Terms of Service

1. Acceptance of Terms and Eligibility

1.1 Acceptance. By accessing, browsing, or using BOWER in any manner, including creating an account, you accept and agree to be bound by these Terms, including all policies referenced herein. These Terms apply to all users of the Platform, including families seeking educational services ("Families") and educators offering services ("Educators").

1.2 Eligibility. You represent and warrant that: (a) you are at least 18 years of age; (b) you have the legal authority to enter into these Terms on behalf of yourself or any minor children you register; (c) you are not a person or entity barred from using BOWER under applicable law; and (d) if registering as an Educator, you are authorized to work in the United States.

1.3 Children under 13. If your child is under 13 years of age, you acknowledge that BOWER collects and processes personal information subject to the Children's Online Privacy Protection Act (COPPA). You consent to such collection as outlined in our Privacy Policy.

2. User Types and Account Registration

2.1 Account Types. BOWER operates as a two-sided marketplace with two primary user types:

Families: Adults registering to find Educators and arrange educational services for children in their household.

Educators: Independent contractors offering educational services such as tutoring, group classes, workshops, and enrichment activities.

2.2 Account Registration. To create an account, you must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.

2.3 Account Information. You grant BOWER permission to collect family profile data (including learning styles, values, schedule preferences, and educational goals) via the Compass quiz or other tools on the Platform. This information helps match Families with appropriate Educators and is subject to our Privacy Policy.

2.4 Account Termination. BOWER reserves the right to suspend or terminate your account at any time, for any reason or no reason, with or without notice.

3. Platform Services

3.1 Referral and Technology Platform. BOWER is a technology platform that provides referral and matching services connecting families seeking educational services with independent educators who operate their own teaching practices. BOWER does not provide educational services. BOWER is not an employer, school, or educational institution.

3.2 Core Services. Our Platform provides: Educator profiles showcasing qualifications, experience, and services offered; class listings and availability calendars; in-platform messaging between Families and Educators; booking and scheduling functionality; and payment processing via Stripe Connect.

3.3 No Guarantee of Services. BOWER does not guarantee that any Educator will be available, that educational services will meet any particular outcome, or that any Family-Educator relationship will be established or continued.

4. Educator Status and Independent Contractor Relationship

4.1 Independent Contractor Status. All Educators on BOWER are independent contractors, not employees of BOWER. Educators are solely responsible for: (a) providing their own instructional materials, equipment, and resources; (b) determining their own rates and availability; (c) maintaining appropriate professional liability insurance if applicable; and (d) complying with all applicable laws, including tax obligations, licensing requirements, and professional standards.

4.2 Educational Standards. BOWER vets Educators using fingerprint-based state and FBI background screening to standards consistent with public school requirements. However, BOWER does not: (a) guarantee that any Educator meets any particular educational standard; (b) guarantee the quality, appropriateness, or safety of any Educator's instruction; or (c) assume liability for Educator conduct, including but not limited to inappropriate behavior, inadequate instruction, or violations of law.

4.3 No Employment Benefits. Educators are not entitled to benefits, workers' compensation, unemployment insurance, or other employee benefits provided by BOWER.

5. Payment Terms and Fees

5.1 Pricing Model. Families pay per engagement for educational services. There is no Family subscription fee. Optional Featured Educator subscriptions ($29/month) are available to Educators for increased visibility on the Platform.

5.2 Referral Fee. Educators set their own total price for services. BOWER's referral fee depends on how the Educator is classified on the Platform:

• Individual Educators pay a referral fee equal to 20% of each transaction processed through the Platform and receive 80% of the transaction amount.
• Camps, learning centers, and other organizational Educators pay a referral fee equal to 10% of each transaction processed through the Platform and receive 90% of the transaction amount.

In both cases, the referral fee is automatically deducted at the time of payment processing, and the amount remitted to the Educator is net of BOWER's applicable referral fee and any Stripe payment processing fees. BOWER determines Educator classification at onboarding and will notify the Educator in writing of any change in classification.

5.3 Payment Processing. All payments are processed through Stripe Connect. By using BOWER, you authorize Stripe to debit or credit your linked payment method. You agree to Stripe's Terms of Service and Privacy Policy.

5.4 Refunds and Cancellations. Each Educator defines their own cancellation and refund policy, which must be disclosed in their profile, class listings, or engagement terms before a Family commits to payment. Families agree to the Educator's stated terms when booking. BOWER provides limited platform-level protections (including refunds for Educator account suspension, duplicate charges, and unauthorized transactions) as described in the Refund & Cancellation Policy, which is incorporated into these Terms by reference. If an Educator has not published a cancellation and refund policy, BOWER's default terms in the Refund & Cancellation Policy apply.

5.5 Taxes. Educators are responsible for all federal, state, and local tax obligations arising from their educational services. As the merchant of record under Stripe Connect, Stripe will issue 1099-K forms directly to Educators reflecting gross payment volume. BOWER does not issue 1099-NEC forms. Educators are responsible for accounting for the referral fee as a business expense.

5.6 Disputed Charges. Any disputes regarding payment or charges must be reported to BOWER within 30 days of the transaction. BOWER will investigate and respond within 15 business days.

6. Background Checks and Vetting

6.1 Background Screening for Educators. All Educators must pass a fingerprint-based state and FBI background check before their profile is activated on BOWER. This screening is conducted to standards consistent with public school hiring practices.

6.2 Limitations of Screening. While BOWER conducts background screening, we do not guarantee: (a) that all risks are identified; (b) that an Educator is suitable for any particular Family or child; (c) the safety, appropriateness, or legality of any Educator's conduct; or (d) that background checks are conclusive or free from error. Families should use independent judgment and conduct additional vetting if desired.

6.3 Ongoing Responsibility. BOWER is not responsible for monitoring Educator conduct after an account is activated. Families are encouraged to review Educator credentials, references, and reviews on the Platform and to communicate directly with Educators before booking.

7. Content, Conduct, and Intellectual Property

7.1 User Content. You retain all rights to content you post on BOWER (including profile descriptions, photos, class descriptions, and messages). By posting, you grant BOWER a non-exclusive, worldwide, royalty-free license to display and promote your content on the Platform.

7.2 Prohibited Conduct. Users agree not to: violate any applicable law or regulation; harass, threaten, or discriminate against any person; post content that is illegal, defamatory, obscene, or sexually explicit; attempt to circumvent BOWER's payment system or platform controls; engage in fraud, impersonation, or misrepresentation; solicit payment outside the BOWER platform to avoid fees; or use the Platform to facilitate child exploitation, abuse, or endangerment.

7.3 Content Moderation. BOWER reserves the right to remove content and terminate accounts that violate these Terms or applicable law.

7.4 Intellectual Property. BOWER retains all rights to the Platform design, functionality, trademarks, and content created by BOWER. Your use of BOWER does not grant you any ownership interest in the Platform or its intellectual property.

8. Privacy

8.1 Privacy Policy. Your use of BOWER is governed by our separate Privacy Policy, which describes how we collect, use, and protect your personal information. The Privacy Policy is incorporated by reference into these Terms. If there is any conflict between these Terms and the Privacy Policy, the Privacy Policy controls regarding privacy matters.

8.2 California Residents. BOWER complies with the California Consumer Privacy Act (CCPA). California residents have specific rights regarding their personal information, as outlined in our Privacy Policy.

8.3 Children's Privacy. If your child is under 13, BOWER complies with COPPA requirements regarding collection and use of children's personal information.

9. Disclaimers and Limitation of Liability

9.1 Educational Outcomes. BOWER IS NOT A SCHOOL OR EDUCATIONAL INSTITUTION. We make no warranty or guarantee regarding any educational outcomes, learning gains, or academic results from services provided through the Platform. The success of any educational relationship depends on many factors outside BOWER's control, including the Educator's qualifications, the student's effort, and family support.

9.2 Platform "As-Is." BOWER provides the Platform on an "AS IS" and "AS AVAILABLE" basis. We disclaim all express and implied warranties, including any warranty of merchantability, fitness for a particular purpose, or non-infringement. BOWER does not warrant that the Platform will be error-free, uninterrupted, or secure.

9.3 Third-Party Content. BOWER does not control Educator profiles, descriptions, qualifications, or conduct. While we conduct background screening, we do not guarantee the accuracy or completeness of Educator information. Families use the Platform at their own risk and should independently verify any information provided by Educators.

9.4 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOWER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, EVEN IF BOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES LIABILITY FOR LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE.

9.5 Educator and Family Responsibility. Families are solely responsible for verifying that any Educator and proposed educational services are appropriate, safe, and suitable for their children. Educators are solely responsible for providing lawful, safe instruction and complying with all applicable laws. BOWER is not responsible for disputes between Families and Educators, including disputes over educational content, quality, or conduct.

9.6 Assumption of Risk. You acknowledge that use of BOWER involves risks, including misrepresentation by users, payment fraud, and inappropriate conduct. You assume all risks associated with using the Platform and interacting with other users.

10. Dispute Resolution and Arbitration

10.1 Informal Resolution. Before initiating formal legal proceedings, you agree to attempt to resolve any dispute with BOWER by sending written notice describing the dispute to BOWER's contact address listed at the end of these Terms. BOWER will attempt to resolve the dispute within 30 days of receiving your notice.

10.2 Mandatory Arbitration. If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Platform, or your relationship with BOWER shall be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, except as modified herein. The arbitration shall be conducted in Los Angeles County, California, before a single arbitrator. The arbitrator shall have the authority to award the same remedies that a court could award. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

10.3 Class Action Waiver. YOU AND BOWER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

10.4 Exceptions. Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. Claims related to child safety or welfare are not subject to mandatory arbitration.

10.5 Fees. BOWER will pay all JAMS filing, administration, and arbitrator fees for any individual arbitration claim where the amount in controversy is less than $10,000, unless the arbitrator determines the claim is frivolous. For claims of $10,000 or more, filing and arbitration fees will be allocated as provided by JAMS rules. Each party bears its own attorney's fees unless applicable law requires otherwise.

10.6 Opt-Out. You may opt out of this arbitration provision by sending written notice to BOWER within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration.

10.7 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law principles.

10.8 Jurisdiction and Venue. For matters not subject to arbitration, you agree that any legal action or proceeding related to these Terms shall be brought exclusively in the state and federal courts located in Los Angeles County, California, and you hereby consent to the personal jurisdiction and venue of such courts.

10.9 Survival. This arbitration agreement survives termination of your account and these Terms.

11. Termination

11.1 Termination by You. You may request termination of your account at any time by contacting BOWER. Upon termination, your data will be retained according to our Privacy Policy and applicable law.

11.2 Termination by BOWER. BOWER may suspend or terminate your account and your access to the Platform at any time, for any reason or no reason, with or without notice or cause. This includes termination for violating these Terms, violating applicable law, or for any conduct BOWER deems inappropriate.

11.3 Platform Abuse. BOWER reserves the right to immediately terminate any account that engages in platform abuse, including but not limited to: creating multiple accounts to circumvent platform rules or suspension; filing frivolous or bad-faith complaints, disputes, or regulatory reports; systematically generating conflicts with other users; manipulating reviews, ratings, or the matching system; or any pattern of conduct that BOWER reasonably determines is intended to harm the Platform, its users, or BOWER's business interests. Termination under this section is not subject to the 30-day notice period in Section 11.1.

11.4 Effects of Termination. Upon termination, your right to use the Platform immediately ceases. Sections 4, 5, 6, 7, 8, 9, 10, and 11 survive termination of these Terms.

12. Changes to Terms and Platform

12.1 Modifications. BOWER reserves the right to modify these Terms at any time. Material changes will be posted on the Platform and dated. Your continued use of BOWER following the posting of modified Terms constitutes your acceptance of such modifications.

12.2 Platform Changes. BOWER may modify, suspend, or discontinue any aspect of the Platform at any time without liability to you.

13. Severability and Waiver

13.1 Severability. If any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

13.2 Waiver. BOWER's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

14. Contact Information

For questions about these Terms of Service or to report violations, please contact BOWER at:

BOWER Education LLC
Email: frontdesk@educateprivately.com
Phone: 1-310-740-7871
Mail: 954 Old Topanga Canyon Rd, Topanga, CA 90290
Website: educateprivately.com