Teacher cooperation and platform use agreement

1.1. This Agreement governs the terms of cooperation between MB “Luxagente” (hereinafter referred to as the Platform) and the tutor (hereinafter referred to as the Tutor) who uses the Platform to provide remote teaching services.

1.2. By joining the Platform and accepting this Agreement, the Tutor confirms that they have read and understood its terms and agree to comply with them.

1.3. The Platform is not the Tutor’s employer. The Tutor provides services independently and is solely responsible for their own activities, compliance with tax obligations and compliance with all applicable laws and regulations.

2.1. The Platform enables the Tutor to:

create a tutor profile;

publish their available times;

accept student bookings;

conduct remote lessons;

use the Platform’s communication and administrative tools;

2.2. The Tutor independently sets their lesson price and availability, decides which students to accept and independently organises the teaching process.

2.3. The Platform administers bookings and payments and ensures the technical operation of the Platform. The Platform is not the provider of one-to-one teaching services. One-to-one teaching services are provided to students by the Tutor in their own name and under their own responsibility.

2.4. When booking a one-to-one lesson, the student enters into an agreement for teaching services directly with the selected Tutor. In this relationship, the Platform acts solely as a technology intermediary facilitating bookings, payments and communication between the student and the Tutor.

3.1. Provide accurate, complete and up-to-date information about themselves.

3.2. Provide teaching services honestly, professionally and responsibly.

3.3. Comply with this Agreement, the Platform’s rules and the laws of the Republic of Lithuania.

3.4. Join scheduled lessons on time.

3.5. Communicate with students politely, respectfully and ethically.

3.6. Protect the confidentiality of students’ personal data.

3.7. Refrain from any actions that could damage the reputation of the Platform.

4.1. Confirmation of Lesson Bookings 4.1.1. Upon receiving a new lesson booking request, the Tutor must accept or reject it within 3 hours. 4.1.2. Once the booking has been confirmed, the student has 1 hour to make payment. 4.1.3. If the student does not pay for the booking within 1 hour, it is automatically cancelled.

4.2. Lesson Cancellation 4.2.1. Where the Tutor is unable to conduct a paid lesson at the scheduled time, the Tutor should first seek to agree a reschedule with the student through the Platform’s CHAT system. 4.2.2. If the Tutor cancels a paid lesson without an agreed reschedule, the full amount paid for the lesson will be refunded to the student’s account. 4.2.3. Cancellation of a paid lesson without an agreed reschedule constitutes grounds for a Strike. The final decision whether to assign a Strike is made solely by a LuxRepetitor administrator. Strikes are not assigned automatically.

4.3. Failure to Attend a Lesson and Lateness 4.3.1. The Tutor must join the lesson on time. 4.3.2. If the Tutor is more than 5 minutes late after the scheduled start time, such lateness constitutes grounds for a Strike. The final decision whether to assign a Strike is made solely by a LuxRepetitor administrator. Strikes are not assigned automatically. 4.3.3. If the Tutor does not join the lesson within 10 minutes of the scheduled start time and has not informed the student in advance (Tutor no-show), the lesson will be deemed not to have taken place due to the Tutor’s fault, and the full amount paid for the lesson will be refunded to the student’s account. 4.3.4. Tutor no-show constitutes grounds for a Strike. The final decision whether to assign a Strike is made solely by a LuxRepetitor administrator. Strikes are not assigned automatically.

4.4. Rescheduling a Lesson 4.4.1. The Tutor may contact the student through the Platform’s CHAT system and propose rescheduling the lesson to another time. 4.4.2. An agreed reschedule of a lesson is not a cancellation and is not a no-show, and does not constitute grounds for a Strike. 4.4.3. The student may accept or refuse the proposed rescheduling. 4.4.4. If the student does not agree to reschedule the lesson and the paid lesson is cancelled without an agreed new time, the full amount paid for the lesson will be refunded to the student’s account, and Section 4.2.3 applies.

4.5. Strikes, Blacklist and Removal 4.5.1. The following events constitute grounds for a Strike: (a) cancellation of a paid lesson without an agreed reschedule; (b) Tutor no-show; (c) Tutor lateness of more than 5 minutes after the scheduled start time. 4.5.2. The final decision whether to assign a Strike is made solely by a LuxRepetitor administrator. There is no automatic assignment of Strikes. 4.5.3. Each Strike remains active and is counted for 90 calendar days from the date on which it is assigned. After those 90 calendar days have elapsed, that specific Strike is no longer counted toward the removal threshold. 4.5.4. If the Tutor simultaneously has 3 active Strikes within their respective 90-calendar-day periods, the Tutor is removed from LuxRepetitor and placed on the blacklist. 4.5.5. The Platform does not operate a separate “reliability rating” system. The consequences of the events listed in this Section are applied solely through the Strike model described above.

4.6. LuxRepetitor Guarantee 4.6.1. If a lesson does not take place due to the Tutor’s fault, the full amount paid for the lesson will be refunded to the student’s account. 4.6.2. The Tutor will be considered at fault where:

the Tutor cancels a paid lesson without an agreed reschedule;

the Tutor fails to attend the lesson (Tutor no-show);

5.1. The Platform administers the collection of payments through licensed payment partners. The Tutor agrees that funds paid by students for one-to-one lessons are initially received and administered by the Platform. The portion of remuneration due to the Tutor is calculated in accordance with this Agreement and paid in accordance with the settlement procedure established by the Platform. The portion of remuneration due to the Tutor does not constitute income of the Platform. The Platform’s income consists solely of the commission specified in this Agreement.

5.2. For each successfully completed lesson, the Platform deducts a 20% Platform service administration fee.

5.3. The remaining portion of the remuneration is transferred to the Tutor in accordance with the settlement procedure established by the Platform.

5.4. If a lesson does not take place due to the Tutor’s fault, no remuneration for that lesson will be paid to the Tutor.

5.5. The Tutor is responsible for fulfilling their own tax obligations.

6.1. Suggesting that students pay for lessons outside the LuxRepetitor Platform.

6.2. Providing their contact details or other information for the purpose of arranging lessons outside the Platform.

6.3. Using offensive, discriminatory, indecent or otherwise inappropriate language.

6.4. Using the Platform for unlawful purposes.

6.5. Requesting or accepting any additional payment from students for lessons arranged through the LuxRepetitor Platform.

6.6. Advertising other learning platforms, tutoring services or other commercial activities unrelated to LuxRepetitor on the Platform.

7.1. The Tutor undertakes not to use the LuxRepetitor Platform to find students with the intention of subsequently providing teaching services to them outside the Platform.

7.2. The Tutor is prohibited from offering students or their legal representatives the opportunity to continue lessons directly, bypassing the LuxRepetitor Platform.

7.3. The Tutor is prohibited from providing their telephone number, email address, social media accounts or other contact details through the Platform where the purpose is to organise lessons outside the LuxRepetitor Platform.

7.4. All communication between the student and the Tutor regarding the organisation of lessons must take place exclusively through the LuxRepetitor Platform.

7.5. The Platform does not assess or control the content of the individual teaching service. The Tutor is solely responsible for the teaching methodology, the quality of explanations and learning outcomes.

7.6. This obligation applies throughout the period during which the Tutor uses the Platform and for 12 months after the Tutor’s account is closed, to the extent permitted by applicable law.

7.7. If a breach of this Section is identified, LuxRepetitor has the right to suspend or delete the Tutor’s account immediately. Any unpaid amounts will be dealt with in accordance with this Agreement and applicable law.

7.8. If the student or their legal representative independently proposes continuing lessons outside the LuxRepetitor Platform, the Tutor must refuse such a proposal and immediately inform the LuxRepetitor administration.

7.9. The Tutor confirms that they act as an independent service provider and are not an employee of the Platform, a partner within the meaning of employment law or a representative of the Platform.

8.1. All intellectual property rights in and to the LuxRepetitor Platform, including its software, design, logos, trade marks, functionality, artificial intelligence solutions, databases and other intellectual property of the Platform, belong to MB “Luxagente” or its lawful licensors.

8.2. The Tutor retains copyright and other intellectual property rights in teaching materials independently created by the Tutor and uploaded to the Platform.

8.3. By uploading their own teaching materials to the Platform, the Tutor grants the Platform a non-exclusive and royalty-free right to store, technically process, analyse, display and otherwise use such materials to the extent necessary for the operation of the Platform, the organisation of specific lessons, the provision of teaching services and the operation of the Platform functions selected by the Tutor. Ownership rights or copyright in such Tutor materials are not transferred to the Platform.

8.4. When using the Platform’s functions, the Tutor may upload learning or teaching materials, including materials created by the Tutor, extracts from textbooks, assignments, documents or other educational content, in order to use the Platform, the AI Tutor or other learning functions. The Platform does not review or control in advance the content of all materials uploaded by the Tutor.

8.5. The Tutor is responsible for ensuring that they have the right to upload and use the materials they provide in the intended manner and to the intended extent, and that such use does not infringe any third party’s copyright, licence rights, trade marks or other intellectual property rights. Uploading materials to the Platform does not, in itself, grant the Tutor, the Platform or other Users any ownership or other intellectual property rights in materials created by third parties.

8.6. Third-party educational materials uploaded by the Tutor to the Platform, including textbooks or extracts from textbooks, assignments, documents and other copyright-protected content, may be technically stored, processed and analysed to the extent necessary to provide the Platform and AI Tutor functions selected by the Tutor or the relevant User. Uploading such materials does not, in itself, grant the Platform the right to include them in the Platform’s general knowledge or learning database, use them to provide AI Tutor responses to other Users who are unrelated to the person who uploaded the materials, or use them to train or improve artificial intelligence models. Any such broader use of the materials is permitted only where the Platform has the necessary rights, licence or other lawful basis under applicable law.

8.7. Teaching materials independently created by the Tutor may be used in the Platform’s general knowledge database, for AI Tutor functions, for training or improving artificial intelligence systems, or for providing services to other Platform Users only to the extent that the Platform has the appropriate rights or another lawful basis permitted under applicable law. Where the Tutor’s consent or separate permission is required for such use, the materials will be used for such purposes only after such consent or permission has been obtained.

8.8. If materials uploaded by the Tutor contain personal data, the Tutor must ensure that they have a lawful basis for providing such data to the Platform. The Platform processes such personal data in accordance with its Privacy Policy and applicable data protection laws.

8.9. The Tutor is prohibited from using the Platform for the systematic or unlawful copying, distribution, publication or other use of copyright-protected works in a manner that infringes the intellectual property rights of third parties. Upon receiving substantiated information about a potential infringement of rights, the Platform has the right to restrict access to the relevant materials, remove them or take other lawful measures.

8.10. Without the prior written consent of LuxRepetitor, the Tutor is prohibited from copying, distributing, selling, modifying, decompiling, reverse engineering or otherwise unlawfully using the LuxRepetitor Platform’s software, artificial intelligence solutions, databases or other intellectual property of the Platform.

8.11. The Tutor is responsible for content uploaded to or provided through the Platform by the Tutor and for ensuring that its use complies with applicable law. This provision does not limit the Platform’s obligations or liability where such obligations or liability are imposed on the Platform by mandatory provisions of applicable law.

8.12. The Tutor may participate in the LuxRepetitor Affiliate Programme in accordance with the separate terms and conditions of the Affiliate Programme.

9.1. Monitor the Tutor’s activities and compliance with this Agreement.

9.2. Review student complaints and disputes relating to services provided by the Tutor.

9.3. Require the Tutor to provide explanations regarding complaints received or other potential breaches of the rules.

9.4. Temporarily suspend or delete the Tutor’s account where breaches of this Agreement or the Platform’s rules are identified.

9.5. Review and, where necessary, remove information or teaching materials uploaded by the Tutor if they infringe applicable law, copyright or the Platform’s rules.

9.6. Update the functionality of the Platform, its rules and service provision procedures, while informing Tutors in advance of material changes.

10.1. If a student believes that a lesson did not take place, was provided inadequately, or that the Tutor breached this Agreement or the Platform’s rules, the student has the right to submit a dispute through the LuxRepetitor Platform.

10.2. The dispute must be submitted no later than 48 hours after the end of the lesson.

10.3. Once a dispute has been submitted, payment to the Tutor may be temporarily withheld during the dispute review period until a final decision is made.

10.4. The LuxRepetitor administration has the right to request that both parties provide additional information, explanations or other data relating to the dispute.

10.5. When resolving a dispute, LuxRepetitor may rely on:

lesson booking data;

login time logs;

CHAT correspondence;

an audio or video recording of the lesson, where such a recording was lawfully made;

10.6. After assessing all relevant circumstances, the LuxRepetitor administration will make a decision on the dispute within 10 working days, except where a longer review period is required for objective reasons.

10.7. If the dispute is found to be justified and the lesson did not take place or was provided inadequately due to the Tutor’s fault:

the full amount paid for the lesson will be refunded to the student;

the student will receive the compensation provided for under the LuxRepetitor Guarantee;

10.8. If the dispute is found to be unfounded, the remuneration for the lesson will be paid to the Tutor in accordance with the Platform’s settlement procedure.

10.9. Repeated submission of clearly unfounded or false complaints may be treated as misuse of the Platform and may result in measures being applied in accordance with the Platform’s rules.

10.10. The decision of the LuxRepetitor administration regarding a dispute applies for the purposes of the Platform’s internal dispute resolution procedure and does not limit either party’s right to seek legal remedies in accordance with applicable law.

10.11. Principle of Fairness LuxRepetitor aims to ensure fair dispute resolution. Neither the student nor the Tutor may be considered at fault solely because a complaint has been submitted. Each dispute is assessed individually on the basis of objective Platform data and explanations provided by both parties.

11.1. The Platform processes the personal data of Tutors and students in accordance with the General Data Protection Regulation (GDPR), the laws of the Republic of Lithuania and the Privacy Policy.

11.2. The Tutor agrees to use students’ personal data solely for the purpose of organising and conducting lessons.

11.3. The Tutor agrees not to disclose to third parties any confidential information concerning students or their legal representatives.

11.4. It is prohibited to copy, store or use students’ personal data for other purposes without a clear legal basis.

12.1. This Agreement takes effect from the moment the Tutor accepts it when registering on the LuxRepetitor Platform.

12.2. The Tutor may stop using the Platform at any time by submitting a request to close their account.

12.3. The Platform has the right to temporarily suspend or terminate the Tutor’s account if the Tutor breaches this Agreement or the Platform’s rules. In the case of a serious or repeated breach, fraud, unlawful activity, circumvention of the Platform or conduct that may cause material harm to the Platform or its users, the Platform may suspend or terminate the Tutor’s account immediately.

12.4. Termination of the Agreement does not release either party from obligations arising before termination.

13.1. The Platform has the right to amend or supplement this Agreement. Tutors will be informed of material changes through the Platform or by email.

13.2. If any provision of this Agreement becomes invalid or unenforceable, this will not affect the validity of the remaining provisions.

13.3. All disputes shall first be resolved through negotiation. If no agreement can be reached, disputes shall be resolved in accordance with the laws of the Republic of Lithuania.

13.4. This Agreement is governed by the laws of the Republic of Lithuania.

13.5. By accepting this Agreement, the Tutor confirms that they have read it, understood it and agree to all of its terms.