Terms of Service

Welcome to Dasa2!

Dasa2, Inc. (“Dasa2,” “we,” “us,” “our”) provides its services (described below) to you through its website located at Dasa2.com (the “Site”) and through its 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. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

Please read these Terms of Service carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against Dasa2 on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

When using certain aspects of the Services or using certain Services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, our Privacy Policy, Community Standards, Class Content Policy, and Tutor Guide. All such terms are hereby incorporated by reference into these Terms of Service.

The Services consist of an online marketplace and platform through which tutors may offer Classes for sale to Parents, and Parents may purchase such Classes for the benefit of their children. While Dasa2 strives to high standards of service, you acknowledge and agree that: (1) Dasa2 is not a party to any agreements entered into between tutors and Parents, (2) Dasa2 only provides certain tools to facilitate the purchase, sale and provision of Classes, (3) Parents contract for classes directly with tutors (4) Dasa2 is not a broker, agent (except as expressly set forth below) or insurer, and (5) Dasa2 disclaims all liability for the conduct of Tutors, Parents, or any other Users of the Site or Classes. Different sections of the Site and Terms of Service affect tutors and Parents differently, so please be sure to read these Terms of Service carefully.

Key Terms

“User” “you” or “your” means a person, organization or entity using the Services, including Parents and tutors.

“Parent(s)” means a parent or legal guardian who completes Dasa2’s account registration process to purchase Classes on the Site for the purpose of enrolling their child.

“Tutor(s)” means a person who completes Dasa2’s account registration process to sell Classes on the Site, or an organization that executes an agreement with Dasa2 to sell Classes on the Site.

“Class(es)” means any online class(es) submitted by a Tutor for sale on the Site.

Access and Use of the Service

Services Description: Dasa2’s Service is an online marketplace designed for Parents to find and book Classes for the benefit of their child or children, and for Tutor to market, sell and conduct their Classes. As the provider of an online marketplace, Dasa2 does not own, create, sell, resell, control, or manage any Classes. Dasa2's responsibilities are limited to: (i) providing the Site as an online marketplace and platform to facilitate the sale, purchase, and conduct of Classes, and (ii) serving as the limited agent of each tutor for the purpose of accepting payments from a Parent on behalf of the tutor. There are risks that you assume when dealing with other Users (including those who may be acting under false pretenses). While Dasa2 strives to provide a safe and welcoming environment for its Users, you agree that all of these risks are ultimately borne by you, and not Dasa2. Dasa2 does not control the behavior of Users or the quality of the Classes. As a result, Dasa2 cannot guarantee the authenticity, quality, safety, legality, or appropriateness of the Classes.

Your Registration Obligations: You will be required to register with Dasa2 in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. You must be of legal age to form a binding contract to register for the Service (in many jurisdictions, this age is 18). If you are not yet of legal age to form a binding contract, then you must get your Parent to read these Terms of Service and agree to them for you before you use the Service. If you are a Parent and you provide your consent to your child's use of the Service, then you agree to be bound by these Terms of Service with respect to your child’s use of 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 Dasa2 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. Dasa2 will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: Dasa2 reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Dasa2 will 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 Dasa2 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 Dasa2’s servers on your behalf. You agree that Dasa2 has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Dasa2 reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Dasa2 reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Class Recordings: Classes that take place through Dasa2’s video chat platform can be automatically recorded in future by Dasa2 or through tutors video call softwares (“Class Recordings”). We value student and tutor privacy, and our use of Class Recordings is extremely limited. Specifically, Class Recordings are made available only to the tutor providing the Class in question, in order to allow them to (1) provide a viewable copy to students who missed the Class, or who wish to review the Class, for their personal educational purposes; and (2) review the Class Recording personally in order to improve their Classes. Please note that in some cases, Classes are taught by a tutor that is actually an organization, group, or team of instructors. In such cases, Class Recordings may be accessed by the organization, and access would not necessarily be limited to a single individual instructor. In addition, Dasa2 may use Class Recordings to provide feedback to tutors, to improve our Services, for customer support, and for compliance purposes. Dasa2 retains Class Recordings for six months after the date of the applicable Class, subject to our Privacy Policy, after which they are deleted. Notwithstanding the foregoing, Dasa2 will also delete Class Recordings earlier than six months under the following circumstances: (a) upon the request of a Parent for the deletion of their child’s personally identifiable information, or (b) upon the reasonable determination of Dasa2 that a Class Recording should be removed to protect the privacy of certain Users or because of violations of these Terms of Service. We will not use Class Recordings containing images of you (or your children) for promotional or any other purposes without your express written consent. By using the services, you consent to you and/or your child appearing in Class Recordings for the limited purposes set forth above.

Certain tutor Obligations

Marketplace Basics: As a tutor, you must provide Dasa2 with any information requested in order for Dasa2 to list your Classes through its Services including but not limited to a description of the Classes and the price for the Classes. Dasa2 has sole discretion as to which Classes we list on the marketplace and we reserve the right to reject any Classes or remove Classes from the marketplace for any reason. Additionally, Dasa2 has discretion to edit Class descriptions as needed to conform them to our marketplace standards. Dasa2 has sole discretion as to which tutors are accepted into the marketplace and we reserve the right to reject any potential tutor and remove or suspend any tutor from the marketplace for any reason. Dasa2 may, but is not required to, conduct background checks on and interviews of tutors in its discretion and solely for its own benefit. As a tutor, you agree to provide written and/or electronic consent to such background checks and to participate truthfully in such interviews.

Community Standards

When you join the Dasa2 community, you agree to follow our policies, including our community standards. Those expectations include thoughtful and professional communications with our community (colleagues, parents, children), modeling appropriate behavior for our learners, and acting professionally. In addition, you agree to use social media, blogs, and other online forums, in an appropriate manner. Inappropriate behavior in any Dasa2-affiliated online forum includes, but is not limited to: behavior intended to provoke, bully, demean, or cause harm to others, or to create conflict; or any other posts or content that Dasa2, in its discretion, believes to be unconducive to a respectful and welcoming community for all. Inappropriate behavior in any online forum includes, but is not limited to: posting online or speaking to the media on Dasa2’s behalf without prior written authorization from Dasa2; posts that Dasa2, in its discretion, finds to be offensive or inappropriate based on race, sex, age, gender, sexual orientation, gender identity or expression, national origin, disability or medical condition, veteran status, or any other legally protected characteristic; derogatory, disparaging, or disrespectful comments about learners, tutors, parents, or Dasa2 staff, even if the target is not identified by name; sharing any private material, communication, or information regarding parents of learners, including but not limited to students’ or parents’ names, photos, conversations, emails, student academic or performance information, screenshots of student work, or any other personal identifying information; posts that may be harmful to Dasa2’s ongoing business operations; sharing content that contains or promotes hate speech, threats of violence, or the endangerment of children; and any other violation of Dasa2’s community standards.

Learner Safety

Each tutor is required to report to Dasa2 any suspected case of child abuse or neglect they become aware of during their work with Dasa2 students. Consistent with the Federal Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C.A. § 5106g), Dasa2 defines “abuse or neglect” as: “any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation”; or “an act or failure to act which presents an imminent risk of serious harm.” tutors may also be required to report suspected abuse or neglect to local authorities, and Dasa2 expects all tutors to comply with their individual reporting responsibilities. Dasa2 itself may report instances of suspected abuse or neglect as it deems appropriate.

Tutor Responsibilities

Each tutor is solely responsible for obtaining all licenses and other permissions required to offer or provide any Classes, and Dasa2 assumes no responsibility for a tutor's failure to obtain such licenses or permissions or otherwise comply with any applicable laws, rules or regulations.

You understand and agree that Dasa2 is not an insurer, agent or employer for you as a Tutor. If a Parent purchases any of your Classes, any agreement you enter into with such Parent is between you and the Parent, and Dasa2 is not a party thereto. Notwithstanding the foregoing, Dasa2 is authorized to serve as your limited agent purely for the purpose of accepting payments from Parents on your behalf and transmitting such payments to you (minus our Fees). You acknowledge and agree that, as a tutor, you are responsible for your own acts and omissions while using the Services. With the sole exception of students enrolled in the applicable Class, and/or their Parents, you further agree that you will not share any Class Recordings made available to you by Dasa2 to any third parties. Allowing other tutors within your organization to view the Class Recordings, however, is permissible.

Tutor has no right to share with anyone students information including their name, location, any personal info, voice, text messages, e-mails, videos or any other information that can identify the student., except when so instructed or preliminary approved by Dasa2. Such approval shall not be sought or received verbally. dasa2’s approval.

Tutor shall immediately delete all information received from students (or guardian) after termination of the classes including text messages, e-mails or any other communication data.

To the extent that you are using the Services as a tutor, you agree to abide by the terms of our Tutor Guide.

Payment Terms

General: Each Parent agrees to pay all applicable fees for Classes (“ Fees”) as set forth on the Site. All Fees are payable in the currency specified on the Site at the time of purchase. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Company’s net income. Parent hereby authorizes Dasa2 to bill Parent’s payment instrument upon confirmation of a purchase, and Parent further agrees to pay any charges so incurred. If Parent disputes any charges you must let Dasa2 know within sixty (60) days after the date that Dasa2 charges you.

Tutor Payment: Dasa2 will transfer the Fees to tutor’s account as agreed with Dasa2 for each sale of a Class, Lessons (or set of Classes, as applicable) to a Parent within a reasonable period of time, minus Dasa2’s service fees (“Dasa2 Fee”), according to the schedule and policies detailed in our Tutor Guide. In order to transfer funds to tutor’s account, tutor shall provide his/her banking details to Dasa2. Dasa2 has discretion to act on behalf of the Parent, and to not transfer the Enrollment Fees to tutor, if the Parent reports that the Classes were not provided or adequately completed. This may include but is not limited to circumstances where a tutor did not arrive for a Class or a Class was of insufficient quality. Dasa2 will independently review such cases, seeking input from the Parent and/or the tutor, and may decide at its sole discretion to issue a refund to the Parent. All determinations of Dasa2 with respect to a refund shall be final and binding on the Parent and tutor.

Limited Payment Collections Agent: Each Tutor appoints Dasa2 as the Tutor’s limited payment collection agent solely for the purpose of accepting the Enrollment Fees from Parent. Each User agrees that payment of Enrollment Fees by a Parent to Dasa2, as that tutor’s limited payment collection agent, shall be considered the same as a payment made directly by such Parent to the relevant tutor and the tutor will provide the relevant Classes to the Parent, as outlined on the Site, as if the tutor had received payment directly. Dasa2, as limited payment collection agent for the tutor, agrees to facilitate the payment of any Enrollment Fees (less the Dasa2 Fee) for Classes pursuant to these Terms of Service unless otherwise agreed between Dasa2 and the tutor. In the event that Dasa2 does not remit such amounts, the tutor will have recourse only against Dasa2.

Tutor’s liability and Punitive Damages (Penalty)

Tutor is liable for any violation of the terms set forth and agreed in this Terms of Services. Tutor acknowledges and appreciates all material and nonmaterial investments made by Dasa2 to create the platform and environment to which Dasa2 granted Tutor an access to render his/her services. Tutor and Dasa2 mutually agree and estimate that Tutor’s civil liability towards Dasa2 is at least $10000 (then thousand US dollars) (hereinafter the Penalty or Punitive Damages) for any violation of the terms of this Terms of Service, unless Dasa2 and Tutor agree for a lesser amount of Penalty on case by case basis. Dasa2 acknowledges that Punitive Damages for Tutor will be proportional to the significance of violation. However, if Tutor commits gross misconduct, including, but not limited through a malicious or intentional action or inaction, the Punitive Damage may be more than $10000 (ten thousand US dollars). Tutor agrees to pay any amount Dasa2 will claim for Tutor’s violation within five working days from the moment the claim has been sent to the Tutor via email or other social media means to Tutor’s account.

Conditions of Use

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Dasa2. Dasa2 reserves the right to investigate and take appropriate legal action against anyone who, in Dasa2’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:

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 upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Dasa2, 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. For the sake of clarity, you acknowledge and agree that Class Recordings constitute Service Content, not User Content. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Dasa2 from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service 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 are the property of Dasa2, 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 Dasa2.

The Dasa2 name and logos are trademarks and service marks of Dasa2 (collectively the “Dasa2 Trademarks”). Other Dasa2, 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 Dasa2. You should not interpret anything in these Terms of Service or the Service to mean that Dasa2 is in any way explicitly or implicitly giving you any license or right to use any of Dasa2 Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Dasa2 Trademarks is only for Dasa2’s exclusive benefit.

Third Party Material: Under no circumstances will Dasa2 be liable in any way for any content or materials of any third parties (including 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 such content. You acknowledge that Dasa2 may, but is not required to, pre-screen content, and Dasa2 and its designees will 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, Dasa2 and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Dasa2, 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 Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You shall retain any intellectual property rights that you hold in your User Content, and Dasa2 does not claim any ownership (copyright, trademark, or otherwise) over your User Content. By submitting, posting or otherwise uploading User Content on or through the Services you give Dasa2 a worldwide, nonexclusive, perpetual, irrevocable, fully sub-licensable, royalty-free right and license as set below:

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Dasa2 are non-confidential and Dasa2 will 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 Dasa2 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 Dasa2, 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: Dasa2 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 Dasa2 of your infringement claim in accordance with the procedure set forth below.

Dasa2 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 Dasa2’s Copyright Agent at contact@Dasa2.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: Dasa2, Inc. 26045 Ranger Dr. Twin Peaks PO Box 446, CA 92391, USA.

To be effective, the notification must be in writing and contain the following information:

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 upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

If a counter-notice is received by the Copyright Agent, Dasa2 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, Dasa2 has adopted a policy of terminating, in appropriate circumstances and at Dasa2's sole discretion, users who are deemed to be repeat infringers. Dasa2 may also at its sole discretion limit access to the Service 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. Dasa2 has no control over such sites and resources and Dasa2 is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Dasa2 will 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 Dasa2 is not liable for any loss or claim that you may have against any such third party.

Social Networking Services

You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Dasa2’s use, storage and disclosure of information related to you and your use of such services within Dasa2 (including, but not limited to, your friend lists), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Dasa2 shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, Dasa2 is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Dasa2 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 Social Networking Services. Dasa2 enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

Indemnity and Release

You agree to release, indemnify and hold Dasa2 and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless 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. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

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. DASA2 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.

DASA2 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.

YOU ACKNOWLEDGE AND AGREE THAT ANY CRIMINAL BACKGROUND CHECKS CONDUCTED BY DASA2 ON tutorS ARE SOLELY FOR ITS OWN BENEFIT. DASA2 MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS ON THE SITE OR SERVICE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DASA2 WILL 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 DASA2 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 WILL DASA2’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Dasa2 IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR 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 OR BE ENFORCEABLE WITH RESPECT 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.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS

Agreement to Arbitrate: This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Dasa2, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court of the State of California, USA, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Dasa2 are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND DASA2 AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND DASA2 AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). Nothing in this Paragraph or in this Arbitration Agreement more generally is intended to waive non-waivable rights under the Private Attorneys General Act, Cal. Lab. Code § 2698 et seq.

Pre-Arbitration Dispute Resolution: Dasa2 is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at contact@Dasa2.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Dasa2 should be sent to Dasa2, Inc. 26045 Ranger, Dr, Twin Peaks PO Box 446, Twin Peaks, CA 92391 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Dasa2 and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Dasa2 may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Dasa2 or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Dasa2 is entitled.

Arbitration Procedures: Arbitration will be conducted by an ad hoc arbitration, by a neutral arbitrator Vanik Margaryan (hereinafter the Arbitrator), advocate’s licence No 1729, https://www.am.am/eng/lawyers/5/vanik-margaryan.html. Language of Arbitration is English, place is Glendale, California, USA. Arbitration will be conducted by the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org/ . Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer . If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

You and Dasa2 expressly agree to expedited arbitration, in written form based only on submitted documents with no oral hearing(a), unless so decided by the Arbitrator, who is also free to appoint online arbitration via any means of social media or e-platform as he shall unilaterally decide at his own discretion. If a physical hearing is appointed by the Arbitrator and the parties are unable to agree on a location, the determination shall be made by AAA. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

In case if Vanik Margaryan is an available and/or unresponsive for more than 7 calendar days (from the moment any party sent an arbitration request to him) for whatsoever reason to conduct arbitration, then Roman Zykov https://mansors.com/people/roman-zykov/ shall be approached and appointed as arbitrator.

If Mr Zykov also is unavailable for 7 calendar days (from the moment any party first approaches him to request to conduct arbitration), then AAA shall act as appointing authority.

Governing Law: Terms of Service is regulated by the laws of the State of California, USA, without regard to its conflict of law provisions. However, the Arbitrator is authorised by you and Dasa2 to decide any dispute between you and Dasa2 ex-aequo et bono.

Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) shall be equally splitted between you and Dasa2. Any payment of attorneys’ fees will be governed by the AAA Rules.

Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.

Future Changes to Arbitration Agreement: Notwithstanding any provision in this Terms of Service to the contrary, Dasa2 agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Dasa2 written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination

You agree that Dasa2, 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 Dasa2 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. Dasa2 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 Dasa2 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 Dasa2 will not be liable to you or any third party for any termination of your access to the Service.

After the termination request the Tutor has no right to get in touch with students mentioned in Dasa2 termination request, including, but not limited via text messages, e-mails, chat on any social media phone call or in person. If there is a need for communication it should be done via the dasa2 support team.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Dasa2 will have no liability or responsibility with respect thereto.

Dasa2 reserves the right, but has no obligation, to become involved in any way it deems necessary with disputes between you and any other user of the Service.

General

These Terms of Service constitute the entire agreement between you and Dasa2 and govern your use of the Service, superseding any prior agreements between you and Dasa2 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 will 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 Dasa2 agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Dasa2 to exercise or enforce any right or provision of these Terms of Service will 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 will 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. You may not assign these Terms of Service without the prior written consent of Dasa2, but Dasa2 may assign or transfer these Terms of Service, in whole or in part, without restriction. 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.

Your Privacy

At Dasa2, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

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 (818) 445-1254 or (800) 952-5210. You may contact us at Dasa2, Inc. 26045 Ranger Drive, PO Box 446, Twin Peaks, CA 92391 or by telephone at (818) 730-3675.

Questions? Concerns? Suggestions?

Please contact us at contact@Dasa2.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.

Tutor Earnings and Payments

Understanding how tutors are compensated

As a tutor, you determine your own earnings on Dasa2 by setting the cost to enroll in each class, as well as the minimum and maximum class size. If a class receives fewer than the minimum enrollments, it's your decision whether or not to proceed.

Dasa2's business model is to take a service fee each time a learner enrolls. With each assigned student Dasa2 informs the tutor of his/her shares. This means that Dasa2 only earns when you earn, and our incentives are aligned. Both Dasa2 and tutors are supported by parents enrolling. In the spirit of this arrangement, all class fees must be paid through the Dasa2 platform. The negotiated amount is reflected and accepted by the tutor for each student in the Earnings section in Dasa2 software of the tutor software provided by dasa2 for each student.

Payout details

We send section payouts to tutors using different banking and certified payment systems. The payout amount for each section monthly is reflected and accepted by the tutor in the Earning section of Dasa2 software.

For Ongoing classes, you will receive a monthly batch payout before 15th of next month.

The payments are calculated based on the student's location. For example if you are in a time zone where the time is April 1st am and you student is in a time zone where it’s March 31st 6pm then yos tutor have to confirm the class as held in March.

Sending money back to Dasa2

Sometimes there are cases where you will need to issue a refund to a parent after you have already been paid out for that section and no longer have the ability to perform any refund actions from your end. Dasa2 issues refunds to parents or students and then withdraws the same amount from the tutor's upcoming payment.

Tutor Restriction and Removal

How we address activity that does not meet Dasa2's standards

Sometimes we will restrict a tutor’s activity on Dasa2 or remove them entirely. That is an unusual outcome, and we try our best to avoid it. Over the history of Dasa2, we have removed a small number of tutors from the site. We understand that even the best tutors will get bad reviews, miss an occasional class, or have a parent complain about them. In moderation, none of those are concerning.

We may restrict or remove tutors when we see repeated or extreme unprofessional conduct, including but not limited to:

When we have concerns about a tutor’s activity on Dasa2, we share them with the tutor. In most cases, tutors will be warned prior to removal. The only exception is in cases of an egregious breach of trust and safety or extreme quality concerns.

Additionally, to help ensure parents see relevant content, we unlist classes if they appear inactive. A class will be unlisted if there are no active or future sections and no new sections have been created in the past 12 months. In the case that a tutor has no active sections of any classes in the last 6 months, all classes will be unlisted. If you have been unlisted solely due to inactivity, simply submit your classes for approval again.

Community Standards

Dasa2 is a community of learners (children ages 3-18 and adult students), parents and tutors. We are united by a strong wish to help children love learning, achieve their goals and be well prepared for the future. All our classes are offered by independent tutors, who create the content and format of their own classes. Sometimes we offer content like cartoons, textbooks, games and other materials and let tutors and parents decide what they want to use for the learners benefit.

ile our trusted and professional community is our advantage, it also brings some challenges. It is important to us that dasa2 is a safe and trusted environment for our users.

Our members should treat each other with respect. Here are some rules and guidelines that we ask our members to follow and implement. Dasa2 members who do not meet these guidelines will be removed from the site.

Tutor Code of Conduct

Parent Code of Conduct

Learner Code of Conduct

Dasa2 Code of Conduct

Finally, we ask that all members assume the best intentions in others. When something goes wrong, whether it's a technical glitch, an email without a response, or something else, we ask that you share feedback in a constructive way.

Class content policy

Classes through Dasa2 should be objective, non political and age-appropriate

Dasa2 classes should be unbiased, inclusive of all learners, and intentionally designed to represent diverse viewpoints fairly and accurately. This ensures that all educators, learners, and families feel welcome on our platform and can expect a positive experience in either during one on one or virtual classrooms. We’ve detailed our policies for class content below, and educators should observe these guidelines when designing class curriculum and submitting listings for approval.

Dasa2 classes should be secular and non political. Two topic areas where this is particularly relevant are:

Dasa2 classes should be objective and accurate. All content should be:

Dasa2 classes should be inclusive. To achieve this, consider how you will:

Dasa2 classes should be based on your expertise. This may include:

Dasa2 classes should be age-appropriate. Consider how you will present topics such as:

Tutor Guide

Class quality and tutor quality

Our goal is to deliver great learning experiences. We do that in part by featuring great tutors and classes, and in part by helping families choose the classes that are right for them. Time and again, we have seen that one learner may love a class, while another hates it. One kid's favorite tutor is another kid's least favorite. So our goal is to ensure a high standard for classes on Dasa2, while recognizing that individual opinions will vary widely about any particular tutor or class.

Here are some of the things we do to promote great learning experiences.

Tutor screening

Tutor training

Finding the right tutor

Interventions

Policies

Tutor Profile Standards

Guidelines for a great tutor profile

Your tutor profile introduces you to parents and learners. It should use a professional tone. It will show up on your classes, and serve as your personal tutor page. Having a great profile will give parents more confidence to sign up for your classes.

Basic Info

Profile Video

Your video should meet these standards.

Availability

We use this information for a feature called auto-scheduling. Based on your availability, we may automatically create new sections for parents to enroll in. You can choose to disable this feature by clearing your availability and then saving.