Welcome to Global Education Technology, LLC ("Flalingo", "we", "us", "our" or "Platform") website and application! We connect individuals who want to learn a language (“Students”) with an experienced speaker who can help them learn (“Tutors”) for real time video chat language tutoring sessions (“Tutoring Services”). This Tutor User Agreement (the “Agreement”) applies to Tutors (collectively, “Tutors,” “you,” or “your”), whether through our websites, flalingo.com or mobile device applications. The purpose of this agreement is to set out the terms and conditions for using Flalingo as a Tutor.
Please read this agreement carefully. This agreement provides that almost all disputes between you and Flalingo are subject to binding arbitration and contains a waiver of class and collective action rights and any right to a jury trial as detailed in the arbitration and class action waiver section below (see section 13) by entering this agreement, you give up your right to sue in court, have your claims heard by a jury, and to be part of a class or collective action, to resolve these disputes, as explained in more detail in that section.
Please review this agreement in its entirety. By accessing the platform or registering for a user account, you acknowledge that you have read, understood, and agree to be bound by this agreement, including, as applicable, the arbitration and class action provisions and video recording provisions, and that you are binding you, your heirs, assigns, and successors to this agreement. If you do not agree to all of the terms and conditions of this agreement, you may not access or use the platform.
You may use the Platform only if you can form a binding contract with Flalingo, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
To become a tutor, you must be over the age of 18. By approving this agreement, you declare that you are over the age of 18.
If Flalingo has previously prohibited you from accessing or using the Platform, you are not permitted to access or use the Platform.
You understand that Flalingo provides an online marketplace that connects Students with Tutors. You acknowledge that Tutors are independent contractors operating an independent business enterprise who use the Platform to offer and provide Tutoring Services to Students. Flalingo is not an employer of, or joint employer or integrated or single enterprise with any Tutor. You understand that, except as otherwise specifically agreed between Student and Tutor, Tutor will provide all equipment, tools, materials, and labor that he or she needs to perform the Tutoring Services agreed to with Student and that Flalingo will provide no equipment, tools, materials, or labor that may be needed to perform the Tutoring Services under this Agreement. Flalingo will, however, in its discretion, provide Tutors with access to the Platform to facilitate access to available, optional support resources and materials.
Independent Contractor Status. It is the express intention of the parties to this Tutor Agreement that Tutor is an independent contractor and not an employee, agent, joint venturer or partner of Flalingo for any purposes whatsoever. Tutor shall not be entitled to any benefits that Flalingo may make available to employees from time to time. Tutor shall be solely responsible for all state and federal income taxes, unemployment insurance and social security taxes and for maintaining adequate workers' compensation insurance coverage.
Performance of Services. Tutor shall have the right to control and determine the time, place, methods, manner and means of performing tutoring services on the Platform (the “Tutor’s Services”). In performing the Tutor’s Services, the amount of time Tutor uses the Platform on any given day will be entirely within Tutor's control. Tutor will provide all equipment and supplies required to perform the Tutor’s Services, including supplying the electronic device to operate the App or the Site.
Teaching Discretion. In the performance of the Tutor’s Services, Tutor has the authority to control and direct the performance of the details of the Tutor’s Services, including the specific lessons, vocabulary or exercises used by Tutor in the execution of the Tutor’s Services. However, the Tutor’s Services contemplated by this Agreement must meet Flalingo’s quality and service standards and shall be subject to Flalingo’s general right of inspection and supervision.
Non-Exclusivity and Non-Solicitation. Tutor retains the right to contract with other companies or entities for his or her consulting services without restriction. Likewise, Flalingo retains a reciprocal right to contract with other companies and/or individuals for consulting services without restriction. However, Tutor shall not directly or indirectly, either alone or in association with others, during the Tutor’s offering or provision of the Tutor’s Services on the Platform and for six (6) months thereafter, solicit, induce or attempt to induce, any Student to terminate his or her relationship or other engagement with Flalingo and receive Tutor’s Services outside the App or the Site.
Scope of Authority. Tutor is not authorized to transact business, incur obligations, sell goods, receive payments, solicit orders or assign or create any obligation of any kind, express or implied, on behalf of Flalingo or any of Flalingo’s related or affiliated entities, or to bind in any way whatsoever, or to make any promise, warranty or representation on behalf of Flalingo or any of Flalingo’s related or affiliated entities with respect to any matter, except as expressly authorized in a writing signed by an authorized representative of Flalingo. Tutor shall not use Flalingo’s trade names, trademarks, service names or servicemarks without the prior written approval of Flalingo.
Federal Tax Return Filing. Tutor agrees to report income received from the Flalingo for consulting services under this Agreement consistent with the reporting requirements of an independent contractor.
Flalingo’s Privacy Policy is incorporated into this Agreement. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information. Tutors will receive Personal Data of Students in the course of Tutors providing and Students receiving Tutoring Services. As used in this Section 3, Personal Data shall have the meaning assigned to the terms “personal data” or “personal information” under applicable data protection laws, such as the General Data Protection Regulation (EU 2016/679) (“GDPR”) or the California Consumer Privacy Act (“CCPA”). With respect to any Personal Data obtained by Tutor pursuant to this Agreement, Tutor agrees to independently comply with its obligations as a “controller” under the GDPR, and a “business” under the CCPA, to the extent applicable to Tutor.
To use the Platform and offer tutoring services to Students, Tutors must register and create an account through the App or the Site. As part of the registration process, we may require a Tutor to: (i) create a unique user name and password, (ii) provide an e-mail address, (iii) indicate Tutor’s current country of domicile, (iv) indicate Tutor's native language, (v) indicate the other languages they want to include in their profile and at what level they know these languages, (vi) indicate Tutor’s gender, (vi) indicate Tutor’s PayPal account or other payment info, and (vii) indicate that Tutor is at least eighteen (18) years of age. You agree that the information you provide, at all times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept confidential, accurate and up-to-date at all times.
When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify Flalingo. Except as provided herein, Flalingo accounts may only be used by the User who registered for that account. You agree not to share your user name and password or otherwise permit any other person to access or use your Flalingo account. Under no circumstances may a Tutor allow other individuals to use the Tutor’s account to perform any Services.
Prospective Tutors may apply to Flalingo to offer their tutoring services through the Platform. Flalingo reserves the right to request information to assess your eligibility to offer your tutoring services, and Flalingo may accept or deny your request for any reason or no reason in Flalingo’s sole discretion.
If you are accepted as a Tutor on the Platform, you will be eligible to provide tutoring services through the Platform to Students. You agree to use your best efforts in the performance of your tutoring services, and you further agree to cooperate with Flalingo’s personnel, not to interfere with the conduct of Flalingo’s business, and to observe all Flalingo rules, regulations and security requirements with respect to the safety and safeguarding of persons and property.
Without limiting the Agreement, Tutor agrees that all files, materials, documents, records, and data shall be and are the exclusive property of Flalingo to be used by Tutor only in the performance of his duties for Flalingo and shall not be copied or removed from Flalingo except in the pursuit of the business of Flalingo. Tutor’s obligations with respect to proprietary information of Flalingo also extends to such types of information, materials and tangible property of customers of Flalingo or suppliers to Flalingo or other third parties who may have disclosed or entrusted the same to Flalingo or to Tutor.
Flalingo the right and permission to use in perpetuity, Tutor’s name, likeness, image, voice, recorded voice, appearance, recorded appearance (including through video or photography), biographical information, performance and/or testimonial(s) (collectively, “Appearance”) in any manner and in any media, now known or later developed, throughout the world, at any time, for the purpose of advertising and publicizing the Flalingo’s products and services, without review, permission or compensation of any amount or kind whatsoever. Flalingo shall have complete ownership of any recording, product, copy, presentation or other material or file containing or featuring Tutor’s Appearance (“Ad Product”), including copyright interests, and Tutor acknowledges it has no interest or ownership in the Ad Product (or any portion thereof) or its copyright. This grant includes without limitation the right for Flalingo to edit, abridge, augment, title, or create a compilation from Tutor’s Appearance in whole or part as Flalingo may elect in its sole discretion.
Tutor shall comply with the U.S. Children’s Online Privacy Protection Act (“COPPA”), 15 U.S.C. §§ 6501-6508, and the COPPA Rule, 16 CFR Part 312, when providing Tutor’s Services to Students Minor Students. As used herein, Minor Students shall be Students under the age of 13 in the United States, Students under the age of 16 in the European Union, and Students under the age of 14 in Spain or South Korea. In accordance with COPPA, the COPPA Rule, and this Addendum, Tutor shall not use any content or information obtained from Minor Students provided during video chat sessions, through messaging with Minor Students, or otherwise provided by Minor Students to Tutor or obtained by Tutor, except solely to provide Tutor’s Services to Minor Students. Tutor shall not disclose any content or information of or about Minor Students to any third parties other than Flalingo, and Tutor agrees to delete or destroy any content or information of or about Minor Students upon request of Flalingo.
In addition to the other rules and prohibitions set forth in this Agreement, you will comply with the tutor rules and tutor behavior guidelines set out in Annex 1 in this document.
In return for the Instructor performing the Instructor's Services, the Instructor will be remunerated for lesson time spent performing the Instructor's Services through the App or Site, as recorded in Flalingo's sole discretion. Flalingo shall pay Tutor monthly. Tutor has performed at least $20.00 of Tutor’s Services. However, if Tutor does not perform at least $20.00 of Tutor’s Services within any sixty (60)-day period, Flalingo shall pay Tutor for Tutor’s Services in full. All payment by Flalingo to Tutor shall be made through a third-party payment processor (e.g. PayPal, Transferwise) designated by Flalingo in Flalingo’s sole discretion. All payment terms and conditions are governed by your applicable agreements with the third-party payment system, as applicable. Tutor has all necessary rights in such account with the third-party payment processor to authorize Flalingo to make payments to such account, and Tutor agrees that payments made to the account designated by Tutor on the Platform satisfies all of Flalingo’s obligations hereunder. Flalingo is not responsible for any issues that Tutor may experience with Paypal or any other third-party payment processor. If Tutor has any questions concerning the third-party payment processor and its practices, Tutor may contact the third-party payment processor directly.
Sessions may be recorded or monitored. You hereby consent to: (i) the monitoring or recording of any Session you engage in, including your likeness therein; (ii) Flalingo copying and using such recordings for purposes of providing the Services, including without limitation for purposes of Tutor evaluation, Tutor training, dispute resolution and improving the Platform; (iii) such recording being made available to the other party to the Session, including the Student or parents of a Student; (iv) such recordings being made available for you to review; and (v) such recording being used or disclosed by Flalingo to the extent required by law or legal process or to the extent Flalingo deems necessary for purposes of enforcing or protecting its rights or the rights of a third party. You hereby waive any rights of publicity, privacy or other rights under applicable law to the extent such rights could be used to prevent Flalingo from using Session recordings for the limited purposes set forth in this subsection or as you otherwise agree, and hereby grant a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable, and transferable license under any intellectual property rights you may have in or to any Session recording or content therein to Flalingo to copy, modify, distribute and use such recording and content for its business purposes as set forth hereunder or as required by law or legal process. Not with standing the foregoing, you may have certain choices with respect to access to or our retention of session recordings as set forth in our Privacy Policy.
We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate, or cancel your account in whole or in part. If we exercise our discretion under this Agreement to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from Flalingo support teams; and (b) if appropriate in our sole discretion, we may communicate to other Users that your Account has been terminated, blocked, suspended, deactivated, or cancelled, and why this action has been taken. You may cancel your use of the Platform and/or terminate your account at any time by emailing [email protected]. Please note that if your account is cancelled, we do not have an obligation to delete or return to you any User Content you have posted to the Platform unless otherwise required under applicable law. If we terminate the account of a Tutor, the applicable Tutor shall be entitled to payment for tutoring services performed by the Tutor prior to the effective date of termination, payable within sixty (60) days of termination. Such payment shall constitute full settlement of any and all claims of Tutor of every description against Flalingo.
You agree to indemnify and hold Flalingo, and its affiliated companies, and its suppliers, licensors and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Platform, violation of the rights of any other person or entity, or any breach of this Agreement. Tutor shall further be solely liable for, and shall indemnify, defend and hold harmless Flalingo and its successors and assigns from and against any claim or liability of any kind (including penalties, fees or charges) resulting from Tutor’s failure to pay the taxes, penalties, and payments due under this Agreement,. Tutor shall further indemnify, defend and hold harmless Flalingo and its successors and assigns from and against any and all loss or damage resulting from any misrepresentation, or any non-fulfillment of any representation, responsibility, covenant or agreement on his part, as well as any and all acts, suits, proceedings, demands, assessments, penalties, judgments of or against Flalingo relating to or arising out of the activities of Tutor and Tutor shall pay reasonable attorneys' fees, costs and expenses incident thereto. Flalingo reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
Flalingo may make modifications to this Agreement (“Changes”) at any time. Except as explicitly provided in this Agreement, such Changes will be effective as to existing Users after Flalingo provides notice of the Changes, either through the Platform user interface or sent to the e-mail address associated with your User account; and when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes. If you provide written notice that you do not accept a proposed Change or decline to expressly agree to a proposed Change, Flalingo may terminate this Agreement and your use of the Platform.
Subject to restrictions and prohibitions in applicable law, you and Flalingo mutually agree to resolve any and all covered justiciable disputes between you exclusively through final and binding arbitration instead of a court or jury trial. Except as explicitly stated otherwise in this Arbitration and Class Action Waiver section, this arbitration agreement requires the arbitration of any claims that Flalingo or you may have against the other or against any of their:
Scope. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and applies to any and all claims or controversies, past, present or future, arising out of or relating to this Agreement, this arbitration agreement, or any access or use of the Platform, including without limitation, Tutor’s independent contractor classification, Tutor’s provision of services, Student’s receipt of services, any payments made to Tutor through the Platform or arising out of or relating to the acceptance or performance of services arranged through the Platform, the termination of this Agreement, claims of harassment, retaliation, or discrimination and all other aspects of a Student’s or Tutor’s relationship (or the termination of its relationship) with Flalingo, whether arising under federal, state or local statutory and/or common law. You and Flalingo agree that the mutual obligations contained in this Agreement and to arbitrate disputes provide adequate consideration for this arbitration agreement. Without limitation, claims covered by this arbitration requirement include any statutory claims under state or federal law, including, but not limited to, claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, the Older Workers Benefit Protection Act, the California Fair Employment and Housing Act, the California Labor Code, claims of harassment, discrimination or wrongful termination and any statutory claims.
Most disputes can be resolved without resort to litigation. You can reach Flalingo’s support department at [email protected]. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Flalingo support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. If either party initiates arbitration, the initiating party must notify the other party in writing via U.S. Mail, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include: (i) the name and address of the party seeking arbitration; (ii) a statement of the legal and factual basis of the claim; and (iii) a description of the remedy sought. Any demand for arbitration by Student or Tutor must be delivered to Flalingo at 445 South California Avenue Palo Alto CA 94306 United States. The Arbitrator will resolve all disputes regarding the timeliness or propriety of the demand for arbitration. The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
You and Flalingo mutually agree that by entering into this arbitration agreement to arbitrate, both waive their right to have any covered dispute or claim brought, heard or arbitrated as a class action and/or collective action, and an Arbitrator will not have any authority to hear or arbitrate any class and/or collective claim (“Class Action Waiver”).Notwithstanding any other clause contained in this arbitration agreement or the AAA Rules, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an Arbitrator. The Class Action Waiver will be severable from this arbitration agreement in any case, in which (1) the dispute is filed as a class and/or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void, or voidable. In such case, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
Except as otherwise stated in this arbitration agreement, any arbitration shall be governed by the American Arbitration Association Commercial Arbitration Rules (“AAA Rules”), subject to the following:
Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
30-Day Right to Opt Out. Unless you have previously agreed to an arbitration and class action waiver provision for disputes with Flalingo, you have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you used to register for your account) written notice of your decision to opt out to [email protected] with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Platform or the effective date of the first Agreement containing an Arbitration and Class Action Waiver section, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Flalingo also will not be bound by them.
Changes to This Section. Flalingo will provide thirty (30) days' notice of any changes affecting the substance of this section by posting on the Platform, sending you a message, or otherwise notifying you when you are logged into your account. Amendments affecting the substance of this section will become effective thirty (30) days after they are posted on the Platform or sent to you. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Platform.
This arbitration agreement survives after the termination of this Agreement and/or after you cease any relationship with Flalingo.
Under this Agreement, you consent to receive communications from Flalingo electronically. Flalingo will communicate with you by e-mail or by posting notices on the Sites or Apps. You agree that all agreements, notices, disclosures, and other communications that Flalingo provides to you electronically satisfy any legal requirement that such communications be in writing. Except as provided herein, all notices and communications to Flalingo shall be in writing and shall be deemed to have been duly given or made (i) with delivery by hand, when delivered, (ii) with delivery by certified or registered mail, postage prepaid; or (iii) with delivery by internationally recognized overnight courier. Notices to Flalingo shall be sent to 445 South California Avenue Palo Alto CA 94306 United States.
Language. Any action brought under this Agreement shall be conducted in the English language.
Severability. In the event any provision of this Agreement shall be held invalid, the same shall not invalidate or otherwise affect in any respect any other term or terms of this Agreement, which term or terms shall remain in full force and effect.
Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Flalingo without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. The terms of this Agreement bind and inure to the benefit of each party and the party’s successors and permitted assigns.
Non-Waiver. No delay or omission by Flalingo in exercising any right under this Agreement shall operate as a waiver of that or any other right. A waiver or consent given by Flalingo on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion.
Headings. The headings and other captions in this Agreement are included solely for convenience of reference and will not control the meaning and interpretation of any provision of this Agreement.
Governing Law; Jurisdiction. Other than the Arbitration and Class Action Waiver provision, which shall be governed by the Federal Arbitration Act, this Agreement will in all respects be governed by the laws of the State of California, United States of America, without reference to its principles of conflicts of laws.
Contact Us. Please contact us at [email protected] with any questions regarding this Agreement.
Annex I Tutor Behaviour GuidlinesBe a brand ambassador: We are always open to suggestions and constructive criticism, but you must avoid making any negative or disparaging comments about the platform to your students. Remember you are the face of the Company so we expect tutors to maintain a high degree of professionalism.
Do not promote your own business.
Do not exchange personal information with your students, including email address, phone number, social media, or links to your profile in other live tutoring platforms.
The tutor shall open a minimum of 20 hours of availability weekly.
Lessons must happen on our platform.
Lessons can only be recorded with the express permission of the student.
Please have a back-up plan in case you experience any technical difficulties, such as connection issues on either side. Remain positive and calm and follow the instructions provided on how to report these.
Flalingo, when teachers cancel a class, whether it is with an excuse or without an excuse, reserves the right to deduct fees from the teachers' relevant lesson-generated earnings and past balances. Tutors have high expectations to uphold, and we reserve the right to choose who serves our customers without any contractual requirement to provide notice of removal.
Bannable offenses
The below actions will lead to immediate termination and removal of your account.
The Tutor agrees to provide accurate and up-to-date information regarding their personal details and residency address to the Company. The Tutor confirms that the information provided is true and correct to the best of their knowledge. Any changes to this information must be promptly communicated to the Company.
The Tutor acknowledges that providing false or misleading information may result in disciplinary action, including termination of employment. The Company reserves the right to verify the accuracy of the information provided and may request supporting documentation, such as identification cards or utility bills, to verify residency.
By signing this contract, the Tutor acknowledges and agrees to comply with the above requirements regarding the verification of personal information.