (FMS)).

3.2 “What is the benefit?” The Swiss school system is based on one curriculum per subject. Teachers teach classes of about 20 pupils in lessons of 45 minutes. The school levels with their respective required knowledge and skills build on each other. This system automatically leads to a certain condensation of the school material to be taught and a general pace in the school lessons that the whole class has to follow. However, every child learns at different speeds and in different ways. It is therefore not surprising that many learners systematically build up learning gaps in individual school subjects that are more difficult for them to access, often resulting in unsatisfactory grades. As a result, many learners lose the joy and motivation of learning. The benefit of avidii is to compensate as much as possible for the inherent lack of time and personal support in learning for each individual student. The personal 1:1 learning coaching makes it possible to respond much more individually to the individual student. This enables learners to close their learning gaps promptly, ideally when they are not yet (too) big, so that they do not lose their connection in school and, above all, their joy and motivation in learning does not suffer. The aim is to use the services to improve the learning situation of the individual learners as a whole and also to take into account different socio-economic preconditions and possibilities of family circumstances. We live in a meritocracy where school grades are the supposed measure of performance for students. We at avidii are of the opinion that the decisive prerequisite for good school grades is the joy and motivation to learn. This is the ultimate goal of avidii.

3.3 “How will the benefit be achieved? The platform allows students to initiate their own personal 1:1 comprehension coaching. Whenever possible, a learning coach is made available on demand, exactly at the time when the learner is stuck on a school assignment or a question on a school topic. In this way, the learning effect is greatest, because the learner does not have to wait several days with his/her questions and comprehension problems or even do without them until he/she is offered an explanation that is suitable for his/her individual learning level. Learning support can thus be provided while the student is still learning for school at home and does not come at the expense of (even more) free time for the student. The services and functions of the platform support a learning experience that is as personalised and individual as possible, as well as self-determined learning and a sustainable learning effect for the individual learner. 

3.4 “What is the role of avidii?” We operate the platform and support the matching of the demand for services, especially for learning coaching, with the corresponding offer of learning coaches. Furthermore, the platform also supports the delivery of services, especially learning sessions. For the safety of learners on the platform, avidii or third parties designated by us can check the identification and suitability of a learning coach at any time.

 

4. Registration, age and residence requirements of users

4.1 The use of the services by you as a user requires your corresponding registration on the platform. In the course of registering on the platform, you as a user agree to the validity of these Terms of Service by checking the checkbox for these Terms of Service and clicking the “Continue” button. These Terms of Service can also be bindingly agreed to if you complete a confirmation step on an online payment service integrated into the platform and the Terms of Service are only made available to you via a link without a checkbox. The use of the platform as a user is exclusively reserved for registered persons. Registration on the platform is free of charge. 

4.2 In the registration process, you as a user must specify either your mobile phone number, email address or a user name in order to log in with it after successful registration (“login data”). The mobile phone number/email address is verified by means of authentication. If you as a user set up your user account by means of a user name, you must also choose a personal password. As a user, you are solely responsible for maintaining the confidentiality of your login data (in particular password) and for any use and activity that emanates from your user account. Furthermore, as a user you may disclose various information about yourself which may be used solely for the purpose of personalising and improving the quality of the services (for more details, see the Privacy Policy under section 13). 

4.3 When registering as a user, you must always provide complete and truthful information and update it in your user account without delay in the event of any changes. As a registered user of the platform, you may not use the services with more than one user account or share the services with third parties (except: if a legal representative (usually the parents) has several children who want to use the platform as learners, it is possible to have their children (learners) displayed and managed in aggregated form with only one user account of the legal representative; or you employ other learning coaches registered on the platform as a learning coach). You may not, as a User, impersonate another person or use a name that is not your own (except for the creation of avatars and fancy names as usernames offered through the Platform’s functionality). It is your responsibility as a user to update your personal information in your user account to keep it current and accurate. You agree as a User not to use another User’s account at any time (for example, by using another User’s mobile phone number and authentication codes sent to it, or another User’s username and personal password) or to disclose your own login details to any third party. You agree as a user not to sell or share or otherwise transfer your rights or obligations under these Terms of Service unless avidii has expressly agreed to do so in writing. You agree to notify avidii immediately if you suspect any unauthorised use or exploitation of your user account, login details or use of the Services from your user account by any third party. 

4.4 There is no entitlement to registration on the platform. 

4.5 Registration on the platform is generally possible regardless of age, with the exception of the apps of the platform in the Apple AppStore, for which the user must be at least 13 years old. However, users must be at least 18 years old (legal age of majority) to use or offer paid services, in particular learning coaching, via the platform. If a user has not yet reached the age of majority, the prior consent of the legal representative (legal guardian, usually a parent) is required for the use or provision of chargeable services. For this purpose, the respective legal representative will either also open a user account, which he or she will link to the user account of the minor user, or the legal representative will deposit the means of payment (usually a credit card) directly in the user account of the minor user. In both cases, the legal representative, by accepting these Terms of Service in accordance with section 4.1, assures to fulfil the aforementioned requirements. The consent of the legal representative for a minor user is therefore directly or indirectly linked to his or her user account and henceforth includes all individual offers for the performance of services or acceptances for the use of services, i.e. henceforth a separate consent of the legal representative does not have to be obtained for each individual case (conclusion of a contract for a learning session).

4.6 In principle, you can register as a user for a user account and use the platform and services regardless of the country in which you are domiciled or reside. However, avidii may provide different or different functions and services on the platform for users with residence or domicile outside of India, i.e. for certain countries and jurisdictions, and thus also specific, different terms of service. In this respect, avidii is not obliged to allow users with residence or domicile in different countries to interact with each other via the platform or to exchange services. In any event, avidii makes no representations or warranties that the features are appropriate for use or access on the Platform or the services available thereon in locations other than India, nor that use of the Platform is lawful under laws other than Indian laws. 

 

5. Use of Platform

5.1 As a user, in particular as a learning coach, you are responsible for providing the necessary technical requirements (including sufficient internet connection, devices, security software) for your use of the platform. All costs and investments associated with the provision of the technical requirements for use are to be borne by you as the user. avidii does not assume any costs for this.

5.2 The Services and Content of the Platform may also be made available to you as a User via your mobile device (smartphone, tablet, convertible PC, etc.). These features and services may include, but are not limited to: the ability to upload content to the Services, receive messages from the Services, download applications to your mobile device or access features of the Services (collectively, the “Mobile Features”). In addition, your use of the Platform via Mobile Features may incur charges for standard messaging, data transfer, internet, etc. from your mobile carrier/network operator, which will appear on your network operator’s mobile bill. avidii is not responsible for any such fees or charges. Further, your mobile carrier/network operator may prohibit or restrict certain mobile features, and certain mobile features of the Platform may not be compatible with your carrier or mobile device. You can contact your mobile operator/network provider if you have any questions about these issues. If you, as a user, change, delete or terminate your mobile carrier/network operator account, you agree to immediately update your affected user account information on the Platform so that any messages or communications from avidii regarding the Services will continue to be sent to you and not to the person assigned your old number. For each of avidii’s mobile apps, you, the user, agree that the third party store or platform through which avidii’s apps are made available (including but not limited to the Apple AppStore) shall not be liable to the user in connection with avidii’s apps. If You, as a User, use a QR code scanning function of the Services, You are encouraged to verify the accuracy of the scanned code before relying on it.

5.3 avidii’s notifications and attachments therein or information provided via link will be delivered to you as a user via SMS, in-app notification or email to the address you provided when creating your user account or subsequently updated by you. You agree as a user that avidii may contact you, whether by automated or recorded message, using the telephone numbers that you as a user provide to avidii, including your mobile telephone numbers, to otherwise provide the Services. At all times, you as a user are responsible for complying with these Terms of Service, whether or not you have received such notifications by email, SMS, in-app notification or otherwise. Never will avidii ask you, as a user, for your personal information, username and login details (including, without limitation, password) or information about your payment method by email or text message. If you receive such an email or text message purporting to come from avidii, it may be a scam and avidii will not be responsible for any misuse of information you disclose as a result.

5.4 As a matter of principle, avidii makes the platform available for use 24 hours a day, 7 days a week. However, according to the current state of technology, there is no procedure that can guarantee the freedom from errors of software. Therefore, avidii does not guarantee that the software underlying the platform is completely error-free and that there will be no failures of the platform. In addition, the Platform may be temporarily unavailable due to the performance of maintenance. Scheduled maintenance will be announced by avidii in a timely manner on the Platform. However, avidii is not obligated to update the Platform.

5.5 The Platform and the underlying software of avidii are protected by copyright and may not be used or modified beyond the right of use granted in these Terms of Service without the prior written consent of avidii. Likewise, the design of the platform and, in particular, content posted on the platform (e.g. databases, photos, images, logos, videos, texts, graphics, etc.) are protected by copyright or are subject to other laws for the protection of intellectual property and are, unless otherwise indicated, the property of avidii. The production and/or publication of sound and/or image recordings of the platform, functions, services and content that are not directly caused by the functionality of the platform are strictly prohibited.

5.6 The platform can be made interactive by avidii. Users are thus given the opportunity to also create and upload content on the platform, especially during a joint learning session. Such user-created or uploaded content is not subject to review by avidii as to whether it is, for example, potentially unfounded, misleading or false. You agree as a user to provide only truthful information when creating content and to comply with the law and these Terms of Service. You, as a user, may only disclose personal data with the express permission of the person whose data is concerned. avidii reserves the right at any time to delete illegal content or content that does not comply with youth protection laws, in whole or in part.

5.7 avidii may delete or temporarily block the access (user account) of a user to the platform, if avidii has concrete evidence that the user violates or has violated these Terms of Service and/or applicable law. In the case of deletion of a user account or in the case of a temporary blocking, avidii will carry this out and inform the affected user by SMS and/or email. In the case of temporary blocking, avidii will reactivate the user’s access after the period of blocking has expired. In this case avidii informs the user about the unblocking via SMS and/or email. The deletion of a user account cannot be reversed or restored. A new login or registration with a new user account is not permitted, unless avidii has expressly agreed to this in writing.

5.8 As a User, you will refrain from all actions that may infringe the rights of third parties or restrict the functionality of the Platform and/or are against the principles of the protection of minors. As a User, you expressly acknowledge and agree that in particular, but not exclusively, the dissemination of the following content via the Platform is prohibited: a) racist, pornographic, obscene, insulting, vulgar, violence glorifying or trivialising and immoral content; b) insulting, hurtful statements or threats against other users or third parties; c) content that impairs or endangers children or young people in their development or education; d) content which violates human dignity or other protected legal interests; e) content which may induce other users or third parties to commit criminal or otherwise immoral acts; f) copied content to which you as a user have no rights or which has been provided by other registered persons. provided by other registered persons, insofar as these are not exempted by the legally permitted personal use within the scope of the educational purpose of this platform use; g) contents that represent a security risk, such as viruses; h) sending of unsolicited advertising e-mails, junk e-mails, other unsolicited messages, so-called mail bombs, etc. to other users or third parties, as well as the setting of links to third-party sites for advertising or sales purposes.

5.9 The use of tools for data analysis of the contents of the platform is exclusively reserved to avidii and not permitted to you as a user.

5.10 avidii is entitled at any time to change, restrict or completely discontinue the functions offered via the platform without giving reasons. Significant changes, restrictions or a complete discontinuation of the functions offered will be announced on the platform at an early stage whenever possible.

5.11 A restriction, change or discontinuation of the offered functions on the platform by avidii does not cause a change of these Terms of Service. A change to these Terms of Service by avidii can only be made in accordance with the procedure set out in clause 1.5.

5.12 At any time avidii may contact you as a user by SMS, telephone call and/or email for the purposes of quality assurance of the platform or additional clarification in connection with the platform.  

 

6. Free trial use and discounted uses

6.1 It is possible and at the sole discretion of both the learning coaches and avidii to offer free trial use of a service that is subject to a fee, in particular learning coaching, for the purpose of advertising the platform and services. The same applies to discounts, vouchers, loyalty programmes, points programmes, raffles, competitions or other promotional incentives for learners or their legal representatives. In the case of free trial or discounted use, avidii may compensate the learning coach, but is not obliged to do so. Conversely, a learning coach cannot be obliged to carry out free trials or discounted use of services. Learning coaches are permitted to advertise the platform and their own services on it at their own discretion and at their own expense, provided that this does not create the impression that a learning coach is acting in the name of, as a representative of, on behalf of or as an employee of avidii. 

6.2 As a user (learner/legal representative) you are not entitled to a free trial. Only a learning coach or avidii determine the content and duration of a service that is provided for free trial use. If you as a user are granted a free trial use of a learning coaching, the trial use is terminated with the end of the learning session without the need for any further termination action by a learning coach or avidii and/or by you as a user (e.g. termination).

6.3 It is possible for both the Learning Coaches and avidii, and at their sole discretion, to offer discounts, bonuses, vouchers, loyalty programmes, points programmes, prize draws, competitions or other promotional incentives for the Services on the Platform in accordance with clause 6.1. These incentives usually have their own specific rules, restrictions and limitations (e.g. limiting when, how often and under what circumstances you as a User are eligible for the promotion). You, as a User, are responsible for carefully reviewing and complying with these applicable rules, restrictions and limitations. You agree not to engage in self-dealing, collusion, smurfing (defined as splitting large orders or sales transactions into multiple individual transactions to receive multiple discounts or payments) or otherwise gaming or cheating the system. By participating in such promotions, you, the user, agree to be bound by the rules and restrictions applicable from time to time and that a learning coach or avidii may, in its sole discretion, deny payment or benefits to the fullest extent of applicable law (e.g., if a learning coach or avidii believes that improper activity has occurred or a code has expired). All promotions may expire at any time without notice to the recipient.

 

7. Chargeable Use 

7.1 The services on the platform, in particular learning coaching, are subject to a fee, subject to section 6. Both the payment and the corresponding acceptance of such payments for services which are provided via the platform are possible and permitted as a user exclusively through the functions of the platform or the online payment services integrated therein in accordance with section 7.2. The platform can support various payment models (e.g. pay-as-you-go, subscription, pre-paid). The currently possible payment models can be viewed at any time on the publicly accessible website of avidii as well as on the platform and its integrated online payment services. If the platform can technically support multiple payment models, you as a user are free to choose which one you want to use to obtain your services, especially learning coaching.

7.2 On the platform avidii can integrate one or more online payment services from external providers (e.g. Stripe, PayPal, Twint) for all or individual payment models. By registering on the platform as a user, you agree that this simultaneously opens a user ID for you on the payment account of the platform in an online payment service. The payment account or user ID of you as a user on this online payment service is in accordance with your personal data. You hereby agree as a User that the Online Payment Service may charge transaction fees in accordance with its Terms of Service.

7.3 In the payment model that is charged according to the time actually spent on a service, in particular learning coaching (“pay-as-you-go”), only the measurement of the time by the platform’s systems and the invoicing of the integrated online payment services based on this is binding for all users. The payment obligation begins immediately after the matching between learner and learning coach and ends immediately with the termination or completion of the respective learning session. 

7.4 The platform can automatically only enable mediations of offers and requests at a price proposed by it. The current price suggested by the platform is always visible on the publicly accessible website of avidii, in your profile settings as a user on the platform or in the online payment services integrated into the platform. Instead of this automatic system, a learning coach may also propose a price to you as a user that is lower or higher than the price proposed by the platform. If a contract for a service, in particular for a learning session in accordance with section 8.1, is concluded in this way or in another way, avidii is entitled to claim and charge 33.33% (one third) of the price suggested by the platform or of a price set higher by the learning coach as a brokerage and usage fee. In any case, the brokerage and usage fee is at least 0.25 CHF (centimes) per minute of learning session.

7.5 The payment model of a subscription (“Subscription”) for Services, for all Users, is not subject to this clause 7 of these Terms of Services, but is subject to separate terms and conditions which may be agreed in consultation with avidii or by separate Terms of Services.

7.6 If a payment model and/or payment method requires the deposit of your credit card (valid and with sufficient limit), you as a user, in the event that a debit is rejected, authorise each individually, independently of each other a) avidii, b) the learning coach concerned and c) the online payment services, without them having to notify you as a user again (unless this is required by law), at their sole discretion: a) to make or debit the same payment again according to the deposited payment method; and/or and/or; b) debit you from another payment model and/or payment method that you, as a User, have deposited on the Platform.

 

8. Rights and obligations between users and between users and avidii

8.1 You as a learner or your legal representative can conclude a learning session contract with a learning coach. When you as a learner click the button “Start learning session” on the platform, you make a binding offer to the learning coach suggested by the platform to conclude a learning session contract and to pay the required price in accordance with the payment model selected by you (e.g. pay-as-you-go, subscription, see section 7). Your offer is accepted as soon as a learning coach accepts a learning session by clicking the button “Accept” (or an equivalent button) and is thereby added to you as a learner(s) in the learning session on the platform.  

8.2 Knowing the purpose of the contract (see section 3), the learning coach provides the following services directly to you as a learner on the platform on his own responsibility, in his own name and for his own account in accordance with general learning coaching standards: a) Competent teaching (including discussing problems, explanations and helping the learner to understand and solve problems independently) in the school subjects at the relevant school level; b) Competent teaching (e.g. discussion of problems, explanations, discussing tasks and supporting the learner in understanding and solving them independently) in the school subjects at the appropriate school level, which you indicate on the platform in your user account as a learning coach in accordance with sections 3.1 and 3.4; c) Pedagogically and didactically competent teaching activity, which is adapted to the age, the school level and the characteristic learning features of you as a learner; d) Careful feedback related to you as a learner (including action-oriented feedback, suggestions for improvement) during or at the end of your learning session on the platform.

8.3 As a learner, you are responsible for the technical aids required to use the platform. For this purpose, avidii does not compensate for the purchase, use or wear and tear (all of which are investments) of the necessary technical aids, e.g. internet connection, tablet or convertible PC/laptop (incl. input device).

8.4 As a learner, you hereby authorise avidii to display the data provided by you in connection with the use of services on the platform and to provide you with opportunities for the contractual conclusion of services, in particular learning sessions, via the platform. However, avidii cannot guarantee that learning session contracts will actually be concluded. In the payment model, which is only charged after the time actually spent on a service (“pay-as-you-go”), you as a user have no claim that avidii will enable you to conclude a learning session contract. 

8.5 As a user, you agree to notify avidii immediately if you suspect unauthorised use of your user account. If there is a suspicion of unauthorised use of a user account or if you as a user violate applicable legal provisions or these Terms of Service, avidii is entitled to block or delete your user account without further action.

8.6 A learner has no right to be referred to a specific learning coach. The availability of a learning coach depends exclusively on the presence times selected by the coach on the platform and whether the coach accepts a corresponding learning request. 

8.7 All users undertake to maintain confidentiality about business and trade secrets of avidii that have become known to them as well as about personal data of other users, employees of avidii and third parties, even beyond the term of the contract and binding of these Terms of Services. When processing personal data on the platform, users must comply with the regulations on data protection (esp. DSG, DSGVO) as amended from time to time.

8.8 Provided that you as a user accept these Terms of Service and as long as you comply with them in your use, avidii grants you as a user a limited, personal, non-exclusive, revocable and non-transferable licence to use the Platform and create and view Content on the Platform. As a User, you may use the Services and Content on the Platform only for your own personal use. As a user, you agree not to view, copy or obtain any content or information from the Services by any automated means (such as scripts, bots, spiders, crawlers or scrapers) or use any other data mining technology or process to frame, mask or extract any data or other materials on the Platform, Services and Content (other than the standard use of search engines or internet browsers) unless expressly authorised by avidii through a separate written agreement. Content from the Services may not be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted or distributed in any form or by any means, except as willingly supported or permitted by avidii through the functionality of the Platform, or with the prior written permission of avidii, or as expressly provided in these Terms of Service. If you, as a user, download or use the Content via the Platform in accordance with these Terms of Service, you must: (a) leave intact all copyright and other proprietary notices; (b) make no modifications to the Content; and (c) not copy or adapt any object code associated with the Services or reverse engineer, modify or attempt to discover any source code associated with the Platform and its Services (d) not copy or adapt any object code associated with the Services or reverse engineer, modify or attempt to discover any source code associated with the Services, or permit any third party (whether for the benefit of the User or not) to do so. All rights not expressly granted herein are reserved. If you as a user (learner or legal representative) are entitled under these Terms of Services to a licence to use and access services and content on the Platform, you may not share your licence with others (third parties). At any time, avidii may reasonably limit the scope of a User’s access to Services and Content, including limiting the time or number of Services and Content the User accesses or the machines he/she uses to access such Content, in order to prevent unauthorised third party access to or use of such Services and Content.

 

9. Rules of conduct during use 

9.1 At avidii, we are committed to you as a learner and to your learning outcomes as well as to the enjoyment and motivation of learning. We believe that academic integrity is a fundamental part of the learning process and our platform and services are designed to preserve this. Our services are designed to support learning, not replace it. At avidii, we work hard to complement traditional schooling with a range of different tools that are available on demand, 24/7, wherever and whenever learners need them.

9.2 Copying solutions or posting unexplained answers encourages completing tasks without understanding them and this is something we do not encourage in the Services. Our platform, services and content should never be used by a user for any kind of cheating or deception – such as asking for answers to a test or exam, or copying answers found online and submitting them as your own. These actions defeat the purpose of learning and are not fair to anyone. Such misuse of our platform may lead to a user’s exclusion from our platforms.

9.3 At avidii, we are always looking for opportunities to work with educators to make our platform and services a valuable resource for learning coaches and learners. If they would like to contact us about an academic integrity issue, please email us at hello.india@avidii.com (email subject: Educators).

9.4 As a User, you are solely responsible for the content you create and submit on or in connection with our Platform and Services and for any material or information you make available to other Users in any way. The same applies generally to your interactions with other Users. If you, as a User, create, upload or otherwise make available Content through the Services, you agree to abide by the Community Usage Rules, which specifically prohibit the following use and distribution of Content (hereinafter “Content”): (a) actions that are patently offensive or incite or encourage racism, hatred or physical harm of any kind against any group or individual; (b) actions that harass or advocate harassment of another user or third party; (c) actions that exploit people in a sexual or violent manner or contain nudity, excessive violence or objectionable content or a link to an adult or otherwise objectionable website; d) Post information that poses or creates a privacy or security risk to another user or third party; e) Present or promote information that the user knows to be false or misleading, or promote illegal activities or conduct that is abusive, threatening or obscene, defamatory or libelous; f) Involve commercial activities and/or sales without avidii’s prior written consent, such as. e.g. contests, sweepstakes, barter, advertising, etc. Unauthorised advertising or solicitation of a user or third party to buy or sell products or services not covered by these Terms of Services; g) Contains a photograph or video of another person that you have posted without their consent; h) Acts that violate or attempt to violate any privacy rights, rights of publicity, copyrights, patent rights, trademark rights, contract rights or other rights of any User or third party; i) Circumvents or modifies, attempts to circumvent or modify, or encourages or assists another User in circumventing or modifying any security technology or software that is part of avidii’s Platform and Services; j) engage in any activity that involves the use of viruses, bots, worms or other computer code, or programs that interrupt, destroy or limit the functionality, databases, Services and Content of the Platform or any User’s or third party’s hardware, or otherwise enable the unauthorised use of or access to any computer or computer network; k) modify, copy, distribute, download, scrape or transmit, in whole or in part, any Services and Content of the Platform in any form or by any means. Any automated use of the Services, such as the use of scripts to send messages or post; l) Covering or obscuring any advertising banners and/or security features (e.g. Report Abuse button) on the User’s personal Prole page or the Platform via HTML/CSS or other means; m) Interfere with, disrupt or unreasonably burden the Services or networks or services connected to the Services; n) Engage in activities unrelated to or disruptive of the Services, such as intentionally disseminating false problem-solving, postings, etc.; o) Using the Platform and Services in a manner inconsistent with applicable law; p) Copying solutions or posting unexplained answers encourages completion of tasks without understanding them, and this is something we do not support on the Services.

9.5 You as a user (learner/legal representative) may be permitted by a learning coach or avidii, but only with express written permission, to share certain content on the platform with third parties (“social sharing”) outside the platform. The Services may, for example, allow you as a user to send certain content to friends, to display, share and publish content on your personal website or those of third parties and on your personal profiles on social media. You agree as a user that in doing so you will not give the impression that avidii approves of your personal comments. At any time, avidii reserves the right to revoke permission for social distribution at any time and for any reason, and you, as a user, agree to immediately cease social distribution upon notification by a learning coach or avidii of such revocation and to comply with any terms and conditions avidii may impose in connection with social distribution of content. Similarly, the Services may provide content that you, as a user, can embed by pasting the HTML or other code provided by avidii (usually identified as embed code) into your personal website, third-party website or social network website (“Widgets”). Widgets are avidii content and are subject to the limited, revocable license described above. At any time, avidii may discontinue providing the services necessary to operate the Widgets or disable any Widgets embedded by you, the user, at any time and without any liability to you, the user. You agree that avidii’s permission to use Widgets does not grant you (or any third party) any intellectual property rights in the Widget or any content made available through a Widget.

 

10. Poor performance or non-performance of learning session contracts

10.1 In the relationship between learning coaches and learners or their legal representatives, the statutory provisions on the fulfilment or non-fulfilment of contracts apply. 

10.2 If a learning coach has not fulfilled or poorly fulfilled a learning session contract or parts thereof (e.g. leaving the learning session prematurely, lack of professional competence, inappropriate interaction with the learner), or conversely the learner or his/her legal representative has not fulfilled the learning session contract or parts thereof (e.g. lack of participation/willingness to learn, inappropriate behaviour towards the learning coach), users can send a substantiated complaint to avidii via hello.india@avidii.com (email subject “complaint”). In these cases, avidii can check the quality of the learning session (video recording) and first try to mediate between the learner or legal representative and the learning coach. The learner or his/her legal representative and the learning coach already agree that avidii can decide on the existence and the amount of any claim for existence, refund or reduction of the price, but is not obliged to do so (clause 10.1 remains reserved). 

10.3 In the event of non-fulfilment or poor fulfilment of the learning session contract by the learning coach during an ongoing learning session, you as a learner can send

your learning request to a new learning coach directly in the learning session through the functionality of the platform, whereby the non-fulfilled learning coach is substituted for this learning request. If the new learning coach accepts the learning request, the learning session contract is transferred to the new learning coach, whereby the non-performing or poorly performing learning coach is not compensated for his/her time of the non-performing learning session contract. avidii will decide on the obligation to pay for the part of the learning session that took place before a substitution.

10.4 The Services and Content on the Platform, in particular the Learning Coaching should not be understood by a User as a substitute for homework, class requirements, assignments and related materials. At no time does avidii guarantee the accuracy or quality of the answers or other learning materials that appear as content on the Services.

 

11. Intellectual property rights, in particular copyright

11.1 As a user, you grant avidii all copyrights as well as the rights to use other related rights to content that you create on the platform within the scope of these Terms of Service (in particular feedback, photos, graphics, texts, audio messages, videos). This includes in particular the granting of the comprehensive, non-exclusive, temporal, spatial, quantitative and content-related unrestricted rights of use. The transfer of rights is expressly free of charge. Mandatory legal rights of you as a user remain unaffected.

11.2 Unless otherwise expressly stated by avidii, all Content included in or otherwise forming part of the Services, including past, present and future versions, domain names, source and object code, text, website design, logos, graphics, bibliographic and citation information, icons, and the selection, compilation and arrangement thereof, and the “look and feel” of the Services, is owned and controlled or licensed by avidii or our accredited franchisee and third party partners. The Content is protected from unauthorised use, copying and distribution by copyright, trademark, patent and other laws, rules, regulations and treaties. 

11.3 Copyright-protected works of third parties may only be uploaded by users insofar as they are public domain content or for works of scholastic personal use.

 

12. Confidentiality

12.1 As a user, you undertake to keep secret the access data transmitted to you by avidii via your user account. You are responsible for all activities that originate from your user account.

12.2 As a user, you agree that avidii, as the system administrator of the platform, has unrestricted access to the data of your user account. You are also aware as a user that all service provision on the platform (in particular the learning sessions themselves) will be recorded and the recorded content may be made available by avidii to other learners and learning coaches on the platform, whereby avidii respects the protection of personal data at all times.

13. Privacy Policy

The protection of your data as a user is a top priority for avidii. As a user, you can find the details in our data protection declaration (Privacy Policy) at https://in.avidii.com//privacy-policy/.

 

14. Liability

14.1 Regardless of the legal reason, avidii is only liable if damage was caused by avidii due to gross negligence or intent. The liability of avidii for slight negligence – except for personal injury – is excluded. The same applies to avidii’s various agents.

14.2 avidii does not assume any liability for the fulfilment of contractual and other obligations of the learning coaches towards the learners or their legal representatives. In particular, avidii is not liable for the availability of the learning coaches or for any damages of the learner or legal representative arising in connection with the execution of a learning session contract. With regard to the existence or refund of the price of a learning session that has not been fulfilled or has been fulfilled poorly, users may proceed in accordance with clause 10.2. Any claims beyond this must be asserted directly against the user as the contracting party.

14.3 avidii is not liable for the content provided by users on the platform or the content of websites to which a link is established on the platform. The provider of the site to which the learning coach has linked is solely liable for illegal, incorrect or incomplete content and in particular for damages arising from the use or non-use of information provided in this way. The user is therefore solely responsible for critically examining content from other users and third parties and for assessing it on his or her own responsibility.

14.4 The user agrees to fully indemnify and hold avidii harmless in the event that avidii is held liable by other users for claims arising from a learning session contract or by other users or third parties for civil or criminal law, judicial or extrajudicial claims arising from content posted by the user on the platform. The indemnity also includes penalties, damages and all costs of legal defence.

 

15. Deletion of user, termination of contract

15.1 The contractual relationship between avidii and the respective user regarding the use of the platform begins with the successful registration of the user on the platform. Both the user and avidii are entitled to terminate this contractual relationship at any time with immediate effect, in which case the registration as a user must be deleted. A deletion of the user account is conversely considered as a termination of the contract of these Terms of Services.

15.2 In the event of termination of the contract, any credit balances not yet used up will be refunded to the learner or the learning coach will be paid for services rendered up to that point. Clause 7 remains reserved.

 

16. Final Provisions and Applicable Law & Place of Jurisdiction

16.1 In the event of any inconsistency between these Terms of Service and any differing written agreements between users and between a user and avidii, the terms of the differing agreements will prevail over these Terms of Service.

16.2 If individual provisions of these Terms of Service are or become invalid, this will not affect the remaining content of the Terms of Service. The invalid provision shall be replaced by a valid provision that is legally valid and comes as close as possible to the economic intentions of the users and avidii.

16.3 These Terms of Service including the Privacy Policy can be made available by avidii in any language. 

16.4 Users may not transfer or assign their respective rights and obligations under these contractual relationships to each other or to avidii to third parties without the written consent of avidii.

16.5 These Terms of Service and all other agreements with avidii are governed exclusively by Indian law. The exclusive place of jurisdiction for disputes arising from this contractual relationship is Bangalore India.