Terms of Service Agreement

Last Modified: July 12, 2025

1. Service Description

Magellan Tutoring LLC ("MT") provides customers with academically qualified tutors to deliver academic support through tutoring services. Tutoring is conducted either in-person at the customer's home, local library, or other public establishment, or online via Lessonspace and/or Zoom. All tutors are independent contractors, not employees of MT. Tutoring availability depends on tutor schedules.

MT's services include matching customers with appropriate tutors based on academic needs and providing ongoing oversight and management. Customers must be at least 18 years of age or the parent/legal guardian of the individual receiving tutoring.

2. Modifications to Service and Terms

MT may modify features, pricing, nomenclature, cancellation policies, risk-free trial conditions, and expiry terms for purchased hours at any time. MT may also modify these Terms of Service at any time by posting the updated terms on our website with a new "Last Modified" date. Continued use of services after such modifications constitutes acceptance of the revised terms.

For material changes that significantly affect customer rights or obligations, MT will provide reasonable notice via email or through the customer portal. These terms will continue to apply to modified services. MT is not liable to customers or third parties for any modifications, suspensions, or discontinuance of services.

MT reserves the right to terminate service immediately with or without cause for breach of these terms or applicable policies. Customers may terminate services at any time. Upon termination, unused and unexpired paid hours will be refunded to the customer.

Upon termination or expiration of these terms, the following provisions shall survive: ownership of intellectual property, indemnification, disclaimer of warranties, limitations of liability, consequences of improper conduct, and the provisions of this section.

3. Customer Registration and Trial Session

Customer registration occurs after agreeing to MT's 1-hour risk-free trial session. This trial hour will be deducted from purchased membership hours or packages if the customer continues with services. Refunds for unused hours may only be requested via email within 90 calendar days from the original purchase date. MT maintains confidentiality of student information as required by law.

4. Scheduling and Cancellation

Tutoring sessions are scheduled by mutual agreement between MT, the tutor, and customer, subject to tutor availability. Scheduling within 24 hours does not guarantee availability, though MT will make every effort to accommodate requests.

MT reserves the right to cancel sessions due to unforeseen circumstances and will reschedule at a reasonable future date with proper notification. Tutors may discontinue services, and MT will provide replacement tutors in a timely manner.

Customers may cancel sessions at any time but will be charged for one hour if cancellation occurs within 12 hours of the scheduled session.

5. Independent Contractor Relationship

All tutoring services are provided by independent contractors who maintain separate professional responsibilities. MT serves as a platform connecting customers with qualified tutors and provides administrative oversight. No employment relationship exists between MT and its tutors.

Tutors are solely responsible for their professional conduct, teaching methods, and student interactions. Any disputes regarding tutor conduct should be addressed initially with the tutor directly, with MT providing assistance in resolution efforts.

6. Limitation of Liability

MT's total liability for any claims arising from these terms or services shall not exceed the total amount paid by the customer to MT in the six months preceding the incident. MT shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits or data.

Educational outcomes depend on multiple factors beyond MT's control. MT makes no guarantees regarding specific academic improvements or test score increases.

7. Disclaimer of Warranties

MT provides services on an "as is" and "as available" basis. MT disclaims all warranties, express or implied, including merchantability and fitness for a particular purpose.

MT makes no warranties regarding educational outcomes, platform availability, or services provided by independent contractor tutors. Customers agree not to hold MT or its agents, employees, tutors, officers, representatives, or members liable for instruction, advice, services, or MT content delivered through the platform or in connection with verification processes.

8. Indemnification

Customers agree to indemnify MT against claims arising from: (a) customer's breach of these terms, (b) customer's misuse of services, or (c) customer's violation of applicable laws.

MT agrees to indemnify customers against claims arising from MT's material breach of these terms or gross negligence in administrative services. This indemnification does not apply to actions by independent contractor tutors, which are governed by separate agreements.

9. Severability

If any provision is found invalid or unenforceable, it shall be severed and the remaining provisions will continue in full force. Invalid provisions will be replaced with valid provisions that most closely reflect the original intent.

10. Governing Law and Jurisdiction

These terms are governed by Virginia law without regard to conflict of law principles. Any legal proceedings shall be brought exclusively in state or federal courts in Arlington County, Virginia. Both parties consent to jurisdiction in these courts and waive objections to venue.

Before formal legal proceedings, parties agree to attempt resolution through good faith negotiation and, if necessary, mediation in Arlington County, Virginia.