1. ACCEPTANCE OF TERMS

Welcome to Akamori, an AI-powered learning platform providing personalized online tutoring services for advanced learners. These Terms of Service ("Terms") constitute a legally binding agreement between you and Akamori (a service of Xalytica) governing your use of our platform, services, and related offerings.

By accessing or using Akamori's services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms applicable to specific features or services.

2. DEFINITIONS

• "Platform" refers to Akamori's website, mobile applications, and all related services and technologies, including XalyLearn™ AI technology.
• "Services" includes all educational, tutoring, assessment, and related services provided through the Platform.
• "User" means any individual accessing or using the Platform, including Students, Parents/Guardians, Tutors, and Administrators.
• "Student" refers to learners enrolled in educational programs through the Platform.
• "Content" includes all text, graphics, images, music, software, audio, video, information, and other materials available through the Platform.
• "XalyLearn™" refers to our proprietary AI-powered learning technology developed by Xalytica.
• "Educational Records" means records containing information directly related to a Student's educational progress and participation.

3. ELIGIBILITY AND ACCOUNT REQUIREMENTS

3.1 Age and Capacity Requirements

• Primary Users: Students in grades 9-12 (typically ages 14-18)
• Minors: Users under 18 require parental/guardian consent where legally mandated
• Legal Capacity: Users must have legal capacity to enter binding agreements
• Parental Responsibility: Parents/guardians are responsible for minors' platform use

3.2 Account Registration

Users must provide accurate, current, and complete information during registration and maintain account security through:

• Strong, unique passwords
• Prompt notification of unauthorized access
• Regular review and updating of account information
• Compliance with our authentication requirements

3.3 Account Verification

We reserve the right to verify user identity and eligibility, including:

• Educational institution verification for Students
• Professional credential verification for Tutors
• Payment method validation for billing accounts
• Background checks where legally required or permitted

4. PLATFORM ACCESS AND USE

4.1 Permitted Use

The Platform may be used solely for:

• Legitimate educational and tutoring purposes
• Personal, non-commercial learning activities
• Communication related to educational services
• Accessing authorized course materials and resources

4.2 Prohibited Activities

Users are strictly prohibited from:

4.3 Compliance with Laws

Users must comply with all applicable laws and regulations, including:

• Educational privacy and data protection laws
• Intellectual property and copyright laws
• Anti-discrimination and civil rights laws
• Local, state, national, and international regulations

5. EDUCATIONAL SERVICES

5.1 Service Offering

5.2 Service Delivery

Live Sessions:

• Conducted via integrated Google Meet technology
• Scheduled through our platform calendar system
• Recorded for quality assurance (with appropriate consent)
• Subject to tutor availability and time zone considerations

Self-Paced Learning:

• 24/7 access to course materials and resources
• Adaptive content delivery based on progress
• Interactive assignments and assessments
• Automated grading and feedback systems

5.3 Academic Standards and Accreditation

• Services aligned with recognized educational standards
• Compliance with Ontario OSSD and Alberta K-12 frameworks
• Integration with regional curriculum requirements
• Support for international academic programs

5.4 Tutor Qualifications and Standards

All tutors undergo:

• Comprehensive credential verification
• Background checks where legally required
• Ongoing training and professional development
• Performance monitoring and quality assurance
• Compliance with professional teaching standards

6. AI TECHNOLOGY AND PERSONALIZATION

6.1 XalyLearn™ AI Technology

Our AI-powered platform:

• Analyzes learning patterns to create personalized experiences
• Provides adaptive curriculum and assessment recommendations
• Tracks progress and predicts learning outcomes
• Optimizes content delivery and pacing
• Generates insights for tutors and students

6.2 Data Processing for AI

By using our services, you consent to:

• Collection and analysis of learning data for personalization
• AI processing of educational records and performance data
• Generation of predictive analytics and recommendations
• Continuous improvement of AI algorithms based on usage patterns

6.3 AI Limitations and Human Oversight

Users acknowledge that:

• AI recommendations are supplemental to human instruction
• Tutors maintain ultimate responsibility for educational guidance
• AI decisions may be subject to bias or error
• Human review is available for disputed AI recommendations

7. PAYMENT TERMS AND BILLING

7.1 Service Fees

• Fees vary based on service type, duration, and customization
• Pricing information is available on our website and during enrollment
• All fees are quoted in the applicable local currency
• Taxes and additional charges may apply based on jurisdiction

7.2 Payment Methods and Processing

• Accepted payment methods include major credit cards and electronic transfers
• Payments processed through secure, PCI-compliant systems
• Automatic recurring billing for subscription services
• Payment information stored securely by authorized processors

7.3 Billing Policies

• Advance Payment: Services typically require advance payment or deposit
• Refund Policy: Refunds subject to our published refund policy and applicable law
• Late Payment: Late fees may apply for overdue accounts
• Disputed Charges: Must be reported within 60 days of billing date

7.4 Cancellation and Suspension

• Users may cancel services with appropriate notice as specified in service agreements
• We reserve the right to suspend services for non-payment or Terms violations
• Refunds for prepaid services subject to our refund policy
• Account reactivation may require payment of outstanding balances

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Platform and Technology Rights

Akamori and Xalytica own all rights to:

• XalyLearn™ AI technology and algorithms
• Platform software, design, and functionality
• Proprietary educational content and curricula
• Trademarks, logos, and brand elements
• Documentation, guides, and instructional materials

8.2 Third-Party Integration Rights

• TutorTMS integration subject to third-party licensing terms
• Google services integration governed by Google's terms
• Third-party content used under appropriate licensing agreements
• Users must respect all third-party intellectual property rights

8.3 User-Generated Content

• Student Work: Students retain ownership of their original academic work
• License Grant: Users grant Akamori limited license to use submitted content for service delivery
• Educational Use: Student work may be used for legitimate educational purposes
• Privacy Protection: Personal information in user content protected per our Privacy Policy

8.4 Educational Content Licensing

• Course materials provided under limited educational license
• Sharing or redistribution of content prohibited without authorization
• Fair use principles apply to copyrighted educational materials
• Academic integrity requirements govern use of provided resources

9. PRIVACY AND DATA PROTECTION

9.1 Privacy Policy Integration

Data collection, use, and protection governed by our comprehensive Privacy Policy, which forms an integral part of these Terms.

9.2 Educational Privacy Compliance

We comply with applicable educational privacy laws including:

• Family Educational Rights and Privacy Act (FERPA) - United States
• Personal Information Protection and Electronic Documents Act (PIPEDA) - Canada
• General Data Protection Regulation (GDPR) - European Union
• Regional and local privacy requirements globally

9.3 Parental Rights and FERPA

Parents/guardians of eligible students have rights under FERPA to:

• Inspect and review educational records
• Request amendment of inaccurate records
• Control disclosure of personally identifiable information
• File complaints regarding alleged violations

10. LIMITATION OF LIABILITY AND DISCLAIMERS

10.1 Service Disclaimers

• "AS IS" BASIS: Services provided on an "as is" and "as available" basis without warranties
• NO EDUCATIONAL GUARANTEES: We do not guarantee specific academic outcomes or results
• TECHNICAL LIMITATIONS: Platform availability subject to technical constraints and maintenance
• AI LIMITATIONS: AI recommendations are supplemental and may contain errors or biases

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• DIRECT DAMAGES: Our liability limited to amounts paid for services in the preceding 12 months
• INDIRECT DAMAGES: We are not liable for indirect, incidental, special, or consequential damages
• THIRD-PARTY SERVICES: No liability for third-party service failures or interruptions
• DATA LOSS: Limited liability for data loss, with backup and recovery best efforts

10.3 Jurisdictional Variations

Liability limitations subject to mandatory consumer protection laws in applicable jurisdictions, including:

• European Union consumer rights directives
• Canadian provincial consumer protection acts
• UAE Consumer Protection Law
• Indian Consumer Protection Act
• Other applicable local consumer protection regulations

11. INDEMNIFICATION

Users agree to indemnify and hold harmless Akamori, Xalytica, and their affiliates from claims arising from:

• Violation of these Terms or applicable laws
• Infringement of third-party intellectual property rights
• Misuse of the Platform or Services
• Harm to other users or third parties
• Breach of educational institution policies or codes of conduct

This indemnification obligation survives termination of your use of our Services.

12. DISPUTE RESOLUTION

12.1 Informal Resolution

Before initiating formal proceedings, parties agree to attempt good-faith informal resolution through direct communication and mediation where appropriate.

12.2 Arbitration (Where Permitted)

Subject to applicable law and consumer protection rights, disputes may be resolved through binding arbitration under rules of recognized arbitration organizations.

12.3 Jurisdictional Considerations

• Canada: Disputes subject to provincial consumer protection and arbitration laws
• United States: Federal Arbitration Act governs arbitration agreements, subject to state consumer protection laws
• European Union: EU consumer rights supersede arbitration for EU consumers
• United Kingdom: Consumer Rights Act 2015 provides mandatory protections
• UAE: UAE Civil Procedures Law governs dispute resolution
• Saudi Arabia: Disputes resolved under Saudi Arabian law and Sharia principles where applicable
• India: Indian Arbitration and Conciliation Act governs arbitration procedures

12.4 Class Action Waiver

Where legally permitted, users waive rights to participate in class action lawsuits, subject to applicable consumer protection laws.

13. TERMINATION

13.1 Termination by Users

Users may terminate their accounts by:

• Providing written notice as specified in service agreements
• Following platform account closure procedures
• Fulfilling outstanding payment obligations
• Returning or destroying confidential materials

13.2 Termination by Akamori

We may terminate or suspend accounts for:

• Material breach of these Terms
• Violation of educational policies or applicable laws
• Non-payment of fees after appropriate notice
• Fraudulent or deceptive conduct
• Safety or security concerns

13.3 Effect of Termination

Upon termination:

• Access to Services immediately ceases
• Outstanding fees become immediately due
• Data retention governed by Privacy Policy and legal requirements
• Certain provisions survive termination (indemnification, intellectual property, etc.)

14. COMPLIANCE AND REGULATORY REQUIREMENTS

14.1 Educational Compliance

• FERPA compliance for US educational records
• PIPEDA compliance for Canadian personal information
• Student privacy protection across all jurisdictions
• Academic integrity and ethical standards maintenance

14.2 International Compliance

• Cross-Border Services: Compliance with international service delivery regulations
• Data Transfers: Appropriate safeguards for international data transfers
• Professional Standards: Adherence to teaching and tutoring professional standards globally
• Cultural Sensitivity: Respect for cultural and religious considerations across jurisdictions

14.3 Accessibility Compliance

• Web Content Accessibility Guidelines (WCAG) 2.1 Level AA compliance
• Americans with Disabilities Act (ADA) compliance in the United States
• Accessibility for Ontarians with Disabilities Act (AODA) compliance in Canada
• Equivalent accessibility standards in other jurisdictions

15. MODIFICATIONS TO TERMS

15.1 Right to Modify

We reserve the right to modify these Terms at any time, with changes becoming effective:

• Immediately for legal compliance requirements
• 30 days after notice for material changes affecting user rights
• Upon next login for minor clarifications or updates

15.2 Notice of Changes

Material changes will be communicated through:

• Email notification to registered users
• Prominent platform announcements
• Updated Terms posting with change summaries
• In-app notifications for significant modifications

15.3 Continued Use

Continued use of Services after Terms modifications constitutes acceptance of updated Terms.

16. GOVERNING LAW AND JURISDICTION

16.1 Primary Governing Law

These Terms are governed by the laws of Ontario, Canada, without regard to conflict of law principles.

16.2 Jurisdictional Variations

Where users are located in specific jurisdictions, additional terms may apply:

• Canada: Provincial consumer protection and educational laws apply
• European Union: GDPR and EU consumer rights directives supersede conflicting provisions
• United Kingdom: UK consumer protection and data protection laws apply
• United States: State-specific consumer protection and educational privacy laws may apply
• UAE: UAE commercial and consumer protection laws apply to local users
• Saudi Arabia: Saudi Arabian commercial law and Sharia principles apply where relevant
• India: Indian consumer protection and information technology laws apply

16.3 Venue

Subject to mandatory consumer protection laws, legal proceedings shall be conducted in courts of competent jurisdiction in Ontario, Canada.