Wisdom Collective, Inc. dba Savvy - Terms of Service
- October 26, 2016: Added rules for the Savvy Learner Referral Program
- July 18, 2016: Updated Stripe Terms, Adding Paypal payout option
- Stripe updated their Service Agreement
On July 18th, Stripe updated their Services Agreement (formerly the Terms of Service) for users in the U.S. to better reflect the new products and features we've launched, including Connect and Relay. They've also improved the clarity and consistency throughout the agreement. You can see the latest here: https://stripe.com/
- We're adding the option to pay teachers with Paypal
- November 30, 2015: Added Terms for Gift Certificates
- September 28, 2015: Included Payment Terms (Stripe)
Welcome to Savvy!
Wisdom Collective, Inc. (“Wisdom Collective,” “we,” “us,” “our”, “Savvy”) provides its services (described below) to you through its website located at http://savvy.is (“Site”, “Website”, “Savvy”), mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
Access and Use of the Service
Services Description: The Savvy Service connects users seeking knowledge (collectively, “Learner(s)”) to information, expertise, content, persons, skills, services and offers related to subjects and areas of interest for the purpose of learning, education, information acquisition, coaching, mentoring, guidance (collectively, “Session(s)”), and provides users with expertise (collectively, “Teacher(s)”) with a platform to provide Learners with such information and sessions.
If you are registering on behalf of a Teacher, you represent and warrant that you have the authority to bind such Teacher to these Terms of Service, and, for purposes hereof, the term “you” shall also be deemed to include the Teacher on whose behalf you have registered for the Service.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Savvy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Savvy will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: Savvy reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Savvy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Savvy may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Savvy’s servers on your behalf. You agree that Savvy has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that Savvy reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Savvy reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Savvy and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Savvy account information to ensure that your messages are not sent to the person that acquires your old number.
Conditions of Use
User Conduct: You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “post”) or email or otherwise transmit or use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Savvy. Savvy reserves the right to investigate and take appropriate legal action against anyone who, in Savvy’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- post, email or otherwise transmit any content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of Savvy, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Savvy or its users to any harm or liability of any type;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Teacher Fee Terms: If you are a Teacher, Savvy will endeavor to remit Revenue (defined below) to you, less Savvy’s applicable fees (as described on the Site and in the Services), within thirty days of the Start Date (defined below). For purposes hereof, “Revenue” shall mean gross revenue actually received by Savvy from its sale of Sessions hereunder, less taxes, refunds, returns, chargebacks, and bad debt. For purposes hereof, the “Start Date” shall be defined as 24 hours after the successful conclusion of the relevant Session. If the Session got canceled or rescheduled by the Teacher, the Cancellation Policy defines whether or not Revenue will be remitted. All Revenue will be paid to Teacher in accordance with the payment information provided by the Teacher to Savvy through the Service, and Teacher is solely responsible for ensuring such information remains accurate and up to date. Teacher will be responsible for all taxes in connection with the Sessions (excluding taxes based on Savvy’s net income). If Teacher disputes any payments, Teacher must let Savvy know within sixty days after the date that Savvy pays you.
Cancellation and Refunds: If you wish to cancel or obtain a refund for a Session, please see Savvy’s Cancellation Policy located at Cancellation Policy.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used for direct commercial endeavors.
All Sessions made available in connection with the Service are made available directly by the relevant Teacher (not Savvy itself) and are redeemable solely for the applicable services of the relevant Teacher. The Teacher, not Savvy, is the provider of the Session and the services and is solely responsible for redeeming any Offer you purchase.
The following terms and conditions apply to all Sessions:
- Redemption frequency is determined by Teacher.
- Use of Sessions relating to alcoholic beverages is at the sole discretion of the Teacher and is subject to compliance with applicable law.
- Sessions cannot be combined with any other Sessions, vouchers, third party certificates, coupons, or promotions, unless otherwise specified by the Teacher.
- Session credit cannot be used for taxes, tips or prior balances, unless permitted by the Teacher.
- Reproduction, sale or trade of any Session is prohibited.
- Sessions are void to the extent prohibited by law.
If you are a Teacher, you are the holder and issuer of each Session you make in connection with the Service. Teachers agree to accepting a Learner’s purchase of a Session at any time they marked and published as available for Savvy Sessions in their calendar. As a holder and issuer of the Session, the Teacher represents, warrants and agrees that it (i) has obtained all necessary permits, licenses and certifications to hold and issue a Session as required by applicable law, (ii) shall fully honor and redeem all Sessions and (iii) shall be solely and fully responsible for any and all injuries, illnesses, damages, claims, liabilities, losses and costs suffered by or related to a customer concerning any Session or caused in whole or in part the Teacher, as well as for any unclaimed property liability arising from unredeemed Sessions or portions thereof. Each Teacher hereby waives, and releases and will hold harmless Savvy and its officers, directors, employees and agents from, any claim, liabilities, losses, damages, or injury arising from or related to any Session or any act or omission of Teacher in connection with an Session or the services or goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of Sessions or any portion thereof.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Savvy, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Savvy, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Savvy.
The Savvy name and logo are trademarks and service marks of Wisdom Collective, Inc. (collectively the “Savvy Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Savvy. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Savvy Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Savvy Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Savvy be liable in any way for any content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that Savvy does not pre-screen content, but that Savvy and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Savvy and its designees shall have the right to remove any content that violates these Terms of Service or is deemed by Savvy, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Posted on the Site: You are solely responsible for the content and other materials you post on or through the Service or the Site or transmit to or share with other users or recipients (collectively, “User Content”). You will not post or transmit any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting any User Content you hereby grant and will grant Savvy and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service. Additionally, by posting any User Content publicly, you hereby grant and will grant Savvy and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content for the promotion, advertising or marketing of the Service, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to Savvy are non-confidential and Savvy shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Savvy may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Savvy, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Savvy respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Savvy of your infringement claim in accordance with the procedure set forth below.
Savvy will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Savvy’s Copyright Agent at [email protected] (Subject line: “DMCA Takedown Request”).
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site or Service, with enough detail that we may find it on the Site or Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Savvy will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Savvy has adopted a policy of terminating, in appropriate circumstances and at Savvy's sole discretion, users who are deemed to be repeat infringers. Savvy may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Savvy has no control over such sites and resources and Savvy is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Savvy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Savvy is not liable for any loss or claim that you may have against any such third party.
Third Party Services
In addition, Savvy is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Integrated Services. As such, Savvy is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Integrated Services. Savvy enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Savvy Learner Referral Program
Learners on Savvy enjoy their learning experience and often recommend Savvy to their friends. We’re starting a Savvy Learner Referral Program (“the program”) that rewards active learners (users who take paid Savvy lessons) for bringing new active learners onto the platform. A new active learner is a user who has not previously signed up for Savvy and has not taken a paid lesson on Savvy.
After taking a Savvy lesson select users ("the sender") may receive a referral code which they can share with a friend ("the receiver"). After the receiver completes a paid session, both the sender and the receiver get one $10 discount code each. These discount codes have no cash value and can’t be refunded. Discount codes can be redeemed as discount toward a future booking on Savvy.
There is no limitation to the number of learners a single active user can refer and receive rewards for. Credit is issued in form of discount codes. Multiple referral rewards increase the value of the discount code.
Discount codes are non-transferrable and are treated as Gift Certificates (see rules for redemption, expiration, limitations and policies, risk of loss and fraud in section “Gift Certificates” below).
Savvy reserves the right to select discount recipients, senders and receivers, to exclude users from receiving or using discount codes and to suspend or terminate the program anytime without notice.
Gift Certificates ("Gifts", "Gift Cards", "Gift Codes") must be redeemed through our Website. Only one Gift Certificate can be used in a single purchase. Gift Certificates can’t be combined with other Gift Certificates or Discounts. The recipient can use the Gift Certificate balance towards the purchase of Savvy Sessions or other valid products. Each Gift Certificate may be restricted to a specific service e.g. they may only be valid for booking a session with a specific teacher or for a specific topic or type of session. If a booking exceeds the amount of the Gift Certificate, the remaining balance must be paid with a credit card or other available payment method.
Gift Certificates do not expire. Once Gift Certificates are redeemed for a Savvy product or service, the Gift Certificates are considered used. Unused balance can be used toward a future purchase.
Gift Certificates cannot be used to purchase other Gift Certificates. Gift Certificates cannot be refunded, reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law.
d. Gift Certificate Policies.
Gift Certificates and their use on the Website are subject to compliance with all agreements and policies in effect. We may provide Gift Certificate purchasers with information about the redemption status of Gift Certificates.
e. Risk of Loss.
The risk of loss and title for Gift Certificates pass to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. We are not responsible for replacing or reissuing lost or stolen Gift Certificates.
We reserve the right to close user accounts and request alternative forms of payment if a fraudulently obtained Gift Certificate is either redeemed through Website or is redeemed and used to make purchases on the Website.
Additional Terms for Teachers
Providing Sessions. The Sessions listings and information you provide must be accurate, complete, and not misleading. You agree to not misrepresent in any way, whether material or not, any aspect of your identity, background, skills, qualifications, credentials, regulated status, or professional standing when using the Service. You agree to comply with all applicable laws and regulations in the jurisdictions in which you provide or offer to provide a Session. If your offer or provision of a Session requires a license or other regulatory approval, you must first obtain that license or approval and remain in good standing before offering or providing the Session.
You agree to protect the privacy and legal rights of the Learners of your Sessions. You are the sole data controller of the personal data you collect in relation with your Sessions and must comply with any applicable data protection law. If your Learners provide you with personal information, you must provide legally adequate privacy notice and protection for those Learners. Further, you may only use that information for the limited purposes for which the Learner has given you permission to do so.
Savvy has no obligation to display your Sessions listings or information and reserves the right to display Sessions listings or information to Learners in any manner determined by Savvy, including but not limited to the right to move a listing to a more appropriate category.
Verifying Teacher Details: Savvy may in some instances attempt to verify certain information provided by you, although Savvy has no obligation to do so.
Basic Use Requirements: To use the Service, you will need a device capable of making a video call and working Internet access.
Pricing and Payments: Savvy Sessions are provided for a fee. To charge a fee for your Session you must provide us with your payout information agree to the payment terms. You may not collect fees for a Session outside of Savvy. You may set the price for your Session in the currencies permitted by Savvy, but the price must be presented to the Learner inclusive of all applicable taxes (including value added taxes). The price of your Session may be displayed in your Learner’s local currency; however, Savvy is not responsible for the accuracy of currency rates or conversion.
You may be charged a fee to use the Service, as specified in Service Fees (which may be revised by Savvy from time to time).
You are also responsible for determining if a Session is taxable and the applicable tax rate to collect for each taxing jurisdiction where Sessions are sold. You are responsible for remitting taxes due on a Session to the appropriate tax authority. Where either Savvy or its payment processor is required by applicable (local) legislation to determine, apply, and pay the applicable taxes on payments made or received by any one of them, Savvy or the payment processor (and not you) will be responsible for applying, collecting, and remitting the taxes to the appropriate taxing authority. If Savvy collects and remits value added taxes on consumer payments (where required of Savvy by applicable local law) and this remittance fulfills the applicable requirements for value added taxes on those consumer payments, such taxes will not be passed on to you by Savvy. Where Savvy is required to collect and remit taxes as described in this section, you and Savvy will recognize a supply from you to Savvy for tax purposes, and you will comply with the relevant tax obligations arising from this additional supply. Savvy will deduct an amount equal to such taxes from the price you’ve set for your Session in addition to the applicable Sessions transaction fee, if any. The remainder (sales price less Sessions transaction fee and amount equal to any taxes paid by Savvy on your behalf) will be remitted to you. You are responsible for providing any applicable tax residency certificates to Savvy. If Savvy or its service provider does not receive such documentation, Savvy will deduct taxes at the applicable tax rate.
Other Payment Processing Methods: Savvy may make available to you various payment processing methods to facilitate the collection of fees for Sessions. You must abide by any relevant terms and conditions or other legal agreement, whether with Savvy or a third party, that governs your use of a given payment processing method. Savvy may add or remove payment processing methods at its sole discretion and without notice to you.
Special Refund Requirements: The payment processor’s terms and conditions regarding refunds will apply except that you authorize Savvy to give your Learner a full refund of the Savvy fee on your behalf in the event that you cancel the Session.
Recorded Sessions: You are not allowed to record a Session without the Learner’s explicit consent to the recording. Separately, Savvy may record a Session: (i) for quality assurance purposes; (ii) in response to a report of abuse as detailed below under “Misuse of the Service”; or (iii) for offering paid or free value-added services for the Learner or Teacher. You expressly authorize the use of your image for the purposes set out above.
Indemnification. You are solely responsible for, and Savvy has no responsibility to you or to any third party for any Sessions you offer or provide. To the maximum extent permitted by law, you agree to hold harmless and indemnify Savvy and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to your use of the Service; taxes related to the Sessions you provide; or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees, unless you can demonstrate that you are not at fault and have not breached any provisions of these Terms or that you are not responsible as a result of strict liability provisions under applicable law.
Additional Terms for Learners
Using the Service: You may use the Service to browse, locate, schedule, and/or take a Session. Some Sessions may be offered by Savvy while others may be made available by third parties (each referred to as a “Teacher”).
Important Disclaimers: Savvy does not participate in the provision of advice or the creation of the content of any Session offered by a Teacher, and does not represent or endorse and will not be responsible for: (a) the reliability or performance of any Teacher; (b) the safety, quality, accuracy, reliability, integrity or legality of any Session offered or provided by a Teacher; or (c) the truth or accuracy of the description of any Session offered or provided by a Teacher, or of any advice, opinion, offer, proposal, statement, data or other information provided by a Teacher displayed, distributed, or purchased through the Service. Savvy disclaims all liability for the actions, errors or omissions of Teachers.
We recognize that in some countries, you might have legal rights as a consumer. If you are using the Service for a personal purpose, then nothing in these Additional Terms limits any consumer legal rights which may not be waived by contract.
Verifying Teacher Details: Although Savvy may in some instances attempt to verify certain information provided by Teachers, Savvy has no obligation to do so and makes no representations regarding the accuracy of such verification. It is your responsibility to verify the identity, qualifications and status of a Teacher.
Basic Use Requirements: To use the Service, you will need a device capable of making a video call and working Internet access. This device and access to the Internet are not covered by any payment for a Session or Service.
When you schedule a Session you are committing to purchase that Session from the Teacher, so please review the Session description carefully before purchasing it. A Teacher may change the pricing and availability of a Session at any time before you purchase it. You can purchase Sessions on the Savvy site using the payment methods offered. Savvy may make available to you various payment processing methods to facilitate the purchase of a Session. You must abide by any relevant terms and conditions or other legal agreement, whether with Savvy or a third party, that governs your use of a given payment processing method. Savvy may add or remove payment processing methods at its sole discretion and without notice to you.
Once your purchase is complete, Savvy or Savvy’s payment processor may charge your credit card or other form of payment that you indicate for any Session ordered, along with any additional applicable amounts (including any Taxes). “Taxes” means any duties, customs fees, VAT or other taxes such as withholding taxes (other than income tax) associated with the sale of a Session, including any related penalties or interest. You agree to pay and are solely responsible for all amounts due for your purchase of a Session, including Taxes.
Compliance with Tax Laws: You must comply with any and all applicable tax laws , including the reporting and payment of any Taxes arising in connection with your use of the Service. The reporting and payment of any such applicable Taxes are your responsibility.
Refunds: The payment processor’s terms and conditions regarding refunds apply to your purchase of a Session except that you can also request a full or partial refund from the Teacher, and if the refund offered by the Teacher is unsatisfactory you can appeal that decision to Savvy under the terms of the 100% Satisfaction Guarantee. If a refund is granted for a Session, you may no longer be able to access the recording of that Session if one was made.
Recorded Sessions. You are not allowed to record a Session without the Teacher’s explicit consent to the recording. Separately, Savvy may record a Session (i) for quality assurance purposes; (ii) in response to a report of abuse as detailed below under “Misuse of the Service”; or (iii) for offering paid or free value-added services for the Learner or Teacher. You expressly authorize the use of your image for the purposes set out above.
Apple-Enabled Software Applications
Savvy offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
- Savvy and you acknowledge that these Terms of Service are concluded between Savvy and you only, and not with Apple, and that as between Savvy and Apple, Savvy, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iPhone OS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Savvy’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- Savvy and you acknowledge that Savvy, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Savvy and Apple, Savvy, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Savvy as follows:
- [email protected]
Savvy and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enable Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enable Software as a third party beneficiary thereof.
Indemnity and Release
You agree to release, indemnify and hold Wisdom Collective, Inc. and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SAVVY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SAVVY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SAVVY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SAVVY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL SAVVY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SAVVY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
At Wisdom Collective, Inc.’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before J.A.M.S./Endispute, Inc., or its successor. Unless otherwise agreed by the parties, arbitration will be held in San Francisco, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by J.A.M.S./Endispute, Inc., and will be conducted in accordance with the rules and regulations promulgated by J.A.M.S./Endispute, Inc. unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award shall be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
You agree that Savvy, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Savvy believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Savvy may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Savvy may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Savvy shall not be liable to you or any third-party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Savvy will have no liability or responsibility with respect thereto. Savvy reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Savvy and govern your use of the Service, superseding any prior agreements between you and Savvy with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service shall be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Savvy agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco, California. The failure of Savvy to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at :
Wisdom Collective Inc., 3435 Cesar Chavez Street, Suite 336, San Francisco CA 94110
Questions? Concerns? Suggestions?
Phew. That was quite a document to read. We’re glad you made it all the way through. Let us know your thoughts. We love to hear from you! Please contact us at [email protected] to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.