Platform Terms of Service

1. Acceptance of Terms

By accessing or using the Smash Your Tutoring platform (“the Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not use the Service. These Terms apply to all users of the Service, including agency administrators, tutors, and parents. By creating an account, you confirm that you are at least 18 years of age and have the legal authority to enter into this agreement.

2. Service description

Smash Your Tutoring is a software-as-a-service (SaaS) platform designed for tutoring agency management. The Service provides tools for scheduling and calendar management, automated invoicing and payment collection, parent and tutor communication, analytics and reporting, DBS status tracking, and student record management. The Service is a management tool and does not provide tutoring services directly. We do not employ tutors, nor do we act as an intermediary between tutors and parents.

These Terms govern your use of the Smash Your Tutoring software platform. They are between you (the agency administrator) and us (the platform provider). The contractual relationship between your agency and your parents, tutors, and students is governed by your own terms of business, which you can create and manage through the platform’s built-in terms template builder.

3. Account types

The Service offers three types of user accounts:

4. Agency admin responsibilities

As an Agency Admin, you are responsible for:

• Providing accurate and up-to-date information about your agency, tutors, and students
• Ensuring compliance with all applicable safeguarding legislation and requirements
• Ensuring all tutors within your agency hold valid enhanced DBS checks (or equivalent) before they deliver any tutoring sessions
• Maintaining your own safeguarding policy and ensuring all tutors are trained accordingly
• Ensuring that your use of the Service complies with all applicable laws and regulations, including data protection legislation
• Managing user accounts within your agency and revoking access when appropriate

5. Subscription plans and billing

The Service is offered on a monthly subscription basis across the following tiers:

• Solo (1-2 tutors): £22 per month
• Small Agency (3-10 tutors): £50 per month
• Growing Agency (11-30 tutors): £90 per month
• Enterprise (30+ tutors): £150 per month

Subscriptions are billed monthly in advance. You may upgrade or downgrade your plan at any time. When upgrading, you will be charged the pro-rated difference for the remainder of your current billing cycle. Prices are subject to change with 30 days’ notice.

6. Agency operating model

The platform supports two agency operating models under UK employment law:

You must select your agency’s operating model during setup. If you operate both models, each tutor must be tagged accordingly. The platform will apply the correct payment flow based on the model assigned.

7. Tutor fee protection

In accordance with the Employment Agencies Act 1973, the platform does not permit agencies to charge tutors any registration fees, work-finding fees, or placement fees. No payment flow within the platform routes money from a tutor to the agency for the purpose of work-finding.

Tutors may bear their own third-party costs (for example, DBS application fees paid directly to the Disclosure and Barring Service), but the agency must not be the recipient of such payments.

Any attempt to configure a charge to tutors that constitutes a work-finding fee is prohibited and may result in account suspension.

8. Transfer and non-solicitation

If a parent or client engages a tutor directly (outside the agency) after being introduced through the platform, this constitutes a direct engagement. Agencies may set a transfer fee in their own terms of business to protect against this.

The platform provides tools to support this protection, including on-platform communication (where tutor contact details are hidden from parents by default) and activity logging. However, enforcement of transfer fees is the responsibility of the agency under their own terms of business with parents.

Tutors are expected not to solicit clients directly. Agencies may include non-solicitation provisions in their tutor agreements, which can be managed through the platform’s terms template builder.

9. Payment processing

Payment processing on the platform is handled by Stripe. A transaction fee of 2.0% + 20p applies to each parent payment processed through the platform. This comprises Stripe’s standard processing fee and a small platform fee.

Agency Admins are responsible for ensuring that parent payments are collected in a timely manner. The platform provides automated invoicing and payment reminders, but ultimate responsibility for debt collection lies with the agency. We are not a party to the financial relationship between agencies and parents.

10. Free trial

New Agency Admin accounts are entitled to a 14-day free trial with full access to all features on their chosen plan. A valid payment method is required at signup. You will not be charged during the 14-day trial period. If you cancel before the trial ends, no payment will be taken. At the end of the trial period, your chosen plan will be charged automatically. If you choose not to continue, you may cancel at any time during your trial through your account settings.

11. Cancellation and refunds

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial months.

Upon cancellation, you will retain access to the Service until the end of your paid billing period. After that, your account will be deactivated. You may request an export of your data within 30 days of cancellation. After 30 days, your data will be permanently deleted in accordance with our data retention policy.

12. Referral programme

Smash Your Tutoring operates a referral programme. Existing users may share their unique referral code with friends and family. When a new user signs up using a valid referral code and completes 4 paid tutoring lessons within their first calendar month, both the referring user and the new user will receive £20 credit off their next month’s invoice.

The following conditions apply to the referral programme:

• Referral codes expire 90 days after issue if not redeemed
• Only one referral code may be applied per new account
• Referral credits are non-transferable and have no cash value
• Smash Your Tutoring reserves the right to modify, suspend, or discontinue the referral programme at any time without prior notice
• Abuse of the programme, including but not limited to self-referral and the creation of fake accounts, will result in forfeiture of all accrued referral credits and may lead to account suspension or termination

13. Terms between an agency and its families and tutors

Booking and payment, cancellation, no-shows, rescheduling, conduct and the running of lessons are matters between an agency and the families and tutors it works with. They are not set by this platform, and each agency sets its own. The platform provides the settings that enforce them, such as the cancellation notice period and the billing model.

If you are a parent or a tutor, the terms that apply to you are the terms for parents and the terms for tutors. Those are the documents you are asked to accept, and they are the ones that govern your lessons.

14. Acceptable use

You agree not to use the Service to:

• Engage in any unlawful activity or facilitate illegal conduct
• Misuse, share, or improperly handle personal data of parents, students, or tutors
• Scrape, harvest, or extract data from the platform through automated means
• Attempt to gain unauthorised access to other users’ accounts or agency data
• Interfere with or disrupt the integrity or performance of the Service
• Use the platform to circumvent safeguarding requirements or regulations

We reserve the right to suspend or terminate accounts that violate these acceptable use provisions.

15. Intellectual property

The Service, including its design, code, features, and documentation, is the intellectual property of Smash Your Tutoring and is protected by applicable copyright and trademark laws. You are granted a limited, non-exclusive, non-transferable licence to use the Service for its intended purpose during your subscription period.

All data you enter into the platform (student records, lesson data, financial records, and similar) remains your property. We do not claim ownership of your data and will not use it for any purpose other than providing and improving the Service, except in anonymised and aggregated form.

16. Limitation of liability

To the maximum extent permitted by applicable law, Smash Your Tutoring shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with your use of the Service.

Our total aggregate liability in respect of any claims arising out of or in connection with the Service shall not exceed the total fees paid by you in the twelve (12) months preceding the event giving rise to the claim.

The Service is provided on an “as is” and “as available” basis. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components. We make no guarantees regarding the accuracy or completeness of any data or content provided through the Service.

17. Data and privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, store, and protect your personal data. By using the Service, you acknowledge that you have read and understood our Privacy Policy. We are committed to compliance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. For users outside the UK, we comply with applicable local data protection legislation.

18. Modifications to Terms

We may update these Terms from time to time. We will provide at least 30 days’ notice of any material changes by email and/or through a prominent notice on the platform. Your continued use of the Service after the effective date of any changes constitutes acceptance of the updated Terms. If you do not agree with the updated Terms, you must stop using the Service and cancel your subscription.

19. Governing law

For users based in the United Kingdom, these Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

For users based in the United States, these Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware.

20. Dispute resolution

In the event of any dispute arising out of or in connection with these Terms, you agree to first attempt to resolve the matter informally by contacting us at the address below. We will endeavour to resolve any complaint within 30 days of receipt.

If the dispute cannot be resolved informally, either party may pursue resolution through the courts as specified in the Governing Law section above. Nothing in this clause prevents either party from seeking injunctive or other equitable relief where appropriate.

21. Contact information

If you have any questions about these Terms of Service, please contact us: