Terms of Service

These terms are an agreement between you and Darsly ("Darsly", "we", "us"), which is operated from Jordan. Our legal identity is in section 20. They cover your use of the Darsly platform as a tutor or a student. By creating an account or using Darsly, you accept these terms. If you do not accept them, do not use Darsly.

Contact: support@darsly.org. Privacy: privacy@darsly.org.

1. What Darsly is

Darsly is software that helps independent tutors run courses. It covers scheduling, Zoom sessions, recordings, materials, invoices and payment records.

• Darsly is only the platform. It is not a party to the tutoring agreement between a tutor and a student.

• Darsly does not employ tutors, set their prices, check their qualifications or guarantee results.

• The tutor is responsible for the tutoring, the course rules, the prices and any refunds. The tutor must follow the law that applies to their services, including consumer law where the student lives.

• Academies. A workspace can belong to an academy with administrators and teachers. In these terms, Teaching Provider means the tutor, or the academy, that owns a workspace. Where these terms give a duty or responsibility to the "tutor", the same applies to a Teaching Provider that is an academy. The academy is responsible for its teachers and for deciding which of them are assigned to a course.

• In an academy workspace, a teacher assigned to a course sees the names of its students and its course content (sessions, attendance, materials, recordings and notes). The academy may share an inquirer's intake files with a teacher before it accepts the inquiry. Teachers do not see payment data (prices, invoices, payments, payment proofs). Our Privacy Policy gives the details.

2. Who can use Darsly

• You must be 18 or over. Darsly is for university students and their tutors.
• Tutors must not invite anyone under 18. If we learn that a user is under 18, we will suspend their access and handle their data as our Privacy Policy explains.
• Tutors must be able to enter into a binding contract, and must use Darsly for their tutoring business, not as consumers.

3. Accounts

• Give accurate details and keep them up to date.
• Keep your sign-in secure. Do not share your account.
• Tutors must use two-step sign-in.
• You are responsible for activity on your account. Tell us at once at support@darsly.org if you think someone else has used it.

4. Academic integrity

Darsly and its tutors provide tutoring and teaching support only.

• Tutors may explain topics, work through practice problems and give general feedback.
• Tutors must not write, complete or submit assessed coursework, exams, dissertations or any other graded work for a student. They must not do so in part, or through someone else.
• Students must not ask a tutor to do this, and must not use Darsly for that purpose.
• Tutors review uploaded material and mark whether it is assessed coursework. Such material is used only for teaching and feedback.
• Everyone must follow their university's rules on academic integrity and the law where they study or work.
• In England, it is a criminal offence to provide, arrange or advertise cheating services to students (Skills and Post-16 Education Act 2022). Other countries may have similar rules.
• If we believe these rules are broken, we may remove content and suspend or close accounts. We may share information with a university or authority where the law requires or allows it.

5. Recordings

• Tutors record sessions with Zoom cloud recording, and Darsly copies the video into private storage. Tutors can also upload recordings.
• Students are told about recording before they enroll, and their agreement is recorded.
• Tutors must not record anyone who has not been told. Tutors must make sure no one else, especially a child, is recorded by accident.
• Recordings are only for the students of that course (and, in an academy, its administrators and the course's teachers), only inside Darsly, and only until the course end date.
• Do not download, copy, share or publish recordings, materials, or other students' details.

6. Zoom and Google Calendar

• Tutors can connect a Zoom account and a Google Calendar account. You must follow Zoom's and Google's own terms.
• We are not responsible for Zoom's or Google's services. If they fail or change, some Darsly features may not work.
• You can disconnect them at any time. Our Privacy Policy explains what data we access and what happens when you disconnect.

7. WhatsApp and other messages

• We send service alerts in the portal and by email.
• We send WhatsApp alerts only to students who opted in. Students can opt out at any time.
• Tutors may use WhatsApp click-to-chat drafts from their own WhatsApp account. Those chats are between the tutor and the student, not through Darsly.

8. Payments and invoices

• Darsly records invoices and payments. It does not hold, collect or transfer money.
• Students pay tutors directly, by bank transfer or e-wallet, and upload proof. Tutors confirm payments.
• Currency. Prices and invoices are in Qatari riyal (QAR). A student may choose to pay in another currency that Darsly supports. The tutor enters the exchange rate by hand. It is not a live market rate and Darsly does not set it. The rate is locked when the invoice is issued, and the invoice shows both the QAR total and the amount in the payment currency. Later changes to the rate do not affect an issued invoice. The tutor is responsible for the rate they enter. Darsly does not check or guarantee it. Darsly is not a party to the payment and does not process it. The student pays the tutor directly, and bank or e-wallet charges and differences in the rate are between the student and the tutor and their providers.
• Absence and cancellation billing follows the rules shown in the course.
• Refunds and late payments are between the tutor and the student, under the course rules and the law. Darsly does not decide disputes about them. Darsly does not charge late fees.
• Tutors must give students the information that consumer law requires, including any cancellation rights, before the student enrolls.
• Financial records are kept for 6 years, as our Privacy Policy explains.

9. Fees for tutors

Darsly is free for tutors during the pilot. If we introduce fees, we will tell tutors at least 30 days in advance. A tutor who does not accept the fees can close their workspace before they start, and will not be charged.

10. Your content

• You keep ownership of what you upload.
• You give Darsly a limited right to store, copy, process and show your content only as needed to run the service for you and the people you share it with. This right ends when the content is deleted, except for copies we must keep by law or that remain in backups for a short time.
• You promise that you have the right to upload your content, that it is lawful, and that it contains no malware.
• If you believe content on Darsly infringes your rights, email support@darsly.org. We will review it and may remove it.

11. Acceptable use

You must not:

• upload unlawful, abusive, hateful or infringing content;
• try to access other tutors' workspaces, other courses or other people's data;
• test, scan or break the security of Darsly, except through responsible disclosure to privacy@darsly.org;
• reverse engineer the service, copy it, or overload it;
• use Darsly to send spam or marketing messages;
• use Darsly for anything that breaks the law where you are.

12. Data processing terms (for tutors)

For course data about your students, you are the controller and Darsly is your processor. Our Privacy Policy explains which data this covers. This section is our data processing agreement with you. It applies in addition to the rest of these terms.

Your duties as controller:

• have a legal basis for the data you put into Darsly, and tell your students how it is used (you may point them to our Privacy Policy);
• tell students about recording before they enroll;
• if you run an academy, tell students and inquirers that the academy's teachers see their names and course content, and that intake files may be shared with a teacher before an inquiry is accepted, and give teachers access only to what they need;
• answer your students' data requests, with our help;
• follow the data protection and tax laws that apply to you.

Our duties as processor:

• use the data only to provide Darsly, and only on your instructions. These terms, your settings and your actions in Darsly are your instructions. The retention rules in our Privacy Policy, including keeping financial records for 6 years after you leave, are also your instructions;
• tell you if we think an instruction breaks the law;
• make sure anyone who can access the data is bound to keep it confidential;
• keep the data secure, as our Privacy Policy explains;
• use only the sub-processors listed in our Privacy Policy. We bind each one to data protection terms at least as strong as these. We will tell you at least 30 days before we add or replace one. If you object on reasonable data protection grounds, and we cannot address it, you may close your workspace;
• help you answer data requests, and pass on requests we receive about your course data within 5 working days;
• tell you about a personal data breach affecting your course data without undue delay, and within 48 hours of becoming aware of it, and help you meet your own duties to notify;
• help you with data protection impact assessments and regulators' questions, where reasonable;
• when you close your workspace, let you export your data for 60 days and then delete it, except financial records, which we keep for 6 years and then delete;
• give you the information you reasonably need to show that we meet these duties, and answer reasonable audit questions in writing.

International transfers. Course data is stored in London, United Kingdom. The operator accesses it from Jordan, and some sub-processors are in other countries. Where UK data protection law applies, the UK International Data Transfer Agreement issued by the Information Commissioner covers transfers from you to Darsly. We will send you a completed and signed copy on request. Where other laws apply, we use the safeguards those laws recognise, as our Privacy Policy explains.

13. Suspension and ending use

• Tutors can close their workspace at any time. It becomes read-only for 60 days with full export. Then data is deleted, except financial records, which are kept for 6 years.
• Students lose portal access at the course end date, when the tutor removes them, or when the workspace closes. A student can ask to close their account at any time.
• We may suspend or close an account if it breaks these terms, puts others at risk, or if the law requires it. Where it is safe and lawful, we will tell you first and give you a chance to fix the problem. If we close a tutor's workspace, the tutor still gets the 60-day export period, unless the law prevents it.
• We may stop offering Darsly. If we do, we will give at least 60 days' notice and time to export data.

14. Availability

We work to keep Darsly available and secure, and to use reasonable care and skill. But we cannot promise that it will always be available or free of errors. We may pause it for maintenance or security. Tutors should keep their own exports of important content.

15. Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that the law does not allow us to limit.

If you are a student (a consumer):

• We are responsible for loss you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill.
• We are not responsible for loss that was not foreseeable, or for the tutoring itself, which the tutor provides.
• You keep all rights that consumer law gives you where you live. These terms do not take them away.

If you are a tutor (a business):

• We are not liable for lost profits, lost business, lost income or indirect loss.
• Our total liability to you in any 12 months is limited to the fees you paid us in those 12 months, or QAR 500, whichever is higher.
• You are responsible for your tutoring, your content, your prices and your compliance with the law. You agree to cover our reasonable costs if a claim is made against us because you broke these terms or the law.

We are not responsible for delays or failures caused by events outside our reasonable control, such as outages of our providers, internet failures, or government action.

16. Privacy

Our Privacy Policy explains how we use personal data. It forms part of these terms.

17. Changes to these terms

We may update these terms. We will post the new version here with a new date. For material changes, we will email users at least 30 days before they take effect, unless the law or a security need requires a faster change. If you do not accept a change, you can stop using Darsly before it takes effect. Tutors can close their workspace and export their data.

18. Governing law and disputes

• Please contact support@darsly.org first. We will try to resolve any problem within 30 days.
• These terms are governed by the laws of the Hashemite Kingdom of Jordan. The courts of Amman have jurisdiction.
• If you are a consumer, you keep the protection of the mandatory laws of the country where you live. You may also bring a claim in the courts of that country, where its law allows.

19. General

• If a court finds part of these terms invalid, the rest still applies.
• If we do not enforce a right at once, we can still enforce it later.
• We may transfer these terms to a buyer of the business. We will tell you first, and your rights will not be reduced. You may not transfer your account without our agreement.
• These terms, with the Privacy Policy, are the whole agreement between you and Darsly about the platform.
• These terms are published in English and Arabic. If the two versions differ, the English version applies, unless the law where you live requires otherwise.

20. Contact

Operator and contracting party: Motasem Abdellateef, an individual resident in Jordan, trading as Darsly.

• Support: support@darsly.org
• Privacy: privacy@darsly.org