Last modified 12.03.2019
Welcome to our Terms of Service! This page clearly explains how Tandem operates as a service and what you can expect when you become a member of our community.
We recommend you read the statement in full before you register as a Tandem member, but here are the key points in brief (please note that this introduction is not legally binding, unlike the full contents of the Terms of Service below).
Tandem offers subscriptions that unlock premium features, such as unlimited translations.
The subscriptions automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period. Accounts will be charged for renewal within 24-hours prior to the end of the current period.
Subscription payments will be charged to your iTunes Account at confirmation of purchase. To turn of auto-renewal for these purchases, select Manage App Subscriptions in your iTunes Account settings and select the subscription you want to modify.
If a free trial is offered, it will automatically renew to a paid subscription unless auto-renew is turned off at least 24 hours before the end of the trial period. Any unused portion of a trial will be forfeited when you purchase a subscription to that publication.
Welcome! By registering, or by using our websites, services, our mobile applications, developer platform, or other information provided as part of the Services (“Tandem”), you agree that you are entering into a legally binding agreement with Tripod Technology GmbH, Hanomaghof 2, D-30449 Hannover, Germany, http://tandem.net (“we”, “us”, “our”, “Tandem”). You also agree that these Terms of Service (“Terms”) govern your access to and use of the services and any information appearing on the services. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the services you agree to be bound by these Terms.
You own the information you provide under this Agreement, and may request its deletion at any time, unless you have shared information or Content with others and they have not deleted it, or it was copied or stored by other users. You understand that deleted Content may persist in backup copies for a reasonable period of time, but will not be available to others.
Additionally, you grant Tripod a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub licensable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to our apps, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to the Services, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Services account profile information accurate and updated.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you:
By signing up to our apps you agree to:
You may control your user profile and how you interact with the Service by changing the settings in our app’s Profile page or by changing settings before posts are published. By providing us your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service or Service Notifications.
We are working hard to keep Tandem a safe place without unlawful, misleading, malicious, or discriminatory content and conversations.
Therefore, by using Tandem you agree:
Tandem reserves the right to decide what behaviors fall into these categories and will make reasonable efforts to deny access to users who do not comply with these Terms. However, Tandem does not guarantee you will not be connected to violators before they are banned. Please report abuse by clicking on the REPORT link, or contacting us here: https://www.tandem.net/contact-us.
You understand and agree that you may be exposed to User Content (as defined below) that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Tandem shall not be liable for any damages you allege to incur as a result of User Content.
All content created or published by users, including topics, profiles, the content of video-, audio- or text chats and –conversations, as well as messages submitted through our app’s messaging feature (“Content“), is the sole responsibility of the person who originated such Content, whether publicly posted or privately transmitted. In particular, you are responsible for ensuring that your Content complies with the community guidelines and general prohibitions as set out in paragraph 4 of these Terms.
We reserve the right (but shall have no obligation) to decide whether any Content that you create or use complies with these Terms. We may in our sole discretion remove such Content and/or terminate these Terms and your user account if you publish or use any Content that is in breach of these Terms.
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
By using the Services, you agree that any Content that you submit may be transmitted to the recipient of your communication. The Content of communications, especially of Video-, Audio- or Textchats is entirely the responsibility of the person from whom such Content originated and therefore you may be exposed to Content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. The Content of communications may be protected by intellectual property rights, which are owned by third parties.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via our Services or endorse any opinions expressed using the Services. You understand that by using Tandem, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Tandem be liable in any way for any Content, including, but not limited to, any errors or omissions, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted via Video, Audio- or Textchat or otherwise made available via the Services or broadcast elsewhere.
While we strive to provide a high quality communication platform, we cannot guarantee that the Services will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Services, and may result in the failure of your communications. We take no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of the Services.
Tandem provides the technical platform for communication and booking of text chat and video chat sessions between members and tutors, willing to teach a language for a fee (“Tutors”). Members and Tutors can find each other on Tandem and take advantage of the Services. Tandem is not involved in or responsible for the Tutors’ delivery of Instruction Services to Students or the business relationship that may be entered into by Students and Tutors. While all Tutors go through a multi-step selection and vetting process, Tandem does not guarantee the quality, safety or legality of instruction services advertised by tutors, the truth or accuracy of listings, the qualifications, background, or abilities of Tutors or Students, the ability of Tutors to deliver teaching services, the ability of Students to pay for teaching services, or that a Student or Tutor can or will actually complete a transaction.
Taxes, Reporting and Legal Responsibilities: Each Member, Student and Tutor is solely responsible for satisfying any income tax, VAT, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of Services from and by independent contractors.
Directory of Tutors: The Service contains a directory of Tutors. The directory is populated with information from third party sources, from Tutors themselves and from other Members. Tandem provides this directory as a convenience and does not confirm or verify the information contained in it.
As a user of our Services you have the option of granting us access to your accounts on certain third-party social media and networking Services, e.g. Facebook, Weibo, Google+ or Twitter (each, an “SNS”) so that we can capture and make available on Services Content that you have stored in your account(s) with such SNSs (“SNS Content”). By granting us access to any such Member SNS Content, you understand that we will access, after you have reviewed the SNS Content accessed by our apps, make available and store (if applicable) such SNS Content so that it is available on the Services. We are not responsible for any SNS Content stored on an SNS that you choose to make available on the Services. Depending on the SNS you choose and subject to the privacy settings you have set in your SNS account(s), personally identifiable information that you post to your SNS account(s) will be available on the Services. Please note that if an SNS account becomes unavailable or an SNS terminates our app’s access to your SNS account(s), any SNS Content from that SNS will no longer be available on the Services. You have the ability to disable the connection between the Services and your SNS accounts, at any time, by accessing the “Settings” section of that SNS. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH SNS, INCLUDING YOUR RIGHTS WITH RESPECT TO ANY CONTENT THAT YOU PROVIDE TO AN SNS AND THE STORAGE OF SUCH CONTENT, IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Tandem and its licensors. The Services are protected by copyright, trademark, and other laws of Germany, the United States and other countries. Nothing in the Terms gives you a right to use any of our trademarks, logos, domain names, and other distinctive brand features.
You agree that we may communicate with you through your account or through other means including email, push notifications or SMS / mobile messaging services. Please review your Settings to control what kind of messages you receive from Tandem. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information through or about the Services.
We welcome and encourage you to provide feedback, comments and suggestions for the Services. By submitting ideas, suggestions, documents, and/or proposals (“Feedback”) to us through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, expressed or implied, with respect to the Feedback; (c) we shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (d) We may have something similar to the Feedback already under consideration or in development; (e) you irrevocably assign to us all rights to your Feedback; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
If we receive any notification that any material that you post, upload, edit, host, share, broadcast, stream, transmit and/or publish on the Services (“User Submission”) is inappropriate, infringes any rights of any third party, or if we wish to remove your User Submission for any reason whatsoever, we reserve the right to remove such User Submission for any reason immediately or within such other timescales as may be decided by us in our sole discretion. The User Submission shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that Tandem is under no obligation to put back such User Submission at any time. If User Submissions infringe, or if you believe that User Submissions infringe any of your rights (including intellectual property rights) or are unlawful, please contact us immediately using the in app feature or by contacting us via email: https://www.tandem.net/contact-us.
“Tandem”, the Tandem logo, and any other product or service name or slogan displayed on our Services are trademarks of Tripod and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or the permission of the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Tandem” or any other name, trademark or product or service name of Tripod without our prior written permission. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Tripod and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in our Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
We will have the right to suspend or disable your Account or terminate these Terms of Service, at our sole discretion, without prior notice to you and without recourse to the courts, if you breach any of these Terms of Service or if we decide to cease offering the Services to users in your jurisdiction generally. We reserve the right to revoke your access to and use of the Services at any time, with or without cause.
In the event we terminate these Terms of Service for your breach, you will remain liable for all amounts due hereunder, to the extent that there are amounts outstanding and payable to Tandem.
You may cancel your Account at any time by using the ‘delete account’ feature or by contacting us here: https://www.tandem.net/contact-us.
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, TRIPOD AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that we has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Services, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRIPOD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TRIPOD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT OUR LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID INTO YOUR USER ACCOUNT BY YOU.
If any third party brings a claim against us in connection with, or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); (iv) your User Submissions or (v) your complaint in relation to any User Submission, you will indemnify and hold us harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
We may revise these Terms from time to time, the most current version will always be here https://www.tandem.net/termsofservice. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
Law and Forum for Legal Disputes: This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of Germany, regardless of your country of origin or where you access the Services, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Tripod agree that all claims arising out of or related to this Agreement must be resolved exclusively by court located in Hannover, Germany, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. Notwithstanding the above, you agree that Tandem shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Arbitration Option: For any claim (excluding claims for injunctive or other equitable relief), Tripod may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event Tripod elects arbitration, it shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider appointed by the Chamber of Industry and Commerce (“Industrie und Handelskammer”) in Hannover, Germany. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be mutually agreed by the parties; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final.
You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with us.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral notation, effective upon notice to you, the Services for any third party that assumes our rights and obligations under this Agreement.
You may have rights or obligations under local law other than those enumerated here.
You can reach us via E-mail here: https://www.tandem.net/contact-us, or via postal service or courier at
Tripod Technology GmbH Hanomaghof 2 D-30449 Hanover Germany
If you want to offer Tutoring services on Tandem, you must read and agree to be bound by these Additional Terms and Conditions for Tutors (“Tutor Terms”) which are part of and incorporated into the Tandem Terms and Conditions of Use (“Terms”) (https://www.tandem.net/termsofservice). These Tutor Terms will apply to any Account that is approved to be a Tutor on the Service. If you do not accept these Tutor Terms in full, you are not authorized to teach on the Service and you are not eligible to receive any money from Tandem or its members for any Course and/or Tutoring service you provide on the Service.
Before you start sharing your knowledge on the Service, we want to get to know you a little better. To preserve the quality of the Courses on the Service and to ensure the safety of all our users, every user who wishes to teach or provide a Course and/or Tutoring service will be required to go through an application and pre-qualification process
You must complete the following simple steps before you can begin to teach:
Application: Fill out an Application Form to provide us with information regarding your background, education, work experience, certifications and other qualifications with respect to your planned Courses. You will be required to provide your correct mailing address. You will authorize us to verify the accuracy of all the information you provide. We reserve the right, at our sole discretion, to accept or decline your application for any reason.
Becoming a Tutor: If we approve your application after our review, you will be considered a “Tutor.” and can be listed as a tutor on the Service.
Courses and Rates. If you pass our evaluation, you can begin providing a variety of language Courses on the Service. No Course may ever contain any Prohibited Content. It is up to you to accurately describe your Course(s) for sale.
We reserve the right to withdraw our approval of your application and to suspend or terminate your right to teach on the Service at any time and at our sole discretion. If applicable law requires us to provide a notice of termination or cancellation, we may give notice by sending written communication to any address (email or otherwise) that we have for you in our records. You will be liable for any breaches and/or obligations incurred before we suspend or terminate your Account.
You hereby agree that any user who purchases your Course (“Student”) will obtain and be granted, as a result of such purchase, a worldwide, non-sublicenseable and non-exclusive right and license to use the Content incorporated in that Course solely for his or her personal and noncommercial educational purposes. You acknowledge that all of the Content you submit to the Service (whether as part of your Course or otherwise) is subject to the representations, warranties, license grants and other provisions contained in the Terms. Please read those carefully. You also acknowledge that we may use your Content and information about your Courses in marketing, advertising and promotion of our Service in any medium, and you hereby give us permission to use your name and content of your profile as part of such marketing, advertising or promotion.
You agree that you are prohibited from soliciting any personally identifiable information (such as birth date, age, government issued number, email address, phone number or home address) from any Student on Tandem and that you are prohibited from disclosing such personally identifiable information to any third party. You are not allowed to obtain any personal information from your Student other than their profile information available through Tandem.
Posting of Earned Amounts. The total amount of all payments earned through your purchased courses (less any applicable fees and issued credits or refunds due to cancellations) will be posted by the Payment Service Provider to your account almost immediately after the student has paid for the session or course.
Tutors are solely responsible for all applicable federal, state, local, and foreign taxes or charges imposed by any government entity, directly or indirectly, in connection with your enrollment as a Tutor.
Tutors agree to provide Tandem with their tax number or VAT number upon registration.
We collect commission fees only when your course is purchased or a tutoring session is booked and the transaction is completed. To the extent any refunds are issued under the Terms, our commission fees will be based only on the amount that is not refunded back to the Student. For each purchase transaction on the Service, our commission is 20% of the total cost of the Session (“Commission”).
We reserve the right to seek reimbursement from you if we, in our sole discretion, (a) provide a refund to a Student if you cannot promptly deliver the purchased Course, or (b) discover erroneous or duplicate transactions. You authorize us to obtain such reimbursement by deducting from future payments owed to you, reversing any credits to your Account, debiting your bank account, or seeking such reimbursement from you by any other lawful means.
As a security measure, we may, but are not required to, impose transaction limits on some or all Students and Tutors relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. We will impose these limits before any services are rendered. We will not be liable to you: (i) if we do not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason, or (ii) if we permit a Student to withdraw from a transaction because our payment service is unavailable following the commencement of a transaction.
Any Student who is dissatisfied with your Course is required to contact you directly through the Service regarding any issues or complaints. You must resolve any issue or complaint with the Student. We shall have the right, in our sole discretion, (a) to issue credits, offer a refund to the original form of payment used, or reverse an entire purchase transaction; and (b) to designate who shall bear the expenses resulting from any such actions.
You may choose from time to time to remove or modify any Content or Courses that you previously posted or offered on the Service.
You are expected to perform in a manner that results in a consistently high level of Student satisfaction. You are in breach of these Tutor Terms if you (a) fail to deliver any Course for which payment was accepted; (b) misrepresent a Course by not meeting the terms and description provided in the listing; (c) post any Prohibited Content or perform any Prohibited Conduct under the Terms; and (d) fail to take commercially reasonable efforts to resolve any dispute with a Student.
We believe in the value of education and the learning process one goes through to obtain knowledge. As a company, we do not condone plagiarism, copyright infringement or inappropriate teaching methods and will deactivate the account of anyone knowingly engaging in such conduct.
Additionally, if at any point you feel the instruction you are providing or the feedback you are being asked to provide is being used inappropriately by the student, you should not hesitate to end a session and/or cancel the student’s order and notify us immediately via the feedback form or live chat.
AS A TUTOR YOU AGREE THAT FOR A PERIOD OF ONE YEAR AFTER ACCEPTANCE OF YOUR TEACHING SERVICES, IF YOU PROPOSE OR PROVIDE ANY SERVICES TO THE SAME STUDENT YOU WILL DO SO EXCLUSIVELY ON TANDEM, WHETHER SUCH SERVICES ARE RELATED TO THE PREVIOUS SERVICES, OR FOR NEW UNRELATED SERVICES.
You agree not to engage in any action or activity meant to circumvent the Commission. Prohibited practices include (but are not limited to) suggesting or soliciting Students to hire you outside Tandem and to report a service price different than that agreed between Student and Teacher.
You agree to notify Tandem immediately if another person improperly contacts you or suggests making or receiving payments 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 Tandem: cick here to contact us.