TISSIMO
TERMS OF SERVICE
Last Updated: July 30th, 2026
These Terms of Service apply to the services offered by Musitech, LLC d/b/a Tissimo ("Tissimo", "we" or "our") in connection with the services and website www.tissimo.co (collectively the "Site" or "Services"). Any individual who visits, views, accesses or uses any version of the Site, including directly or through other automated means, ("you" or "User") is bound by these Terms of Service. If you do not agree to these Terms of Service, you are prohibited from accessing the Services and must immediately discontinue such access. By using our Services, you acknowledge that you have read, understood, and accept this agreement.
- User Eligibility
We are unable to host any content directed to children under the age of thirteen (13) years of age, or in which such children may otherwise participate. The collection of personal information from children under the age of thirteen (13) years is governed by the Children's Online Privacy Protection Act, and your failure to comply with that statute can subject you to severe penalties. By using the Services, you represent and warrant that you are at least thirteen (13) years of age and you hereby agree to be bound by all of the following provisions of these Terms of Service, which form a legally binding contract between you and Tissimo. Tissimo Services are available only to individuals who are eighteen (18) years and older. Users under the age of eighteen (18) may use our Services under the supervision of a parent or legal guardian who will assume responsibility for all activities of the underage User.
- Changes to this Agreement
As our Services grow, these Terms of Service will change with it. If we do change, we will notify you by sending an email, or by posting a prominent notice on our Site. We will also update the date posted at the top of the page. Any minor, non-material changes or clarifications go into effect immediately. Any material changes go into effect 30 days after we provide notice.
- Services
The Tissimo platform pairs students and parents with tutors for online and one-to- one tuition and serves as a marketplace for sheet music. The Services include a platform for assisting Users seeking tuition Services. Use of the Services of Tissimo is subject to these Terms of Service and any other rules or policies that are published on the Site. You agree that by using Services and providing the respective consent, you enter into a legally binding contract with Tissimo and indicate your unconditional acceptance of these Terms of Service, on your own behalf and, if you are a representative, parent or legal guardian, on behalf of the User represented by you.
Users of this Site may access the Services a student (“Student”), teacher (“Teacher”), affiliate (“Affiliate”), or publisher (“Publisher”). Students may use the Tissimo platform to search for a Teacher, and Students may also use the platform to sell sheet music they have produced. Teachers may use the Tissimo platform to search for Students, and may also use the platform to sell sheet music they have produced. Tissimo cannot confirm that each User represents themselves as who they claim to be. You agree and understand that you assume all risks when using the Services, including without limitation any and all of the risks associated with any online or offline interactions with other Users.
Tissimo maintains this Site as a service to the user community that visits the Site subject to these Terms of Service. You are responsible for obtaining any equipment and internet service necessary to access our services and for paying any fees for the equipment and Service you select. We may alter, suspend or discontinue this Site or the Services in whole or in part, at any time and for any reason, without notice. The Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. We may provide access to third party services and products from time to time or to our own products or Services. You acknowledge that the Site is evolving and that the form and nature of the Site, including the Services, may change from time to time without notice to you.
- Teacher Verification
As part of the Services, we require all Teachers to pass a verification, which confirms the validity of a Teacher's identification (passport, driver's license, etc.) and claimed educational credentials (diplomas, certificates, etc.). Teachers must upload a copy of his or her identification and educational credentials to his or her profile. When the documentation is verified, the Teacher will have a special badge applied to their profile and the uploaded documentation will be deleted from the Tissimo server. Tissmo does not control and is not responsible for information provided by any Teacher for verification purposes. Furthermore, Tissimo does not endorse or make any representations or warranties regarding the reliability of the verification or Teachers themselves.
WHILE TISSIMO USES GOOD FAITH EFFORTS TO CONFIRM THAT EACH TEACHER ON THE SITE IS A LEGITIMATE INSTRUCTOR, TISSIMO IS NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING THE TRUSTWORTHINESS OF TEACHERS AND THE INFORMATION THEY PROVIDE THROUGH THE SITE AND SERVICES. WHEN INTERACTING WITH OTHER USERS YOU AGREE TO EXERCISE CAUTION AND COMMON SENSE TO PROTECT YOUR PERSONAL SAFETY AND PROPERTY, JUST AS YOU WOULD WHEN INTERACTING WITH OTHER PERSONS WHOM YOU DO NOT KNOW. NEITHER TISSIMO NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. TISSIMO AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.
Tissimo may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle record checks, credit checks, and identification verifications (“Consumer Reports”). Tissimo does not endorse or make any representations or warranties regarding the reliability of such Consumer Reports or the accuracy, timeliness or completeness of any information in the Consumer Reports. Tissimo does not independently verify information in the Consumer Reports.
You hereby consent to Tissimo collecting, using and disclosing the information in the Consumer Reports. You understand and agree that Tissimo may, in its sole discretion, review and rely on the information in the Consumer Reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that Tissimo shall not be responsible or liable in any way in the event that any information in the Consumer Reports about any person including without limitation any User, is not accurate, timely or complete. Users who are the subject of Consumer Reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. Tissimo reserves the right to suspend and/or terminate a User based on information in the Consumer Reports or for any other reason in Tissimo's sole discretion.
- Teacher Profiles
Teachers grant Tissimo the right to use Teacher's profile content for marketing, advertising or promotional purposes. Tissimo may publish Teacher's profile content and photos to official channels in third-party social media advertising systems, video hosting and streaming services such as YouTube, Vimeo, Facebook or others, as to ensure accessibility and visibility to Tissimo students regardless of location. Teachers may request to remove published Teacher content by writing to support@tissimo.co.
- Teacher Student Interactions
Tissimo does not take part in direct interactions between Teachers and Students. Other than providing the platform for Teachers and Students to connect, Tissimo may automatically monitor the interactions between Users only where (i) we may find Content posted by Users on the Site doubtful or infringing rights of other Users, but we are not obliged to do so; and (ii) we may need to improve our Services. Services provide connection to Teachers who are willing to be engaged by Students and parents as independent contractors. As independent contractors, the listed Teachers control the methods, materials and all aspects of the lessons. Services allow Teachers to create subject-specific tutoring packages for a certain number of hours that may occur over a number of sessions. Students are responsible for selecting the right Tutor for their needs. Students should review and investigate each Teacher's self-reported credentials, education and experience. Parents should supervise all sessions.
Tissimo does not have control over interactions between Users. Tissimo does not control packages provided by Teachers, any reviews or ratings provided by Users, nor of the actions or omissions whatsoever of any User.
Students acknowledge and agree that Services are provided for the purpose of facilitating learning, not cheating. You agree not to inquire about the hiring of a Teacher to complete assignments, write papers, take quizzes or otherwise do work on your behalf. Further, you agree not to use Services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace.
Tissimo expressly disclaims any liability or claims that may arise between Users of its Services. You are solely responsible for your interactions with all other Users and any disputes that arise from those interactions with other Users. Tissimo is not obliged but may monitor disputes between Users.
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.”
- Lesson Recording
You acknowledge and agree that, from time to time, Tissimo may record videos of your lessons. Recordings are intended solely for the purpose of ensuring the quality of Tissimo services. Recordings will not be shared externally, used for individual targeting, or used for any sales, marketing, or other promotional purposes. By using Tissimo services, you agree and give consent for such recordings that are gratuitous, unsolicited, and without restriction. You agree that Tissimo may use these recordings without fiduciary, or other obligation, and without any additional compensation. You may opt out of any recordings or request to remove any existing recordings by writing to support@tissimo.co.
- Accounts
Certain Services are reserved for registered Users. To become a registered User you must register on our Site for login credentials to be provided by Tissimo (“Login Credentials”) based on the type of access applicable to your use of the Site (whether Student or Teacher). You agree that you are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs under those Login Credentials. You agree to notify us immediately if you believe that any of your Login Credentials have been or may be used without your permission so that appropriate action can be taken.
Users may not (i) create more than two accounts (one as a Teacher and one as a Student) to access the Site, (ii) share your Login Credentials with any third party nor (iii) transfer your account to any third party. Tissimo is not responsible for any loss or damage caused by, or expense incurred by you as a result of, your failure to safeguard your Login Credentials. You agree that you shall not rent, resell or remarket the Site, or provide access to the Services to any third party. We are not responsible for losses or damage caused by your failure to safeguard your login and password. Tissimo may terminate any Login Credentials in its sole discretion; you will not be entitled to create a new account to access the Site if your prior Login Credentials have been terminated by Tissimo.
Upon registering for our Services an account for Students may automatically be created for you. You may select a profile photo or insert a link to your social media account to display your account information. Please be advised that provision of your photo is not an obligatory term to use our Services. You may edit your account with additional information at your sole discretion. Additional information may help you to get more from the Services, for instance, finding a necessary Teacher. At the same time, you are not required to provide additional information, not specifically necessary for the registration, it is your choice. The security of any personal data you choose to share is subject to our Privacy Policy.
Upon registering for our Services, a profile for Teachers may automatically be created for you. Please be advised that provision of your profile content is an obligatory term to use our Services. You may edit your profile with additional information at your sole discretion. Additional information may help you to get more from the Services, for instance, finding students. At the same time, you are not strictly required to provide additional information, not specifically necessary for the registration. Therefore, it is your choice whether to include additional data to your profile, or not, such as county, language skills, education and work experience. The security of any personal data you choose to share is subject to our Privacy Policy.
You may delete your account at any time. If you do not log in to or otherwise use your Tissimo account for more than one hundred and eighty (180) days following your last activity, Tissimo may treat your account as inactive and may take any of the following actions: (i) attempt to contact you at the email address on file to confirm whether you wish to maintain the account; (ii) request that you withdraw any available balance or confirm payout details; and (iii) deactivate the account if no response is received. Any unclaimed balance in your account will be handled in accordance with applicable state unclaimed property law, including the dormancy and reporting requirements of your state of last known address. Tissimo will not forfeit, reabsorb, or otherwise convert your earned balance to its own use. You retain the right to claim any balance escheated to a state at any time, at no cost, from that state's unclaimed property administrator.
- Payment
Tissimo uses third party payment services (Stripe/ PayPal etc.) to bill you through an online account payment in lieu of direct processing of credit/ debit card information. These payment services enable your transfer and receipt of funds as payment for Services provided on the Site.
Payment processing services for Users on Tissimo are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a User on Tissimo, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Tissimo enabling payment processing services through Stripe, you agree to provide Tissimo accurate and complete information about you and your business, and you authorize Tissimo to share it and transaction information related to your use of the payment processing services provided by Stripe.
Teacher and affiliate payouts
Tissimo facilitates payouts to Teachers and Affiliates through Stripe Connect. Eligible Users may withdraw their available balance at any time, subject to the following:
- Withdrawals of $500.00 or more (per single payout transaction) are processed at no charge to the User; Tissimo absorbs the Stripe payout-processing fee.
- Withdrawals below $500.00 are subject to the Stripe payout-processing fee, which is deducted from the withdrawal amount. The exact fee is displayed to the User in the withdrawal interface before the User confirms the transaction.
- Tissimo does not charge any independent platform fee on User payouts under this section. The fee deducted under subsection (b) reflects the actual fee charged to Tissimo by Stripe for processing the payout, with no markup.
- Tissimo may modify the payout-fee threshold or fee structure prospectively by providing notice in accordance with the “Changes to this Agreement” section.
By signing up for recurring lessons, you authorize Tissimo to charge your payment method on a recurring basis in accordance with these Terms of Service. Any cancellations or refund requests will be processed in accordance with these Terms of Service.
If you make payments via our Site or through any related service, you agree that your activities are subject to our additional payment terms. If you desire a refund for one of our services, you may contact support@tissimo.co. Approved refund requests will credit your Tissimo Balance on the platform. Your Tissimo balance can be used for any services on the Tissimo platform.
Students will receive quantity discounts depending on the number of lesson credits purchased. Students have one (1) year to use the lesson credits. Any unused credits will expire, and the student will not receive a refund for the balance.
If the student misses a lesson, they are not entitled to a refund if they don't cancel by the teacher's cancellation deadline.
- Teacher Payouts
Teachers who offer paid Services on Tissimo receive payouts through Stripe via a Stripe Express connected account (the “Connected Account”), governed by the Stripe Services Agreement referenced above. Creating and maintaining a Connected Account is a prerequisite to receiving payouts from Tissimo.
Before any payout may be issued, you must complete Stripe's identity verification (KYC) and any additional information requests Stripe makes from time to time. Tissimo may withhold payouts while a Connected Account has outstanding verification, tax, or compliance requirements, and is not responsible for delays caused by Stripe's review processes.
For each completed lesson or other paid Service, Tissimo retains its applicable Service Fee and credits the remaining amount to your Tissimo Balance. Payouts from your Tissimo Balance to your linked bank account are issued by Stripe in accordance with Stripe's then-current payout schedule, and are subject to any minimum thresholds, holds, or reserves that Stripe or Tissimo may apply for fraud, compliance, or risk-management reasons.
Refunds, chargebacks, disputed payments, and reversed transactions may reduce, offset, or reverse amounts otherwise payable to you. If a refund or chargeback occurs after a payout has been made, you authorize Tissimo and Stripe to debit the corresponding amount from your Tissimo Balance or, where insufficient, from your Connected Account or linked bank account.
You are solely responsible for all taxes, withholdings, and reporting obligations arising from amounts you receive through the platform. Tissimo and Stripe may issue tax forms (such as IRS Form 1099) to you or to taxing authorities as required by law, and you agree to provide accurate tax information when requested.
If your Tissimo account or Connected Account is closed, suspended, or deactivated for any reason — including the inactivity timeline described above — any remaining balance may be forfeited to the extent permitted by applicable law and Stripe's terms.
- Trial Credits
Students are able to request a total of three (3) refunds for lessons if they are unsatisfied with the lesson. Students must request a refund within three (3) days of the lesson. Any requests made after this three (3) day period are invalid and will not be accepted. Students can request the refund by going to the [Refund section of their account], and the refund will be processed within 14 business days to the original method of payment.
- User Content
You agree to treat all information obtained from the Services, including Tissimo materials and any information otherwise made available to you on the Site (individually and collectively, the “Content”) as proprietary to Tissimo and shall be protected as a trade secret of Tissimo. We do not ensure the accuracy of, endorse or recommend any Content, and you use such Content at your own risk.
You shall not use any information obtained from the Services for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way except for the purpose of authorized promotion. You shall not use or reproduce any Content obtained from the Site, or otherwise made available to you on the Site, for or in connection with any other professional coaching services. You shall not remove, erase, or tamper with any proprietary stamp associated with the Site. You shall not use any robot, spider, or other automated process to monitor, data mine, copy products; decompile, decode or reverse engineer software; use the Services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.
- Prohibited User Content
At times you may be invited to post user content. You agree that you will not use the Site to:
- Submit Content that is patently offensive to the online community, such as content that reflects or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Engage in activity or submit Content that could be harmful to minors;
- Engage in activity or submit Content that harasses or advocates harassment of another person;
- Engage in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” to others;
- Engage in activity, submit Content or Reference Information, or promote information, that is fraudulent, false, misleading, inaccurate and/or constitutes a misrepresentation, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Submit Content that contains restricted or password-only access pages, or hidden pages or images;
- Submit Content that displays pornographic or sexually explicit material of any kind;
- Submit Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- Engage in activities or submit Content that solicits passwords or personally identifiable information from others for unlawful purposes;
- Engage in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes;
- Use any robot, spider or other automatic device, or a manual process, to access, monitor or copy web pages or the Materials contained in the Site or for any other unauthorized purpose;
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site;
- Decompile, reverse engineer, disassemble or otherwise attempt to obtain the source code for the Software; or
- Take any action that imposes an unreasonable or disproportionately large load on Tissimo's hardware and software infrastructure.
- Violate the rights, including but not limited to, intellectual property rights of another User or a third party.
- Tissimo User Relationship
Services are not an employment service and Tissimo does not serve as an employer of any User unless separately subject to a signed, written employment contract. Users may use Tissimo Services only for non-commercial, personal use or for the purpose of delivery of personal services to their own clients and subject to these Terms.
As such, Tissimo will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with your use of Services or Users' services. You understand and agree that if Tissimo is found to be liable for any tax or withholding tax in connection with your use of Users' services, then you will immediately reimburse and pay to Tissimo an equivalent amount, including any interest or penalties thereon.
In all cases of use of this Site, Users are acting as independent contractors and not as Tissimo's or any other party's employee, agent, franchisee or servant. Accordingly, you will be solely responsible for all costs incurred by you or your organization. You shall not hold yourself out as having authority to make contracts or promises on behalf of Tissimo.
- Tissimo and Third Parties' Websites and Services
Content may contain links to, or other integrations with, third party websites that are not owned or controlled by Tissimo and, in order to access some features of the Services which are provided by, with or through a third party, you may have to create an account with such third party and/or enter into a separate commercial relationship with such entity. Tissimo has no control over, and assumes no responsibility for, the content, Terms of Service, privacy policies, or practices of any third-party website or services. In addition, Tissimo is not able to censor or edit the content of any third-party website or service, and its ability to control the content of a third-party website is limited by the terms of our agreements with such third parties. While Tissimo requests its third parties comply with Federal Trade Commission rules and regulations for advertising and marketing on the internet, as a practical matter, Tissimo has no independent means to verify such content compliance. You expressly relieve Tissimo from any and all liability arising from your use of any third-party website or service. Accordingly, we encourage you to be aware when you access some features of a website or services which are provided by, with or through a third party, to read the terms and conditions and privacy policy of each third party's website and service that you access.
In no event shall any reference to any third-party product or service be construed as an approval or endorsement by Tissimo of that third party or of any product or service provided by that third party. Likewise, a link (including without limitation external websites that are framed by the Services as well as any advertisements displayed in connection therewith) to any third-party website does not imply that we endorse or accept any responsibility for the content or use of such a website. Tissimo does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Site and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
- Social Media
Tissimo may provide you the option to connect your Tissimo account to an account on a social networking website, including but not limited to, Facebook, Google and Apple for purposes including logging in, uploading information or enabling certain features on the Site. When enabling this feature, we will disclose to you the information we collect from the social networking website and will only use such information in compliance with our Privacy Policy. By connecting your Tissimo account to your account on any social networking website, you hereby consent to the continuous release of information about you to Tissimo. We will not send any of your Tissimo account information to the connected social networking website without first disclosing that to you.
Each social network website may further allow you to set privacy controls around your information on their system, and Tissimo's collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking website involved, and therefore the available features and shared information are subject to change in accordance with the terms of this Agreement, and the Terms of Service of the relevant social networking website.
- Special Terms Applicable to Affiliates
To the extent you access the Site or Services as an Affiliate of Tissimo, you agree to the following Special Terms Applicable to Affiliates when acting in your capacity as a Tissimo Affiliate on any other website, platform, or public forum:
You understand, acknowledge, and agree that your conduct and communications are a reflection of your relationship with Tissimo. Accordingly, you must not upload, post or link to any material on any website or public forum that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group).
You must not post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters, or (b) other disruptive, illegal or immoral communications of any kind.
You must not post, upload or link to anything that could potentially exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or information, or otherwise exposing them to materials or information which in any way could cause damage, injury, or harm of any kind.
You must not post, upload or link to anything that harvests or otherwise collects information about other users, including without limitation addresses, phone numbers, e-mail addresses, and/or health or financial information of any kind, without the users' prior express consent in each instance.
You must not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party without prior written permission from the third party in each instance, which written permission you agree to disclose to us at any time on our request (subject to all applicable laws). You must not intentionally download any material that you know or should reasonably know cannot be distributed legally.
You must not impersonate another person, group of people, or entity at any time, which includes not using anyone else's username or password.
You must abide by all applicable Federal, State and local laws. If you are outside the United States, you must comply with all local laws as well with respect to your online conduct and acceptable content including without limitation the exportation of data to the United States or to your country or residence.
You must not retrieve, store or collect personal information about any user for any unauthorized purpose, and may not retrieve, store, or collect personal information about any user for any valid purpose without such user's prior written consent in each instance (and acknowledgment that they are at least 13 years of age).
- Licenses
Tissimo hereby grants to Students, on the Terms set forth herein, a non-transferable, non-sublicensable, non-exclusive, limited right to access and use the Services and the software solely for non-commercial, personal use and subject to the policies and restrictions that we post on our Site from time to time.
Tissimo hereby grants to Teachers, on the Terms set forth herein, a non-transferable, non-sublicensable, non-exclusive, limited right to access and use the Services and software solely for the delivery of your personal services to Students and subject to the policies and restrictions on the Site.
You may be offered the opportunity to contribute Content or feedback to the Site. You grant to Tissimo, and you represent and warrant that you have the right to grant, to Tissimo an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through and media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide to Tissimo. You waive all moral rights in your contributions, and you warrant that moral rights have not otherwise been asserted in your contributions.
Tissimo does not assert any ownership over your contributions. You retain full ownership of all of your contributions and any intellectual property rights, or other proprietary rights associated with your contributions. We are not liable for any statements or representations in your contributions provided by you in any area on the Site. You are solely responsible for your contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions. Tissimo has the right, in our sole discretion, i) to edit, redact, or otherwise change any contributions, ii) to re-categorize any contributions to place them in more appropriate locations on the Site, and iii) to pre-screen or delete any contributions at any time and for any reason, without notice. Tissimo has no obligation to monitor User contributions.
- Data Privacy
Tissimo will collect, use, store, and disclose personal information in accordance with its Privacy Policy. Please consult the Privacy Policy at https://www.tissimo.co/privacy/ for more information, which is incorporated into, and made a part of, these Terms of Service.
- Ownership of Tissimo
Tissimo retains all rights (including Intellectual Property Rights as defined below), title and interest in the Services, and all underlying technology and data. You will not permit others to reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of the Tissimo's technology or delete or alter author attributes or copyright notices. You shall use the Services solely for individual use and shall not share your Tissimo account and password with others.
Intellectual Property Rights means all intellectual property rights (through the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including, without limitation, (a) all rights associated with works of authorship including, without limitation, copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
- Copyright Infringement Notices
Tissimo and its affiliates respect the intellectual property rights of others and ask those posting or transmitting any Content to or through the Services to do the same. If you believe that your work has been copied and/or infringed on this Site, you may notify Tissimo according to the notice requirements of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) ("DMCA") by sending the following information to Tissimo's DMCA Registered Agent either by mail at 490 Chadbourne Rd, Suite #A115, Fairfield, CA, 94534; or by email at support@tissimo.co.
- A description of the copyrighted work that you claim has been infringed;
- Identification of the material you claim is infringing, including a description of where such material is located;
- Your address, telephone number, and e-mail address;
- A signed statement that the information in your notice is accurate, that you have a good-faith belief that the identified use is not authorized by the copyright owner, its agent, or the law, and under penalty of perjury, that that you are the copyright owner or are authorized to act on the copyright owner's behalf.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS AND ATTORNEYS' FEES.
- Consent to Communications
By using the Services, you consent to receiving certain electronic and SMS communications from Tissimo. you agree that any notices, agreements, disclosures, or other communications that we send to you electronically or via SMS will satisfy any legal communication requirements, including that those communications be in writing. The Services may provide web forms, links, or contact information, including phone numbers, that can connect you with third parties. You can contact us by email at support@tissimo.co. We will do our best to respond to your queries as soon as possible.
- Notices
All notices to Tissimo must be in writing and must be sent by registered mail, certified mail, or overnight mail to 490 Chadbourne Rd, Suite #A115, Fairfield, CA, 94534 with a return receipt requested.
- Modifications and Interruptions
Tissimo reserves the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. Tissimo reserves the right to modify or discontinue all or part of the Site without notice at any time. Tissimo will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Site and Services. Tissimo cannot guarantee the Site will be available at all times. The Site may experience hardware, software, or other problems or Tissimo may need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
Tissimo reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in this Terms of Service will be construed to obligate Tissimo to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
- Warranties
You expressly agree that use of the Services and reliance on its content is at your own risk. Tissimo, its affiliates and their respective third-party licensors do not make any representations or warranties of any kind regarding the Site, the software, the Services, the Content, the materials, or the results that may be obtained from use of any of the foregoing. The Services are provided on an “As Is, As Available” basis, and Tissimo, its affiliates, and their respective third-party licensors specifically disclaim any and all express or implied warranties including, without limitation, the warranties of fitness for a particular purpose, warranties of merchantability and warranties of noninfringement. Tissimo and its affiliates make no representations or warranties, expressed or implied, to any actual or prospective User of our service; as to the advertised terms, if any; or as to the accuracy or completeness of any information. Tissimo reserves the right, in its sole discretion, to correct any error or omission on the Services or in the content. Tissimo does not make and expressly disclaims any representations, warranties, or guarantees to you regarding the service, including, without limitation, any representations, warranties or guarantees. For purposes of this warranty disclaimer, "third-party licensor" does not include you. Some states do not allow the disclaimer of implied warranties, so this statement may not apply to you.
- Representations
Teacher Representations: if you utilize the Services as a Teacher, (i) you represent and warrant that for each provided session or package you have the right to provide services contained in such session or package for the purposes of this Agreement and that you are capable of fulfilling any offers contained in such session or package; (ii) you warrant that you will keep all Teacher packages up to date on the Site by notifying Tissimo of any changes that would affect the accuracy of such Teacher packages; (iii) you hereby grant to Tissimo and its Users, the right to view and distribute your Teacher packages without restriction and you acknowledge that your Teacher packages may be widely disseminated and viewed by large numbers of people; (iv) you acknowledge and agree that Tissimo may display advertisement on the Services in connection with your Teacher packages without any payment obligation to you; (v) you acknowledge and agree that Tissimo may improve videos that you provide for your profile on the Site, the improvements may be made by cutting the video to a specific size, adding the Tissimo logo on the video, improving the quality of sound in the video, publishing the video on the Tissimo channel with a description and link to the Teacher's profile; and (vi) you agree to use good faith efforts to coordinate how you will interact with Users.
Student Representations: if you utilize the Site as a Student or parent, (i) you agree to honor the commitments you make to the Teacher via the Site; (ii) you agree that you will not circumvent or manipulate our fee structure, the billing process, or fees owed to Tissimo or the Teacher; fail to deliver payment for items purchased by you from the Teachers; and (iii) you agree to use good faith efforts to interact with Teachers.
- Limitation of Liability
IN NO EVENT SHALL TISSIMO BE LIABLE TO ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU AGREE TISSIMO'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS, THE SITE, THE SOFTWARE, THE SERVICES, THE CONTENT, OR ANY LISTING OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS, IF ANY, YOU PAID IN COMMISSIONS TO TISSIMO FOR THE SERVICES IN THE THEN-PRIOR THREE MONTHS. ANY CLAIMS BROUGHT BY YOU OR TISSIMO MUST BE BROUGHT IN THAT PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
SOME JURISDICTIONS DO NOT ALL THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Indemnification
BY USING THE SITE AND/OR THE SERVICE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TISSIMO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE OR CONTENT PROVIDERS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS, ARISING OR RESULTING FROM YOUR USE OF THE SITE AND/OR SERVICE AND ANY VIOLATION OF THESE TERMS OF SERVICE. IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS, ARISING OR RESULTING FROM THAT DISRUPTION.
- International Use
This Site may be accessed from countries other than the United States. This Site and the Services may contain products or references to products that are only available within the United States and United States territories. Any such references do not imply that such products will be made available outside the United States.
IF YOU ACCESS AND USE THIS SITE OUTSIDE THE UNITED STATES YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LOCAL LAWS AND REGULATIONS. WE MAKE NO REPRESENTATION THAT INFORMATION ON THIS SITE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. THOSE WHO CHOOSE TO ACCESS THIS WEBSITE FROM OUTSIDE THE UNITED STATES DO SO ON THEIR OWN INITIATIVE AND AT THEIR OWN RISK.
You agree to comply with all applicable import/export laws and regulations. You agree not to export the Services or allow use of your Account by individuals of any terrorist supporting countries to which encryption exports are at the time of exportation restricted. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country.
- General Terms
- Governing Law
These Terms of Service are governed by the laws of the State of California without giving effect to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Solano County, California for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Service. Tissimo operates the Services from its offices in California and we make no representation that the Services are appropriate or available for use in other locations.
- Breach
You agree to indemnify, defend, and hold harmless Tissimo, its affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Site; (b) your breach of these Terms of Service; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Content you upload to, or otherwise make available through, the Site; (f) your willful misconduct; and (g) any other party's access to and/or use of the Services using you're a user profile and password. Tissimo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with Tissimo's defense of that claim.
- Force Majeure
If Tissimo cannot perform any obligation hereunder, including maintaining regular Services, as a result of any event that is beyond its control, including all possible acts of god, including pandemic, Tissimo's delay or failure to perform such obligation shall be excused and Tissimo shall not be liable for any damages as a result of, or in connection with, such delay or such failure.
- Termination
You understand and agree that in Tissimo's sole discretion, and without prior notice, your access to this Services may be terminated or suspended, and Tissimo may exercise any other remedy available and remove any Content, if it believes that your use of the Services and/or any Content or reference information you provide (a) violates (i) these Terms of Service, (ii) the rights of Tissimo, its affiliates, a Licensor, or another User, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent or unlawful activity of any nature. You agree that monetary damages may not provide a sufficient remedy to Tissimo for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that Tissimo post a bond. Tissimo is not required to provide any refund to you if your use is terminated as a result of Tissimo's determination, in its sole discretion, that you have violated these Terms of Service.
- Binding Provisions
These Terms of Service shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Terms of Service or any license granted hereunder may not be assigned, sub-licensed or otherwise transferred by User without the prior written consent of Tissimo, which retains the right to withhold consent in its sole discretion.
- Enforcement of Terms
You understand and agree that any individual or entity that violates any term of these Terms of Service is precluded from enforcing, agrees not to enforce, and covenants not to sue to enforce, any similar or related provision in any contract, including terms and conditions, Terms of Service and Terms of Service, asserted by such individual, entity or any affiliate thereof, as binding upon Tissimo or any of its affiliates
- Entire Agreement
Except as provided herein, the terms and conditions of this Terms of Service constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Terms of Service.
- Waiver
Any waiver or failure to enforce any provision of these Terms of Service on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- Severability
Except as otherwise expressly set forth in these Terms of Service, in the event that any provision shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
- Assignment
These Terms of Service, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Tissimo's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
- Rights of Third Parties
You agree that these Terms of Service are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms of Service.
- Entire Agreement
Except as provided herein, the terms and conditions of this Terms of Service constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Terms of Service.
- Headings
Headings and captions used in these Terms of Service are used for convenience only and are not to be considered in construing or interpreting these Terms of Service.
- Non-Circumvention
You acknowledge and agree that a substantial portion of the compensation Tissimo receives for making the Services available to you is collected through the Fees described in Section 9 and that in exchange, a substantial value to you is the relationships you make with other Users when you identify or are identified by another person through the Services (the "Tissimo Relationship"). Tissimo only receives the Service Fee when a Student and Teacher pay and receive payment through the Site. Therefore, you agree to use the Services as your exclusive method to request, make, and receive all payments for work directly or indirectly with that person or arising out of your relationship with that person and not to circumvent the Payment offered on the Site. For the avoidance of doubt, if you, or the business you represent, did not identify and were not identified by another person through the Site, such as if you and another User worked together before meeting on the Site, then the Non-Circumvention Period does not apply. If you use the Site as an employee, agent, or representative of another business, then the Non-Circumvention Period applies to you and other employees, agents, or representatives of the business or its successor when acting in that capacity with respect to the other User.
By way of illustration and not in limitation of the foregoing, you agree not to:
- Offer or solicit or accept any offer or solicitation from parties identified through the Site to contract, hire, invoice, pay, or receive payment in any manner other than through the Site.
- Invoice or report on the Site or in a Conversion Fee request an invoice or payment amount lower than that actually agreed, made, or received between Users.
- Refer a User you identified on the Site to a third-party who is not a User of the Site for purposes of making or receiving payments other than through the Site.
You agree to notify Tissimo immediately if a person suggests to you making or receiving payments other than through the Site in violation of this Section 7 or if you receive unsolicited contact outside of the Site. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to Tissimo.
You acknowledge and agree that a violation of any provision in this Section is a material breach of the Terms of Service. Your Account may be permanently suspended if you violate this Section.
- Governing Law