The Version and Effective Date of the Agreement
Protocol version: 1.3
The effective date: December 1, 2023
To provide service and products to users, ensure the security of accounts and property, and respond to you in other aspects or to meet a legal obligation, we collect personal information as defined by law. We are committed to respecting the privacy rights of everyone whose personal information we have collected. We can only use your personal information for the purpose for which it was obtained or for a use consistent with that purpose. If you do not provide the information that we request, we may not be able to provide you with the requested products or services.
TutorEva application (hereinafter referred to as “TutorEva”“the APP”) and related services (“the Service”) are the products and services provided to you by the client application labeled “TutorEva”, which is legally owned and operated by Higgz Academia Technology Pte. Ltd. (“Higgz Academia”“the Company”).
User Agreement (“this Agreement”) is made between you(“User”) and Higgz Academia(“We”) ,a Singapore company. Please carefully read and fully understand all contents of this Agreement before using TutorEva, especially the clauses concerning exemption or limitation of liability, license and use of information, dispute resolution, etc.
If you are under the age of 18 or you are consider a minor in your country, please carefully read and fully understand this Agreement accompanied by your legal guardian, and pay attention to Terms for Juveniles. And use TutorEva and related services with the consent of your legal guardian and you are deemed to have obtained the consent from your legal guardian upon your payment.
When you tick or click "I Accept" (or other words with the same meaning, such as "I Agree", etc.) this Agreement, or register, start to use and/or continue to use TutorEva, you are deemed to have read this Agreement in its entirety and agree to be bound by this Agreement. If you do not agree to this Agreement, please immediately stop registering and exit the APP.
Higgz Academia have the right to modify this Agreement in accordance with laws, regulations and business needs. If this Agreement is changed, we will publish the updated agreement in TutorEva. If you continue to use TutorEva after the change of this Agreement, it means that you have fully read, understood and agreed to the modified Agreement and are willing to be bound by the modified Agreement. If you do not agree to any changes to this Agreement, please stop using TutorEva immediately.
This Agreement shall be governed by the laws of Singapore where Higgz Academia is located. You may have additional rights under your local law. We do not seek to limit those rights where it is prohibited to do so by law.
You are an adult with full capacity for civil conduct. OR If you do not have full capacity for civil conduct, you shall also comply with the Terms for Juveniles. In particular, if you are a minor under the age of 18, please ask your guardian to register. If you do not meet either of the above criteria, please stop registering immediately.
In order to use TutorEva, you need to register an account through email, mobile phone number, etc. Upon completion of registration, you will be granted a non-transferable, non- commercial right to use your TutorEva account (“the Account”).
The username or nickname set by user shall not contain any information that contains racial discrimination, pornography, vulgar, violence, illegal drugs, cult, terrorist activities or infringes on the legitimate rights and interests of other subjects. Otherwise, the Company has the right to modify or reset the user's username or nickname, suspend the user's use of the APP and other measures.
You shall properly keep the security of your account information and password, and shall not transfer, lend, rent, sell or share your account with others, and restrict the use of your mobile devices and login channel accounts by third parties (Unless used jointly by a person without full capacity for civil conduct and his guardian). When the email address or phone number bound to the account is cancelled or replaced, user should update the email address or phone number timely to avoid loss of personal rights and interests.
If you become aware of any unauthorized use or using exceptions of a third-party account or password, you shall subject to the solution announced by the account provider, and you have the right to notify Higgz Academia of suspending the login and use of the Account in a timely manner.
Accounts that meet all the following conditions can be cancelled:
When canceling an account, you should ensure that you have full capacity for civil conduct, or (as a person without full capacity for civil conduct) with the consent of the guardian and accompanied by the guardian. Notice: The cancellation is irreversible, and Higgz Academia will delete saved user’s information and all information including unused paid services, stored value amount and other information from the account after the user has completed and confirmed the cancellation. Please perform cancellation with caution.
Higgz Academia has the right to suspend the cancellation process of your account without your separate consent if your account is involved in disputes or controversies, including but not limited to: complaints, lawsuits, arbitrations, authority investigations, etc.
Higgz Academia shall have the authority to determine the way of charging and the standard in TutorEva, including adjust them at various stages, and to adjust the charging policy as necessary.
Specific ways and standards of charging will be published by Higgz Academia on platforms or modules such as in-app purchase shops, store value or service purchase interfaces, official websites.
For different terms of membership service, we provide auto-renewal subscription service plan for you to choose. Auto-renewal will be automatically selected on your TutorEva account after purchasing a auto-renewal subscription service. 24 hours before the subscription expires, We will automatically renew the cycle of the plan you have selected at the original price, charge through your pre-selected payment channel, and send you a bill. Your subscription service will become effective upon we confirm receipt of your payment.
If the price of the next phase of subscription service is adjusted, we will cancel the auto- renewal and inform you in advance. So that you can choose whether to continue to enable auto- renewal subscriptions.
Your subscription may include a free trial period.
Subscriptions will be automatically renewed until you or we cancel. If you do not wish to continue auto-renewal of your subscription service, you may deselect the Auto-renewal Setting in your TutorEva account at least 24 hours prior to the expiration of your current subscription service, OR if you purchase a subscription through Apple or Google Play, The tools provided by these services are needed to manage and/or unsubscribe. Until the cancellation takes effect, you can continue to enjoy all subscription benefits, and we will not refund any fee. Specifically, virtual goods/currencies (e.g. tickets, Evacoins) are non-refundable and non-changeable. Any of your usage of membership benefit (e.g. TutorEva Plus Membership) also nullifies eligibility for refunds.
You are expected to purchase paid membership, paid services or store value according to your needs. And you shall consume your lawfully held property. If you are a person with incomplete civil capacity, you shall purchase or store value with the consent of your guardians in advance and under the guardianship of your guardians. If the user completes the purchase or recharge, it indicates that the user meets the above conditions. If you are the guardian of a person with incomplete civil capacity, please properly manage your bank and payment software account and payment authority of your device.
The Stored Value service obtains the amount of stored value through the payment of legal tender for exchange. Once legal tender is converted into the amount of stored value, it is deemed to have been consumed and used, and the amount of stored value cannot be converted back to legal tender. The amount of stored value is used to consume in-app services. Payments for the Software are billed in local currency.
You shall store value or purchase membership or services from the In-app store of TutorEva, which shall be legitimate versions downloaded through an official app store or the official website of TutorEva operated by Higgz Academia. Stored value, paid membership or paid services obtained through unauthorized third party or illegal means are not recognized and protected by Higgz Academia, and Higgz Academia has the right to clear or reset any stored value or paid services improperly obtained. Higgz Academia reserves the right to take disposal measures including but not limited to: suspending service provision, taking technical measures, terminating service and pursuing legal liabilities of the actor.
You shall pay any applicable taxes and third-party fees,if any (including, for example, telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees, and foreign transaction fees). We are not responsible for these fees. Contact your financial institution with questions about fees.
TutorEva generate and provide you with analyses and resolutions of exercises by identifying the exercise contained in the photos you take or images you upload. The APP serves educational purposes. Your use of TutorEva shall comply with relevant laws, regulations and policies, and shall not for dishonest purposes.
You understand and accept that, due to limitations such as picture quality and technical reasons, the exercise content identified, and/or the generated analyses and resolutions may not fully correspond to the original content, and such circumstances shall not constitute the basis for any claims against Higgz Academia. We are committed to improving your user experience. If you encounter above problems, you are welcome to report them through the feedback channels provided by us.
You may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the APP will resume checking for and installing updates), or uninstalling the APP. The Help Center, if any, may also specify how to turn off updates for your specific device or software.
Higgz Academia is dedicated to the protection of your personal information. You may be required to provide your personal information during registration and use of the APP so that Higgz Academia can provide you with better services and technical support. The company willprotect your right to browse, modify and delete your personal information in accordance with the law. The stored personal information of you will be protected by encryption technology, anonymous processing and other technical measures. For more information about the protection of your personal Information, please refer to the Privacy Policy .
The imported photos and images will be stored in your terminal device. The exercises information from the imported photos and images will be stored in the Company's server after technical identification. Servers of the Company will not store your photos or images directly.
You are aware and understand that Higgz Academia is required to conduct regular and possible temporary maintenance of the server for the normal operation and service upgrade of the APP. Service interruption caused by the above is reasonable. Higgz Academia will minimize the duration of service outages and minimize the resulting impact to users.
Higgz Academia accepts no liability for any damage or inconvenience that may result from a suspension of service caused by:
The server is damaged and unable to function normally;
User’s hardware failure;
Network instability or network service interruption caused by line or other fault of the network provider;
Other third party causes or force majeure.
Higgz Academia has all legal rights and interests of TutorEva in accordance with the law (including, but not limited to: Software copyright, copyright of AI virtual art image, graphic and video, audio copyright, patent right, operation and profit right, etc.) or have been authorized by the legal right holder to provide you with the services involved in TutorEva. TutorEva is protected by intellectual property laws and treaties. No right, title or interest in or to any intellectual property rights in relation to the TutorEva is granted under this Agreement.
Except as otherwise agreed in this Agreement, you may not perform the following actions (whether for-profit or non-profit) without the prior written consent of Higgz Academia:
Copy, reproduce, decompile, disassemble, display or disseminate all or part of the contents of the program of TutorEva APP or other graphic, audio and video materials from TutorEva, establish mirror sites, or reverse engineer any function or built-in program of TutorEva APP.
Publicly display and play all or part of the content of the APP service in various forms and on various platforms (including but not limited to: Network broadcast platforms, websites and apps).
Modify, cover or fragment all or part of the contents of TutorEva APP interface, image or audio. Or play, disseminate the aforementioned modified, covered or fragmented contents.
Rent or sell TutorEva APP or engage in any profit-making activities taking advantage of TutorEva.
Other acts that violate relevant laws and regulations, international treaties or damage the legitimate rights and interests of intellectual property owners.
When you transmit content to TutorEva by taking or uploading pictures, you agree to grant Higgz Academia a free, non-exclusive license to use the exercises contained therein for TutorEva APP to provide analyses and resolutions to you. Other users will not be provided with content of your exercises by Higgz Academia unless they transmit content consistent with yours.
The copyright in your original exercises transmitted on TutorEva (excluding the analyses or resolutions provided by TutorEva) belongs to you and you may authorize third parties to use it in any manner without permission from Higgz Academia.
In the event that TutorEva accidentally generates identified exercise identical with or substantially similar to the content you have copyright due to the recognition or generation errors caused by picture quality or technical reasons under Article 4.2 of this Agreement, you understand and acknowledge that this does not constitute a display or publication by Higgz Academia of content to which you have copyright or any other infringement. You can Contact Us through the feedback channels we provide to correct the identification results, so that they will not appear again.
If any individual or institution finds that services provided by Higgz Academia have violated their legal rights or interests, any of the foregoing individuals or institutions (" the Complainant ") shall submit a notice of infringement to Higgz Academia in writing, signed by the individual or sealed by the institutional. The notice of infringement shall include the following:
If any individual or institution finds that Higgz Academia has removed any content or links related to you pursuant to a statement of non-infringement, any of the foregoing individuals or institutions (“the Declarer”) may notify Higgz Academia in writing, signed by the individual or sealed by the institutional. The non-infringement statement shall include the following:
Information collected during the infringement notice and non-infringement statement procedures will be strictly subject to the laws of the protection of personal information and used only for the purpose of dealing with infringement. Except as otherwise provided by law, we will delete the above information in a timely manner after the expiration of the statute of limitations for the purpose of using it in possible litigation.
Higgz Academia may place business information in TutorEva. We integrate Facebook Promotion AD tracking, and Firebase, Google Ads and Adjust data analytics and AD tracking in the APP to analyze and evaluate the effectiveness of providing business content. This will not involve identifiable personally information.
If TutorEva presents business information from Higgz Academia or a third party to you through the APP, such business information will be identified as "Business Information" when presented.
We specifically remind you that if such information you see is about a third party other than Higgz Academia, you acknowledge and agree that the Company is not responsible for any third party content, including the accuracy, completeness, timeliness, validity, copyright compliance, legality, quality or any other aspect of the content. For such information, you shall be responsible for your own (or your guardian’s judgment) judgment as to the authenticity of its content. Except as expressly provided by law, Higgz Academia does not assume any liability or obligation to you or any other person or entity with respect to any third party services, and we will not be liable for any loss or damage you may suffer as a result of the content provided by such information.
If you are a minor aged over 7 and under 18, you should agree to this Agreement and use the APP after obtaining the consent of your guardian and carefully reading and understanding this Agreement under the guardianship and guidance of your guardian, especially when providing personal information and purchasing membership, services or storing value for consumption.
If you are a minor under the age of 18, you should not provide us with your personal information. For your study and research purposes, your guardian should register and operate the APP.
You agree not to do the following:
Upon termination of the Services, Higgz Academia will cancel the user account, terminate the provision of the services to the User under this Agreement, and clear the user's personal information provided to Higgz Academia and the user's data and information (including unused paid services, stored value amount and other information) in the APP.
Higgz Academia has the right to terminate services for you under any of the above circumstances. If the service is terminated due to Unacceptable Uses, you shall bear any inconvenience and loss caused thereby. Higgz Academia is not responsible for any economic or other damages resulting from early termination of paid services, clearance of stored value amounts, etc
You may terminate the Service and terminate this Agreement by canceling your TutorEva account and uninstalling the APP.
Higgz Academia reserves the right to terminate or partially terminate the provision of TutorEva services as necessary, for which Higgz Academia will make a notice 60 days in advance. If such termination is due to a statutory requirement or government order, the prior notice shall not apply.
You shall not require Higgz Academia to be liable for compensation due to termination of services other than the remaining term of paid services or the amount of stored value that was purchased but not used at the time of termination of the Services.
The Services and Software, and your use of them, are subject to laws, restrictions, and regulations of the United States and other jurisdictions that govern the import, export, and use of the Services and APP; and may prohibit us from providing the Services and APP to you without notice. By using the APP, you agree to comply with all such laws, restrictions, and regulations, and you warrant that you are not prohibited from receiving the Services and APP by the laws of any jurisdiction.
Force majeure referred to in this Agreement includes:
YAny dispute or claim relating in any way to your use of any the Service,We will be resolved by binding arbitration, rather than in court. The arbitration will be conducted by the Singapore International Arbitration Centre (the "SIAC") in accordance with its Arbitration Rules in effect at the time of your request (the "Rules"). The Rules are available at http://www.siac.org.sg/our-rules. To the extent of any inconsistency or conflict between the Rules and the provisions in these Conditions of Use, the Conditions of Use will prevail. The arbitration will take place in Singapore, and the language of arbitration shall be English. The arbitral tribunal shall comprise one arbitrator nominated jointly by Amazon and you, or failing such joint nomination, by the President of the Court of Arbitration of the SIAC. Any decision or award of the arbitral tribunal shall be final and binding upon the parties. The parties agree to waive (to the fullest extent permitted by law) any right of application or appeal to any court or tribunal of competent jurisdiction in connection with any question of fact or law arising in the course of any arbitration or from any arbitral award or order.
If any provision of this Agreement is partially or wholly invalid or unenforceable for any reason whatsoever, the remaining provisions of this Agreement shall remain valid and binding.
If you have any questions about this Agreement, please Contact Us: Support@tutoreva.com