1. Acceptance of Terms
Welcome to Quantum Tutor AI (the "Service"), operated by Quantum Tutoring ("we," "us," or "our"). By accessing or using our Service, you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy (which is incorporated into these Terms). If you do not agree to these Terms, please do not use the Service.
The Service is offered only to persons located in the United States. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, and you agree that we may terminate your access if we determine you are not located in the United States.
We may revise these Terms at any time by posting the updated version on our Service. Your continued use of the Service after such posting constitutes your acceptance of the revised Terms. Any changes are effective immediately when we post them. Please review the Terms regularly to be aware of such changes.
2. Use of Service & Eligibility
- Eligibility: You must be at least 13 years old to create an account and use the Service.
- If you are 18 years of age or older (or the age of majority in your jurisdiction), you represent and warrant that you have the legal capacity to enter into these Terms.
- If you are between 13 and 18 years old (or the age of majority in your jurisdiction, a "Minor"), you may only use the Service if your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By creating an account or using the Service as a Minor, you represent and warrant that your parent or legal guardian has consented to your use and agreed to these Terms.
- If you are a parent or legal guardian permitting a Minor to use the Service, you agree to: (i) supervise the Minor's use of the Service; (ii) assume all risks associated with the Minor’s use of the Service, including their interaction with AI-generated content and any information they provide or is collected as described in our Privacy Policy; (iii) ensure the accuracy and truthfulness of all information submitted by you or the Minor; and (iv) assume full responsibility for the Minor’s compliance with these Terms and our Privacy Policy.
If you do not meet these requirements, or if you are accessing the Service from outside the United States, you must not access or use the Service, and we may terminate your access.
- Lawful Use: You agree to use the Service only for lawful purposes and in accordance with these Terms.
- Prohibited Actions: You agree not to misuse the Service. This includes, but is not limited to, uploading inappropriate, harmful, or infringing content (including content that infringes on intellectual property rights); attempting to disrupt or compromise the Service's security or integrity; or using the Service for any commercial solicitation.
- Image Uploads: You may only upload images that are relevant to educational queries (e.g., math or science problems) and that you have the necessary rights to share. You represent and warrant that you have all necessary rights to any content you upload and that your content does not infringe upon the intellectual property rights of any third party.
- Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.
- Right to Modify or Terminate Service: We reserve the right to modify, suspend, or terminate your access to the Service, or the Service itself, or any feature or functionality thereof, at any time, with or without notice, for any reason, including for violation of these Terms, and without liability to you.
3. User Conduct
When using Quantum Tutor AI, you agree NOT to:
- Violate any applicable local, state, national, or international laws, regulations, or these Terms.
- Use the Service for any unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or otherwise objectionable purpose.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
- Transmit viruses, malware, worms, or other malicious code that could harm the Service, other users, or third parties.
- Collect or harvest any personally identifiable information, including account names, from the Service without authorization.
- Use Quantum Tutor AI to generate, share, or solicit content that infringes on any intellectual property, privacy, or publicity rights of a third party.
- Impersonate or attempt to impersonate Quantum Tutoring, a Quantum Tutoring employee, another user, or any other person or entity.
4. Intellectual Property Rights
- Our Intellectual Property: The Service and all its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Quantum Tutoring, its licensors, or other providers of such material. These are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your Content ("User Content"): You retain ownership of any intellectual property rights that you hold in the content you submit to the Service (e.g., your chat inputs and uploaded images, collectively "User Content"). By submitting User Content to the Service, you grant Quantum Tutoring a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content. This license is for the purposes of operating, providing, promoting, developing, and improving the Service and our other products and services, including the underlying AI models, as further described in our Privacy Policy. This license continues even if you stop using our Service, primarily to maintain conversation history and for ongoing service improvement.
- AI-Generated Content: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, perpetual, worldwide license to use the AI-generated content ("Generated Content") provided to you by the Service for your personal, non-commercial, educational purposes. You acknowledge that Generated Content is produced by an AI model and may not always be accurate or complete.
- Feedback: If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us the right to use such Feedback without any restriction or compensation to you.
- Respect for Intellectual Property & DMCA Notice: We respect the intellectual property rights of others and expect our users to do the same. You are solely responsible for the User Content you submit and ensuring you have the rights to use it. If you believe material on the Service infringes your copyright, please notify us by e-mail at [email protected] with ‘DMCA Notice’ in the subject line; we may remove or disable access to the material at our discretion. If we are notified that any User Content allegedly infringes upon the intellectual property rights of a third party, we may remove such User Content in our sole discretion, with or without notice to the user.
5. Subscriptions, Fees, Billing & Refunds
- The Service now offers these tiers (subject to change):
- Starter: 25 messages / month – free
- Pro: 1,500 messages / month – $12 USD billed monthly
- Pro Yearly: 18,000 messages / year – $96 USD billed yearly
- Auto-renewal: Paid subscriptions renew automatically at the end of each billing period unless you cancel via the in-app "Manage Subscription" link or directly in the Stripe Customer Portal.
- Payment processing: All card payments are handled by Stripe, Inc. ("Stripe"). We never store full card numbers; Stripe processes and secures your payment information in accordance with the Stripe Privacy Policy.
- Taxes: Prices listed are exclusive of any applicable taxes. Stripe will calculate and add required taxes at checkout where we are obliged to collect them.
- Cancellation & refunds: You may cancel at any time; access remains until the end of the paid period. Except where required by law, payments are non-refundable and we do not provide pro-rated refunds for partial periods.
- Failed payments: If a renewal charge fails, we will notify you and your account may be downgraded to Starter as determined by Stripe's payment retry policies.
- Chargebacks: If you initiate a chargeback we may immediately suspend your subscription pending resolution. Legitimate chargebacks will be honored; otherwise we reserve the right to recover the disputed amount and a processing fee.
- Price Changes: We will give at least 30 days' notice by email before any subscription price increase. Continued use after the notice period constitutes acceptance.
Automatic Renewal Consent: By clicking "Pay" (or equivalent), you authorize Quantum Tutoring to charge your payment method automatically at the start of each billing cycle until you cancel.
6. Third-Party Payment Processor
Quantum Tutor AI uses Stripe to process subscription payments. By purchasing a paid plan you agree to be bound by Stripe's End User Terms and authorize us to share the information you provide during checkout with Stripe to facilitate payment and account management.
7. AI-Generated Content Disclaimer
- The Service utilizes artificial intelligence to generate educational content and guidance. While we strive for accuracy, clarity, and helpfulness, we make no warranties or representations regarding the accuracy, completeness, reliability, or suitability of any information or guidance provided by the Service.
- You acknowledge that AI-generated content may contain errors, omissions, or inaccuracies. You should carefully review all information and, where appropriate, check important information with other reliable sources (such as textbooks, teachers, or academic journals).
- The Service is designed as a learning aid and educational tool. It is not a replacement for professional educational advice, formal teaching, or your own academic efforts and critical thinking.
- We are not responsible for any academic outcomes, grades, or consequences resulting from your use of or reliance on the Service.
8. Privacy
Your use of Quantum Tutor AI is also subject to our Privacy Policy, which is part of these Terms. Our Privacy Policy describes how we collect, use, and protect your personal information, including information related to Minors using the Service with parental consent. By using Quantum Tutor AI, you (and your parent/guardian, if applicable) consent to all actions taken by us concerning your information in compliance with our Privacy Policy.
9. Disclaimers of Warranties & Limitation of Liability
- "AS IS" SERVICE: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
- NO GUARANTEE: WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED.
- LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL QUANTUM TUTORING, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES. THIS INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
- AGGREGATE LIABILITY CAP: IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (\$100) OR (B) THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
- THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. Indemnification
You (and your parent/guardian, if you are a Minor) agree to defend, indemnify, and hold harmless Quantum Tutoring, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service except to the extent such claims arise solely from our gross negligence or willful misconduct. This includes, but is not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.
11. Termination
We may suspend or terminate your access to all or part of the Service at any time, with or without notice, for any reason. This includes, without limitation, if we believe you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that, by their nature, should survive termination will do so, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- a. Governing Law and Venue. These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms that is not subject to arbitration will be brought exclusively in the federal or state courts located in Santa Clara County, California, and the parties hereby consent to the personal jurisdiction and venue therein.
- b. Informal Dispute Resolution First. We both agree to try to resolve any dispute informally before starting a formal legal action. To do this, the party with a concern must send a written notice to the other (to [email protected] if you are notifying us, or to your account email if we are notifying you). We will then try to resolve it within 30 days of receipt of the notice.
- c. Binding Individual Arbitration.
If we cannot resolve a dispute informally, you and Quantum Tutoring agree to resolve nearly all disputes through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. This means you waive your right to a jury trial and to have a court decide your dispute (except for the limited exceptions below). If you are a Minor, this agreement to arbitrate must be agreed to by your parent or legal guardian.
- The arbitration will be decided by a single, neutral arbitrator.
- If you are in the U.S., you can choose for the arbitration hearing to be in your county of residence, Santa Clara County, CA, or held remotely (by phone/video or based on written documents). For users outside the U.S., hearings will generally be remote.
- The allocation of AAA administrative and arbitrator fees will be governed by the AAA's Consumer Arbitration Rules then in effect. If you are a consumer, the AAA rules may limit your share of these fees (e.g., to $200 for the filing fee). Each party will be responsible for its own attorney's fees unless the law or the arbitrator determines otherwise.
- d. Exceptions to Arbitration. Either of us can still go to small claims court for qualifying individual claims. Also, either of us can ask a court for an injunction (or other equitable relief) to stop misuse or infringement of intellectual property rights (like trademarks, trade secrets, copyrights, or patents) without first engaging in arbitration or the informal dispute-resolution process described above.
- e. NO CLASS ACTIONS. You and Quantum Tutoring agree that all disputes must be brought in our individual capacities only, not as a plaintiff or class member in any purported class, collective, consolidated, or representative action. The arbitrator cannot combine more than one person's claims or preside over any class proceeding unless we both agree otherwise in writing. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be
severed from the arbitration and may be brought in court. All other claims will still be arbitrated.
- f. 30-Day Opt-Out Period for Arbitration. You (or your parent/guardian on your behalf, if you are a Minor) can choose to reject this arbitration agreement. To opt out, you must email [email protected] within 30 days of first agreeing to these Terms (e.g., when the account is created or these Terms are first accepted). Your email subject must be "Arbitration Opt-Out" and must include the full name associated with the Quantum Tutor AI account, the account email address, and a clear statement that you (or your parent/guardian on your behalf) are opting out of arbitration. If you opt out, disputes will be resolved in court as per Section 12.a. Opting out of this arbitration provision does not affect any other part of these Terms.
13. General Provisions
- Entire Agreement: These Terms and our Privacy Policy are the complete and only agreement between you (and your parent/guardian, if applicable) and Quantum Tutoring regarding the Service. They replace all prior or contemporaneous discussions, agreements, representations, and warranties, both written and oral, regarding the Service.
- Waiver and Severability: No waiver by Quantum Tutoring of any term or condition set out in these Terms shall be considered a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Quantum Tutoring to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
- Assignment: You may not assign these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign our rights and obligations under these Terms freely at any time without notice to you.
- Notices: We may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
14. Contact Information
If you have any questions about these Terms, please contact us at [email protected].