Sommerfeld AcademyTerms of Service
Terms that explain acceptable platform usage and responsibilities.
User Terms and ConditionsWelcome to the Sommerfeld Educational Platform.These Terms and Conditions govern all services provided through the Sommerfeld website and application by Sommerfeld Company. Accordingly, any use by you of the services provided by the Sommerfeld Educational Platform constitutes your acceptance of these Terms and Conditions. Where certain services are subject to additional terms and conditions, such additional terms and conditions shall immediately become binding and form part of these Terms.Sommerfeld services are not intended for children under the age of 11. Minors, meaning persons below the legal age, must consult their parents or legal guardians before accessing the Platform.About SommerfeldSommerfeld is an interactive electronic educational platform designed to meet students’ educational needs wherever and whenever they wish. This is achieved by connecting students with teachers who have comprehensive knowledge of educational curricula and are fully prepared to explain them, answer related inquiries, and communicate directly with students in accordance with the features made available by the Platform.DefinitionsThe following terms, when used in these Terms and Conditions, shall have the meanings set out below unless the context requires otherwise:“Sommerfeld Educational Platform”Means the Sommerfeld website and the Sommerfeld application owned, controlled, managed, maintained, hosted, licensed, or designed by Sommerfeld Company to operate on smartphones, tablet computers, or other devices through which the Company provides its services.“Customer”Means the student or person seeking a service who has registered with the Sommerfeld Educational Platform for the purpose of using the application, the service, or both.“Service Provider”Means a teacher working in the field of education who possesses the experience, capabilities, and necessary qualifications to provide individual tutoring services and wishes to offer such services through the Sommerfeld Company application.“Third Party”Means any media, commercial, advertising, governmental, or private intermediary, company, or entity that has entered into agreements with the Sommerfeld Educational Platform for the provision or receipt of services, advertising, promotional activities, or any other activities that may contribute to the services of the Sommerfeld Educational Platform as defined above.“User”Means both the Customer and the Service Provider, as well as any other person permitted to use the Platform.“Data”Means all data relating to the use of the application or service, or data relating to the Customer.“Intellectual Property Right”Means any patent, copyright, invention right, database right, design right, registered design, trademark, trade name, brand name, logo, advertising slogan, know-how, business name, domain name of any extension, or any other right or obligation, whether registered or unregistered, as well as any other industrial or intellectual property right in any territory or jurisdiction anywhere in the world.Eligibility to Receive ServicesYou represent and warrant that:You have never previously been suspended or prohibited from using Sommerfeld services.You are not a competitor of Sommerfeld and do not offer any product that competes with the services provided by Sommerfeld.You have full legal capacity and authority to enter into this agreement and that doing so will not violate any law or contract.Undertakings and WarrantiesYou represent and warrant that you will:Comply with all applicable laws and regulations in the United States of America.Comply with all applicable local laws and regulations, including laws relating to the operation of the services, and acknowledge that you are solely responsible for any violations of such local laws and regulations.Obtain, maintain, and continue to comply with all permits, licenses, and other governmental authorizations necessary to perform the service and conduct and maintain your activities, operations, and business.Provide Sommerfeld with true and accurate information and update such information periodically.Review and comply with any notices sent through Sommerfeld regarding your use of the services provided by the Sommerfeld Platform.Not reproduce, sublicense, issue, publish, transfer, distribute, perform, display, sell, or reclassify Sommerfeld services, or otherwise transfer or commercially exploit such services, except as permitted under this agreement.Use the service and Platform solely for lawful purposes and not use the services to send or store illegal materials or for fraudulent purposes.Not use the service or Platform to harm, harass, or inconvenience any person.Not interfere with the proper operation of the Sommerfeld Platform.Not copy or distribute the Platform or other content without obtaining written permission from Sommerfeld.Keep any identification or access credentials provided to you, which enable access to your account, secure and confidential.Provide us with any evidence required to verify your identity at Sommerfeld’s sole discretion.Acknowledge that Sommerfeld has the right to refuse to provide the service or permit use of the Platform without giving reasons.You acknowledge that you shall refrain from engaging in conduct that includes the following:Initiating discussions or using unacceptable language that contains or encourages violence, verbal or non-verbal abuse, or incites hostility based on religion, race, sex, physical disability, or mental disability, or encourages unlawful behavior or criminal practices, including but not limited to drugs, weapons, explosives, viruses, and hacking.Exchanging phone numbers, personal email addresses, personal social media accounts, or arranging meetings outside the Platform between the Service Provider and Customer. Sommerfeld assumes no legal responsibility if you are subjected to harassment or danger resulting from sharing personal information.Intentionally using a username or profile image on your Platform account that violates public morals or impersonates public figures or celebrities.Attempting to abuse or cause direct or indirect harm to the Sommerfeld Educational Platform, its services, its staff, or its users by any means, including but not limited to publishing abusive content on social media.Encouraging or inciting practices or conduct involving any of the matters described above.Sommerfeld shall, at its sole discretion, determine whether any breach or non-compliance with these undertakings and warranties has occurred while using its services. In the event of such breach or non-compliance, Sommerfeld may take any measures it considers appropriate.Scope of LicenseSommerfeld grants you a non-exclusive, non-transferable, non-assignable, non-sublicensable, and non-revocable license to access and use our services solely for the personal purposes specified under this agreement. Accordingly, you must:Not make the services available to, rent, lease, assign, resell, distribute, or sublicense the services to any third party.Not modify, adapt, translate, summarize, or create derivative works based on, decompile, reverse engineer, or otherwise determine, attempt to determine, or attempt to access the source code or internal design of Sommerfeld services, including any text, multimedia images, audio, video files, data, or other information provided by Sommerfeld or third-party service providers.Not remove, alter, or otherwise modify any copyright or other official notices contained within the services.Not claim to provide the services or allow access to them by any person other than yourself.Not permit the sharing of usernames, passwords, or any other credentials used to access the services of the Sommerfeld Educational Platform.Intellectual Property RightsAll intellectual property rights relating to these services and all associated materials or materials displayed through them, including any content you submit or enter, are owned by Sommerfeld.You must not reproduce, or permit any person for any reason to use or reproduce, the services or any trademarks or other trade names appearing within the services.Commercial Transaction PolicyBy using the website or application, you understand and agree to the commercial transaction policy applicable to students and teachers.General ProvisionsThe prices charged by teachers for providing services can be found on the Platform. Sommerfeld may modify or update such prices from time to time. It is your responsibility to remain informed of the current prices of the services provided.You are solely responsible for paying all fees when due. You acknowledge that any amount paid is non-refundable.By accepting these User Terms, you agree that your right to access data stored on the Sommerfeld Educational Platform is dependent upon your account remaining active. Failure to pay amounts owed by you may result in the suspension of your access to the Platform and the data stored on it.Sommerfeld reserves the right to establish, cancel, and/or revise the fees and prices of the services it provides through the Platform.All fees shall become immediately payable. You further acknowledge and agree that applicable fees and prices may be increased or reduced. Sommerfeld will make reasonable efforts to notify you of fees or price adjustments that may apply to you, provided that you remain responsible for any resulting differences charged to your account regardless of whether you were aware of them.From time to time, Sommerfeld may provide certain Customers using the Platform with promotional offers and discounts, which may result in different amounts being paid for the same or similar services or goods while using the Platform. The Service Provider agrees to honor such offers and discounts.The teacher acknowledges and agrees that the services offered to students through the Platform will be provided in exchange for fees charged to students.Sommerfeld shall receive a specified percentage of these fees in consideration for the Service Provider’s use of the Platform and the provision of services to students using the Platform.All fees deducted for Sommerfeld are final and non-refundable unless Sommerfeld determines otherwise.Users are advised to obtain and retain a copy of receipts for service-fee payments for documentation and recordkeeping purposes, as this may assist in resolving any disputes relating to financial matters.The selection of a teacher is the responsibility of the student, while Sommerfeld endeavors to select the best teachers to provide the service.Both parties must maintain each other’s privacy and must not disclose confidential information.If a student wishes to request another subject or increase the number of hours with the same teacher, the teacher must complete the additional request through the website. If Sommerfeld becomes aware that the teacher has failed to cooperate in this regard, Sommerfeld shall have the right to suspend the teacher.TeacherThe teacher shall:Demonstrate honesty and integrity when providing the service.Not assist the student in cheating or complete assignments or projects on the student’s behalf.Acknowledge Sommerfeld’s right to prevent the teacher from continuing with a student if the teacher fails to comply with the agreed schedule.Acknowledge Sommerfeld’s right to replace the teacher whenever the student wishes to change the teacher or withdraw.This agreement, or your use of the website or application, shall not establish any joint venture, partnership, employment relationship, or agency relationship between you and Sommerfeld or between you and any third party.If any provision of this agreement is found to be invalid or unenforceable, such provision shall be removed, and the remaining provisions shall continue to remain valid and enforceable to the fullest extent permitted by law.If Sommerfeld fails to enforce any right or provision contained in this agreement, such failure shall not constitute a waiver of such right or provision unless Sommerfeld expressly acknowledges and agrees to such waiver in writing.This agreement constitutes the entire agreement between you and Sommerfeld and supersedes all prior or existing negotiations, discussions, or agreements, whether written or oral, entered into by the relevant parties concerning the subject matter of this agreement.You accept, agree, and acknowledge that a direct legal relationship is created solely between you and the Customer, and you assume responsibility for such relationship.Sommerfeld shall not be responsible for any act, omission, or conduct of the Customer toward the Service Provider.The Service Provider alone shall be responsible for taking reasonable and appropriate measures concerning third parties with whom the Service Provider deals in connection with providing services, provided that such measures do not violate Sommerfeld’s Terms and Conditions.StudentThe price agreed upon with the teacher shall be calculated on an hourly basis.The teacher has the right to decline to continue providing lessons if the student fails to comply with the agreed schedule.Sommerfeld has the right to prevent the student from continuing with the teacher if the student fails to pay part or all of the amount due, as Sommerfeld considers appropriate.IndemnificationBy accepting these User Terms and using the Platform or service, you agree to defend, indemnify, and hold harmless Sommerfeld, its affiliates, licensors, officers, directors, other users, employees, attorneys, and agents from and against any claims, costs, damages, losses, liabilities, and expenses, including legal fees and attorneys’ costs, arising from or related to:Your violation or breach of any provision of these User Terms or any applicable law or regulation, whether or not expressly referred to in these Terms and Conditions.Your violation of any rights belonging to third parties, including Service Providers organized or made available through the Platform.Your use or misuse of the Platform or service.Any information, recommendations, services, or other material provided to you on or through the service and Platform is provided solely for general informational purposes and does not constitute advice.Sommerfeld will endeavor, to the extent reasonably possible, to maintain the accuracy and currency of the website, Platform, and their content. However, Sommerfeld does not warrant that the website or Platform content will be free of errors, defects, malware, or viruses, nor does it guarantee that the website and application will always be accurate, correct, or up to date.Sommerfeld cannot guarantee that your use of the website will be free from technical errors or content errors.In the event of a complaint, dispute, or disagreement between a Service Provider and Customer, or in other appropriate circumstances where there is reasonable justification for disclosure, the Sommerfeld Educational Platform may, without being required to do so and to the extent permitted by applicable laws and regulations, provide relevant data, including personal data relating to the Service Provider or Customer, to the Customer, Service Provider, relevant authorities, or any of them.Outside applicable statutory or regulatory requirements, Sommerfeld assumes no liability and disclaims responsibility under this agreement for the content and consequences of publishing or distributing any comments, scores, ratings, or reviews of any kind.Sommerfeld assumes no responsibility for any content shared by users through the Platform or its services, whether in the form of written comments, uploaded media, external links, or communications between users by any means.The User acknowledges that they may expose themselves to legal liability if such content violates applicable rules, laws, or standards of public morality.Sommerfeld shall not be liable for damages resulting from the use of, or inability to use, the website or Platform, including damages caused by malware or viruses. Sommerfeld shall also not be liable for inaccurate or incomplete information appearing on the website or Platform.Sommerfeld shall not be liable for damages resulting from the use of, or inability to use, electronic means of communication with the website or Platform, including, without limitation, damages resulting from failure or delay in the delivery of electronic communications, interception or manipulation of electronic communications by third parties or computer software used in electronic communications, or the transmission of viruses.Sommerfeld endeavors to provide its electronic Platform services throughout the year, 24 hours a day and 7 days a week. However, Sommerfeld does not guarantee that the Sommerfeld Platform will operate continuously throughout the year.There may be interruptions for maintenance, periodic updates, or the addition of new features to the Platform. Sommerfeld assumes no responsibility for the unavailability of the services at any time, for any duration, or for any reason.Full responsibility for the quality of the services requested through the Platform or service rests with the Service Provider ultimately providing the service to the Customer.Under no circumstances shall Sommerfeld accept any responsibility relating to or arising from services provided by a Service Provider, nor shall it accept responsibility for any act, behavior, conduct, omission, or negligence by Service Providers.Accordingly, any complaints concerning the services should be directed to the Service Provider.Limitation of LiabilitySommerfeld makes no express or implied warranties concerning the services, all of which are provided “as is.”To the fullest extent permitted by law, Sommerfeld expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose, fitness for particular specifications or markets, and merchantability.Sommerfeld does not guarantee the accuracy, content, or timing of the services or any results that users may or may not obtain from using the services.Under no circumstances shall Sommerfeld, its agents, licensors, or affiliates be liable for direct or indirect damages, penalties, special damages, incidental damages, or consequential damages, including but not limited to damages resulting from loss of profits, business interruption, loss of business information, or other financial losses, arising directly or indirectly from accessing or using the services, failure to use the services, or reliance on them.Sommerfeld reserves the right to view and record all communications and online sessions conducted through the Platform without prior permission or notification, as Sommerfeld monitors usage in order to understand users’ requirements and improve the services provided through the Platform.All recorded communications and remote learning sessions are subject to review. Legal action may also be taken in the event of any violation of public morals, misuse of content, or breach of these Terms and Conditions.Sommerfeld shall not be responsible or legally liable for any type of damage or loss, including direct, indirect, consequential, punitive, or special losses, or for any claims, demands, expenses, including legal fees, damages, penalties, or fines, including those involving third parties, that relate directly or indirectly to the Service Provider Agreement, including:Any damages or risks associated with the implementation of the Service Provider Agreement.Any act or omission by the Customer, including payment-related matters.The content and consequences of publishing or distributing any comments, ratings, or reviews concerning the Service Provider.Termination of the Service Provider Agreement for any reason.Sommerfeld shall not assume any liability, and the User shall have no right to demand that Sommerfeld honor any promotional offers or competitions that have not been officially announced on the Sommerfeld Platform or on social media accounts managed by Sommerfeld.SecurityYou acknowledge that you are solely responsible for maintaining the privacy and security of the services and are solely responsible for their use by any other person who accesses them through your account, username, password, and/or other access credentials.You also agree to notify Sommerfeld if you become aware of any loss, theft, or unauthorized use of any password, username, Internet Protocol (IP) address, or any other means of accessing the services.Dealings with Third PartiesWhile using the website, Platform, and services, links to websites owned and controlled by third parties may occasionally be provided for the purpose of contacting third parties, purchasing their products or services, or participating in promotional offers provided by them.Such links take you outside the website, Platform, and service and are beyond Sommerfeld’s control.While using the website, Platform, and service, you may communicate with, purchase goods or services from, or participate in promotional offers provided by service providers, advertisers, or sponsors whose goods or services are made available through a link on the website, Platform, or service.Such links take you outside the website, Platform, and service and are beyond Sommerfeld’s control.Websites accessible through such links have their own independent Terms and Conditions and privacy policies.Sommerfeld assumes no responsibility for the content or activities of such websites and cannot be held liable for them. Accordingly, you assume all risks arising from visiting or accessing those websites.Please note that such third-party websites may send their own cookies to users, collect user data, or request personal information. Therefore, we recommend reviewing the terms of use and privacy policies of those websites before using them.Modification of ServicesSommerfeld reserves the right, at its sole discretion and at any time, to:Modify or change the Platform, services, or any related materials, or suspend or discontinue them, including but not limited to the availability of any feature, database, or content, at any time without prior notice.Replace the services with other similar materials at its sole discretion if Sommerfeld decides to discontinue providing its services.Impose conditions or restrictions on certain features and services or restrict your access to parts of the service or the entire service without notice or liability.Relationship Between Sommerfeld and the UserThe relationship between Sommerfeld and the User shall be for an indefinite period.The User may discontinue using the Platform and service at any time by permanently deleting the Platform application installed on their device. The User may also close their User account at any time.Sommerfeld shall also have the right to terminate its relationship with the User with immediate effect at any time by disabling the User’s access to the Platform and service if the User does any of the following:Violates or breaches any provision of these User Terms and Conditions.Misuses the Platform or service, as determined by Sommerfeld.Sommerfeld is not required to provide prior notice before terminating the relationship.Termination of the relationship shall not affect the fulfillment of any financial or other claims or obligations existing between Sommerfeld and the User.Modification of the Terms and ConditionsSommerfeld reserves the right to modify or change these Terms and Conditions without prior notice.As a User of the Platform, it is your responsibility to review these Terms and Conditions periodically through this page in order to remain informed of any updates.Your access to the website or application after any changes have been made constitutes your acceptance of the amended Terms and Conditions and all changes contained therein.We also recommend reviewing our Privacy Policy to learn more about how Sommerfeld uses information provided by users of the Platform.Invalidity of One or More ProvisionsThe invalidity of any provision of these User Terms shall not affect the validity of the remaining provisions.If any provision of these User Terms is invalid or is deemed unacceptable under particular circumstances according to standards of reasonableness and fairness, then, solely to that extent, such provision shall be replaced between the parties with a provision that is acceptable in light of all circumstances and that corresponds as closely as possible to the invalid provision, taking into account the content and purpose of these User Terms.Governing Law and Dispute ResolutionThese User Terms, and the resolution of any dispute, claim, or disagreement arising out of or relating to these User Terms, any breach, termination, enforcement, interpretation, or validity thereof, or the use of the website, service, or Platform, shall be governed by and construed in accordance with the applicable laws and regulations of the United States of America.